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 UNIVERSITY 
 
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 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY 
 
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 C)l^,•o. I-JUJ5, Stifw-^^'i^f^- 
 
 OHIO SCHOOL LAWS, 
 
 AOOOMPANIED BT 
 
 BL^MK FORMCS 
 
 AXD 
 
 OPINIONS OF COMMISSIONERS 
 
 PEEPAEED ET 
 
 THE STATE SCHOOL COMMISSIONER, 
 
 FOP. THE USE AND GOVERNxMENT OF SCHOOL OFFICERS. 
 
 SECOlSriD EIDITI01>T, 1SSS_ 
 
 -«• » -w- 
 
 COLUMBUS: 
 
 RICHARD KEVINS, STATE PRINTER. 
 
 1858.
 
 s 
 
 Ohio As s 
 \'dSS
 
 PREFACE. 
 
 State op Ohio, office of Commissioner of Schools, 
 
 Columbus, June 7, 1858. 
 
 Section 5-i of the general school law makes it the duty of the School 
 Commissioner to "cause as many copies of the laws 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 vol- 
 ume, and distributed to each county with the laws, journals and other doc- 
 uments for the use of the school officers therein, as often after the first dis- 
 tribution as any change in said laws may be made of sufficient importance, 
 in the opinion of the Commissioner, to require a republication and distribu- 
 tion thereof" 
 
 Strict obedience to the requirements of this section would have led to 
 the publication of a new edition of school laws, forms, &c., one year ago, 
 as numerous and important amendments had then been enacted. Many 
 school officers throughout the state requested that the work should not 
 be delayed, as much inconvenience was experienced from its want. But 
 in view of the probability that additional amendments would be enacted by 
 the succeeding Legislature, and unwilling that the stats should be subjected 
 to the expense of publishing an edition which might within six months 
 become obsolete, I judged it prudent to defer the publication until the 
 present season. As but a single section of the law was amended during 
 the recent session of the Legislature, and as there was manifested a general 
 indisposition to make further changes, there is a strong probability that 
 the present school laws of the state will remain for years without material 
 alteration. 
 
 The former edition was published under the supervision of the Hon. 
 "William Trevitt, Secretary of State, in 1853. It embraced only the gene- 
 ral school law, and forms for the use of school officers. The present edi- 
 tion comprises, 
 
 1st. The act to provide for the reorganization, supervision and main- 
 tenance of common schools, passed March 14, 1853.
 
 2d. The Akron school law, with its various amendments. 
 
 3d. The act for the better regulation of the public schools in cities, 
 towns, &c., passed February 21, 1849. 
 
 4th. The several enactments concerning teachers' institutes. 
 
 6th. School lands, and irreducible school funds. 
 
 6th. Eorms. 
 
 7th. A selection of the published opinions of the. late, and the present 
 Commissioner, relative to the interpretation of school laws. 
 
 It will be observed that the laws are published in the form in which 
 they now exist. Amended section's are indicated by reference to explan- 
 atory notes. 
 
 For the statement respecting the irreducible school funds, I acknowledge 
 indebtedness to the late Commissioner, the Hon. H, H. Barney. 
 
 To prepare suitable forms for conducting proceedings under our school 
 laws, much care and labor have been expended ; and it is believed that 
 decided improvement has been made upon those heretofore in use. In 
 the preparation of these forms, a large number of the Auditors of Counties 
 have been consulted. The form for teachers' register was, at my request, 
 furnished by A. J. Dildine, Esq., Auditor of Fairfield county. 
 
 Of the numerous published opinions of my predecessor, not a few have 
 
 become inapplicable, by reason of changes in the school law, enacted since 
 
 their publication. Of the remainder, I have selected nearly forty, which, 
 
 together with twenty of my own, are inserted in this volume. It is 
 
 believed that they will prove convenient to school officers throughout the 
 
 State ; and it is hoped that they will obviate the necessity of much of the 
 
 correspondence which has hitherto been required of this department. 
 
 ANSON SMYTH, 
 
 State School Commissioner.
 
 SCHOOL LAWS U FORCE; 
 
 CHAPTER I. 
 
 GENERAL SCHOOL ACT. 
 
 An Act to provide for the reorganization, supervision and maintenance 
 
 of Common Schools. 
 
 [Passed March 1, 1853, LI vol. Stat. 429.] 
 
 Sec. 1. Be it enacted hy the General Assembly of the State rYovm^hS. 
 of Ohio, That hereafter each, and every organized township compose dia- 
 
 •^ ' .^ o ± t'.-icts ; school 
 
 in the state shall compose but one school district for all pur- districts are 
 
 sub-districts. 
 
 poses connected with the general interests of education in th'e 
 township, and shall be confined to the management and con- 
 trol of a board of education, and the several school districts -g^^^,^ , . 
 and fractional parts thereof, which now are, or may hereafter cation, 
 be established in the several organized townships of the state, 
 shall be regarded as sub-districts, and be confided to the man- 
 agement and control of local directors, as hereinafter provided: ^ 
 ° ) i ' Local direc- 
 
 but nothing contained in this act shall be so construed as to tors, 
 give to the township board of education, or to local directors 
 in sub-districts, jurisdiction over any territory in the township 
 included within the limits of any city or incorporated village, 
 with the territory annexed thereto for school purposes, which ^'^^^^^> ^^' 
 shall elect or appoint a board of education as hereinafter 
 provided, or which now is, or may hereafter be governed, as 
 to schools, by any special or other act, specified in the sixty- 
 seventh section of this act. 
 
 *For the convenience of reference, the following acts are numbered as 
 chapters.
 
 6 
 
 ELECTION OF LOCAL DIRECTORS. 
 
 When, where, Sec. 2. On tlie seconcl Monday of April, in tlie year 
 
 and how di- 
 rectors elected, eighteen hundred and fifty-three, there shall be held at the 
 
 usual hour and place of holding district meetings in each of 
 the sub-districts of the several townships of the state, a school 
 meeting of the qualified voters resident within the sub-district, 
 and having the qualifications of voters at the state and county 
 elections, who, when assembled, shall organize by the appoint- 
 ment of a chairman and secretary, and proceed to elect, by 
 ballot, three school directors for such sub - district ; of those 
 so elected, the person receiving the highest number of votes 
 Term of office, shall hold his ofl6.ce for three years ; the person receiving the 
 next highest number, shall hold the oflS.ce for two years ; and 
 the person receiving the next highest number, shall hold the 
 ofl&ce for one year ; and each shall continue in office until his 
 successor is elected and qualified. In case two or more per- 
 sons so elected have received an equal number of votes, the 
 duration of their respective terms of office shall be determined 
 by lot, in the presence of the chairman and secretary of the 
 meeting; and annually thereafter, in the same manner, on the 
 second Monday in April, there shall be elected in each sub- 
 district of the proper township, one school director for the 
 Minutes of the term of three years ; and the minutes of the proceedings of 
 ''■ any such district meeting shall be signed by the chairman 
 
 and secretary, and delivered to the directors, who shall have 
 Clerk to record been elected as aforesaid, to be recorded by the clerk in the 
 records of the sub-district, and the said clerk of the sub-dis- 
 Clerk to cer- trict shall forthwith certify to the township clerk, the names 
 ^ ^' of the local directors so elected, specifying the term for which 
 
 each was elected; if the directors of any sub-district so 
 Hour of hold- elected, shall deem it exj^edient, they may designate the spe- 
 Who may des- cific hour of the day on which the annual election for such sub- 
 ^aTs^notice to ^listrict shall be held, and in such case, shall cause five days' 
 be given. notice thereof, in writing, to be posted up in three of the most 
 
 public places in such sub-district. 
 Official oath. Sec. 3.* The Said directors, within five days after their 
 
 « As amended April 17, 1857.
 
 election, sliall take an oatli or affirmation to support the con- 
 stitution of the United States, and of the state of Ohio, and 
 faithfully and impartially to discharge the duties of their office ; 
 which said oath the directors are authorized to administer to 
 each other. And in case a vacancy shall occur in the office of di- 
 rector, by death, resignation, refusal to serve, or otherwise, it 
 shall be the duty of the township clerk to fill such vacancy Vacancy, how 
 within ten days after being informed thereof, by the appoint- 
 ment of some suitable person, who shall hold his office until 
 the time of the next annual meeting, when a director shall 
 be elected for the remainder, if any, of the unexpired term, 
 in the manner prescribed in section two. 
 
 Sec. 4.''^ If the qualified voters of any sub-district shall fail special meet 
 to meet and elect school directors, as prescribed in sections directors, 
 two and three, it shall be lawful for any three qualified voters 
 of such sub-district to call a special meeting of the voters of 
 such sub-district, for the purpose of electing directors, on first 
 giving five days' notice in writing, of the time and place of 
 . holding such meeting, by posting the same in three of the 
 most public places in such sub-district ; and the directors so Terms of of- 
 elected at such special meeting shall hold their offices for the °^' 
 unexpired term which they were respectively elected to fill. 
 
 Sec. 5. It shall be the duty of the directors, any two of ^-^^ directors 
 whom shall constitute a quorum, to meet as soon as practica- andTheirmeet- 
 ble after having been elected and qualified, at such place as ^°S^- 
 may be most convenient in the sub-district, and organize by 
 appointing one of their number clerk of the sub-district, who Clerli of sub- 
 
 in ^^ 1 r-r- ■ 1 • n i t ^ districts; du- 
 
 shail preside at the omcial meetings oi the directors, and ties of. 
 record their proceedings in a book provided for the purpose, 
 together with the minutes of the proceedings of the annual 
 school meetings held in the sub-district, by the qualified 
 voters thereof, which shall be a public record ; and all such 
 proceedings, when so recorded, shall be signed by the clerk of 
 the proper sub-district. The directors may meet as frequently 
 as they may think necessary for the transaction of business, 
 
 * As amended April 17, 1857.
 
 8 
 
 and fill any vacancies in tlie office of clerk wMcli may occur 
 in the sub-district ; or, in case of his absence, either of the 
 other directors may officiate temporarily in his place. 
 
 DUTIES OF LOCAL DIEECTOES. 
 
 Their dutws. Sec. 6. It shall be the duty of the school directors, in 
 
 each sub-district, to take the management and control of its 
 
 local interests and affairs, to employ teachers, to certify the 
 
 Township amount due them for services to the township clerk, who shall 
 
 clerk to draw (^j-g^^ r^j^ order on the township treasurer for the amount ; and 
 
 orders on ^ ' 
 
 treasury. to dismiss any teacher, at any time, for such reasons as they 
 
 may deem sufficient ; and to visit the school or schools of the 
 
 sub-district at least t-wice during each term, by one or more of 
 
 their number, with such other person or persons competent to 
 
 examine pupils in their studies, as they may choose to invite. 
 
 Duties of local Ssc. 7. It shall be the duty of the directors, in their 
 
 tinue'd. respective sub-districts, to negotiate and make, under such 
 
 rules and regulations as the township board of education may 
 
 prescribe, all necessary contracts in relation to providing fuel 
 
 for schools, repairing, building, or furnishing school-houses, 
 
 purchasing or leasing school-house sites, renting school-room.s, 
 
 and making all other provisions necessary for the convenience 
 
 When consent ^^^ prosperity of schools within their sub-district ; but no 
 
 obtained ^'^ ^^ Contracts shall be made by the directors, under the provisions 
 
 of this section, for the payment of money from the township 
 
 school fund applicable to such purposes, which in any one 
 
 year shall exceed the amount distributable to the sub-districts, 
 
 in proportion to the enumeration of scholars resident therein, 
 
 without first obtaining the consent or order of a majority of 
 
 extracts to the township board of education ; and all contracts made by 
 
 be reported to ^ 
 
 board. Board tuc local directors, under the provisions of this section, shall 
 
 responsible for ■, . , , . ^ , ^ . 
 
 performance of ^^G reported to the saiQ board, at their next meeting alter the 
 making of such contracts ; and said township board of educa- 
 tion, in their corporate capacity, on the part of the sub-district, 
 shall be held responsible for the performance thereof. 
 
 Sec. 8.'"" It shall be the duty of the directors in each sub- 
 
 • As amended April 17, 1857.
 
 '9 
 
 district to take, or cause to be taken, annually, between tke Enum€ration 
 first and third Monday of September, an enumeration of all 
 the unmarried white and colored youth, noting them sepa- 
 rately, between the ages of five and twenty-one years, resi- 
 dent within such sub-district, and not temporarily there, desig- 
 nating between male and female, and return a certified copy 
 thereof to the township clerk; and in case the directors in any 
 sub-district shall fail to take and return the enumeration afore- 
 said, it shall be the duty of the township clerk to employ a 
 competent person to take the same, and allow him a reasonable 
 compensation for his services ; and shall proceed to recover 
 the amount so paid for such services in a civil action before 
 any court having jurisdiction, in the name of the state of Ohio, 
 against said directors in their individual capacity ; and in such 
 suits said clerk shall be a competent witness ; and the money 
 so collected shall be applied to the use of common schools in 
 
 the proper township. The township clerk shall make an Abstract to be 
 
 transmitted <o 
 
 abstract of the enumeration so returned to him, designating auditor, 
 the number of youth in each sub-district, and transmit such 
 aJDStract duly certified, to the county auditor, on or before the 
 first day of October, 
 
 Sec. 9. If any civil township, or part of a township, com- Different snr- 
 posing a sub-district, shall be partly situated in the Yirginia tad separately. 
 Military District, the United States Military District, the 
 Western Reserve, or in an original surveyed township, or 
 fractional township, to which belongs any of section sixteen, 
 or other lands in lieu thereof, or any other lands for the use 
 of schools, or any interest in the proceeds of such school lands, 
 the local directors shall, in taking the enumeration of youth 
 resident within their jurisdiction, return separately those 
 residing in the Yirginia Military District, or United States 
 Military District, or "Western Eeserve, or original surveyed or 
 fractional township, to which belong any school lands, or 
 interest in the proceeds of school lands.
 
 10 
 
 Quorum. 
 
 Township 
 clerk to be 
 
 Powers and 
 duties 
 
 TOWNSHIP BOARDS OF EDUCATIOl^. ' 
 
 Ofwhomoom- Sec. 10. That the townsliip board of education sliall Con- 
 sist of the township clerk, and of the local director from each 
 sub-district of the township, who has been appointed clerk in 
 his sub-district, a majority of whom shall constitute a quorum 
 for the transaction of business ; and the clerk of the township 
 shall be clerk of the board, but shall not be entitled to a vote. 
 It shall be the duty of said clerk to be present at the meetings 
 
 cleric of board, of the board, and to record in a book, to be provided for the 
 purpose, all their ofS.cial proceedings, which shall be a public 
 record, open to the inspection of any person interested therein ; 
 and all such proceedings, when so recorded, shall be signed by 
 the chairman and clerk. 
 
 Sec. 11. The said township board of education, in each, 
 township of the state, and their successors in office, shall be 
 a body politic and corporate in law, and, as such, may con- 
 tract and be contracted with, sue and be sued, plead and be 
 impleaded, in any court of law or equity in this state, and 
 may receive any gift, grant, donation, or devise, made for tlie 
 use of any school or schools, within their jurisdiction ; and, 
 moreover, they shall be, and are hereby invested, in their 
 corporate capacity, with the title, care, and custody of all 
 school-houses, school-house sites, school libraries, apparatus, 
 or other property belonging to the school district as now 
 organized, or which may hereafter be organized, within the 
 limits of their jurisdiction, with full power to control the same 
 in such manner as they may think will best subserve the 
 interests of common schools, and the cause of education ; and 
 when, in the opinion of the board, any school -house, or school- 
 house site, has become unnecessary, they may sell and convey 
 the same in the name of the township board of education of 
 the proper township ; such conveyance to be executed by the 
 chairman and clerk of said board, and shall pay the avails 
 over to the township treasurer of the proper township, for the 
 benefit of schools ; and all conveyances of real estate which 
 may be made to said board, shall be to said board in their 
 corporate name, and to their successors in office.
 
 11 
 
 Sec. 12.* It sliall be tlie duty of tlie townsliip board of Sessions of the 
 
 board, regular 
 education, to liold regular sessions on the third Monday of and adjourn- 
 
 6d. 
 
 April, and on the third Monday of September, in each year, 
 in the usual place of holding township elections, or at such 
 place in the immediate neighborhood as may be convenient 
 for the transaction of any business which may be necessary in 
 relation to the subject of either the primary or graded schools 
 of the township, with power to adjourn from time to time, or 
 to hold special meetings at any other time or place within the 
 proper township, as they may think desirable for the transac- 
 tion of business as aforesaid, and at all such meetings shall 
 appoint one of their number to the chair, and in case of the 
 absence of the township clerk, may appoint one of their own 
 number to serve temporarily as clerk. 
 
 Sec. 13. The township board of education shall have the Managetrent 
 management and control of all the central and high schools of hL'ii'schooir*^ 
 their proper township, which may be established therein 
 under the authority of this act, with full power, in respect to 
 such schools, to employ, pay, and dismiss teachers, to build, 
 repair and furnish the necessary school-houses, purchase or 
 lease sites therefor, or rent suitable school-rooms, and make 
 all other necessary provisions relative to such schools as they 
 may deem proper ; and it shall also be the duty of said board -when to act as 
 of education, to exercise all the powers conferred on local ^^"' ^^^^ ^^^' 
 directors in respect to sub-district schools, whenever such 
 local directors shall neglect to discharge their duties in any 
 sub-district, as required by this act ; and it shall also be the Tq prescribe 
 further duty of said board to prescribe rules and regulations ^^ ^^' ^^'^' 
 for the government of all the common schools within their 
 jurisdiction ; said board of education may provide for German May provide 
 schools for the instruction of such youth as may desire to gehoob"^^° 
 study the German language, or the German and English 
 languages together, and if the board shall deem it necessary, 
 they may appoint one of their number the acting manager of May appoint 
 schools for the township, who shall do and perform all such ger!°^ °^'^"^' 
 
 * As amended April 17, 1857.
 
 12 
 
 duties as tlie board may prescribe in relation to tlie manage- 
 ment and supervision of tbe different schools, and tlie educa- 
 tional interests of tlie township, and may allow liim a reasonable 
 compensation for bis services. 
 Map of town- Sec, 14. The said board shall prepare, or cause to be 
 prepared, a map of their towmship, as often as they deem 
 
 necessary, on which shall be designated the sub-districts of the 
 Board may al- . . 
 
 ter sub-dis- tov.mship, which they may change or alter at any regular 
 
 session, and the number of scholars assigned to each ; but no 
 not^to^toritain sub-district shall contain within its limits, less than sixty 
 less than Bixty xesidcut scholars bv enumeration, except in cases where, in 
 
 scholars, ex- *^ ' -^ 
 
 cfipfc- the opinion of the board, it is necessary to reduce the number ; 
 
 School in each ^ncL it shall be the duty of the board to establish a school in 
 
 sub-district. 
 
 each sub-district of the township, of such grade as the public 
 
 good, in their opinion, may require ; and in the location of 
 
 primary schools, or schools of higher grade, the board shall 
 
 have reference to population and neighborhood, paying due 
 
 regard to any school-house already built, or site procured, as 
 
 well as to all other circumstances proper to be considered, so 
 
 as to promote the best interests of the schools. 
 
 Assignment of Sec. 15. The board shall have power to assign such 
 
 scholars to . 
 
 higher number oi scholars to tiie several primary sciiools as tney may 
 
 think best; and when such assimment has been made, shall 
 furnish the teacher a list of the scholars to be assigned ; and 
 the board shall also have full power to regulate and control 
 the admission of scholars to schools of a higher grade, accord- 
 ing to age and attainments, and may admit scholars over 
 Disorderly twcnty-one years of age, and may suspend, or authorize the 
 
 scholars may .. n • i 
 
 be suspended, local directors to suspend, from the privileges oi either of the 
 schools, any pupil found guilty of disorderly conduct, which 
 suspension shall not extend beyond the current session of the 
 school. 
 
 Division of Sec. 16. "Whenever it shall happen that persons are so 
 
 township for . , 
 
 educational Situated as to be better accommodated at the school of an 
 ''°^ ^' adjoining township, or whenever it may be desirable to estab- 
 lish a school composed of parts of two or more townships, it 
 shall be the duty of the respective boards of the townships in
 
 13 
 
 wliicli sucli persons reside, or in wliicli such scTiools may be 
 situated, or of tlie townships or parts of which the school is to 
 be composed, to transfer such persons for educational purposes Scholars may 
 
 b3 transferred 
 
 to the township in which such school-house is, or may be to another 
 located; but the enumeration of scholars shall be taken in 
 each township, as if no such transfer had been made, and such 
 school, when so composed, shall be supported from the school 
 funds of the respective townships from which the scholars 
 may have been transferred ; and the board of that township 
 in which the school-house is situated, shall have the control and 
 management of such school, and the board of the adjoining 
 township or townships, so connected for school purposes, shall 
 each make the proper estimates of their share of expenses of 
 every kind necessary to sustain said school, and certify the 
 same to the auditor of their proper county, as part of their 
 annual estimates for school purposes, and draw orders on their 
 respective township treasurers, for such sum as will be in 
 proportion to the enumeration of scholars so transferred, in 
 favor of the board of that township in which such school is 
 located, to be appropriated to the payment of teachers, and for 
 other purposes connected with the establishment or mainte- 
 nance of said school, as far as applicable. 
 
 Sec. 17. The said board shall have power to determine Board to deter- 
 
 ^ miDe studies, 
 
 the studies to be pursued, and the school-books to be used in books, 
 the several schools under their control, and shall make and 
 enforce such rules and regulations relative to the use and 
 preservation of the school libraries and apparatus as they may 
 think advisable, and shall appoint, or authorize the local 
 directors to appoint a suitable person to act as librarian, and Librarian, 
 to take charge of the school apparatus, resident at some con- 
 venient place in the neighborhood where the school is kept, 
 and may require such hbrarian to give bond for the faithful To give bond, 
 discharge of his duties, and allow him such compensation as 
 they may think reasonable.
 
 14 
 
 EEPOET REQUIRED OF TEACHERS. 
 
 What report Sec, 18. It sliall be tlie duty of tlie scliool-teaclier to 
 
 mus 8 ow. make out and file witli tlie townsliip clerk, at tke expiration 
 of each term of the school, a full and complete report of the 
 "whole number of scholars admitted to the school during such 
 term, distinguishing between male and female, the average 
 attendance, the books used, the branches taught, the number 
 of pupils engaged in the study of each of said branches, and 
 such other statistics as he may be required to make by the 
 township board or local directors, and until such report shall 
 have been certified and filed by the said teacher as aforesaid, 
 it shall not be lawful for said board or local directors to pay 
 said teacher for his or her services. 
 
 STATEMEJS'T REQUIRED OF DIRECTORS. 
 
 Board of edn- Sec. lO."^ The board of education in each township shall 
 
 cation to rc« 
 
 porttoaaditor. prepare, or cause to be prepared, and forwarded to the county 
 auditor, on or before the first day of October, a statement 
 exhibiting the number of children in the townshijD, between 
 the ages of five and twenty-one years, distinguishing between 
 male and female ; the number of schools, specifying the dif- 
 ferent grades ; the number of teachers, male and female ; the 
 number of children, male and female, who have attended 
 school during the past year; the average attendance; the 
 length of the terms of schools ; compensation of teachers, male 
 and female ; the number and condition of the school houses 
 and furniture, and the estimated value thereof; the number 
 and condition of the books in the school libraries ; the number 
 of libraries ; the kind of school books used in the schools ; the 
 number and value of school apparatus, and a full account of 
 the expenditures for school purposes, together with such other 
 statistics and information in relation to schools as the state 
 commissioner of schools may require. 
 
 * As amended April 17, 1857.
 
 15 
 
 CENTKAL OR HIGH SCHOOLS. 
 
 Sec. 20. Eacli township board of education sliall have Establishment 
 
 ^ of, ond classi 
 
 power, as hereinafter provided, to establish in their respective fieation of chil- 
 dren in. 
 townships such number of graded schools, or such modifica- 
 tions of them, as the public may require ; and, in case of the 
 establishment of such graded schools, it shall be the duty of 
 the board so to classify the children of the township as to 
 secure to all, as far as practicable, an equitable participation 
 in the advantages thereof; and the board shall designate the 
 sub-districts by numbering them, and schools of a higher 
 grade than primary, shall be known by the appellation of 
 central or high schools. 
 
 Sec. 21. "Whenever, in the opinion of the board of educa- Vote to be ta- 
 tion, it shall become necessary or desirable to provide one or lishing such 
 more such central or high schools in their respective town- ^^ ^ ^" 
 ships, the said board shall estimate the probable cost thereof, 
 and call a special meeting of the qualified voters of the town- 
 ship and who are not residents of any of the territory or dis- 
 tricts named in the first section of this act, over which the 
 jurisdiction of the township and local directors is excluded, at 
 the usual place of holding elections, first giving twenty days' Twenty days' 
 
 notice to be 
 notice of the time and object of holding such meeting, by given. 
 
 posting the same in some public place in each of the several 
 sub-districts of the township, in which notice the amount or 
 rate of tax as estimated by the board shall be stated, and the 
 electors, when convened in pursuance of such notice, shall 
 decide by vote, any questions which may be deemed impor- 
 tant in relation to the cost and location of the building or 
 buildings, or other provisions necessary for the establishment 
 of any such school, and also the amount of town^ip tax 
 
 which may be levied for the purpose ; and the chairman and Officers of 
 "^ i J. ' meeting. 
 
 clerk of the board shall be the chairman and clerk of the 
 meeting, and the clerk shall record in the records of the 
 board the action of the meeting, and the board shall be gov- 
 erned by the direction and vote of said meeting in relation to 
 the subjects or matters so submitted.
 
 16 
 
 ANNUAL ESTIMATES TO BE CERTIFIED BY THE BOARD. 
 
 Sec, 22.* It sliall be tlie duty of tlie board of education 
 of any organized township of the state, annually to determine, 
 by estimate, as nearly as practicable, tlie entire amount of 
 money necessary to be expended in the townsliip for purchas- 
 ing school-bouse sites, for erecting, furnishing, and repairing 
 , school-houses, for providing fuel, and for any other school 
 
 purpose other than the payment of teachers, not exceeding 
 two mills on the dollar of the taxable property of the town- 
 ship : Provided, that if, in the opinion of the township board, 
 a greater tax shall be necessary for said purposes during any 
 year, the board shall call a special meeting of the quahfied 
 voters of the school district over which they have jurisdiction, 
 which meeting shall be called and held in the manner pre- 
 scribed in the preceding section, and shall decide by vote the 
 question whether such greater tax or any other greater tax for 
 said purposes than two mills on the dollar shall be raised. It 
 shall also be the duty of the board to estimate such additional 
 amount as they may think necessary, not exceeding two mills 
 on the dollar of the taxable property of the township, for the 
 exclusive purpose of sustaining teachers in the central or high 
 schools, or for the purpose of prolonging, after the state funds 
 have been exhausted, the terms of the several sub-districts or 
 primary schools in the township, or for both purposes, as the 
 board may adjudge best ; these several amounts of money so 
 estimated or decided upon, the board shall make known by 
 certificate in writing, on or before the first Monday in June in 
 such year, including any tax which may have been voted by 
 a special meeting of electors, as provided in the preceding 
 Auditor to as- Section, to the auditor of the proper county, who shall there- 
 sess the esti- ^ q^^ assess the entire amount of such estimates on all the 
 
 mates on the i 
 
 taxable prop- taxable propertv of the township not included in any city or 
 
 erty of town- i i j j- p • 
 
 ship. incorporated village, or territory annexed thereto forming any 
 
 special district, to be entered by said auditor on the tax 
 
 duplicate of the county, and collected by the county treasurer 
 
 * As amencled April 17, 1857.
 
 17 
 
 at the same time, and in tlie same manner, as state and county 
 
 taxes are collected ; and when collected, shall be paid over to Funds to be 
 
 , , „ , paid to town- 
 
 the treasurer of the proper township, on the order ot the ship treasurer, 
 county auditor ; and said county treasurer shall be entitled to ^^l^ ^^^ *^° ' 
 receive for collections one per cent, on all moneys by him 
 collected for school purposes, and no more. 
 
 Sec. 23.""'' The township board of education shall have when tax to 
 
 . .... T . • -i J. ^s assessed on 
 
 power, when, m their opinion, justice and equity require it, to property in 
 estimate separately the cost of purchasing a school-house site, purchase'sites 
 and erecting or repairing a school-house thereon, in any par- Joug,';"^'""^' 
 ticular sub-district of the township wherein the inhabitants 
 have not heretofore borne a reasonable share of the burden of 
 taxation for such purpose in comparison with other sub-districts 
 in the township, and certify such portion as they may deem 
 just and equitable of the amount of such estimate, to the 
 county auditor of the proper county, together with a map of 
 the lands and names of the tax-payers in any such sub-district : 
 which amount, so certified, shall be assessed by the auditor on 
 the property therein subject to taxation, and placed on the 
 county duplicate specially, and be collected and paid over in 
 the same manner as other school taxes, and be applied for the 
 specific purpose of providing a school-house in such sub-district: 
 Provided, that such tax shall not be levied in any sub-district 
 wherein the same has been heretofore levied, nor in any case- 
 shall it be assessed more than once in the same sub-district: 
 and further provided, that such tax shall not be assessed: in 
 any sub-district which may be hereafter created, unless the 
 said sub-district shall be composed in whole of territory upon 
 which such tax has not heretofore been levied. 
 
 DISBURSEMENT OF SCHOOL FUNDS. 
 
 Sec. 24:.t All school funds which may come into the Funds to be 
 hands of the township treasurer, from whatever source, shall jer oT clerk, 
 be paid out only on the order of the clerk of the board of ^J^^P* *''''^^" 
 education, under the direction of the board; except, in paying 
 
 * As amended April 12, 1853. 
 t As amended April 17, 1857. 
 
 2
 
 18 
 
 How teachers teacliers for their services, tlie said clerk may, on sucli teachers 
 
 paid. ... 
 
 presenting tlieir certificates of qualification, and depositing 
 
 with, the clerk true copies thereof, draw the requisite orders 
 on the treasurer for such amount as may have been certified 
 to be due by any two of the local directors of the proper sub- 
 Disbursement district in which the teacher was employed ; and so much of 
 the school moneys coming into the hands of the treasurer as 
 may be derived from the state tax or from any township tax 
 levied for the continuation of schools after the state fund has 
 been exhausted, or from such school funds as arise from the 
 sale or rents of section sixteen, or other school lands, shall be 
 applicable only to the payment of teachers in the proper 
 township, and shall be drawn for no other purpose whatever ; 
 and all school funds made applicable to the payment of 
 teachers only, shall be distributed to the several sub-districts, 
 and fractional parts thereof, in the township, in proportion to 
 the enumeration of scholars, with the exception of so mach of 
 the township tax as may have been levied and reserved by 
 the board for sustaining teachers in the central or high schools, 
 and with the further exception of so much of said township 
 tax as may be necessary for prolonging the schools the 
 required length of time in those sub-districts which contain 
 comparatively a small number of resident youth of school age, 
 and which, owing to sparseness of j)op^^lf^tion, or other 
 unavoidable obstacles, cannot be enlarged without serious 
 inconvenience to the inhabitants ; and such school funds as 
 arise from the sale or rents of section sixteen, or other lands 
 ki lieu thereof, shall be distributed to the localities to which 
 such funds belong. All other school funds of the township 
 not raised for the central or high schools nor made applicable 
 to the payment of teachers aforesaid, shall be applied, under 
 the direction of the board, in procuring school-house sites, 
 building, furnishing and repairing school-houses, providing 
 fuel, and in making such other provisions for schools in the 
 sub-districts of the proper township, as may in the opinion of 
 the board be necessary ; and the board of education of each
 
 19 
 
 township, city, or village, shall make the necessary provisions To provide for 
 
 for continuing the schools in operation in their respective school ia et.zh 
 
 . , sub- district. 
 
 townships, or separate school districts, for at least six months 
 in each year. 
 
 DIVISION" OF DUTIES, AND LIABILITY OF CLERK. 
 
 Sec. 25. The clerk of the board of education, or any one Duties of 
 
 clerk 6tG. 
 
 or more of the board designated for that purpose, or the 
 acting manager of schools of the township, may do and perform 
 all such duties and services connected with the interests of 
 schools, as the board may direct, and report the same to the board 
 for their action and approval ; and it shall be the duty of the 
 clerk of the board to keep a full record thereof, in connection 
 with the records of the other official proceedings of the board; 
 and, in case of failure to keep such record, or other records 
 required by this act, the clerk of the board shall be liable in a 
 civil action for all loss or damages that may ensue to any 
 person or persons, or to the school district, in the name of such 
 person or persons, or board of school directors, as the case 
 may be, and shall, moreover, be liable, on complaint filed in 
 the name of the state of Ohio, before any justice of the peace, 
 or other court having jurisdiction, to a fine, not exceeding one 
 hundred dollars, which, when collected, shall be paid over to 
 the treasurer of the proper township, for the benefit of schools. 
 
 SETTLEMENT WITH TREASURER. 
 
 Sec. 26. It shall be the duty of the board of education to ^"d to settle 
 make settlement with the township treasurer at their regular treasurer, 
 session in April, annually ; but if, for want of time, or other 
 reason, a settlement can not be made at said session, then it 
 shall be the duty of the board to appoint a committee com- 
 posed of one or more of their own members, to make such 
 settlement as soon as practicable, and report the result to the 
 clerk of the board, who shall record an abstract thereof in the 
 records of the board.
 
 20 
 
 TREASUEER, AND HIS DUTIES. 
 
 Sec. 27. The township treasurer, in each township, shall 
 Duties of town- ^e the treasurer of all school funds for school purposes, belong- 
 ren to^'^give ^^S ^^ ^^^ township, arising from whatever sources; and on 
 dSon' etc!°°" -^^^ election, and before entering upon the duties of his office, 
 he shall give bond, with sufficient security, in double the prob- 
 able amount of money that shall come into his hands, payable 
 to the state of Ohio, to be approved by the trustees of the 
 township, conditioned for the faithful disbursement, according 
 to law, of all such funds as shall, from time to time, come into 
 his hands, and, on the forfeiture of such bond, it shall be the 
 duty of the township clerk to prosecute and collect the same 
 for the use of the schools in the township ; if such township 
 When town- clerk shall neglect or refuse to so prosecute, then any freeholder 
 
 saip clerks to ° x j j 
 
 prosecute. may cause such prosecution to be instituted. 
 
 Sec. 28. Before the county auditor shall issue to the town- 
 ship treasurer any order on the county treasurer for the pay- 
 be^^furn^shed "™^^* ^^ ^^J school funds belonging to the township, such 
 auditor. township treasurer shall furnish the auditor with a certificate 
 
 from the township clerk, that such treasurer has executed and 
 filed with him a bond, as provided for in the foregoing section, 
 and also stating the amount of said bond; and the auditor 
 shall in no case permit the township treasurer to have in his 
 hands, at any one time, an amount of school funds over one- 
 half the amount of the penalty in such bond; and the town- 
 ship trustees shall allow the township treasurer a compensa- 
 tion equal to one per cent, on all school funds disbursed by 
 him, to be paid on the order of the trustees, out of the town- 
 ship treasury. 
 
 Sec. 29. The township treasurer shall, annually, between 
 the first and 20th of February, settle with the county auditor, 
 
 Settlement of -, . . 
 
 auditor and '"^^a account to him ±or all moneys received, from whom and 
 
 on what account, and the amount paid out for school purposes 
 
 in his township ; the auditor shall examine the vouchers for 
 
 such payments, and, if satisfied with the' correctness thereof, 
 
 Auditor's cer- shall certify the same, which certificate shall be prima facie a 
 tifieate. t i r , . -^ -^ 
 
 discharge ot such treasurer; and at the expiration of his term
 
 21 
 
 of service, said treasurer sliall deliver over to his successor in Treasurer to 
 
 deliver over 
 
 office, all books and papers, with all moneys, or other prop- books, paperi, 
 
 ©tc 
 erty, in his hands, belonging to said township, or the schools 
 
 therein, and also all orders he may have redeemed since his 
 
 last annual settlement with the county auditor, and take the 
 
 receipt of his successor therefor, which he shall deposit with „ , 
 
 the township clerk within ten days thereafter ; and for making c^ipt. etc, 
 
 such annual settlement, he shall be entitled to receive the sum 
 
 of one dollar, to be paid out of the county treasury, on the 
 
 order of the county auditor. 
 
 Sec. 80. In case the township treasurer shall fail to make 
 
 . , . Penalty 
 
 such annual settlement within the time as prescribed in the against town- 
 ship treasu- 
 preceding section, he shall be liable to pay a fine of fifty dol- rer, 
 
 lars, to be recovered in a civil action in the name of the state 
 of Ohio, and when collected, to be applied to the use of com- 
 mon schools in the proper township ; and it is hereby made 
 the duty of the county auditor to proceed forthwith, in case of 
 such failure, by suit, against such treasurer, before any justice 
 of the peace of his county, to recover the penalty aforesaid; 
 but when it shall appear, on trial, to the satisfaction of said 
 justice, that said treasurer was prevented from making such 
 settlement within the time prescribed, by sickness, or unavoid- 
 able absence from home, and that such settlement has since 
 been actually made, it shall be lawful for the justice to dis- 
 charge such treasurer on the payment of costs. 
 
 SCHOOLS FOR COLORED CHILDREN. 
 
 Sec, 81. The township boards of education in this state, 
 
 in their respective townships, and the several other boards of Schools for 
 ^ ^ colored ehil- 
 
 education, and the trustees, visitors, and directors of schools, dren. 
 
 or other officers having authority in the premises, of each city 
 or incorporated village, shall be, and they are hereby author- 
 ized and required to establish within their respective jurisdic- 
 tions, one or more separate schools for colored children, when 
 the whole number, by enumeration, exceeds thirty, so as to 
 afiord them, as far as practicable under all the circumstances, 
 the advantages and privileges of a common school education;
 
 22 '! 
 
 and all sucli schools, so established for colored children, shall 
 be under the control and management of the board of educa- 
 tion, or other school officers who have in charge the educa- 
 tional interests of the other schools; but in case the average 
 number of colored children in attendance shall be less than 
 fifteen for any one month, it shall be the duty of said board 
 of education, or other school officers, to discontinue said school 
 or schools, for any period not exeeding six months at any one 
 time ; and if the number of colored children shall be less 
 than fifteen, the directors shall reserve the money raised on 
 the number of said colored children, and the money so re- 
 served shall be appropriated for the education of such colored 
 children, under the direction of the township board. 
 
 CITIES AND VILLAGES. 
 
 Sec. 82. Each city or incorporated village, including the 
 
 What cities ^erritorv annexed to the same for school purposes, not other- 
 ana villages "^ 
 are school dis- ^[qq specially regulated by charter, or governed as to schools 
 
 tx'.cta. r J 1 • n 1 • 
 
 by laws as specified ^in the sixty -seventh section of this act, 
 and which, with the territory annexed, contains not less than 
 three hundred inhabitants, shall be, and hereby is created a 
 separate school district ; and the quahfied voters of such city 
 or village, with the territory annexed, shall, at the same time, 
 and in the same manner, that local directors of the sub-dis- 
 tricts of the township are elected by the provisions of this act, 
 proceed to elect three persons who shall constitute a board of 
 education for such city or village, with the territory so annex- 
 ed, and such board shall have the same powers, perform the 
 same duties, and be subject to the same penalties as township 
 boards of education : provided, that by agreement between 
 the board of education of the township in which such city or 
 village, with the territory annexed, may be situated, and the 
 board of education of such city or village, transfers of terri- 
 tory not within the limits of such corporation, may be made 
 to or from the districts provided for in this section. 
 Power of board Sec. 83. That said board of education, in any city or m- 
 towni*^^^ '^^^ corporated village, shall be authorized, when they think it
 
 23 
 
 advisable, to divide such city or village into sub-districts; and 
 they may estabhsh schools of different grades, and ordain 
 such rules and regulations for the government and discipline of 
 such schools as they may think conducive to the public good; 
 and it shall be lawful for the township board of education, in 
 any township in which such city or incorporated village is 
 situate, by and with the consent of the board of education of 
 any such city or incorporated village, to transfer thereto for 
 educational purposes the scholars of such parts of their re- 
 spective townships as lie adjacent thereto, and all such trans- 
 fers shall be controlled, and such schools supported in the 
 same manner, and on the same principles, as in case of like 
 transfers for the convenience of schools where two or more 
 townships adjoin, as provided in this act. 
 
 Sec. 34. In all such cities or incorporated villages, the Clerk ;of the 
 clerk or recorder of such incorporated body shall be the clerk duties, 
 of the board of education, and he shall do and perform all 
 the duties required of the clerk of a township board of educa- 
 tion, and such other duties as the board of education may, 
 from time to time, prescribe ; and all orders of the board of 
 education for the jDayment of money shall be countersigned 
 by the clerk or recorder of said corporation, and it shall be the 
 duty of the treasurer of any such city or incorporated village, Duty of treas- 
 
 . urer of city or 
 
 to receive and disburse the school funds of any such city or town. 
 
 village, in the same manner as is required of the township 
 
 treasurers in their respective townships, and for his services | 
 
 shall be entitled to the same compensation : Provided, that 
 
 the board of education shall require the treasurer to enter into 
 
 a bond, as required of township treasurers, and that the said To give bond. 
 
 treasurer shall furnish the auditor a certificate from the 
 
 clerk or recorder of such city or incorporated village, that * 
 
 such treasurer has executed and deposited such bond, stating Clerk or re- 
 corder's re- 
 als© the amount, as is required of township treasurers in simi- ceipt. 
 
 lar cases. 
 
 Sec. 35. The board of education of any city or incorpora- Further pow- 
 
 era of the board 
 ted village, shall have, and may exercise all the powers which 
 
 are by this act conferred upon the township boards of educa-
 
 24 
 
 tion, and shall do and perform tlie like duties, in all respects, 
 so far as applicable, and tlie school funds shall be divided 
 among the sub-districts, so as to make the distribution as 
 nearly equitable as possible. All taxes for building, purchas- 
 ing, repairing, or furnishing school-houses and lots, shall be 
 equally assessed on all the property subject to taxation in 
 such city or incorporated village, and the board of education, 
 in expending the same, shall make the necessary provisions 
 for the sub-districts. 
 Evening Sec. 36. In any district or sub-district, composed, in whole 
 
 or in part, of any city or incorporated village, the board of 
 education may, at their discretion, provide a suitable number 
 of evening schools, for the instruction of such youth over 
 twelve years of age as are prevented, by their daily avocation, 
 from attending day schools, subject to such regulations as said 
 board, from time to time, may adopt for the government 
 thereof. 
 
 APPORTIONMENT OF SCHOOL FUNDS. 
 
 State auditor Sec. 37. The auditor of state shall, annually, apportion 
 
 to apportion , , i i-rv 
 
 funds and cer- the Common school lunds among the dinerent counties, upon 
 iiie^t.^^^^ '°^' ^^6 enumeration and returns made to him by the state com- 
 missioner of common schools, and certify the amount so 
 apportioned to the county auditor of each county, stating from 
 what sources the same is derived, which said sum the several 
 county treasurers shall retain in their respective treasuries 
 from the state funds ; and the county auditors shall, annually, 
 and immediately after their annual settlement with the county 
 treasurer, apportion the school funds for their respective coun- 
 ties, according to the'enumeration and returns in their respec- 
 4 tive of&ces ; and no township, or other district, city, or village, 
 
 which shall have failed to make and return such enumeration, 
 shall be entitled to receive any portion of the common school 
 
 County audi- funds. And, in making such distribution, each county audi- 
 tor to make ap- . . 
 portionmentin tor shall apportion all moneys collected on the tax duplicate 
 
 county and ^ • n 
 
 how. of any township, for the use of schools, to such township ; all 
 
 moneys received from the state treasury, on account of interest
 
 25 
 
 on the money accruing from tlie sale of section sixteen, or 
 other lands in lieu thereof, to the civil townships and parts of 
 civil townships in the original surveyed township, or fractional 
 township, to which such land belongs ; all moneys received by 
 the county treasurer on account of the Virginia Mihtary 
 school fund, United States Military District, and Connecticut 
 Western Eeserve, according to laws regulating the same ; and 
 all other moneys for the use of schools in the county, and not 
 otherwise appropriated by law, to the proper township ; and 
 he shall, immediately after making said apportionment, enter 
 the same into a book, to be kept for that purpose, and shall 
 furnish the township treasurers and township clerks, treasurers, 
 and recorders of incorporated cities or villages, as the case may 
 be, each with a copy of said apportionment, and give an order 
 on the county treasurer to each township treasurer, or to such 
 treasurer as may be entitled to receive the same, for the 
 amount of money belonging to his respective township, city, 
 or village, and take a receipt from such, treasurer for the 
 amount thus received ; and the said county auditor shall col- 
 lect, or cause to be collected, the fines, and all other moneys 
 for school purposes, in his county, and pay the same over to 
 the county treasurer; and he shall inspect all accounts of 
 interest for section sixteen, or other school lands, whether the 
 interest is paid by the state or by the debtors, and take all the 
 proper measures to secure to each township its fall amount of 
 school funds. 
 
 Sec. 88. "When any original surveyed township in which Where part of 
 
 section sixteen 
 
 section sixteen has been sold, shall lie in two or more counties, lies in two 
 the auditors of the respective counties shall certify to the 
 auditor of the county in which that portion of said township 
 lies containing said section sixteen, the enumeration of the 
 scholars in that part of said township embraced within their 
 respective counties ; and the auditor of said county in which 
 said section sixteen is situate shall apportion the fund derived 
 from said section sixteen, to the different portions of said 
 township according to said enumeration, and shall certify to 
 the auditors of the other counties the amount belonging to the
 
 26 
 
 parts of said townsMp situate in tlieir respective counties, and 
 draw an order in favor of the treasurers of the other counties 
 on the treasurer of his own county for the amount going to 
 each ; and the auditors of the respective counties shall appor- 
 tion the same, in their respective counties, to such portions or 
 parts thereof as may be entitled thereto, 
 section. °^ ^^^- ^^- '^^^ interest on the purchase of any such section 
 
 sixteen belonging to any such original surveyed township, so 
 as aforesaid lying in two or more counties, shall be paid over 
 on the order of the auditor of that county in which such sec- 
 tion sixteen is embraced, to the treasurer of the same county, 
 to be apportioned as is pointed out in the preceding section. 
 
 KETURN OF ABSTRACT TO STATE COMMISSIONER. 
 
 Duty of county Sec. 40,* The auditor of each and every county shall, on 
 
 returnl to state ^r before the fifth day of November, annually, make out and 
 
 commissioner, traj^gjj^it to the commissioner of common schools, at Columbus, 
 
 an abstract of all the returns of school statistics made to him 
 
 from the several townships in his county, according to the 
 
 form that may be prescribed by the state commissioner ; and 
 
 he shall cause to be distributed all such circulars, blanks and 
 
 other papers, including school laws and documents, in the 
 
 several townships in the county, as said commissioner shall 
 
 lawfully require ; in case the county auditor shall fail, from 
 
 against county any cause, to make return of the abstract as aforesaid, it shall 
 
 auditor. 
 
 be the duty oi the county commissioners to deduct for every 
 
 such failure, from the annual salary or allowance made to the 
 
 auditor for his services, the sum of fifty dollars. 
 
 Compensation" Sec. 41. The county commissioners of each county in this 
 
 itor. s^^te shall make the same allowance to the county auditors, 
 
 out of their respective county treasuries, for services performed 
 
 and expenses incurred under this act, as is allowed for other 
 
 services of like nature. 
 
 Liability of Sec. 42. The township clerks and county auditors shall 
 
 the clerk and _ '■ "^ 
 
 county auditor bc responsible for all losses sustained by any township or 
 county, by reason of any failure on their respective parts to 
 
 * As amended April 17, 1857.
 
 27 
 
 make and return the enumerations and abstracts thereof as 
 herein provided, and shall each be liable for the same, in a 
 civil action, at the suit of the state of Ohio ; and the amounts 
 so recovered shall be apportioned, in the same manner as the 
 school funds would have been, to the respective counties or 
 townships, as the case may be. 
 
 SCHOOL-HOUSES EXEMPT FKOM SALE ON EXECUTION. 
 
 Sec. 43. Each and every lot or parcel of land which here- What school 
 tofore has been, or hereafter shall be appropriated for the use empt from ex- 
 of common schools in this state, on which there has been or 
 shall be a school-house erected, and which has been or shall 
 be occupied for the purpose of accommodating a common 
 school of whatever grade, in the usual manner, from time to 
 time, howsoever or by whomsoever the legal title to the same 
 may be held and vested, shall be and the same is hereby 
 exempted from sale, on any execiition, or other writ, or order 
 in the nature of an execution : Provided, that the lot of land 
 so exempted, shall not exceed four acres, and if there be any 
 excess, that portion most convenient for school purposes shall 
 remain exempt as aforesaid, to be determined by the proper 
 school directors, or other ofiicers having charge of schools. 
 
 appointment of school EXAMINEES, AND THEIR DUTIES. 
 
 Sec. 44. It shall be the duty of the probate judge, in the Probate judge 
 several counties of this state, as soon after the election of board of ex- 
 school ofiicers under the provisions of this act as practicable, ^^^^ 
 to appoint a county board of school examiners, to consist of 
 three competent persons, resident in the county, who shall 
 hold their of&ce for the term of two years, and until their 
 successors are appointed; and all vacancies in said board 
 which may thereafter occur, whether from expiration of the 
 term of office, refusal to serve, or otherwise, shall be filled by 
 lil<:e appointment by said judge. 
 
 Sec. 45. It shall be the duty of the examiners to fix upon Powers and 
 the time of holding meetings for the examination of teachers, board, 
 in such places in their respective counties as will, in their
 
 28 
 
 Notice of 
 meetings. 
 
 To grant certi 
 ficates to 
 teachers. 
 
 May revoke 
 the same. 
 
 Clerk of 
 board. 
 
 Rules of 
 board; their 
 fees. 
 
 Stationery. 
 
 opinion, best accommodate the greatest number of candidates 
 for examination; notice of all sucb. meetings baving been 
 pnblisbed in some newspaper of general circulation in tbeir 
 respective counties ; and at sucb meetings, any two of said 
 board shall be competent to examine applicants and grant 
 certificates ; but no fee or charge shall be made for a certificate. 
 No certificate of qualification shall be valid in any county 
 except that in which the examination took place, nor for a 
 longer period than two years, and if at any time the recipient 
 of the certificate shall be found incompetent or negligent, the 
 examiners, or any two of them, may revoke the same, and 
 require such teachers to be dismissed ; but such teachers shall 
 be entitled to receive payment for services only up to the time 
 of such dismissal; and no person shall be employed as a 
 teacher in any primary common school, unless such person 
 shall have first obtained from said examiners, or any two of 
 them, a certificate of good moral character, and that he or she 
 is qualified to teach orthography, reading, writing, arithmetic, 
 geography, and English grammar ; and, in case such person 
 intends to teach in any common school of higher grade, he or 
 she shall first obtain a certificate of the requisite cjualifications 
 in addition to the branches aforesaid. 
 
 Sec. 46. The said board of examiners shall appoint one of 
 their number to serve as clerk, who shall keep a record of 
 their proceedings, noting the number and date of each certifi- 
 cate given, to whom, for what term of time, and for what 
 branches of studies ; and the said board may make all needful 
 rules and regulations for the proper discharge of their duties. 
 The members of the board shall be entitled to receive each 
 one dollar and fifty cents for every day necessarily engaged in 
 official service, to be paid out of the county treasury, on the 
 order of the county auditor, exclusive of blank books and 
 stationery, which the county auditor shall furnish; and the 
 county auditor may require the accounts, when j)resented, to 
 be substantiated on oath, which said officer may administer 
 and file in his office.
 
 com 
 nnssioner 
 
 29 
 
 STATE com:missioner. 
 
 Sec. 47. There shall be elected by the qualified electors when 
 of this state, at the next annual election for state and county "iecteT*^ 
 officers, and every three years thereafter, a state commissioner 
 of common schools, who shall hold his office for the term of Term of office, 
 three years, and until his successor is elected and qualified. 
 The election of said commissioner, and the returns thereof, 
 shall be the same, in all respects, as is provided for the election 
 of judges of the supreme court ; and in case a vacancy shall Vacancy, how- 
 happen in said office by death, resignation, or otherwise, the 
 governor shall fill the same by appointment, for the unexpired 
 term. 
 
 Sec. 48. Before entering upon the discharge of his official His official 
 duties, the said commissioner shall give bond, in the penal °° 
 sum of ten thousand dollars, to the state of Ohio, with two or 
 more sureties, to the acceptance of the secretary of state, con- 
 ditioned that he will truly account for and apply all moneys, 
 or other property, which may come into his hands in his 
 official capacity, for the use and benefit of common schools, 
 and that he will faithfully perform the duties enjoined upon 
 him according to law ; and he shall also take and subscribe an and oath, 
 oath or affirmation to support the constitution of the United 
 States and of the state of Ohio, and diligently and faithfully 
 to discharge the duties of his office, as prescribed b}' law, 
 which bond, with the certificate of his oath indorsed thereon, 
 shall be filed with the treasurer of state. 
 
 Sec. 49. The books and papers of his department shall be office etc a*- 
 kept at the seat of government, where a suitable office shall ^^^t^fgov- 
 
 ^ ° ' ernment. 
 
 be furnished by the state, at which he shall give attendance 
 
 when not absent on public business ; and the state librarian 
 
 shall, in addition to the duties of his office, discharge the 
 
 duties of secretary to the commissioner of common schools, ^is secretarv 
 
 under his direction. 
 
 Sec. 50. It shall be the duty of the commissioner to spend, jj- j t' 
 annuall}^, on an average, at least ten days in each judicial jisiting the 
 district of the state, superintending and encouraging teachers' ^i^l districts.
 
 30 
 
 institutes, conferring with townsliip boards of education, or 
 
 other school oi3B.cers, counseling teachers, visiting schools, and 
 
 delivering lectures on topics calculated to subserve the interests 
 
 of popular education. 
 
 And in pur- Sec. 51. As soon as the revenues, to be raised as herein- 
 chasing books f, • T T o x^ n n • 1 ■ i 
 
 and apparatus, alter provided, tor the purpose of furnishing the schools with 
 libraries and apparatus, will admit, it shall be the duty of the 
 said commissioner, to purchase the same, and the books and 
 apparatus so purchased shall be distributed through the audi- 
 tor's office of each county to the board of education in each 
 township, city, or incorporated village, according to the 
 enumeration of scholars. 
 
 His supervis- Sec. 52. He shall also exercise such supervision over the 
 
 ion over school , ^ 
 
 funds. educational funds of the state as may be necessary to secure 
 
 their safety, and right application, and distribution according 
 
 May require to law. He shall have power to require of county auditors, 
 
 reports from 
 
 certain officers township boards of education, or other local school officers, 
 clerks and treasurers of townships, county treasurers and 
 clerks, recorders and treasurers of cities and villages, 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 may deem important. 
 
 To prepare Sec. 53. He shall prescribe suitable forms and regulations 
 
 iorms etc 
 
 for making all reports and conducting all necessary proceed- 
 ings under this act, and shall cause the same, with such 
 instructions as he shall deem necessary and proper for the 
 organization and government of schools, to be transmitted to 
 the local school officers, who shall be governed in accordance 
 therewith. 
 Duties as to ;; Sec. 54. He shall cause as many copies of the laws rela- 
 
 distribution of . 
 
 school laws, tmg 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 distrib- 
 uted to each county with the laws, journals, and other docu- 
 ments for the use of the school officers therein, as often after 
 the first distribution as any change in said laws may be made,
 
 31 
 
 of sufficient importance, in the opinion of the commissioner, to 
 
 require a republication and distribution thereof. 
 
 His annual re- 
 ANNUAL REPORT. port. 
 
 Sec. 00. It shall be the duty of said commissioner of com- 
 mon schools to make a^n annual report, on or before the ttcentieih 
 <lay of November^ in eojcli and every year* to the general assem- 
 bly, when the body shall be in session any such year ; and 
 when not in session in any one year, then the report shall be 
 made to the governor, who shall cause the same to be pub- 
 lished, and shall also communicate a copy thereof to the next 
 general assembly. 
 
 Sec. 56. The state commissioner, in the annual report of what it shall 
 his labors and observations, 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 com- 
 mon schools in the State, the number of scholars attending 
 such schools, their sex, and the branches taught ; a statement 
 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 num- 
 ber of teachers attending them ; a statement of the estimates 
 and accounts of the expenditures of the public school funds of 
 every description ; a statement of plans for the management 
 and improvement of common schools, and such other informa- 
 tion relative to the educational interests of the state as he may 
 think of importance. 
 
 Sec. 57. The said commissioner shall be entitled to receive Salary of com- 
 for his services the sum of fifteen hundred dollars annuallv, 
 payable quarterly, out of the state treasury, on the warrant of 
 the auditor of state. 
 
 school libraries. 
 
 Sec. 58. For the purpose of furnishing school libraries and One-tenth of a 
 
 -,-,.■, 11-1 -, niill to' be as- 
 
 apparatus, to all the common schools m the state, and for the sessed for 
 
 _^ ^ libraries. 
 
 *As amended April 8, 1856.
 
 32 
 
 further purpose of sustaining and increasing such libraries, 
 and keeping up a supply of school apparatus in the schools, 
 as aforesaid, from time to time, as may be considered neces- 
 sary, in order to afford equal facilities to the said schools in 
 this respect, as nearly as practicable, there shall hereafter be 
 assessed, collected, and paid annually, in the same manner as 
 the state and county revenues are assessed, collected and paid 
 on the grand list of property taxable for state purposes, a state 
 tax of one -tenth of one mill on the dollar valuation, to be 
 applied exclusively for the purposes aforesaid, and the attend- 
 ant expenses, under the direction of the commissioner of com- 
 mon schools. In purchasing the libraries for the common 
 schools, no books of sectarian or denominational character 
 shall be purchased for said libraries. 
 Which is to be Sec. 59. The amount of said tax, when collected, shall be 
 treasurer. ^ '^ ^ V^^^ O'^^sr by the county treasurers to the state treasurer, at 
 the time of making their annual settlement, and shall be j^aid 
 out by that officer for the purposes aforesaid, upon the warrant 
 of the state auditor. 
 
 Distriijution of ^^'^- ^^- ^^ ^^^^^ ^® *^° ^^^^7 ^^ ^^® county auditor, when 
 riamtus^^*^ "P" the said libraries or apparatus shall be received, to distribute 
 the same to the clerks of the township boards of education, 
 or other local school of&cers, in their respective counties, hav- 
 ing in charge the interests of common schools ; and the books 
 and apparatus so furnished, shall be deemed the jDroperty of 
 said several boards, or local school officers, to whom the same 
 may have been delivered, and shall not be subject to execu- 
 tion, sale or alienation, for any cause whatever. 
 
 Sec. 61. The local boards of education, or other school 
 able for same, officers having charge of common schools shall be held ac- 
 countable for the preservation of said libraries and apparatus ; 
 and they shall have power to prescribe the time of taking and 
 the periods of returning the books belonging to the libraries 
 and also to assess and collect the damages which may be done 
 to the books by persons entitled to their use; and also to pro- 
 vide for the safe keeping of the school apparatus.
 
 33 
 
 Sec. 62. It shall be the duty of the local school boards, Who to ap- 
 or other school officers having charge of schools, to appoint l^^^ 
 the librarians and determine the places where the libraries 
 shall be deposited, selecting such central points as will best • 
 accommodate the schools and families of the districts or sub- 
 districts, as hereinafter provided ; and every family in each 
 district or sub-district shall be entitled to the use of one volume 
 at a time from the school library, although no member of such i^ie^to books'. 
 family attends any of the schools of the township ; and the 
 library shall be open, under the inspection of the librarian, at 
 stated periods throughout the year, to be prescribed by the 
 board of education, or other proper school officers, without 
 regard to the sessions of the schools. 
 
 STATE SCHOOL FUND. 
 
 Sec. 63.* For the purpose of affording the advantages of oneandahaif 
 a free education to all the youth of this state, the state com- ^^^l^. °^ ^^l 
 mon school fund shall hereafter consist of such sum as will be asseasad for 
 
 school purpo- 
 
 produced bv the annual levy and assessment of one and a half f^^> ^^^ , c?^- 
 
 i- -J -^ lected and dis- 
 
 mill upon the dollar valuation, on the grand list of the tax- tributed. 
 
 able property of the state ; and there is hereby levied and 
 
 assessed annually, in addition to the revenues required for 
 
 general purposes, the said one and a half mill upon the dollar 
 
 valuation, as aforesaid; and the amount so levied and assessed, 
 
 shall be collected in the same manner as other state taxes, and 
 
 when collected, shall be annually distributed to the several 
 
 counties of the state, in proportion to the enumeration of 
 
 scholars, and be applied exclusively to the support of common 
 
 schools. 
 
 Sec. 6-i.i- The debts which have heretofore been contract- ^gj^^g ^^ jj^. 
 
 ed by any school district for school purposes, shall be pro- y^jed^for^ '*'^^' 
 
 vided for by the estimate of the proper school boards created 
 
 under the provisions of this act, and actions may be brought 
 
 aorainst such boards to recover the same. 
 
 o 
 
 *A8 amended May 1, 1854. 
 t As amended April 17, 1857.
 
 34 
 
 Procees Sec. 65. The process, in all suits against any township 
 
 against Bchool /v i • i <? 
 
 ofRcere; board of education, or other local officers having charge ol 
 
 any of the public schools under the provisions of this act, 
 ■shall be by summons, and shall be executed by leaving a copy 
 thereof with the clerk or secretary of such board, or other 
 school officers, at least ten days before the return day thereof. 
 And any suit either in favor of or against any such board, or 
 Duty of prose- Other school officers, shall be prosecuted or defended, as the 
 eut^Dg attor- ^^^^ ^^^ ^^^ -^^ ^^^ prosccuting attorney of the proper county, 
 
 as a part of his official duties. 
 Sec. 6Q. The local board of education, or other local offi- 
 
 How schools 
 
 governed un- cers having charge of schools in any city, township or village, 
 
 dcr otliGF Itiws 
 
 may accept in which common schools have been organized under the act 
 for the better regulation of public schools in cities, towns, etc., 
 or under any special act, shall be, and are hereby authorized, 
 whenever they may deem it expedient, to call a meeting of 
 the qu.alified voters of any such city, township or village, on 
 giving thirty days public notice thereof, to determine by vote 
 whether the common schools of such city, township or village, 
 shall be conducted and managed in accordance with the pro- 
 visions of this act; and if a majority of the voters are found 
 to be in favor of the change, then said local board, or other 
 local school officers, shall thereafter proceed, in accordance 
 with the provisions of this act, until their successors shall be 
 elected and qualified ; and such city or village may provide 
 by ordinance for the election or appointment of a board of 
 education, prescribing their number and terms of office ; and 
 such board, when so elected or appointed and qualified, shall, 
 together with the clerk or recorder of such city or village, 
 possess the same powers and discharge the same duties, within 
 the limits of their jurisdiction, as local directors and boards of 
 education in townships. 
 
 Certain acts Sec. 67. This act shall not be so construed as to repeal, 
 
 not repealed t ^ . i -, • • o ? 
 
 by this act. change, or modify m any respect, the several provisions oi the 
 "act for the support and better regulation of common schools 
 in the town of Akron," passed February 8, 1847, and the acts 
 amendatory thereto; or the "act for the better regulation of
 
 85 
 
 schools in cities, towns, etc.," passed February 21, 1849, and 
 the acts amendatory thereto, nor the several acts creating 
 
 . . But Buch acts 
 
 special school districts, or any other special acts m relation affected and 
 to schools, except that it is hereby made the duty of the 
 several boards of education, or other school ofhcers acting 
 under the provisions of any of the acts to which reference has 
 been made in this section, to make similar reports of school 
 statistics annually, as required of school officers by this act ; 
 nor shall it be lawful for any county treasurer to pay over any 
 portion of the school fund to any local treasurer, board of edu- 
 cation, or other school officers of any city, township, or village, 
 organized as to schools either under a general or a special law, 
 except on the order of the auditor of the proper county ; and 
 no such order shall be drawn by the county auditor, unless 
 the local treasurer, clerk, recorder, or secretary of such board, 
 or other school officer, shall first deposit with said auditor 
 annually, an abstract of the enumeration of scholars and 
 other statistics relative to the schools under their charge, as 
 required by tl^is act, of teachers, local directors, and boards of 
 education in townships. 
 
 Sec. 68. The respective township boards of education, Powerofboard 
 and their successors in office, shall have power to take and ^°^^ll^ ^^^^ 
 hold in trust, for the use and benefit of any central or high 
 school, or sub-district school in the township, any grant or 
 devise of land, and any donation or bequest of money or 
 other personal property, to be applied by the board to the 
 maintenance and support of any such school or schools, 
 according to the intention of the grant or donation. 
 
 ACTS KEPEALED. 
 
 Sec. 69. That " an act for the support and better regula- ^^ ^ ..^ 
 tion of common schools, and to create permanently the office tion. 
 of superintendent," passed March seventh, one thousand eight ^^^^ go^ 
 hundred and thirty- eight ; an act to amend an act entitled " an 
 act for the support and better regulation of common schools, 
 and to create permanently the office of superintendent," 
 passed March sixteenth, one thousand eight hundred and 
 thirty-nine ; an " act to abolish the office of superintendent of ^"^*°' ^"^^ 
 
 s: sec-
 
 3G 
 
 common scliools," passed Marcli twentj-tliird, one tliousand 
 
 eight hundred and forty; an act to amend the act entitled 
 Swan, 844. ° *^ ' 
 
 "an act for the support and better regulation of common 
 schools, and to create permanently the ofiice of superintend- 
 ent," of March seventh, one thousand eight hundred and 
 thirty-eight, and the act amendatory thereto, passed March 
 twenty-ninth, one thousand eight hundred and forty-one; 
 Swan 844 ^^ ^*^^ ^° amend the act entitled " an act for the support and 
 better regulation of common schools, and to create perma- 
 nently the office of superintendent," passed March seventh, 
 one thousand eight hundred and forty-two ; an act further to 
 amend the act entitled " an act for the support and better 
 
 regulation of common schools, and to create permanently the 
 
 40 V. Stat. 49. ^ , 
 
 office of superintendent," passed March eleventh, one thous- 
 and eight hundred and forty-three ; an act to amend the act 
 entitled "an act for the support and better regulation of com- 
 mon schools, and to create permanently the office of superin- 
 
 41 V.Stat. 59. ' t J i 
 
 tendent," passed March twelfth, one thousand eight hundred 
 and forty-four; an "act to amend the sixth section of an act 
 for the support and better regulation of common schools, and 
 
 42 V. Stat. 48. to create permanently the office of superintendent," passed 
 
 March twelfth, one thousand eight hundred and forty-five ; an 
 act to amend the act entitled " an act to amend an act for the 
 
 43 V. Stat. 98. support and better regulation of common schools, and to create 
 
 permanently the ofiice of superintendent," passed March 
 twelfth, one thousand eight hundred and forty -five ; " an act 
 43V.Stat. 132. authorizing school directors to establish libraries for the use 
 of common schools," passed February twenty-eighth, one 
 thousand eight hundred and forty-six ; an act to amend an 
 act passed March eleventh, one thousand eight hundred and 
 forty-three, entitled an act further to amend the act entitled 
 " an act for the support and better regulation of common 
 schools, and to create permanently the office of superintend- 
 ent," passed March second, one thousand eight hundred and 
 forty-six; " an act to provide for the appointment of county 
 
 . superintendents of common schools, and defining their duties 
 44V.Stat.114. ^ . . 
 
 in certain counties therein named," passed February eighth,
 
 37 
 
 one thousand eight hundred and forty-seven ; an act further 
 to amend the act entitled " an act to amend an act entitled an 45 V. Stat. 33. 
 act for the support and better regulation of common schools, 
 and to create permanently the office of superintendent," 
 passed February eighth, one thousand eight hundred and 
 forty seven; an act to amend an act entitled "an act for the 45 V. Stat. 2G. 
 support and better regulation of common schools, and to 
 create permanently the office of superintendent," passed 
 March seventh, one thousand eight hundred and thirty-eight, 
 and the acts amendatory thereto, passed February twenty- 
 fourth, one thousand eight hundred and forty-eight; " an act 45 y_ g^^^.^ ^3^ 
 to secure the returns of the statistics of common schools," 
 passed January twenty-first, one thousand eight hundred and 
 fort}^- eight ; an act to provide for the establishment of common 
 schools, for the education of black and mulatto persons, and 
 to amend the act entitled "an act for the support and better "V.46. Stat. 23, 
 regulation of common schools, and to create permanently the 
 office of sui3eriutendent,'' passed March seventh, one thousand 
 eight hundred and thirty-eight, and the acts amendatory 
 thereto, passsd February twenty -fourth, one thousand eight 
 hundred and forty- eight; an act to amend the act entitled 
 "an act for the support and better regulation of common 46 V. Stat. 81. 
 schools, and to create permanently the office of superintend- 
 ent," passed March seventh, one thousand eight hundred and 
 thirty-eight, and the acts amendatory thereto, passed February 
 twenty -fourth, one thousand eight hundred and forty-eight; 
 an act to amend the eighteenth section of the school law of ^g y g|^(. 33 
 March seventh, one thousand eight hundred and thirty-eight, 
 passed February fourteenth, one thousand eight hundred and 
 forty-eight ; "an act to authorize the establishment of separate 40 v. Stat. 5i . 
 schools for the education of colored children, and for other 
 purposes," passed February tenth, one thousand eight hund- 47 V. Stat. 17- 
 red and forty-nine ; an act to amend an act, passed February 
 twenty -fourth, one thousand eight hundred and forty-eight, 
 entitled "an act to amend the act entitled an act for the sup- 
 port and better regulation of common schools, and to create 
 permanently the office of superintendent," passed March
 
 38 
 
 seventli, one thousand eiglit hundred and tliirtj-eiglit ; and 
 tlie acts amendatory thereto, passed Marcli sixth, one thousand 
 eight hundred and forty -nine ; an act to amend an act entitled 
 
 47 V. Stat. 39. '< an act for the support and better regulation of common 
 schools, and to create permanently the office of superintendent," 
 passed March twelfth, one thousand eight hundred and fortj^- 
 
 47 V. Stat. 43. nine ; an act to amend an act entitled " an act for the support 
 and better regulation of common schools, and to create per- 
 manently the office of superintendent," passed March seventh, 
 one thousand eight hundred and thirty-eight, and the acts 
 
 47 V Stat. 52. amendatory thereto, passed March twenty -fourth one thous- 
 
 and eight hundred and forty-nine ; an act in relation to school 
 district tax, providing for the annual school district meetings, 
 
 48 V. Stat. 41. and requiring maps of school districts, passed March seventh, 
 
 one thousand eight hundred and fifty ; an act for the appoint- 
 ment of a state board of public instruction, passed March 
 
 48 V. Stat. 44. ^ 
 
 twenty-second, one thousand eight hundred and fifty ; an act 
 
 supplementary to the act for the appointment of a state board 
 V . Stat. 47. q£ public instruction, passed March twenty-third, one thousand 
 
 49 V.Stat. 27. eight hundred and fifty; an "act providing for school dis- 
 
 tricts, and school district meetings, prescribing the duties of 
 district officers and clerks and treasurers of townships, and 
 increasing the state and county common school funds," passed 
 March twenty-fourth, one thousand eight hundred and fifty- 
 Liabilities in- ^^6 — ^6, and the same are hereby repealed : Provided, that 
 ri^M^ acqS ^^® obligations or liabilities incurred, and the rights acquired 
 ed, not aifect- under the provisions of any of the acts hereby repealed, shall 
 remain, and be in no wise altered or affected, but may be en- 
 forced, as if this act had not been passed ; and the school 
 officers in the several school districts of the state, as now 
 organized, shall hold their respective oflices, and perform their 
 respective duties, until the local directors herein provided for, 
 shall have been elected and qualified. 
 
 JAMES C. JOHNSON, 
 
 Speaker of the House of Representatives. 
 GEORGE REX, 
 President of the Senate^ pro tempore.
 
 39 
 
 SUPPLEMENTAL SECTIONS. 
 (Passed April 17, 1857.) 
 
 Sec. 1. No sub-district composed of the fractional parts joint sub dis- 
 
 - ,,.,.,. . , T tricts not to be 
 
 of two or more townships, wmich is now organized or may be dissolved 
 
 hereafter organized shall be dissolved, changed or altered, ^/consent. 
 
 unless by the concurrent action of the boards of education of 
 
 the several townships which may have territory included in 
 
 such sub-district. In raising and expending money in such 
 
 fractional sub- district, other than for the payment of teachers, 
 
 the ratio shall be the taxable property of the respective parts 
 
 of townships in such sub-districts included. 
 
 Sec. 2. If the directors of any sub-district dismiss any Teacher may 
 
 o • -I ■ ry> • 11 ^^® sub dia- 
 
 teacher for any frivolous or insuflacient reason, such teacher trict. 
 may bring suit against such sub-district, and if, on the trial of 
 the cause, a judgment be obtained against the sub-districts, the 
 directors thereof shall certify to the clerk of the board the 
 sum so found due, and he shall issue an order to the person 
 entitled thereto, upon the township treasurer, to pay the same 
 out of any money in his hands belonging to said sub-district, 
 and applicable to the payment of teachers. In such suits, 
 process may be served on the clerk of the sub-district, and 
 service upon him shall be suf&cient. 
 
 CHAPTER II. 
 
 THE AKEON SCHOOL LAWS. 
 
 An Act for the support and better regulation of Common Schools in the 
 
 town of Akron. 
 
 [Passed Fehruary 8, 1847, XLVI vol. Stat. 105.] 
 
 Sec. 1. Be it enacted hy the General Assemhly of the Slate of gj^ dlrectora 
 Ohio^ That the electors in the town of Akron, in the county ^^J^^^ ^" ^^^^^ 
 of Summit, qualified to vote for members of the town council, 
 shall, at the time and pl^ce of holding the annual election for 
 said members of the town council, in the year one thousand 
 eight hundred and forty -seven, meet and elect six directors of
 
 40 
 
 Board of edu- 
 cation, officers, 
 powers, etc. 
 
 ileetings of 
 the board. 
 
 the common scliool for said town of Akron ; two of wliom 
 shall serve for one year, two for two years, and two for three 
 years ; the order of seniority to be determined by lot, by such 
 directors, after the election, and annually thereafter, at the 
 time and place above specified, there shall, in like manner, 
 be two directors elected, who shall serve for three years, and 
 until their successors are elected and qualified. All vacancies 
 which may occur, shall be filled by the town council. 
 
 Sec. 2. The said directors, within ten days after their first 
 appointment as aforesaid, shall meet and organize, by choosing 
 from their number a president, secretary, and treasurer ; and 
 such treasurer, before he enters on the duties of his said office, 
 shall give bond and security, to be approved by the town 
 council, and filed in the ofS.ce of the mayor of said town, con- 
 ditioned for the faithful disbursement of all moneys that shall 
 come into his hands as such treasurer, which bond shall be 
 made payable to the State of Ohio ; and when such bond shall 
 be forfeited, it shall be the duty of the town council to sue 
 and collect the same, for the use of the common schools in 
 said town ; and the said directors, so organized and qualified, 
 and their successors in office, shall be a body politic and cor- 
 porate in law, by the name of " The Board of Education of 
 the town of Akron," and, as such, and by such name, shall 
 be authorized to receive all moneys accruing to said town, or 
 any part thereof, for the use and benefit of the common schools 
 in said town ; and the said board shall be capable of contract- 
 ing and being contracted with, suing and being sued, pleading 
 and being impleaded, in any court of law or equity in this 
 state ; and shall also be capable of receiving any gift, grant, 
 donation, or devise, made for the use of the common schools 
 in said town ; and said board, by resolution, shall direct the 
 payment of all moneys that shall come into the hands of said 
 treasurer ; and no money shall be paid out of the treasury, 
 except in pursuance of such resolution, and on the written 
 order of the president, countersigned by the secretary. 
 
 Sec. 3. That said board shall hold their meetings at such 
 time and place as they may think proper ; that any four of
 
 41 
 
 said board, sliall constitute a quorum; that special meetings 
 may be called by tlie president, or by any two members of the 
 board, on giving two days' notice of the time and place of 
 holding such meetings ; but at no special meeting, except all 
 the directors be present, shall any resolution in relation to 
 sites for school-houses, or financial resolution, or order be 
 passed, unless the two days' notice, as aforesaid be given, and 
 the subject or subjects to be acted on, be specified in the 
 notice, and a quorum of at least four members be present. 
 
 Sec. 4. That said board of education shall have the entire Shall have 
 
 , , 1 r n 1 1 1 • •! control of cora- 
 
 management and control oi ail the common schools m said men echools, 
 
 town of Akron, and of all the houses, lands, and appurtenan- °"' 
 
 ces already provided and set apart for common school purpo- , 
 
 ses, as well as those hereafter to be provided for the same 
 
 purposes ; and the said town of Akron, from and after the 
 
 first Tuesday in June next, after the passage of this act, shall 
 
 constitute, in law, but one school district; and all moneys 
 
 accruing to said district for school purposes, under any law of 
 
 the state, shall be paid over to the treasurer for said board of 
 
 education. 
 
 Sec. o. It shall be the duty of said board of education, so Number and 
 soon as they may realize sufiicient funds for the purpose, to schools; ad- 
 establish within the bounds of the town corporate of Akron, piis^^et"." ^"' 
 six or more primary schools, to be located in different parts of 
 the town, so as best to accommodate the inhabitants, in Vs^hich 
 the rudiments of an English education shall be taught. It 
 shall be the farther duty of said board to establish a central 
 grammar school in said town, where instruction shall be given 
 in "the various studies and parts of study" not provided for 
 in the primary school, and yet requisite to a respectable 
 English education. To each school in this system there shall 
 be gratuitous admission for the children, wards, and apprenti- 
 ces of all residents of the town corporate of Akron, and such 
 other persons in the immediate vicinity as may own property, 
 charged with a school tax in said town corporate of Akron, 
 with the following restrictions, namely: No pupil shall be 
 admitted to the grammar school who fails to sustain a thor-
 
 42 
 
 ougli examination in the studies of the primary school ; and 
 the teacher shall have power, in either school, with the advice 
 and direction of the board of education, to exclude for miscon- 
 duct, in extreme cases, and to classify the pupils as the best 
 good of the school shall seem to require : Provided, however, 
 that said board of education shall not make any rules which 
 will exclude from said primary schools any scholar who, by 
 the general laws of this state, would be entitled to admission 
 into the common schools, within said town, and said board 
 shall not so appropriate the school fund, which, by the provi- 
 sions of this act, shall come under their control, as to reduce 
 the amount applicable to the support of said primary schools, 
 below the sum to which, under the general laws of this state, 
 the common schools within said town would be entitled. 
 Power of Sec. 6. The SEiid board of education shall have power to 
 
 board. 
 
 make and enforce all necessary rules and regulations for the 
 
 government of teachers and pupils in said schools, to employ 
 teachers, male and female, and pay them a suitable compensa- 
 tion, to purchase all necessary books and apparatus, to select 
 sites for school-houses, and superintend the building of the 
 same upon their own plan, and to pay for the lands, and 
 houses, and furniture, as well as other expenses of said school 
 system, from the public moneys in the hands of the treasurer. 
 
 Town couEcil Sec. 7. The said board of education, within thirty days 
 to levy taxes r t • • • i n i -i r 
 
 for school pur alter their organization, shall report to the town council of 
 
 Akron the number and description of buildings necessary for 
 
 the purposes of the common schools in said town, which 
 
 report shall be in writing, and shall specify the amount of 
 
 money necessary to be raised to meet the expense of erecting 
 
 such buildings; and such board shall also specify, in said 
 
 report, the amount of money necessary to be raised in addition 
 
 to the money accruing to said town under the general school 
 
 laws of the state, to defray all the other expenses of said 
 
 school system during the current year; and thereupon the 
 
 said town council shall proceed to levy a tax sufficient to meet 
 
 such expenses of buildings and repairing school-houses, and 
 
 the expenses attendant upon the maintenance of said free 
 
 poses.
 
 43 
 
 schools in Akron, during tlie whole year, customary vacations 
 only excepted ; said tax to be levied and collected as otlier 
 taxes of said town are or may be collected. *And it shall be 
 the duty of said board, on or before the first Monday in April, 
 in every year thereafter, to make report in writing to the 
 town council, of all moneys received, how and for what pur- 
 pose expended, with the proper vouchers, and such other 
 information in relation to said schools as they may deem 
 important, specifying in said annual report the amount of 
 money necessary to be raised by taxation, to defray the expen- 
 ses of said school system for the current year ; and said town 
 council shall, annually, upon the coming in of such report, 
 and within thirty days thereafter, proceed to levy a tax suffi- 
 cient to meet such expenses, to be levied ' and collected as 
 other taxes of said town. And the town council shall cause Reports of 
 
 DOfl.l*fi 
 
 all such reports of the board of education to be published, or 
 so much thereof as they may deem necessary, the reports 
 themselves to be left with the mayor of the town, open to 
 public inspection, i 
 
 Sec. 8. All legal titles to lands and houses, and other Titles to board 
 property used for common school purposes in said town of 
 Akron, shall vest in the town council of Akron at the taking 
 effect of this act, and all titles acquired thereafter shall be 
 in the name of said town council ; and said town council shall 
 have power to sell, lease, and convey, any and all of the lands 
 and tenements held under and by virtue of this act, and to 
 purchase other lands and tenements in more eligible positions, 
 by and with the advice of said board of education, but not 
 otherwise. 
 
 Sec. 9. The town council shall, immediately after the Examiners of 
 
 ' "^ teachers and 
 
 appointment of directors, as hereinbefore provided, appoint Bchools. 
 three competent persons to serve as school examiners of said 
 town, all of whom shall be citizens of Akron ; one to serve 
 until the first Tuesday in June, one thousand eight hundred 
 and forty-eight; one until the first Tuesday in June, one 
 
 * Modified : sea section 3 of the act of January 28, 1848, chapter III. Tax 
 not to exceed four mills on the dollar : see section 1 of same act.
 
 44 
 
 Reports. 
 
 Public exam- 
 ination of 
 schools. 
 
 Repealing 
 clause. 
 
 Extended to 
 Dayton. 
 
 thousand eight hundred and forty -nine ; and one until the 
 first Tuesday in June, one thousand eight hundred and fifty, 
 and until their successors are qualified ; and annually, at the 
 first regular meeting of the town council, after the annual 
 election for members of that body, they shall appoint one per- 
 son for examiner, to serve for three years, and until his suc- 
 cessor is qualified ; and the council shall fill all vacancies that 
 may occur by death, removal, or otherwise. The examiners, 
 or any two of them, shall examine such persons as may apply 
 for that purpose ; and if they find the applicant qualified, they 
 shall give him a certificate, naming the branches he is quali- 
 fied to teach, that they have carefully inquired into his charac- 
 ter, and believe it to be moral and good, and that they believe 
 him to be well qualified to govern and teach ; they shall, also, 
 in every case where two of their number concur, have power 
 to annul any certificate previously given, and the person 
 holding the same shall be discharged from the public schools 
 in said town : they shall, also, separately or otherwise, together 
 with such other persons as may be appointed by the mayor, 
 visit said schools at least as often as once in every quarter, 
 observe the discipline, mode of instruction, progress of the 
 scholars, and such other circumstances as they may deem of 
 interest ; and, semi-annually, at such times as the board of 
 education shall [apoint,] they shall report their proceedings to 
 the town council, and also to the board of education, with 
 such suggestions as they may think proper, the publication of 
 which shall be in the discretion of the town council. 
 
 Sec, 10. Annually, at such time as the board shall appoint, 
 public examinations of all the sohools shall be had, under the 
 direction of the mayor, council, the board of education, and 
 the examiners. 
 
 ' Sec. 11. So much of the general school law, and so much 
 of any and all other laws of this state, general or local, as may 
 be inconsistent with this act, or any of its provisions, is hereby 
 repealed as to said town of Akron. 
 
 Sec. 12. The power conferred upon the board of educa- 
 tion of the town of Akron, in the fifth section of this act, is
 
 45 
 
 ( hereby conferred upon the managers of the common schools 
 ■ of the city of Dayton. 
 
 Sec. 13. Any fature legislature may alter, amend, or Riglit of repeal 
 
 repeal this act. 
 
 WILLIAM P. CUTLER, 
 
 Speaker of the House of Representatives. 
 
 EDSON B. OLDS, 
 
 Speaker of the Senate. 
 
 CHAPTER III. 
 
 An aet to amend the act entitled "An act for the support and better regulation 
 of Common Schools in the town of Akron/' passed February 8, 1847. 
 
 [Passed January 28, 1848, XLVI ml. Stat. 110.] ' 
 
 Section 1. Be it enacted hy the General AssemlAy of the 
 State of Ohio, That the amount of tax hereafter to be assessed Amount of tar 
 to defray the expense of the school system, introduced into 
 said town by virtue of the act to which this is an amendment, 
 shall not exceed, in any one year, four mills on the dollar of 
 the taxable property in said town. 
 
 Sec, 2. The board of education of the town of Akron shall Powers of the 
 
 have full power and authority to determine what branches of cation. 
 
 education shall be taught in any and all of said schools under 
 
 their management and control ; and said board shall also have 
 
 power, at their discretion, to restrict the right of admission 
 
 into any and all of said schools, to the children, wards, and 
 
 apprentices of actual residents, within the limits of the town 
 
 corporate of Akron, with power to admit scholars from abroad, 
 
 upon such terms and conditions as said board shall see fit to 
 
 prescribe. 
 
 Sec. 3. That on or before the first Monday of June, in Duties of aud- 
 itor and treas- 
 each year, it shall be the duty of the said board of education urer. 
 
 to make known to the auditor of the county of Summit, the 
 amount of tax which they may want levied for school pur- 
 poses during the current year ; and thereupon it shall be the 
 duty of said county auditor to assess the taxable property in
 
 46 
 
 said town of Akron, as tlie same appears upon tlie grand list ; 
 and tlie said tax shall be collected by tlie county treasurer at 
 the same time with the state and county taxes, and in the 
 same manner ; and, when collected, the amount shall be paid 
 over to the treasurer of said board of education. 
 Kepealing Sec. 4. That so much of the act to which this is an amend- 
 
 clause. 
 
 ment as conflicts with the provisions of this act, be and the 
 
 same is hereby repealed. 
 
 JOSEPH S. HAWKINS, 
 
 Speaker of the House of Itepresentatives. 
 CHx\RLES B. GODDARD, 
 
 Speaker of the Senate. 
 
 CHAPTER IV. 
 
 An act to provide for extending the provisions of an act entitled "An act for the 
 support and better regulation of Common Schools in the town of Akron," and 
 the amendatory acts thereto, to the cities and incorporated towns of this State. 
 
 [Passed February 14, 1848, XLVI wl. Stat. 48.1 
 
 ted town3^mv7 SECTION 1. Be it enacted hy the General Assembly of the 
 der^pr^ecedi^ng ^^^^^ ^f ^'^""^' ^^^* every incorporated town or city in this 
 acts, and how. g^^^te, shall have the provisions of the act entitled "an act for 
 the support and better regulation of common schools in the 
 town of Akron," and the amendatory act thereto, passed by 
 the forty-sixth general assembly of this state, extended to all 
 or any of the said incorporated towns or cities, wherever two- 
 thirds of the qualified voters thereof shall petition the town or 
 city council in favor of having the provisions of said acts so 
 extended, 
 rectors!" ^ '' ^^^' ^- That whenever two-thirds of the qualified voters 
 of any city or incorporated town shall petition the town or 
 city council in favor of having the provisions of said acts 
 extended to said city or incorporated town, the electors quali- 
 fied to vote for members of the town or city council, shall 
 assemble at the time and place within said town or city, of
 
 47 
 
 which at least ten days' previous notice shall be given by the 
 city or town council, by posting written or printed notices in 
 at least three of the most public places in said city or incor- 
 porated town, and then and there proceed to the election of 
 six directors, by ballot, who shall serve, and in all respects be 
 governed by the provisions of the act entitled "an act for the 
 support and better regulation of common schools in the town 
 of Akron," and the act amendatory thereto; and the common 
 schools in said city or incorporated town shall, in all respects, 
 be governed and organized according to the provisions of said 
 acts. 
 
 Sec. 8. That the last preceding election in said city or How number 
 
 -1 T 11 1 1 1 • 1 • T T • of voters ascer- 
 
 mcorporated town, shall be the basis upon whicn to determme tained. 
 the number of qualified voters. 
 
 Sec. 4. That all acts, or parts thereof, inconsistent with Repealing 
 1 the provisions of this act, are hereby repealed : Provided^ that 
 j this act shall not extend to, nor be in force in the city of Cin- 
 cinnati. 
 
 JOSEPH S. HAWKINS, 
 jS]oeaIcer of the House of Eepresentatives. 
 CHABLES B. GODDAED, 
 
 Sjieaker of the Senate. 
 
 CHAPTER V. 
 
 An act to amend an act entitled "An act for the support and better regulation 
 of Common Schools in the town of Akron," passed February 8, 1847, and the 
 acts amendatory thereto. 
 
 [Paised March 15, 1S49, XLVII vol. Slat. 45 ] 
 
 Section 1. Be it enacted by the General Assemhli/ of tJie 
 State of OJiio, That the board of education in any city, town. Boards of edu- 
 or village, which has adopted the act entitled "an act for the adopt certain 
 support and better regulation of common schools in the town ^'^^^' 
 of Akron," passed February 8, 1847, and the acts amendatory 
 thereto, may adopt the eleventh, twelfth, and fifteenth sec- ^ 
 
 tions of the act entitled " an act for the better organizatibh of f
 
 48 
 
 the public scTiools in cities, towns," etc., passed February 15, 
 1849, wlienever, in the opinion of said board of education, 
 the educational interests of such citj, town, or village, may 
 require it. 
 
 Sec. 2. All acts, or parts thereof, inconsistent with the 
 provisions of this act, are hereby repealed. 
 
 JOHN G. BEESLIN, 
 Speaker of the House of Representatives. 
 BREWSTER RANDALL, 
 
 Speaker of the Senate. 
 
 CIIAPTERVI. 
 
 GENERAL ACT FOR SCHOOLS IN CITIES, TOWNS, 
 
 ETC. 
 
 An act for the better regulation of the Public Schools in ciLieg, towns, etc. 
 [Passed February 21, 1849, XLVII vol. Stat. '22.] 
 
 Towns of 200 '^'^0. 1. Be it enacted hy the General Assemhly of tlie State of 
 may b'f s£gle ^'''^'-^' '^^'^^ ^^7 incorporated city or town in the State, or any 
 sch^l dis- incorporated town or village, except such city, town or village, 
 as is now, in whole or in part, governed as to schools by some 
 special law heretofore passed, containing within the town or 
 village plot, as laid out and recorded, two hundred inhabitants 
 or more, with the territory attached, or hereafter to be attached 
 to said city, town, or village, for school purposes, may be 
 organized into and established as a single school district, in 
 the manner and with the powers hereinafter specified ; but 
 the provisions of this act shall not apply to any city, town 
 or village, or any part thereof, which is now governed as to 
 schools by any special law. 
 
 Sec. 2. That, in order to such organization, written notices 
 
 Qualified vot- 
 ers to vote for shall be posted up in three or more of the most public places 
 
 adoption of ill said Contemplated district, signed at least by six resident 
 
 freeholders of the same, requesting the qualified electors in 
 
 said district to assemble upon a day, and at some suitable
 
 49 
 
 place in said district, to be named in said notices, then and 
 tliere to vote, by ballot, for or against the adoption of this act, 
 -which notice shall be so posted up at least ten days next prior 
 to said meeting. 
 
 Sec. 8. That the electors assembled at said time and place Manner of 
 
 T ,, , . , . . , . , casting such 
 
 shall proceed to appomt a chairman, assistant chairman, and v«te. 
 clerk, who shall be judges of said election. That the electors 
 in favor of the adoption of this act for said district, shall 
 ■write upon their ballots, "school law," and those opposed 
 thereto shall -write upon their ballots, "no school law;" the 
 adoption or rejection of this act to be determined by a major- 
 ity of the votes to be cast in manner aforesaid, j 
 
 Sec. 4. That in case a majority of votes shall have been Directors to be 
 
 cll086Dt 
 
 cast for said law, the electors of said districts shall assemble 
 at the place last aforesaid, within twenty days from the time 
 of the ado]Dtion of said act, of which at least ten days' previ- 
 ous notice shall be given by said chairman and clerk, in the 
 manner aforesaid, and shall then choose, by ballot, six direct- 
 ors of the public schools of said district, two of whom shall 
 serve for one year, two for two years, and two for three years, 
 the time that each shall serve to be designated on the ballots ; 
 and annually thereafter, there shall be chosen, in the same 
 manner, two directors, each of whom shall serve for three 
 years, and until their successors shall be elected and qualified ; 
 such intermediate vacancies as may occur to be filled by the 
 acting directors until the next annual election, when such va- 
 cancies shall be filled by the electors. 
 
 Sec. 5. That said directors, within ten days after their Directors to or 
 appointment as aforesaid, shall meet and organize by choosing 
 from their number a president, secretary and treasurer; that 
 said treasurer, before he enters upon the duties of his office, 
 shall give bond payable to the state of Ohio, with security, 
 to be approved by said board, and to be by them kept, con- 
 ditioned for the fiiithful discharge of his duties as such treasu- 
 rer. 
 
 Sec. 6. The said directors, and their successors in office, Their powfr 
 shall be a body corporate, by the name of the board of edu- 
 4
 
 50 
 
 cation of said city, town, or village, and, as sucli, and by sucli 
 name, shall receive all moneys, and other property, belonging 
 or accruing to said district, or to said city, town, or village, or 
 any part of the same, for the use or benefit of the public 
 schools therein ; and the said board shall be capable of con- 
 tracting and being contracted with, suing and being sued, 
 pleading and being impleaded, in any court of law or equity ; 
 and also shall be capable of receiving any gift, grant, bequest, 
 or devise, made for the use of the public schools in said city, 
 town or district, and all moneys accruing to said city, town, 
 or district, for school purposes, under any law of this state, 
 shall be paid over to the treasurer of said board of education. 
 Meetings of Sec. 7. Said board of education may hold stated meetings 
 
 the board. .,,,.. , 
 
 at such tunes and places m said district as they may appoint, 
 four members of said board, at all meetings thereof, consti- 
 tuting a quorum for business ; that special meetings thereof 
 may be called by the president, or by any two members, on 
 
 Money, how giving One day's notice of the time and place of the same ; 
 and said board, by resolution, shall direct the payment of all 
 moneys that shall come into the hands of the treasurer, and 
 no money shall be paid out of the treasury except in pursu- 
 ance of such resolution, and on the written order of the presi- 
 dent, countersigned by the secretary. 
 
 School houses, Sec. 8. That whenever said board shall deem it necessary 
 to purchase or erect a school-house, or school-houses for said 
 district, or to purchase sites for the same, they shall call a 
 meeting of the legal voters in said district, by giving at least 
 ten days' notice of the time, and place, and object of said 
 meeting, in some newspaper printed in, and in general circu- 
 lation in such district, if any such there be ; and if there be 
 no such newspaper, then by posting up written or printed 
 notices thereof, at five or more of the most public places in 
 said district, and the president of said board, and in his absence 
 one of the other directors, shall act as chairman of said meet- 
 ing, and said meeting may determine, by a majority vote, 
 upon the erection of a school-house or school-houses, and the 
 purchase of a site or sites therefor, and the amount of money 
 
 paid out. 
 
 how built.
 
 51 
 
 to be raised for the purpose aforesaid, and tlie time, or times 
 wlien the same shall be paid, which money, so voted, shall be 
 thereupon certified by the board of education, by its chairman 
 and secretary, to the auditor of the county, and shall be 
 assessed in said district, collected and paid over to the treasu- 
 rer of said district, in the same manner as the tax hereinafter 
 provided for in the twelfth section of this act. 
 
 Sec. 9. It shall be the duty of said board, so soon as the ^^J^J^A, ^ «!• 
 
 "^ ' tablish pri- 
 
 means for that purpose can bo provided, to establish in said mary schools, 
 district an adequate number of primary schools; to be so 
 located as best to accommodate the inhabitants thereof, and in 
 which the rudiments of education shall be taught, and it shall 
 be the further duty of said board, to establish in said district, 
 a suitable number of other schools of a higher grade or 
 grades, wherein instruction shall be given in such studies as 
 may not be provided for in the primary schools, the number 
 of schools, and also of the different grades thereof, to be de- 
 termined by said board ; and it shall be the further duty of 
 said board to decide what branches shall be taught in each Branches to be 
 and all of said schools, provided that no other language than ^"S°^- 
 the English or German shall be taught therein, except with 
 the concurrence of two-thirds of said board. 
 
 Sec. 10. Admission to said schools shall be gratuitous to What scholars 
 
 admitted. 
 
 the children, wards and apprentices of all actual residents in 
 
 said districts, who may be entitled to the privileges of the 
 
 public schools, under the general laws of this state, provided , 
 
 that said board shall have power to admit to said schools i 
 
 other pupils, upon such terms, or upon the payment of such 
 
 tuition, as they may prescribe. 
 
 Sec. 11. Said board shall have power to make all neces- General pow- 
 ers of the 
 sary regulations for said schools, to prescribe and enforce rules board. 
 
 for the admission of pupils into the same, not inconsistent 
 
 with the preceding section, and the examination that pupils 
 
 must pass preparatory to admission into the schools of higher 
 
 grades than the primary ; to subdivide said school district, if 
 
 they shall think proper ; to select sites for school-houses ; to 
 
 superintend the building of the same, and to pay therefor.
 
 52 
 
 their appurtenances, furniture and apparatus, to borrow 
 money for tlie erection of scliool-liouses, upon a majority vote 
 of said district tlierefor, and to incur all other expenses of 
 said school system, and pay the same from the public moneys 
 of said district. 
 
 Shoolrto be ^^^' ^^' ^^ ^^^^^ ^^ *^® ^^^'^y ^^ ^^^^^ ^°^^^ ^° ^®<^P ^^i^ 
 
 kept in each schools in Operation not less than thirty-sis, nor more than 
 year. "^ ' 
 
 forty -four weeks of each year, to determine the amount of 
 the annual tax to be raised for the purpose aforesaid, includ- 
 ing all the necessary expenses of said schools, except for the 
 erection of school-houses and the purchase of sites ; and on 
 or before the first day of July, of each year, to make known 
 the amount of such tax to the auditor of the county in which 
 said district is situate ; and thereupon it shall be the duty of 
 School tax, ^^^^ auditor to assess the same upon the taxable property of 
 how levied the said district as the same appears on the ffrand list in his 
 
 and collected. ^ ^ ° 
 
 office, and the said tax shall be collected by the county treasu- 
 rer, in the same manner, and at the same time, with the state 
 and county taxes, and when collected shall be paid over to 
 Not to exceed *^® treasurer of said board r^ Provided, however, that the tax 
 the'ddlai! °'' *^ ^® assessed under this section shall not exceed four mills on 
 the dollar upon the taxable property of said district, as the 
 same appears upon the grand list ; provided further, that in 
 case the amount so authorized to be raised, together with the 
 other school moneys of said district, shall be insufficient to 
 support said schools for the portion of the year mentioned in 
 this section, that said board of education may require such 
 
 *The following law is probably still in force : 
 
 An act to regulate the fees of county treasurers in ccrLain cases, 
 [Passed December 21, 1852, LI vol. Stat. 283.] 
 
 Treasurers to ^^?' }' ^^ '' enacted by the General Assembly of the State of Ohio, That the 
 SotTehoo^ county treasurers of this state shall be allowed, for collecting and paying over 
 toxes nnder n °"/ ^''^'^ ^T.T^ "''•^''" ^^" """^ °^ I^ebruary 21, 1849. and an act 'amendatory 
 Srtain a?ts ^ r'"'^''' ^T""^ ^^T'^ ^^' ^^^^' ^""^ *^" ^*^"^^' regulation of common schools in 
 certain acts. cities and towns, the sum of one per cent, on all moneys by them collected and 
 paid over under the provisions of said acts. 
 
 JAMES 0. JOHNSON, 
 Speaker of the House of Representatives 
 
 William me dill. 
 
 President of the Senate,
 
 53 
 
 sum as may be necessary to support the same for the residue 
 of said time, to be charged at the discretion of said board 
 upon the tuition of the pupils attending such schools ; pro- 
 vided, however, that the children of indigent parents, or 
 orphans, who are unable to pay such charges, shall not be ex- 
 cluded from said schools for the non-payment of the same ; 
 and it shall be the further duty of said board to keep an accu- 
 rate account of their proceedings, and of their receipts and 
 disbursements for school purposes, and at the annual meeting 
 for the choice of directors in said district to make report of Board shall 
 
 1 -iij^i r i'T-j.1 J reporttoanuu- 
 
 such receipts, and the sources irom which the same were de- al meeticg. 
 rived, and of said disbursements, and the objects to which the 
 same were applied, and they shall also make report at the 
 same time of such other matters relating to said schools, as 
 they may deem the interests of the same to require. 
 
 Sec. 13. That said board of education, within twenty Board shall 
 
 . . . ^ appoint school 
 
 days after their election, shall appoint three competent persons, examiaers. 
 citizens of said district, to serve as school examiners of the 
 public schools therein, one to serve for one year, one for two 
 years, and one for three years from the time of their appoint- 
 ment, and until their successors shall be appointed, and annu- 
 ally thereafter said board shall appoint one examiner to serve 
 for three years, and until his successor is appointed and quali- 
 fied ; and said board shall fill all vacancies that may occur 
 from death, removal, or otherwise. Said examiners, or any 
 two of them, shall examine any person that may apply for Duty of exam- 
 that purpose, with the intention of becoming teachers in any 
 of the schools in said district ; and if they fijid the applicant, 
 in their opinion, qualified to teach in any of said schools, and 
 to govern the same, and of good moral character, they shall 
 give said applicant a certificate naming the branches in which 
 the holder of said certificate was found qualified to teach — 
 and no person shall be permitted to teach in said schools with- 
 out such certificate — and said examiners may, in all cases 
 where two of their number concur, have power to annul such 
 certificate, and, when so annulled, the person holding the same 
 shall be discharged as a teacher of said schools ; said examin-
 
 54 
 
 ers shall also, separately or otlierwise, together with said 
 board of education, or any of them, or such person as they 
 may appoint, or invite, visit said schools as often as once in 
 every term, and observe the discipline, mode of teaching, 
 progress of the pupils, and such other matters as they may 
 deem of interest, and make such suggestions, and report 
 thereupon to said board, as they may think proper, which 
 report may be pubhshed at the discretion of said board. 
 
 Acts repealed. Sec. 14. Upon the adoption of this act in the manner 
 herein provided, by any city, town, village, or district, all laws 
 now in force therein, inconsistent herewith, are hereby re- 
 pealed. 
 
 Treasurer may Sec. 15. That said board of education, or the treasurer 
 
 collect charges „ 
 
 for tuition. thereof, shall have power to collect any charge or account lor 
 tuition, in the same manner as the treasurer of any common 
 school district in this state, is now, or may hereafter be, 
 authorized to collect any such charge or account. 
 
 JOHN G. BRESLm, 
 S;peaker of the House of Representatives. 
 BEEWSTEB EANDALL, 
 
 JSiJeaJcer of the Senate. 
 
 CHAPTEH VII. 
 
 An act to amend the act entitled "an act to provide for the organization of cities 
 and incorporated villages," passed May 3, 1852. 
 
 [Passed March 11, 1853, LI ml. Stat. 364.] 
 
 Certain appro- Sec. 12. That the ninety-eighth section of said act be, and 
 
 priations not ' 
 
 authorized. the Same is hereby so amended as to read as follows : That the 
 council of any municipal corporation shall not authorize any 
 loan or appropriation not predicated on the revenues of the 
 corporation for the current fiscal year, and shall not authorize 
 any order or appropriation of money, when there is not, in the 
 city treasury, money unappropriated sufficient to pay such 
 appropriation; and any appropriation otherwise made or
 
 55 
 
 authorised, shall be held and deemed utterly void and of no 
 
 effect as against said corporation : provided, however, that for Council may 
 
 .1 n ^ • IT,- borrow money 
 
 the purpose oi purchasing necessary grounds, and erecting for school pur- 
 suitable school buildings for the use of public schools, the ^^^^' 
 council of any such corporation may, at the request of the 
 board of education of said corporation, make sufficient appro- 
 priation therefor, and shall have power to borrow money upon 
 the credit of such corporation, sufficient for the aforesaid pur- 
 poses, at such rates of interest as said council may deem 
 proper; and, for the purpose of effecting such loan, the said Loan, how per- 
 council shall have power to pledge the faith of said corpora- 
 tion for the payment of both principal and interest, including 
 the power to levy a tax for the payment of the same, when- 
 ever the same may become due, and to make and execute 
 such bonds, or other evidences of debt, and payable at such 
 times and places as shall be agreed upon by the parties so 
 contracting, which said bonds, or other evidences of debt, may 
 be made transferable and redeemable in such form, and at 
 such times and places, as may be therein designated; and the 
 necessary grounds shall be procured, and the said school 
 buildings hereby authorized shall be constructed under the School build- 
 direction of, and in accordance with, a plan, or plans, furnished structed. 
 by the board of education of said corporation. -^ * * 
 
 CHAPTER VIII. 
 
 An act to amend the "act for the better regulation of the Public Schools in citiea, 
 towns, etc.," passed February 21, 1849. 
 
 [Passed March 13, 1850, XLYIII vol. Stat. 40.] 
 
 Sectiox 1. JBe it enacted hy the General Assembly of the 
 State of Ohio^ That the act for the better regulation of the Extending act 
 
 in rGfcrcncc to 
 
 public schools in cities, towns, etc., passed February 21, 1849, public schools 
 be, and the same is hereby extended to incorporated town- 
 ships, and to school districts, now or hereafter to be organized, 
 which shall adopt the same in the manner specified in the 
 second and third sections of said act : provided, however, that 
 said act schall not be so extended to any township or shool
 
 56 
 
 district, containing less than five liundred inliabitants, unless 
 said school district consists, in whole or in part, of an incor- 
 porated town or village. 
 Sicgic Bchool g-Ec. 2. Township and school districts to which said act 
 
 districts. •■■ 
 
 may be extended in the manner aforesaid, shall thereafter be 
 known and recognized in law as single school districts, with 
 all the powers, rights, and franchises which, for educational 
 purposes, are, or may be conferred upon incorporated cities, 
 Board of edu- towns, and villages, in virtue of the act aforesaid : and the 
 
 cation. . 
 
 board of Education of such townships and school districts, 
 shall be elected and organized in the same manner as is pro- 
 vided in the fourth and fifth sections of said act, and shall have 
 like powers, rights, and privileges, and perform like duties as 
 boards of education of cities, towns, etc., under the act afore- 
 said. 
 Title to real Sec. 8. The title to all real estate, and other property 
 in beard. belonging, for school purposes, to any city, town, village, 
 
 township, or district, or to any part of the same, which is or 
 may be organized into a single school district, in accordance 
 with this act, or the act to which this is an amendment, shall 
 be regarded in law as vested in the board of education thereof, 
 for the support and use of the public schools therein, and said 
 board may dispose of, sell, and convey said real estate, or any 
 part of the same, by deed, to be executed by the president of 
 said board, upon a majority vote for such sale at any regular 
 meeting of the electors of said district. 
 
 Board to have Sec. 4. The board of education of any city, town, village, 
 
 power to ex- , , . , t. . • i ^ n 
 
 elude children township, or school Qistrict, Organized for the support of 
 
 years ofTge. schools Under this act, or the act to which this is amendatory, 
 or the act for the support and better regulation of common 
 schools in the town of Akron, and the acts amendatory thereto, 
 or under any special local act, shall have authority to exclude 
 from the public schools, in such city, etc., all children under 
 the age of six yeara. 
 
 BENJAMIN F. LEITEE, 
 jSpeaJcer of tlie House of Eepresentatiues. 
 CHARLES C. CONVERSE, 
 
 SjoeaJcer oftlie Senate.
 
 57 
 CHAPTER IX. 
 
 An act to provide for the completion of certain contracts heretofore made by 
 
 School Directors. 
 
 [Pa:sed February 6, 1854, LII vol. Stat. 17.] 
 
 Section 1. Be it enacted hy the General Assembly of the 
 State of Ohio, That in all cases where pursuant to law, con- J^ empo'wer 
 
 •' ' •'• ' township 
 
 tracts have been made or entered into for the sale of school- boards of edu- 
 cation to corn- 
 house sites or lands, the property of any school district here- pltte certain 
 
 contracts. 
 
 tofore existing in this State, and the sale remains to be per- 
 fected by conveyance, the township board of education, in the 
 township where such property may be situate, shall be author- 
 ized to complete the same by executing a conveyance in the 
 manner prescribed in section eleven of the act entitled an act 
 to provide for the reorganization, supervision, and main- 
 tenance of common schools, passed March 14, 1853, on fall 
 compliance therewith by the purchaser or purchasers. 
 
 F. C. LeBLOND, 
 Speaker of the House of Representatives. 
 EGBERT J. ATKINSON, 
 President of the Senate, pro tern. 
 
 CHAPTER X. 
 
 An act relating to Common Schools. 
 [Passed Aw'^l 10, 1656, LIII roZ. Stat. 2G0 ] 
 
 "Whereas, certain boards of education, organized under an Preamble, 
 act for the better regulation of public schools in cities, towns, 
 etc., passed February 21, 18-19 ; and certain boards of educa- 
 tion organized under an act to provide for the reorganization, 
 supervision and maintenance of common schools, passed March 
 14, 1853, acting under said acts have by agreement between 
 said boards, under the act passed February 21, 1849, and the 
 boards, under the act passed March 14, 1853, made annexa- 
 tions and transfers of territory to and from the districts pro- 
 vided for in said acts respectively for the promotion of educa-
 
 58 
 
 Transfers 
 made valid. 
 
 Power to 
 
 transfer. 
 
 tion, according to the true intent and meaning of said acts ; 
 and wliereas, doubts exist as to tire legality of such, annexa- 
 tions and transfers of territory ; therefore, 
 
 Sectioist 1. Be it enacted hj the General Assemlly of the 
 State of Ohio, That all annexations or transfers of territory to 
 or from the districts provided for in the said act passed Feb- 
 ruary 21, 1849, and in the said act passed March 14, 1853, 
 made pursuant to said acts respectively, and the agreement of 
 the boards of education organized under said acts respectively, 
 heretofore made or agreed upon, or which shall hereafter be 
 thus made or agreed upon, shall be held to be as valid as if 
 the same had been specially and more particularly provided for 
 in said acts, or the acts amendatory thereto. 
 
 Sec. 2. Be it further enacted, That the boards of education 
 of any township, and the boards of education of any city, 
 or incorporated village, or union school district created 
 by any law of this state, shall have power according 
 to the general provisions of said act passed March 14, 1853, 
 by mutual agreement between the township board and the 
 city or village board to transfer territory to or from the respec- 
 tive districts under the control of said respective boards. 
 
 Sec. 3. That this act shall be in force from and after its 
 passage. 
 
 N. H. YAN YORHES, 
 Speaker of the House of Reiiresentatives. 
 THOMAS H. FORD, 
 
 President of the Senate. 
 
 CHAPTER XI. 
 
 An act providing for recording, printing, and distributing the Journals of the 
 General Assembly, and the laws and public documents. 
 
 [Passed April 8, 1856, LIII vol. Stat. 173.] 
 
 When official Sec. 6. All county, township, city and village officers, and 
 
 made.^ ^ ^^ officcrs and boards of officers, of all state institutions and 
 
 buildings, and all officers connected with the public works of
 
 59 
 
 tlie state, and all corporations (except such as by tlieir charac- 
 ters are required to make their reports at some other specified 
 time) which are now, or may hereafter be required by law, to 
 make annual reports for any purpose to any state officer or 
 officers, shall make out the same on or before the fifth day of 
 November of each year, and forthwith transmit the same to 
 the proper officer or officers. For the purpose of making out 
 all such reports as come within the provisions of this section, 
 the year shall begin on the first day of November of each 
 year, and end on the last day of October of the succeeding 
 year : provided, that the school year shall begin on the first School year, 
 day of September annually, and close on the last day of the 
 following August ; and all school officers and township officers 
 acting as such, who are or may be required to make annual 
 reports to the county auditor, shall make out the same and 
 transmit them to the county auditor on or before the first day 
 of October following the expiration of the school year. 
 
 Sec. 7. All state officers, and boards of officers, and the Reports of 
 officers of all such institutions and buildings, as are now, or 
 may hereafter be required to make annual reports to the gen- 
 eral assembly, or to the governor, shall hereafter make such 
 reports to the governor on or before the twentieth day of 
 November of each year, and the governor shall cause the 
 same to be printed as soon thereafter as practicable, by the 
 printer having the contract for this branch of the public 
 printing, and the governor shall lay before the general assem- 
 bly all such reports, in printed form, at the same time that he 
 lays before it his regular message. But nothing in this section, 
 or in this act, shall be held to modify, in any respect, the 
 existing laws in relation to the annual report of the state 
 board of agriculture.
 
 60 
 
 CHAPTER XII. 
 
 TEACHERS' INSTITUTES. 
 
 An act to encourage Teachers' Institutes. 
 [Passed February 8, 1847, XLV vol. Stat. G7.] 
 
 Preamble, Whereas, it is represented that, in several counties, asso- 
 
 ciations of teacliers of common schools, called teachers' institutes, 
 have been formed, for the purpose of mutual improvement 
 and advancement in their profession, which, it is represented, 
 have already accomplished much to elevate the standard of 
 common school instruction in their respective counties ; there- 
 fore, in order to encourage such associations, and thus promote 
 the cause of popular education. 
 County com- Sec. 1. Be it enacted hy tlie General Assembly of the State of 
 may appropri- 0/V/o, That in the several counties mentioned in the fifth 
 
 ate annual pro- ,. . , . , , . ,. . , . , . , , 
 
 ceeds of Bur- section, m which such associations now exist, or m whicli sucn. 
 
 p us revenue, g^ggociations' shall be hereafter formed, it shall be lawful for 
 the county commissioners of said counties to appropriate the 
 annual avails, or any part thereof, of the fund provided for in 
 the third section of the act passed March 19, 1848, entitled 
 "an act declaratory of, and amendatory to, an act entitled 'an 
 act providing for the distribution and investment of this state's 
 proportion of the surplus revenue,' " passed March 28, 1837, 
 for the purposes of such associations. 
 
 Moneys to be Sec. 2. The moneys so appropriated shall, upon the order 
 
 paid to lectur- ^ ^ , . 
 
 ers, and for K- 01 the couuty auditor, DC paid over to, and expended by the 
 
 brary. , 
 
 board of school examiners of the proper county ; the one-half 
 thereof, at least, to the payment of suitable persons as instruct- 
 ors and lecturers to such associations, and the balance to the 
 purchase and support of a suitable common school library, for 
 the use of such associations. 
 Who shall Sec. 3. Every teacher of common schools of the county, 
 
 have a right to , . . 
 
 attend the and every person of the county intending to become a teacher 
 
 "ociadSs! ^"^ of common schools within the next twelve months, shall have 
 the right, without charge for instruction, to attend the meet- 
 ings of such associations, and enjoy all their benefits.
 
 61 
 
 Sec. 4. It sliall be tlie duty of all tlie county boards of County boards 
 
 . of examiners to 
 
 school examiners, in tlie several counties mentioned m the report to secre- 
 fifth section, to report, annually, to the secretary of state, ^^ ° 
 during the month of December, the number of male and 
 female teachers examined by them during the year, the num- 
 ber of certificates given, how many authorized the teaching of 
 reading, writing, and arithmetic only ; and when moneys shall 
 have been received by virtue of this act, they shall also report 
 how it has been expended, and with what results. 
 
 Sec. 5. This act shall be in force only in the counties of 
 Ashtabula, Lake, Geauga, Cuj-ahoga, Erie, Lorain, Medina, 
 Trumbull, Portage, Summit, Delaware. 
 
 WILLIAM P. CUTLER, 
 Speaker of the House of Represeniatives. 
 
 EDSON B. OLDS, 
 
 Speaker of the Senate. 
 
 CHAPTER XIII. 
 
 An act to amend an act to encourage Teachers' Institutes, and to extend the 
 provisions of the acts providing for Teachers' Institutes, and county Superin- 
 tendents, to the several counties of this State. 
 
 [Passed February 24, 1848, XLVI vol. Stat. 86 ] 
 
 Sec. 1. That the provisions of the act entitled "an act to Former law 
 
 , , . . nil -11 made general. 
 
 encourage teachers institutes, and the act entitled "an act to 
 provide for the appointment of county superintendents of 
 common schools, and defining their duties in certain counties 
 therein named," passed February, 1847, be, and the same are 
 hereby extended to all the counties in this state. 
 
 Sec. 2. That the second section of the act entitled " an Former act in 
 act to encourage teachers' institutes," passed February 8, 1847, braries amend- 
 is hereby so amended that all money used under the provisions 
 of said section, in purchasing libraries, shall be used in pur- 
 chasing and supporting suitable common school libraries, for 
 the several common school districts in the several counties in
 
 62 
 
 this state that may be in possession of the funds named in the 
 first section of this act. 
 
 JOSEPH S. HAWKINS, 
 Speaker of the House of Representatives. 
 CHAELES B. GODDAED, 
 
 Speaker of the Senate. 
 
 CHAPTER XIV. 
 
 An act to amend an act entitled " An act to encourage Teachers' Institutes," 
 
 passed February 8, 1847. 
 
 [Passed February 16, 1849, XLVII vol. Stat. 19.] 
 County com- Sec. 1. Be it enacted hy tJie General Assembly of tlie State of 
 
 missioners ^7 mi i • • 
 
 may appropri- Oino^ That the county commissioners of the several counties 
 mentioned in the act to which this is an amendment, shall be, 
 and they are hereby authorized, at their June session, in each 
 year, wheneyer, for any cause, the sum of one hundred dollars 
 shall not arise from the means and source as provided in the 
 first section of the aforesaid act, to appropriate such sum as 
 shall be sufiicient to make up said sum of one hundred dollars, 
 from any moneys in the county treasury not otherwise appro- 
 priated. 
 
 May levy a Sec. 2. That in case there are no moneys at the disposal 
 
 of the said county commissioners, they are hereby authorized 
 to levy a tax (in the usual manner) for the purposes named in 
 the preceding section. 
 
 Money, how Sec. 8. That no part of the money appropriated by virtue 
 
 appropriated, of this act, or of the act to which this is an amendment, shall 
 be ordered by the county auditor to be paid over, except upon 
 the petition of at least forty practical teachers, who shall 
 therein declare their honafide intention to attend such associa- 
 tion within their respective counties, and who shall also, at 
 the time of so petitioning as aforesaid, be permanent residents 
 of the county in which application shall be made ; and which 
 payment and appropriation shall also be approved and recom-
 
 63 
 
 mended in -writing, indorsed upon said petition by tlie board 
 of school examiners of such county. 
 
 Sec. 4. That said sum of one hundred dollars, or any part ■J^^^^ ^^ ^^ -^ 
 thereof, shall not be ordered by the county auditor to be paid '^'^^^ "°*'^ . 
 
 ' ..•'•' ■■■ teachers raise 
 
 over as aforesaid, until said teachers shall have first raised and ^^^^ the 
 
 amount asked 
 
 paid over, or secured to be paid over, to said board of school for. 
 examiners, for the purposes and benefit of such association, at 
 least one-half of the sum for which they shall so petition said 
 county auditor, and which payment, or security for payment, as 
 aforesaid, shall be made known to said auditor by the receipt, 
 or certificate in writing of said board of school examiners. 
 
 JOHN G. BEESLIN", 
 /SpeaJcer of the House of Representatives. 
 
 BEEWSTER EANDALL, 
 
 Speaker of the Senate. 
 
 Section sixteen 
 
 CHAPTER XV. 
 
 SALE OF SECTION SIXTEEN. 
 
 An act to regulate the sale of School Lands and the surrender of permanent 
 
 leases thereto. 
 
 [Passed April 16, 1852, L vol. Stat. 163.] 
 
 SECTiO]sr 1. Be it enacted hy the General Assembly of tlie 
 State of Oliio, That all those lands granted by the congress of 
 the United States for school purposes, known as section six- school Jands 
 
 may be sold. 
 
 teen, together with all such as have been granted in lieu of 
 said section sixteen, may be sold, and such sale shall be reg- 
 ulated by, and conducted according to the provisions of this 
 act. 
 
 Sec. 2. In case there has been no vote taken for the sale „ . .. 
 
 How vote of 
 
 of any such lands, the trustees of any original surveyed town- ^^^ citizens 
 
 . . JO J gjiaii be taken 
 
 ship, to which such lands may belong, shall, at least thirty 
 days prior to taking of any such vote, cause not less than 
 eight notices to be posted up in as many of the most public 
 places of such township, notifying the legal voters resident
 
 64 
 
 therein, to meet at some convenient place and time therein 
 specified, and then and there cast their ballots, for or against 
 the sale of any such lands belonging to such township. 
 
 Same subject. g^^, 3. The trustees of the township shall preside at the 
 taking of such ballots, and shall appoint two clerks, who shall 
 keep two poll books, containing the names of the voters and 
 the result of the ballot, which poll books shall be signed by 
 the trustees and clerks ; and, in case such ballot shall result 
 in favor of a sale, the trustees shall, within ten days after such 
 election, deposit one of said poll books with the auditor of the 
 county, within which such lands (or the greater portion 
 thereof,) may be situated, with a copy of the notice given, and 
 the affidavit of one or more of the trustees, stating the man- 
 ner of giving said notices, and the time and place of putting 
 up the same ; which notices, affidavit, and poll book, shall be, 
 by said auditor, copied into a book for that jDurpose to be pro- 
 vided ; and when so recorded, such record shall be proof of 
 the facts therein stated. 
 
 Trustees tope- Sec. 4. When such record has been made, the trustees of 
 
 tition court of 
 
 common pleas, such township to which said lands belong, shall file a petition 
 in the court of common pleas of the county within which said 
 lands (or the greater portion of them) may be situate, setting 
 forth the giving of said notice, the taking of said ballot, the 
 result of the same, the filing and recording of the aforesaid 
 papers in the office of the auditor of the proper county, and 
 asking the court to appoint three disinterested freeholders, not 
 resident of the township in which the land may be situated, 
 to divide and value the same in money. 
 
 Court to ap- Sec. 6. If such court shall be satisfied that the statements 
 
 point apprais- . . . 
 
 ers. made in the petition are true, the court shall appoint three 
 
 persons to divide and appraise the same, according to the 
 
 prayer of such petition ; and said appraisers, after being first 
 
 duly sworn before some officer authorized to administer oaths, 
 
 and taking to their aid, if they think necessary, the county 
 
 surveyor, shall proceed to divide said lands into such parcels 
 
 or tracts as, in their opinion, will be best for the sale thereof, 
 
 and return in writing such divisions, suitably numbered and
 
 65 
 
 described, to tlie said court, with a just valuation of eacli sep- 
 arate division, in money. 
 
 Sec. 6. The court, on sucli return being made, and having Returns, «>tc , 
 
 to be recorded, 
 been by said court examined, and found in all things regular, 
 
 just and fair, shall certify the same, and order the same to be 
 entered of record, together with the petition, and all the pro- 
 ceedings therein had ; a copy of which the trustees shall cause 
 to be filed in the office of the auditor of the proper county, 
 who shall copy the same into a book containing the notice, 
 affidavit, and poll book aforesaid, and immediately following 
 the same. 
 
 Sec. 7. The auditor of the county, on the recording of County audi- 
 said proceedings, shall forthwith cause a notice to be pub- tise sale, 
 lished in some newspaper of general circulation in said county, 
 for six consecutive weeks before the day of sale ; and, at the 
 same time, by posting up copies of such notice in six of the 
 most public places in said county, two of which shall be in the 
 township where the lands are situate, and one at the court- 
 house, containing a description of the lots or lands to be sold, 
 the valuation thereof, and the time when said land shall be 
 offered at public auction, by said auditor, at the door of the 
 court-house, at not less than the appraised value thereof; one- 
 twelfth of the purchase money to be paid at the time of sale, 
 and the balance in eleven annual installments, of equal 
 amount, with annual interest thereon ; and said auditor shall, 
 at such time and place, proceed to offijr the same to the high- 
 est bidder, at or over the appraisement, and on the terms 
 stated in said notice. 
 
 Sec. 8. In case said lands, or any part thereof, shall not same. 
 be sold as aforesaid, the auditor may continue to offi^r the 
 same on the application, in writing, of the trustees of the 
 township to which said lands may belong, at any future time 
 or times, until they shall be sold, having first given the like 
 notices herein provided, to be given on the first sale thereof: 
 provided, that no sale shall be had on any valuation made 
 more than two years prior to the day of the sale. 
 6
 
 66 
 
 Re-appraise- 
 ment. 
 
 Id cases of 
 permanent, 
 leases, etc. 
 
 Sec. 9. The court of common pleas aforesaid is hereby 
 required, on the petition of the trustees aforesaid, setting forth 
 the former appraisement, and the sub^sequent proceedings 
 thereto, and that two years have elapsed, and the land remain- 
 ing unsold, to direct a new valuation of the same to be made 
 in the manner hereinbefore directed, unless said court, on 
 testimony, shall be satisfied that the former appraisem.ent is a 
 just and flxir valuation of said lands ; in that case, the court 
 shall make an entry of the fact, which entry shall be certified 
 to, and recorded by the auditor, in manner aforesaid, and 
 shall have the same effect as a new appraisement. 
 
 Sec. 10. In case said lands are held under permanent 
 leases, or leases for ninety -nine years, the legal or equitable 
 holder of any such lease, wishing to surrender the same, and 
 to purchase the fee of the premises so held by lease, may, 
 with the consent of the trustees of the original township to 
 which such lands belong, file his petition in the court of com- 
 mon pleas of the county in which the largest portion of such 
 lands are situate, setting forth a description of the premises so 
 held, the state of his lease, or his title thereto, that he is 
 desirous of surrendering such lease and becoming the owner 
 of the premises in fee, and asking the court to appoint three 
 disinterested freeholders of the county, and not resident of the 
 township wherein such lands are situate, to value the same ; 
 and the court, on being satisfied of the truth of the facts set 
 forth in such petition, shall appoint such appraisers, who shall 
 proceed, under oath, to make a just valuation of the j^remises 
 in m.oney, without reference to the improvements made 
 thereon, under and by reason of said lease, and shall return 
 such valuation, in writing, to said court ; and the said court, 
 if it shall be satisfied that said valuation is just, shall confirm 
 the same, and order it, with the petition and other proceedings 
 therein, to be recorded : provided, that before the trustees of 
 any original surveyed township shall consent to the surrender 
 of any lease, as provided in this act, they shall cause the 
 proposition to be siibmitted to the electors of said township, at 
 an election to be held and conducted in conformity to the
 
 6T 
 
 provisions of tlie second section of tliis act ; and if, at such. 
 election, a majority of the electors, shall vote to such surren- 
 der, then, and not otherwise, said trustees shall consent to the 
 surrender, in manner and form as herein provided. 
 
 Sec. 11. Any such lessee, on producing to the auditor of Same subject, 
 the proper county, within one year after the making of the 
 same, a certified copy of such petition and appraisement, and 
 confirmation, shall be permitted, by endorsement thereon, 
 attested by the auditor, to release to the state of Ohio all his 
 interest, title, and claim, in and to such lease, for the benefit of 
 the township to which the same may belong ; which certified 
 copy of said record and said release, shall be recorded in a 
 book for that purpose 'to be provided. 
 
 Sec 12. The purchaser of any such lands, at any auditor's Payments to 
 -I 1-1 n 1111111 11 county treasu- 
 
 sale, or the lessee of any such land held under such lease, on rers, etc. 
 
 executing his release, as aforesaid, shall each, forthwith, pay 
 
 to the treasurer of the county one-twelfth of the purchase 
 
 money in the first case, and one-twelfth of the valuation in the 
 
 second, and take the treasurer's receipt therefor; and the 
 
 au.ditor, on receiving the treasurer's receipt for said first 
 
 installment, shall give to said purchaser or lessee a certificate, 
 
 containing the name of the purchaser or lessee, a description 
 
 of the premises, the number, amount, and time of payment of 
 
 the subsequent installments, and that said purchaser or lessee, 
 
 their heirs or assigns, on the punctual payment of the sums 
 
 stUl due, with annual interest up to the time of payment, shall 
 
 be entitled to receive a final certificate from such auditor : 
 
 provided, that such lessee shall produce to the auditor the 
 
 certificate of the proper officer, that all rents due on such 
 
 premises have been paid up to the time of surrendering said 
 
 lease. 
 
 Sec. 13. Any person wishing to pay any money under the Same subject. 
 
 provisions of this act, in part or full payment of any such 
 
 lands, shall first obtain the certificate of the auditor, of the 
 
 amount due, or to be paid ; and on the presentation of the 
 
 same, the treasurer is authorized to receive the amount therein 
 
 specified, and shall give to the person paying the same a cer-
 
 68 
 
 tificate, directed to tlie auditor, of the payment of said sura of 
 money ; and the auditor, on the presentation of said certificate, 
 shall give to such person a receipt therefor, credit him with 
 the amount in his books, and charge the treasurer therewith. 
 County audi- Sec, 14." The county auditor shall keep an account with 
 sales *to "audi- the county treasurer of all sales made and leases surrendered, 
 tor of state. ^^^ moneys paid thereon by each purchaser or lessee, and 
 shall make a report of the same to the auditor of state on the 
 first day of February, May, August and November, in each 
 and every year, which report shall distinguish between the 
 amount paid in as principal, and the amount paid in as inter- 
 est, and from the time of such report the state shall be liable 
 to pay interest on all such sums of principal so reported as 
 paid, and the treasurer of state, on receiving a certified copy 
 of the account from the auditor of state, shall be authorized 
 immediately to draw said money paid in as principal, from the 
 Interest appor- county treasurer; and the amount so reported as interest shall 
 
 tioned. 
 
 be retained in the county treasury and apportioned to the 
 several civil townships and parts of civil townships in the 
 original surveyed township, or fractional township to which 
 said land belongs. 
 In case of fail- Sec. 15. If any such purchaser or lessee shall fail to make 
 ^r to pay, ^ny payment on any tract of land, for the space of twelve 
 Bold\or ca^sh!" months after the time the same shall become, due and payable, 
 the auditor of the proper county shall forthwith proceed to 
 sell such tract or tracts of land, with all the improvements 
 thereon, at the door of the court-house, to the highest and 
 best bidder therefor, in cash, having first given notice of the 
 time and place of such sale, containing a description of the 
 lands, and the money due and to become due thereon, by 
 publishing the same in some newspaper of general circulation 
 in said county, for six consecutive weeks before the day of 
 sale ; and on such sale, no bid shall be entertained for a sum 
 which will not be sufficient to pay all the purchase money due 
 the State, and all expenses incident to such sale ; and in case 
 
 *A8 amended April 12, 1858.
 
 69 
 
 said premises can not be sold for that amount, they shall 
 revert to the state, in trust for said township, and be sold in 
 the manner hereinbefore provided for the sale of such lands 
 not under permanent leases, or leases for ninety-nine years. 
 
 Sec. 16. When said lands sell as aforesaid, the purchaser Purchaser to 
 
 in f, 1 T • 1 ^ receive certifi- 
 
 shall pay to the treasurer of the county the amount so bid for cate. 
 said premises ; and on producing to the auditor the treasu- 
 rer's receipt for such payment, the auditor shall give him a 
 final certificate^ stating the fact of such sale, the name of the 
 purchaser, the description of the lands sold, the amount for 
 which sold, the payment of the same, and that the purchaser 
 is entitled to receive, from the state of Ohio, a deed in fee 
 simple for the same, on producing to the proper officer this 
 certificate. 
 
 Sec. 17. "When any purchaser or lessee, their heirs or Final cortifi- 
 assignees, shall have made payment in full, the auditor shall 
 give to such person a final certificate, containing, in addition 
 to the former one, the fact of the payment in full, and that 
 said person is entitled to receive, from the state of Ohio, a 
 deed in fee simple for said premises, on the presentation of 
 this certificate to the proper officer or officers. 
 
 Sec. 18. The auditor of state, upon the filing of any such Deed from the 
 final certificate in his office, shall make out the draft for a deed 
 therefor, and deliver the same, with such final certificate, to 
 the governor of the state, who shall sign said deed, and cause 
 the same to be sealed with the great seal of the state, and 
 countersigned and recorded by the secretary of state, and by 
 him delivered to the grantee, on demand. 
 
 Sec. 19. All excess of moneys made on any sale of delin- Excess of mon- 
 quent lands as aforesaid, after paying all sums due, interest posed^c^. ^^" 
 and costs, shall be paid, on demand, to such delinquent owner, 
 his heirs or assigns, from the county treasury, on the order of 
 the auditor, if such demand be made within one year from the 
 time of such sale ; and if not so demanded, it shall be paid 
 into the state treasury ; and, unless the same shall be 
 demanded within one year after the same shall have been
 
 70 
 
 paid into tlie state treasury, it shall be applied for tlie same 
 uses as the lands arc subject to. 
 
 Fees. Sec. 20. The fees for services under this act shall be as 
 
 follows : The court shall tax such fees on any petition filed in 
 the same, as are allowed for similar services on proceedings in 
 chancery. The county auditor to be allowed one dollar and 
 fifty cents on each sale made by him ; for each certificate, fifty 
 cents ; for each receipt, six cents, to be paid by the purchaser, 
 and the same fees for recording as is allowed to county 
 recorders, to be paid out of the first moneys paid in as interest 
 or rents, on such sale or surrender. All printers' fees for 
 advertising, shall be paid out of the county treasury, on the 
 order of the auditor, and refunded out of the first moneys 
 received on such sale, as interest or rents. The cost in court 
 shall, in case of a petition by the trustees, be paid out of the 
 county treasury, on the order of the county auditor, and 
 refunded out of the first moneys received from the sale, as 
 interest or rents ; in case of a lessee being petitioner, all costs 
 shall be paid by him. 
 
 Acts repealed. Sec. 21. The act entitled "an act to provide for the sale 
 of section sixteen, granted by congress for the use of schools," 
 
 Chase, 1552. passed January 29, 1827; the act entitled " an act to extend 
 the time of payment to purchasers of school lands in this 
 
 41 V. Stat. 4. state," passed January 8, 1843; the act entitled "an act to 
 regulate the sale of ministerial and school lands, and the sur- 
 render of permanent leases thereto," passed February 2, 1843; 
 
 41 V Stat. 20. the act entitled " an act to amend an act entitled an act to 
 
 extend the time of payment to purchasers of school lands in 
 
 42 V. Stat. 39. this State," passed March 6, 1844; the act entitled "an act to 
 
 amend the act to regulate the sale of ministerial and school 
 lands, and the surrender of permanent leases thereto, passed 
 February 2, 1843," passed March 12, 1844; the act entitled 
 
 42 V. Stat 43. "an act to fix the minimum price of the sales of school lands," 
 
 43 V. Stat. 58. passed March 4, 1845 ; and the act entitled " an act to amend 
 
 an act entitled an act to extend the time of payment to 
 purchasers of school lands in this state, and an act amendatory
 
 71 
 
 thereto," passed February 1, 1847, be, and tlie same are 
 
 liereby repealed : provided, such repeal shall not impair, or 45 v. Stat. 2i. 
 
 in any manner affect any rights or interests acquired under 
 
 any of said acts.* 
 
 JAMES C. JOHNSON, 
 Speaker of the House of Representatives . 
 WILLIAM MEDILL, 
 
 President of the Senate. 
 
 CHAPTER XVI. 
 
 An act to confirm sales made by the Trustees of the civil townships of section 
 sixteen, and other lands granttd by Congress in lieu thereof, to purchasers. 
 
 [Passed April 5, 1856, LIII vol. Stat. 63.] 
 
 Whereas, in many counties of the state of Ohio, through Preamble, 
 misapprehension of an act entitled " an act to regulate the sale 
 of ministerial and school lands, and the surrender of perma- 
 nent leases thereto," passed February 2, 1843 ; also of an act 
 entitled "an act to regulate the sale of school lands and the 
 surrender of permanent leases thereto," passed April 16, 1852, 
 the trustees of the civil townships have sold section sixteen to 
 various purchasers, who have purchased said lands in good 
 faith, have paid the purchase money and taken possession of 
 said lands, and in many instances made large improvements 
 on the same ; therefore, in order to cure the defects in the 
 titles of such purchasers to such lands, and to quiet them in 
 the possession thereof. 
 
 Section 1. Beit enacted hy the General Assemhhj of the State Title confirm • 
 of Ohio^ That such sales of section sixteen in the original sur- 
 veyed townships or fractional townships, and all sales of land 
 granted by the congress of the United States in lieu of said 
 section sixteen, which have been made otherwise in conform- 
 
 * • 
 
 * An act to provide for the appointment of Register of the Virginia Military 
 School lands, « ns passed February 22, 1852, 50 v. Stat 108. As to th« sale of 
 Western Reserve School Lands, see 46 v. Stat. 38; 47 v. Local Laws, 232; 48 v. 
 Stat. 53.
 
 72 
 
 ity with the provisions of the acts recited in the foregoing 
 preamble be, and the same are hereby confirmed; and such 
 purchasers and their assignees and heirs at haw shall hold the 
 purchases so by them made, by a title as good and valid as 
 though the proceedings for such sale had been instituted by 
 the trustees of the original surveyed or fractional townships, 
 
 N. H. VAN YOEHES, 
 SpeaJcer of the House of Representatives. 
 THOMAS H. FORD, 
 
 President of the Senate. 
 
 CHAPTEE XVII. 
 
 SCHOOL FUNDS. 
 
 An act to establish a fund for the suppoit of common schools. 
 [Faased March 2, 1831. Took iffect June 1, 1831. XXIX vol. Stat. 423.] 
 
 Section 1. Be it enacted by the General Assembly of the 
 Fund estab- ^iaie of Ohio, That there is hereby constituted and established 
 a fund, to be designated by the name of "the common school 
 fund;" the income of which shall be appropriated to the sup- 
 port of common schools in the state of Ohio, in such manner 
 Auditor of as shall be pointed out by law ; of which fund the auditor of 
 
 state the eu- *. j i n i i 
 
 perint«ndent. State sliall be the supermtendent, until otherwise directed by 
 law. 
 
 And how to Sec. 2. That whenever, and so often, as any monevs shall 
 
 keep account ... ' ./ j 
 
 of funds from be paid into the state treasury, arising from the sale of any 
 
 sale of school i t , . , i ^ , 
 
 Sands. lands which heretofore have been, or hereafter may be, appro- 
 
 priated by congress, for the use or support of schools in any 
 original surveyed township, or other district of country, in 
 this state, the auditor of state shall forthwith open an account, 
 in a book or books to be provided for that purpose, and shall 
 pass the said moneys to the credit of such township, or other 
 
 Irreducible. district of country; which said money shall constitute an
 
 73 
 
 irreducible fund, the proceeds accruing from wliicTi shall be 
 paid over and appropriated, in the manner which shall be 
 pointed out by law, for the support of common schools within 
 the township, or other district of country, to and for no other 
 use or purpose whatever. 
 
 Sec. 3. That all moneys paid into the state treasury as Rate of interest 
 
 and account 
 
 aforesaid, shall bear an annual interest of six per centum; thereof, 
 which interest shall be cast from the time of the payment of 
 any principal sum, up to the first day of January, nest suc- 
 ceeding such payment, and on the first day of January, annu- 
 ally, thereafter ; and where the same has not been done, the 
 auditor of state shall, in a book or books to be provided for 
 that purpose, open an interest account with every township, 
 or other district of country, to which a credit in the irreduci- 
 ble fund aforesaid shall have been passed ; and he shall, in 
 such book or books, keep accurate accounts of the accrual and 
 disbursement of all interest accruing from such fund, so as 
 aforesaid belonging to any township or district of country; 
 and the faith of the state of Ohio is hereby pledged for the ^^^^S^ ^^^ '^ 
 
 "^ ^ " payment. 
 
 annual payment of the interest aforesaid, to the person who, 
 and in the manner which, shall be pointed out by law; which J.*^^ appropna- 
 said interest shall be appropriated and expended for the sup- 
 port and maintenance of common schools within the township, 
 or other district of country, entitled as aforesaid to the same. 
 
 Sec. -i. That for the payment of any interest that shall O^^er therefor 
 
 and payment. 
 
 have accrued, and be payable to and for any township, or 
 other district of country as aforesaid, the county auditor of 
 the proper county shall, annually, on or after the first day of 
 January, draw an order on the treasurer of state, in favor of 
 the treasurer of the proper county, for the interest which shall 
 be payable in such county; and upon such order being pre- 
 sented to the auditor of state, he shall thereupon certify an 
 abstract of the amount of interest payable to each township, 
 or other district of country, in such county ; and thereupon, Receipt, etc. 
 on presentation of said order, the treasurer of state shall pay 
 the amount of interest appearing by said' abstract to be due; 
 and the said county treasurer, or the person presenting said
 
 74 
 
 order for liim, sliall indorse on said order a receipt for so 
 mucli as sliall be paid tliereon, and shall also sign a duplicate 
 receipt, "wliicb. shall be lodged with the auditor of state, who 
 shall credit the state treasurer therewith, and charge the sev- 
 eral items constituting the ao:g!;reo;ate of such abstract, to the 
 Distribution, proper township, or other district of country ; and the money 
 so drawn, shall be paid out by the county treasurer, on the 
 order of the county auditor, in the proportions established by 
 law, to the proper person or persons in each school district 
 authorized to receive the same. And in all cases in which a 
 county line shall divide any original surveyed township, or 
 fractional part thereof, the interest, payable in such township, 
 shall be received and disbursed in manner aforesaid, by the 
 treasurer of the county wherein the greatest quantity of land 
 belonging to such township shall be situate ; but if it be 
 uncertain in which county the greatest quantity of land in 
 such township be situate, then the said interest shall be 
 received and disbursed by the treasurer of the oldest county 
 in which any part of such township shall be situate. 
 Donations and Sec. 5. That whenever any donation or devise shall be 
 ves"Tn^ com- i^i^de, by gift, grant, last will and testament, or in any other 
 ^nds^etT^ ' manner whatever, of any estate, either real, personal, or mix- 
 ed, to the state of Ohio, or to any person, or otherwise, in trust 
 for the said common school fand, by any individual, body 
 politic or corporate, the same shall be vested in said common 
 school fund ; and whenever the moneys arising from such 
 gift, grant, or devise, shall be paid into the state treasury, the 
 proper accounts thereof shall be kept, and the interest accru- 
 ing therefrom shall be appropriated according to the intent 
 and design of such donor, grantor, or devisor. 
 
 General fund Sec. 6. That there shall be constituted a fand for the sup- 
 established. . n 11 1 • 1 1 11 1 1 • ■ 
 
 port 01 common schools, wliicn snail belong, m common, to 
 
 Of what to the people of this state; which shall consist of the net amount 
 of the money which heretofore has been, or hereafter may be, 
 paid into the state treasury, from the sales of the lands com- 
 monly called the salt lands, and such donations, legacies and 
 devises, as may be made to such fand, or to any person or
 
 75 
 
 persons, in trust for the same. And the state of Ohio is State pledged 
 ,,,-,- , . ,, for the inter- 
 
 hereby pleaged. to pay the interest, annually, on any and all est. 
 
 sums of money which shall have been, or may hereafter be, 
 
 paid into such treasury, from the passage of this act, or the 
 
 receipt of such money into the treasury aforesaid ; and the Intprest fund- 
 . . . . ed uutil ld35. 
 
 interest arising as aforesaid, shall be funded annually, until 
 
 the first day of January, in the year eighteen hundred and 
 thirty -five ; after which time the said interest shall be annu- 
 ally distributed to the several counties in this state, in propor- 
 tion to the number of white male inhabitants above the age of 
 twenty-one years, as by law shall be ascertained, for the ap- 
 portionment of representatives; and the proportion of interest, How distrib- 
 due to each and every such county, shall be distributed for ward, 
 the support of common schools, in the respective counties, in 
 the manner prescribed in the act to provide for the support 
 and better regulation of common schools. 
 
 [The balance of the chapter is probably superseded by the 
 act organizing the sinking fund. The provisions are retained 
 in Swan's Eevised Statutes. 
 
 It is also questionable whether the state common school 
 fund, organized in section 6, is in existence. If so, the act of 
 March 6, 1844, adds to it " all moneys arising from licenses to 
 peddlers, all moneys arising from auction duties, or licenses to 
 auctioneers, except in the county of Hamilton ; and all fines 
 and penalties collected under the laws relating to each of said 
 funds;" but the same act limits the fund, however derived, to 
 $200,000. 
 
 The doubt grows out of the language of section 63 of the 
 general school act (chapter i, ante), namely : "The state com- 
 mon school fund shall hereafter consist of such sum as will be 
 produced by the annual levy and assessment of one mill and 
 one-half mill on the grand list of taxable property," etc. The 
 late revisors, Swan and Curweu, regard those provisions as 
 yet in force, and the repeal is exclusively by implication. 
 The following act stands on the same footing:*] 
 
 « See Swan's Revised Statutes, 853-4.
 
 76 
 
 CHAPTER XVII I. 
 
 An act to increase the general fund for the support of common schools, estab- 
 lished by the sixth stetion of the act to establish a fund for the supp rt of 
 common schools, passed March 2, IfcSl, by the appropriation of the proceeds 
 of the swamp lands to that fund. 
 
 [Passed March 24, 1849, XLIX vol. £tat. 40.] 
 
 Proceeds of SECTION 1. Be it enacted hy the General Assembly of the 
 
 lan^d8°toTie°^^ yS'ta/e of Oliio^ That the net proceeds which may hereafter be 
 commorT P^^^ ^^^^ ^^® '&\.^'iQ treasurj, from the sales of swamp lands 
 
 echool fund, granted to the state of Ohio, by act of congress, passed Sep- 
 tember 28th, 1850, be, and the same is hereby appropriated to 
 the general fund for the support of common schools ; and the 
 state of 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 aris- 
 ing as aforesaid, shall be funded annually, until the first day 
 of January, in the year eighteen hundred and fifty -five ; after 
 which time the said interest shall be annually distributed to 
 the several counties in this state, in proportion to the number 
 of white male inhabitants above the age of twenty-one, as by 
 law shall be ascertained, for the apportionment of representa- 
 tives ; 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 manner prescribed 
 in the " act to provide for the support and better regulation of 
 
 common schools." 
 
 JOHN F. MORSE, 
 
 Speaker of the House of Representatives. 
 
 CHARLES C. CONVERS, 
 
 • ^ Speaker of the Senate.
 
 77 
 
 CHAPTER XIX. 
 
 THE IRREDUCIBLE OR SPECIAL SCHOOL FUXDS. 
 
 These now constitute a capital of $2,0-14,056,* the proceeds of specific 
 appropriations of lands hj congress for school purposes, upon which the 
 state treasury pays an annual interest of six per cent. This income is not 
 distributed by a uniform rule, however. Those territorial divisions of the 
 state, known as the Virginia Military District, United States Military Dis- 
 trict, and Connecticut Western Eeserve, are each entitled to receive the 
 income of the school fund so designated, in proportion to the whole num- 
 ber of youth therein, while in the remainder of the state, the rent of sec- 
 tion sixteen, or the interest arising from the proceeds of its sale, is paid 
 exclusively to the inhabitants of the original surveyed townships. The 
 whole number of youth of school age in the Yirginia Military District, 
 for instance, constitutes the divisor of the entire income, thus affording an 
 obvious method of distribution to the counties ; while a similar calcula- 
 tion must attend the apportionment to the respective townships of the 
 proceeds of section sixteen. Besides the inconvenience from this state of 
 things, there is produced a great inequality of benefit. One township 
 may receive a large sum — their section of land having been fortunately 
 located or judiciously sold — while an adjacent township receives a mere 
 pittance. Still, it is doubtful whether there is any remedy for this in- ■ 
 equality. In Indiana, an attempt was recently made to consolidate these 
 township funds, distributing their income equally throughout the state ; 
 but the supreme court of the state decided that such a measure was a vio- 
 lation of the trust created by the tenure of these lands from congress, or 
 (to reverse the injunction of the Ohio constitution) that "the income 
 arising therefrom," was not "faithfully applied to the specific objects of 
 the original grants or appropriations." 
 
 The ground upon which the diversity in the application of these funds 
 rests, will more fully appear by a brief synopsis of the original grants or 
 appropriations ; for, at the first glance, it excites surprise that such an in- 
 congruity should be suffered to continue in the condition of our school 
 funds. 
 
 The ordinance of the continental congress which first provided for the 
 disposition of lands northwest of the river Ohio, was passed May 20th, 
 1785, and resulted in the survey of the seven ranges, which arc bounded 
 
 *1854.
 
 78 
 
 on tlie nortli by a line drawn due west from the Pennsylvania state line, 
 where it crosses the Ohio river, for the distance of forty-two miles ; thence 
 south to the Ohio river at the southeast corner of Marietta township, and 
 thence up the river to the place of beginning. This tract comprises all 
 of Jefferson, Harrison, Belmont and Monroe counties, most of Carroll, and 
 small portions of Columbiana, Tuscarawas, Guernsey, Noble and "Wash- 
 ington, along their eastern boundaries. The ordinance of 1785, among 
 other reservations, withheld from sale "Lot No. 16, of every township, 
 for the maintenance of public schools ivithin the said township.'''' 
 
 The contracts first executed with the Ohio Company, included the entire 
 territory between the west line of the seven ranges, the Ohio and Scioto 
 rivers, and the northern boundary of the tenth township from the Ohio 
 river extended westwardly to the Scioto. The last mentioned boundary 
 would now be a line passing through the centre of Coshocton county, and 
 including the southern tiers of townships in Tuscarawas and Knox coun- 
 ties. The government stipulated, and the company agreed, that "the Lot 
 No. 16, in each township, he given pterpetuaVy for the purposes containedin 
 the said ordinance of the 20lh of May, 1785." - The purchase of the Ohio 
 Company was finally restricted to a tract bounded on the south by the 
 Ohio, east by the seventh range of townships, by the western line of the 
 fifteenth range of townships on the west, and a line on the north so 
 drawn as to make seven hundred and fifty thousand acres, exclusive of 
 reservations. The company finally became possessed of 964,285 acres, 
 lying along the Ohio river, and now including Meigs and Athens, most of 
 Washington and Gallia, and adjacent fractions of Morgan, Hocking, Yin- 
 ton, and Lawrence counties. 
 
 The reservation in the Symmes' Purchase was likewise expressed, "of 
 Lot No. 16, for the purpose mentioned in the land ordinance of the 20th 
 of May, 1785." Symmes' contract was originally for a million of acres 
 between the Great and Little Miami, but the tract finally conveyed in 
 1791 was bounded on the north by a line connecting those streams, a little 
 above Lebanon, in Warren county, and contained 811,682 acres. 
 
 In 1802, congress passed an act authorizing the organization of the state 
 of Ohio, and, among other inducements for a provision exempting lands 
 sold by the United States from taxation for a period of five years, pro- 
 posed " that the section No. 16, in every township, and where such sec- 
 tions had been sold, granted, or disposed of, other lands equivalent there- 
 to, and most contiguous to the same, shall be granted to such township for 
 the use of schools."
 
 79 
 
 So far, certainly, tlie language of grants seems to imply separate town- 
 ship funds, but the next stage of the question recognizes a different kind 
 of dedication. The Ohio convention accepted the proposition of congress, 
 but with an important condition, as follows: " Provided, the following 
 addition to, and modification of the said propositions, shall be agreed to by 
 the congress of the United States, viz : that in addition to the first propo- 
 sition securing the said section, number sixteen, in every township within 
 certain tracts, to the inhabitants thereof, for the use of schools, a like 
 donation, equal to the one thirty-sixth part of the amount of the lands in 
 the United States Military Tract, shall be made for the support of schools 
 within that tract ; and that the like provision shall be made for the sup- 
 port of schools in the Virginia Reservation, so far as the unlocated lands 
 in that tract will supply the provision aforesaid, after the warrants issued 
 from said state have been satisfied ; and also that a donation of the same 
 kind, or such provision as congress shall deem expedient, shall be made 
 to the inhabitants of the Connecticut Reserve ; that of all the lands which 
 may hereafter be purchased of the Indian tribes by the United States, and 
 lying within the state of Ohio, the one thirty-sixth part shall be given, as 
 aforesaid, for the support of public schools ; that all lands before mention- 
 ed to be appropriated by the United States for the support of schools, 
 shall be vested in the legislature of said state, in trust, for said pur- 
 pose." 
 
 Congress, by act of March 3, 1803, assented, enacting (section one) that 
 the tracts therein described were "appropriated for the use of schools in 
 the state, and shall, together with all the tracts of land heretofore appro- 
 priated for that purpose, be vested in the legislature of the state, in trust, 
 for the use aforesaid, and for no other use, intent, or purpose whatever." 
 The same section proceeds to grant eighteen quarter townships, or one 
 thirty -sixth of the lands in the United States Military District, "for the 
 use of schools within the same;" secondly, fourteen quarter townships, 
 also situated in the United States Military District, "for the use of schools 
 in that tract commonly called the Connecticut Reserve ;" thirdly, so much 
 of the Virginia MiHtary Reservation, to be selected by the Ohio legislature 
 from unlocated lands therein, as would amount to one thirty -sixth of the 
 whole tract ; and fourthly, (v/hich is the last clause of the first section), 
 "one thirty-sixth part of all the lands of the United States lying in the 
 state of Ohio, to which the Indian title is not extinguished, which may 
 hereafter be purchased of the Indian tribes by the United States, which 
 thirty-sixth part shall consist of section sixteen in each township, if the
 
 80 
 
 said land shall be surveyed in townsliips of six miles square, and sliall, if 
 the lands be surveyed in a different manner, be designated by lots." The 
 second section declared "that the several appropriations for schools made 
 by the preceding section," were "in conformity to, and in consideration 
 of, the conditions agreed on by the state of Ohio, by the ordinance of the 
 convention of the said state, bearing date the 29th day of November, 
 1802." 
 
 Whatever may be the construction of the ordinance of 1785, of the sub- 
 sequent contracts with the Ohio Company and John Cleves Symmes, and 
 of the seventh section of the act of congress of April 30, 1802, there 
 seems to have been no question as to the meaning of the Ohio convention 
 and of congress, in regard to the school lands appropriated for the United 
 States Military District, the Virginia Military District, and the Connecti- ' 
 cut Western Eeserve. But if the proceeds of these grants can be prop- 
 erly treated as a single fund, the income of which may be distributed I 
 equally to the youth of school age in the respective districts, why may 
 not the grant of one thirty-sixth of the lands to which the Indian title 
 was unextinguished in 1802, be disposed of in the same manner ? That 
 portion of the state which might be denominated the (jreenville Treaty 
 District, from the well-known boundary which then separated the Indian | 
 Territory from the lands ceded in 1795 to the United States, can readily 
 be identified on any map of the state, and is recognized by the fourth 
 clause of the first section of the act of congress, passed in compliance with 
 the resolution of the Ohio Constitutional Convention, to be as distinctly a 
 separate district, for the purpose of a grant of school lands, as the Virginia 
 Military or other special districts. If the funds arising from the donations 
 to the latter can be legally consolidated, and their incomes distributed ^er 
 capita^ no good reason appears why all the counties between the United 
 States Military District and the Western Eeserve, and north-west of the old 
 Greenville line — including Wayne, part of Holmes, Ashland, Kichland, 
 part of Morrow, Marion, Hardin, Union, Logan, Shelby, Mercer, Crawford, 
 Seneca, Sanduskj^, Ottawa (except one towship in Western Reserve), Lucas, 
 Wood, Hancock, Auglaize (except part of one township in Virginia Mili- 
 tary District), Allen, Putnam, Henry, Fulton, Williams, Defiance, Pauld- 
 ing and Van Wert counties — should not be placed on an equal footing as 
 to the enjoyment of a school fund arising from the sale or lease of section 
 sixteen ; although, if the rest of the state, whose donations are of an 
 older date, are permitted to receive these proceeds by the rule of township 
 distribution, it may be inexpedient to make any change in the existing
 
 81 
 
 system. These particulars are not offered as the foundation of any recom- 
 mendation to that effect. The subject is too much environed by difficul- 
 ties, and these have been too fully considered by the general assembly, to 
 warrant any change, unless upon greater consideration than the under- 
 signed has been able to give to the subject. 
 
 By act of March 2, 1807, congress appropriated eighteen quarter town- 
 ships and three sections, to be selected by lot from lands lying between 
 the United States Military Tract and the Western Eeserve, for the use of 
 schools in the Yirginia Military Eeservation — ^thus removing a restriction 
 contained in the act of 1803, which confined their selection to the Vir- 
 ginia Military District. In return the State of Ohio released to the United 
 States the thirty-sixth part of the tract first designated, accepting the 
 above grant in lieu thereof. It may be well to add that the Yirginia 
 Military District (or the tract between the Scioto and Little Miami, reserved 
 by Yirginia from her cession of the territory north-west of the Ohio river 
 for the satisfaction of land bounties issued to her troops upon Continental 
 establishment), may be traced upon a township map of Ohio as follows : 
 It includes the whole of Adams, '^Brown, Clermont, Clinton, Fayette, 
 Highland, Madison and Union counties ; half of Hardin, or Taylorsville, 
 Hale and Dudley townships, and a large portion of Eoundhead ; part of 
 a single township (Goshen) in Auglaize ; one half of Logan, or Eush 
 Creek, Bokengehelas Creek, Jefferson, Perry, Zane, and Goshen town- 
 ships, with large fractions of McArthur, Monroe, and Lake, and a smaller 
 portion of Stokes; one quarter of Champaign, or Wayne, Eush and 
 Goshen townships, with a large part of Union, and a less fraction of 
 Salem; the north-east and south-east extremities of Clark, being the 
 eastern portions of Pleasant and Harmony and the southern portions of 
 Madison and Greene townships ; three-fourths of Greene, or aU of the 
 county except Bath and Beaver's Creek townships, and those portions 
 of Miami, Xenia and Miami which lie west of the Little Miami river ; 
 two-fifths of Warren, or Hamilton, Salem, Washington, and part of 
 Wayne townships ; a single township (Anderson) at the south-east angle 
 of Hamilton; two-fifths of Scioto, viz: Nile, Washington, Union, Brush 
 Creek and Morgan townships ; three-fifths of Pike, \dz : Camp Creek, 
 Sunfish, Mifilin, Perry, Pebble, Benton, Peepee, and the west half of 
 Jackson townships ; two-thirds of Eoss, viz : Franklin, Huntington, Pax- 
 ton, Scioto, Twin, Paint, Buckskin, Concord, Union and Deerficld town- 
 ships ; two-thirds of Pickaway, viz : Wayne, Deer Creek, Perry, Jackson, 
 Monroe, Muhlenberg, Darby and Scioto ; seven of the nineteen townships 
 
 6
 
 82 
 
 of Franklin, viz : Jackson, Pleasant, Prairie, Franklin, Norwicli, Brown, 
 and Washington ; a narrow belt along the west line of Delaware, to- wit : 
 tlie townships of Thompson and Scioto, and a fraction of Concord : and 
 finally, the two south-western townships of Marion, viz : Green Camp and 
 Bowling Green — to the place of beginning "in a large wet prairie, or 
 swamp," whence flow, in opposite directions, the Scioto and Great Miami 
 towards the Gulf of Mexico, and the Auglaize northwardly to its junction 
 with the Maumee or Miami of Lake Erie. The sale of the school lands 
 allotted to the inhabitants of the Yirginia Military District, occurred in 
 pursuance of acts passed by the General Assembly in 1827 and 1828. 
 
 The United States Military District, so frequently mentioned in the 
 present connection, was appropriated by an act of Congress, in 1796, to 
 satisfy the land bounties granted by the Continental Congress to the offi- 
 cers and soldiers of the revolution. It was bounded as follows: "begin- 
 ning at the north-west corner of the original seven ranges of townships 
 and running thence fifty miles due south along the western boundaries of 
 the said range ; thence due west with (to ?) the main branch of the Scioto 
 river ; thence up the main branch of the said river to the place where the 
 Indian boundary line crosses the same ; thence along the said boundary 
 line to the Tuscarawas branch of the Muskingum river at the crossinsr 
 place above Fort Laurens ; thence up said river to a point where a line 
 run due west from the place of beginning will intersect the said river ; 
 thence along the said line to the beginning." The language here quoted 
 is from the act of June 1, 1796, and is geographically inaccurate, for when 
 the old Greenville line (the Indian boundary mentioned) reaches the site 
 of Fort Laurens (near the villages of Calcutta, on the southern border of 
 Stark, and of Bolivar, in Tuscarawas counties) there is no need of ascend- 
 ing the Muskingum to reach a point due west from the place of beginning. 
 A few miles from the site of Fort Laurens, directly east connects with the 
 north-east corner of the seventh range of townships. The act further 
 directed this tract to be surveyed into townships of five miles square ; and 
 these were afterward surveyed into quarter townships of two and a half 
 miles square, containing 4,000 acres each. Consequently the grant to the 
 United States Military District of eighteen of these quarter townships, 
 contained in the act of 1803, amounted to 72,000 acres, or about one 
 thirty-fourth of the whole extent of the District. The appropriation to 
 the Connecticut Reserve by the same act, of fourteen quarter townships, 
 or 56,000 acres, was, of course, inadequate ; while the subsequent allot- 
 ment of eighteen quarter townships, and three sections within this tract
 
 83 
 
 for tlie benefit of the Virginia Military District may have amounted, 
 together with other locations made between the Scioto and the Little 
 Miami, from 1803 to 1807, to the proportion of one thirty-sixth of the 
 lands in the latter tract. 
 
 The school lands originally granted to the United States Military 
 District, remained under lease until 1827-8, when the inhabitants were 
 authorized to vote their consent to sell them, which was done, and their 
 proceeds now constitute a portion of the irreducible fund. The district 
 entitled to a uniform division of their yearly income may thus be desig- 
 nated on the map of Ohio : Tlie whole of Coshocton county, and the fol- 
 lowing fractions, greater or less, of the adjacent counties ; of Tuscarawas, 
 all except most of "Warren and Union, and smaller portions of Will and 
 Eush townships; of Guernsey, all except Londonderry and Oxford on 
 the eastern, and Spencer on the southern border ; of Noble, only Sections 
 19, 20, 21 and 22 in township one, range one west of the seven ranges; 
 of Muskingum, whatever lies north of the latitude of Zanesville, viz : 
 Union, Perry, Washington, Falls, Hopewell, Highland, Salem, Muskingum, 
 Licking, Monroe, Adams, Madison, Jefferson and Jackson : of Holmes, 
 all but Washington and Eipley, and portions of Prairie, Salt Creek, 
 Paint, Knox and Monroe ; of Licking, all but Etna and Bowling Green, 
 and parts of Union and Licking, which constitute its southern border ; of 
 Knox, all but a narrow wedge extending from west to east along the north- 
 ern line of Middleberry and Berlin; about half of Morrow, viz: Chester 
 Bloomfield, Harmony, Bennington, Pern, Lincoln, Westfield and part of 
 Franklin townships ; most of Delaware, all except the narrow belt west of 
 the Scioto ; and of Franklin, the north-eastern townships of Jefferson, 
 Mifflin, Clinton, Plain, Blendon, Sharon and Perry. 
 
 The donation of 56,000 acres for the use of Schools on the Western 
 Reserve, was probably one thirty-sixth of the land east of the Cuyahoga 
 river ; but when, in 1805, the Indian title was extinguished by the treaty 
 of "Fort Industry, on the Miami of the Lake," cast of the meridian line 
 drawn from Lake Erie along the western limit of the Connecticut Reserve, 
 and thence south to the Greenville line, it became the duty of Congress 
 to furnish a due proportion of School Land for the remainder of the 
 Reserve — which was estimated by a memorial of the Ohio Legislature, 
 dated January 21, 1827, to be 43,000 acres. It was not, however, until 
 June 19, 1834, that an act of Congress was passed, directing the Presideat 
 of the United States to reserve from sale public lands in Ohio sufficient, 
 in addition to the grant of 1803, to constitute one thirty-sixth of the area of
 
 84 
 
 the "Western Eeserve for the use of schools. Under this act it was ascer- 
 tained that the State of Ohio became entitled to 87,758 acres, most of 
 which was located in the counties of Defiance, Henry, "Williams, Paulding, 
 Yan "Wert and Putnam ; in 1848 the people of the Western Eeserve, by 
 a vote authorized by the General Assembly, decided in favor of their 
 sale ; in 1850 provision was made for their appraisement and sale, and the 
 lands in question are now generallv disposed of. An income of six per 
 cent., upon their net proceeds, is paid to the counties of Ashtabula, 
 Trumbull, Lake, Geauga, Portage, Cuyahoga, Medina, Lorain, Huron and 
 Erie ; to ten townships of Mahoning, viz : Berlin, Ellsworth, Canfield, 
 Boardman, Poland, Milton, Jachson, Austintown, Youngstown and Coit- 
 ville ; to all of Summit, except Franklin and Greene townships ; to three 
 townships of Ashland, viz : Euggles, Troy and Sullivan ; and the eastern 
 extremity of Ottawa, consisting of Banbury township, and a portion of 
 the Bass Islands in Lake Erie. 
 
 The Moravian School Fund is usually mentioned in financial and school 
 reports. Congress, at an early day, granted three tracts of four thousand 
 acres each to the Society of United Brethren, for propagating the gospel 
 among the heathen, in trust for the Christian Lidians of the Muskingum. 
 These tracts included the Missionary Stations of Schoenbrum, Guadenhut- 
 ten and Salem in Tuscarawas county, and were re-conveyed in 1824 to the 
 United States, in consideration of certain provisions for the benefit of the 
 society and the remnant of Indians then surviving. By an act of con- 
 gress, passed the same year, the secretary of the treasury was allowed to 
 set apart from the sale of these lands, one lot not exceeding one thirty- 
 sixth part of each tract, the title being vested in the Legislature of Ohio in 
 trust for the use of schools, in the same manner that other lands have been 
 granted for that purpose. 
 
 By a communication from the auditor of state, it appears that the total 
 amount of payments into the state treasury, on the 15th November, 
 1854, constituting the school trust fuud, or the bulk of the "irreducible 
 debt of Ohio," was as follows : 
 
 Virginia Military School Fund $150,150 85 7 
 
 United States " " 120,272 12 
 
 West. Eeserve " " 242,818 00 3 
 
 Section Sixteen 1,527,940 98 1 
 
 Moravian 2,873 97 
 
 $2,044,055 93 1 
 
 As before stated, the state receives these funds as a perpetual loan, and
 
 85 
 
 pays an annual interest of six per cent, thereon for distribution in the 
 localities entitled to the proceeds. 
 
 A SYNOPSIS OF OTHER SCHOOL REVENUES — FINES, SWAMP LANDS, ETC. 
 
 A brief synopsis of legislative provisions, with the dates of their passage 
 annexed, will indicate those pecuniary penalties, which, by the neglect of 
 school olficers, are frequently diverted from the use of schools ; and which, 
 if an account was rendered in the different counties and townships of the 
 state, might afford a considerable fund of arrearages. 
 
 The following is a list of the fines, which the different acts, whose dates 
 are given, direct to be paid into the county treasuries for the use of schools : 
 
 1. One dollar for the importation or sale of salt, without legal inspection 
 at Cincinnati, Portsmouth, or Cleveland — February 3, 1840. 2. Not 
 exceeding five hundred dollars for procuring abortion — February 27, 1834. 
 3. One hundred dollars by county treasurer for failing to make annual 
 settlement with state treasurer — January 3, 18-43. 4. Not exceeding one 
 hundred dollars for wantonly or maliciously opening inclosures — February 
 28, 1846. 5. Five dollars for every hundred pounds of fish, except shad, 
 mackerel or herring, sold without inspection — March 9, 1831. 6. Five 
 to fifty dollars for failing to bury or burn the offal of fish, taken in the 
 waters of this State, to the amount of one or more barrels — March 9, 1831. 
 7. Five hundred dollars for keeping gambling instruments, aiding in gam- 
 bling or becoming a common gambler — January 17, 1846. 8. Not exceed- 
 ing fifty dollars by county inspectors for receiving more than their pie- 
 scribed fees or buying condemned articles^March 9, 1821. 9. Not 
 exceeding ten dollars for obstructing the navigation of the Muskingum 
 river — March 1, 1834. 10. Not exceeding ten thousand dollars by any 
 officer or corporation, who is in contempt for disregarding orders of court 
 in quo ivarranto procedure — March 17, 1838. 11. Fifty cents by manu- 
 facturers of salt for each barrel not drained and packed according to 
 law — April 30, 1852. 12. One-half of amount received by county audi- 
 tors (the other half applied to agricultural fund by act of February 8, 
 1847) for licenses of "any traveling show" — (further defined as '-'any 
 natural or artificial curiosity or exhibition of horsemanship in a circus or 
 otherwise, for any price, gain or reward") — at not less than twenty nor 
 more than fifty dollars ; also, one-half of fines of one hundred dollars for 
 exhibiting without such license — auditor to apportion the above proceeds 
 to the respective school districts (now the townships and special districts) 
 according to the number of youth therein — February 28, 1831, amended 
 by act of February 8, 1847. 13. The amount of any debt or demand
 
 86 
 
 upon wliicli any bank shall have taken illegal interest, less the per centage 
 of the prosecuting attorney, provided the debtor has not commenced pro- 
 ceedings within six months from the transaction — March 19, 1850. 
 
 The fines payable to township treasurers for the use of schools are as 
 follows : 
 
 1. Five to fifty dollars for unauthorized traffic near camp meetings — 
 March 26, 1811. 2. Ten dollars for allowing Canada thistles to mature on 
 defendant's land, and twenty dollars for knowingly vending any grass or 
 other seed in which there is any seed of the Canada thistle — March 6, 
 1814. 3. Divers penalties under the act to restrain immoral practices, 
 passed February 17, 1831, viz: one to five dollars for Sabbath breaking; 
 five dollars for selling spiritous liquors on Sunday ; not exceeding twenty 
 dollars for disturbing religious meetings ; twenty-five cents to one dollar 
 for each offense, "if any person of the age of fourteen years or upward 
 shall profanely curse or damn, or profanely swear by the name of God, 
 Jesus Christ, or the Holy Ghost;" fifty cents to five dollars for exciting 
 disturbance at a public meeting ; fifty cents to five dollars for playing bul- 
 lets, running horses, or shooting at a target in towns or villages ; ten to 
 one hundred dollars by any keeper of a public house or retailer of spirit- 
 ous liquors who is connected with a nine pin alley; ten dollars "if any 
 person or persons shall exhibit any puppet show, wire dancing or tumbling, 
 jugglery or sleight-of-hand within this state, and shall ask and receive 
 any money or other property for exhibiting the same;" ten dollars for 
 defacing any advertisement set up by authority of law ; not exceeding one 
 hundred dollars for bull or bear baiting and other torture of animals ; not 
 exceeding twenty dollars for any agency in "the game commonly called 
 cock fighting ;" one to five dollars "if two or more persons shall run a 
 match horse race or races in any public road in common use for the pur- 
 pose of trying the speed of their horses;" and if any justice of the peace 
 fail to pay over the above fines for immoral practices he shall forfeit double 
 amounts. 4. Five to fifty dollars for firing cannon or exploding more 
 than five ounces avoirdupois of gunpowder on public streets or highways, 
 except in certain cases — February 10, 1815. 5. One dollar for each musk- 
 rat killed between May 1 and October 15, "provided that nothing in this 
 act contained shall be construed to prevent any person from destroying 
 muskrats where the same shall be injurious to works of a public or private 
 nature" — "An act to protect the far trade," passed January 18, 1830. 6. 
 Fifty dollars for unlicensed peddling — February 7, 1818. 7. Five to fifty 
 dollars by manufacturers who compel any women or children under
 
 87 
 
 eighteen years of age, or permit any child under fourteen years, to labor 
 more than ten hours in any one day — March 19, 1852. 8. Twenty-five 
 cents to one dollar by owner of " habitually breachy or unruly animals," 
 after due notice by township trustees, payable to "the treasury of the 
 school district in which defendant resides" (now the township treasury) — 
 January 17, 1840. 9. Five to twenty-five dollars by any tavern keeper, 
 grocery keeper, or other person, for harboring any intoxicated Indian or 
 Indians, "for the use of the school district" — March 20, 1840. 
 
 By act of March 14, 1853, personal property escheated to the state is 
 appropriated to common schools. 
 
 In respect to the swamp lands granted by the general government to 
 the western states, by the act of September 28, 1850, the allotment to 
 Ohio was only 25,720yJo acres, while Indiana receives l,286,827jVu acres. 
 This contrast proves the extent to which Ohio lands are susceptible of 
 cultivation, or that the designation of "swamp lands " has not been applied 
 with much precision, or governed by an uniform rule. 
 
 The legislation by the state of Ohio assumes that these lands are in a 
 condition unsuitable for tillage and deleterious to health, and the acts of 
 March 2, 1853, and April 25, 1854, offer inducements for promptly 
 reclaiming them. The auditors of the counties in which they are situated, 
 are required to advertise for proposals to drain and reclaim such lands, 
 and award the contract of drainage and reclamation to the lowest respon- 
 sible bidder. A previous section provides for the appraisement of the 
 land hefore they have ieen drained aud reclaimed^ and the only means set 
 apart by the act to pay for such drainage consists of " said lands lying 
 in said county at the appraised value thereof." The first eight sections of 
 the act of 1853 contemplate that, after the lands are reclaimed, they may 
 be taken at the appraised value before reclamation to the amount of the 
 contractor's bid; and then section 9 adds "that if after the said swamp or 
 overflowed lands of this state, lying within any county, be drained or 
 reclaimed as herein provided, there shall remain any of the said lands 
 undisposed of, it shall be the duty of the county commissioners of such 
 county to appraise the same, and make returns of such appraisal as afore- 
 said ; upon the filing of such returns in his oflice, the said county auditor 
 is hereby authorized to sell the said lands at the appraised value thereof 
 to any applicant therefor, who will make an oath or afiirmation that it is 
 his intention to improve the same and make the same a permanent resi- 
 dence, or that the same adjoin to and are necessary to the proper improve- 
 ment of lands then owned and improved by such applicant, which said 
 oath or affirmation the said county auditor is hereby authorized to admin-
 
 88 
 
 ister ; and in all eases of sales, as prescribed in this section, tlie said county 
 auditor shall receipt to the purchaser for the amount of money received, 
 and describe therein the lands sold, which said receipt, upon presentation 
 and delivery to the governor, shall entitle the purchaser to a patent for 
 such land ; provided, that such of said swamp or overflowed lands as are 
 incapable of being drained or reclaimed, may be sold without the oath or 
 affirmation hereinbefore required. 
 
 Two years is the period fixed for the performance of these contracts of 
 drainage, and when companies have been formed for the purpose, the 
 work done by them may be estimated in money, and lands conveyed at 
 the appraised value. Section 10 finally provides "that all moneys received 
 by said county auditor upon all sales as aforesaid, shall be paid into the 
 county treasury of the county in which the lands sold are situated, to 
 reimburse the county for the expenditures of draining and reclaiming said 
 swamp or overflowed lands, and the residue, if any there ie, shall he paid hy 
 said county treasurers into the state treasury for the use of schools.^'' Under 
 these circumstances, it would be unreasonable to expect any material 
 addition to the resources of schools from a reversionary interest so con- 
 tingent.
 
 F0EM3. 
 
 MINUTES OF SUB-DISTEICT ELECTIGK 
 
 Sub-District, No. — , 
 
 Townsliip, i County, Gliio. 
 
 , 185—. 
 
 At a meeting of tlie qualified voters of said sub-district, — . 
 
 was appointed cliairman, and secretary. ' s 
 
 "Whereupon, said voters proceeded to elect by ballot, one director for 
 said sub-district, for the term of three years, and upon inspection^ of the 
 several ballots given at said election, it was found and publicly declared, 
 that was duly elected. 
 
 ■ Secretary. Chairman. 
 
 NOTICE OF SUB-DISTRICT MEETINa. 
 
 '^Notice is hereby given to the qualified voters of sub-district number 
 
 township, • county, Ohio, that the next annual election 
 
 for director in said sub-district, will be held at the school-touse in said 
 
 sub-district, at o'clock, P. M., of the day of , 185 — . 
 
 By order of the Directors, 
 
 Clerk. 
 
 OATH OF DIRECTOR. 
 
 On the — day of , 185 — , personally appeared , and I 
 
 then, and there administered to him the following oath {or ajjirmation :) 
 
 * This notice may be varied to serve for a special meeting imder Sec. 4, by omitting the con- 
 clusion.
 
 90 
 
 You, , do solemnly swear {or affirm) tliafc you will support 
 
 tlie 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, according to law, and the best of your abilities. 
 
 Director in said Sub-district 
 
 APPOINTMENT OF DIRECTOR BY TOWNSHIP CLERK. 
 
 .* • ,18-. 
 
 "Whereas, , one of the directors in sub-district, number 
 
 township, county, Ohio, has resigned, {died^ or 
 
 ' • 
 
 'refused t4 seri^'d'c., as the case may he.) 
 
 Therefore, I do appoint director in said sub-district, who 
 
 shall hold his office until the time of the next annual meeting. 
 
 Toivnship Cleric of said Township. 
 
 SUB^ISTRICT MEETING— APPOINTMENT OF CLERK, &c. 
 
 ■ ,—,18-. 
 
 The directors of sub-district No. — , township, county, 
 
 Ohio, this day met, and were legally qualified as directors. 
 
 Wherei'pon* was appointed clerk of said district. 
 
 On motion, it was Resolved^ &c. ■ , Clerk. 
 
 FORM Of'aGREEMENT BETWEEN DIRECTOR AND TEACHER. 
 
 This memorandum of agreement made the day of , 
 
 eighteen hundred and fifty , between a school teacher of 
 
 the one part, and , and as directors of sub- 
 district number , township ■ ■ county, Ohio, of the 
 
 other part; 
 
 WITNESSETH, That said ■ agrees to teach the public school of said 
 
 sub-district for the term of , commencing on the day of 
 
 , eighteen hundred and fifty , for the sum of per
 
 91 
 
 , and that for said services proper! j rendered, said and 
 
 as directors as aforesaid, are then and there to certify in favor of 
 
 said for the amount of wages due him, as ascertained by this article 
 
 of agreement. 
 
 Witness our hands. 
 
 Local Directors. 
 
 TEACHER'S CERTIFICxiTE FOR PAY. 
 
 , , 18-. 
 
 To tJte Clerh of Toiunship, County^ Ohio: 
 
 This is to certify, that , under a contract duly made and 
 
 entered into, taught a common school in sub-district No. , of said 
 
 township, from the day of , 185 — , to the — — day of 
 
 , 185 — , in all days, at 
 
 per month; and that there is due him for said service, the sum of 
 
 -,> Local Directors. 
 
 ORDER ON TOWNSHIP TREASURER FOR TEACHERS' PAY. 
 
 , , 18-. 
 
 /• • 
 
 No. 
 
 To the Treasurer of Toivnship, • County^ Ohio: 
 
 Pay dollars for services as 
 
 teacher in sub-district No. , of said township, from , 
 
 185 — , to , 185 — , in all days 
 
 per month. 
 
 , Township Clerh.
 
 92 
 
 DISMISSAL OF TEACEER. 
 
 "Whereas, It has been represented to ns tliat ' , wTio lias been 
 
 employed, and is now engaged in teaching a school in sub-district No. 
 
 — , • township, county, is negligent {or here insert any other 
 
 sufficient cause), as such teacher. And, whereas, we have become satis- 
 fied of the truth of said representation : or 
 
 Wheeeas, We have been required by the Board of Examiners of 
 
 county, to dismiss , now engaged as a teacher in sub-district 
 
 No. — , township, and county aforesaid, for the following causes : 
 
 {Here set forth the causes.) 
 
 Therefore, said ' is hereby dismissed as teacher as aforesaid. 
 
 Witness our hands, — , 185 — . 
 
 ) 
 
 Local Directors. 
 
 VISIT TO SCHOOL. 
 
 This day ihe undersigned, local directors in sub-district No. , 
 
 township, county, Ohio, in company with and 
 
 , who were invited for the purpose, visited the school in said sub- 
 district, taught by , and the following was the result of the 
 
 examination and visit : 
 
 They found, &c. {Here set forth the oinnion as to the management of the 
 schools, &c.) 
 
 ■ 1 f 
 
 Local Directors.
 
 93 
 
 CONTEACTS. 
 
 This memorandum of an agreement made tliis — day of , eighteen 
 
 hundred and fifty , between , of the one part, and 
 
 and 
 
 township, 
 
 -, as directors of sub-district ISTo. — , 
 
 county, Ohio, witnesseth. That said 
 
 agrees to 
 
 deliver" at the school-house in said sub-district, on or before the — day of 
 
 next, bushels of coal at a good quality, at cents per bushel. 
 
 And said , and , as trustees as aforesaid, are then and there 
 
 to certify in favor of said , for the sum due for said fael. 
 
 Witness our hands, &c.. 
 
 ', V Local Directors. 
 
 IfoTE — If not too lengthy, copies should ba furnished to the Board of Education, as all con- 
 tracts must be reported . 
 
 ENUMERATION 1. 
 
 Enumeration of youth between the ages of five and twenty-one years, residing in 
 sub-district number , township, the , 185 — . 
 
 
 
 
 
 » 
 
 
 ITames of Parents or 
 Guardians. 
 
 Names of Children. 
 
 Males. 
 
 Females. 
 
 Total 
 
 Number. 
 
 No. of See. in 
 
 ■which youth 
 
 reside. 
 
 
 White Youth. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Colored Youth. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 We hereby certify the above to be a correct list of the white and colored 
 
 youth in sub-district number , township, county, for 
 
 the year 185 — . , ) 
 
 -, 185—. 
 
 ; 1 
 
 Local Directors.
 
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 97 
 
 FORM OF DEED. 
 
 This Indenture, made the clay of one tliousand eight 
 
 hundred and fifty , between and his wife, of the 
 
 county of , in the State of Ohio, parties of the first part and 
 
 as township board of education of the township of , 
 
 county and state aforesaid, party of Ihe second part witnesseth, That the 
 
 said parties of the first part, in consideration of to them duly paid 
 
 before the delivery hereof have bargained and sold, and by these presents 
 do grant and convey to the said party of the second part, its successors 
 and assigns forever, (Jiere describe the premises)^ with the appurtenances and 
 all the estate, title and interest of the said parties of the first part therein. 
 And the said parties of the first part do hereby covenant and agree with 
 the said party of the second part, that the time of the delivery hereof, 
 the said parties of the first part were the lawful owners of the premises 
 above granted, and seized thereof, in fee simple absolute, and that they 
 will warrant and defend the above granted premises, in the quiet and 
 peaceful possession of the said party of the second part and its successors 
 and assigns forever. 
 
 In toitness whereof^ The said parties of the first part have hereunto set 
 their hands and seals, the day and year first above written. 
 
 Sealed and declared in presence of [seal.] 
 
 [seal.] 
 
 The State of Ohio^ County. 
 
 Personally appeared before me, and , his 
 
 wife, grantors in the above deed, and acknowledged the same to be their 
 
 voluntary act and deed, and the said being at the same 
 
 time examined by me, apart from her said husband, and the contents of 
 the above deed made known to her, she there declared that she voluntarily 
 signed, sealed and acknowledged the same, and that she is still satisfied 
 therewith. 
 
 Witness my hand and seal this ■ day of , A. D., 185 — . 
 
 Note. — The Board should carefully investigate the title to property before purchasing, and no 
 school house should be erected until a satisfactory title is obtained. The property should be 
 declared in the corporate name of the " Township Board of Education," and not in the name 
 of the directors.
 
 98 
 
 FORM OF LEASE. 
 
 This Indentuee, made the day of , one thousand eight hun- 
 dred and fifty — , between of the county of , in the state 
 
 of Ohio, of the first part, and the township board of education of the 
 
 township of , county and state aforesaid, of the second part, wit- 
 
 nesseth — that the said party of the first part, for the consideration here- 
 inafter mentioned has demised, granted and leased, and does hereby 
 demise, grant and lease, unto the said party of the second part, its suc- 
 cessors and assigns, (Jiere describe the 'premises)^ with all the privileges and 
 appurtenances thereunto belonging. To have and to hold the said 
 demised premises with the appurtenances, for and during the term of 
 
 from the day of , and the said party of the second 
 
 part for itself and assigns, agrees to pay the said party of the first part, 
 
 for the said premises the annual rent of dollars, in quarter yearly 
 
 installments, on the — — day of , respectively. 
 
 In testimony whereof^ The said parties have hereunto set their hands and 
 
 seals this day of , A. D., 18 — . [seal.] 
 
 In presence of — [seal.] 
 
 Chairman of the Board. 
 
 [seal.] 
 
 Clerh. 
 State of Ohio^ County. 
 
 Before me, personally appeared , grantor in the above 
 
 instrument, and acknowledged the same to be voluntary act and 
 
 deed fpr the uses and purposes therein mentioned. 
 
 In testimony lohereof I have hereunto subscribed my name, this 
 
 day of , A. D., 18—. 
 
 Note. — 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. 
 The time of paying rent ra^y be filled up according to contract. The consideration may be 
 money, or any thing else, and the form varied accordingly.
 
 99 
 
 APPOINTMENT OF ACTING MANAGER. 
 
 , 185—. 
 
 This day tlie Board of Education of townsliip, county, met, 
 
 and deeming it necessary, did appoint acting manager of 
 
 schools for said township, and empowered him to perform the following 
 
 duties : 
 
 1. To, &c. 
 
 By order of the Board. 
 
 ^ Clerk. 
 
 ASSIGNMENT OF SCHOLARS. 
 
 — , 185- 
 
 This day the board of education of township, county, met 
 
 and assigned scholars to primary schools in said township as follows : 
 
 To sub -district No. — 
 
 A. B. 
 
 C. B. 
 
 etc. 
 
 To. Sub-district No. — 
 
 E. F. 
 
 G. H. 
 
 etc. 
 
 By order of the Board. 
 
 , Clerk. 
 
 IfoTE. — A copy of the assignment to each sub-diatrict, is to be furnished to the Teacher.
 
 100 
 
 APPOINTMENT OF LIBEAEIAN. 
 
 , , 185—. 
 
 The board of education of township, county, has this 
 
 day appointed to act as librarian, and to take charge of the 
 
 school apparatus in sub-district No. — , of said township, for the term of 
 — year . 
 
 By order of the board. 
 
 ' , Clerk. 
 
 BOND OF LIBEAEIAN. 
 
 Know all men by these presents, that we and are held and 
 
 bound unto the State of Ohio in the sum of hundred dollars, for the 
 
 payment of which we jointly and severally bind ourselves, our and each 
 
 of our heirs, administrators and assigns. Sealed with our seals this 
 
 day of , eighteen hundred and fifty . 
 
 The condition of this obligation is such, that whereas the board of 
 
 education of township, county, on the day of , 
 
 eighteen hundred and fifty , appointed and authorized said to 
 
 act as Librarian and to take charge of the school apparatus in district 
 No. of said township. 
 
 Now, if said shall fiiithfdly, hohestly, and impartially, and in 
 
 accordance with such rules and regulations as may, from time to time, be 
 prescribed by said board, discharge his duty under and by virtue of said 
 
 appointment, for the term of year, and until his successor shall be 
 
 duly appointed, then this obligation shall be void, 
 
 , [seal ] 
 
 , [seal.] 
 
 Attest :
 
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 104 
 
 CENTEAL, OE HIGH SCHOOLS. 
 
 Notice is hereby given by the board of education of township, 
 
 county, that in the opinion of said board it has become desirable 
 
 to establish a central, or high school in said township ; that for such pur- 
 pose it is necessary to levy a tax of — mills to the dollar, {or say of 
 
 hundred dollars) and that on the day of , at — o'clock, — . — ., 
 
 there will be a meeting of the qualified voters of said township, at the 
 place of holding elections in said township, when and where important 
 questions will be submitted to the voters of said township, relative to the 
 cost and location of the building, and other provisions necessary for the 
 establishment of a central or high school in said township, and also the 
 amount of tax which shall be levied for the purpose. 
 
 , 185 — . By order of the Board. 
 
 , Cleric. 
 
 CEETIFIOATE OF ANNUAL ESTIMATES. 
 To the Auditor of County: 
 
 It is hereby certified by the board of education of township 
 
 that the entire amount of money necessary to be assessed on the taxable 
 projDerty of said township, and expended therein, for school purposes, as 
 directed in the 22nd section of the " act to provide for the reorganization, 
 supervision and maintenance of common schools," passed March li, 1853, 
 is dollars, as follows : 
 
 For continuing school six months $ 
 
 For 
 
 -, 185 — . By order of the Board. 
 
 , Clerk. 
 
 OEDEE ON TEEASUEY. 
 
 No.—. ,18—. 
 
 To the Treasurer Township^ • County : 
 
 Pay , dollars, for . 
 
 By order of the Board. 
 $— , Clerh
 
 105 
 
 FORM OF A BOND FOR TOWNSHIP TEEASUEERS, AS TEEAS- 
 UEERS OF THE SCHOOL FUND. 
 
 Know all Men hy these Presents^ That wc, , , and , of 
 
 county, Ohio, are held and firmly bound, to the State of Ohio, in the sum 
 — dollars, for the payment of which we do jointly and severally bind 
 ourselves, our and each of our heirs and legal representatives. Sealed 
 
 with our seals and dated this — day of , in the year 18 — . 
 
 The condition of this obligation is, that, whereas, the said , was, 
 
 on the — day of — , 18 — , duly elected treasurer of township, 
 
 county. Now if said , as treasurer, shall faithfully disburse and pay 
 
 over, according to law, all such school or other fands, and moneys, as 
 shall, from time to time, come into his hands for school purposes, then 
 this obligation to be void ; otherwise to be and remain in full force. 
 
 • , [seal.] 
 
 , [seal.] 
 
 , [seal.] 
 
 Executed in presence of 
 
 Note. — TLis can readily be altered to apply to city treasurer, as provided in Sec. 34. 
 
 Certificate of Treasurer's Bond. 
 
 , 18-. 
 
 It is hereby certified that has executed and filed with me a bond 
 
 for the faithful disbursement, as a treasurer of township, 
 
 county, of all school funds that may come into his hands as such treasu- 
 rer ; which bond, dated April — , 18—, is in the penalty of dollars, 
 
 and has been approved by the trustees of said township. 
 
 Township Clerk said Township. 
 
 IfoTE —The above can be altered so as to apply to the eity treasurer's bond, provided for 
 in section 34.
 
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 109 
 
 VOUCnERS. 
 
 No. — . A. . , 18—. 
 
 Eeceived, , 185—, of , treasurer of township, 
 
 county, dollars, for services rendered as a teacher in sub-district 
 
 No. — , in said township, from the — day of , 185—, to the — day of 
 
 , 185 — ; in all days. 
 
 , Teacher. 
 
 FINAL RECEIPT OF TREASURER. 
 
 Received, , 185 — , of , late treasurer of township, 
 
 county, the following moneys and school property, to wit : 
 
 doUars, being part and parcel of the fund; also, &c. 
 
 , Treasurer. 
 
 APPOINTMENT OF SCHOOL EXAMINERS. 
 
 Office of Probate Judge, 
 — , — county, 0., — , 185. — . 
 
 Being satisfied that — ■ — is a suitable person to act as a member of the 
 board of school examiners for this county, under the "act to provide for 
 the reoiganization, supervision, and maintenance of common schools," 
 passed March 1-1, 1853, 1 do hereby appoint him to said office for the term 
 of two years from date, and until his successor shall be appointed. 
 
 , Probate Judge. 
 
 TO TEACHERS. 
 
 The board of examiners of — county, Ohio, will hold a meeting at the 
 
 — of , in the , on — , — and — , the — , — and — days of — , 
 
 185 — , for the examination of teachers, under the "act to provide for the 
 
 reorganization, supervision and maintenance of common schools," passed 
 
 March 14, 1853. 
 
 By order of the Board, 
 
 , Clerk. 
 
 _ , 185 -.
 
 110 
 
 SCHOOL TEACHER'S CERTIFICATE. 
 
 No. — . Office of the Boaed of School Examiners, 
 
 — , — county, 0., , 18—. 
 
 This is to certify, tliat • lias been examined and found competent to 
 
 give instruction in orthograpliy, writing, arithmetic, grammar and geo':r- 
 raphy, — , — , — , and having exhibited satisfactory testimonials of good 
 moral character, — is authorized to teach these branches in any common 
 
 school within this county, for the term of from this — day of , 
 
 A. D. 18 — . By order of the Board, 
 
 Board of Examiners. 
 ; Clerk. ' 
 
 EEYOCATION OF TEACHER'S CERTIFICATE. 
 To the local directors of sub-district No. — , — township, — county, Ohio : j 
 
 Whereas, the board of examiners of said county, on the — day of — , 
 
 185 — , granted a certificate to , authorizing him to teach orthography, 
 
 &;c., for the term of — months, and he is now engaged as a teacher in said 
 sub- district: 
 
 And, whereas, it has been represented, and said board has become satis- 
 fied, that is an unfit person to be retained as such teacher, in conse- 
 quence of {here state the offense). 
 
 Therefore, you are hereby required to discharge and dismiss said 
 
 from his said employment. His said certificate is revoked. 
 
 By order of the Board, 
 
 , Clerk. 
 
 , 185—.
 
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 O
 
 CHAPTER XXL 
 
 ANSWERS TO QUESTIONS ON THE SCHOOL LAW. 
 
 Question 2. — How is the township clerk to be paid for making an ab- 
 stract of the enumeration returned to him ? 
 
 Answer. — Bj the township : as for other services of like nature 
 rendered as township clerk. 
 
 Question 3. — When the directors neglect to take the enumeration, and 
 the township clerk employs and pays a person to do it, how is the clerk 
 to reimburse himself? 
 
 Answer. — Charge the amount so paid in account with the township ; 
 and then proceed to collect it of the delinquent directors, and credit the 
 amount so collected to the school fand of the township. 
 
 Question 16. — Does the new school law vest in the directors of the 
 sub- district, or in the township boards, the right to prescribe the general 
 rules and regulations for the government of the primary or sub-district 
 schools? 
 
 Answer. — In the township boards, undoubtedly ; for although sec. 6 
 declares, that "it shall be the duty of the school directors, in each sub- 
 district, to take the management and control of its local interest and 
 aiiairs," etc., yet this duty must be performed under, and in obedience to 
 such rules and regulations as the township board may prescribe ; as in the 
 case of negotiating and making contracts in relation to providing fuel, 
 repairing buildings, or furnishing school houses, etc., as provided for in 
 sec. 7. A different construction of the law would defeat one of its most 
 important objects, viz : that of equalizing, as far as practicable, the educa- 
 tional privileges of the several sub-districts of the township, and prevent- 
 ing the numerous disparities incident to the old independent district system. 
 
 The law is very plain on this point ; for in sec. 13, it is declared that 
 "it shall also be the further duty of said board to jjrescribe rides and regu- 
 lations for the government of all comm.on schools within their jurisdic- 
 tion." Besides, sec. 11 makes them a body politic and corporate in law, 
 and vests in them, in their corporate capacity, the title, care and custody 
 of all school houses, school house sites, libraries, apparatus, and other
 
 113 
 
 property belonging to tlie scliool districts. It is evident, then, that their 
 right to prescribe rules, etc., for the direction and government of the sub- 
 districts, must be paramount, and that of the directors subordinate. 
 
 Question 17. — Are township boards authorized to appoint the town- 
 ship clerk the acting manager of schools for the township ? 
 
 Answer. — Undoubtedly; for sec. 10 declares, "that the township 
 board of education shall consist of the township clerk, and of the local 
 director from each sub-district of the township, who has been appointed 
 clerk in his sub -district;" and near the close of sec. 13, it is declared that, 
 "if the board deem it necessary, they may appoint one of their number 
 the acting manager of schools for the township," etc. The township 
 clerk, then, being constituted by the law a member of the board of edu- 
 cation, he may, unquestionably, be appointed the "acting manager." 
 
 Question 21. — Is each part of a fractional district entitled to three 
 directors, and a representative in the township board? 
 
 Answer. — Certainly not — for this would give to each part of such dis- 
 trict equal power with an entire district. This is evidently not in accord- 
 ance with the spirit of the law, or with the intention of its framers. The • 
 misapprehension has arisen from the language used in the first section : 
 " The several school districts and fractional parts thereof, which now are 
 or may hereafter be established in the several organized townships of the 
 state, shall be regarded as sub-districts, and be confided to the manage- 
 ment and control of local directors, as hereinafter provided." 
 
 By the expression '■^and fractional parts thereof^'' is meant those sub-dis- 
 tricts which contain territory lying in two or more townships. Hereafter, 
 for the sake of avoiding misapprehension, I shall designate such sub-dis- 
 tricts by the term joint sub-districts, and those sub-districts which lie 
 wholly in one township, by the appellation of entire sub-districts, or simply 
 suh-districts. 
 
 It was the intention of the law to declare all the old school districts to 
 be sub-districts. Of course, a school district, though composed of fractional 
 parts of adjoining townships, was still but one sub-district, and entitled to 
 elect, as provided in section 2d, " at the usual hour and place of holding 
 district meetings," but one set of local directors, composed of three persons 
 only — one of whom would be chosen clerk, and as such would be entitled 
 to a seat in the township board of education in that township in which 
 the school house might he located, no matter where the clerk might reside, so 
 that he be a resident within the limits of the school district. For school 
 purposes, he represents all the fractional parts of the sub-district, reside 
 8
 
 114 
 
 in wliicli fraction lie maj, in tlie board of education of tliat township in 
 wliicli the school house happens to be located. Sec 16. 
 
 Question 30. — Are members of township boards of education entitled 
 by law to compensation for their services ? 
 
 Answer. — The above question has been addressed to the commissioner 
 at least fifty times, and each time it has been answered, unhesitatingly, in 
 the negative. A proposition to pay them was voted down while the 
 school law was pending in the late general assembly. 
 
 Ofiicers created by the school law cannot claim an allowance for their 
 services, unless the law, in express terms, so declares. The reasons 
 assigned at the time the school law was under consideration, for not allow- 
 ing members of township boards of education a compensation for their 
 services, were the great number of salaried school officers that would 
 thereby be created, and the general belief that after a few years it would 
 not be necessary for such boards to meet more than twice in each year, 
 and that the management and supervison of the different schools, and the 
 educational interests of the township could be performed by the ^^ acting 
 manager ^''^ whom the board is authorized to appoint, and to whom " they 
 may allow a reasonable compensation for his services." Sec. 13. 
 
 Question 31. — Are township clerks entitled to remuneration for their 
 services as members of the township boards of education — or for making 
 and transmitting to county auditors, abstracts of the enumeration returned 
 to them— or for taking the enumeration in case the directors in any sub- 
 district fail to take and return the same — or for filling vacancies in the 
 boards of local directors — or for drawing in favor of teachers — or for 
 acting as clerks at meetings- relative to central or high schools — or for 
 prosecuting township treasurers on their bonds — or for reporting to the 
 state commissioner when required to do so? If so, from whom and from 
 what funds ? 
 
 Answer. — These questions, or at least some of them, have been pro- 
 pounded perhaps a hundred times, and have as often been answered, as 
 follows, viz: 
 
 The rule on this subject is understood to be, that township or county 
 officers, neither salaried nor created by the school law, but upon whom it 
 imposes certain new duties, are entitled to the same allowance out of their 
 respective county or township treasuries, for services performed and 
 expenses incurred under the school law, as is allowed them for other 
 services of like nature rendered in their official capacity. 
 
 Question 32. — Are township treasurers to be paid for services per- 
 formed under the school law, out of the township school fund ?
 
 115 
 
 Answer, — Certainly not ; but out of the township treasury ; for near 
 tlie close of sec. 28, it is declared that "the township trustees''^ — (not the 
 township board of education) — "shall allow the township treasurer a com- 
 pensation equal to one per cent, on''"' — (not one per cent, of) — "all school 
 funds by him disbursed." 
 
 Question 45. — When one local director only is to be elected at the 
 annual sub-district meeting, and two persons receive an equal number of 
 votes for the office, how is the election to be decided ? 
 
 Answer. — A "tie vote" in such a case as the one submitted, is tanta- 
 mount to a "failure to meet and elect," and the remedy for such an event, 
 is provided for in section four of the school law. 
 
 Aft(3r waiting a reasonable time for a special meeting of the voters to 
 be called as prescribed in said section, if none be called, the township 
 clerk may fill the vacancy by appointment, as provided in section three. 
 
 Question 46. — Does the sub-district clerk hold his office as such, dur- 
 ing his continuance in office as director, or one year only ? 
 
 Answer. — The clerk of a sub-district holds his office as such, for one 
 year, or until a successor shall be elected. 
 
 The rule as well as the practice in boards of education, and all similar 
 boards, so far as my information extends on this subject, is for such boards 
 to re-organize annually in all cases where a part of their members are 
 elected, and a part of them go out of office at the end of each year. 
 
 Question 48. — The citizens of school district No. 7, Union township, 
 Hancock county, state the subjoined facts, in relation to the above district, 
 viz: seven-eighths of the population of said district are on the two south 
 sections of said district in and near the village of Cannonsburg. The dis- 
 trict has had a site which is central to the two south sections, and a school 
 house on it for the last twelve or fourteen years. Five or six families, 
 now residing on the east, west, and southwest sections of the present site, 
 are obliged to send from one to one and a half miles ; and the two or 
 three families residing on the north sections send an equal distance. The 
 board of education have ordered the erection of the school houses at 
 the geographical centers of the districts. What is the rule and the law on 
 this subject? ♦ 
 
 Answer. — In section 14, of the new school act, it is declared that, "in 
 the location of schools, the board shall have reference to population and 
 neighborhood, paying due regard to any school house already built or site pro- 
 cured, as well as to all other circumstances proper to be considered, so as 
 to promote the hest interests of the schools. Hence it would seem it is no-t 
 the intention of the legislature to regard, in all cases, the geographical
 
 116 
 
 center of a district as the proper site for a school house ; nor should the 
 center as to population determine the site, for such a rule might oppress 
 the minority. 
 
 Leaving out of consideration the school house already erected and the 
 site procured, it might be a safe rule to regard as a suitable site some point 
 nearly intermediate the geographical center, and the center as to popula- 
 tion. It is better that half a dozen children should be required to walk a 
 distance of somewhat more than a mile, than that fifty children should be 
 compelled to walk that distance to school. 
 
 If the two northern sections of said district are rapidly increasing in 
 population, or are likely to so increase in the course of a few years, that 
 fact should be taken into the account in locating the site ; or if there is a 
 prospect that the two northern sections will soon have a population suffi- 
 cient for a separate school, it would seem best not to change the old site in 
 the southern sections. But if there is no probability that more than one 
 school will be required for the population of the four sections, then regard 
 should be paid to the present, as weU as prospective distribution of the 
 population of the entire district. 
 
 In adjusting this matter, the members of the board should, in imagina- 
 tion at least, endeavor to place themselves in the several situations and 
 condition of the inhabitants of the entire district, and from these several 
 points of view, carefully consider the interests of all, and then fix upon a 
 site which will accommodate the greatest number, and, at the same time, 
 seriously incommode none. 
 
 Question 52. — Our school district is over two and a half miles square, 
 and in the very centre of it lies a farm of some three hundred acres of 
 land, and the owner utterly refuses to convey any portion of it for a school 
 house site. Is there any law by which our local directors, or the town- 
 ship board of education, can procure a site for a school house on said farm, 
 if the owner persists in his refusal to sell or lease ? 
 
 Answer. — There is no such law. A bill was introduced into the late 
 general assembly providing a mode by which township boards of educa- 
 tion might, under circumstances like those stated above, obtain a suitable 
 site for a school house. The bill passed the lower House, but was lost in 
 the senate. The law should most unquestionably make some provision 
 for procuring school house sites where the owners of the land refuse, with- 
 out good cause, to sell. If it is right to condemn land for railroads, no 
 good reason can be assigned why some similar provision should not be 
 made for the benefit of common schools and the cause of education. The 
 reason, no doubt, that such a law was not enacted by the late general
 
 117 
 
 assembly, was that a majority of tlie senators and representatives could 
 not bring their minds to believe that in this land of common schools, this 
 republican country, where the principle is fully recognized "that there is 
 no security for a free government, but in the intelligence and vh'tue of the 
 people," any gentleman could be found who would not, for love or money, 
 accommodate his friends, his neighbors, the rising generation, his country 
 and humanity, by selling or leasing to them a small piece of ground for a 
 school house site! , 
 
 Question 5-i. — Is a colored person eligible to the office of local director, 
 in the sub-district in which he resides ? and if appointed clerk in his sub- 
 district, can he lawfully claim a seat in the township board of education ? 
 
 AxswEE. — In article XY., sec. 4, of the constitution of Ohio, the follow- 
 ing language is found, viz: "No person shall be elected or appointed to 
 any office in this state, unless he possess the qualifications of an elector." 
 
 Section 1, article Y., of the same instrument, reads as follows, to wit: 
 " Every white male citizen of the United States, of the age of twenty-one 
 years, who shall have been a resident of the state one year next preceding 
 the election, and of the county, township, or ward in which he resides, 
 such time as may be provided by law, shall have the qualifications of an 
 elector, and be entitled to vote at all elections." 
 
 From the above provisions of the constitution of this state, it is obvious 
 that colored persons are not eligible to the office of local director of a sub- 
 district. 
 
 Schools for colored youth must.be established, regulated and controlled 
 by township boards of education,' in accordance with the provisions con- 
 tained in sec. 81 of the new school act. 
 
 Question 57. — When a person is employed to teach school by the 
 month, of how many days shall a month consist ? On what holidays may 
 a teacher dismiss his school ? To what vacations would a teacher be enti- 
 tled when employed by the year ? 
 
 Answer. — The holidays on which a teacher moy dismiss his school, are 
 such as it is customary to observe, either through the country or in par- 
 ticular localities ; among these may be enumerated the fourth of July, 
 Thanksgiving, Christmas, New Year, etc. 
 
 The teacher may also, unless restrained by special contract to the con- 
 trary, dismiss his school on the afternoon of each Saturday, or on every 
 Saturday, or every alternate Saturday, according to the particular custom 
 of the district in that respect. In the absence of an express agreement to 
 the contrary, a school month consists of four weeks, or a calendar month, 
 according to the particular custom of the district, city, or township. If, in
 
 118 
 
 a particular locality, /o?^r weeks Lave been regarded as a school monih^ and 
 both teacher and directors are cognizant of the custom when the former is 
 employed, and the contract between the parties does not expressly declare 
 •vrhat shall be considered a month, the matter of time must be determined 
 by the particular custom of the place. 
 
 The length of vacations to which the teachers are entitled when 
 employed to teach by the year, is, like the length of a school month, 
 determined by custom, in the absence of an express agreement between 
 the parties. 
 
 Question 63. — Are township boards of education legally empowered to 
 change or alter school districts, by consolidation or otherwise, at special 
 meetings? 
 
 Answer. — They are not; for sec. 14 empowers them to change or alter 
 sub-districts at any regular sessions on the third Monday of April and 
 October in each year, with power, however, to adjourn, from time to time, 
 until all the business required to be transacted at regular meetings shall 
 have been accomplished. 
 
 A regular meeting, then, adjourned from day to day, or from week to 
 week, &c., is still a regular meeting, at which sub-districts may be changed 
 or altered. 
 
 The framers of the law seemed to regard the re-districting of a township, 
 as well as the change or alteration of a sub-district, as matters of too much 
 importance to be performed at any other than the regular meetings of the 
 board, notice of which would be brought to every inhabitant of the town- 
 ship or sub-district by the law itself. Besides, if alterations are required, 
 they should be made as the law requires, in April or October, just previous 
 to the opening of the winter or spring sessions of the schools. Great 
 practical inconvenience might result from such change or alteration in the 
 middle of a school term or session, and township boards of education be 
 greatly embarrassed in distributing the school moneys applicable to the 
 payment of teachers. 
 
 Question 67. — In a sub-district in which a new school-house is being 
 erected for the accommodation of three hundred and fifty scholars, $300 is 
 needed to complete the new house and repair the old one ; and the ques- 
 tions submitted are, how shall the money be raised, in case the township 
 board of education refuse to certify the amount so needed to the county 
 auditor for assessment on the taxable property of the township, on or 
 abefore the first Morday of June next; and whether the local directors of 
 aid sub-district are legally empowered to borrow the said sum of $300
 
 119 
 
 and secure its payment by executing a mortgage upon tlie said school- 
 house ? 
 
 Answer. — In sec. 7 of the school law, it is declared that all contracts 
 for the specific purposes therein mentioned, must be negotiated and made 
 " under such rules and regulations as the township board of education may 
 prescribe," and that local directors are not empowered to enter into con- 
 tracts involving an expenditure beyond a certain amount, without authority 
 from the township board. 
 
 As the township board, by the provisions contained in sec. 11, is made 
 a "body politic and corporate in law — capable of contracting and being 
 contracted with — and as such is vested, in its corporate capacity, with the 
 title, care and custody of all school-houses," etc., it follows, as a matter of 
 course, that local directors are not empowered to execute mortgages upon 
 school-houses or other school property to raise funds for school purposes. 
 
 It is exceedingly questionable whether even township boards of educa- 
 tion possess any such power ; for in sec. 43, it is expressly declared that 
 "each and every lot or parcel of land which heretofore has been, or here- 
 after shall be, appropriated for the use of common schools in this state, on 
 which there has been or shall be a school-house erected, and which has 
 been or shall be occupied for the purpose of accommodating a common 
 school of whatever grade, in the usual manner, from" time to time, howso- 
 ever or by whomsoever the legal title to the same may be held and vested, 
 shall be, and the same is hereby exempted from the sale on execution, or 
 other writ or order in the nature of an execution^ 
 
 A school-house and site being thus exempted from sale, etc., it would 
 seem that a mortgage executed on the same, to secure the cost of building 
 a new school-house, could be of no validity. 
 
 Besides, there can be no need of any such security ; for when the town- 
 ship board authorizes the local directors of a sub- district to negotiate and 
 make a contract for the erection of a new school-house, etc., the last clause 
 of sec. 7 holds the township board "responsible in its corporate capacity 
 for the performance thereof;" and should they neglect or refuse to make 
 and certify at the proper time, the necessary estimates therefor, to the 
 county auditor, the court, on application, would compel them to do so, by 
 writ of mandamus, or the party suffering by their neglect could enter suit 
 against them, as provided for in sec. Qb. Such a debt is virtually a debt 
 against the whole township, and must be assessed on the taxable property 
 of the township, which would be a far better security than a mortgage on 
 a school-house, even if it could be legally given for the purpose of secur- 
 ing the debt as proposed.
 
 120 
 
 Question 69. — Are tlie inhabitants of an incorporated village, includ- 
 ing the territory annexed to the same for school purposes, which contains 
 not less than three hundred inhabitants, and which, by the new school 
 law, is created a separate school district, with a separate board of educa- 
 tion, still at liberty to adopt the provisions of the " act for the better regu- 
 lation of schools in cities, towns," etc., passed February 21, 1819, and the 
 acts amendatory thereto ? 
 
 Answer. — They are thus authorized ; for the present school law " must 
 not be so construed as to repeal, change, or modify in any respect," the 
 several provisions of certain acts specified in the first clause of sec. 67. In 
 the last clause of sec. 1, it is expressly declared that " nothing in the new 
 school law shall be so construed as to give to the township board of edu- 
 cation jurisdiction over any territory in the township included within the 
 limits of any city or incorporated village, which now is, or may hereafter he 
 governed as to schools by any special or other act, specified in the sixty-seventh 
 section of this act." The language, "or may hereafter be governed," etc., 
 settles the question beyond doubt. 
 
 One of the most important characteristics of our school system, is its flexi- 
 bility. If the inhabitants of a city, town or incorporated village, contain- 
 ing a certain number of inhabitants, organized as to schools under any of 
 the acts referred to in the first part of sec. 67, prefer the provisions con- 
 tained in sections 82, 83, 31 and 35 of the general school law, sec. Q^ 
 authorizes the change, and points out the way in which it may be effected. 
 On the other hand, if the inhabitants of any city, town or village, desire to 
 have their schools organized under any of the acts mentioned in the first 
 part of sec. 67, it can be done in the manner prescribed in those acts 
 respectively. Hence the inhabitants of no city, town or village in the 
 state, can have any reason to complain of the general assembly of the state 
 for not providing them with a school law adapted to their peculiar condi- 
 tion. 
 
 Question 71. — In the incorporated village of Greenfield, there is a 
 good seminary building, which, with a little remodeling, would accommo- 
 date all the scholars in the corporation. There is no public school house 
 in which the common schools of the village can be kept during the com- 
 ing winter. 
 
 Under the above circumstances, would it be legal for the board of edu- 
 cation to enter into arrangements with the principal of said seminary, for 
 the instruction of all the scholars of the town, agreeing to pay him the 
 public funds applicable to the payment of teachers, and authorize him to 
 charge those sending to the school such tuition fees as would remunerate
 
 121 
 
 him and his assistants for the balance of the expense of instructing such 
 scholars ? And has the board the power to provide for keeping the 
 common schools in operation, after the state funds have been exhausted, 
 by charging parents, pro rata, such tuition fees as would cover the balance 
 of the expense? 
 
 Answer. — A negative answer must be returned to both of the above 
 questions ; for the present school law contains no provisions authorizing 
 local directors or boards of education to raise by rate bill, made out against 
 those sending to school, in proportion to the number of children sent, to 
 be ascertained by the teacher's list, as under the former school law, for the 
 purpose of meeting any balance for the payment of teachers' wages, or 
 other school expenses, incurred beyond the amount apportioned to a dis- 
 trict from the state school funds. 
 
 In section 63, it is expressly provided that, "for the purpose of afford- 
 ing the advantages of a free education to all the youth of this state, the 
 state common school fund shall hereafter consist of such a sum," &c. In 
 the last clause of sec. 24, it is declared to be the duty of " each township 
 board to make the necessary provision for continuing the schools in ope- 
 ration in their respective townships for at least seven months in each 
 year;" and this provision must be made in the manner prescribed in the 
 first clause of sec. 22, where it is made the "duty of the board of educa- 
 tion in each organized township of the state, annually to determine by 
 estimate, as nearly as practicable, such additional amount as the board may 
 think necessary, not exceeding two mills on the dollar valuation of the 
 taxable property of the township," for the purpose of prolonging, after 
 the state funds have been exhausted, the terms of the several sub-district 
 or primary schools in the township. By the provisions contained in sees. 
 32, 33, 34 and 35, each city, or incorporated village, &c., is created a sepa- 
 rate school district, with a board of education, authorized " to perform 
 the same duties, and to exercise all the powers which are by this act 
 conferred upon township boards of education." 
 
 Whenever it shall become necessary or expedient, then, to prolong, 
 after the state funds have been exhausted, the schools in any city or 
 incorporated village, organized as schools, under the provisions of the 
 general school law, the board of education of such city or village should 
 " make an estimate for that purpose, and certify the same to the county 
 auditor," according to the provisions contained in sec. 22. 
 
 Question 73. — In a certain sub-district, seven colored youth were 
 enumerated in October last. The county auditor apportioned the school 
 money belonging to the township in which said sub-district is situated, to
 
 122 
 
 the several sub-districts in said township, in proportion to the number of 
 youth in each, without distinguishing the amount distributed on account 
 of said colored youth. There are no other colored youth in the township, 
 consequently no school for colored children has been established by the 
 township board of education. The local directors refuse to admit said 
 colored children to the school in said sub-district ; but wish to appropri- 
 ate the money derived from the state school tax on account of said colored 
 youth, to the education of the white youth in said sub-district. Does the 
 school law authorize such an appropriation to be made? 
 
 Answer. — It does not. The law requires the directors in each sub- 
 district to enumerate separately the colored youth, in order that the 
 amount of school funds applicable to the payment of teachers, and appor- 
 tioned to any township on account of the colored youth resident therein, 
 may be expended for their instruction, and for no other purpose. 
 
 There is some ambiguity, it is true, in the language employed in sec. 31, 
 owing it is believed, to faulty punctuation. But from all the provisions 
 contained in the law. relative to colored youth, and from the statements 
 of those who aided in drawing up those provisions, the following may 
 be regarded as the fair and legitimate construction: 
 
 1. The proper boards of education are required to establish, within 
 their respective jurisdictions, one or more separate schools for colored 
 children, when the whole number by enumeration exceeds thirty, and to 
 continue said schools in operation until the moneys apportioned on 
 account of said colored youth shall be exhausted, or until the average 
 number in attendance shall be less than fifteen for any one mouth. In 
 the latter case it is made the duty of the board of education, or other 
 school officers, to discontinue said school or schools for a period not 
 exceeding six months at any one time. 
 
 2. When the whole number by enumeration is less than thirty and 
 more than fifteen, it is the duty of the board to provide a school for 
 colored children, whenever the fands applicable to that purpose shall be 
 sufficient to keep the school in operation a reasonable length of time. 
 
 3. If the number of colored children shall be less than fifteen, the 
 directors shall reserve the money raised on the number of said colored 
 children, and the money so reserved shall be appropriated for the educk- 
 cation of such colored children, under the direction of the township 
 board. 
 
 4. The money so reserved for the education of colored children, may 
 be used to procure for them private instruction ; or the teacher of the sub- 
 district school may be employed to instruct them in an evening school, or
 
 123 
 
 t 
 
 at such otlier times as may be deemed expedient; or they may be instruct- 
 ed during the vacation of the school for white youth; or they ma}'- be 
 admitted to the common school of the sub-distiict, if no objections are 
 raised against such an arrangement. 
 
 Question 76. — Are children of less than half African blood, entitled, 
 as a matter of legal right, to the privilege of attending the common 
 schools of this state ? 
 
 Answer. — To answer the above question, it is necessary to ascertain 
 the judicial construction of the term "w.-A{fe," as used in the constitution 
 of this state. 
 
 In the case of Oray v. the State, of Ohio, found in vol. IV, Ohio Eeports, 
 page 354, it is held that persons nearer white than a mulatto, or half 
 blood, were entitled to the privileges of whites. 
 
 Williams v. School Directors, etc., vol., Wright's Eeports, page 578: In 
 this case, the question was, whether the children of a white, mother and a 
 father three-quarters white, are white children, within the meaning of the 
 school law. Affirmative opinion given. 
 
 Thacker v. Haiok, et al., vol. XI, Ohio Eeports, page 376: In this case 
 it was held that a person nearer white than a mulatto, is a icldte person, 
 within the meaning of the constitution. 
 
 Lane v. Baker, et at, vol. XII Ohio Eeports, page 237: Held, that 
 youth of Negro, Indian, and white blood, but of more than half white 
 blood, are entitled to the benefit of the school fund. 
 
 According to the decisions in the cases cited, an affirmative must be 
 given to the question propounded. 
 
 Question 79. — How shall the wages of a teacher, employed in a sub- 
 district composed of parts of four townships, be paid, and how shall the 
 other expenses of such a school be defrayed ? 
 
 Answer. — The local directors should give him a ceitificate, or certifi- 
 cates, of the amount or sums due him, from the treasurers of each of said 
 townships. These several sums can be easily ascertained; for the enume- 
 ration of youth of school age, resident in each of the parts of a joint or 
 fractional sub-district, is required to be separately taken, and reported to 
 the clerk of the township in which such part is situated. 
 
 The amount of money necessary to be expended in a fractional sub- 
 district, for school purposes other than for the payment of teachers, should 
 be estimated by the board of education having the control and manage- 
 ment of such joint school. The respective boards of the adjoining town- 
 ships so connected for school purposes, should certify their share of said 
 amount to the auditor of their county, as a part of their annual cstiriiates
 
 124 
 
 for school purposes, and draw orders on their respective township treasu- 
 rers, for said shares, in favor of the board of that township in which such 
 school is located. 
 
 The teacher of a school, in a fractional sub-district, should file his report 
 with the clerk of the township in which the school house is located, or 
 whose board of education has the control and management of said joint 
 school, and obtain from said clerk, a certificate of the fact of his having 
 filed his report as required by law ; which certificate he should exhibit to 
 the clerks of the other townships, when he applies to them for orders on 
 the township treasurers, for the respective sums certified to be due to him, 
 by the local directors of said fractional sub-district. 
 
 Question 82. — Mr. J , a teacher in the common schools of the town 
 
 of M , has been prosecuted for inflicting corporal punishment on one 
 
 of the scholars, who had repeatedly transgressed the rules of his school. 
 It is not pretended that the punishment was disproportionate to the ofiense, 
 or that the scholar received any personal injury ; for the teacher struck 
 him only three blows with an ordinary rod. 
 
 What is the law in regard to the right of a teacher to inflict corporal 
 punishment on his scholars ? Are there any cases or decisions which 
 settle this question ? 
 
 Answer. — The question as to the right of a teacher to inflict corporal 
 punishment upon scholars, has never come before the supreme court of 
 this state. Teachers have been prosecuted in this as well as in other 
 states for inflicting such punishment, and the question as to their legal 
 right to do so, has been frequently raised ; but the decisions have, very 
 generally, been in favor of such right. The teacher being in loco parentis, 
 and responsible for the government and proper discipline of his school, is 
 clothed with the same power to punish scholars for refractory conduct, 
 which is allowed by law to a parent in the government of his children. 
 The decisions of all the cases of this kind, within the knowledge of the 
 undersigned, have generally turned on the point, whether the punishment 
 was reasonable or not. 
 
 In a case which came before John C Spencer, one of the ablest jurists 
 of the State of New York, while he was superintendent ex officio of com- 
 mon schools, he decided that "the authority of the teacher to punish his 
 scholars, extends to acts done in the school room, or on the play-ground. 
 The teacher of a school has, necessarily, the government of it, and he may 
 prescribe the rules and principles on which such government will be con- 
 ducted. The trustees should not interfere with the discipline of the
 
 125 
 
 ! school, except on complaint of misconduct on the part of the teacher; and 
 i they should then invariably sustain such teacher, unless his conduct has 
 been grossly wrong." 
 
 A similar decision was made by John A. Dix, a distinguished states- 
 man and jurist, while he was superintendent of common schools. He 
 said: "The teacher is responsible for maintaining good order, and he must 
 be the judge of the degree and nature of the punishment required, where 
 his authority is set at defiance. At the same time, he is liable to the 
 party injured for any abuse of a prerogative which is wholly derived from 
 custom." 
 
 In Kent's Commentaries, seventh edition, vol. ii, page 212, note, the 
 following decision may be found: "A School- master, who stands in loco 
 parentis, may, in proper cases, inflict moderate and reasonable chastise- 
 ment." The State v. Prendergrass. 
 
 The subjoined cases are somewhat analogous. "The master of a vessel 
 may inflict moderate correction on his seamen for sufficient cause ; yet if 
 he exceeds the bounds of moderation, and is guilty of unnecessary sever- 
 ity, he will be liable for a trespass." 14 Johns. Kep. 119. "A master 
 may justify the chastisement of his apprentice, servant or scholor, if it is 
 done with a proper instrument and in a proper manner." 3 Salkeld, 47. 
 
 In Wharton's American Criminal Law, page 464, the following princi- 
 ple is laid down: "It is admissible for the defendant to show that the 
 alleged battery was merely the correcting of a child by its parent, the cor- 
 recting of a servant or scholar by his master, or the punishment of the 
 criminal by a proper ofiicer ; but if the parent or master chastising the 
 child exceed the bound of moderation, and inflict cruel and merciless 
 punishment, he is a trespasser and liable to be punished by indictment. 
 The law confides to schoolmasters and teachers a discretionary power in 
 the infliction of punishment upon pupils, and will not hold them respon- 
 sible criminally, unless the punishment be such as to occasion permanent 
 injury to the child, or be inflicted merely to gratify their own evil 
 passions." 
 
 From the foregoing opinions and decisions, the principle would seem to 
 be pretty weU settled, that the power allowed by law to the parent over 
 the person of his child, by the act of sending the child to school, dele- 
 gated, for the time being, to the teacher; and that the same circumstances 
 which would justify a parent in resorting to corporal punishment, in order 
 to subdue a disobedient child, will also justify a teacher in the use of the 
 same means to control a refractory scholar.
 
 126 
 
 There lias been, it is true, muck diversity of opinion among eminent 
 educationists and others, as to the necessity, expediency, or even utility 
 of corporal punishment as a means of school government ; but the right 
 of the teacher thus to punish his scholars, for stubborn and continued 
 resistance to his authority, has not been judicially denied. 
 
 Question 85. — It is claimed by some of the citizens of the village of 
 
 , that a teacher has no legal authority to punish his scholars for dis- 
 
 orderl}^, immoral, or improper acts done while on their way to or from 
 school, or at noon. If such is the law, how shall those be restrained, who 
 abuse their school mates, and use profane and other unbecoming language 
 in their presence, before or after school, or at noon ? 
 
 Answer. — The legal right of the teacher to punish his scholars for dis- 
 orderly acts done in the school room or on the play-ground, before the 
 opening of the school, after its close, during morning or afternoon recess, 
 or at noon, has been fully recognized by the courts of this country. But 
 whether his authority to punish his scholars extends to immoral or dis- 
 orderly conduct elsewhere, is not so fully established. By some it is con- 
 tended that the legal right of a teacher to inflict corporal punishment upon 
 a scholar in any case, is derived from the fact that he stands in ^^loco 
 parentis,^'' and therefore it can not be extended to acts done before this 
 relation has commenced, or after it has terminated, without the express 
 consent of the parent. It is further contended that this delegation to the 
 teacher of the power allowed by law to the parent over the person of his 
 child does not take place till the child has reached the school premises, 
 and must end when he leaves for home. On the contrary, it is maintained 
 by others, that the right of a teacher to hold his scholars responsible for 
 improper conduct on their way to and from school, is fully sanctioned by 
 usage. Under . all the circumstances, it is believed that the most prudent 
 course for a teacher to take in a case like the one presented, would be to 
 notify the parent of the misconduct complained of, and if his permission 
 to punish the offending scholar can be obtained, and the disorderly 
 bahavior be repeated, .then to refer the matter to the board of education. 
 
 There can be no doubt that boards of education possess the legal power 
 to make and enforce such rules and regulati(ins as in their judgment may 
 be necessary for the best interests of the schools within their jurisdiction; 
 and it is their duty as well as their right to co-operate with the teacher in 
 the government of the school, and to aid him to the extent of their power 
 and influence in the enforcement of reasonable and proper rules and regu- 
 lations, and to dismiss a scholar from the school whenever he uses at 
 school, or on his way to or from the same, such rude, vulgar or profane
 
 127 
 
 language, and eshibits such a degree of moral depravity generally, as to 
 render his association with other scholars dangerous to the latter, or when- 
 ever he manifests such violent insubordination as to render the maintenance 
 of discipline and order in the school impracticable or extremely difficult. 
 It is also the duty as well as the legal right of the local directors to see 
 that the general character, usefulness, and prosperity of the school are 
 not impaired by allowing those to remain in it, whose whole influence, 
 conduct, and bad character, have forfeited all claim to the enjoyment of its 
 privileges. 
 
 Question 86. — Does the new school law empower the householders, the 
 local directors, or the township board of education, to select and purchase 
 sites for school-houses in sub-districts ? 
 
 Answer. — It empowers township boards of education, unquestionably. 
 This is evident from the provisions contained in the first, eleventh, four- 
 teenth and fifteenth sections of the law. 
 
 By the eighth section of the school act, passed March 7, 1838, the board 
 of local directors and their successors in office, in each school district, was 
 declared to be a body politic and corporate in law, and, as such, capable 
 of contracting and being contracted with, suing and being sued, pleading 
 and being impleaded in any court of law or equity in this state, and of 
 receiving any gift, grant, donation or devise, made to, or for the use of 
 such district, and also of receiving a deed of conveyance or lease for any 
 land whereon to erect a school-house or houses, &c. By sec. 10, of the 
 present school law, the same is declared in regard to township boards of 
 education. By sec. 9, of the act of 1838, it was declared that the board of 
 local directors should have power to divide their district into sub-districts, 
 and select sites for school-houses and purchase the same. By the last 
 clause of sec. 14 of the present school act, the same power is conferred 
 upon township boards of education; for it is there declared to be "the 
 duty of the board to establish a school in each sub-district of the township 
 of such grade as the public good in their opinion may require ; and in the 
 location of primary schools or schools of higher grade, the board shall have 
 reference to population and neighborhood," &c. 
 
 Under the present law, then, local directors are not bodies corporate and 
 politic, etc., nor are they empowered to select or purchase sites for school- 
 houses, except under the direction and subject to the rules and regulations 
 prescribed by the township board of education. 
 
 By reference to the school acts passed in 1821, 1825, 1829, 1831, 1834, 
 1835, 1838, and in 1853, it will be seen that the mode of selecting school- 
 house sites, as well as that of deciding upon the erection and cost of
 
 128 
 
 school-houses, has undergone frequent changes. Prior to the passage of 
 the school act of 1838, either a majority, or two-thirds, or three-fifths of 
 the householders, or tax payers, or qualified voters of a school district, at 
 the annual meeting, or at a special meeting called with ten, or twenty, or 
 thirty days' notice, determined upon the location of the site, as well as 
 upon the erection and cost of the school-house. By the school act of 
 1838, the power to select and purchase school-house sites, was given to 
 local directors ; but the right of deciding whether a school-house should 
 be erected or not, and what amount of money should be expended there- 
 for, was still left with the householders of the several school districts. 
 
 By the present school act, township boards of education are empowered 
 to select and purchase school-house sites, to determine the cost of new 
 school houses, to make estimates therefor, and to certify the same to their 
 county auditors. In short, the township school system is analagous to the 
 graded or union school system, which has been so generally adopted in 
 cities and towns. In both cases the boards of education form, change, or 
 alter the sub-districts, provide for the erection of school-houses, and deter- 
 mine the grades of the schools. The local directors, trustees, or special 
 committees, attend to the details of the business, and see that the orders 
 of the board, and all the rules and regulations prescribed by them for the 
 management and government of the schools, are carried into full and effi- 
 cient execution. 
 
 The undersigned would, however, impress upon boards of education the 
 importance of exercising great care and mature deliberation in the altera- 
 tion of school districts, the selection of sites for school-houses, and in 
 determining the dimensions and plans for school-houses. 
 
 Baards of education should also take the utmost pains to secure the 
 general co-operation of all the directors and inhabitants interested, and to 
 avoid, as far as possible, all those sources of contention and discord, which 
 often prove so fatal to the prosperity, harmony and efficiency of the school. 
 It is often better to submit, for a time, to many inconveniences, than to 
 hazard the disastrous results which uniformly follow any general dissatis- 
 faction with the alteration of school districts, the changing of school-house 
 sites, and the tax imposed for the erection of new school-houses, A little 
 patience and delay will generally enable the good sense of the inhabitants 
 ultimately to perceive what will redound to their best and true interests. 
 
 Question 91, — The local directors of sub-district No, — , in town- 
 ship, employed an individual to teach their school, who failed to obtain a 
 certificate; but at the request of the inhabitants of said district, who 
 pledged him his wages, he continued to teach the school. At the expiration
 
 129 
 
 of his term, the local directors gave him a certificate of the amount due 
 for his services, althougli he held no certificate of qualification ; but the 
 clerk of the board of education declined giving him an order on the town- 
 ship treasurer. 
 
 The case was subsequently brought before the board of education, who 
 directed the clerk to issue an order in favor of the said local directors, to 
 reimburse them for money advanced to pay said teacher ; but the clerk 
 still refused, on the ground that he was not authorized to draw orders on 
 the township treasurer, for the payment of teachers who do not hold certi- 
 ficates of qualification, as required by the school law. Is it legal and 
 proper for said clerk thus to refuse ? 
 
 Answer. — In sees. 45 and 2-1:, of the school law, it is declared that no 
 person shall be employed as a teacher in any common school, unless such 
 person shall have first obtained a proper certificate from the board of school 
 examiners ; and that the clerk of the board of education is not legally 
 empowered to draw orders on the township treasurer, in favor of teachers 
 for such amounts as may have been certified to be due them, except on the 
 presentation of their certificates of qualification. No requirement of the 
 law is plainer than that no school funds applicable to the payment of 
 teachers' wages, shall be paid to teachers who have not been able to obtain 
 the proper certificates. The law does not authorize boards of education to 
 order the disbursement of school funds to uncertificated teachers, or to 
 local directors who may have advanced their own money to pay such 
 teachers. Boards of education have no more right to disregard the provi- 
 sions of the school law in regard to the payment of school funds to teach- 
 ers, than they have to nullify the entire law. Indeed, this is one of its 
 most important and most sacred provisions. 
 
 It has been decided over and over again, by the courts in other states, 
 whose school laws contain provisions in relation to the employment of 
 teachers similar to those in the school law of this state, that school funds 
 which, by the terms of the law, are made applicable to the payment of 
 teachers' wages only, cannot legally be paid to teachers who do not hold 
 the proper certificates, and if so paid in violation of law, the money may 
 be recovered of the school officers thus illegally disbursing it. 
 
 It has also been repeatedly decided that when local directors or trustees 
 of school districts employ a person as teacher, who fails to obtain the 
 requisite certificate, they may discharge him, and he cannot recover for 
 services thus rendered. If they engage him as a qualified teacher, the
 
 130 
 
 moment lie ceases to be so, there is a failure of tlie consideration for the 
 contract. But if they continue him in the school after notice that he has 
 failed to sustain the requisite examination, or that his certificate had been 
 annulled, it will be regarded as such a continuance of the contract, that 
 they will not be allowed, at a subsequent period, to dispute it, and they 
 will render themselves personally liable for the payment of teachers' wages. 
 
 A teacher thus continued, after failing to obtain a proper certificate, if 
 compensated at all for his services, must be paid by the local directors, or 
 by the inhabitants of the district at whose instance he was retained, and 
 whose children attended the school. Under such circumstances the school 
 becomes a private school, and must be sustained as a private school, and 
 no portion of the public school fund can legally be applied to sustain it. 
 
 Question 93. — When the local directors of one of the sub-districts in 
 a township, in order to secure the services of a teacher, competent to give 
 instruction in several of the higher branches, agree to pay him much 
 higher wages than are paid to the teachers in the other sub- districts, would 
 the board of education be justifiable in apportioning to such district more 
 than its pro-rata share of the school fund raised in said township for the 
 purpose of prolonging its schools, in order that the school in said district 
 may be continued in operation, during the year, for the term of seven 
 months? 
 
 Answer. — A deviation from the rule of apportionment, prescribed in 
 sec. 24, would not be proper under such circumstances. It is believed 
 that such a deviation is warrantable only in cases where, owing to the 
 peculiar features of the territory, sparseness of population, bad condition 
 or want of roads, or other unavoidable obstacles, it becomes necessary to 
 form or continue a sub-district, containing quite a small number of youth of 
 school age. To such a weak district more than its pro-rata share of the 
 township school fund may properly be apportioned in order that its schol- 
 ars may enjoy the privilege of attending school for at least seven months 
 in each year. It is unquestionably right and proper that township boards 
 of education should make such liberal and reasonable provisions for keep- 
 ing the schools under their charge in operation a proper length of time, 
 as would enable the local directors to offer such compensation as would 
 secure the services of well-qualified teachers. Boards of education should 
 be frugal, but not parsimonious, liberal but not extravagant. It is not to 
 be believed that any intelligent citizen will consider that sordidness to be 
 economy, which prefers that their children should be brought up in 
 ignorance, or instructed in error, rather than contribute the mere trifle
 
 131 
 
 whicli will secure to them an education, sound and accurate, at least as far 
 as it goes, Nor is it necessary, under the present school law, that instruc- 
 tion in our common schools should, in all cases, be restricted to spelling, 
 reading, writing, arithmetic, geography, and English grammar. By sec. 
 17, the power to determine the studies to be pursued in the several schools 
 under their control, is wisely vested in the boards of education. In the 
 exercise of this power, they should use a sound discretion, but they should 
 not cripple the eiforts of local directors to elevate the character of their 
 schools and foster the interests of education in all judicious ways. 
 
 Question 102. — When a school examiner vacates his office by resigna- 
 tion, refusal to serve, removal out of the county, or otherwise, should the 
 vacancy be filled by appointment for the full term of two years, or only 
 for the unexpired term of the examiner who thus vacates his office ? 
 
 Answer. — The appointment should evidently be made for the full term 
 of two years. This is obvious from the language employed in the last 
 clause of sec. 44 of the school act: "All vacancies in said board, which 
 may thereafter occur, whether /row expiration of tlie term of office^ refusal 
 to serve, or otherwise, shall be filled by Wee appointment by said judge." 
 
 It requires no argument to show that vacancies resulting from expiration 
 of the term of office, should be filled by appointment for the full term of two 
 years. But the two classes of vacancies are required to be filled by like 
 appointment by said judge. The term '■'■lilce''^ must either be construed as 
 referring to the length of time which the school examiners first appointed 
 under the present school law, were entitled to hold their office, or to the 
 fact that appointments to fill vacancies resulting from any of the causes 
 stated in sec. 44, are required to be made for the same length of time, viz.: 
 two years. 
 
 That the foregoing is a proper interpretation of sec. 44, will appear the 
 more manifest by observing the language employed on the subject of 
 vacancies, in sec. 3: — "In case a vacancy shall occur in the office of direc- 
 tor, by death, resignation, refusal to serve or otherwise, it shall be the 
 duty of the township clerk to fill such vacancy by appointment for the unex- 
 pired term." In this section of the law, vacancies which are occasioned 
 by expiration of the term of office are not coupled with those resulting 
 from other causes, and for the obvious reason that the former are required 
 to be filled by an election, as provided in sees. 2 and 4. "When, therefore, 
 the term of office of a local director has expired, the vacancy resulting 
 therefrom can not be filled by an appointment. 
 
 By sec. 2, it is provided that each director shall continue in office, until 
 his successor is elected and qualified.
 
 132 
 
 The general rule on this subject is, that, where the law does not 
 expressly declare that the appointment shall be for the unexpired iena^ 
 and where it does not provide that one part of the board of officers shiul 
 be elected, and another go out of office at regular and stated intervals, cill 
 vacancies shall be filled by appointments for the full term. 
 
 Question 99. — To what extent are township boards of education legally 
 responsible for the performance of contracts negotiated and made by local 
 directors in relation the purchasing of school house sites, the building, 
 furnishing, or repairing of school houses, the employment of teachers, and 
 the providing of fuel for schools ? 
 
 Answer. — Boards of education are legally responsible for the perform- 
 ance of such contracts so far as the same may have been negotiated and 
 made in obedience to the rules and regulations prescribed by said boards, 
 or so far as the consent or order of said boards for making such contracts 
 may have been obtained. 
 
 In contracting for the purchase of a school house site, or for building 
 and furnishing a new school house, local directors can not exceed, without 
 rendering themselves personally liable, the sum specially estimated and 
 set apart by said boards, for those specific objects in each particular year 
 and for each particular sub-district, unless they first procure the consent or 
 authority of said boards of education. • " 
 
 In making contracts for providing fuel, making ordinary repairs, and all 
 other provisions necessary for the convenience and prosperity of their 
 school, local directors may, in the absence of any general rules on the 
 subject, use as much of the money applicable to such purposes, as in any 
 one year, shall not exceed the amount distributable to their sub-district in 
 proportion to the enumeration of scholars resident therein. But should 
 they exceed that sum without first obtaining an order therefor from the^ 
 township board of education, they would render themselves personally 
 responsible for such excess, unless it could be made to appear that the 
 board had palpably neglected to make, as the school law requires, the 
 necessary provisions for such indispensable school expenses, and had been 
 contumacious in withholding their assent to the reasonable request of said 
 local directors. 
 
 In making contracts with teachers, local directors should not, as a gen- 
 eral rule, incur expenses beyond their proportion of the school fund 
 derived from the state, and that raised in the township for the purpose of 
 prolonging the schools therein after the state fund had been exhausted. 
 
 The school law imposes upon boards of education the duty of making 
 the necessary provisions fcr continuing the schools in operation, in their
 
 133 
 
 respective townships for at least seven months in each year, and requires 
 tliem annually to determine by estimate, as nearly as practicable, the 
 amount of money necessary to be expended for that purpose. Local 
 directors ought, therefore, to pay due regard to such estimates, in negotia- 
 ting the contracts which the law authorizes them to make. Although 
 the estimates of the board prove inadequate to secure the objects designed, 
 yet local directors possess no legal power to supply the deficiency. 
 
 When boards of education utterly neglect to perform any duty which 
 the law enjoins upon them, local directors may apply to the proper court 
 for a writ of mandamus to compel its performance. 
 
 Boards of education ought to make in the record of their proceedings, 
 separate entries of the several amounts of money estimated by them for 
 building and furnishing school houses, for providing facl and making 
 repairs, and for prolonging schools in the several sub -districts in their 
 respective townships, to the end that local directors may know what sums 
 they are authorized to expend for each of the above purposes. 
 
 QuESTioisr 104. — The board of school examiners of county, held 
 
 an adjourned meeting on the first Monday of April last; and on the same 
 day, and at the same place, the annual township election was held in the 
 court house. The schools of the town being in session on that day, it 
 became necessary for said board of examiners to rent a room for the pur- 
 pose of holding said examination, as the free use of no suitable room 
 could be procured. Can the county auditor legally issue his warrant on 
 the county treasurer for the payment of said rent ? In other words, does 
 the law authorize county auditors to famish rooms and fuel, as well as 
 books and stationery, for the purpose of accommodating such examina- 
 tions ? 
 
 Answer. — In answering the foregoing question, it is proper to state, 
 that it has not been customary in the counties of this state, or in other 
 states, to rent rooms for the accommodation of meetings held for the 
 examination of teachers. The reason is, no doubt, that boards of school 
 examiners have generally been able to procure suitable rooms without 
 the payment of rent. The use of court houses, school houses, churches, 
 or public halls, has generally been freely tendered to them for this import- 
 ant object. 
 
 Bat inasmuch as it is made the " duty of the examiners to fix upon the 
 time of holding meetings for the examination of teachers, in such place 
 in their respective coanties as will, ia their opinion, best accommodate the 
 greatest number of candidates for examination," it would seem reasonable
 
 134 
 
 i 
 
 and proper, y^lien suitable rooms could not Idc procured without payment of 
 rent, that county auditors should authorize the examiners to hire rooms, 
 and should issue warrants for the payment of the expenses necessarily 
 incurred in procuring such rooms, providing stationery, fuel, etc. 
 
 Question 106. — A youth now fourteen years of age, and an orphan, 
 resided since the death of his parents, with his sister in Sandusky, until a 
 year ago, when he visited his brothers in Indiana and Illinois. Having 
 however, always regarded his home as at his sister's he returned to this 
 
 state, and when she moved to the village of he went with her, and 
 
 was permitted to attend the common school of said village. Kot long 
 since, he went to live with a gentleman, a resident of said village, expect- 
 ing to remain with him, for an indefinite period of time, perhaps until he 
 should be twenty-one years old, unless prevented by some misunderstand- 
 ing, not then apprehended. 
 
 The question has been raised by the board of education, as to the right 
 of said youth to attend the union school of said village, as a resident 
 scholar. Does the school law give him that right? 
 
 Answer. — Perhaps the best way to settle the above question, is to 
 inquire whether said youth might legally have been included in the annu- 
 al enumeration of the youth of said village, had the law required such 
 enumeration to be taken at the very time said question arose. In sec. 8 
 of the present school law, it is declared that such enumeration shall 
 include all those who are residents within the school district and not tempo- 
 rarity there. The youth in question was not temporarily in said village, 
 for he came there, as it would seem, with the intention of remaininr/, and 
 that constituted him in law, a resident. 
 
 Moreover, in sec. 63, it is declared that the state school fund is raised 
 for the express purpose of affording the advantages of a free education to 
 all the youth of this state; and there can be no doubt that the boy referred 
 to is one of said youth, and as such is entitled to the privilege of attend- 
 ing some one of the common schools of the state, and if some one, it 
 must be that of the village already referred to. 
 
 The question as to what particular school the youth of school age have 
 a right to attend, is well settled in the following cases, viz : 
 
 1. They are entitled to the privilege of attending the school in the 
 district where their parents, guardians, or employers reside, although such 
 residence be temporary, provided they actually compose a part of the 
 family of such parents, guardians, or employer. 
 
 2. If they are hired to labor or service in the family of an inhabitant of 
 the district, and are regarded and treated as part of his family and not as
 
 135 
 
 racre temporary boarders, they are entitled to participate in the privileges 
 of the district school, 
 
 3. If they have neither parents nor guardians, they may attend the 
 school of the district in which the families reside, with whom they elect 
 to make their homes. In short, they may attend the school of the dis- 
 trict where they are temporarily residing, provided they could not legally 
 be enumerated in any other district. 
 
 But children coming into a district and hoarding for the purpose of 
 attending school therein, are not entitled to that privilege, unless the 
 school directors see fit to grant it. 
 
 If a person, however, who is not an inhabitant of some other district, 
 resides temporarily in a given district, all the children of school age 
 belonging to his family, may attend the school of the district in which he 
 thus temporarily resides. 
 
 QuESTiox 108. — Has a teacher the legal right to open his school with 
 prayer ? 
 
 AxsTVER. — On this extremely delicate and important matter, I have not 
 been able to find any decision of the supreme court of this state. But in 
 the state of New York it has been decided under a school law, similar to 
 that of this state, that "teachers may open and close their schools with 
 prayer, and the reading of the scriptures ; provided they take care to 
 avoid all controverted points or sectarian dogmas." 
 
 In some states it has been held that teachers cannot claim this right as 
 a matter of course ; but that school officers may, in the exercise of a 
 sound discretion, permit them to open and close their schools with prayer, 
 provided the inhabitants of the district do not seriously object, and pro- 
 vided also that the harmony of the district would not seriously be dis- 
 turbed thereby. 
 
 If the teacher, in his prayers, avoids all sectarian dogmas, and does not 
 improperly consume time, I do not see why he may not be permitted to 
 do what he believes to be his conscientious duty for the welfare of those 
 committed to his charge, by appropriately invoking the blessings of God 
 upon his important and responsible labors, as by properly addressing or 
 lecturing his pupils upon the importance of a strict adherence to the 
 principles of truth, justice and morality. 
 
 But the teacher should not insist on this privilege, nor should the local 
 directors grant it in cases where it would create dissatisfaction in the dis- 
 trict, or induce a portion of the inhabitants to withdraw their children 
 from school, because of sincere conscientious scruples on this subject.
 
 136 
 
 Tlie question as to tlie liglit of opening a school witli prayer is one of 
 great delicacy, and should be treated accordingly. In a matter of such 
 grave character, involving the interests of religion, the freedom of consci- 
 ence, and a sense of duty, school ofiGicers, teachers, and the inhabitants 
 generally, should exercise great forbearance and a spirit of conciliation. 
 John C. Spencer, one of the most distinguished jurists in the state of New 
 York, while acting as superintendent of common schools in that state, de- 
 cided a similar question as follows, viz: " Prayers cannot form any part of 
 the school exercises, or be regulated by the school discipline. If had at 
 all, they should be had before the usual hour of commencing school in the 
 morning, and after the hour of closing school in the afternoon. If any 
 parents are desirous of habituating their children to the practice of thank- 
 ing their Creator for his protection during the night, and invoking his 
 blessings on the labors of the day, they have a right to place them under 
 the charge of the teacher for that purpose. But neither they nor the 
 teacher have any authority to compel the children of other parents, who 
 object to the practice from dislike of the individual or his creed, or from 
 any other cause, to unite in such prayers. 
 
 "And on the other hand, the latter have no right to obstruct the former 
 in the discharge of what they deem a sacred duty. Both parties have 
 rights ; and it is only by a mutual and reciprocal regard by each of the 
 rights of the other, that peace can be maintained, or a school flourish. The 
 teacher may assemble in his school room before nine o'clock, the children 
 of those parents who desire him to conduct religious exercises for them ; 
 and the children of those who object to the practice, will be allowed to 
 retire or absent themselves from the room. If they persist in remaining 
 there, they must conduct with the decorum and propriety becoming the 
 occasion. If they do not so conduct, they may be dealt with as intruders." 
 
 In the same state, it was held by Gen. John A. Dix, an eminent states- 
 man and jurist, that "the teacher of a school may open it with prayer, 
 provided he does not encroach on the hours allotted for instruction, and 
 provided the attendance of the scholars is not exacted as a matter of school 
 discipline." 
 
 In a case which came before Ilenry S. Eandall, superintendent, and 
 which set forth that in a certain common school " the religion and faith 
 of Catholic children were interfered with by their being compelled to 
 'join in prayers,' and 'to read and commit' portions of a version of the 
 Bible of which the Catholic church disapproves," he said: "In theory, I 
 have never been able to doubt that intellectual and religious instruction 
 should go hand in hand. To divorce them entirely, and to bestow atten-
 
 137 
 
 r 
 
 tion on tbe former only, is to draw forth and add to tlie powers of tlie 
 mind, without giving any moral helm to guide it ; in other words, it is to 
 increase the capacity without diminishing the propensity to do evil. To 
 banish religious education from the schools is, in a multitude of instances, 
 to consign it to the care of the vicious, the ignorant, the careless, or those 
 who feel that they have no time to attend to it. The placing of it in its 
 natural connection with intellectual education in the school room, has met, 
 however, in our country, with serious practical obstacles. 
 
 "The government, not relying on the ability or willingness of every 
 •part of the state to maintain efficient schools for the education of the 
 young, by voluntary contributions, and recognizing the imperative neces- 
 sity of universal education for the maintenance of our civil and political 
 institutions, organized a general common school system, and made pro- 
 visions to aid those sending to school, in sustaining it by the payment of 
 a large sum annually from the treasury. To prevent this money from 
 "being misapplied, it prescribed the conditions on which it shall be received 
 and expended ; and it created a special state officer, with administrative 
 -and judicial powers, to carry out and enforce the system. The common 
 schools were thus dearly made a government institution. To introduce 
 "•into them, or permit to be introduced into them, a course of religious 
 instruction conforniiible to the views of any religious denomination, 'would 
 bo tantamount to the adoption of a government religion — a step contrary 
 :f to the constitution, and equally at variance with the policy of a free gov- 
 . ernment and the wishes of the people. To form for the schools a course 
 /.of instruction which could bear the name of a religious one, and which 
 •.would meet the vie'ws of all, was manifestly impossible. To give every 
 sect a pro rata share of the school moneys to enable it to support its own 
 schools, and teach its own system of religious faith in them, would be to 
 divide into a dozen or more schools the children v/ithin the territory con- 
 venient for attendance on a single school, and. in which the support of all 
 the inhabitants is frequently scarcely adequate, with the aid of the public 
 -' moneys, to sustain a single efficient school. Indeed, under this arrange- 
 ment, a single indigent family would often be required to support its own 
 school, to go without any, or to violate its conscience by joining with oth- 
 ers ir one in which a religious system was taught wholly at variance "ft'ith 
 its own. There are other reasons which have gone to convince the pub- 
 lic mind of the impracticability of carrying out such a plan so as to attain 
 the object sought — the education of all the people — which do not require 
 enumeration. 
 
 "In view of the above facts, the position was early, distinctly, and
 
 138 
 
 almost universallj taken by our statesmen, legislators and prominent 
 friends of education — men of tlie warmest religious zeal, and belonging to 
 every religious sect — that tlie instruction in our public schools should be 
 limited to that ordinarily included under the head of intellectual culture, 
 and to the inculcation of those general principles of morality in which all 
 sects, and good men belonging to no sect, can equally agree. 
 
 "We have seen that even prayer — that morning and evening duty 
 which man owes to his Creator — which even the pagan and savage do not 
 withhold from the godsof their bliAded devotion — which, conducted'in 
 any proper spirit, is no more sectarian than that homage which constantly 
 goes up from all nature, animate and inanimate, to the bountiful Giver of 
 all things: — has been decided by two eminent jurists as inadmissible as a 
 school exercise within school hours, when seriously and conscientiously 
 objected to by any portion of the inhabitants of a school district. 
 
 "This decision has been acquiesced in without a murmur, by the whol-e 
 religious public. The intelligent religious public have felt that there was 
 no middle tenable ground between religious instruction — strictly so called 
 — in our common schools, and the broadest toleration. 
 
 "Compelled by circumstances to adopt the latter position, they have 
 embraced it in its most compreher>sive import, and have nerved themselves 
 to the task of supplying a lamentable omission in the public schools, by 
 increased assiduity to the spiritual wants of their offspring in the family 
 circle, in the Sunday school, and in the church. In our crowded cities, 
 where poverty sinks to its lowest ebb, and vice puts on its most unmitiga- 
 ted forms, where, multitudes of children would receive-no religious instruc- 
 tion from or through the instrumentality of their parents, voluntary 
 church and and individual organizations are putting forth their endeavors 
 to supply such instruction. Many, doubtless, are : not reached by these 
 efforts; nor would they be reached if religion was taught in the common 
 schools, for the children of the extremely poor and the vicious oftentimes 
 could not or would not attend them." 
 
 Believing that 'the foregoing opinions and .decisions may now ,be 
 regarded as the well settled rule in the premises, and that they are founded 
 on principles of equity, and in accordance with that spirit of entire 
 religious toleration which characterizes our constitution and laws, and 
 which ought to characterize every institution founded by the state, I feel 
 no inclination to gainsay them. 
 
 Let it be distinctly understood, however, that if no objections are raised 
 against religious exercises in school, if the exercises are of reasonable 
 length, and if the teacher takes care to avoid the discussion of all contro-
 
 139 
 
 verted points, or sectarian dogmas, lie may conduct those exercises during 
 school hours. 
 
 Question 109. — When the board of education of a township, in which 
 the school house of a joint sub-district is situated, has made an estimate of 
 the expenses, of every kind necessary to sustain the school in such sub- 
 district, and the board of the adjoining township refuses or neglects to 
 supply its share of such expenses, what is the remedy ? 
 
 Answer. — The board of education, having the control and manage- 
 ment of the school, may apply to the supreme or district court for a writ 
 of mandamus, to compel the delinquent board to perform the duty which 
 is required by section 16, of the school law. 
 
 The language of said section is too obvious to be misunderstood, and 
 the duty enjoined too manifest to be mistaken. "And the board of the 
 adjoining township or townships, so connected for school purposes,. shall 
 each make the ]37-oper estimates of their share of expenses, of every hind 
 necessary to sustain said school, and certify the same to the auditor of 
 their proper county, as part of their annual estimates for school pur- 
 poses," etc. ,■ .: 
 
 If, however, the board having the control and management of said 
 school, should prefer not to go to law on the subject, they may regard said 
 neglect or refusal, on the part of the other board,' as tantamount to an 
 agreement to have said joint sub-district dissolved, and may proceed to 
 incorporate their part of it with other sub-districts in their township, and 
 thus avoid any further trouble on the subject. 
 
 Question 110. — When the qualified voters of a sub-district fail to meet 
 and elect a local director, at the time designated for the annual meeting, 
 and the director whose term of office has expired, refuses "to continue in 
 office until his successor is elected and qualified," what is to be done? 
 
 Answer. — Any three of the qualified voters of such sub-district, may 
 call a special meeting of the voters of such sub-district, for the purpose of 
 electing a director, as provided in sec. 4 of the school law ; and if such 
 special meeting be not called within a reasonable time, the township clerk 
 may appoint a person to act as local director, until such special meeting be 
 called and a local director be duly elected and qualified. 
 
 Question 112. — Does the school law of this state confer upon colored 
 youtli the privilege of entering, as a matter of legal right, the common 
 schools of the city, village or township in which they reside? In case 
 the law does not allow them this privilege, how shall provision be made 
 for their education when there are only two or three such youth in a 
 school district?
 
 140 
 
 Answer. — Under the general scliool law of this state, colored youth 
 are not allowed to enter, as a matter of right, the schools provided for 
 white youth. But they are entitled to a per capita share of all school 
 funds made applicable to the payment of teachers ; and it is the duty of 
 the several boards of education to see that said share of the school funds 
 is properly expended for the education of said colored youth, and for no 
 othe^r purpose. 
 
 By sec. 81 of the school law, the board of education in each township, 
 city and incorporated village in the state, is required to establish within its 
 respective jurisdiction, one or more schools for colored children, whenever 
 the whole number exceeds thirty by enumeration. "Whenever the num- 
 ber does not exceed, thirty, theh it is the duty of said board to reserve the 
 money- apportioned to "any township, city or village on account of said 
 colored''youth, and expend the same in such manner as said board may 
 deemrnost expedient" and advantageous far the education of said youth. ' 
 
 In rtfost of th'^'Biib- districts in which there are only two or three resi- 
 dentfcolored youth, the inhabitant^, have waived all legal objections to the 
 education of said y6uth in the. common schools of the district. And it is 
 hoped that in no sub-district in the state, 'the inhabitants will be found so 
 extremely fastidious or ■ufiphilanthropio, as to deprive a poor colored 
 youth bf all educatipri, rather than allow him to attend the common 
 school. ' 
 
 Question 113. — In" a" Certain sub-district, in the township of , a 
 
 new school house has been erected, but so situated that, by reason of 
 swamps, and the want of passable roads, it can not be reached by a large 
 ^number of scholars resident in said sub- district. The local directors 
 refuse to establish two schools therein, and heiice several of the inhabitants 
 . are obliged to maintain 'a private school, or let their children go without 
 education, and this, too, notwithstanding -.they pay taxes for the support 
 of schools. What is the remedy for such" 'Evident injustice to a portion of 
 the people of this siib-district ? 
 
 Answer. — By section 63 of the general school act, it is declared that, 
 all the real and personal property in the state shall be taxed, for the pur- 
 pose of "affording the advantages of free' education to all the youth of this 
 state.'''' Hence, every inhabitant may reasonably demand of the board of 
 education, in the township in which he resides, the establishment of a 
 school within such a distance of his residence, and with such facilities for 
 reaching it, as would enable his children to attend it, without traveling an 
 unreasonable distance, or over impassable roads, or through swamps. 

 
 141 
 
 Until suck roads are rendered passable, and the swamps drained or 
 bridged, the inhabitants who are incommoded, as already stated, should 
 apply to the township board for permission to send their children to the 
 schools in other sub -districts, more accessible ; and the board would be in 
 duty, and in law, bound to grant such permission, if the facts are as stated. 
 And, if the board should refuse, without good cause, to grant the privilege 
 solicited, the parties feeling themselves aggrieved, could then apply to the 
 district or supreme court for writ of mandamus, to compel the board to do 
 its duty in this regard. 
 
 Question 1 (S). — In township, the local directors employed a 
 
 young man to teach their school. After a few weeks, it was discovered 
 that his moral influence over his pupils was of a most pernicious character. 
 He had, in a clandestine manner, circulated among them a vile and licen- 
 tious book, which was calculated to excite the grossest passions, and lead 
 to shameful and ruinous practices. Many of his pupils were withdrawn 
 by their parents from the school, and the directors were requested to dis- 
 miss him from their employment. A majority of them, however, decided 
 to continue him in charge of the school. Have the township board of 
 education authority under our school law, to interfere in the matter, and 
 discharge the teacher ? If not, what course can be pursued, lawfally, to 
 secure the dismission of the teacher ? 
 
 Answer. — It is deeply to be regretted that instances like this should 
 arise under the operation of our school system. The object of our schools 
 is the improvement of those who attend them. Such improvement will 
 not be secured under the instructions of ignorant or immoral teachers. The 
 greatest possible defect in the qualifications of those to whom the instruc- 
 tion of our children is committed, is the want of high-toned morality. 
 Nowhere else are evil principles and vicious habits more destructive in 
 their operations than in the teacher. A noble, honorable and pure spirit 
 is an indispensable requisite in all whose work it is to mould the charac- 
 ters and shape the destinies of the young. That such a teacher as he in 
 regard to whom complaint is made, should be removed from his office 
 without unnecessary delay, all considerate persons must admit. The ques- 
 tion is, how shall this removal be effected ? It is thought by some that 
 the board of education have authority, when, in their estimation, the inter- 
 ests of schools require it, to interfere in such matters, and overrule the 
 decisions of the local directors. If they have this right, it is wholly infer- 
 ential ; for it is not explicitly conferred by the school law. In section 6 
 of this law, it is declared that "It shall be the duty of the school directors, 
 in each sub- district, to take the management and control of its local inter-
 
 142 
 
 Gsts and affairs, to employ teachers, "" '■^' and to dismiss any teacher, at any 
 time, for such reasons as they may deem sufficient." The right of appeal 
 from their decision in such cases is nowhere expressly given. In the 
 opinion of the undersigned, the action of the local directors in such cases 
 should be considered decisive and final. Otherwise numerous and unfor- 
 tunate collisions will arise between the local directors and the board of 
 education. 
 
 Section 45 of the general school law, provides an appropriate and suffi- 
 cient remedy for all such cases. Its language is, "If, at any time, the 
 recipient of the certificate shall be found incompetent or negligent, the 
 examiners, or any two of them, may revoke the same, and require such 
 teacher to he dismissed^ 
 
 If, upon due examination, the examiners find that the teacher has been 
 guilty of immoral practices, it is their imperative duty to revoke his cer- 
 tificate, inasmuch as the law makes a ^^good morojl character'''' a requisite to 
 obtaining such certificate. 
 
 Question 2 (S). — Can a board of education, under the restriction of the 
 last legislature, levy a tax, general or special, for building purposes, etc., 
 which will amount in the aggregate to more than two mills on the dollar, 
 without submitting the subject to a vote of the people ? The effect of the 
 law seems to make this restriction, whether designed or not. And such 
 restriction is certainly needed, on account of the abuses practiced under 
 the authority of ih.Q 23d section. The special assessments are becoming 
 the rule, and the township levy the exception. This practice not only 
 imposes heavy and perplexing duties upon the auditors, but is also the 
 source of constant jealousy and strife among township officers. A sub- 
 district levy for building purposes, usually runs from eight to fifteen mills 
 on the dollar ; and the above restriction would virtually do away with 
 such levies, as the amount produced would be insufficient to accomplish 
 the objects desired. 
 
 Answer. — Numerous inquiries have been addressed to this department, 
 relative to the effect upon the 23d section of the recent amendments of the 
 22d section of the general school law. Many entertain the opinion 
 expressed in the above inquiry, which comes from the auditor of Meigs 
 count3^ Others claim that section 23 is in no manner modified by the 
 amendments above named. They contend that inasmuch as this section 
 was neither amended nor repealed, it still gives boards of education 
 authority to levy, without restriction, taxes upon sub -districts, for building 
 purposes. 
 
 In order to arrive at just conclusions upon this subject, a correct idea of
 
 143 
 
 the original purpose and design of section 23 is necessary. It formed no 
 part of the law as first drafted and presented to the legislature. The purpose 
 and spirit of the law were to impose toiunship taxes for all school purposes, 
 whatever. To this plan some members objected ; and as a compromise of 
 conflicting opinions, section 23 was added. This section was never 
 designed to oiiginate power with the boards of education to assess taxes 
 additional to those named in section 22, It is in its character supplemen- 
 tal to that section, defining how, under given circumstances, the taxes 
 named in said section 22 shall be levied. Whatever amendments, therefore 
 go to restrict or limit the power of taxation conferred by section 22, pass, 
 by necessity, to the following section. 
 
 Among the amendments to the school law, passed April 17, 1857, is a 
 modification of section 22, which limits taxation for all school purposes, 
 other than the payment of teachers, to two mills on the dollar, of the tax- 
 able property of the township ; excepting in cases where a vote of the 
 township shall docide that a greater tax is necessary. As section 23 is, 
 virtually, part and parcel of section 22, no greater tax than two mills on 
 the dollar can be levied upon any sub-district for building purposes, except 
 when the people of the township shall, by vote, order otherwise. 
 
 If the effect of this opinion shall be a practical repeal of section 23, it 
 will be, in the opinion of the undersigned, no cause for regret; as said sec- 
 tion has been a constant source of difficulty between various school authori- 
 ties, and of injury to the cause of education throughout the state. 
 
 Question 3 (S). — Is it possible, under the school laws of the state, for 
 township boards so to distribute the school funds as to give the small dis- 
 tricts an equal number of months of school with the larger ones ? There 
 are several sub-districts in this (Pike) county, which pay heavy taxes, but 
 enumerate few youth. They do not receive funds sufficient to sustain 
 Schools half as long as do the more populous adjoining districts, which 
 pay much less for the support of schools. Must the board, in all cases, 
 distribute funds according to the enumeration? 
 
 Answer. — Section 24 of the school law, as enacted in 1853, was explicit 
 in requiring that the disposition of funds, applicable to the payment of 
 teachers, should be in proportion to the youth enumerated. Its language 
 was, "all school funds, made applicable to the payment of teachers only, 
 vshall be distributed to the several sub- districts, and fractional parts thereof, 
 in the township in proportion to the enumeration of scholars, v^ith the 
 exception of so much of the township tax as may have been levied and 
 reserved by the board for sustaining teachers in the central or high schools, 
 and such school funds as arise from the sale or rents of section sixteen, or
 
 144 
 
 other lands in lieu thereof, shall be distributed to the localities to which 
 such funds belong." 
 
 This rule worked great injustice and inconvenience in many townships 
 in all parts of the state. In some sub-districts, large sums of money were 
 accumulated from surplus funds, over and above what was required to 
 maintain their schools seven months in the year. In others, the amount 
 received was not sufficient to maintain the schools for half that time. This 
 arose from the inequality of the sub-districts in respect to the- number 
 of youth which they included. 
 
 But this evil was entirely removed by the amendment of this section, 
 passed April 17, 1857. The township tax, which shall be levied for the 
 continuation of schools after the state fund has been exhausted, may be 
 distributed according to the necessities of the several sub districts. That is, 
 ''^ those sub-districts ivJiich contain comparatively a small numher cf resident 
 youth of school aje, and ivhich, oiving to sparseness of population, and other 
 unavoidable obstacles, can not be enlarged without serious inconvenience to the 
 inhabitants,^^ may receive a greater share of the school fund than they 
 could draw on the ground of enumeration. 
 
 Let it be understood that the moneys derived from the state levy of one 
 and one-half mills on the dollar valuation, are still to be distributed to the 
 several sub-districts, in proportion to the enumeration of scholars. The 
 distribution of funds raised by the township tax for the continuation of 
 schools after the state fund has been exhausted, are, alone, subject to the 
 discretion of the township board of education. 
 
 Question" 4 (S). — Can a sub-district, which has a surplus of money 
 applicable to the payment of teachers, be made to divide with smaller sub- 
 districts in which there is a deficiency ? 
 
 Answer. — Inasmuch as section 24, of the general school lay^, prior to 
 amendment, March 17, 1857, required that all funds such as are con- 
 templated in the question, "shall be distributed to the several sub- districts, 
 and fractional parts thereof, in the township, in proportion to the enumera- 
 tioa of scholars," and as the operation of this rule has in numerous instan- 
 ces, induced in townships the condition which the question implies, it is 
 evident that the interests of education demand a refunding of surplus 
 moneys, that the same may be applied to relieve the necessities of such 
 sub-districts as are deficient in funds. But I know of no law which would 
 "compel" the refunding of moneys received according to the explicit pro- 
 visions of law. There is, however, a remedy, which township boards of 
 education can apply in all such cases of injustice and inconvenience. By 
 the amendment alluded to, boards have authority to distribute the funds
 
 145 
 
 raised by townsliips for prolonging scliools after the state fund has been 
 exhausted, according to the necessities of the several sub-districts. If, therefore, 
 a given sub-district has a surplus on hand, the board may take that fact 
 into account, and at their next distribution make such a division of funds 
 as would equalize the resources of all the sub- districts. 
 
 It is true that this remedy is prospective in its operation. It does not 
 furnish immediate relief to the smaller sub districts. Still, it assures them 
 of relief at the earliest period consistent with the provisions of law. 
 
 Question 5 (S). — Does the school law require that the superintendent 
 of the schools in a city or village, be examined, and receive a certificate of 
 qualifications to teach, in order to draw his pay from public funds ? 
 
 Answer, — No such office as that named in the question, is known to 
 
 any existing school law of the state. Section 13 of the general school 
 
 ' law, gives the township board authority to appoint one of their own number 
 
 \ the acting manager of schools for the township. But this is not such an 
 
 ! office, precisely, as that named in the inquiry. 
 
 That the character of this office may be understood, we must consider 
 its accustomed duties. What, then, are the appropriate labors of a super- 
 intendent of the schools of a village or city ? 
 
 In our larger towns, the superintendent devotes all his time to the gene- 
 ral oversight and management of the schools. He recommends to the 
 board of education suitable persons to be employed as teachers. He fre- 
 quently visits the several schools, and advises or directs the teachers in 
 reo-ard to their duties. He calls meetings of the teachers, and gives them 
 instruction in regard to teaching and discipline. He examines classes, 
 and promotes pupils from grade to grade, according to their proficiency. 
 He takes oversight of the biiildings and other school property. In the 
 smaller towns, he acts not only as a general superintendent of the schools, 
 but also as teacher in some one of the departments; devoting, perhaps, 
 one-half his time to each of these branches of labor. In any case, his 
 duties are just what the board, his employers, may please to make them. 
 No state law creates his office, or defines his duties. In all things, he is 
 subject to the will of the power that gives him his position. 
 
 It needs no argument to prove that he is, virtually, the princip)al of the 
 schools; that is, the head teacher, or i\iQ foreman of the teachers, and as such 
 teacher, it is manifestly proper that he should receive from the proper 
 source a certificate of quahfications. He receives his salary from the 
 same fund, and in the same manner that other teachers do. And as the 
 Law positively forbids the disbursement of this fund to any excepting 
 10
 
 146 
 
 teachers liolding the proper certificate of qualifications, it is plain that the 
 question should receive an affirmative answer. 
 
 Question 6 (S). — If directors furnish a teacher with a set of Vv^ritten 
 rules, and he gains the disapprobation of some parents by trying to carry 
 them into effect, have the directors power to close the school before the 
 term expires ? Or, if a teacher is discharged while he is complying with 
 the reasonable requirements of the directors, can he not recover pay fcr 
 the full term, according to the article of agreement? 
 
 Answer. — Inquiries similar to the above, are frequently received at 
 this office. Section 6 of the general school law, makes it the duty of the 
 school directors "to employ teachers, * * * and to dismiss any 
 teacher at any time, for such reasons as they may deem sufficient." 
 
 Section 11, of "an act to amend, and supplementary to an act entitled 
 ' an act to provide for the reorganization, supervision and maintenance of 
 common schools,' passed March 4, 1853," dated April 17, 1857, provides 
 that " If the directors of any sub -district dismiss any teacher for any 
 frivolous or insufficient reason, such teacher may bring suit against such 
 sub-district, and if, on the trial of the cause, a judgment be obtained 
 against the sub-district, the directors thereof shall certify to the clerk of 
 the bqard the sum so found due, and he shall issue an order to the person 
 entitled thereto, upon the township treasurer, to pay the same out of any 
 money in his hands belonging to said sub-district, and applicable to the 
 payment of teachers. In such suits, process may be served upon the 
 clerk of the sub-district, and service upon him shall be sufficient." 
 
 These provisions are so clear and explicit as to render explanation unne- 
 cessary. Directors have power to dismiss a teacher for such reasons as 
 tliey may deem sufficient. But should the court before which the teacher 
 should bring suit, deem these reasons "frivolous or insufficient," such 
 teacher can recover such an amount as the court shall judge to be just 
 and proper. Whether this amount, in any case, shall be the same as the 
 "pay for the full term according to the article of agreement," will, doubt- 
 less, depend upon the facts pertaining to each litigated case. 
 
 Competent and worthy teachers are liable to be dismissed by incompe- 
 tent and unworthy directors. But such cases will be exceedingly rare. 
 The chief danger in regard to this matter is that worthless teachers wiU 
 be suffered to continue in charge of schools, when both justice and mercy 
 demand that they should be dismissed from an employment for which 
 they are utterly unqualified. Because a teacher has obtained a certificate 
 from a board of examiners, it does not of necessity follow that he is compe-
 
 147 
 
 tent to take charge of the instruction of children and youth. In practical 
 knowledge, tact and discretion, the directors may find him to be so defi- 
 cient as to render his dismission their imperative duty. In such a case, the 
 teacher could not, and should not recover damages. 
 
 Question 7 (S). — Some two 3 ears since, the board of examiners for 
 
 county, granted a certificate of qualification for teaching school to a 
 
 certain young man of said county. He sustained the examination with 
 great credit to himself, and gave satisfactory evidence of an excellent 
 moral character. But upon trial he failed in regard to government. He 
 could not preserve due order in the school room, and before the time for 
 which he had been engaged had expired, he was dismissed by the direc- 
 tors. He subsequently engaged in another school, and although he con- 
 tinued till the close of his engagement, he, failed to maintain order, and 
 the school was of little or no utility to those who attended it. 
 
 A few weeks since, he applied to be examined for another certificate, 
 which the board refused to grant, on the ground of his repeated failures 
 in governing his pupils. Are the examiners justifiable for this refusal? 
 
 Answer. — Most certainly they are. Scholarship and moral character 
 are not the only requisites required of teachers. No qualifications are of 
 higher importance than the ability to maintain due order in the school 
 room. 
 
 Some young teachers may fail for one term in governing a school, but 
 after that experience, achieve satisfactory success as disciplinarians. For 
 a single failure of this kind, they should not be rejected. But w'hen it 
 becomes a settled point that candidates are particularly deficient in the 
 matter of government, they should be rejected by the board. 
 
 Examiners need exercise discretion in deciding such cases. 
 
 Question 8 (S). — Can a woman be a legal examiner of teachers, under 
 the several school laws now in force in Ohio ? If so, is it proper and 
 expedient that they should be appointed to this office ? 
 
 Answer. — The answer to the former of the above inquiries, must 
 depend, upon the phraseology of the laws which create the office of exam- 
 iner. Section 44 of the general school law makes it " the duty of the 
 probate judge, in the several counties of this state, as soon after the elec- 
 tion of school officers under the provisions of this act as practicable, to 
 appoint a county board of school examiners, to consist of three competent 
 persons, resident in the county," etc. Under this law, it is manifest that 
 a woman is competent, legally, to hold the office of examiner. She is a 
 "person," and may be "a resident in the county."
 
 148 
 
 Section 9 of the Akron school law makes it the duty of the town coun- 
 cil " to appoint three competent persons, to serve as school examiners of 
 said town, all of whom shall be citizens of Akron," etc. Section 13 of the 
 " general act for schools in cities and towns," sajs the " board of education 
 within twenty days after their election, shall appoint three competent per- 
 sons, citizens of said district, to serve as school examiners of the public 
 schools therein," etc. 
 
 These last two laws require that the examiners shall be '■'■ citizens y It 
 may be that the legislatures which enacted these laws, intended to require 
 only that the examiners should be residents, etc. Still, the language of the 
 law must govern in the case, unless the courts shall decide otherwise. A 
 woman is not, legally, a ^'' citizen f for this term implies, in law, much 
 more than mere residence. It implies the rights of elective franchise, 
 which have not yet been accorded to woman. 
 
 In regard to this point, it is proper to remark that I have consulted the 
 highest legal authority in the state, and have conformed my opinion to the 
 advice thence derived. 
 
 In regard to the second inquiry, whether it is expedient that women 
 should hold the office under consideration, it is my opinion that circum- 
 stances should receive due regard, in determining the answer. If men who 
 are every way qualified for the office, will accept the position, there are 
 strong reasons why they, rather than women, should receive appointment. 
 Under the general school law, the only one under which women are legally 
 competent, the examiners are county officers ; and it frequently becomes 
 necessary that they travel from ten to twenty miles, for the purpose of 
 holding examinations. When a large number of candidates are examined, 
 severe and tiresome labor must be performed. Many women are physi- 
 cally incompetent for such fatiguing service. It sometimes happens that 
 ignorant and coarse men, who, upon examination, are refused certificates, 
 become denunciatory and brutal in their language ; threatening vengeance 
 upon the examiners. It would be improper, not to say cruel, to subject 
 women to such indignities. 
 
 But whenever men of suitable qualifications will not accept this office, 
 it is far better that women, if qualified, should receive the appointment, 
 than that it should be given to incompetent men. 
 
 Note. — It did not occur to me in writing the above opinion, that the 
 question is settled by the constitution oi the state. Art. XV., sec. 4, 
 declares that " no 'person shall he elected or appointed to any office in this state 
 unless he possess the qualifications of an elector y
 
 149 
 
 Question 9 (S). — A short time since, tlie x)robate judge of county, 
 
 for reasons satisfactory to himself, saw proper to remove one of the school 
 examiners of this county, and appointed me in his stead. The removed 
 officer refuses to yield his seat, alleging that the probate judge has no 
 lawful authority vested in him, giving him the power to remove a school 
 examiner. I would then propose the query, whether the probate judge 
 has the authority to remove a school examiner for any reason, or not? 
 and if not, to what authority or court are they amenable for their conduct ? 
 And should they fail to discharge faithfully and impartially the responsi- 
 ble duties devolving upon them, or should be guilty of conducting them- 
 selves in an unbecoming manner, what course must be pursued ? 
 
 Answer. — The school law makes it the duty of the judges of probate 
 to appoint school examiners for their respective counties ; but it does not 
 confer upon them the power of removal from office. Power to appoint 
 does not carry with it the power to remove. It is my opinion that there 
 is no law for the removal, or impeachment, of school examiners. 
 
 This fact should induce probate judges to exercise great discretion and 
 carefulness, in their appointments to this office. By this course they may 
 avoid the necessity for removals. 
 
 In the opinion of the undersigned, it is not desirable that probate judges 
 should have power to remove examiners ; as they would often be impor- 
 tuned to make removals for insufficient reasons. For example, any one 
 who should become dissatisfied with the doings of the examiners, could 
 get up petitions for their removal. Should the examiners be thorough 
 and faithfal in their examinations, and refuse certificates to the incompe- 
 tent, they would, in many instances, be rewarded with malicious persecu- 
 tion. It is better that an unworthy examiner should be retained in the 
 board, for his brief official term, than that the door should be opened to 
 the ingress of interminable difficulties. 
 
 Question 10 (S). — The local directors of one of the sub-districts in ■ 
 
 county, employed a teacher some time in December last, to teach for them, 
 who had not at the time a certificate. He closed his school in February 
 last, and at our regular monthly meeting in April he applied and obtained 
 a certificate, dated upon the day of examination. The clerk of the town- 
 ship refuses to grant an order on the certificate. Suit is threatened if he 
 grants it, by one party, and by the other if he withholds it. They appeal 
 to the board of examiners to relieve them by dating the certificate back 
 to cover the time in which he taught. 
 
 Question, — What is the respective duty of the several officers, from the 
 local directors up to the board of examiners, in this special case? Would
 
 150 
 
 "we be justifiable in daliDg liis certificate so as to include tbe time, or would 
 tlie clerk be justified in granting an order on tbe certificate obtained some 
 tliree montlis after the close of tlie school ? 
 
 Answer. — Sec. 45 of tlie school law plainly and positively forbids the 
 employment of a teacher who is not, at the time of his employment, in 
 possession of a certificate of qualifications for teaching, obtained from the 
 board of examiners for the county in which he is to teach. Seldom or 
 never should this prohibition be disregarded ; for it is not safe to take it 
 for granted that a teacher who is not in the possession of a certificate of 
 qualifications, will be able to obtain such certificate. Should such a 
 teacher ultimately fail of obtaining a certificate, under no circumstances 
 should the public school funds be appropriated to the payment of services 
 rendered ; but the directors would, in their individual character, be liable 
 for such payment. 
 
 In some instances which have come to the knowledge of the undersigned, 
 directors have sought to prevent or avoid such liability, by an agreement 
 with the teacher that he should assume the responsibility of obtaining a 
 certificate ; and that if he fails to obtain it, he shall receive no pay for the 
 services which he may render. Such a proviso may exempt the directors 
 from pecuniary liability ; but it does not, necessarily, protect the people of 
 the sub-district against the danger of a worthless school ; and directors 
 would find it difiicult to justify such trifling with the high interests which 
 they are set to guard. 
 
 It is my opinion that township clerks should never draw orders for the 
 payment of teachers for time not covered by their certificates. This is the 
 only safe rule by which they can be governed in this matter. 
 
 Should an instance arise, when it should become absolutely and unavoid- 
 ably necessary that a teacher commence school prior to obtaining a certi- 
 ficate, and then at the first subsequent meeting of the board of examiners 
 obtain a certificate, it is my opinion that said board may ante-date the same 
 so as to cover the time during which he has taught. But no such dating- 
 back should be granted him in case he had neglected to use due diligence 
 to possess himself of a certificate at an earlier period. 
 
 For obvious reasons, it is far better that the necessary discretion in this 
 matter should be exercised by the board of examiners, than by the town- 
 ship clerk. 
 
 Question 11 (S). — A teacher was employed for the term of three months, 
 and was to receive $20 per month for his services. At the time of his en- 
 gagement he had obtained no certificate from the board of examiners ; and 
 he taught six weeks before applying for examination. He then obtained a
 
 151 
 
 certificate for one year. Tlie local directors certified to the township clerk 
 that there was due the teacher $60, for three months' services. Bat inas- 
 much as his certificate of qualifications covered but half of this time, the 
 clerk declined to draw an order for more than half the amount; that is, 
 $30. Such an order the teacher refused to receive ; and reported the case 
 back to the local directors. The directors then certified to the clerk that 
 the teacher had taught one month and a half, at $40 a month ; and that 
 there was due him $60. But the clerk, believing that this was a mere 
 trick for evading the force of a just law, still refused to draw the order for 
 the fall amount. 
 
 Questions. — Was the action of the directors and teacher in this matter 
 legal and justifiable? and had the township clerk any just right to go back 
 of the certificate of the directors, and refase to draw an order for the fall 
 amount? 
 
 Answer. — In respect to the propriety and honesty of the course pur- 
 sued by the directors and teacher in this case, my opinion coincides 
 entirely with that entertained and expressed upon the subject by the 
 township clerk. But in addition to this estimation of the case, there are 
 serious legal objections thereto. Section 24 of the school law enjoins the 
 duty of keeping up schools in all the sub-districts for at least six months 
 in each year. If boards of education report but half the time during 
 which schools have been sustained, they represent themselves as violating 
 the law which requires twice the amount of time which is given in their 
 reports. 
 
 As to the second inquiry, I must give it as my opinion that the course 
 pursued by the township clerk was justifiable and worthy of praise. In 
 all ordinary cases, and in the absence of all evidence of illegality in the 
 proceedings of the local directors in such matters, it is no part of the duty 
 of the clerk to go back of the certificate of the directors, and inquire into 
 the propriety of their official acts. In such cases his duties are simply 
 executive, and not judicial. But when he is in possession of the fullest 
 testimony that he is required to aid and abet in the perpetration of a fraud, 
 to assist in obtaining public funds under false pretenses, it clearly becomes 
 his duty to decline such participation. 
 
 It is the design of the law that directors, clerks, treasurers, and auditors 
 shall act as checks upon each other; otherwise the school funds might 
 pass directly from the pockets of the tax-payers into the hands of the local 
 directors. But all experience has shown the necessity of appropriate 
 checks and guards, to prevent the perversion and squandering of public 
 funds.
 
 152 
 
 Question 12 (S.) — The board of school examiners for county 
 
 hold their meetiags on Saturday of every week. Each session continues 
 upon an average not to exceed three hours. Each member of the board 
 receives for such services the legal fee of one dollar and fifty cents for 
 each day thus employed. In addition to this, the clerk of the board 
 makes a charge of five dollars per quarter for recording proceedings. 
 
 Question. — Have the clerks of boards of examiners a legal right to 
 receive pay for clerical services, additional to that received as members of 
 the boards of examiners ? 
 
 Answer. — When the meetings held for examination are so largely 
 attended as to require the whole day for the simple work of examination, 
 leaving the clerk no time to make out certificates and record proceedings, 
 rendering it necessary that this work should be performed on another day, 
 it is just and proper that he receive pay for the same, at the rate of one 
 dollar and fifty cents a day. But such cases will seldom or never occur 
 where the meetings of the board are frequent, and when examinations are 
 conducted on the plan of oral questions. 
 
 In all cases similar to the one stated above, extra charges by the clerk 
 are illegal; and such accounts should never be allowed by the county 
 auditor. 
 
 Question 13 (S.) — In two of the sub-districts of township, special 
 
 taxes were levied in 1857, for the erection of school houses therein. The 
 cost of these houses considerably exceeds the amount raised for their 
 erection. Can this deficiency be made up by a special levy upon those 
 sub-districts the present year? 
 
 Answer. — Certainly not. The amendment to the twenty-third section 
 of the school law, passed April 12, 1858, declares '■Hhat such tax shall not 
 he levied in any sub-district wherein the same has been heretofore levied^ nor in 
 any case shcdl it be assessed more than once in any sub-district.^^ 
 
 Question 14 (S.) — What is the just and true interpretation of the 
 amended twenty -third section of the school law, where it declares that a 
 special tax ' shall not be levied in any sub-district wherein the same has 
 been heretofore levied?' Does the intention of the word ^ heretofore,^ 
 reach back to a period prior to the enactment of the present school law, 
 which was passed March 14, 1853 ? 
 
 Answer. — Of course it can refer to no other taxes than those which 
 have been levied under the authority of this twenty -third section. Under 
 the system which prevailed previous to the enactment of the present law, 
 every district in the state had paid taxes of this character. Any sub- 
 district which has not paid a special tax since the present law came into
 
 153 
 
 force, is liable to a levy not exceeding two mills on the dollar, (unless a 
 greajter assessment shall be approved by a vote of the township,) for the 
 cost of purchasing a school house site, and erecting or repairing a school 
 house thereon. 
 
 Question 14 (S.) — Are residents of sub -districts, composed of frac- 
 tional parts of different townships, entitled to vote in the election of local 
 directors, unless resident of that portion of such sub-district which lies 
 within the township where the school house is located ? In other words, 
 are residents of such fractional parts of townships, where no school house 
 is located, entitled to any vote in such election ? If so, can such directors 
 be elected from either or all the fractional parts of townships, or only from 
 the one in which the school house is located ? If from any or all, the 
 clerk being selected from the number, should he chance to be a resident 
 of a fraction where the house is not situated, will he be a representative 
 in the board of the township in which he resides, or in that of the town- 
 ship where the school house is located ? 
 
 Answer. — The first of the above inquiries I answer,- without hesitation, 
 in the affirmative. Sec. 2 of the school law provides that residents within 
 sub-districts who have the qualifications of voters at the state and county 
 elections, shall be entitled to vote in the election of local directors. The 
 fact that a sub-district may be composed of fractional parts of different 
 townships does not, in the opinion of the undersigned, alter the case in 
 the least. Sec. 16, which authorizes the establishment of joint sub-dis- 
 tricts, gives no intimation that any portion of the electors resident within 
 such sub-districts are to be disfranchised, so far as having a voice in the 
 selection of local directors is concerned. 
 
 The second point of inquiry I answer by expressing the opinion that 
 local directors for joint sub-districts can be chosen from any parts of such 
 sub-districts. The right to vote under the school laws of the state, car- 
 ries with it the right to hold office under such laws. 
 
 The last point of inquiry is not so easily answered. Should the local 
 directors choose their clerk from a part of the sub-district which is not in- 
 cluded within the township in which the school house is situated, and said 
 clerk thereby become a member of the board of education for a township of 
 which he is not a resident, it might be objected that it involved a conflict 
 of legal and municipal principles. But in reply to such objection it is 
 sufficient to state, that every part of a joint sub-district becomes, for school 
 purposes, a part of that township in which the school house is situated ; 
 so far, at least, as the matter under consideration is concerned. It, is.
 
 164 
 
 tlierefore, legal and proper tliat tlie clerk of a joint sub-district should 
 become a member of the board of education, without regard to the ftict of 
 his residence in one or another of the fractional parts of townships which 
 compose the joint sub-district. 
 
 Question 15 (S.) — Bj the township levy for 1857, for the purpose of 
 prolonging the schools in the several sub-districts after the state funds 
 were exhausted, there was raised the sum of $471.69, which was to be 
 distributed between 860 scholars, which on the 19th of April last, was 
 divided as follows, showing the namber of scholars, the amount of state 
 fands, the amount of township fands, and the total amount to each sab- 
 district : 
 
 No. of sub- district. 
 
 No. of schol- 
 ars. 
 
 Amount of 
 State Fundi. 
 
 Amount of 
 T'p Funds 
 
 Total am't to 
 each sub-dist. 
 
 1 
 
 90 
 92 
 61 
 62 
 55 
 
 $142 80 
 
 145 98 
 
 96 82 
 
 98 41 
 
 87 25 
 
 $65 63 
 62 65 
 111 18 
 110 22 
 121 38 
 
 1208 63 
 208 63 
 208 63 
 
 2 
 
 3 
 
 4 
 
 20H 63 
 
 5 
 
 208 63 
 
 
 
 The question which the board wish you to answer is this: Is the above 
 distribution in accordance with the spirit of the law, or should they have 
 provided a six months' school for the smaller sub-districts, and have left 
 the remainder to be appropriated to those larger sub-districts, so as to have 
 extended the schools to a longer period than six months? There seem to 
 be some doubts in the minds of some of the members of the board as to 
 the propriety of such a distribution of the township funds. 
 
 Answer. — It is my opinion that the distribution of school funds by 
 your board of education was in accordance with the spirit of the law, as 
 expressed in the amended twenty -fourth section. It certainly was just 
 and ptoper, provided the sub-districts required teachers of equal qualifi- 
 cations. As a general fact, a school containing thirty pupils, needs as 
 good a teacher as one which contains a greater number. Still, in some 
 instances it is necessary to employ a more expensive teacher for the larger 
 school. The work to be done requires more activity, energy, tact and 
 physical endurance ; and it is entirely proper and j ast that such a teacher 
 should receive a higher compensation than one in a school which does not 
 demand these qualifications to so great an extent. 
 
 After providing amply for a school of at least six months in each sub- 
 district, it is my opinion that it is entirely proper that any balance of 
 funds applicable to the payment of teachers which may remain on hand 
 may be appropriated at the discretion of the board.
 
 155 
 
 Permit me to express my gratification that your board are disposed to 
 deal so liberally with the less populous sub-districts. It is a cause for 
 regret that the same spirit does not prevail in all the townships of the 
 state. 
 
 Question 16 (S). — Our board of education are at loss to know how 
 they shall raise funds to keep up a school the length of time required 
 by law, when the directors have paid exorbitant prices for teaching, and 
 expended all of the public funds in three or four months. 
 
 Can they authorize a special tax on such sub-district, or must the funds 
 be furnished by a tax upon the township. 
 
 Answer. — No tax can legally be levied upon a sub-district for the pur- 
 pose of paying teachers' wages. It is the duty of the board of education 
 annually to estimate the amount of funds necessary for the purpose of pro- 
 longing, after the state funds have been exhausted, the terms of the seve- 
 ral sub-districts or primary schools in the township, and certify the amount 
 to the auditor of the county. This assessment cannot exceed two mills 
 on the dollar ; and it must be levied upon all the taxable property of the 
 township. The money thus raised, together with that derived from tke 
 state funds, will prove amply sufficient for sustaining the schools of the 
 township at least six months in the year. See school law, section 22. 
 
 If the local directors in any sub-district are disposed to pay "exorbit- 
 ant prices for teaching," and thus endanger the prospect of their ability to 
 sustain a school for six months, it is my opinion that the general super- 
 visory powers with which the law invests boards of education, are such as 
 to authorize said boards to establish rules limiting the amount which the 
 local directors may agree to pay teachers. 
 
 Question 17 (S). — The twenty-sixth, section of the school law makes 
 it the duty of the township board of education, "to make settlement with, 
 the township treasurer at their regular session in April annually." And 
 section 29 requires treasurers "annually between the first and twentieth 
 of February, to settle with the county auditor, and account to him for aU 
 moneys received, from whom and on what account, and the amount paid 
 out for school purposes in his township." Some treasurers think that 
 they should not make settlement with the auditor for school money not 
 applicable to the payment of teachers, and only settle for the teachers' 
 fund and the fund other than for the payment of teachers, settle for with 
 the board of education. 
 
 The question I wish answered is, what funds should they settle for with 
 the auditor, and what with the board of education ? If they are required
 
 156 
 
 to settle for all moneys witli the auditor, then what is left for them to 
 settle with the board of education ? 
 
 , Answer. — The township treasurer must "settle with the county- 
 auditor and account to him for all moneys received, from whom and on 
 what account, and the amount paid out for school purposes in his town- 
 ship." I know of no language by which the requirement that the treasu- 
 rer settle with the auditor for "aZZ moneys received," could be made more 
 clear and explicit. 
 
 In regard to the second point of inquiry, I give it as my opinion that 
 there is no impropriety in requiring the township treasurer to settle with 
 the board of education for the receipt and disbursement of the same 
 moneys in regard to which he is required to settle with the auditor. A 
 new board of education, or an old one reorganized, ccmes into power at 
 the time when this settlement is required to be made ; and there certainly 
 is propriety in the requirement that they should be made acquainted with 
 the amount and condition of funds subject to their order. 
 
 Question 18 (S). — Does the school law make provision for the pay- 
 ment of services rendered in preparing the various reports which it re- 
 quires ? 
 
 Answer. — Section forty-one provides that the county commissioners of 
 each county in this state, shall make the same allowance to the county 
 auditor out of their respective county treasuries, for services performed 
 and expenses incurred under this act, as is allowed for other services of 
 like nature. 
 
 It is, therefore, obvious that there is no ground for complaint on the 
 part of the auditors. 
 
 The township boards of education are, by section 25, authorized to im- 
 pose the duty of reporting to the auditors upon their clerk, or upon the 
 acting manager of schools for the township. Should they appoint, for 
 this purpose, the acting manager of schools, they may, according to sec- 
 tion 13, "allow him a reasonable compensation for his services." Should 
 they appoint the township clerk to prepare and forward the required re- 
 port he could claim and receive payment for this labor as well as for other 
 clerical services rendered. In reply to the inquiries whether township 
 clerks are entitled to remuneration for their services as members of the 
 township boards of education, or for making and transmitting to county 
 auditors abstracts of the enumeration returned to them, or for taking the 
 enumeration in case the directors in any sub-district fail to take and 
 return the same, or for filling vacancies in the boards of local directors
 
 157 
 
 or for drawing in favor of teacliers, or for acting as clerk at meetings 
 relative to central or high schools, or for prosecuting township treasurers 
 on their bonds, or for reporting to the state commissioner when ref|uired 
 to do so ? If so, from whom and from what funds ? The following 
 answer was given by the late commissioner, lion. H. II. Barney : 
 
 " The rule on this subject is understood to be that township or county 
 officers neither salaried nor created by the school law, but upon whom it 
 imposes certain new duties, are entitled to the same allowance out of their 
 respective county or township treasuries, for services performed and 
 expenses incurred under the school law, as is allowed them for other 
 services of like nature, rendered in their official capacity." 
 
 In most instances the township clerk is also the acting manager of 
 schools. In either case ample provision is made for payment of services 
 rendered in preparing and forwarding reports to the county auditor. 
 
 The reports which teachers are required to make demand no other re- 
 muneration than that which is received in their stipulated salaries. 
 
 The only remaining officers, upon whom reports are dependent are the 
 directors of sub-districts. They are required annually to take, or cause 
 to be taken, an enumeration of all the unmarried white and colored youth 
 between the ages of five and twenty-one years, resident within such sub- 
 district, and return the same to the township clerk. When it is considered 
 that there are in each sub-district three directors, and an average of about 
 sixty youth subject to enumeration, the annual duty thus imposed can not 
 be deemed as seriouslv onerous. 
 
 Although no provision is made for paying school officers for the dis- 
 charge of ordinary duties, yet it must be apparent to all that ample remu- 
 neration is provided for preparing and forwarding the several reports for 
 which our school law makes demand ; with the simple exception of the 
 enumeration in sub- districts. It is difficult to understand why such gene- 
 ral and earnest complaint should have been made against our school 
 system on this account. I am inclined to the opinion that the provisions 
 of the law relating to this matter have not been fully understood. 
 
 Question 19 (S). — What penalties does the school law impose for 
 neglecting to make the reports which it requires ; and have these penalties 
 been exacted in practice under the law ? 
 
 Answer. — In case the directors in any sub-district shall fail to take and 
 return the enumeration required, the expense of taking the same may be 
 recovered from them in a civil action, before any court having jurisdiction 
 in such matters. If school teachers neglect to make the reports required
 
 158 
 
 of them, they forfeit the full amount of their salaries. If boards of edu- 
 cation and auditors fail to make the proper returns, their townships and 
 counties can not lawfully share any portion of the state school funds; but 
 tho>e officers are held responsible for the amounts which would have been 
 apportioned to their respective townships and counties had the proper 
 reports been rendered. (See sees. 8, 18 and 42). Section 40 declares that 
 " in case the county auditor shall fail from any cause, to make return of 
 the abstract as aforesaid, it shall be the duty of the county commissioners 
 to deduct for every such failure from the annual salary or allowance made 
 to the auditor for his services, the sum of fifty dollars." 
 
 The law is decided and emphatic in forbidding that funds be appor- 
 tic ned to such townships and counties as fail to make the reports required. 
 Section 37 declares " the county auditors shall annually, and immediately 
 after their annual settlement with the county treasurer, apportion the 
 school funds for their respective counties according to the enumeration and 
 returns in their respective offices ; and no toivnship or other district, city^ or 
 village^ which shall have failed to make and return such enumeration, shall he 
 entitled to receive any portion of the common school funds. ^' 
 
 Section 67 is equally explicit in regard to this particular. It provides 
 that no order shall be drawn by the county auditor upon the county 
 tieasurer, in favor of any board of education, "unless the local treasurer, 
 clerk, recorder or secretary of such board, or other school officer, 
 sJ/all first deposit with said auditor, annually, an abstract of the enumeration 
 of scholars and other statistics relative to the schools under their charge, as required 
 by this act, of teacher's, local directors, and boards of education in toiunships.^' 
 
 It has been deemed prudent hitherto not to enforce the above provi- 
 sions ; but to afford the people in all parts of the state ample time and 
 opi ortunity for full acquaintance with the general principles and special 
 details of our school system. But in the opinion of the late school com- 
 missioner, the time has come when the highest interests of education 
 demand that for the future all townships, cities and villages, which shall 
 fail to make the returns which the law requires, shall be excluded from a 
 participation in the school funds. Such is also my own judgment in the 
 case. To carry this idea of duty into strict execution, would be, on the 
 part of county auditors, an unpleasant necessity ; but whenever an indi- 
 vidual has accepted office under any given law, it becomes his imperative 
 duty to abide by the provisions of that law ; and delicate and painful as 
 the discharge of his official duties sometimes may be, he has no option but 
 to execute them. And in this view of the case, I shall address all county 
 auditors in the state in regard to this matter. Section 52 declares that the
 
 159 
 
 state commissioner of common schools " shall exercise such supervision over 
 the educational funds of the state as may he necessary to secure their safety, and 
 right application and distribution according to laiu. He shall have power to 
 require of county auditors and township boards of education, or other 
 local school officers, clerks and treasurers of townships, county treasurers 
 and clerks, recorders and treasurers of cities and villages, copies of all 
 reports by them required to be made ; and all such information in relaiian, 
 to the funds and condition of schools, and the management thereof, as he may 
 deem important.''^ 
 
 IfoTE. — It is due to all parties interested in the foregoing work, to state that the copy was 
 placed in the hands of the State Printer on the seventh day of June last. It was then thought 
 that the volume would be ready for distribution before the close of July. But all other work has 
 been given precedence, although placed in the hands of the printer long subsequent to his recep- 
 tion of this. 
 
 October 4, 1S58.
 
 INDEX. 
 
 Pies. 
 
 CHAPTER 1 . General School Act 5 
 
 ABSTRACT of enumeration to be returned to auditor ^ 
 
 ACTING MANAGER of schools, board may appoint 11 
 
 ACTS, certain, not repealed 34 
 
 in foi'ce, how affected 35 
 
 repealed 3i 
 
 ANNUAL ELECTION, in sub-district 
 
 ANNUAL ESTIM A TES, to be made by board 16 
 
 APPARATUS, state commissioner to purchase 32 
 
 provisions relating to 33, 33 
 
 APPOINTMENT of local directors to fill vacancy 7 
 
 of examiners 37 
 
 of clerk of sub-district 7 
 
 of librarian . . . , 13, 33 
 
 APPORTIONMENT OF FUNDS 24 
 
 ASSIGNMENT OF SCHOLARS, board may make 12 
 
 AUDITOR OF COUNTY, to assess estimates on taxable property 16 
 
 duty as to tax on sub-district 17 
 
 duty as to certificate of treasurer's bond . -, 30 
 
 duty as to settlement with township treasurer 20 
 
 to apportion funds in county 24 
 
 his return to state commissioner 36 
 
 penalty for failing to report 26 
 
 compensation 26 
 
 liability 26 
 
 to report to commissioner when required 30 
 
 to distribute books and apparatus 32 
 
 AUDITOR OF STATE, to apportion funds 24 
 
 BOARD OF EXAMINERS. (See Examiners.) 
 
 BOARD OF EDUCATION, to control and manage district i 
 
 no jurisdiction in certain cities and villages 5 
 
 in cities and villages 5, 22, 24 
 
 to prescribe rules for local directors , . . . S 
 
 responsible for performance of certain contracts 8 
 
 of whom to consist 10 
 
 majority a quorum 10 
 
 body politic and corporate 10 
 
 invested with title, care, <fee., of school houses and property 10 
 
 11 A
 
 162 INDEX. 
 
 BOAKD OF EDUCATION— ConHinuerf. Pabe. 
 
 may sell house or other school property 10 
 
 how conveyance executed 10 
 
 sessions H 
 
 control of central or high schools , 11 
 
 to prescribe rules, &e., for schools , 11 
 
 may establish German schools 11 
 
 may appoint an acting manager 11 
 
 to prepare map of township 12 
 
 may assign scholars to primaiy schools 12 
 
 to control admission to high schools 12 
 
 may suspend disorderly scholars 12 
 
 may establish schools composed of parts of several townships I'i 
 
 duty of board in such case 13 
 
 to determine studies and books , 13 
 
 to appoint librarian 13, 33 
 
 required to report 14 
 
 may establish central or high school 15 
 
 how to proceed in such case 15 
 
 to make annual estimates of expenditures 1 G 
 
 when to tax sub-district with cost of school house, <fee 17 
 
 to provide for six months' school in each sub-district 19 
 
 division of duties 19 
 
 settlement with township treasurer 19 
 
 duty as to colored children 21 
 
 to report when required ' , 30 
 
 may hold real estate, &e 35 
 
 BOND of township treasurer, condition 20 
 
 of state commissioner 29 
 
 of librarian 13 
 
 of city treasurer 23 
 
 BOOKS, provisions relating to 13, 31, 33 
 
 CENTP^A.L SCHOOL, power of board over 11 
 
 board to control admission to 12 
 
 board may establish 15 
 
 how established 15 
 
 OERTIFIGATE of amount due teacher , 8 
 
 that treasurer has executed bond 20 
 
 of auditor to treasm-er 20 
 
 of city treasurer's bond 23 
 
 teacher, revocation of 28 
 
 CHAIRMAN of sub-district meeting to^sign minutes 6 
 
 of board to preside at meetings relating to high schools 15 
 
 CITIES, when not to be controlled by board of directors ^ r . . . .<. 5 
 
 schools in 22, 24, 34 
 
 CLERK. (See seeretary of sub-district meeting). 
 
 of sub-district to record proceedings of meeting fi 
 
 of sub-district to certify to township clerk names of local directors elected. ... 6 
 ♦ of township. (See township elerk).
 
 INDEX. 163 
 
 CLERK—Continutd. Pask. 
 
 of sub-district, who shall be T 
 
 his power and duties 7 
 
 if clerk absent, who to officiate 8 
 
 to be member of board of education 10 
 
 of board. (See township clerk) . 
 
 of board in cities, &c , 93 
 
 of examiners. (See examiners). 
 
 COLORED YOUTH— enumeration of, when and how taken 9 
 
 schools for 21 
 
 OOMMISSiONEE. (See state commissioner). 
 
 CONTRACTS, relating to building, leases, «fec., how made 8 
 
 DEBTS of district, to be provided for 33 
 
 DIRECTORS. (See local directors). 
 
 DISBURSEMENT of school funds 17 
 
 DISMISSAL of teacher 8 
 
 DISORDERLY SCHOLARS, may be suspended 12 
 
 ELECTION, of local directors 6 
 
 commissioner 29 
 
 ENUMERATION of youth, when and how to be taken 
 
 abstract to be returned to auditor 9 
 
 cf youth residing in different surveys, how noted v 9 
 
 ESTIMATES, annual, certificate of 16 
 
 EVENING SCHOOLS, provisions relating to 24 
 
 EXAMINERS, their appointment 27 
 
 their powers and duties 27 
 
 notice of meetings of 28 
 
 ccriifieate to teachers " 28 
 
 revocation of certificate 28 
 
 their cleik 28 
 
 their rules 23 
 
 their stationery 28 
 
 EXECUTION, what property exempt from 27 
 
 FUEL, contracts relating to 8 
 
 FUNDS, how distributed 18 
 
 supervison of commissioner over 30 
 
 state • 33 
 
 GERMAN SCHOOLS, board may establish II 
 
 HIGH SCHOOL, power of board over II 
 
 board to control admission to 13 
 
 board may establish 15 
 
 how established 15 
 
 LIBRARIAN, state, secretary to state commissioner 29 
 
 fichool, how appointed 1 3, 33 
 
 LIBRARY, school 32 
 
 LOCAL DIRECTORS, sub-districts confided to their management 5 
 
 no jurisdiction over certain cities and villages 5 
 
 when, where and how elected 6 
 
 may designate hour of annual election ^ S
 
 164 INDEX. 
 
 LOCAL DIEEGTORS— Continued. Page. 
 
 in such case to give notice » 6 
 
 official oath 6 
 
 vacancy in, how filled 7 
 
 elected at special meeting, terms of . . . « 7 
 
 where, when and how to meet and organize 7 
 
 may meet when necessary. . . ■ 7 
 
 to take charge of interest of sub-district 8 
 
 to employ teachers. 8 
 
 to certify amounts due teachers 8 
 
 may dismiss teacher 8 
 
 to visit schools 8 
 
 to make contracts concerning school property, jkc, under certain restrictions. . . 8 
 
 to take enumeration » 9 
 
 when board to act as such 11 
 
 duty as to library 32, 33 
 
 MAP OF TOWNSHIP, board to prepare 12 
 
 MEETING of local directors 7 
 
 appointment of clerk , 7 
 
 MINUTES of sub-district meeting 6 
 
 " " to be delivered to diriectors 6 
 
 of board of education , 10 
 
 NOTICE, of a special meeting to elect directors 7 
 
 of meeting relative to high schools ; 15 
 
 of meeting where specific hour is named G 
 
 OATH, of directors 6 
 
 of state commissioner 29 
 
 ORDER, of township clerk for teachers' pay 8 
 
 on township clerk for teachers' pay 8 
 
 PROBATE JUDGE, to appoint school examiners 27 
 
 PROCESS, against officers .?4 
 
 PROSECUTING ATTORNEY, his duty 34 
 
 RECEIPT, of township treasurer 21 
 
 RECORDER, of city and village, his duty 23 
 
 to report to commissioner, if reqiured 30 
 
 REPORT, to auditor, of enumeration 9 
 
 of board 14 
 
 by auditor 26 
 
 of commissioner 31 
 
 of contracts to be made by directors 8 
 
 teachers required to make 14 
 
 RULES AND REGULATIONS, board to prescribe 11 
 
 SCHOLARS, assignment of 12 
 
 disorderly, may be suspended 13 
 
 may be transferred to another township 13 
 
 SCHOOL, to be established in each sub district 12 
 
 to be continued six months • 19 
 
 for colored children 21 
 
 governed under other laws may accept this act 34 
 
 vieit to ,.,...., 8
 
 INDEX- 165 
 
 Page. 
 
 SCHOOL DISTRICT, regarded as sub-diatriot 5 
 
 SCHOOL MEETING, for local directors 
 
 SCHOOL HOUSE, local directors to contract for 8 
 
 board of education may sell 10 
 
 exempt from execution 27 
 
 SCHOOL FUNDS, to be paid cut on order of the clerk 17 
 
 state commissioner supervision over 30 
 
 provisions relating to 17 
 
 SCHOOL LAWS, state commissioner to distribute 30 
 
 SCHOOL LIBRARIES 31 
 
 SCHOOL OFFICERS, process against 34 
 
 SECTION SIXTEEN, provisions concerning 25 
 
 interest thereon 26 
 
 SECRETARY, of sub-district meeting to prepare and sign minutes 6 
 
 SETTLEMENT of board with township treasurer 19 
 
 of auditor 20 
 
 SPECIAL MEETING, may be called to elect directors 7 
 
 STATE COMMISSIONER, when elected 29 
 
 term of office 29 
 
 vacancy, how filled 29 
 
 bond 29 
 
 oath 29 
 
 office at seat of government 29 
 
 duties in visiting each judicial district 29 
 
 duties in purchasing books and apparatus 30 
 
 supervision over school funds 30 
 
 may require reports 30 
 
 to prepare forms 30 
 
 to distribute school laws 30 
 
 to make annual report 31 
 
 what report to contain 31 
 
 his salary 31 
 
 STATE LIBRARIAN, secretary to the state commissioner 29 
 
 STATIONERY, of examiners, provided for 28 
 
 SUB-DISTRICT, school district under old law 5 
 
 when not to contain less than 60 scholars 12 
 
 schools to be established in each ^ 12 
 
 when to be taxed with cost of school house 17 
 
 debts in to be provided for 33 
 
 meeting in, to elect directors 6 
 
 where, when, and how held 6 
 
 who may vote thereat. G 
 
 how term of office determined 6 
 
 when to be determined by lot G 
 
 minutes to be signed 6 
 
 if meeting not held at the time prescribed, to be held afterwards 7 
 
 joint sub district not to be dissolved without mutual consent 39 
 
 TAXES, provisions relating to 16, 17, 31, 32, 33
 
 166 INDEX. 
 
 Page; 
 
 TEACHER, to be employed by local directors 8 
 
 required to report 14 
 
 how paid 17 
 
 how dismissed 8 
 
 may sue sub-district. . . , , 39 
 
 TOWNS. (See board of education.) 
 
 TOWNSHIPS, organized, compose one school district 5 
 
 TOWNSHIP CLERK, to fill vacancy in local directors 7 
 
 to draw order in favor of teacher 8 
 
 to have enumeration taken in a certain event 9 
 
 to make abstract of enumeration 9 
 
 member of board of education 10 
 
 clerk of said board 10 
 
 if absent, clerk to be appointed 11 
 
 clerk at meeting relating to high school 15 
 
 his liability 19 
 
 when to prosecute treasurer on his bond 20 
 
 to make certificate of amount of such bond 20 
 
 to report to state commissioner if required 30 
 
 TOWNSHIP BOARD, (see board ofeducafion.) 
 
 TOWNSHIP TREASURER, funds to be paid to 17 
 
 settlement with board 19 
 
 bis duties 20 
 
 bond : 20 
 
 to furnish auditor certificate of the amount of bond 29 
 
 his per centage 20 
 
 to settle with auditor 20 
 
 penalties against 21 
 
 to report to state commissioner if required 30 
 
 TREASURER OF COUNTY, his per centage on collections 17 
 
 to report to state commissioner if required 30 
 
 TREASURER OF CITY OR VILLAGE 23 
 
 bond 23 
 
 to report to state commissioner if required 30 
 
 VACANCY, in oiEce of local director, how filled 7 
 
 VILLAGES, when not to be controlled by township board, &c 5 
 
 schools in 22 
 
 VISIT TO SCHOOL 8 
 
 VOUCHER, of township treasurer, 20 
 
 YOUTH, enumeration of, when and how taken 9 
 
 CHAPTER II. — Akron school law, 39— six directors shall be elected, 39 — board of education, 
 officers, powers, etc., 40 — meetings of board, 40 — shall have control of common schools, 
 etc., in Akron, 41 — number and grade of schools, admission of pupils, etc., 41 — power of 
 board, 42 — town council to levy taxes for school purposes, 42 — reports of board, 43— titles 
 to lands, etc., 43 — examiners of teachers and schools, 43 — ^reports, 44 — public examina- 
 tion of schools, 44 — repealing clause, 44 — extended to Dayton, 44 — right of repeal, 45. 
 CHAPTER III. — Act to amend the Akron school law, 45 — amount of tax, 45 — powers of 
 board and duties of auditor and treasurer, 45 — repealing clause, 46,
 
 INDEX. 167 
 
 CHAPTER IV. — Act kxtkndinq the PROvisioNa of the Akron bchool law, 46 — all incorporated 
 towns may organize under it, 46 — election of directors, 46 — how number of yoterg ascer- 
 tained, 47, 
 
 CHAPTER V. — Additional amendments to Akron ecnooL law, 47 — boards of education may 
 adopt certain laws, 47. 
 
 CHAPTER VI. — General act for pl-blio schools in cities, towns, etc., 48 — what towns may 
 be single districts, 48 — qualified voters to vote for or against the adoption of this act, 
 48 — manner of casting the vote, 49 — directors to be chosen, 49 — directors to organize, 
 49 — their power and duties, 49— meetings of the board, 50 — money, how paid out, 50 — 
 school houses, how built, 50 — board to establish primary schools, 51 — high schools, 51 — 
 branches to be taught, 51 — what scholars admitted, 51 — general powers of the board, 51 — 
 how long schools to be kept, 52 — school tax, how levied and collected, 52 — not to exceed 
 four mills on the dollar, 52 — board shall report to annual meeting, 53 — examiners, 53 — 
 their duties, 53 — acts repealed, 54 — treasurer may collect charges for tuition, 54. 
 
 CHAPTER VII. — Act to amend the act foe incorporation of cities, towns, etc., 54 — certain 
 appropriations not authorized, 54 — council may borrow money for school purposes, 55 — 
 loan, how perfected. 55 — school buildings, how constructed, 55. 
 
 CHAPTER VIII. — Act to amend the general act fob public schools in cities, towns, etc., 
 55 — extension of act, 55 — school districts, 56 — board of education, 56 — title to real estate 
 to vest in board, 56 — board to have power to exclude children under six years of age, 56. 
 
 CHAPTER IX. — Act to provide foe the completion of certain contracts of school diekctoes, 
 57. 
 
 CHAPTER X. — Act eelatinq to common schools, 57 — transfer made valid, 58 — power to trans- 
 fer, 58. 
 
 CHAPTER- XI.— Act providing for recoeding, feinting and disteibuting the laws and public 
 DOCuMEiras, 58 — when oflBcial reports to be made, 58 — school year, 59 — reports of state 
 oflBcers, 59. 
 
 CHAPTER XII. — Act to encourage teachers' institutes, 60 — county commissioners may 
 appropriate annual proceeds of surplus revenue, 60 — moneys to be paid to lecturers, and 
 for library, 60 — who to attend associations, 60 — examiners to report, 61. 
 
 CHAPTER XIII. — Act to amend and extend the act to encourage teachers' institutes, 61 — 
 former law made general, 61 — former act in reference to libraries amended, 61, 
 
 CHAPTER XIV. — Act to amend the act to encourage teachers' institutes, 62 — county com- 
 missioners may appropriate $100, 62 — may levy a tax, 62 — money, how and for what 
 appropriated, 62 — not to be paid over until teachers raise half the amount asked for, 63. 
 
 CHAPTER XV. — Act to regulate the sale of school lands, 63 — vote of citizens of townships, 
 63 — trustees to petition court of common pleas, 64 — court to appoint appraisers, 64 — 
 returns, etc., to be recorded, 65 — auditor to advertise sale, 65 — re appraisement, 66 — in 
 cases of permanent leases, etc., 66 — payments to county treasurers, etc., 67 — county audi- 
 tor to report to auditor of state, 68 — interest apportioned, 68 — in case of failure of pur- 
 chaser to pay, lands to be resold, for cash, 68 — purchaser to receive certificate, 69 — final 
 certificate, 69 — deed from the state, 69 — excess of money, how disposed of, 69 — fees, 70 — 
 acta repealed, 70. 
 
 CHAPTER XVI. — Act to confirm sales made by trustees, of section sixteen, 71. 
 
 CHAPTER XVII. — Act to establish a fund foe the support of common schools, 72 — auditor 
 of state the superintendent, 72 — rate of interest, 73 — pledge for payment, 72 — ordei, 
 receipt, etc., 73 — distribution, 74 — donations, 74 — general fund, 74 — interest funded 
 until 1835, 75 — how distributed afterward, 75.
 
 168 INDEX. 
 
 CHAPTER XYIII. — Act to isckkase the oknerai, fund for the support of oom mon scboois 
 
 7G — proceeds of Bwamp lands to be added, 76. 
 CHAPTER XIX.— The irreducible or special school funds, 77. 
 
 CHAPTER XX. — Forms, 89. — Minutes of sub-district election, 89-»notice of sub-district, 
 election, 89 — oath of director, 89 — appointment of director by township clerk, 90 — sub. 
 district meeting, appointment of clerk, etc., 30 — form of agreement between director and 
 teacher, 90 — teachers' certificate for pay, 91 — order on township treasurer for teachers' 
 pay, 91 — dismissal of teacher, 92 — visit to school, 92 — contracts, 93 — enumeration 1, 93 — 
 enumeration 2, 94 — report of township clerk, 95 — report of auditor to school commis- 
 sioner, 96 — form of deed, 97 — form of lease, 9H — appointment of acting manager, 99 — 
 assignment of Kcholars, 99— appointment of librarian, 100 — bond of librarian, 100 — 
 teachers' daily register, 101 — teachers' general register, 102 — teacher's report to tlie 
 lowaship clerk, 103 — central or high schools, 104 — certificate of annual estimates, 104 — 
 order on treasury, 1 04 — form of bond for township treasurers, as treasurers of the school 
 fund, 105 — certificate of treasurers' bond, 105 — form of township treasurers' account with 
 the several sub- districts, 106 — township treasurers' general account, on which to settle 
 with county auditor, 107 — township treasurers' book of general accounts, 108 — vouchers, 
 109 — final receipt of treasurer, 109 — appointment of school examiner, 109 — to teachers, 
 109 — school teachers' certificate, 110 — revocation of teachers' certificate, 110 — form of 
 register, to be kept by clerk of county board of examiners. 111. 
 CHAPTER XXI. — Answers to questions on the school law, 112 — township clerk, how paid, 
 etc., lis, 144 — township boards, to prescribe rules and regulations for the government of 
 schools, 112 — township clerk may be appointed acting manager, 113 — local directors in 
 fractional sub-district, 113— compensation for services of boards of education, 114 — town- 
 ship treasurers, how paid, 114 — election of directors — tie vote, 115 — sub district clerk, 
 term of office, 115 — location of school houses, 115 — procuring sites for school houses, IIC 
 — are colored persons eligible to the ofliice of local directors, 117 — length of school month, 
 holidays, 117 — ^boundaries of sub-districts when changed, 118 — school property not sub. 
 ject to mortgage, 118— organization of schools in cities and villages, 120 — school funds 
 not applicable to support of academies, 120 — education free, 120 — funds for the education 
 of colored youth, 121 — white or colored, 123 — payment of teachers in joint sub-districts 
 123— corporal punishment in school, 124 — limit of teachers authority, 126 — boards of 
 education to select sites for school houses, 127 — school examiners appointed to fill vacan- 
 cies, 131 — boards of education, how far responsible for acts of local directors, 132 — rent 
 of room for examination of teachers, 133 — residence of pupils, 134 — right to open school 
 with prayer, 135 — expenses of schools in joint sub- districts, 139 — neglect to elect local 
 directors, 139 — exclusion of colored youth from scliools, 139 — school Louse not accessible, 
 140 — dismission of a teacher for immoral practices, 141 — limitation of taxes for building 
 purposes, 142 — funds for the payment of teachers, how to be apportioned, 14^— disposition 
 of surplus funds, 144 — examination of superintendents of schools, 145 — dismission of 
 teachers for obedience to rules, etc., 146 — failure in government juet cause for whith- 
 holding certificate, 147 — can a woman be a legal school examiner, 147 — removal from 
 office of school examiner, 149 — payment of teachers for time not covered by certificate, 149 
 — authority of clerk to refuse order, 150 — extra payment of school examiners, 152 — taxes 
 under sec. 23, 152 — local directors in joint sub-districts, 153 — discrimination in the ap- 
 portionment of funds to sub-districts, 154 — sub-distriet tax for payment of teachers illegal, 
 155 — township treasurer to settle with board of education and auditor, 155 — payment of 
 eervices in preparing reports, 156 — penalties for neglecting to make reports, 157,
 
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