EXCHANGE THE GENERAL SCHOOL LAWS OF THE STATE OF NORTH DAKOTA COMPRISING ALL THE LAWS IN FORCE PERTAINING TO PUBLIC SCHOOLS, STATE EDUCATIONAL INSTITUTIONS, SCHOOL LANDS AND PUBLIC LANDS APPROPRIATED TO THE USE OF THE STATE EDUCATIONAL INSTITUTIONS, WITH ..APPENDICES.. COMPILED AT THE OFFICE OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION January 1, 18%. PUBLISHED BY, AUTHORITY GRAND FORKS, N. D.: HERALD, STATE PRINTERS AND BINDERS 18%. IV 73 THIS VOLUME IS STATE PROPERTY. And is for the use of the of School District , County of. , State of North Dakota. School officers on retiring from office, are required by law to deliver this volume, with all other books and documents of an official character, to their successors in office. 3(55406 OONTRNTS. PROVISIONS OF THE ENABLING ACT. Public Schools 1 9 School Lands 9, 10 Lands for Public Institutions _ _ 10, II CONSTITUTIONAL PROVISIONS. Article 2 The Legislative Department 13 Article 3 Executive Department 13 Article 5 Elective Franchise 14 Article 8 Education 14 Article 9 School and Public Lands 15 Article 12 Public Debt and Public Works... 18 Article 19 Public Institutions 19 STATUTORY PROVISIONS. PART I. PUBLIC SCHOOLS. (Chapter 9, Political Code.) Article I Superintendent of Public. Instruction 23 Article 2 County Superintendent of Schools . 26 Article 3 School Districts 30 Article 4 Election of School Officers 34 Article 5 Organization, Meetings and Duties of District Officers 37 Article 6 Powers and Duties of District School Boards 40 Article 7 School Funds. ._ 46 Article 8 Taxes... , 50 Article 9 Vacancies 53 Article 10 Equalization of Indebtedness 54 Article 1 1 Examinations and Certificates 55 Article 12 Duties of Teachers 59 Article 13 Institutes, Associations and Reading Circle 61 Article 14 Compulsory Attendance 63 Article 15 Fines, Forfeitures and Penalties 65 Article 16 Bonds 66 Article 17 Special Districts 70 Article 18 Independent School Districts 81 Article 19 Boards of Education in Certain Cities 88 Article 20 Free Text Books _ 90 Article 21 Purchase of Flags for School Districts 91 Article 22 State Educational Library 91 Article 23 High School Board ._ Article 24 Health and Decency in Public Schools 93 PART II. EDUCATIONAL INSTITUTIONS. (Chapter 10, Political Code.) Article 25 University of North Dakota 94 Article 26 Normal Schools 101 Article 27 North Dakota Academy of Science _ 105 Article 28 Agricultural College 107 Article 29 Deaf and Dumb Asylum m Article 30 Blind Asylum _ 114 Article 31 Industrial School 116 Article 32 Lignite Coal to be Used 118 PART III. SCHOOL AND PUBLIC LANDS. (Chapter 4, Political Code.) Article 33 Board of University and School Lands 119 APPENDICES. Appendix A Special Laws 139 Appendix B Laws Pertaining to Speculation in Office and Penalty for Failure to Make Reports, Blanks to be Furnished 140 Appendix C Filing Bond of Treasurer 141 Appendix D Bonds for Labor and Material for Public Buildings 141 Appendix E Digest of Decisions of Supreme Court 142 Appendix F School Calendar 148 INTRODUCTORY. This compilation of the General School Laws is authorized by the provisions of section 631 of the Political Code, 1895, ( IO Ch. 62, 1890,) and is designed to include all the congressional, constitutional and statutory provisions relating to education at present in force which, taken together, make the laws governing the complete school system of the State. It embraces the laws pertaining to the public schools, the State educational institutions, and the lands appropriated to the use of the public schools and the State educational institutions. The compilation contains all general laws in full as revised in the code. Special acts are referred to by title only. All laws herein contained are in full force and effect from and after January I, 1896. Special laws, designated by title only, laws pertaining to specu- lation in office and to penalty for failure to make reports, the filing of bond of school district treasurer, bonds for labor and material for public buildings and the decisions of the Supreme Court of the Territory of Dakota and of the State of North Dakota pertaining to school matters are to be found in the appendices. A calendar will also be found in the appendices which may be of assistance to school officers in the timely discharge of their duties. EMMA F. BATES, Superintendent of Public Instruction. Department of Public Instruction, State of North Dakota, Bismarck, January 1st, 1896. GENERAL SCHOOL LAWS OF THE STATE OF NORTH DAKOTA, PROVISIONS OF THE ENABLING ACT. 4- * And said (constitutional) conventions shall provide by ordinances irrevocable without the consent of the United States and the people of said states: * * * Fourth. That provisions shall be made for the establishment and maintenance of systems of public schools, which shall be open to all children from said states, and free from sectarian control. 10. That upon the admission of each of said states into the Union, sections numbered 16 and 36 in every township of said proposed states, and where such sections or any parts thereof have been sold or otherwise disposed of by or under the authority of any act of Congress, other lands equivalent thereto, in legal sub- divisions of not less than one-quarter section, and as contiguous as may be to the section in lieu of which the same is taken, are hereby granted to said states for the support of common schools, such indemnity lands to be selected within said states in such manner as the legislature may provide, with the approval of the Secretary of the Interior; Provided, That the sixteenth and thirty- sixth sections embraced in permanent reservations for national purposes shall not, at any time, be subject to the grants nor to the indemnity provisions of this act, nor shall any lands embraced in Indian, military or other reservations of any character, be sub- ject to the grants or to the indemnity provisions of this act until the reservation shall have been extinguished and such lands be restored to, and become a part of the public domain. ii. That all lands herein granted for educational purposes shall be disposed of only at public sale, and at a price not less than ten (10) dollars per acre, the proceeds to constitute a per- manent school fund, the interest of which only shall be expended s. L. 2. 10 GENERAL SCHOOL LAWS, in the support of said schools. But said lands may, under such regulation as the Legislature shall prescribe, be leased for periods of not more than five years, in quantities not exceeding one sec- tion to any one person or company; and such lands shall not be subject to pre-emption, homestead entry, or any other entry under the land laws of the United States, whether surveyed or unsur- veyed, but shall be reserved for school purposes only. 13. That 5 per centum of the proceeds of the sales of public lands lying within said states which shall be sold by the United States subsequent to the admission of said states into the Union, after deducting all the expenses incident to the same, shall be paid to the said states, to be used as a permanent fund, the interest of which only shall be expended for the support of common schools within said states, respectively. 14. That the lands granted to the Territories of Dakota and Montana by the act of February 18, 1881, entitled "An Act to Grant Lands to Dakota, Montana, Arizona, Idaho and Wyoming for University Purposes," are hereby vested in the States of South Dakota, North Dakota and Montana, respectively, if such states are admitted into the Union as provided in this act, to the extent of the full quantity of seventy-two sections to each of said states, and any portion of said lands that may not have been selected by either of said Territories of Dakota or Montana may be selected by the respective states aforesaid; but said act of Feb- ruary 18, 1881, shall be so amended as to provide that none of said lands shall be sold for less than ten (10) dollars per acre, and the proceeds shall constitute a permanent fund to be safely invested and held by said states severally, and the income thereof to be used exclusively for university purposes. None of the lands granted in this section shall be sold for less than ten (10) dollars per acre; but said lands may be leased in the same manner as provided in Section n of this act. The schools, colleges and universities provided for in this act shall forever remain under the exclusive control of said states, respect- ively, and no part of the proceeds arising from the sale or disposal of any lands herein granted for educational purposes shall be used for the support of any sectarian or denominational school, college or university. 16. That 90,000 acres of land to be selected and located as provided in Section 10 of this act, are hereby granted to each of said states except to the State of South Dakota, to which 120,000 acres are granted, for the use and support of agricultural colleges in said states, as provided in the acts of Congress making dona- tions of lands for such purposes. 17. That in lieu of the grant of land for purposes of internal improvement made to new states by the eighth section of the act of September 4, 1841, which act is hereby repealed as to the states provided for by this act, and in lieu of any claim or demand by the said states, or either of them, under the act of September 28, NORTH DAKOTA. I I 1850, and Section 2479 of the Revised Statutes, making a grant of swamp and overflowed lands to 'certain states, which grant it is hereby declared is not extended to the states provided for in this act, and in lieu of any grant of saline lands to said states, the fol- lowing grants of land are hereby made, to-wit: To the State of South Dakota: For the School of Mines, 40,- ooo acres; for the Reform School, 40,000 acres; for the Deaf and Dumb Asylum, 40,000 acres; for the Agricultural College, 40,000 acres; for the University, 40,000 acres; for the State Normal Schools, 80,000 acres; for public buildings at the capital of said State, 50,000 acres, and for such other educational and charitable purposes as the Legislature of said State may determine, 170,000 acres, in all, 500,000 acres. To the State of North Dakota a like quantity of land as is in this section granted to the State of South Dakota, and to be for like purposes, and in like proportion as far as practicable. * That the states provided for in this act shall not be entitled to any further or other grants of land for any purpose than as expressly provided for in this act. The lands granted by this section shall be held, appropriated and disposed of exclu- sively for the purposes herein mentioned, in such manner as the Legislatures of the respective states may severally provide. 1 8. That all mineral lands shall be exempted from the grants of this act. But if sections 16 and 36, or any subdivision or por- tion of any smallest subdivision thereof in any township shall be found by the Department of the Interior to be mineral lands, said states are hereby authorized and empowered to select, in legal subdivisions, an equal quantity of other unappropriated lands in said states, in lieu thereof, for the use and the benefit of the common schools of said states. 19. That all lands granted in quantity or as indemnity by this act shall be selected, under the direction of the Secretary of the Interior, from the surveyed, unreserved and unappropriated public lands of the United States within the limits of the respective states entitled thereto. And there shall be deducted from the number of acres of land donated by this act for specific objects to said states the number of acres in each heretofore donated by Congress to said territories for similar objects. CONSTITUTIONAL PROVISIONS. (Adopted October I, 1889.) PREAMBLE. We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this Constitution. ARTICLE II. THE LEGISLATIVE DEPARTMENT. 69. The Legislative Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: * * * * * * 12. Providing for the management of common schools. ARTICLE III. EXECUTIVE DEPARTMENT. 82. There shall be chosen by the qualified electors of the State at the time and places of choosing members of the Legis- lative Assembly a * * * Superintendent of Public Instruction, * * who shall have attained the age of twenty-five years, shall be a citizen of the United States, and shall have the qualifications of State electors. They shall sev- erally hold their offices at the seat of government for the term of two years and until their successors are elected and duly qualified. ****** 83. The powers and duties of the * * Superin- tendent of Public Instruction, * shall be as prescribed by law. 84. Until otherwise provided by law, the * * * Superintendent of Public Instruction shall each receive an annual salary of $2,000; * * but the salaries of any of the said officers shall not be increased or diminished during the period for which they shall have been elected, and all fees and profits arising from any of the said offices shall be covered into the State Treasury. 14 GENERAL SCHOOL LAWS, ARTICLE V. ELECTIVE FRANCHISE. 121. Every male person of the age of twenty-one years or upwards belonging to either of the following classes, who shall have resided in the State one year, in the county six months and in the precinct ninety days next preceding any election, shall be deemed a qualified elector at such election. First Citizens of the United States. Second Persons of foreign birth who shall have declared their intention to become citizens one year and not more than six years prior to such election, conformably to the naturalization laws of the United States. Third Civilized persons of Indian descent who shall have severed their tribal relation two years next preceding such election. 123. Electors shall in all cases except treason, felony, breach of the peace or illegal voting, be privileged from arrest on the days of election during their attendance at, going to and returning from such election, and no elector shall be obliged to perform military duty on the day of election except in time of war or public danger. 125. No elector shall be deemed to have lost his residence in this State by reason of his absence on business of the United States or of this State, or in the military or naval service of the United States. 126. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this State in con- sequence of his being stationed therein. 127. No person who is under guardianship, non compos mentis or insane, shall be qualified to vote at any election, nor shall any person convicted of treason or felony, unless restored to civil rights. 128. Any woman having qualifications enumerated in Sec- tion 121 of this article as to age, residence and citizenship, and including those now qualified by the laws of the Territory, may vote for all school officers, and upon all questions pertaining solely to school matters, and be eligible to any school office. 129. All elections by the people shall be by secret ballot subject to such regulations as shall be provided by law. ARTICLE VIII. EDUCATION. 147. A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people being necessary in order to insure the continuance of that gov- ernment and the prosperity and happiness of the people, the NORTH DAKOTA. 15 Legislative Assembly shall make provision for the establishment and maintenance of a system of public schools which shall be open to all children of the State of North Dakota, and free from sectarian control. The legislative requirement shall be irrevocable without the consent of the United States and the people of North Dakota. 148. The Legislative Assembly shall provide at its first ses- sion after the adoption of this Constitution for a uniform system of free public schools throughout the State; beginning with the primary and extending through all grades up to and including the normal and collegiate course. 149. In all schools instruction shall be given as far as practi- cable in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness, temperance, purity, public spirit, and respect for honest labor of every kind. 150. A superintendent of schools for each county shall be elected every two years, whose qualifications, duties, powers and compensation shall be fixed by law. 151. The Legislative Assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uniformity in course of study and to promote industrial, scientific and agricultural improvement. 152. All colleges, universities and other educational institu- tions, for the support of which lands have been granted to this State, or which are supported by a public tax, shall remain under the absolute and exclusive control of the State. No money raised for the support of the public schools of the State shall be appropriated to or used for the support of any sectarian school. ARTICLE IX. SCHOOL AND PUBLIC LANDS. 153. All proceeds of the public lands that have heretofore been or may hereafter be granted by the United States for the support of the common schools in this State; all such per centum as may be granted by the United States on the sale of public lands; the proceeds of property that shall fall to the State by escheat; the proceeds of all gifts and donations to the State for common schools, or not otherwise appropriated by the terms of the gift, and all other property otherwise acquired for common schools, shall be and remain a perpetual fund for the maintenance of the common schools of the State. It shall be deemed a trust fund, the principal of which shall forever remain inviolate, and may be increased but never diminished. The State shall make good all losses thereof. 154. The interest and income of this fund, together with the net proceeds of all fines for violation of State laws, and all other sums which may be added thereto by law, shall be faithfully used l6 GENERAL SCHOOL LAWS, and applied each year for the benefit of the common schools of the State, and shall be for this purpose apportioned among and between all the several common school corporations of the State in proportion to the number of children in each of school age, as may be fixed by law, and no part of the fund shall ever be diverted even temporarily from this purpose," or used for any other purpose whatever than the maintenance of common schools for the equal benefit of all the people of the State; Provided, however, That if any portion of the interest or income aforesaid be not expended during any year, said portion shall be added to and become a part of the school fund. 155. After one year from the assembling of the First Legis- lative Assembly, the lands granted to the State from the United States for the support of the common schools, may be sold upon the following conditions, and no other: No more than one-fourth of all such lands shall be sold within the first five years after the same become saleable by virtue of this section. No more than one-half of the remainder within ten years after the same become saleable as aforesaid. The residue may be sold at any time after the expiration of said ten years. The Legislative Assembly shall provide for the sale of all school lands subject to the pro- visions of this article. The coal lands of the State shall never be sold, but the Legislative Assembly may by general laws provide for leasing of the same; the words "coal lands" shall include lands bearing lignite coal. 156. The Superintendent of Public Instruction, Governor, Attorney General, Secretary of State and State Auditor shall con- stitute a board of commissioners, which shall be denominated the "Board of University and School Lands," and subject to the pro- visions of this article and any law that may be passed by the Legislative Assembly, said board shall have control of the appraisement, sale, rental and disposal of all school and univer- sity lands, and shall direct the investment of the funds arising therefrom in the hands of the State Treasurer, under the limita- tions of Section 160 of this article. 157. The county superintendent of common schools, the chairman of the county board and the county auditor shall con- stitute boards of appraisal, and under the authority of the State Board of University and School Lands shall appraise all school lands within their respective counties, which they may from time to time recommend for sale at their actual value, under the pre- scribed terms, and shall first select and designate for sale the most valuable lands. 158. No land shall be sold for less than the appraised value, and in no case for less than ten (10) dollars per acre. The pur- chaser shall pay one-fifth of the price in cash, and the remaining four-fifths as follows: One-fifth in five years, one-fifth in ten years, one-fifth in fifteen years and one-fifth in twenty years, with interest at the rate of not less than 6 per centum, payable annually in NORTH DAKOTA. 1 7 advance. All sales shall be held at the county seat of the county in which the land to be sold is situate, and shall be at public auction, and to the highest bidder, after sixty days' advertisement of the same in a newspaper of general circulation in the vicinity of the lands to be sold, and one at the seat of government. Such lands as shall not have been specially subdivided shall be offered in tracts of one-quarter section, and those so subdivided in the smallest subdivisions. All lands designated for sale and not sold within two years after appraisal shall be reappraised before they are sold. No grant or patent for any such lands shall issue until payment is made for the same; Provided, That the lands contracted to be sold by the State shall be subject to taxation from the date of such contract. In case the taxes assessed against any of said lands for any year remain unpaid until the the first Monday in October of the following year, then and thereupon the contract of sale for such lands shall become null and void. 159. All lands, money or other property, donated, granted or received from the United States or any other source .for a university, school of mines, reform school, agricultural college, deaf and dumb asylum, normal school, or other .educational or charitable institution or purpose, and the proceeds of all such lands and other property so received from any source, shall be and remain perpetual funds, the interest and income of which together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and applied to the specific objects of the original grants or gifts. The principal of every such fund may be increased but shall never be diminished, and the interest and income only shall be used. Every such fund shall be deemed a trust fund held by the State, and the State shall make good all losses thereof. 160. All lands mentioned in the preceding section shall be appraised and sold in the same manner and under the same limi- tations and subject to all the conditions as to price and sale as provided above for the appraisal and sale of lands for the benefit of common schools; but a distinct and separate account shall be kept by the proper officers of each of said funds; Provided, That the limitations as to the time in which school land may be sold shall apply only to lands granted for the support of common schools. 161. The Legislative Assembly shall have authority to pro- vide by law for the leasing of lands granted to the State for educational and charitable purposes; but no such law shall authorize the leasing of said lands for a longer period than five years. Said land shall only be leased for pasturage and meadow purposes, and at a public auction after notice as heretofore pro- vided in case of sale; Provided, That all of said school lands now under cultivation may be leased at the discretion and under the control of the Board of University and School Lands, for l8 GENERAL SCHOOL LAWS, other than pasturage and meadow purposes until sold. All rents shall be paid in advance. 162. The moneys of the permanent school fund and other educational funds shall be invested only in bonds of school cor- porations within the State, bonds of the United States, bonds of the State of North Dakota, or in first mortgages on farm lands in the State not exceeding in amount one-third of the actual value of any subdivision on which the same may be loaned, such value to be determined by the board of appraisers of school lands. 163. No law shall ever be passed by the Legislative Assem- bly granting to any person, corporation or association any privileges by reason of the occupation, cultivation or improve- ment of any public land by said person, corporation or association subsequent to the survey thereof by the general government. No claim for the occupation, cultivation or improvement of any public lands shall ever be recognized, nor shall such occupation, cultivation or improvement of any public lands ever be used to diminish, either directly or indirectly, the purchase price of said lands. 165. The Legislative Assembly shall pass suitable laws for the safe-keeping, transfer and disbursement of the school funds; and shall require all officers charged with the same or the safe keep- ing thereof to give ample bonds for all moneys and funds received by them, and if any of said officers shall convert to his own use in any manner or form, or shall loan with or without interest or shall deposit in his own name, or otherwise than in the name of the State of North Dakota, or shall deposit in any banks or with any person or persons, or exchange for other funds or property any portion of the school funds aforesaid, or purposely allow any portion of the same to remain in his own hands uninvested except in the manner prescribed by law, every such act shall constitute an embezzlement of so much of the aforesaid school funds as shall be thus taken or loaned, or deposited, or exchanged, or withheld, and shall be a felony; and any failure to pay over, pro- duce or account for the State school funds or any part of the same intrusted to any such officer, as by law required and demanded, shall be held and be taken to be prima facie evidence of such embezzlement. ARTICLE XII. PUBLIC DEBT AND PUBLIC WORKS. 183. The debt of any county, township, town, school district, or any other political subdivision, shall never exceed five (5) per centum upon the assessed value of the taxable property therein. * * * In estimating the indebtedness which a city, county, township, school district or any other political subdivision may incur, the entire amount of existing indebtedness, whether NORTH DAKOTA. contracted prior or subsequent to the adoption of this Constitu- tion, shall be included; * * * All bonds or obliga- tions in excess of the amount of indebtedness permitted by this constitution, given by any city, county, township, town, school district, or any other political subdivision, shall be void. 184. Any city, county, township, town, school district, or any other political subdivision incurring indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax sufficient to pay the interest and also the principal thereof when due, and all laws or ordinances providing for the payment of the interest or principal of any debt shall be irre- pealable until such debt is paid. 185. Neither the State nor any county, city, township, town school district or any other political subdivision shall loan or give its credit or make donations to or in aid of any individual, association or corporation, except for necessary support of the poor, nor subscribe to or become the owner of the capital stock of any association or corporation, 186. * * * No bills, claims, accounts or demands against the State, or any county or other political subdi- vision, shall be audited, allowed or paid until a full itemized statement in writing shall be filed with the officer or officers whose duty it may be to audit the same. 187. * * * * No bond or evidence of debt of any county, or bond of any township or other political subdi- vision, shall be valid unless the same have indorsed thereon a certificate signed by the county auditor, or other officer author- ized by law to sign such certificate, stating that said bond, or evidence of debt, is issued pursuant to law and is within the debt limit. ARTICLE XIX. PUBLIC INSTITUTIONS. 215. The following public institutions of the State are per- manently located at the places hereinafter named, each to have the lands specifically granted to it by the United States in the act of Congress approved February 22, 1889, to De disposed of and used in such manner as the Legislative Assembly may prescribe, subject to the limitations provided in the article on school and public lands contained in this Constitution: Second The State University and the School of Mines at the city of Grand Forks, in the county of Grand Forks. Third The Agricultural College at the city of Fargo, in the county of Cass. Fourth A State Normal School at the city of Valley City, in the county of Barnes; and the Legislative Assembly in apportion- ing the grant of 80,000 acres of land for Normal Schools made in 20 GENERAL SCHOOL LAWS, the act of Congress referred to, shall grant to the said Normal School at Valley City aforementioned 50,000 acres, and said lands are hereby appropriated to said institution for that purpose. Fifth The Deaf and Dumb Asylum at the city ot Devils Lake in the county of Ramsey. ******* Seventh A State Normal School at the city of Mayville in the county of Traill; and the Legislative Assembly in apportioning the grant of land made by Congress in the act aforesaid for State Normal schools, shall assign 30,000 acres to the institution hereby located at Mayville, and said lands are hereby appropriated for said purpose. * * * 216. The following named public institutions are hereby permanently located as hereinafter provided, each to have so much of the remaining grant of 170,000 acres of land made by the United States for "other educational and charitable institutions," as is allotted by law, viz.: Second A Blind Asylum, or such other institution as the Legislative Assembly may determine, at such place in the county of Pembina as the qualified electors of said county may deter- mine at an election to be held as prescribed by the Legislative Assembly, with a grant of 30,000 acres. Third An Industrial School and School for Manual Training, or such other educational or charitable institution as the Legislative Assembly may provide, at the town of Ellendale, in the county of Dickey, with a grant of 40,000 acres. Fourth A School of Forestry, or such other institution as the Legislative Assembly may determine, at such place in one of the counties of McHenry, Ward, Bottineau, or Roletteas the electors of said counties may determine by an election for that purpose, to be held as provided by the Legislative Assembly. Fifth A Scientific School, or such other educational or charit- able institution as the Legislative Assembly may prescribe, at the city of Wahpeton, county of Richland, with a grant of 40,000 acres; Provided, That no other institution of a character similar to any one of those located by this article shall be established or maintained without a revision of this Constitution. STATUTORY PROVISIONS. PART I. PUBLIC SCHOOLS. Article Section. 1. Superintendent of Public Instruction . 1-16 2. County Superintendent of Schools !7~36 3. School Districts 37-48 4. Election of School Officers . 49~57 5. Organization, Meetings and Duties of District Officers 58-69 6. Powers and Duties of District School Boards 70-88 7. School Funds 89-99 8. Taxes... ...100-104 9. Vacancies 105-109 10. Equalization of Indebtedness _ 110-114 n. Examinations and Certificates . 115-124 12. Duties of Teachers 125-133 13. Institutes, Associations and Reading Circle 134-137 14. Compulsory Attendance 138-143 15. Fines, Forfeitures and Penalties I 144-153 16. Bonds 154-163 17. Special Districts _ 164-206 1 8. Independent School Districts 207-234 19. Boards of Education in Certain Cities . 235-241 20. Free Text Books 242-243 2 1 . Purchase of Flags for School Districts 244 22. State Educational Library 245 23. High School Board 246-252 24. Health and Decency in Public Schools 253 PART II. EDUCATIONAL INSTITUTIONS. 25. University of North Dakota 254-283 26. Normal Schools 284-301 27. North Dakota Academy of Science 302-312 28. Agricultural College _ -3 I 3'3 2 9 29. Deaf and Dumb Asylum . _ -33"345 30. Blind Asylum 346-352 31. Industrial School 353-3 2 32. Lignite Coal to be Used 363 PART III SCHOOL AND PUBLIC LANDS. 33. Board of University and School Lands 364-430 PART I.--PUBLIC SCHOOLS. ARTICLE I. SUPERINTENDENT OF PUBLIC INSTRUCTION. Section. Section. 1. Qualifications of Term of Office. 9. Record of Official Acts. 2. To Preserve Miscellaneous Documents. 10. School Laws to be Printed. 3. Supervision of Schools. n. Conference with County Superintendents. 4. Prepare and Furnish School Supplies. 12. Seal. 5. Examinations and Teachers' Certificates. 13. To Assist at Teachers' Institutes. 6. Prescribe Course of Study. 14. Biennial Report, What to Contain. 7. Rules for Teachers' Institutes. 15. Reports to be Printed. 8. Advise County Superintendents. 16. Salary, Traveling Expenses. (Figures in paranthesis refer to section numbers in the Revised Codes.) i. (622.) QUALIFICATIONS OF. TERM OF OFFICE.] There shall be elected by the qualified electors of the state at the time of choosing members of the Legislative Assembly a Superin- tendent of Public Instruction, who shall have attained the age of twenty-five years, and who shall have the qualifications of an elector for that office and the holder of a State certificate of the highest grade, issued in some state, or a graduate of some reput- able university, college or normal school. He shall hold his office at the seat of government for the term of two years com- mencing on the first Monday in January following his election and until his successor is elected and qualified. 2. (623.) To PRESERVE MISCELLANEOUS DOCUMENTS.] He shall preserve in his office all books, maps, charts, works on edu- cation, school reports and school laws of other states, and cities, plans for school buildings and other articles of educational interest and value which may come into his possession as such officer, and at the expiration of his term he shall deliver them together with the reports, statements, records and archives of his office to his successor. 3. (624.) SUPERVISION OF SCHOOLS.] He shall have the general supervision of the public schools of the State and shall be ex-officio member of the Board of University and School Lands and of the Normal School Boards of the State. 4. (625.) PREPARE AND FURNISH SCHOOL SUPPLIES.] He shall prepare, cause to be printed and furnished to the proper officer or persons all school registers, reports, statements, notices and returns needed or required to be used in the schools or by the school officers in the State. He shall prepare and furnish the school officers, through the county superintendents, lists of publications approved by him as suitable for district libraries; 24 GENERAL SCHOOL LAWS, such lists shall also contain the lowest price at which each publi- cation can be purchased, and such other information relative to the purchase of district libraries as he may deem requisite. 5. (626.) EXAMINATIONS AND TEACHERS' CERTIFICATES.] He shall prepare or cause to be prepared all questions to be used in the examination of applicants for teachers' certificates, pre- scribe the rules and regulations for conducting such examinations and issue or revoke State certificates as provided in this chapter. 6. (627.) PRESCRIBE COURSE OF STUDY.] He shall prepare and prescribe a course of study for all the public and normal schools of the State and the course of study, training and prac- tice of the professional department of schools, designated and supported wholly or in part by the State. 7. (628.) RULES FOR TEACHERS' INSTITUTES.] He shall prescribe rules and regulations for the holding of teachers' insti- tutes, and after counseling and advising with county superintend- ents, shall appoint conductors therefor. He shall prescribe the course of instruction for teachers' institutes, and the course of reading for the teachers' reading circles within the State. 8. (629.) ADVISE COUNTY SUPERINTENDENTS.] He shall counsel with and advise county superintendents upon all matters involving the welfare of schools, and he shall, when requested, give them written answers to all questions concerning the school law. He shall decide all appeals from the decision of the county superintendents, and may for such decisions require affidavits, ver- ified statements or sworn testimony as to the facts in issue. He shall prescribe and cause to be enforced rules of practice and regulations pertaining to the hearing and determination of appeals, and necessary for carrying into effect the school laws of the State. 9. (630.) RECORD OF OFFICIAL ACTS.] He shall keep a complete record of all his official acts and shall file in his office all appeals and the papers pertaining thereto. 10. (631.) SCHOOL LAWS TO BE PRINTED.] He shall at least once in two years cause to be printed the school laws of the State, with such notes and decisions thereon as may seem to him advisable, and shall furnish them as they are needed to the school officers in the State. ii. (632.) CONFERENCE WITH COUNTY SUPERINTENDENTS.] He shall meet the county superintendents of each judicial district or of two or more districts combined at such time and place as he shall appoint, giving them due notice of such meeting. The objects of such meeting shall be to accumulate valuable facts relative to schools, to compare views, to discuss principles, to hear discussions and suggestions relative to the examinations and qualifications of teachers, methods of instruction, text books, institutes, visitation of schools and other matters relating to the public schools. 12. (633.) SEAL.] He shall provide and keep a seal by which all his official acts may be authenticated. NORTH DAKOTA. 25 13. (634.) To ASSIST AT TEACHERS' INSTITUTES.] He shall when practicable, attend and assist at teachers' institutes and aid and encourage generally teachers in qualifying themselves for the successful discharge of their duties; he shall labor faithfully in all practicable ways for the welfare of the public schools of the State, and shall perform such other duties as shall be required of him by law. 14. (635.) BIENNIAL REPORT, WHAT TO CONTAIN.] He shall, on or before the first day of November preceding the biennial session of the Legislative Assembly, make and .transmit to the Governor a report, showing: 1. The number of school districts, schools, teachers employed and pupils taught therein and the attendance of pupils and studies pursued by them. 2. The financial condition of the schools, their receipts and expenditures, value of school houses and property, cost of tuition and wages of teachers 3. The condition, educational and financial, of the normal and higher institutions connected with the school system of the State and as far as it can be ascertained, of the private schools, academies and colleges in the State. 4. Such general matters, information and recommendations relating to the educational interests of the State as he may deem important. 15. (636.) REPORTS TO BE PRINTED.] One thousand copies of the report of the Superintendent of Public Instruction shall be printed biennially in the month of December preceding the session of the Legislative Assembly. One copy shall be fur- nished to each of the members of the Legislative Assembly, one copy to each county superintendent of the State, one copy to the president of each school board, one copy to each State officer, one copy to each State and Territorial Superintendent and twenty copies shall be filed in the office of the Superintendent of Public In- struction and ten copies in the State library. The remaining copies shall be distributed among the various colleges, universities and other libraries of the United States. 16. (637.) SALARY, TRAVELING EXPENSES.] He shall re- ceive an annual salary of two thousand dollars and in addition thereto his actual and necessary traveling expenses incurred in the discharge of his official duties, not exceeding six hundred dollars in any one year, such expenses to be paid monthly on the warrant of the State Auditor upon his filing with such Auditor an itemized statement of such expenses properly verified. s. L. 3. 26 GENERAL SCHOOL LAWS, ARTICLE II. COUNTY SUPERINTENDENT OF SCHOOLS. Section. 17. Election Term of Office. General Duties. Visitation of Schools. General Duties Continued. Record of Official Acts. Meetings with School Officers. To Decide Questions in Controversy. Power to Administer Oaths. Institute Fund, How Raised and Used. 26. Apportionment of State Tuition Fund. Section. 27. Teacher's Certificate may be Revoked, when 28. Report to State Superintendent. 29. Appraisement of School Lands Fees. 30. Office, Postage and Stationery. 31. Salary Deputy Traveling Expenses. 32. Qualifications of. 33. Shall not Engage in Teaching. 34. Shall not Absent Himself from County. 35. Subject to Removal. 36. Not Applicable in Every County. 17. (638.) ELECTION. TERM OF OFFICE.] There shall be elected in each organized county at the same time other county officers are elected a county superintendent of schools, whose term of office shall be two years, commencing on the first Monday in January following his election and until his successor is elected and qualified. 1 8. (639.) GENERAL DUTIES.] The county superintendent of schools shall have the general superintendence of the public schools in his county, except those in cities which are organized under special law and those in special or independent school districts. 19. (640.) VISITATION OF SCHOOLS.] He shall visit each public school under his supervision. He shall at such visit care- fully observe the condition of the school, the mental and moral instruction given, the methods of teaching employed by the teacher, the teacher's ability and the progress of the pupils. He shall advise and direct the teacher in regard to the instruction, classification, government and discipline of the school and the course. of study. He shall keep a record of such visits and by memoranda indicate his judgment of the teacher's ability to teach and govern and the condition and progress of the school, which shall be open to inspection by any school director. 20. (641.) GENERAL DUTIES CONTINUED.] He shall carry into effect all instructions of the Superintendent of Public Instruc- tion given within his authority. He shall distribute to the proper officers and to teachers all blanks furnished him by such Super- intendent, and needed by such officers and teachers. Acting under the instructions of the Superintendent of Public Instruc- tion, he shall convene the teachers of his county at least one Saturday in each month during which the public schools are in progress, or if the distance is too great he may convene the teachers of two or more districts in each of the several portions of his county in county or district institutes, or teachers' circles for normal instruction and the study of methods of teaching, organizing, classifying and governing schools, and for such other instruction as may be set forth in the course of reading pre- scribed by the Superintendent of Public Instruction for the State NORTH DAKOTA. Teachers' Reading Circle. Each teacher shall attend the full session of such institute or circle and participate in the duties and exercises thereof or forfeit one day's wages for each day's absence therefrom, unless such absence is occasioned by sickness of the teacher or others to whom his attention is due; but when on account of distance or otherwise it would impose a hardship upon any teacher to attend, or would cause such teacher to neglect his school, the county superintendent may excuse such teacher from attendance. 21. (642.) RECORD OF OFFICIAL ACTS.] He shall keep a record of all his official acts and shall preserve all books, maps, charts and apparatus sent him as a school officer, or belonging to his office. He shall file all reports and statements from teachers and school boards and shall turn them over to his successor in office. 22. (643.) MEETINGS WITH SCHOOL OFFICERS.] He may arrange for meetings with school officers at designated times and places, due notice of which has been given, for the purpose of inspecting the district records and instructing in the manner of keeping the same and of preparing the reports of district officers. He shall visit the officers of the several school districts as often as may be necessary to secure the correct keeping of the records. He shall, on or before the first day of April in each year, prepare and furnish to the several assessors of the county a correct sectional map of their respective districts, showing the boundaries and names or numbers of all school districts therein. 23. (644.) TO DECIDE QUESTIONS IN CONTROVERSY.] He shall decide all matters in controversy arising in his county in the administration of the school law or appealed to him from the decisions of school officers or boards. An appeal may be taken from his decision to the Superintendent of Public Instruction, in which case a full written statement of the facts, together with the testimony and his decision in the case shall be certified to the Superintendent of Public Instruction for his decision in the matter, which decision shall be final, subject to adjudication or the proper legal remedies in the courts. 24. (645.) POWER TO ADMINISTER OATHS.] He shall have power to administer oaths of office to all subordinate school officers, and to witnesses and to examine them under oath in all controversies pending before him arising in the administration of the school laws; but he shall not receive pay for administering such oaths. 25. (646.) INSTITUTE FUND, HOW RAISED AND USED.] All fees received by him for the examination of teachers shall be turned over to the county treasurer, who shall keep the same as a special fund to be known as the "institute fund" and which shall be used only for the expenses of holding county teachers' institutes, to be paid out upon proper warrants issued by the county auditor upon the sworn and itemized voucher of the county superintendent. 28 GENERAL SCHOOL LAWS, 26. (647.) APPORTIONMENT OF STATE TUITION FUND.] He shall make apportionment of the State tuition fund among the school corporations of the county, a's provided in this chapter. 27. (648.) TEACHER'S CERTIFICATE MAY BE REVOKED, WHEN.] He shall see that the pupils are instructed in the several branches of study required by law to be taught in the schools as far as they are qualified to pursue them. If any teacher neglects or refuses to give instruction as required by law in physiology and hygiene, and the nature and effect of alcoholic drinks, narcotics and stimulants, the county superintendent shall promptly revoke such teacher's certificate and cause him to be discharged. If the teacher, so neglecting or refusing to give instructions in such branches, holds a State certificate, the county superintendent shall immediately certify such refusal or neglect to the superintendent of public instruction. 28. (649.) REPORT TO STATE SUPERINTENDENT.] He shall, on or before the fifteenth day of August in each year, make and transmit a report to the superintendent of public instruction, containing such statistics, items and statements relative to the schools of the county, as may be required by such superintendent. Such report shall be made upon and conform to the blanks furnished by the superintendent of public instruction for that purpose. He shall not be paid his salary for the last quarter of his official year, until he presents to the county commissioners, the receipt of the superintendent of public instruction for such annual report. 29. (650.) APPRAISEMENT OF SCHOOL LANDS. FEES.] He shall perform such duties as appraiser of the school lands in his county, and also in the leasing and sale of such lands, as may be required of him by the Board of University and School Lands. He shall be paid for such services three dollars a day for the time actually employed therein and five cents a mile for the distance actually and necessarily traveled in the discharge of such duties, to be paid by the State Treasurer out of the funds appropriated for the current expenses of the Board of University and School Lands. 30. (651.) OFFICE, POSTAGE AND STATIONERY.] He may provide for himself a suitable office for the transaction of official business when not provided therewith by the county commis- sioners, and such commissioners shall audit and pay his reason- able accounts for the use and furniture of such office. They shall also furnish him with all necessary books, stationery and postage; but not more than one hundred and twenty-five dollars a year shall be paid by any county for office rent, books, station- ery, postage and furniture, and when an office room is furnished by the county he shall not be allowed to exceed fifty dollars a year for stationery and postage. 31. (652.) SALARY. DEPUTY. TRAVELING EXPENSES.] The salary of the county superintendent of schools shall be as NORTH DAKOTA. follows: In each county having one school and not over five, one hundred dollars; six schools and not over ten, two hundred dollars; eleven schools and not over fifteen, three hundred dol- lars; sixteen schools and not over twenty, four hundred dollars; twenty-one schools and not over twenty-five, five hundred dollars; twenty-six schools and not over thirty, six hundred dollars; thirty-one schools and not over thirty-five, seven hundred dollars; thirty six schools and not over forty, eight hundred dol- lars; forty-one schools and not over fifty, nine hundred dollars; and for each additional ten schools or major fraction thereof, one hundred dollars additional; provided, that in computing the salary of such superintendent no school shall be included unless the same shall have been taught at least three months during the preceding year; provided, further, that such salaries shall not exceed fifteen hundred dollars in any county. In addition thereto he shall receive seven cents a mile for the distance actually and necessarily traveled by him in the discharge of his duties. He shall at the end of every three months make and furnish to the county commissioners an itemized statement of the distance so traveled in the discharge of his duties, which shall be audited and ordered paid by the board of county commissioners. The amount of his salary shall be determined each year by the actual number of schools or separate departments in graded schools over which such superintendent had official supervision during the preceding year, and the same shall be paid out of the county general fund monthly upon the warrant of the county auditor. In each county which shall be organized for school purposes after the adoption of this code, the county superintendent shall be paid a salary at the rate of one hundred dollars a year until the first Monday in October next following his election, after which his salary shall be as provided for in this section. The county superintendent may appoint a deputy who shall perform the duties of the county superintendent during his absence from the county; but no additional salary shall be paid such deputy, except in counties having eighty or more schools, in which counties the board of county commissioners may appropriate not to exceed one hundred dollars each year for clerical assistance in the office of the county superintendent, but such deputy shall be paid seven cents a mile for the distance actually and necessarily traveled by him, to be paid in the same manner the county super- intendent is paid. The county superintendent shall be responsi- ble for the official acts of such deputy. 32. (653.) QUALIFICATIONS OF.] No person shall be deemed qualified for the office of county superintendent, unless he holds a certificate of the highest county grade or its equivalent. 33- (654.) SHALL NOT ENGAGE IN TEACHING.] No county superintendent of schools, except as hereinafter provided, shall engage in teaching during the term for which he was elected, nor 30 GENERAL SCHOOL LAWS, shall any person under contract to teach be qualified to hold the office of county superintendent of schools. 34. (655.) SHALL NOT ABSENT HIMSELF FROM COUNTY.] No county superintendent of schools shall engage in any profession or occupation, nor shall he absent himself from the county or district for which he is elected to engage in any occupation, profession or pursuit during the term for which he is elected for such time and in such manner as to interfere with the proper discharge of his duties as county superintendent of schools. 35- (656.) SUBJECT TO REMOVAL.] Any county superin- tendent of schools who neglects or violates any of the provisions of sections 654 and 655 shall be subject to removal from office. 36. (657.) NOT APPLICABLE IN EVERY COUNTY.] None of the provisions of sections 654 and 655 shall be applicable to counties in which the salary of county superintendents of schools is less than twelve hundred dollars per annum. ARTICLE III. SCHOOL DISTRICTS. Section. Section. 37. What Constitutes a School Corporation. 43. When Civil Townships may Consolidate into 38. School Township to Conform to Civil Town- School District. ship when Possible. 44. School Districts, How Named. 39. What Territory may be Organized into Dis- 45. When Boundaries to be Rearranged and trict School Corporations. Established and How. 40. New School Districts, How Formed. 46. Boundaries, How Changed in Future. 41. When School Corporations may be Divided 47. Rights and Powers of School Corporations. and Attached to Other Districts. 48. Plats of School Districts to be Furnished by 42. Annexation of School Corporations. County Auditor. 37. (658.) WHAT CONSTITUTES A SCHOOL CORPORATION.] Each civil township in the state, not organized for school purposes under the district system at the taking effect of this code, shall be and is hereby constituted a distinct school corporation, and whenever in any county a civil township shall hereafter be organized it shall from and after such organization be and consti- tute a distinct school corporation, except as otherwise specially provided in this chapter. 38. (659.) SCHOOL TOWNSHIP TO CONFORM TO CIVIL TOWN- SHIP WHEN POSSIBLE.] Each school township in every county in the state, which at the taking effect of this code consists of territory not organized into a civil township, shall be and remain a distinct school corporation; provided, that whenever such school township, or any part thereof, shall be organized into or annexed to a civil township, such civil township shall thenceforth constitute a distinct school corporation; but nothing in this section shall be construed to alter the boundary lines of any school township organized prior to the passage of this code, except upon petition as hereinafter provided. 39. (660.) WHAT TERRITORY MAY BE ORGANIZED INTO DISTRICT SCHOOL CORPORATIONS.] The county commissioners of NORTH DAKOTA. 3! each county, not organized for school purposes under the district school system at the taking effect of this code, shall organize into a distinct school corporation any territory not, at the taking effect of this code, already organized into a civil township or a school township, upon being petitioned so to do by one-third of the residents of such territory, having the care and custody of any child of school age; provided, such territory shall consist of not less than one congressional township, having at least eight thousand dollars of taxable property and at least ten children of school age residing therein. The county commissioners of every such county, with the advice and consent of the county superin- tendent, may rearrange the boundaries in any school corporation whose territory is not included within a civil township, when petitioned so to do by a majority of the voters residing within such school corporation, whose boundaries will be effected thereby, subject to the same restrictions and conditions as to extent of territory, value of taxable property and number of resident children of school age as in the organization of a school corporation from territory not included in a civil township. In the formation of school corporations and the rearrangement of their boundaries as provided for in this section, the boundary lines of congressional townships shall be followed as far as possible as school corporation lines. 40. (661.) NEW SCHOOL DISTRICTS, HOW FORMED.] In any county hereafter organized the county commissioners shall so divide the county or the parts thereof, which include every congressional township in such county which has residing therein not less than ten children of school age, into school corporations as will best promote the permanent interests of public schools in the county, upon the same petition and subject to the same condition and restrictions as are contained in section 660. 41. (662.) WHEN SCHOOL CORPORATIONS MAY BE DIVIDED AND ATTACHED TO OTHER DISTRICTS.] If a portion of any such school corporation having not more than ten children of school age residing therein is separated from the other portion of such corporation by any natural obstacle which practically prevents such children from attending school in such other portion, the county commissioners of the county may annex such portion so separated to an adjoining school corporation, and the portion so annexed shall constitute a part of such adjacent corporation. If such adjacent corporation lies in another county, the county com- missioners of the two counties may jointly make such annexation. 42. (663.) ANNEXATION OF SCHOOL CORPORATIONS.] In any county not organized for school purposes under the district system at the taking effect of this code, if a town or village not organized into a special district is divided by a civil township line or if such town or village is divided by any county line, the county commissioners of such county, or the county commis- sioners of such adjacent counties acting in joint session, as the 32 GENERAL SCHOOL LAWS, case may be, may when petitioned so to do by a majority of the voters of each part -of said town or village, annex one part of such town or village to the adjacent school corporation which includes the other part of such town or village and the part so annexed shall constitute a portion of such adjacent corporation. 43. (664.) WHEN CIVIL TOWNSHIPS MAY CONSOLIDATE INTO SCHOOL DISTRICT.] In any county not organized for school purposes under the district system at the taking effect of this code, if a civil township having less than fifteen persons of school age residing therein, by reason of the irregular course of natural boundary, contains less than twelve sections or square miles of territory, it shall constitute a portion of the adjacent school dis- trict with which it has the longest common boundary line. 44. (665.) SCHOOL DISTRICTS, HOW NAMED.] Each school corporation constituted or formed under the provisions of this article, shall be designated a school district as distinguished from a civil township or congressional township and shall be named as follows: Each school district which consists of a civil township shall be named " school district of county, State of North Dakota," with the name of the civil township which constitutes the districts inserted in the blank before the word "school "and the name of the county in which it is situated inserted before the word " county." Each school district which consists of territory not organized into a civil township but which has been named by a distinctive name shall have such distinctive name inserted in the blank before the word " school." Each school district consisting of territory not organized into a civil township which has no distinctive name shall be named " school district No of county, State of North Dakota," with its proper number inserted in the blank after the word "number" and the proper name of the county inserted in the blank before the word "county;" provided, that in each county organized for school purposes under the district system at the taking effect of this code, the several school districts shall retain and be known by the number which they have respectively at the time of the taking effect of this code and any school district hereafter formed in any such county shall be known by the number next higher than that of the highest pre-existing numbered district. 45. (666.) WHEN BOUNDARIES TO BE REARRANGED AND ESTABLISHED AND HOW.] The county commissioners and county superintendent of schools in each county, which at the taking effect of this code, is organized for school purposes under the district system, shall meet on the first Monday in May, A. D. 1896, at the place where the meetings of such commissioners are usually held and shall rearrange and establish the boundaries of the several school districts of the county unless the same has already been done, as follows: I. Each civil township in a county, no part of which is NORTH DAKOTA. 33 I included in a school district already organized, shall be formed into a single school district. 2. Each congressional township in the county, no part of which is included in a civil township nor in an organized school district, if it contains twelve or more persons of school age, shall be formed into a single school district. 3. All territory in a county situated in a civil township, part of which is organized into a school district or situated in a con- gressional township not included in a civil township, and a portion of which is organized into a school district shall be annexed to and form a part of the organized school district lying wholly or in part in such civil or congressional township. 4. Each school district now organized which has less than ten persons of school age residing therein shall be annexed to and form a part of such adjacent school district as shall be most con- venient for such persons of school age, when in the judgment of such commissioners and superintendent such annexation can be made without detriment to the school or to the pupils residing in such district. 5. The boundary lines of each school district which lies partly within two or more civil townships shall be so changed that such school district shall lie wholly within one civil township, so far as in the judgment of such commissioners and superintendent such change can be made without detriment to the schools or to the pupils therein. 6. Such commissioners and superintendent shall make such changes generally in the boundary lines of the school districts of the county, not in their judgment detrimental to the interests of the schools of the county, as will reduce the number of school districts in the county, and form school districts not extending beyond the boundaries of the civil township. 46. (667.) BOUNDARIES, HOW CHANGED IN FUTURE.] After the boundary lines of the several school districts in any of the counties are rearranged and established as provided for in the last section, or at any time thereafter, such boundary so established, or any boundary rearranged and established as aforesaid, may be changed by the county commissioners and superintendent of schools of such county at a regular meeting of the board, upon petition of three-fourths of the resident voters in and of the parts of districts to be included in any new districts, or of the parts of districts desiring such change; provided, that there are at least twelve children of school age within the boundaries pro- posed to be benefited by such change or creation of a new district, and it shall appear to the satisfaction of a majority of such board and to the county superintendent that such change will be beneficial to the schools and to the public; and provided further, that each congressional township not wholly or in part included in a civil township, and no portion of which is organized for school purposes, shall be formed into a school district as soon as 34 GENERAL SCHOOL LAWS, I it shall have residing therein twelve or more children of school age. 47. (668.) RIGHTS AND POWERS OP SCHOOL CORPORATIONS.] Each school district constituted and formed as provided in this article shall be a distinct corporation, and under its proper name or number as such corporation, may sue and be sued, contract and be contracted with, and may acquire, purchase, hold and use personal or real property for school purposes or for the purposes mentioned in this chapter and sell and dispose of the same. 48. (669.) PLATS OF SCHOOL DISTRICTS TO BE FURNISHED BY COUNTY AUDITOR.] The county auditor shall, within thirty days after the first school election held as provided herein, trans- mit to the State Auditor, to the Superintendent of Public Instruction and to the county superintendent, a plat of the county showing the boundaries and name of each school corpor- ation therein, and shall record a copy of the same together with all proceedings of the county board had and done under this .chapter in a proper book kept for that purpose. He shall promptly furnish such officers with a correct plat showing any changes at any time in the boundaries of school corporations. The Superintendent of Public Instruction shall furnish instruc- tions for the suitable preparation and construction of such plats in regard to scale and markings, in order to secure a uniform series of maps for binding for office use. ARTICLE IV. ELECTION OF SCHOOL OFFICERS. Section. Section. 49. Officers to be Elected. 54. Judges Oath. 50. Polling Places, How Established Appoint- 55. Election, How Conducted and Votes Can- ment of Election Officers. vassed. 51. Who Qualified to Vote or Hold Office. 56. Certificates of Election. 52. Hours Polls Open. 57- Oath of Office. 53. Notice of Annual Election. 49. (670.) OFFICERS TO BE ELECTED.] On the third Tuesday in June of each year there shall be elected one school director for the term of three years and on the third Tuesday in June of each even numbered year a school treasurer for the term of two years. Such officers shall hold their respective offices from the second Tuesday in July following their election for the number of years respectively for which they were elected, and until their successors are elected and qualified. At the first election for the organization of a new school district there shall be elected at large for such school districts three directors, one to serve until the first annual election, one to serve until the second annual election, and one to serve until the third annual election thereafter and a school treasurer to serve until the annual election in the next even numbered year and until his successor is elected and qualified. NORTH DAKOTA. 35 50. (671.) POLLING PLACES, HOW ESTABLISHED. APPOINT- MENT OF ELECTION OFFICERS.] The county superintendent in each county shall at least twenty days prior to the third Tuesday in June of each year, fix and designate some polling place in each school district so located as to be convenient for the voters of such district, and shall appoint two persons to act as judges and two to act as clerks of the election of such school officers; such judges and clerks shall be qualified voters in their respective districts. The county superintendent shall notify in writing such judges and clerks of their appointment, and of the place fixed and designated as the polling place in their respective districts, and shall furnish them with the necessary blanks and poll books for such election. He shall also furnish one of such clerks with three notices of such election specifying the time and place at which such election is to be held, the officers to be elected and term of each, which notices such clerk shall post in three of the most public places in the district at least ten days prior to the thirteenth day of June. The county superintendent shall fix the date and perform such other duties as devolve upon him by the provisions of this section for the first election in any school district hereafter formed under the provisions of this chapter, and such election shall be called by the county superintendent within thirty days after the formation of such school district. 51. (672.) WHO QUALIFIED TO VOTE OR HOLD OFFICE.] At any election of school officers in any school corporation in this state, all persons who are qualified electors under the general laws of the state and all women twenty-one years of age having the necessary qualifications as to citizenship and residence required of male voters by law, shall be qualified voters and shall be eligible to the office of county superintendent of schools, school director or member of the board of education or school treasurer, or may be judge or clerk of such election. 52. (673.) HOURS POLLS OPEN.] At all elections for school district officers, the polls shall be open at 2 o'clock p. M. and closed at 5 o'clock p. M. > 53. (674.) NOTICE OF ANNUAL ELECTION.] At least fifteen days before the third Tuesday in June of each year the district school board of each school district shall designate one polling place as convenient as possible to the voters of such district at which such annual election shall be held, and shall cause notice of such election to be posted in at least three of the most public and conspicuous places within the district. Such notices shall be signed by the clerk or in his absence by the president of the district school board, and shall state the time and place of hold- ing such election and the officers to be elected and their term of office, and shall be substantially in the following form: Notice is hereby given that on Tuesday the day of June, A. D an election will be held at (here insert polling place) for the purpose of electing 36 GENERAL SCHOOL LAWS, (here insert officers to be elected and term each is to serve) for school district No or for (here insert name of school district). The polls will be open at 2 o'clock p. M. and closed at 5 o'clock p. M. of that day. By order of school board, Signed, Clerk. 54. (675.) JUDGES. OATH.] At such annual election any two of the directors of the school district may act as judges and the clerk of the district school board and one other person to be chosen by the voters present at the opening of the polls,- shall act as clerks. The voters present at the opening of thejpolls shall choose a person to fill any vacancy caused by the absence of either of such officers to act as judge or clerk of such election. Before opening the polls each of the judges and clerks of elec- tion shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will perform my duties as judge or clerk (as the case may be) according to law and the best of my ability." Such oath or affirmation may be administered by any officer authorized to administer oaths or by either of the judges or clerks. Any school officer elected and qualified under the provisions of this chapter is authorized and empowered to administer any oath or affirmation pertaining in any manner to school offices. 55- (676.) ELECTION, HOW CONDUCTED AND VOTES CANVASSED.] Such election shall be conducted and the votes canvassed as provided by law for general elections, except as otherwise pro- vided in this chapter. Immediately after the polls are closed the judges shall proceed to count and canvass the votes for each person voted for at such election for any office, and the person receiving the highest number of votes for the office of director or treasurer shall be declared elected. If the election results in a tie for any such office, the district clerk shall immediately notify in writing the parties having received such tie votes, and a time shall be agreed upon by the parties within three days after the election, at which the election shall be decided in the manner that may be agreed upon by the parties, in the presence of the judges and clerks of election, and a record of the proceedings shall be made in the records of the district clerk. The return of the number of votes cast for each person for county superintend- ent of schools, shall be signed by such judges and clerks of election, sealed in an envelope and forwarded to the county auditor within five days after such election. 56. (677.) CERTIFICATES OF ELECTION.] The clerk of the school district shall within five days after such election furnish each person elected to any district office a written notice of his election, and that he shall take the oath of office as such officer on or before the second Tuesday in July following such election. He shall also forward to the county superintendent within ten NORTH DAKOTA. 37 days after such election, a certified list of all the officers elected thereat. 57. (678.) OATH OF OFFICE.] Each person elected to the office of school director or treasurer shall before entering upon the duties of his office, take and subscribe the oath prescribed in section 21 1 of the constitution, which oath shall be filed with the clerk of the school district board. ARTICLE V. ORGANIZATION, MEETINGS AND DUTIES OF DISTRICT OFFICERS. Section. Section. 58. District School Board Quorum. 64. When Additional Bond? Required. 59. Organization Clerk. 65. School Funds, How Paid Out. 60. Meetings of Board Fees. 66. Warrants to be Indorsed Wl en no Funds to 61. Duties of the President. Pay. 62. Duties of Clerk Compensation. 67. Warrants, What to Specify. 63. Treasurer's Bond, How Approved Vacancy 68. Oath and Bonds, Where to \ . Filed. how Filled. 69. Salary of School Treasurer. 58. (679.) DISTRICT SCHOOL BOARD. QUORUM.] The three school directors in each school district shall- constitute the district school board. A majority of the board shall constitute a quorum and the agreement of a majority shall be necessary to the validity of any contract entered into by the board. 59. (680.) ORGANIZATION. CLERK.] The school board shall meet annually on the second Tuesday in July and organize by choosing one of the members president, and a competent person, not a member of the board, clerk, who shall hold his office during the pleasure of the board. 60. (68 1.) MEETINGS OF BOARD. FEES.] The board shall on the second Tuesday in January, April, -July and October of each year, hold regular meetings for the transaction of business at such hour and place as may be fixed by the board. A special meeting may be held upon the call of the president or of the other two members. Written notice of the time and place of any special meeting shall be given to each member of the board at least forty-eight hours before the time of such meeting. Each member of the board shall be paid the sum of eight dollars per annum, less two dollars for each regular meeting which he fails to attend. 61. (682.) DUTIES OF THE PRESIDENT.] The president shall preside at all meetings of the board and shall perform such duties as usually pertain to such office and in accordance with the customary rules of order. In his absence a president pro tent- pore shall preside. The president shall perform suoh other duties as are prescribed in this chapter. 62. (683.) DUTIES OF CLERK. COMPENSATION.] The clerk of the board shall keep an accurate record of all proceedings of the board, give or post all notices, make out all reports and statements and perform all other duties required by law or by the board. He shall receive such compensation as shall be fixed by the board, not less than five nor more than twenty-five dollars per annum. 38 GENERAL SCHOOL LAWS, 63. (684.) TREASURER'S BOND, HOW APPROVED. VACANCY HOW FILLED.] The school treasurer shall, on or before the second Tuesday in July following his election and before enter- ing upon his duties, give a bond to the school district conditioned for the honest and faithful discharge of his duties and that he will render a true account of all funds and property that shall come into his hands and pay and deliver the same according to law. Such bond shall be in such sum as may be fixed by the board, but not less than double the sum to come into his hands in any one year as nearly as may be ascertained, which bond shall be signed by two or more sufficient sureties to be approved by the school board. In case the school board neglects or refuses to approve the bon.d of such treasurer and the sureties thereon, such treasurer may present the same to the county superintendent and serve notice thereof upon the board and due proof of such notice being made to the county superintendent, he shall unless good cause for delay appears, proceed to hear and determime the sufficiency of the bond and the sureties thereon, and may approve or disapprove the same as the facts warrant. In case a vacancy occurs in the office of district treasurer, it shall be the duty of the county treasurer of the county wherein such school district is located, upon being notified by the county superintendent or clerk of such school district that such vacancy exists, to perform the duties of treasurer of such school district until the vacancy is duly filled. 64. (685.) WHEN ADDITIONAL BONDS REQUIRED.] Whenever the amount in the hands of the treasurer or subject to his order, exceeds two-thirds of the penal sum of his bond or when in the judgment of the board or of the county superintendent the security on such bond is impaired, the board or county superin- tendent shall require an additional bond. If the treasurer fails for twenty days to give such additional bond the office shall be declared vacant and the vacancy shall be filled as provided in this chapter. 65. (686.) SCHOOL FUNDS, HOW PAID OUT.] The school treasurer shall keep such accounts and make such reports as are required of him by law, and shall publish his annual statement in a newspaper published in the nearest city or town to his district. He shall pay no money out of the school funds in his hands except upon the warrant of the school board signed by the presi- dent and countersigned by the clerk. He shall pay all warrants properly drawn and signed when presented, if there is any money in his hands or subject to his order for their payment. 66. (687.) WARRANTS TO BE INDORSED WHEN NO FUNDS TO PAY.] When a warrant is presented to the treasurer for payment and there is no money in his hands or subject to his order belonging to the proper fund for the payment of such warrant, he shall indorse on such warrant "presented for payment this. . . . day of 18. .and not paid for want of funds," and shall NORTH DAKOTA. 39 sign such indorsement. If he has in his hands or subject to his order money for the part payment of such warrant, he shall make such part payment and indorse the sum on the war- rant and add "balance not paid for want of funds," signing the same. He shall keep a correct register of all warrants so presented and indorsed. Each warrant thus presented and indorsed shall draw interest on the amount unpaid at eight per cent per annum from the date of such presentation and indorse- ment until paid \provided, that when there shall come into the hands of the treasurer or subject to his order money applicable to the payment of any warrant which has been so presented and registered, the treasurer shall notify in writing by mail the drawee of such warrant at his last known place of residence to present such warrant for payment, and interest shall cease upon every such warrant ten days after such notice shall have been sent, and such money shall be held for the payment of such warrant. 67. (688.) WARRANTS, WHAT TO SPECIFY.] Each warrant drawn by the clerk of the board on the district treasurer must specify the purpose for which it is drawn, the fund on which it is drawn, and the person to whom payable; and no warrant shall be issued except for an indebtedness incurred prior to its issue. 68. (689.) OATH AND BONDS, WHERE TO BE FILED.] All official oaths and bonds of school district officers shall be filed with the district clerk, who shall immediately certify to the county superintendent the fact of such oaths and bonds being filed. In case of the breach of any of the conditions of the treasurer's bond, the board, through its president, and in case of his refusal so to do, the county superintendent shall cause an action to be commenced and prosecuted thereon in the corporate name of the district, and any money collected for the district shall be paid to the district treasurer and any money collected for fines shall be paid into the county treasury and be credited to the general school fund of the state. If the board and county superintendent both fail or refuse to bring such action any tax- payer in the district may commence and prosecute such action, and the necessary expense thereof shall be paid out of the district treasury unless otherwise ordered by the court. 69. (690.) SALARY OF SCHOOL TREASURER.] The school treas- urer shall be paid' for his services such sum as shall be fixed by the board not less than five nor more than twenty-five dollars per annum. 4O GENERAL SCHOOL LAWS, ARTICLE VI. POWERS AND DUTIES OF DISTRICT SCHOOL BOARDS. Section. Section. 70. General Powers. 80. School Houses and Sites, How Determined. '71. Power to Establish Schools. 81. 'School House Sites, How Obtained. 72. Repairs, Fuel and Supplies. 82. Schools to be Organized on Petition. 73. Furniture, Maps, Registers, School Library. 83. School Terms, How Arranged When Schools 74. Teachers, How Employed Salaries, How May be Discontinued. Graded. 84. Additional School Time. 75. Pupils from Other Districts. 85. District High Schools, How Established and 76. Rules Suspension of Pupils. Controlled. 77. Branches of Study. 86. School Census Annual School Report. 78. Tax Levy Notice to County Auditor. 87. Records Open to Inspection. 79. When School Houses Can be Used for 88. Records and Teaching in English. Other Purposes. 70. (691.) GENERAL POWERS.] The district school board shall have the general charge, direction and management of the' schools of the district, and the care, custody and control of all the property belonging to it, subject to the provisions of this chapter. 71. (692.) POWER TO ESTABLISH SCHOOLS.] It shall organ- ize, maintain and conveniently locate schools for the education of children of school age within the district, and change or discon- tinue any of them in the cases provided by law. 72. (693.) REPAIRS, FUEL AND SUPPLIES. It shall make all necessary repairs to the school houses, outbuildings and appur- tenances, and shall furnish fuel and all necessary supplies for the schools. 73- (694.) FURNITURE, MAPS, REGISTERS, SCHOOL LIBRARY.] It shall furnish to each school all necessary and suitable furni- ture, maps, charts and apparatus, including Webster's Inter- national Dictionary. The school registers and all school blanks used shall be those furnished by the State Department of Public Instruction. It shall have power to purchase and keep for the use of the inhabitants of the school district a circulating library of the value of not more than fifty dollars, to be selected by the school board from any list of books approved by the Superin- tendent of Public Instruction, and furnished to the county superintendents for that purpose, and it shall not purchase any books not contained in such list. With the consent of a majority of the voters of the district at a meeting duly called for that purpose, due notice of which has been given as -provided by law for other meetings of the voters of the school district, the district school board may purchase and select a library of the value of more than fifty dollars but not to exceed one hundred dollars in value. It shall have the care and custody of the library and may appoint as librarian any suitable person including one of their own num- ber. It shall make rules to govern the circulation and care of the books while in the hands of pupils or other persons and may impose and collect penalties for injuries done to any book by the act, negligence or permission of the person who takes the same NORTH DAKOTA. 4! or while in his possession. No book shall be loaned for a longer period than two weeks at any time to any one person and never to any person not a resident of the district. The library shall be open at least once each week for the accommodation of its patrons. It shall, under proper rules, permit teachers to take books from the library to their schools for use in illustrating any subject and for instruction. It may at any time exchange any part or all of its library with any other district or person, so far as different books may be so obtained, for equal values of the books exchanged, and may at any time accept donations of books for the library; but it shall exclude therefrom all books unsuited to the cultivation of good character and good morals and manners, and no sectarian publications devoted to the discus- sion of sectarian differencies and creeds shall be admitted to the library. 74. (695.) TEACHERS, HOW EMPLOYED. SALARIES, HOW GRADED.] It shall employ the teachers of the school district, and may dismiss a teacher at any time for plain violation of con- tract, gross immorality or flagrant neglect of duty." No person shall be permitted to teach in any public school who is not the holder of a teacher's certificate or a permit to teach, valid in the county or district in which such school is situated; and every contract for the employment of a teacher must be in writing, and such contract must be executed before such teacher begins to teach in such schools. It shall grade the salaries of teachers for the district in accordance with the grades of certificates, and no teacher holding a certificate of a lower grade shall be paid a salary equal to or in excess of that paid to a teacher holding a certificate of a higher grade in the same district. 75- (696.) PUPILS FROM OTHER DISTRICTS.] It shall have power to admit to the schools in the district, pupils from other districts when it can be done without injuring or overcrowding such schools, and shall make regulations for their admission and the payment of their tuition. It shall have power to arrange with the board of an adjacent district for sending to such district such pupils as can be conveniently taught therein, and for paying their tuition. It shall also have power to make proper and need- ful rules for the assignment and distribution of pupils to and among the schools in the district and. their transfer from one school to another. 76. (697.) RULES. SUSPENSION OF PUPILS.] It shall assist and co-operate with teachers in the government and discipline of the schools, and may make proper rules and regulations therefor. It may suspend or expel from school any pupil who is insubor- dinate or habitually disobedient, but such suspension shall not be for a longer period than ten days nor such expulsion beyond the end of the current term of school. 77. (698.) BRANCHES OF STUDY.] Subject to the approval of the county superintendent, it shall have power to determine s. L. 4. 42 GENERAL SCHOOL LAWS, what branches, if any, in addition to those required by law shall be taught in any school of the district. 78. (699.) TAX LEVY. NOTICE TO COUNTY AUDITOR.] It shall have power to levy upon the property in the district a tax for school purposes of not exceeding thirty mills on the dollar in any year, which levy shall be made by resolution of the board prior to the twentieth day of July. The clerk shall immediately thereafter notify in writing the county auditor of the amount of tax so levied. It shall not have power to abate or reduce the amount of tax so levied after the county auditor has been notified of the amount of such levy. 79. (700.) WHEN SCHOOL HOUSES CAN BE USED FOR OTHER PURPOSES.] It may permit a school house, when not occupied for school purposes, to be used under careful restrictions for any proper purpose, giving equal rights and privileges to all religious denominations or political parties, but for any such use or privi- lege it shall not be at any cost for fuel or otherwise to the district. Nor shall any furniture which is fastened to the floor be removed, anS whoever removes any school furniture for any other purpose than repairing the same or for repairing the school room shall be guilty of a misdemeanor and shall be fined not less than five nor more than ten dollars for each offense. All fines imposed and collected under the provisions of this section shall be paid into the general school fund of the State. 80. (701.) SCHOOL HOUSES AND SITES, HOW DETERMINED.] Whenever in the judgment of the board it is desirable or neces- sary to the welfare of the schools in the district or to provide for the children therein proper school privileges, or whenever peti- tioned so to do by one-third of the voters in the district, the board shall call a meeting of the voters in the district at some convenient time and place fixed by the board to vote upon the question of the selection, purchase, exchange or sale of a school house site, or the erection, removal or sale of a school house. The president of the board shall be the chairman and the clerk of the board, secretary of such meeting. In case either of these officers is not present, his place shall be filled by some one chosen by the voters present. Three notices of the time, place and purpose of such meeting shall be posted in three public places in the district by the clerk, at least ten days prior to such meeting. If a majority of the voters present at such meeting shall by vote select a school house site, or shall be in favor of the purchase, exchange or sale of the school house, as the case may be, the board shall locate, purchase, exchange or sell such site, or erect, remove or sell such school house, as the case may be, in accord- ance with such vote; provided, that it shall require a vote of two-thirds of the voters present and voting at such meeting to order the removal of the school house and such school house so removed cannot again be removed within three years from the date of such meeting. NORTH DAKOTA. 43 81. (702.) SCHOOL HOUSE SITES, HOW OBTAINED.] The school board of any school district may take in the corporate name thereof, any real property not exceeding two acres in area chosen as a site for school house, as provided in this chapter, and may hold and use such tract for school purposes only. Should the owner of such real property refuse or neglect to grant and convey such site, a site for such school house may be obtained by proceeding in eminent domain as provided in the code of civil procedure. If the sight so selected is not used for the purposes for which it is taken for two successive years, it shall revert to the original owner or his assigns upon repayment of the sum originally paid by the corporation together with a reasonable con- sideration for the improvement. If such owner or his assigns neglects or refuses to make such repayment for one 'year after demand therefor by the board such site shall be the property of the district. 82. (703.) SCHOOLS TO BE ORGANIZED ON PETITION.] If a petition signed by the persons charged with the support and having the custody and care of nine or more children of school age, all of whom reside not less than two and one-half miles from the nearest school is presented to the board asking for the organi- zation of a school for such children, the board shall organize such school and employ a teacher therefor if a suitable room for such school can be leased or rented at some proper location, not more than two and one-half miles distant from the residence of any one of such children, and if such petition is signed by the persons charged with the support and having the custody and care of twelve or more of such children the board shall organize a school and employ a teacher therefor, and if no suitable room for such school can be leased or rented, the board shall call a meeting of the voters of the district for the selection and purchase of a school house site therefor and the purchase or erection of a school house as provided for in section 700. If at such meeting no such site is selected or if it is not voted to erect or purchase a school house for such school the board shall select and purchase a school house site, and erect, purchase or move thereon a school house at a cost of not more than seven hundred dollars for such house and furniture therefor. 83. (704.) SCHOOL TERMS, HO.W ARRANGED. WHEN SCHOOLS MAY BE DISCONTINUED.] The district board shall determine and fix the length of time the schools of the district shall be taught in each year, and when each term of school shall begin and end. It shall so arrange such terms as to accommodate and furnish school privileges equally and equitably to pupils of all ages; provided, that every common school shall be kept in session for at least four months in each school year, and in each district in which the number of persons of school age is an average of fifteen or more to the school, each school shall be kept in session for at least six months in each school year; provided, further, that 44 GENERAL SCHOOL LAWS, any school may be discontinued when the number of pupils of school age residing nearest to such school shall be less than four, and all contracts between school boards and teachers shall contain a provision that no compensation shall be received by such teacher from the date of such discontinuance or when with the consent of a majority of the patrons of such school proper and convenient school facilities can be provided for the pupils therein in some other school. 84. (705.) ADDITIONAL SCHOOL TIME.] If a majority of the patrons of any school averaging for its last term twelve or more pupils in daily attendance, shall petition the board to continue such school for an additional time, not exceeding nine months in any school year, the board shall continue such school for that length of time, if there are funds in the treasury sufficient for that purpose. 85. (706.) DISTRICT HIGH SCHOOLS, HOW ESTABLISHED AND CONTROLLED.] In any district containing four or more common schools and having an enumeration of sixty or more persons of school age residing therein the board may call, and if petitioned so to do by ten or more voters in the district, shall call a meeting of the voters of such district in the manner prescribed in section 700 to determine the question of the establishment of a district high school. If a majority of the voters at such meeting vote in favor of establishing such high school, the meeting shall further proceed to select a site therefor and to provide for the erection or purchase of a school building, or for the necessary addition to some school building therefor. Thereupon the board shall erect or purchase a building or make such addition for such high school, as shall be determined at such meeting, and shall estab- lish therein a district high school containing one or more departments, and employ teachers therefor. Such school shall be kept in session for such time each year not less than three months, as the board may determine. The board shall, subject to the approval of the county superintendent, grade such high school and prescribe the studies to be pursued therein, and shall have the same management and control thereof as of the common schools in the district. Two or more adjacent school districts may join in the establishment and maintenance of such high school, when empowered so to do by a majority of the voters in each district at a meeting called and held as provided for in this section, in which case the building and furniture occupied and used for such high school shall belong to the districts so uniting, and all the costs of maintaining such school, including wages of teachers and all necessary supplies shall be paid by such districts in proportion to the assessed valuation of the property in each, and the employment of teachers therefor, and the management, control and grading thereof shall be vested in the joint boards of such districts, subject to the approval of the county superintend- ent of the county in which such school is situated. NORTH DAKOTA. 45 86. (707.) SCHOOL CENSUS. ANNUAL SCHOOL RKPOKT. | The board shall cause the clerk to make an enumeration each year of all unmarried persons of school age, being over six and under twenty years of age, having their legal residence in the district on the first day of December of that year, giving the name and age of such persons and the name of the parent or guardian having the care or custody of each. Such enumeration shall be made upon and in accordance with the blanks furnished therefor by the county superintendent and shall be returned to the county superintendent prior to the twentieth day of Decem- ber. A copy of such enumeration shall also be kept in the office of the district clerk. The board shall also cause the district clerk to make out an annual school report for the year beginning January first and ending December thirty-first, contain- ing such financial and statistical statements and items as shall be required by the Superintendent of Public Instruction upon and in accordance with the blanks furnished therefor by the county super- intendent. Such report shall be carefully examined and certified as correct by the board at its regular meeting in January and transmitted to the county superintendent prior to the first day of February following. A copy of such report shall be filed in the district clerk's office. 87. (708.) RECORDS OPEN TO INSPECTION.] All reports, books, records, vouchers, contracts, and papers relating to school business in a school, district in the office of the clerk or treasurer, shall at all times be open to the inspection of any director, who shall advise and aid in securing correct records and accounts and legal reports, and they shall likewise be open to the Superinten- dent of Public Instruction, and county superintendent and any particular paper or record shall be exhibited at reasonable hours to any voter or tax payer. 88. (709.) RECORDS AND TEACHING IN ENGLISH.] All reports and records of school officers and proceedings of all school meetings shall be in the English language, and if any money belonging to any district shall be expended in supporting a school in which the English language shall not be taught exclusively, the county superintendent or any taxpayer of the school corporation may in a civil action in the name of the cor- poration recover for such corporation all such money from the officer so expending it or ordering or voting for its expenditure. 46 GENERAL SCHOOL LAWS, ARTICLE VII. SCHOOL FUNDS. Section. Section. 89. State Tuition Fund, How Raised. 95. Special Districts Entitled to Tuition Fund. 90. County Treasurer to Report Funds Quart- 96. Treasurer's Accounts Annual Settlement. erly State Superintendent Apportions. 97. When County Treasurer to Pay Funds to 91. Funds Defined How Used. District Treasurer. 92. Funds Controlled and Paid Out by District 98. County Treasurer to Keep Accounts with Treasurer. School Corporations. 93. Not Entitled to Tuition Fund, When 99. School Taxes, How and When Collected. Enumeration. 94.' Apportionment of Funds by County Super- intendent. 89. (710.) STATE TUITION FUND, HOW RAISED.] The net proceeds arising from all fines and penalties for violation of state laws, from leasing the school lands, the interest and income from the state permanent school fund together with the school poll tax and all school taxes levied by a general law shall be collected and paid into the state treasury in the same manner as is provided by law for the collection and payment of state taxes, and shall constitute the state tuition fund, which shall be apportioned among the several counties of the state in proportion to the number of children of school age in each, as shown by the last enumeration authorized by law. 90. (711.) COUNTY TREASURER TO REPORT FUNDS QUART- ERLY. STATE SUPERINTENDENT APPORTIONS.] It shall be the duty of the county treasurer to receive from the proper officers the net proceeds of fines, penalties and forfeitures for violation of state laws, to collect the school poll tax and all taxes levied for school purposes by general law, and all moneys arising from leasing school lands within the county, and to forward a detailed statement of the moneys so collected, specifying tl\e amount received from each of the above sources, to the state auditor at the same time that he is required to make reports of other moneys to such auditor. It shall be the duty of the State Auditor on or before the third Monday in February, May, August and Novem- ber in each year to certify to the Superintendent of Public Instruc- tion the amount of the state tuition fund and the State Superin- tendent shall immediately apportion such fund among the several counties of the state in proportion to the number of children of school age residing in each as shown by the last enumeration pro- vided for by law, and certify to the State Auditor, State Treasurer and to the county treasurer and county superintendent of each county, the amount apportioned to the respective counties. Immediately upon receipt of such apportionment from the State Superintendent as herein provided, the State Auditor shall draw a warrant upon the State Treasurer for the full amount of the State Tuition Fund apportioned to the several counties and shall deliver the same to the State Treasurer taking his receipt therefor, and shall notify the several county treasurers of the amount due their respective counties and that such warrant has been issued therefor NORTH DAKOTA. 47 and the State Treasurer shall pay on such warrant to the several county treasurers the amount due their respective counties; provided, however, that all moneys arising from interest on the permanent school fund and from leasing school lands shall be apportioned under a separate item and such money shall be taken account of as a separate item by all officers making or certifying such apportionment, or through whose hands any portion of such fund shall pass and it is further made the duty of the district treasurer to keep such fund separate from all other funds and if at the close of the school year any part of such fund which was apportioned prior to the third Monday of November of such year remains in the hands of the district treasurer, he shall return the same to the county treasurer taking his receipt therefor, and the county treasurer shall return all such funds so returned or that were not drawn by the district treasurer from the county treasurer to the State Treasurer who shall receipt for the same, and the county treasurer shall certify to the State Auditor the amount so returned to the State Treasurer. 91. (712.) FUNDS DEFINED. How USED.] All money received by the school district from the apportionment made by the Superintendent of Public Instruction shall constitute and be designated the State Tuition Fund. All money received from district taxes, from subscription, from sale of property, or from any other source whatever except from apportionment made by the Superintendent of Public Instruction, shall be designated the special fund. In addition to the State Tuition Fund and the special fund, a sinking fund may be established as provided by this article. The State Tuition Fund shall be used only in the pay- ment of teachers' wages; provided, that if the State Tuition Fund apportioned to any district in any one year is insufficient for the payment of teachers' wages in such district any money on hand or available belonging to the special fund of such district may be applied to meet such deficiency; provided, further, that if the State Tuition Fund apportioned to any one district in any one year is more than sufficient for the payment of teachers' wages in such district the portion of such fund in excess of the amount so required may be applied to the payment of warrants drawn upon the special fund of such district, if such district has school the required number of months during such year as required by law. 92. (713.) FUNDS CONTROLLED AND PAID OUT BY DISTRICT TREASURER.] All funds shall be kept in the possession or under the control of and paid out by the district treasurer, and he shall keep one general account for each district of the entire receipts and expenditures, and separate itemized accounts as herein pro- vided for each class of receipts and expenditures. His books shall at all times show by entries under proper heads all receipts of funds and payments therefrom, so as to enable any person readily to ascertain any balance in any account or any funds. 48 GENERAL SCHOOL LAWS, 93. (714.) NOT ENTITLED TO TUITION FUND, WHEN. ENU- MERATION.] No school district shall be entitled to receive any portion of the State Tuition Fund that fails to make a report of the enumeration of children of school age in the manner pro- vided by law, nor until such enumeration has been taken and reported as required by law. The county superintendent of schools shall not authorize the payment of money apportioned to any district unless the bond and oath of such treasurer duly approved and certified are on file in the office of the district clerk and a certificate thereof filed in the office of the county superin- tendent. New districts organized after the annual enumeration has been taken shall proceed immediately to take the enumera- tion as provided by law, and after the receipt of such enumeration by the Superintendent of Public Instruction through the county superintendent, the newly organized districts shall receive their proportionate share of the funds to be apportioned. 94. '(715.) APPORTIONMENT OF FUNDS BY COUNTY SUPERIN- TENDENT.] Within thirty days and in not less than twenty days after receiving the certificate of apportionment from the Super- intendent of Public Instruction the county superintendent shall apportion separately to the several school districts, special districts and districts organized under special law, which are entitled to any portion of the State Tuition Fund within the county in proportion to the number of children residing in each over six and under twenty years of age, excluding all married persons, as appears from the last enumeration authorized by law upon which the Superintendent of Public Instruction made the apportionment to the several counties, and he shall immediately notify each district treasurer of the amount of money due his school district, and shall certify to the county treasurer and to the county auditor the amount due each school district. The county treasurer shall deliver to the several district treasurers upon the order of the county auditor the amounts apportioned to their respective districts, taking a receipt therefor. 95. (716.) SPECIAL DISTRICTS ENTITLED TO TUITION FUND.] Special school districts shall be entitled to receive their proportion of the State Tuition Fund; provided that the clerk or secretary of the board of education thereof shall make a report to the county superintendent of the enumeration of children of school age therein at the time and in the manner prescribed in this chapter for other school districts to report the same. 96. (717.) TREASURER'S ACCOUNTS. ANNUAL SETTLEMENT.] The district treasurer shall open new accounts with each fund at the beginning of each school year and the balance in each fund shall be brought down and become the first entry in opening the account for the new year. On the Tuesday in January succeeding the annual meeting of the school board in each year, the school board shall make settlement with the district treasurer and shall carefully examine his books, accounts and vouchers and shall NORTH DAKOTA. 49 ascertain if the amount of all warrants, bonds and coupons paid and redeemed or paid in part together with the cash in his hands or under his control, is equal to the amount of the cash on hand at the beginning of the school year, together with all money received by him from all sources for school purposes during the year. The district treasurer shall deliver to the board at such annual meeting all warrants, bonds and coupons paid and redeemed by him during the school year and held by him as vouchers taking the receipt of the board therefor, and such vouchers shall forthwith be filed with the district clerk. He shall at that meeting make his annual report in triplicate, one copy to be preserved in the treasurer's office, one to be filed with the clerk of the school board, and one to be transmitted to the county superintendent of schools, and the board shall cause to be pub- lished an itemized statement of the receipts and expenditures of the preceding year. The treasurer's reports shall show the following: RECEIPTS. The balance at the close of the year. The amount received into the State Tuition Fund. The amount received into the Special Fund. The amount received into the Sinking Fund. EXPENDITURES. The amount paid for school houses, sites and furniture. The amount paid for apparatus and fixtures. The amount paid for teachers' wages. The amount paid for services and expenses of school officers. The amount paid for redemption of bonds. The amount paid for interest on bonds. The amount paid for incidental expenses. The cash on hand at the close of the school year. Such report shall include such other items as may be required by the district board or the Superintendent of Public Instruction, and shall be upon and in conformity with the blanks furnished him for that purpose. 97. (718.) WHEN COUNTY TREASURER TO PAY FUNDS TO DIS- TRICT TREASURER.] The treasurer of each district shall apply to the county auditor for an order, and the county treasurer, shall pay over to him on such order all of the school money collected for such district and all school money apportioned to such district by the county superintendent, and the county auditor shall issue such order when notified by the county superintendent in writing that such district treasurer has qualified and filed his oath and bond as provided by law. But no such notice of qualification is required during the term of each district treasurer, and when a 5nd subscribe to oath of office 37 to constitute district school board... 37 necessary for a quorum ;. 37 meetings of fees - 37 one to be chosen president of board.. 37 salary of 37 to approve district treasurer's bond to require new bond, when. 38 DISSOLVE special district may how 76 DISTRIBUTION of supplies by county superintendent 26 DISTRICTS (See School District and Special Districts.) DISTRICT CLERK (See Clerk of District.) DISTRICT LIBRARIES information to be furnished by state superintendent of public instruc- tion 23, 24 district school board may purchase 40 DISTRICT SCHOOL BOARD general powers power to establish schools 40 repairs, fuel, supplies, furniture, maps, register, district library, diction- ary, etc., to be furnished by.. 40 teachers, how employed certificate required by teacher contract to be in writing 41 admission of pupils from other districts, when 41 rules suspension of pupils 41 branches of study... , - --- 41 tax levy to be notified to county auditor 42 school houses may be used for other purposes than school, when and how --- 42 school houses and sites, how to be determined 42 election for selection of site and erection of school house 42 real, property for school house sites how obtained 43 INDEX. l6l DISTRICT SCHOOL BOARD Continued. schools to be organized on petition 43 school terms,, how arranged when school may be discontinued 43 additional school time, when 44 district high schools, how established - 44 school census clerk's annual school report, wr-:.i made 45 clerk's report to be examined by board 45 records open to inspection 45 onlylEnglish language to be taught 45 vacancy in office of director or treasurer how filled 53 vacancy in office of clerk how filled 53 penalty for neglect of duty 65 use of school funds for private use an embezzlement 65 DISTRICT SCHOOL OFFICERS board of directors 37 organization of clerk _ 37 meetings of board fees of members 37 duties of president 37 duties of clerk compensation . _. 37 treasurer's bond, how approved vacancy, how filled 38 additional bond of treasurer, when required 38 school funds, how paid out 38 warrants to be indorsed, when funds not in treasury to pay 38 warrants what to specify 39 oaths and bpnds, where to be filed 39 salary of school treasurer.. 39 prohibited from speculating in office 140 penalty for failure to make reports 140 vacancies in office, how filled ... 53 not to be interested in contracts, or speculate in school securities 65 must deliver public property to successors, (see Sec. 358, Political Code.) DISTRICT TREASURER election of 34 vacancy in office of, how filled 53 penalty for neglect of duty of 65 not to use school funds for private purposes.. 65 penalty for failure to pay over funds and to make proper indorsement on unpaid warrants ., 65, 66 penalty for false reports 66 to take and subscribe to oath of office 37 to give bond bond, how approved 38 failure to give additional bond vacates office 38 to keep accounts, make reports and pay money only on warrants 38 to indorse warrants when there are no funds to pay 38 to keep separate account of state tuition fund 46, 47 accounts of, how t > be kept.. 48, 49 to make reports in triplicate 49 annual report in triplicate 49 DISTURBANCE of public schools..- 66 DUTIES (See Powers, Rights and Duties.) DUTIES OF TEACHERS notice of opening and closing school 59 when teacher not entitled to compensation 59 S. L. 12, l62 INDEX. DUTIES OF TEACHERS Continued. teacher's register, what to contain 59 school year and school week defined holidays 59 branches t> be taught in public schools 60 teachers required to attend institute penalty for failure to attend 60 pupils may be suspended for cause . 60 assignment of studies to pupils 60 Bible not sectarian b -ok, may be read by teacher 61 teacher to give moral instruction to pupils 61 EDUCATION why necessary 14 ELECTION date of for district school directors 34 for school, treasurer 34 terms of office of sch' ol officers 34 first election in any district to be arranged for by county superintendent 35 qualifications of school electors and school officeis 35 of county superintendent 35 hours polls open notices of annual election 35 judges of election 36 votes, how canvassed 36 certificates of election 36 oath of school officers 37 of boards of education in special districts 72 to vote bonds - 67 notice of election of board 81 election precincts canvass of returns 81 certificates of election... - 82 to vote bonds in special districts 78 notice of to vote bonds 67 penalty for false returns of 65 to be by secret ballot 14 of boards of education in special districts 76 of state superintendent 13,23 in case of a tie vote, how to proceed 36 notice of, for board in independent districts 81 of board of education in cities working under special charter 89 ELECTION PRECINCTS in special districts ELECTORS qualifications of 14 privileged from arrest, when 14 when do not lose residence 14 certain persons who are not - 14 who entitled to vote - 14, 35 EMBEZZLEMENT treasurer guilty of, when ... 65 ENABLING ACT, PROVISIONS OF public schools to be provided foi 9 public schools, to be open to all children 9 public schools, to be free from sectarian control 9 sections 16 and 36 granted for support of common schools 9 indemnity lands granted, in lieu of school sections taken 9 mineral lands - 11 lands in Indian, military and other reservations, not granted 9 lands granted for educational purposes not to be sold for less than $10 per acre... 9,10 INDEX. 163 ENABLING ACT, PROVISIONS OF Continued. lands reserved forschool purposes may be leased under certain conditions 0, 10 per centum of proceeds of public lands granted to school fund 10 university, lands granted for 10 schools, colleges and universities, to be under control of state 10 sectarian schools, not to receive any proceeds of sale of lands 10 agricultural college, lands granted for 10, 11 school of mines, lands granted - 11 reform school, lands granted for 11 normal school, lands granted for 11 capitol building, lands granted for 11 educational and charitable purposes, lauds granted for 11 lands to be held, appropriated and disposed of as legislature provides... 11 mineral lands, exempted from grant 11 lands granted, how to be selected It ENDORSEMENT to be made on warrants when not paid 88 ENGLISH LANGUAGE records to be kept in 45 only, to be taught in public schools 45 ENUMERATION of children of school age in special districts 74 of children in district, by clerk, when to be made 45 copy of, to be filed in clerk's office and another sent county superin- tendent 45 EQUALIZATION of debts and property in special district 76 EXAMINATIONS AND CERTIFICATES question for examination of applicants for teachers' certificates 55 professional certificates, who entitled to 55 normal certificates, who entitled to 56 fee for issuing a certificate certificate, how revoked 56 examination of teachers by county superintendent 56 teachers' grades, how established 57 re-examination of papers by state superintendent, when allowed 57 qualification of teachers 57 fee for certificate certificate when revokable 58 in proceedings to revoke certificate, teacher given opportunity to make defense 58 examination for county certificates, when held 56 questions and rules for, prescribed by state superintendent 24 EXPENSES of state superintendent 25 of county institutes, how paid 61, 62 EXPERIMENT STATION (See Agricultural College.) FEE for examination for state certificate 56 for examination for county certificate 58 for re-examination by state superintendent 57 from examination, to be turned over to county treasurer for institute fund 27 FEES (See Salary and Fees.) 164 INDEX. FINES, FORFEITURES AND PENALTIES penalty for neglect of duty of school director, treasurer or clerk 65 penalty for false election returns 65 school officers not to be interested in contracts or speculate in school securities 65 use of school funds for private use an embezzlement 65 penalty for failure of treasurer to pay over 65, 66 penalty for failure to make proper indorsement on warrant as required of treasurer 66 penalty for false report by clerk or treasurer. '. 66 penalty for willful disturbance of public schools 66 proposals for contract, violation of a misdemeanor 66 penalty for violating compulsory attendance law 63,64 fines collected under article relating to compuJsory attendance to be paid into school fvmd 64 FLAGS purchase of by school board 91 FORM of notice of annual school district election 35 of oath, judges and clerks of election to take 36 of oath, directors and treasurer to take - - 37 of clerk's notice of tax levy 51 FORESTRY, SCHOOL OF where located 20 FORFEITURES (See Fines, Forfeitures and Penalties.) FREE TEXT BOOKS school board authorized to purchase, when 90 proposition submitted to voters at annual election 90 petition for vote to adopt - 90 FUEL to be supplied by district board 40 FURNITURE of school house, to be furnished by district board 40 GOVERNOR member of the board of university and school lands 16,119 to issue patents, when 129 ex-officio member board of directorsfor normal schools 101 GRADUATES of state university entitled to certificates, when 55, 56, 97, 98 HAY on rented school lands not to be cut before July 10 136 HEALTH AND DECENCY IN PUBLIC SCHOOLS duty of district boards and boards of education 93 HIGH SCHOOL to be maintained by special district .. how may be established in school districts... how much school session required in ... 44 HIGH SCHOOL BOARD of whom composed classification of high schools requirements for classification 92 INDEX. 165 HIGH SCHOOL BOARD Continued. high schools to be visited 92 members serve wi thou t compensation 92 discretionary powers of board 92 records to be kept 92 HOLIDAYS school not to be taught on 59 INDEPENDENT SCHOOL DISTRICTS organization on petition notice of election 81 ballots returns 81 board of education, how elected 82 date of election canvass, etc. 82 vacancies, how filled - 82 powersof board of education meetings 82,83 secretary and duties 83 levy of tax amount of tax limited 83,84 bonds, authority to issue 84 moneys, how paid out bond of treasurer 85 school funds, how kept 85 general powers of board... 85 non-resident pupils.. 87 title to school houses and sites 87 real property how conveyed 87 report of city treasurer 87 city council to pass certain ordinances 88 forfeit for failure to serve on board when elected 88 new district to assume debts of old district 88 method of disorganizing 89 INDUSTRIAL SCHOOL how located 20, 116 appointment of board duties bond 117 fund donations 117 building cost of 117 grantof site deed 118 INSTITUTE how noticed 60 penalty for failure to attend 60 county institute fund, how created 27, 61, 62 state institute fund 62 instit u te cond uctors 62 state institute fund, how paid out 62 appropriation for, by county commissioners 62 rules for, to be prescribed by state superintendent 24 conductors to be appointed by state superintendent 24, 62 state superintendent to assist at .' 25 INSTITUTE FUND how raised 27 INTEREST rate of, on bonds 67 rate of, on warrants 38,39 JUDGES OF ELECTION appointment of 35 JUDGMENT levy of tax to pay 51,52 l66 INDEX. LEASE of school lands, how executed 135 LEASING OF LANDS how to be provided for 17 for what purpose lands may be leased 17 advertised 133 how^leased 134 how conducted.. 134 adjournment of 134 approval of 135 LIBRARY appropriation for state educational library 91 for university 99 LIGNITE COAL public institutions to use 118 LIMIT of issue of bonds 67 of indebtedness 18 of tax levy that may be made 42 LOAN of muskets to university 99 MAPS to be furnished by district board 40 to be furnished to assessors by county superintendent of schools MAXIMUM TAX LEVY for final judgment 51,52 to pay equalized indebtedness . 52 for all school purposes 7 . 50 MEETINGS county superintendent to arrange for, with school officers of board of education in special districts.- - 72 of district school board 37 of state superintendent with county superintendents 24 MILEAGE of "county superintendent - - 29 MORAL INSTRUCTION to be given all pupils - 61 NAME of school district - 32 of special district '. 71 NEGOTIATION of bonds, how may be made - 69 NEW DISTRICTS how formed 31 NORMAL CERTIFICATES ._ ._*_ 56 NORMAL SCHOOL BOARDS state superintendent of public instruction ex-officio member of 23 INDEX. 167 NORMAL SCHOOLS location - - 19,20, 101 endowment -- - 101 land grant 11, 19,20 government and management - 101 board of trustees 101 meetings of board officers . 102 compensation - 102 funds, how kept 102 accounts, how audited and paid .. 102 courseof study '. 102 direction of expenditures. 102, 103 powers and duties of board of management.. 103 report 103 employment of faculty 103 faculty, dutiesof 103 duty of principal ... . 103 reports 104 diplomas state certificates, etc 104 NOTICE of election to vote bonds 67 of election in special districts.. 78 of annual district election 35 of tax levy, to be sent county auditor by district clerk 42 of election, to vote upon erection or removal of a school house 42 of tax levy, by clerk 51 OATH county superintendent has power to administer 27 of office, to betaken by members of board of education 78,111 to be taken by judges and clerks of election 36 judges and clerks of election, have power to administer, when 36 of office, to be taken by directors and treasurer 37 of district officers, where to be filed 39 OFFICE of state superintendent, where to be held 13 of county superintendent to be provided by county commissioners 28 expenses of, to be paid by county 28, 29 OFFICERS (See District School Officers.) ORAL INSTRUCTION to be given in physiology and hygiene, and effects of alcoholic drinks.. 60 ORGANIZATION of new school district, how made 31 of special district 70 of board of education 72 of district school boards, how effected 37 of schools, by district board 40,43 PENALTY for failure of treasurer to give additional bonds 38 for failure to make proper indorsement on unpaid warrants .66 for willful disturbance of public schools 66 for not sending children to school 63, 64 president of board, for not prosecuting 64 for employing any children between 8 and 14 years of age 64 of school officers for neglect of duty 65 for false election returns.. 65 168 INDEX. PENALTY Continued. of treasurer for failure to pay over funds 65, 66 for removing school house furniture 42 for trespass upon school lands r 136 (See Fines, Forfeitures and Penalties.) PERMANENT SCHOOL FUND what constitutes permanent school fund. 9,10, 15 to remain inviolate 15 state to make good losses of 15 interest and income of, to be apportioned to common schools. 15, 16 how to be invested 18 PETITION of one-third of voters required to call meeting to vote bonds-.. 67 of residents fora new school district , 30, 31 for special district _. 71 for the erection of a school house 42 fora school, by parents or guardians 43 for vote to adopt free textbooks 90 PHYSIOLOGY AND HYGIENE to be taught to all pupils : 60 PLATS of county to be made by county auditor 34 POLLING PLACES how established - - 35 when open 35 POWERS, RIGHTS AND DUTIES of school corporations 34 of special districts 71 of board of education in special districts 73 of district board to furnish schools 40 of district board to furnish supplies to schools 40 of district board to employ teachers 41 of district to admit pupils from other districts 41 of district board to make rules 41 of district board to determine branches of study 41 of district board to levy tax 42 of district board to have charge of school house 42 PROFESSIONAL CERTIFICATE 55 PROPERTY minimum of in school district 31 subject to taxation in special districts. ... 75 PUBLIC INSTITUTIONS location of - -- 19 grantsof land to 19,20 similar ones not to be located, except by revision of constitution 20 PUBLIC LANDS proceeds from sale of, to make permanent school fund 15 PUBLIC SCHOOLS to be provided to be open to all children to be free from sectarian control ....,,,.., 9 INDEX. 169 PUBLIC SCHOOLS-Continued. provision to be made for, by legislative assembly 15 to be free from the primary to the collegiate course 15 what instruction to be given in 15 PUPILS when may be suspended.. 41,60 assignmentof studies to - 60 may be sent to a school out of the district, when 41 QUALIFICATIONS of state superintendent 13, 23 of county superintendent 29 of voters and school officers 35 of teachers 57, 58 QUESTIONS for examinations, prepared by state superintendent 24, 55 QUORUM of board of education in special districts 72 of district school board, necessary for transaction of business 37 READING CIRCLES fee for professional and normal certificates, to be used for 56 duties of county superintendent in relation thereto 26,27 REAL PROPERTY of school district, how chosen and obtained... 42,43 RECORD of bonds to be kept by clerk 67 of cancelled bonds to be kept by clerk 69 of visits to schools, and all official acts to be kept by county super- intendent..-- 26,27 RECORDS to be preserved and open to inspection 45 to be kept in English language 45 to be preserved by state superintendent 23 to be kept by county superintendent .- o27 REGISTERS to be furnished by state department 24,40 teachers to keep .- 59 RENT of school lands, how paid 134, 135 REPAIRS of school houses to be made by district board 40 REPORT teacher to make, in duplicate, at end of term 59 teacher's, one copy be filed with district clerk, one to be sent to county superintendent 59 county superintendent to make to state superintendent, when 28 clerk of board of education to make, of enumerat ion 45 to be made by special districts, when 74 clerk of district to make to county superintendent annually 45 clerk's annual to be examined by district board 45 copies of district clerk's to be filed in his office and another to be sent to county superintendent - 45 to be preserved for examination, how.-- 45 state superintendent to make, when 25 of state superintendent, to be printed, when, and distributed, how 25 of district treasurer, when to be made 48, 49 county superintendent to report institute fund on hand 61 RETURNS how canvassed in special districts 77 of votes at annual elections, how made 36 S. L. 13. INDEX. REVOCATION of state certificate 56 of county certificate 58 when county superintendent should revoke certificate 28 RIGHTS (See Powers, Rights and Duties.) RULES board to assist teacher in making 41 pertaining to appeals to be prescribed by state superintendent of public instruction 24 for management of academy of science. 106 for management of agricultural college 109 SALARY AND FEES of state superintendent 13,25 of county superintendent 28, 29 of county superintendent in leasing and sale of school lands 28 of school directors 37 of district olerk 37 of school treasurer.. 39 for leasing school lands 124, 126 SALE OF SCHOOL LANDS how made 124, 125 lands to be designated for 124 hours for 124 terms of 125 expenses, how paid. J22 advertisement of 124 when void.... 126,128 SATURDAY teacher not to be permitted to teach on 59 SCHOOLS management of, by district board 40 to be established by district board 40 who may be employed to teach in 41 when pupils may be suspended from 41 pupils from other districts may be admitted to, when 41 what branches of study to be taught in 41, 60 when new schools must be organized 43 terms of, how arranged additional terms, when allowed... 43,44 when may be discontinued 43, 44 general supervision of, by state superintendent ^. 23 supervision of by county superintendent 26 (See Public Schools and Common Schools.) SCHOOL AGE what is 63 SCHOOL BOARD (See District School Board.) SCHOOL CALENDAR 148 SCHOOL DISTRICTS what shal 1 constitute district school corporation 30 boundaries of school district to conform with civil township, where possible - - 30 what territory may be organized into district school corporations 30, 31 new school districts, how formed 31 when school districts may be divided and attached to other districts 31 how district system may be changed to township, when 31 parts of three or more districts may be consolidated into a separate school district.. 31 INDEX. SCHOOL DISTRICTS-Continued. when oivil township may consolidate into school district 32 name of school district 32 boundaries of district (in district counties), how to be arranged and established 32, Si boundaries, how changed in future 33 rights and powers of school corporations 34 plats of school districts to be flled 34 state tuition fund to be apportioned to, how 48 bonds, how may be issued.. 66, 67 prohibited from making certain gifts and loans 19 SCHOOL FUNDS state tuition fund, how raised.. 46 county treasurer to report to state auditor 4(5 state superintendent to apportion state tuition fund to counties 46 funds defined 47 funds controlled and paid out by district treasurer 47 county treasurer to furnish state auditor statement 47 apportionment of funds by county superintendent 48 treasurer's accounts, how kept 47,48 county treasurer to pay over funds to district treasurer, when 49 to keep account with school corporation 50 not to be loaned or used for any private purpose 65 permanent school fund. 9, 10, 15, 46 SCHOOL HOUSES proposals for building 69 bonds may be voted to meet indebtedness for 70 when may be used for other than school purposes 42 sites for, how selected and obtained 42, 43 when may be built . 42 when may be moved 42 SCHOOL LANDS how may be sold and leased : * 9, 10, 15 to be disposed of as legislature provides 11 terms on which to be sold. 16 when to be subject to taxation 17 how to be advertised for sale 17 patent for, when to issue 17 when may be sold 17 claims for improvements on, not to be recognized 18 (See University and School Lands.) (See Trespass upon School Lands.) SCHOOL LIBRARY (See Library.) SCHOOL LAW when to be printed.. 24 SCHOOL OF MINES lands granted for 11, 19 where located 19 SCHOOL WEEK defined 59 SCHOOL YEAR defined 59 SEAL state superintendent to have 24 SECRETARY OF STATE member of board of university and school lands 16,119 1 72 INDEX. SECTARIAN Bible not deemed reading of optional with pupil 61 public schools to be free from the control of 9,15 schools not to receive public money 15 schools not to receive proceeds of sale of lands. 10 SETTLEMENT district board to make annually with treasurer 48,49 SITE for school house, how selected 42 may be taken without consent of owner, how.- ..,.. 43 SPECIAL DISTRICTS entitled to proportion state tuition fund 48 what cities governed by the provisions ol 70 how organ ized 71 election of board of education .. 72 terms of office of board, quorum 72 meetings of board 72 members not to be interested in school contracts 72 annual and special meetings of the board. 72 organization of the board 72 duties of president 72 duties of clerk 73 powersand dutiesof board 73 board to make reports. 74 moneys to be paid over to treasurer of district 74 supei vision of schools of special district 74 taxable property 75 annual school tax levy, to be made by board of education 75 expenditures contracts, how to be made.. 75 treasurer of district, who shall be 75 duties of treasurer, bond required of 75 equalization of school debts and property 76 when special district may dissolve 76 election of boards of education in special districts 76 when adjacent territory may be added to special district 70 name and power of special district 71 conveyance of property to, how 71 notice of election, precincts canvass of returns, how made.. 77 certificates of election 77 vacancies, how filled oath .-.. 78 bonds, how and when maybe issued 78 bond election, what bonds to specify . - - 78, 79 tax levy for interest and sinking fund 79 investment of sinking fund interest of bonds, how paid security for bonds, what. 79 bond register - 80 power of board to issue bonds to refund outstanding bonds 80 unused funds may be transferred .".. 80 (See Independent School Districts.) SPECIAL LAWS passage of by legislature prohibited 13 what special laws in force and effect. . 139 SPECIAL MEETINGS of board of education in special districts SPECULATION in office prohibited - 140 INDEX. 173 STATE AUDITOR member of the board of university and school lands Hi, u< to certify state tuition fund to state superintendent 40 to pay bills of institute conductors, when 62 to issue warrants for expenses of board of university and school land - . . 122, 138 STATE'S ATTORNEYS to report trespassers upon school lands and prosecute same 137 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION (See Superintendent of Public Instruction.) STATE TREASURER to demand of county treasurers state tuition fund 46 to forward apportionment of state tuition fund to county treasurers 46, 47 duties of, in relation to state tuition fund 46, 47 member of board of trustees -.. : 105 custodian of funds for academy of science 107 custodian of funds derived from sale and lease of university and school lands 121 duties of, in relation to funds of normal schools 102 STATE TUITION FUND how acquired .15, 16, 46 to be apportioned to common schools. -.. 16 special districts entitled to their proportion of 48 how apportioned 46, 48 amount in county treasury to be reported to state auditor 46 defined . 47 certain taxes to be added to 51 to be used only in payment of teachers' wages 47 in case insufficient to pay teachers' wages 47 in case more than sufficient to pay teachers' wages 47 SUPERINTENDENT OF PUBLIC INSTRUCTION election, qualification, term of office 13,23 to preserve miscellaneous document^ 23 ex-officio member of the board of university and school lands.. 23, 119 ex-officio member state normal school boards 23 to furnish school supplies. 23 to prepare teachers' certificates, questions for examination, etc 24 to prepare and prescribe course of study for public schools 24 to prescribe rules for teachers' institutes, appoint conductors, etc 24 to advise county superintendents, decide appeals, etc 24 record of official acts 24 school laws to be printed 24 conference with county superintendents 24 seal 24 to assist at teachers' institutes. 25 biennial report, what to contain, number and distribution of.. 25 salary and traveling expenses 25 duties in relation to plats of school districts 34 vacancy, how filled 53 to prepare examination questions 55 re-examination of papers of applicants for county certificates, when 57 duties of, in relation to institutes.. 61, 62 to apportion state tuition fund to counties 46 to apportion expenses of county conductors of institutes 61 ex-officio member of board of directors for normal schools 101 office of^where to be held 13 salary of 13,25 to furnish registers and blanks 40 to approve bills of institute conductors, when 62 to prescribe rules and regulations pertaining to appeals. .. 24 member of board of trustees 105 secretary of board of university and school lands 23, 119 174 INDEX. SUPERINTENDENT OF SCHOOLS (See County Superintendent of Schools.) SUPREME COURT (See Decisions of Supreme Court.) SUSPENSION OF PUPILS when may be allowed 41, 60 TAXES school taxes, how and when collected 50, 51 levy to be made by school board 42, 50 notice of levy to be sent to county auditor by district clerk 51 county auditor's duty in relation thereto 51 how levied... 51 maximum levy for final judgment, taxes to be uniform 51 statement of assessed valuation, to be made by assessor 52 adjustment of indebtedness of district in case of illegal board, or of failure to elect board 52 equalization to be arrived at by arbitration 54 to equalize and pay previous debt 54 maximum tax for all sch ol purposes 55 to meet indebtedness, to be assessed before debt incurred 19 in special district, annual levy of, to be made by board 75 to be levied by school board, when. 42 may be levied by board in independent school districts 83, 84 TAXATION when school lands to be subject to 17, 130 TEACHERS duty of in relation to reading circles' 26, 27 examination for professional or normal certificate 55, 56 examination for county certificate 56 qualifications of. 57,58 residence and citizenship 58 given opportunity to make defense in proceedings to revoke certificate 58 to give notice of opening and closing school 59 not entitled to compensation when teaching without a certificate 59 may teach six weeks after certificate has expired by its own limitation 59 to keep a register and make report at close of term 59 last month's wages not to be paid until term report is made 59 required to attend county institute 60 how employed - 41 contract with, to be in writing.. 41 when may be dismissed ---- 41 relatives of board ineligible in certain cities - 89 (See Duties of Teachers.) TERM OF OFFICE of county superintendent - of board of education in special districts of directors. 34 of district treasurer 34 of superintendent of public instruction 23 TERMS OF SCHOOL length required .- additional time, when allowed - 44 TEXT BOOKS (See Free Text Books.) TIMBER on school lands, not to be destroyed - 135 INDEX. 175 TOWN OR VILLAGE how may be consolidated into one district 31 TREASURER (See District Treasurer.) TREASURER OF SPECIAL DISTRICT to receive moneys belonging to the district - 74 who shall be 75 duties of 75 required to give bond... - 75 TREASURER OF INDEPENDENT DISTRICTS custodian of moneys, and general duties 85 bond... 85 TRESPASS UPON SCHOOL LANDS penalty for ... . 136,137 who held to be guilty of - 136 duties of state's attorneys 137 duty of attorney general 137 property to be seized... 137 defense and suits 137 damages* for 137 UNCULTIVATED LANDS not to be broken by lessee 135 UNIVERSITY AND SCHOOL LANDS, LEASE AND SALE OF board of, how constituted 119 authority 120 meetings of board 120 authority to invest funds ? 120 records of 121 state treasurer custodian of funds 121 state treasurer to collect moneys... 121 term "of office of commissioner 122 appraisal for sale 123 selecting for sale 124 advertisement of.. 124 manner of 124 terms of 125 adjournment of . ... 125 withdrawn lands 125 approval of sale 125, 126 execution of contracts of 126 void sales 126,128 surveys of 126 subdivision into small tracts 127 new appraisal 127 map of 127 contract, effect of 127 assignee of purchasers 127 sale void on failure to pay interest, principal or taxes 128 redemption before re-sale 128 fee in state until patents are issued 129 reconveyance to United States 129 patents, when to Issue 129 patents to be recorded 130 taxation of lands sold 130 duty of county auditor 130, 131 duty of county treasurer.. 130,131 commissioner to furnish county treasurer with list of lands sold 131 township assessors to examine lands : 132 176 INDEX. UNIVERSITY AND SCHOOL LANDS, LEASE AND SALE OF Continued. quantity of lands to be sold.. . _. i32 subject to lease 132 appraisement for lease 132 selection of lands for lease 133 advertisement for lease.- .- 133 manner of leasing 134 deposit by bidders, forfeit on failure to pay 134 adjournment of lease 134 approval of lease and execution of contract for 135 lessee not to destroj' timber 135 lessee not to break uncultivated lands. 135 hay not to be cut before July 10th 136 perm its to cut hay and to remove dead and down timber.. 136 board to appoint agents 136 civil action for trespass 136 willful trespass 136 penalty for trespass 136 defense and suits 137 expenses for advertising for lease and sale... 137 appropriation for expenses of board... 138 UNIVERSITY OF NORTH DAKOTA where located 19,94 lands granted for 10,11 board of trustees, how appointed 94 powers and duties meetings. 94,95 report powers of trustees 95, 96 powers of president and faculty 96 object and departments of university 96 course of instruction 97 pupils who may become 97 tuition fees... 98 compensation of trustees 98 law library for 99 loan of muskets for 99 Scandinavian language taught 97 VACANCIES in office of superintendent of public instruction, how filled 53 county superintendent, how filled 53 director, how filled - 53 district treasurer, how filled 38,53 district clerk, how filled in board of education, iu special districts, how filled 78 in treasurer's office, when 38 VISITATION OF SCHOOLS by county superintendent by members of board of education, in independent districts 86 VOTES how canvassed at annual election WARRANTS when properly drawn/to be paid by treasurer to be endorsed, how when not paid what to specify 39 WOMEN entitled to vote, when qualified to vote and hold school office - 35 THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO SO CENTS ON THE FOURTH DAY AND TO $1.OO ON THE SEVENTH DAY OVERDUE. JUL 22 '9: LD 21-100m-8,'34 YC 06578 3G5406 UNIVERSITY OF CALIFORNIA LIBRARY