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 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY 
 
 151 v^B 
 
 ^•SOl^ 
 
 -^^OJITVDJO-
 
 6l.o. Uu75, 5hUh^,e^c. 
 
 \^^ 
 
 OHIO SCHOOL LAWS: 
 
 ACCOM PAXIED WITH 
 
 OPINIONS, INSTRUCTIONS; 
 
 AND 
 
 BLANK FORMS 
 
 FOR THE USE AND 
 
 GOVERNMENT OF SCHOOL OFFICERS. 
 
 PREPARED BY 
 
 THE STATE COMMISSIONER OF COMMON SCHOOLS. 
 
 FOURTH EDITION, 1865. 
 
 COLUMBUS: 
 RICHAKD NEYINS, STATE PRINTER. 
 
 1865.
 
 5 
 0h>o45s 
 
 W5 
 
 A copy of this volume will be furnished to the Clerk and Treasurer of 
 each Board of Education, the Clerk of each Sub-district, the Clerk of 
 each Board of School Examiners, and to each County Officer having 
 duties to discharge under the school law, to be used by him during his 
 term of office, and at the expiration thereof, to be delivered to his 
 successor.
 
 PREFACE. 
 
 Office of State CoMMissioisrER of Common Schools, 
 Columbus, Ohio, Nov. 9, 1865. 
 
 This edition of the School Laws of the State has been prepared in 
 obedience to the requirements of the statute defining the duties of the 
 State Commissioner of Common Schools, as follows : 
 
 Sec. 53. He shall prescribe suitable forms and regulations for making 
 all reports and conducting all necessary proceedings under this act, and 
 shall cause the same, with such instructions as he shall deem necessary • 
 and i)r()[)er for the organization and government of schools, to be trans- 
 mitted to the local school officers, tvho shall be governed in accordance 
 thereivith. 
 
 Sec. 54. He shall cause as many copies of the laws relating to schools 
 and teachers' institutes, Avith an appendix of appropriate forms and in- 
 structious for carrying into execution all such laws, to be printed in a 
 sei)arate volume, and distributed to each county with the laws, journals, 
 and other documents for the use of the school officers therein, as often 
 after the first distribution as any change in said laws may be made, of 
 sufficient importance, in the opinion of the commissioner, to require a 
 republication and distribution thereof. 
 
 The numerous and important amendments to the school law enacted 
 by the last General Assembly, called for a speedy republication of the 
 same, but by inserting the amendatory act of 18G4 in the Commissioner's 
 tenth annual report, and the act of 18G5 in his annual circular to boards 
 of education, the issuing of a revised edition of the school laws was 
 temporarily deferred. For several montlis i)ast, the calls for a new edition 
 have been frequent and urgent, and school officers have evidently expe- 
 rienced much inconvenience from the want of it. But inasmuch as it 
 seemed very desirable to accompany the school laws, when republished, 
 with thoroughly revised forms and instructions, the Commissioner felt 
 justified in waiting for a little more experience in the office, and a con- 
 sequent more intimate acquaintance with the numerous difficulties expe- 
 rienced by school officers in the discharge of their duties. Besides, the 
 preparation of the volume has involved a large amount of time and labor.
 
 It will be observed that tbe laws are published in a codified form, each 
 section being published as amended, with references to the volume and 
 page of the statutes where the amendatory act may be found, and all 
 supplementary acts and sections being arranged and numbered as sup- 
 plemental sections. Acts amending sections not repealed, are printed on 
 the same page, but in smaller type. All general school laws are, by this 
 arrangement, iiresented as one general act, thus securing great facility of 
 reference and an easy acquirement of a knowledge of all statutory provis- 
 ions relating to a given duty. 
 
 In the preparation of the explanations, opinions and instructions which 
 accompany the various sections of the general school law, the Commis- 
 sioner has aimed to anticipate and prevent most of the cases of difficulty 
 which might otherwise arise in its administration. The opinions relating 
 to the proper interpretation of the law, will be found to contain a com- 
 plete digest of nearly all the hitherto published opinions of the several 
 Commissioners which have not been rendered inapplicable by subsequent 
 changes in the law. In most instances, however, such opinions have been 
 entirely rewritten, with a view of making them as brief and general as 
 possible. The aim has been to make each explanation and opinion as 
 definite and, at the same time, as widely applicable as possible. In cases 
 of doubtful construction, the Attorney General has been consulted. When- 
 ever the provisions of a section are modified or explained by another 
 section or by an amendatory or supplementary act, reference is made to 
 such section or act. 
 
 The blank forms in the appendix have been thoroughly revised and, 
 it is believed, greatly improved. Several important forms are inserted 
 which are not found in previous editions of the school laws. Special 
 attention is called to the blank forms for the annual returns of school 
 statistics, and also to the various forms for keeping the necessary accounts 
 and records of various school officers. The blank forms for the teacher's 
 daily register, and for the term report of school required by law, have 
 been made as plain and simj)le as possible. 
 
 In the hope that the instructions and forms contained in this volume 
 may prove of great assistance to school officers and teachers, they are 
 hereby submitted to them for their official guidance and direction. 
 
 E. E. WHITE, 
 
 Commissioner of Common /Schools.
 
 SCHOOL LA¥S OF OHIO. 
 
 CONSTITUTION. 
 
 ARTICLE VI.— EDUCATION. 
 
 Sec. 1. The principal of all funds, arising from the sale, or other 
 disposition of lands, or other property, granted or intrusted to this 
 State for educational and religious puiposes, shall forever be preserved 
 inviolate, and undiminished ; and the income arising therefrom, shall 
 he faithfully applied to the specific objects of the original grants, or 
 appropriations. 
 
 Sec. 2. llie General Assembly shall make such provisions, by 
 taxation, or otherwise, as, with the income arising from the school 
 trust fund, will secure A thorough and efficient system of 
 COMMON SCHOOLS THROUGHOUT THE State ; but no religious, or 
 other sect or sects, shall ever have any exclusive right to, or control of, 
 any part of the school funds of this State. 
 
 CHAPTER I. 
 
 GENERAL SCnOOL LAW. 
 
 Aq Act to provide for the reorefanization. Rupervision and maintenacce of 
 
 Coramoa Schools. 
 
 [Passed March 14, 1853. 51 vol. Stat. 429.] 
 
 Section I. Be it enacted by the General Assembly of the Each township 
 State of Ohio, That hereafter each and every organized a school dis- 
 township in the state shall compose but one school district *"*^'' 
 for all purposes connected with the general interests of 
 education in the township, and shall be confided to the 
 
 OPINIONS AND INSTRUCTIONS. 
 
 1. School District. — The term " school district " used in the 
 school laws of this State, applies (1) to an organized township which 
 is, by this section, created a school district ; and (2) to any city or in- 
 corporated village which, with the territory annexed thereto for school 
 purposes, has a board of education and a school organization separate 
 from, and independent of, the township in which such city or village
 
 6 
 
 Township 
 Ijoard ot edu- 
 cation. 
 
 Former dif?- 
 tricts called 
 suVdistricts. 
 
 Local direct- 
 ors in sub-dis- 
 tricts. 
 
 Separate or 
 ppecial school 
 districts. 
 
 management and control of a board of education, and the 
 several school districts, or fractional parts thereof, which 
 now are or may hereafter be established in the several 
 organized townships of the state, shall be regarded as sub- 
 districts, and be confided to the management and control 
 of local directors, as hereinafter provided; but nothing 
 contained in this act shall be so construed as to give to 
 the township board of education, or to local directors in 
 sub-districts, jurisdiction over any territory in the town- 
 ship included within the limits of any city or incorpo- 
 rated village, with the territory annexed thereto for school 
 purposes, which shall elect or appoint a board of educa- 
 tion as hereinafter provided, or which now is or may 
 hereafter be governed, as to schools, by any special or 
 other act, specified in the sixty-seventh sectiou of this act. 
 
 When, where 
 and how di- 
 rectors are 
 elected. 
 
 ELECTION OF LOCAL DIRECTORS. 
 
 Sec. II. On the second Monday of April, in the year 
 eighteen hundred and hfty-three, there shall be held, at 
 the usual hour and place of holding district meetings in 
 each of the sub-districts of the several townships of the 
 state, a school meeting of the qualified voters resident 
 within the sub-district, and having the qualifications of 
 
 may be situated. By section 32, a city or incorporated village or- 
 ganized as a school district under the general school law, is called a 
 " separate school district ;" and by section 67, a school district organ- 
 ized under any special law, is called a " special school district." This 
 distinction is not, however, preserved in other sections and acts, the 
 terms " separate" and " special" being used indiscriminately to denote 
 any school district other than a township, whether organized under a 
 general or special law. 
 
 The term " sub-district" is used almost exclusively to denote the 
 subdivisions of a township, organized for school purposes and confided 
 to the management and control of local directiors. By section 16, a 
 sub-district composed of parts of two or more townships is called a 
 "joint sub-district." The term "fractional sub-district" is sometimes 
 applied to a joint sub-district ; but the several fractional parts of a 
 joint sub-district have no separate organization. They together form 
 but one sub-district. 
 
 Section II. 
 
 2. Time and Place of Election. — A school meeting for the 
 election of directors must always be held at the usual hour of holding 
 such meetings, except when the local directors, as provided in the 
 last clause of section 2, designate a specific hour by posting up written
 
 voters at the state and county elections, who, when as- 
 sembled, shall organize by the appointment of a chairman 
 and secretary, and proceed to elect, by ballot, three school 
 directors for such sub-district. Of those so elected, the Term of office 
 person receiving the highest number of votes shall hold 
 his office for thre^ years ; the person receiving the next —How deter- 
 highest number, shall hold the office for two years; and "jy^jf^^* -^"'^ 
 the person receiving the next highest number, shall hold 
 the office for one year ; and each shall continue in office 
 until his successor is elected and qualified. In case two Tie vote at 
 or more persons so elected have received an equal number fi^*'' election 
 of votes, the duration of their respective terms of office 
 shall be determined by lot, in the presence of the chair- 
 man and secretary of the meeting ; and annually there- 
 after, in the same manner, on the second Monday in April, 
 there shall be elected in each sub-district of the proper 
 township, one school director for the term of three years; 
 and the minutes of the proceedings of any such district 
 meeting shall be signed by the chairman and secretary, Minutes of the 
 and delivered to the directors who shall have been elected meeting. 
 as aforesaid, to be recorded by the clerk in the records of _cierk to re- 
 the sub-district, and the said clerk of the sub-district shall cord and cer- 
 forthwith certify to the township clerk the names of the ^''^' 
 
 notices. If any thing prevents the holding of the meeting at the 
 usual place, the local directors should appoint another place of meet- 
 ing, and cause notices thereof to be posted up, as is provided in case 
 a specific hour of meeting is appointed. 
 
 3. Term of Office. — The following provision of this section, viz: 
 " of those so elected, the person receiving the highest number of votes 
 shall hold his office for three years ; the person receiving the next 
 highest number, shall hold the office for two years ; and the person 
 receiving the next highest number, shall hold the office for one year " 
 — was intended to apply only to the first election held under the law. 
 When a vacancy occurrs in the office of director by death, resig- 
 nation, or otherwise, making it necessary to elect two directors at 
 a school meeting, each voter should designate on his ballot which of 
 the persons voted for is to serve three years, and which is to fill the 
 vacancy aforesaid. See section 3. 
 
 4. Tie Vote. — The provision for casting lots, " in case of two or 
 more persons elected have received an equal number of votes," ap- 
 plied only to i\iG. first election under the law, and related, not to the 
 election of directors, but to the duration of the official term of those 
 already elected. A tie vote at a school election is a failure to 
 elect. Whenever two persons receive an equal number of votes, 
 another ballot should be taken, either at the time or at an adjourned
 
 8 
 
 Specific hour 
 of holding 
 election. . 
 
 local directors so elected, specifying the term for which 
 each was elected. If the directors of any sub-district, so 
 elected, shall deem it expedient, they may designate the 
 specific hour of the day on which the annual election for 
 such sub-district shall be held, and in such case shall cause 
 Five days' no- five days' notice thereof, in writing, to be posted up in 
 three of the most public places in such sub-district. 
 
 tice to be 
 giveu 
 
 64 Stat. 236, Sec. 1.] 
 
 within five days 
 
 [As amended April 17, 1857. 
 
 Official oath. Sec. III. The said directors, within five days after 
 their election, shall take an oath or aflirmation to support 
 the constitution of the United States, and of the state of 
 Ohio, and faithfully and impartially to discharge the du- 
 ties of their office ; which said oath the directors are au- 
 
 meeting. Successive ballots may be taken at a school meeting, if 
 necessary to effect a choice of director. 
 
 5. Election of Directors in New Sub-Districts. — When a 
 new sub-district is formed, as prescribed in section 14, the township 
 board of education should cause to be posted up, in three of the most 
 public places of such sub-district, a notice in writing, describing such 
 sub-district, and appointing a time and place for the first meeting of 
 the qualified voters thereof, to elect, by ballot, three school directors. 
 If the board fail to call such meeting, any three qualified voters resi- 
 dent within such sub-district, may call a meeting to elect directors by 
 posting up, in connection with the written notice of the meeting, a 
 certificate from the township clerk showing the action of the board 
 of education in forming the new sub-district, and describing the boun- 
 daries thereof. 
 
 The mode of determining the respective terms of ofRce of the 
 directors of such new sub-district, must be the same as prescribed in 
 section 2 for the first election of local dii'ectors under the present 
 school law. 
 
 6. Election of Directors in Joint Sub-Districts. — All the 
 qualified voters resident within a joint sub-district are entitled to vote 
 at school elections, and persons residing in any part of such joint sub- 
 district may be elected to the office of director. The clerk of (he board 
 of local directors is a member of the board of education of the town- 
 ship in which the school is situated, whether such clerk resides in the 
 same or another township. Section 16, as amended March 28, 1865. 
 The first meeting for the election of local directors in a new joint 
 sub-district, should be called by the board of education having control 
 of the school, in the manner prescribed above for the first election in 
 a new sub-district. ,
 
 thorized to administer to each other. And in case a 
 vacancy shall occur in the office of director, by death, Vacancy, how- 
 resignation, refusal to serve, or otherwise, it shall be the ^l^^'^- 
 duty of the township clerk to fill such vacancy within ten 
 days after being informed thereof, by the appointment of 
 some suitable person, wdio shall hold his office until the 
 time of the next annual meeting, when a director shall be ^iJJ^Q^/next 
 elected for the remainder, if any, of the unexpired term, election, 
 in the manner prescribed in section two. 
 
 \_As amended April 17, 1857. 54 Slat. 236, Sec 2.] 
 
 Sec. IV. If the qualified voters of any sub-district Special meet- 
 shall fail to meet and elect school directors, as prescribed i1fegt(Js^,°*^ 
 in sections two and three, it shall be lawful for any three 
 qualified voters of such sub-district to call a special meet- 
 ing of the voters of such sub-district, for the purpose of 
 electing directors, on first giving five days' notice, in wri- 
 ting, of the time and place of holding such meeting, by 
 posting the same in three of the most public places in such 
 sub-district; and the directors so elected at such special Terms of of- 
 meeting shall hold their offices for the unexpired term nce. 
 which they were respectively elected to fill. 
 
 Sections III and 1 V. 
 
 7. Oath of Office. — In case the person elected to the office of 
 local director fails to qualify by taking the oath prescribed in section 
 3, the incumbent must continue to serve as if no election had been held. 
 The vacancies to be filled by the township clerk are those occasioned 
 by death, resignation, refusal or incapacity to serve, or removal from 
 the sub-district. When the director elected fails to qualify, a special 
 meeting to elect another person to the office may be called as pre- 
 scribed in section 4. A failure to meet and elect a local director doea 
 not create a vacancy in the office unless the incumbent resigns or re- 
 fuses to serve longer. 
 
 8. Appointment of Director. — The township clerk has author- 
 ity to appoint a local director only when an actual vacancy exists in 
 the office. "When the qualified voters fail to meet and elect a direc- 
 tor, or when the person elected to the office fails to take the required 
 oath, no appointment can be legally made unless the incumbent re- 
 signs or refuses to serve " until his successor is elected and qualijied" 
 And in case of such resignation or refusal to serve, the township clerk 
 should wait a reasonable time for a special meeting of the qualified 
 voters to be called, before proceeding to fill the vacancy by appoint- 
 ment. It is evident from the provisions contained in the second, third
 
 10 
 
 How directorg 
 are to orgai -J 
 ize. 
 
 Clerk of sub- 
 district — du- 
 ties of. 
 
 All business 
 to be trans- 
 acted at meet- 
 ings. 
 
 APPOINTMENT OF CLERK — MEETINGS. 
 
 Sec. V. It shall be the duty of the directors, any two 
 of whom shall constitute a quorum, to meet as soon as 
 practicable after having been elected and qualified, at 
 such place as may be most convenient in the sub-district, 
 and organize by appointing one of their number clerk of 
 the sub-district, who shall preside at the official meetings 
 of the directors, and record their proceedings in a book 
 provided for the purpose, together with the minutes of 
 the proceedings of the annual school meetings held in the 
 sub-district, by the qualified voters thereof, which shall 
 be a public record ; and all such proceedings, when so re- 
 corded, shall be signed by the clerk of the proper sub- 
 district. The directors may meet as frequently as they 
 may think necessary for the transaction of business, and 
 fill any vacancies in the office of clerk which may occur 
 in the sub-district ; or, in case of his absence, either of the 
 other directors may officiate temporarily in his place. 
 
 and fourth sections of the school law, that it was not the design of the 
 Legislature to deprive the electors in a sub-district of the privilege of 
 electing at least one local director annually. 
 
 Section V. 
 
 9. Clerk's term of Office. — The clerk of a sub-district holds 
 his office, not during his continuation in the office of director, but for 
 one year or until his successor be appointed. The board of local di- 
 rectors should reorganize annually, at their first meeting after the 
 annual school election. 
 
 10. Transaction op Business. — All business, including the 
 employment or dismissal of teachers, must be transacted by the direc- 
 tors at a meeting ; and two directors can do no legal act at a meeting 
 in the absence of the other director, unless the absent director re- 
 ceived notice of the time and place (if an unusual one) of such meet- 
 ing.* Two directors may, however, transact business at an adjourned 
 meeting, or at a meeting the time of which has been fixed by the 
 directors, without each director receiving special notice of the meet- 
 ing. A* any meeting, legally held, the directors may authorize one 
 of their number to employ a teacher or to transact other business. 
 
 * All business should be done at formal meetings and the proceedings re- 
 cord' d; and although two directors may transact business, it must be at a meet- 
 ing. * * But in order to enable two directors to act in the absence of the 
 other, they must have notified the other director of the meeting, either by a 
 personal notice of the time and place of the meeting or by heaving a written 
 notice thereof at his residence. 3Iartha Hale vs. Sub-School District No. 12, of 
 Euclid township. Cuyahoga Common Pleas, February Term. 1860.
 
 11 
 
 DUTIES OF LOCAL DIRECTORS. 
 
 Sec. VI. It shall be the duty of the school directors, Their duties, 
 in each sub-district, to take the mauagement and control 
 
 of its local interests and affairs, to employ teachers, to To certify to 
 
 certify the amount due them for services to the township township 
 
 Section VI. 
 
 11. Authority of Local Directors — The management and 
 control of the local school interests of a sub-district, committed to 
 local directors, must be exercised under and in obedience to the rules 
 and regulations of the township board of education. See sections 13 
 and 17. In case the township board have failed to prescribe rules, 
 or in case the rules of the board do not relate to the matter in hand, 
 the local directors should exercise such control and adopt such rules 
 as may be necessary for the good of the school and as may be con- 
 sistent with the provisions of the law. 
 
 12. Studies and School-books. — The authority to determine 
 the studies to be pursued and the text-books to be used in the schools 
 under their control, is vested, by section 17, in the township board of 
 education ; but if the board fail to perform this duty, the local direc- 
 tors may take such action as the good of the schools may make neces- 
 sary. They may secure the use of but one series of books in each 
 branch of study by simply forbidding the use of all others not adopted 
 by the township board. If any patron is aggrieved, he can appeal to 
 the board of education ; but until the board determine what text- 
 books shall be used, the action of the directors must be submitted to. 
 Local directors would not be j ustified in introducing a new series of 
 books. 
 
 For authority to suspend pupils, see section 15. 
 
 13. Employment of Teachers. — No person can be employed 
 as a teacher in any common school unless such person has first ob- 
 tained from the proper board of examiners a legal certificate of quali- 
 fication, valid during the entire term for which the engagement is 
 made. See section 45. Assistant teachers and substitutes must hold 
 a legal certificate. Two directors can not employ a teacher except 
 at a meeting of which the other director has had due notice. 
 
 14. Contracts with Teachers. — To avoid all misunderstand- 
 ing, all contracts between teachers and local directors should be in 
 writing. A verbal agreement is, however, binding. New directors 
 can not set aside a contract made by their predecessors without good 
 and sufficient reasons. Any two of the local directors may certify 
 to the township clerk the amount due a teacher for services as per 
 contract or agreement.
 
 12 
 
 clerk, who shall draw an order on the township treasurer 
 for the amount ; and to dismiss any teacher, at any time, 
 for such reason as they may deem sufficient,* and to visit 
 the school or schools of the sub-district at least twice du- 
 To visit ring each term, by one or more of their number, with 
 
 schools. such other person or persons competent to examine pupils 
 
 in their studies, as they may choose to invite. 
 
 ' See supplemental section 9. 
 
 15. Wages of Teachers. — The Supreme Court has decided 
 that township boards of* education can not, "by any order, resohition 
 or rule," control or interfere with the wages local directors asrree to 
 pay teachers. In their contracts with teachers, local directors should 
 not, as a general rule, exceed the amount of tuition fund apportioned 
 to their respective sub-districts. But if the township board fails, 
 without good reason, to provide the funds necessary to sustain the 
 school of a sub-district twenty-four weeks, or to continue it in opera- 
 tion the same length of time as the schools in the other sub-tlistricts 
 are, on an average, sustained, the local directors may, in their con- 
 tracts with teachers, so far exceed the appropriation of the board as 
 may be necessary to sustain the school the length of time provided 
 by law. It is the duty of local directors to continue their schools at 
 least twenty-four weeks each year. See section 24. 
 
 16. Length of School Month. — By section 15 of an act 
 passed March 18, 1864, a school month consists of four weeks, the 
 number of days in a week depending, in the absence of any stipula- 
 tion in the teacher's contract, upon the general custom of the town- 
 ship. Whatever may be the teacher's contract, his report to the 
 township clerk must be made in school-weeks. See supplemental 
 section 6. 
 
 17. Dismissal op Teachers. — A teacher may be dismissed by 
 the local directors at any time for such cause as would be deemed 
 sufficient by candid and judicious men. The following reasons 
 clearly constitute a good and sufficient cause for the dismissal of a 
 teacher : 1. A failure to sustain a good moral character. 2. Mani- 
 fest inability to govern the school or to teach the several branches of 
 study. 3. Habitual neglect of duty or unfiithfulness. 4. Willful 
 violations of the known legal rules of the board. 
 
 The evidence of incompetency or unfitness should, in each case, 
 be clear and unquestionable, and should be established by a proper 
 investigation. No teacher should be dismissed without being allowed 
 a hearing in his own defense. 
 
 When a teacher's incompetency or unfitness arises from immoral
 
 13 
 
 Sec. YII. It shall be the dut}^ of the directors, in their To make 'con. 
 respective sub-districts, to negotiate and make, under ^^^^ °^ "*" ' 
 such rules and regulations as the township board of edu- 
 cation ma}'- prescribe, all necessary contracts in relation 
 to providing fuel for schools, repairing, building or fur- 
 nishing school-houses, purchasing or leasing school-house 
 sites, renting school-rooms, and making all other provis- 
 ions necessary for the convenience and prosperity of 
 
 conduct, or a want of scholarship, the case may be brought by writ- 
 ten complaint before the county examiners, who are required by sec- 
 tion 45 to revoke the certificate of any teacher found incompetent or 
 negligent. See Opin. 130. In case a teacher is guilty of gross immoral 
 conduct, as drunkenness, licentiousness, etc., he should be summarily 
 dismissed by the local directors. 
 
 18. Illegal Dismissal of Teacher — Costs. — By section 11 
 of an act passed April 17, 1857 (Supp. section 9), a teacher dis- 
 missed for frivolous or insufficient reason may bring suit against the 
 sub-district, and if, on the trial of the cause, a judgment be obtained 
 against the sub-district, the sum " so found due" the teacher, is to be 
 paid from the tuition money belonging to such sub-district. In such 
 suit the prosecuting attorney of the county is requh-ed by section 66 
 to defend the sub-district as a part of his official duties. No pro- 
 vision is made for the payment of the costs of the suit, but inasmuch 
 as a judgment includes the costs, in law, it is evident that such costs 
 must be paid by the township board, either from the contmgent school 
 fund under their control, or in the manner prescribed in section 64. 
 If the local directors in dismissing the teacher acted without malice 
 and according to their convictions of duty, they are not liable for the 
 costs. 
 
 Section VIL 
 
 19. Rules op Board concerning Contracts. — In the ab- 
 sence of instructions from the township board, local directors have 
 the power to make all contracts, specified in this section, in such a 
 manner as they may deem best ; but when the township board pre- 
 scribe rules or directions, the action of the local directors, even in 
 
 the selection of school-house sites, must conform thereto. See sec- \ 
 
 tion 14, Opin. 43. 
 
 20. Liability of Directors for Illegal Contracts. — Un- 
 less the consent or order of a majority of the township board be 
 first obtained, local directors, in contracting for the building of a 
 school-house, can not exceed the appopriations made for the purpose, 
 without rendering themselves personally liable for such excess. 
 Boards of education are not responsible for the performance of the
 
 14 
 
 When consent 
 of board to be 
 obtained. 
 
 Contracts to 
 be reported to 
 board. 
 
 Board reepon- 
 sible. 
 
 schools within their sub-district; but no contracts shall 
 be made by the directors, under the provisions of this sec- 
 tion, for the paj-ment of money from the township school 
 fund applicable to such purposes, which in any one year 
 shall exceed the amount distributable to the sub-districts, 
 in proportion to the enumeration of scholars resident 
 therein, without first obtaining the consent or order of a 
 majority of the township board of education ; and all con- 
 tracts made by the local directors, under the provisions 
 of this section, shall be reported to the said board, at 
 their next meeting after the making of such contracts; 
 and said township board of education, in their corporate 
 capacity, on the part of the sub-district, shall be held re- 
 sponsible for the performance thereof. 
 
 Local direc- 
 tors to take 
 enumeration. 
 
 ENUMERATION OF YOUTH. 
 (As amended April 17, 1857. 61 Siat. 236, Sec. 3.) 
 
 Sec. VIII. It shall be the duty of the directors in each 
 sub-district to take, or cause to be taken, annually, be- 
 tween the first and third Monday of September, an enu- 
 meration of all the unmarried white and colored youth, 
 noting them separately, between the ages of five and 
 twenty-one years, resident within such sub-district, and 
 not temporarily there, designating between male and fe- 
 male, and return a certified copy thereof to the township 
 
 illegal contracts of local directors. If the board refuses to appro- 
 priate sufficient funds to build a good school-house, the local directors 
 may appeal to the county commissioners. See section 22. 
 
 21. Reporting of Contracts. — Local directors can not re- 
 ceive any portion of the school funds for disbursement, but, on the 
 contrary, they are required to report all contracts for fuel, etc., to 
 the township board for payment ; and unless the township clerk is 
 authorized by a rule of the board to draw the requisite orders for 
 amounts certified by local directors to be due on contracts legally 
 made by them, such contracts can only be paid after they have been 
 duly reported to the board and approved. In making such contracts, 
 local directors can not exceed, without rendering themselves person- 
 ally liable, the sum distributable in proportion to the enumeration 
 or the sum appropriated by the township board for such contingent 
 expenses, unless it can be made to appear that the board has palpa- 
 bly failed to make, as the law requires, necessary provision for such 
 indispensable expenses. 
 
 22. Condemning School-house Sites. See Supp. section 11.
 
 15 
 
 clerk f and in case the directors in any sub-district shall 
 fail to take and return the enumeration aforesaid, it shall 
 be the duty of the township clerk to employ a competent 
 person to take the same, and allow him a reasonable com- 
 pensation for his services ; and shall proceed to recover 
 the amount so paid for such services in a civil action be- 
 fore any court having jurisdiction, in the name of the 
 State of Ohio, against said directors in their individual 
 capacity ; and in such suits said clerk shall be a compe- 
 tent witness ; and the money so collected shall be applied 
 to the use of common schools in the proper township. 
 The township clerk shall make an abstract of the enu- 
 meration so returned to him, designating the number of 
 youth in each sub-district, and transmit such abstract, 
 duly certified, to the county auditor, on or before the 
 first day of October. 
 
 Sec. IX. If any civil township, or part of a township, 
 composing a sub-district, shall be partly situated in the 
 Virginia "Military District, the United States Military 
 District, the Western Reserve, or in an original surveyed 
 
 "• An Act to provide for admission, without charge, into the State universities and common 
 schools, of persons who, when minors, entered the mibtary service of the United Sta es. 
 
 Section' 1. Be il ervicted by the General Assembly of the State of Ohio, That it 
 ehall bu tlie duty of tbe clerk in each sub-school district to take, or caus'- to be 
 taken, annually, between the first and third Monday ot September, an enumer- 
 ation of all male minors who have enlist'^d or may yet enlist in the military 
 service of the United States during the present war. 
 
 Skc. 2. It shall be the duty of the trustees of Miami University, at Ox- 
 ford, and of Ohio Unlver<ity, at Athens, and the directors of the several sub- 
 school districts of this State, to admit into said universities, and into any of 
 the public schools, without charge, all persons who, when minors, so tnlisted 
 in the military service of the Uni.ed States, and have been honora])ly dis- 
 charged therefrom, and to extend to them all the privileges ot said institutions 
 and schools for and during a period, equal to the time they have spent in the 
 said service, prior to their arrival at the age of twenty-one years. 
 Sec. 3. This act to take effect from and after its passage. 
 
 JAMES R. HUBBELL, 
 Speaker of the House of Representativea. 
 CHARLES ANDER-ON, 
 
 President of the Senate. 
 February 10, 1864. 
 
 Township 
 clerk to cor- 
 rect failure of 
 directors. 
 
 Abstract to be' 
 transmitted to 
 auditor. 
 
 Different sur- 
 veys to be 
 noted separ- 
 ately. ^ 
 
 Enumeration of 
 male minors in 
 military service. 
 
 Duties of trus- 
 tees of Miami 
 University, Ohio 
 University, and 
 directors of pub- 
 school districts. 
 
 Sections VIII and IX. 
 
 23. Enumeration. — The annual enumeration should include all 
 unmarried youth between the ages of five and twenty-one years, who 
 at the time of taking such enumeration, actually dwell or have their 
 home in the district, whether such youth constitute a part of the fam- 
 ily of their parents or guardians, or are, in good faith and for a con- 
 tinuance of time, hired to labor or service in a family actually resid- 
 ing in such district. The fact that a youth is living in a resident fam- 
 ily not temporarily, but is treated and regarded as a part of such 
 family, makes such youth a resident. If, however, a youth is staying
 
 16 
 
 township or fractional township, to which belongs any of 
 section sixteen, or other lands in lieu thereof, or any other 
 lands for the use of schools, or any interest in the pro- 
 ceeds of such school lands, the local directors shall, in 
 taking the enumeration of youth resident within their 
 jurisdiction, return separately those residing in the Vir- 
 ginia Military District, or United States Military District, 
 or Western Reserve, or original surveyed or fractional 
 township, to which belong any school lands, or interest 
 in the proceeds of school lands. 
 
 temporarily in a district as a hoarder or visitor, or is a member of a 
 family temporarily in the district and whose actual residence is in 
 another district, such youth cannot be legally enumerated. But the 
 temporary residence of a family in a district, if such family have at 
 the time no other residence, does not exclude the children actually 
 living in and belonging to such family from the enumeration. A youth 
 can be legally enumerated in but one district, and this is the district 
 in which he actually resides. All children that may be legally includ- 
 ed in the annual enumeration of any school district, are entitled to 
 attend the school in such district. 
 
 24. Colored Youth. — According to the decision of the supreme 
 court, in the case of Van Camp vs. Board of Education of Logan, 
 (9 O. S. E.., 406,) a youth of less than half African blood, but who is 
 distinctly colored, is to be enumerated as a "coloi-ed" youth. 
 
 25. Enumeration of Youth in Joint Sub -Districts. — In 
 taking the enumeration of youth in a joint sub-district, the local 
 directors are required to return a certified copy of such enumeration 
 to the clerk of each township having territory in such joint sub-dis- 
 trict, stating in each case the number of youth, male and female, re- 
 siding in each of the fractional parts thereof, and also the whole num- 
 ber of youth, male and female, residing in the entire joint sub-district, 
 (see section 16). In case the local directors of a joint sub-district 
 shall fail to take and return the enumeration, it is the duty of the 
 clerk of the township in which the school house is situated^ to cause 
 such enumeration to be taken, as in case of like failure on the part of 
 the local directors of single sub-districts. 
 
 26. Pat for Taking Enumeration. — Local directors are not 
 entitled to pay for taking and retui'ning the enumeration. When the 
 township clerk employs a person to take the enumeration, the person 
 so employed must be paid out of the township fund, not out of the 
 school fund. The money collected from the delinquent directors must 
 be credited to the school fund.
 
 17 
 
 TOWNSHIP BOARD OP EDUCATION. 
 
 Sec. X. That the township board of education shall Ofwhomcom- 
 cousist of the township clerk, and of the local director posed, 
 from each sub-district of the township, who has been ap- 
 pointed clerk in his sub-district, a majority of whom shall 
 constitute a quorum for the transaction of business; and 
 
 Quorum. 
 Township 
 
 the clerk of the township shall be clerk of the board, but clerk to be 
 shall not be entitled to a vote. It shall be the duty of clerk of board, 
 said clerk to be present at the meetings of the board, and 
 to record in a book, to be provided for the purpose, all 
 their official proceedings, which shall be a public record, 
 open to the inspection of any person interested therein ; 
 and all such proceedings, when so recorded, shall be 
 signed b}' the chairman and clerk. 
 
 Sec XI. The said township board of education, in powers and 
 each township of the state, and their successors in office, duties, 
 shall be a body politic and corporate in law, and, as such, 
 
 , 27. Penalty for Failing to Take Enumeration. — By sec- 
 tion 37, "no township, or other district, city, or village, which shall 
 have failed to make and return such enumeration [to county auditor] 
 shall be entitled to receive any portion of the common school funds ; " 
 and by section 42, the clerk is made responsible for the loss of such 
 school funds. 
 
 Section X. 
 
 ^ 28. Quorum of the Board. — The township clerk, though not 
 entitled to vote, is a member of the township board of education, and 
 is to be counted in deciding whether a quorum is present. One-half, 
 or more, of the sub-district clerks, together with the township clerk, 
 constitute a quorum for the transaction of business. The township 
 clerk has all the rights which belong to the other members of the 
 board except that of voting. He may be appointed acting manager 
 of the schools of the township, as provided in section Vd. 
 
 29. Record of Proceedings. — In case of failure to keep a full 
 record of the proceedings of the board, and also a record of all school 
 moneys received and disbursed by the treasurer on the orders of the 
 board during each school year, the township clerk is made Uable in a 
 civil action for all loss or damages that may ensue on account of such 
 failure. See section 25 and supplemental section 8. 
 
 Section XI. 
 
 30. Custody of School-Houses. — School-houses, school-house 
 sites, and other school property do not belong to the sub-districts in 
 which they are located, but are the property of the township j and 
 
 2
 
 18 
 
 may contract and be contracted with, sue and be sued, 
 plead and be impleaded, in any court of law or equity in 
 this state, and may receive any gift, grant, donation, or 
 devise, made for the use of any school or schools, within, 
 their jurisdiction; and, moreover, they shall be, and are 
 Title and ens- hereby invested, in their corj)orate capacity, with the title, 
 property.^ ^° care, and custody of all school-houses,* school-house sites, 
 school libraries, apparatus, or other property belonging to 
 the school district as now organized, or which may here- 
 after be organized, within the limits of their jurisdiction, 
 with full power to control the same in such manner as they 
 may think will best subserve the interests of common 
 schools, and the cause of education ; and when, in the 
 opinion of the board, any school-house, or school-house 
 
 * See supplemental section 13. 
 
 the township board of education, in their corporate capacity, have full 
 power, within the limitations of the law, to control the same in such 
 manner as they may think will best subserve the interests of educa- 
 tion. Local directors have also a supervisory care of the school- 
 house and other school property in their sub-district, but their author- 
 ity is subordinate to that of the township board, and must always be 
 • exercised in obedience to their directions. 
 
 31. Use op School-Houses. — It is the duty of the township 
 board of education to exercise such a supervision over the school- 
 houses in the several sub-districts, as may be necessary to prevent 
 their being used in such a manner and for such purposes as may 
 interfere with their use for the legitimate and special purposes for 
 which they were erected. But when their use for school purposes is 
 not interfered with, and the furniture, apparatus, books, and other 
 property belonging to the school or the pupils are not destroyed or 
 injured, tha board may permit their application to any object of social 
 or moral improvement which the local directors or the inhabitants 
 may sanction and desire. When the use of school-houses is subject 
 to the limitations and restrictions referred to, the board would be 
 justified in opening them for religious meetings, Sabbath-schools, lec- 
 tures, or any other moral, literary, or useful purpose. In many 
 country districts it is a very desirable privilege to the inhabitants to 
 be permitted thus to use a school-house. School-houses, when so 
 used, should always be left in a cleanly and good condition. 
 
 32. " Barring-out " a Teacher. — Pupils can not bar the door 
 of a school-house against a teacher for the purpose of extorting a 
 " treat " from him, without committing a trespass and becoming liable 
 to the same penalties, at the suit of the township board, as at the 
 
 ' suit of a private citizen whose private dwelling they should close
 
 19 
 
 site, has become unnecessary, they may sell and convey May sell or 
 the same in tlie name of the township board of educa- ^^J^^l ^'^^^^^ 
 tion of the proper township ; such conveyance to be exe- 
 cuted by the chairman and clerk of said board, and shall 
 pay the avails over to the township treasurer of the prop- 
 er township, for the benefit of schools ; and all convey- 
 ances of real estate which may be made to said board, 
 shall be to said board in their corporate name, and to 
 their successors in office.f 
 
 [As amended April 17, 1857. 51 Stat. 237, Sec. 4.] 
 
 Sec. XII. It shall be the duty of the township board Sessions of the 
 of education to hold regular sessions on the third Monday ^''=^i'<^' regular 
 of April, and on the third Monday of September in each ^^^ adjourned, 
 year, in the usual place of holding township elections, or 
 at such place in the immediate neighborhood as may be 
 convenient for the transaction of any business which may 
 be necessary in relation to the subject of either the pri- 
 mary or graded schools of the township, with power to 
 adjourn from time to time, or to hold special meetings at 
 any other time or place within the proper township, as 
 they may think desirable for the transaction of business 
 
 t iJi act to provide for the completion of certain contracts heretofore made by school directors. 
 
 [Passed February 6, 1854, 52 vol. Stat. 17.] 
 
 Section 1 . Be it enacted hy the General Assembly of the State of Ohio, That in all 
 cases where pursuant to law, contracts have been made or entered into tor the 
 sale of school house sites or lands, the property of any school district hereto- 
 fore existing in this state, and the sale remains to be perfected by conveyance, 
 the township board of education, in the township where such property may be 
 situate, shall be authorized to complete the same by executing a cooveyauce in 
 the manner prescribed in section eleven of the act entitled an act to provide 
 for the reorganization, supervision and maintenance of common schools, passed 
 March 14, 1853, on full compliance therewith by the purchaser or purchasers. 
 
 F. G. LeBLOND, 
 Speaker of the House of Representatives. 
 ROBERT J. ATKINSON, 
 President of the Senate pro tern. 
 
 against him, with a view of extorting money. Tlie custom of " bar- 
 ring-out " teachers is a remnant of tlie " dark ages," and can not be 
 pleaded against a positive statutory enactment. The teacher " bar- 
 red-out " of a school-house, should notify the directors, who in turn 
 may appeal, if necessary, to the township board invested with the 
 legal custody of the house. In case neither the directors nor the 
 board cause the door to be opened, the teacher, by holding himself in 
 readiness to discharge hi^ duties, can collect his pay precisely as 
 though his school had not been interrupted. 
 
 33. LvjuRYTO School-House. — BjanactpassedMarch24,1860, 
 (Supp. sec. 13) any person who shall maliciously injure a school-house 
 or deface the same with obscene words or devices, may be prosecuted 
 and punished.
 
 Management 
 
 20 
 
 as aforesaid, and at all such meetings sliall appoint one 
 of their number to the chair, and in case of the absence 
 of the township clerk, may appoint one of their own num- 
 ber to serve temporarily as clerk. 
 
 Sec. XIII. The township board of education shall 
 ofTenl-rarand have the management and control of all the central and 
 high schools, high schools of their proper township, which may be es- 
 tablished therein under the authority of this act, with full 
 power, in respect to such schools, to employ, pay, and 
 
 Section XII. 
 
 34. Transaction of Business. — All business of the board of 
 education must be transacted at a meeting attended by a majority of 
 the members. A written agreement to purchase maps, apparatus, 
 etc., or to vote for such purchase at the next meeting, signed by a 
 majority or all of the individual members of the board, but not at a 
 meeting, has no legal validity as an act of the board of education, and 
 the township clerk has no authority to draw an order upon the treas- 
 urer for the payment of any sum required to fulfill such illegal 
 contract. Such a transaction would be as unauthorized and illegal 
 as- the issuing of an order for the payment of money fi'om the school 
 fund on the written request or order of an equal number of citizens 
 who are not members of the board of education. 
 
 35. Meetings of Board. — The members of the board are bound 
 to know the time and place of the two regular meetings provided for 
 by law, without notice. No notice of an adjourned meeting is re- 
 quired to be given, except to the members who were absent from the 
 regular or prior meeting. But at a special meeting no act can be 
 done unless all the members have had reasonable notice of the time 
 (and of the place also if it be an unusual one) of the meeting. If 
 such notice be given, then a majority may exercise all the powers of 
 the board, though all the members do not assemble.* A special meet- 
 ing may be called by the township clerk, or by the chaii-man or presi- 
 dent of the board, or by two or more members. 
 
 Section XIII. 
 
 36. Central High Schools — When a central high school has 
 been once established in a township, as provided in section 21, the 
 same may be sustained from year to year by the board of education 
 without again submitting the question to a vote of the people. 
 
 37. When to act as Local Directors. — When the local di- 
 rectors neglect to employ a teacher, provide fuel, or make other ne- 
 cessary provisions for keeping the school of their sub-district in ope- 
 
 * Wm. J. Martin vs. Joseph Cnimmings, Isaac T, Fulton and B. S. McFarland. 
 Shelby County Common Pleas, Maich Term, 1864.
 
 21 
 
 dismiss teachers, to build, repair and furnish the neces- 
 sary school- houses, purchase or lease sites therefor, or 
 rent suitable school-rooms, and make all other necessary 
 provisions relative to such schools as they may deem 
 proper; and it shall be the duty of said board of educa- when to act as 
 tiou to exercise all the powers conferred on local directors local directors. 
 in respect to sub-district schools, whenever such local di- 
 rectors shall neglect to discharge their duties in. any sub- 
 
 ration the length of time required by law ; when they neglect or re- 
 fuse to require pupils to use the school-books adopted by the board ; 
 or when they otherwise neglect to discharge their duties legally and 
 in accordance with the lawful regulations of the board, it is made the 
 duty of the township board to act in the stead of such negligent direc- 
 tors. This provision of the law also enables the board to take the 
 entire control of a sub-district school in the absence of two directors or 
 in case of a disagreement between acting directors, and, at all times, 
 to secure, on the part of local directors, a proper compliance with the 
 <' rules and regulations prescribed by the board for the government of 
 the schools within their jurisdiction." 
 
 38. Rules and Regulations. — For the purpose of securing neces- 
 sary uniformity in the management of the schools under their juris- 
 diction, boards of education should adopt a few general rules for the 
 guidance of directors and teachers. In his annual circular to boards 
 of education, dated April 1, 1865, the School Commissioner submit- 
 ted the following rules, with the recommendation that they be adopted 
 with such modifications and additions as may be deemed necessary : 
 
 1. It shall be the duty of local directors to continue the schools in operation 
 in their respective sub-districts not less than twenty-four weeks each school 
 
 year. The first term or session shall commence on the Monday in 
 
 [Here should be added the number of terms, vacations, etc.'] 
 
 2. The schools shall be closed every Saturday, and on Christmas, New 
 
 Year's, Fourth of July, Thanksgiving, and any other national holiday. The 
 daily sessions shall commence at 9 o'clock A. M. and 1 o'clock P. M., with an 
 hour's intermission at noon. 
 
 3. The branches ot study taught in the schools shall be the common branches, 
 including mental arithmetic, and such other branches and general lessons and 
 exercises as the teachers or local directors may prescribe. The following school 
 books, and these only, shall be used by the pupils in the several branches 
 pursued: ^Here yiarne only one series of books in each branch^] 
 
 4. The studies and lessons to be pursued and engaged in by each pupil and 
 the classes in which each pupil may recite, shall be determined by the teacher, 
 subject to the approval ot the local directors in case they are appealed to by 
 the parent or, guardian; and every pupil shall be provided with the books 
 required by the teacher and authorized by the board of education, (unless the 
 poverty ot parent or guardian torbidsj, or be denied attendance upon the school. 
 
 5. No pupil atliicted with any contagious disease sliall be permitted to at- 
 tend school,; and any pupil guilty of willful insubordination or other dis- 
 orderly conduct injurious to the school, may be suspended by the local directors 
 or acting manager, and, in case immediate dismissal may be necessary, may be 
 suspended temporarily by the teacher, and reported to the local directors or 
 acting manager ot schools. 
 
 6. It shall be the duty of teachers to preserve good order in their schools ; 
 to prevent all running and boisterous play within the school-house ; to protect
 
 22 
 
 To preacribe 
 rules, etc. 
 
 May provide 
 for German 
 schools. 
 
 district, as required by this act ; and it shall also be the 
 further duty of said board to prescribe rules and regula- 
 tions for the government of all the common schools within 
 their Jurisdiction; said board of education may provide 
 for German schools for the instruction of such youth as 
 may desire to study the German language, or the German 
 and English languages together, and if the board shall 
 
 the school property from injury or defacement ; and to require their pupils to 
 keep the school-room neat aud tidy. They shall be at their school-rooms be- 
 fore the time for opening school morning and afternoon. 
 
 7. It shall be the duty of every teacher to keep an accurate record of the 
 daily attendance or absence of each pupil and all other statistics which may 
 be necessary to make out a complete and reliable report at the close of the 
 term, in accordance with the blank forms and instructions of the State School 
 Commissioner. 
 
 8. No person shall be permitted to enter upon the duties of teacher in any 
 common school in the township unless such person has a legal certificate of 
 qualification covering the entire time for which his services are engaged. 
 
 Boards of education have clearly the legal authority to pass each 
 of the above rules, but the duty of employing and dismissing teachers 
 and fixing their wages, belongs exclusively to local directors. Teach- 
 ers have also the authority to establish such rules and regulations for 
 the government of their schools as may be necessary and proper, not 
 inconsistent with the regukitions of the board of education or of the 
 local directors. 
 
 39. German Schools. — A German school is one regularly or- 
 ganized, in addition to the sub-district schools which are required by 
 law to be sustained at least twenty-four weeks each year. Every 
 sub-district school is made by law a common school, and, as such, can 
 not be converted into a German school. A German school, like a 
 colored school or a central high school, is established for a class of 
 pupils, and cannot, therefore, take the place of the sub-district school. 
 The fact that no person is permitted to teach in any common school 
 without a certificate showing that he is qualified to teach the common 
 English branches, including ^'■English grammar," shows that the in- 
 struction in the sub-district schools of the State must be in the English 
 language. The law makes no provision for German certificates, and 
 consequently, no person that is not qualified to teach " English 
 grammar," can be legally employed even in a German scliool. 
 
 In virtue of the authority vested in boards of education "to 
 determine the studies to be pursued" in the several schools under 
 their control (section 17), the township board (not the local directors) 
 may include German among such studies, and thus authorize pupils 
 to be taught to read and write German as well as English, provided 
 the efiiciency of the school is not thus materially injured. 
 
 40. Acting Manager. — The board of education cannot authorize 
 the acting manager of schools to employ or dismiss teachers in the
 
 23 
 
 deem it necessary, they may appoint one of their number 
 the acting manager of schools for the township, who shall ^gw^maai 
 do and perform all such duties as the board may prescribe ger. 
 in relation to the management and supervision of the dif- 
 ferent schools, and the educational interests of the town- 
 ship, and may allow him a reasonable compensation for 
 his services. 
 
 Sec. XIV. The said board shall prepare, or cause to be Map of town- 
 prepared, a map of their township, as often as they deem ^ 'P' 
 necessary, on which shall be designated the sub-districts ^j'J^J gJJJ^dia. 
 of the township, which they may change or alter at any tricts. 
 
 several sub-districts, since this power is vested by law exclusively in 
 the local directors, except when " such local directors shall neglect to 
 discharge their duties." He may, however, be authorized and re- 
 quired to do any duty connected with the management and supervis- 
 ion of schools which the board, in their corporate capacity, have 
 authority to perform or controL The township clerk being a member 
 of the board, may be appointed acting manager. The compensation 
 allowed the acting manager for his services must be paid from the 
 contingent school fund. 
 
 -"o"- 
 
 Section XIV. 
 
 41. Size op Sub-Districts. — "When a sub-district contains less 
 than sixty enumerated youth and, in the opinion of the board, it is 
 not " necessary" that the number should be so small, it is the duty of 
 the board to enlarge or abolish such sub-district. But when by 
 reason of swamps, streams of water, a want of passable roads, or 
 sparseness of population, it is impossible to form sub-districts that 
 shall contain at least sixty scholars, without practically depriving 
 some youth of school advantages, boards of education are at liberty, 
 and it is their duty, to form smaller sub-districts. School funds are 
 raised for the purpose of " affording the advantages of a free educa- 
 tion to all the youth of the State" and every inhabitant has the right 
 to demand the establishment of a school within such a distance of his 
 residence, and with such facilities for reaching it, as will enable his 
 childi-en to attend. If the board refuse to grant school advantages to 
 all the youth of the township, application may be made to the district 
 court, or the Supreme Court, for a writ of mandamus, to compel the 
 board to do its duty in this regard. 
 
 42. Graded Sub-District Schools. — Whenever the popula- 
 tion is sufficiently dense to afford the requisite number of scholars to 
 form a school with two departments (one for the larger pupils and one 
 for the smaller), without embracing too much territory in a sub-dis- 
 trict, the organization of such graded school is exceedingly desirable.
 
 24 
 
 Size of sub- 
 districts. 
 
 Schools in 
 each sub-dis- 
 trict. 
 
 regular session, and the number of scholars assigned to 
 each ; but no sub-district shall contain within its limits 
 less than sixty resident scholars by enumeration, except 
 in cases where, in the opinion of the board, it is necessary 
 to reduce the number. And it shall be the duty of the 
 board to establish a school in each sub-district of the 
 township, of such grade as the public good, in their 
 opinion, may require; and in the location of primary 
 
 A sub-district school with two departments is much superior to two 
 separate, unclassified schools. 
 
 43. Location of School Houses.* — The authority of the town- 
 ship board in locating and purchasing school-house sites, is paramount 
 to that of the local directors, who are not empowered to select or 
 purchase school-house sites, except under the direction and subject to 
 the rules and regulations of the township board. — Section 7. It is 
 clear, from the provisions of the law, that the Legislature regarded 
 the location of a school-house an important duty, requiring a due 
 consideration of all the circumstances proper to be considered. An 
 act passed February 10, 1860 (see supplemental section 10), authorizes 
 the board of education to condemn a school-house site when the 
 owner refuses to sell the same. 
 
 44. Time of Altering Sub-Districts. — The sub-districts of a 
 township can only be changed or altered at the regular sessions of the 
 township board, which are required by law to be held on the third 
 Monday of April and September each year, with power to adjourn, 
 from time to time, until all the business required to be transacted at 
 such regular sessions shall have been accomplished. A regular ses- 
 sion adjourned to another day to complete business, is an adjourned 
 regular session, and at such adjourned meeting sub-districts may be 
 changed or altered ; but not at a special meeting. Since the enu- 
 meration of youth in the several sub-districts is required to be taken 
 between the first and thii-d Monday of September, and the school 
 funds are distributed in proportion to such enumeration, all changes 
 in the boundaries of sub-districts should, if possible, be made at the 
 regular session in April. When such changes are made in Septem- 
 ber, a new enumeration should at once be taken in the sub-districts 
 affected by them. 
 
 45. Modes of Altering Sub-Districts. — There are four dis- 
 tinct modes of altering sub-districts : 1. By cutting off a portion of 
 
 * Under the school act of March 14, 1853, the township board of education 
 has the power to designate the particular place where school houses in sub- 
 districts shall be built, and the powers which, in this respect, the statute 
 confers on the local directors of a sub district, are to be exercised in subordi- 
 nation to the paramount authority ofthe township board of education. — Sup. 
 Court, 1863.
 
 25 
 
 schools, or schools of hip^her grade, the board shall have 
 reference to popnlation and neiirhhorhood, pavino: dne re- 
 gard to any school-house already built, or site procured, as 
 well as to all other circumstances proper to be considered, 
 80 as to promote the best interests of the schools.* 
 
 • For authority to condemn echool-house sites, see supplemental section 10. 
 
 one sub-district and annexino; such portion to another sub-district. 
 2. By abolishing: a sub-district and annexinjr the territory thereof to 
 one or more other sub-districts. 3. By cutting off a portion of one 
 or more sub-districts and forming from them a new sub-district, ^. e. 
 an additional sub-district. 4. By abolishing two or more sub-districts 
 and consolidating the same into a new sub-district. 
 
 1. By the first method no new sub-district is formed, and the local 
 directors of the sub-district wliich is enlarged by the annexation of 
 territory to it, are the legal directors of such enlarged sub-district. 
 If either of the local directors of the sub-district from which terri- 
 tory is cut off, reside in such cut-off and transferred territory, such 
 director ceases to be a director, since he now resides in another sub- 
 district. The vacancy, thus occasioned, must be filled by the town- 
 ship clerk by appointment. 
 
 2. By the second method no new sub-district is formed, and the 
 local directors of the sub-district or sub-districts to which the territory 
 of the abolished sub-district is annexed, are the legal directors of 
 such enlarged sub-district or sub-districts. The local directors of the 
 abolished sub-district go out of office at the time the act abolishing 
 such sub-district takes effect, since the abolishing of a sub-district 
 also abolishes the office of local director. When the clerk of a sub- 
 district, so abolished, ceases to be a local director, he also ceases to 
 be a member of the township board of education. 
 
 8. By the third method, a new sub-district is formed, having no 
 local directors in office. The townshipclerk can not in this case ap- 
 point three directors since no vacancy has occurred, as the office has 
 never been filled. The township board of education should cause 
 written notices to be posted up describing the boundaries of such 
 new sub-district, and calling a meeting of the qualified voters thereof 
 to elect three directors. In case the board fail to call such meeting, 
 any three qualified voters resident within such new sub-district, may 
 call the same, by posting up in connection with the written notice of 
 the meeting as prescribed in section 4, a certificate from the township 
 clerk, showing the action of the board in forming such new sub-dis- 
 trict and describing the boundaries thereof. The new director thus 
 elected to serve the shortest term, will go out of office on the second 
 
 Location of 
 schools.
 
 26 
 
 pupiir.""'"* °^ Sec. XV. The board shall have power to assign such 
 
 number of scholars to the several primary schools as they 
 
 may think best; and when such assignment has Iteea 
 
 made, shall furnish the teacher a list of the scholars to be 
 
 Admission to assigned ; and the board shall also have full power to 
 
 high school. regulate and control the admission of scholars to schools 
 
 Monday of the following April, and the other two directors respect- 
 ively in one and two years from that date. See appendix. Form 20. 
 
 4. By the fourth method, a new sub-district is formed, having no 
 local directors in office. Three directors may be chosen in the man- 
 ner prescribed when a new sub-district is organized from territory 
 cut off from one or more sub-districts (third method). The local 
 directors of each of the abolished sub-districts go out of office when 
 the act abolishing such sub-districts takes effect ; and, at the same 
 time, the clerks of such abolished sub-districts cease to be members 
 of the township board. 
 
 To avoid the difficulty arising from the ousting of a member of 
 the board from office while the board is still in session with important 
 business to transact, the resolution or act abolishing a sub-district 
 should be made to take effect, not immediately, but on a subsequent 
 day specified. See appendix, Form 19. 
 
 Section XV. 
 
 46. Assignment of Scholars. — The term "primary schools" 
 is here used to designate the sub-district schools of a township in 
 which one or more central or high schools have been established. 
 The law gives the township board full power to determine what pu- 
 pils may be admitted to the central high schools, from the several 
 sub-districts, and in case a sub-district school is graded or divided 
 into two or more departments, to assign such pupils residing in the 
 sub-district to each grade of school or department as they may think 
 best. When pupils have been assigned by the board to the central 
 high school or to either department of a graded sub-district school, 
 neither the teacher nor the local directors have any right to admit 
 such pupils into any other school or department. 
 
 47. Admission op Pupils of Non-school Age. — Persons of 
 non-school age, with the exception of soldiers who entered the army 
 when minors (act passed Feb. 10, 1864, p. 15), can not claim admission 
 to any common or high school, but township boards have authority 
 to admit pupils over twenty-one years of age " to schools of a higher 
 grade," and, when there is no school of a higher gi-ade, to admit 
 them to the sub-district schools, either with or without the payment 
 of tuition. In other words, those who have reached their majority
 
 27 
 
 of a higher grade, according to age and attainments, and 
 
 may admit scholars over twenty-one years of age, and 
 
 may suspend, or authorize the local directors to suspend, 
 
 from the privileges of either of the schools, any pupil Disorderly 
 
 found guilty of disorderly conduct, which suspension shall be^^usplnS 
 
 not extend beyond the current session of the school. 
 
 may or may not be admitted to the schools, according to the pleasure 
 of the board, or of the local directors, in the absence of any action 
 of the board. There is no authority in the school law for the ad- 
 mission of pupils under five years of age to any common school. 
 
 48. Adiviission op Non-resident Pupils. — All persons of 
 school * age resident within a sub-district and not temporarily there, 
 are entitled to admission to the common school ; but youth who could 
 not be legally included in the enumeration of a sub-district, were 
 such enumeration being taken (see section 8), are not entitled to 
 school privileges. The board of education, and, in' the absence of 
 regulations of the board to the contrary, the local directors, may ad- 
 mit non-resident pupils to the schools, when such admission does not 
 interfere with the rights of resident pupils. All money paid by non- 
 resident pupils for tuition in any school of the township, must be paid 
 over to the township treasurer, who is the legal treasurer of all school 
 funds " arisinjr from whatever sources." Neither the local directors 
 nor the teacher can receive such tuition money. The treasurer 
 should place it to the credit of the proper sub-district to be disbursed 
 on the order of the township clerk. 
 
 By an act passed Feb. 10, 1864, persons who enlisted in the mili- 
 tary service of the United States when minors, are entitled to at- 
 tend, free of charge for tuition, the public schools of ani/ district in 
 the State, during a period equal to the time of said minority service. 
 
 49. Suspension of Pupils. — Boards of education have full 
 authority to suspend a pupil from school for such disorderly con- 
 duct as, in their judgment, may make such suspension necessary or 
 expedient, and in case of a mistaken or wrong exercise of this statu- 
 tory power, the members are not personally liable for damages, 
 unless it can be shown that they acted " mahciously" and contrary to 
 their own convictions of duty. The acting manager of schools may 
 be empowered by the board to exercise the authority to suspend pu- 
 pils for and in behalf of said board; and this authority may be dele- 
 gated to local directors. It is also clear that boards of education 
 may adopt a rule authorizing teachers to suspend pupils, for specified 
 misdemeanors, or for conduct subversive ot wholesome discipline. 
 
 In the absence of any action of the township board delegating
 
 28 
 
 62 vol. Stat. 
 p. 62, Sec. 1. 
 
 When and how 
 joint gub dis- 
 tricts may be 
 formed. 
 
 Directors, how 
 elected ; their 
 powers and 
 duties. 
 
 Enumeration 
 of youth. 
 
 JOINT SUB-DISTRICTS. 
 [As amended March 28, 1865 62 Stat. 62, Sec. 1.] 
 
 Sec. XVI. Whenever the better accommodation of 
 scholars makes it desirable to form a sub-district com- 
 posed of parts of two or more adjoining townships, by 
 mutual agreement between the boards of education of 
 such townships respectively, a transfer of territory for 
 school purposes may be made to the township in which 
 the school-house of such joint sub-district is or may be 
 situated, and the qualified voters resident within such 
 joint sub- district, so composed, shall, at the same time and 
 in the same manner as school directors in other sub-dis- 
 tricts are selected, proceed to elect directors who shall 
 have the same powers, perform the same duties, and be 
 subject to the same penalties as directors in sub-districts; 
 provided, that in taking the enumeration of youth, it shall 
 be the duty of said directors to return a certified copy of 
 such enumeration to the clerk of each township having 
 territory in such joint sub-district, designating, in each 
 
 such authority to them, local directors can not expel or suspend pupils 
 for disorderly conduct, except when such suspension becomes neces- 
 sary to protect a school from misrule and anarchy, or the pupils from 
 personal danger or contagious disease, and then the suspension must 
 be temporary. The fact that " the management and control " of the 
 school interests of a sub-district are entrusted to the local directors, 
 though such control is made subordinate to that of the township 
 board, makes it the imperative duty of the local directors to rid a 
 school of the presence of a pupil that is, for example, intoxicated, or 
 afflicted with contagious disease, or armed with deadly weapons, or 
 guilty of outbreaking insubordination. Indeed no statutory provi- 
 sion is. necessary to empower local directors to take such action. The 
 authority is inherent in their office. Whenever a pupil's conduct 
 clearly demands his immediate removal from the school-room, the 
 teacher may send such pupil away for the day. 
 
 Section XVI. 
 
 50. Joint Sub-Districts in two or more Counties. — Joint 
 sub-districts may be composed of territory situated in different counties, 
 and when so composed, are to be managed precisely as other joint 
 sub-districts. The teacher of a joint sub-district school must have a 
 certificate from the board of school examiners of the county in which 
 the school-house is located. Joint sub-districts can only be formed 
 by a tranter of territory. 
 
 51. New Joint Sub-Districts. — When a joint sub-district is
 
 29 
 
 case, the number of you,tli, male and female, residing in 
 
 the respective parts of the several townships so united. 
 
 The school in such joint sub-district shall be under the Control of 
 
 general control of the board of education of the township joi^t scliool. 
 
 in which the school-house is situated, of which board the 
 
 clerk of said joint sub-district shall be a member, but 
 
 such school shall be supported from the school funds of 
 
 the respective townships having territory in said joint School funds, 
 
 sub-district, in proportion to the enumeration of youth; aud applied. 
 
 and the board of education having charge of said joint 
 
 school shall make the proper estimates of the share of 
 
 exj^euses of every kind necessary to sustain it, to be paid 
 
 by each of the said townships, so united, and shall certify 
 
 such estimates to the auditor of the proper county, who 
 
 formed by annexing territory in one township to a sub-district of an- 
 other township, already organized, the local directors of such organ- 
 ized sub-district become the legal directors of the joint sub-district ; 
 but when the territory so transferred is annexed to the part of a sub- 
 district of another township, or to the territory of an abolished sub- 
 district, then new directors must be elected as prescribed when a new 
 single sub-district is formed. See section 14 ; Opin. 45. 
 
 The clerk of a joint sub-district may reside in either township, and 
 still be a member of the board of education of the township in which 
 the school-house is located. 
 
 62. Temporary Joint Sub-Districts. — When it is desirable to 
 organize a joint sub-district temporarily for the better accommodation 
 of scholars, the transfer of territory should be made for a definite 
 specified period, and such conditional transfer should be concurred in 
 by each board interested. Such a sub-distx-ict, thus formed, needs no 
 subsequent action to dissolve it at the close of the period for which 
 it was organized. 
 
 53. Enumeration in Joint Sub-Districts. — The clerks of the 
 several townships having territory in a joint sub-district, should re- 
 turn to the county auditor only the number of youth resident within 
 the fractional part of such joint sub-district which is situated in their 
 respective townships. When the local directors of a joint sub-district 
 fail to take the enumeration and return a certified copy to the clerk 
 of each township, it is the duty of the clerk of the township in which 
 the school is located, to cause such enumeration to be taken as pre- 
 scribed in section 8. 
 
 54. Annual Estimates. — The board of education of a joint sub- 
 district school, are required to make and certify to the auditor of the 
 
 proper county the estimates of " every kmd" necessary to sustain such 
 joint school, including those for furnishing, repairing, or buUding a
 
 30 
 
 Annual esti- 
 mates, how as- 
 sessed and 
 collected. 
 
 Transfer of 
 fund to proper 
 township trea- 
 surer. 
 
 shall add the same to the annual estimates for school 
 purposes made and certified by the boards of education of 
 said townships respectively, and shall assess and collect 
 the same as parts of such township estimates ; and in 
 making the annual apportionment of school moneys, aa 
 hereinafter provided, the auditor shall state on the copy 
 of said apportionment furnished each township treasurer, 
 the amount of moneys so assessed and collected for the 
 support of said joint school. As soon after the distribu- 
 tion of school funds as practicable, the clerk of the adjoin- 
 ing township or townships shall each draw orders on their 
 respective township treasurers, in favor of the board of 
 education having charge of said school, for all funds be- 
 longing to the same, whether derived from the state tax, 
 sale or rent of school lands, township tax, or other sources, 
 the same to be appropriated to the payment of teachers 
 and for other purposes connected with the establishment 
 or maintenance of said joint sub-district school.* No 
 
 * An Act to amend an act entitled "An act to provide for the reorganization, superTision and 
 mainteoance of common schools," passed March 14, 1858, and the acts amendatory thereto. 
 
 [Passed March 28, 1865. 62 vol. Stat. 62.] 
 
 Sec. 5. That sections sixteen and twenty-tourt of " an act to provide for the 
 reorganization, supervision and maintenance of common schools," passed March 
 14, 1853, and sections seven and ten of "'an act to amend and supplemenlary" 
 to the act aforesaid, passed April 14, 1857, be and the same are hereby repealed ; 
 provided that the obligations or liabilities incurred, and the rights acquired 
 under the provisions ot any of tbe sections repealed shall remain, and shall bo 
 in no wise altered or affected, but may be enforced, as if this act had not been 
 passed ; and all funds legally due from adjoining townships, or their respective 
 share or shares of the expenses hitherto mcurred in the support of any joint 
 school, shall be paid over to the board of education having cnarge of said joint 
 school in the manner herein provided ; and that the school directors in the 
 several joint sub-districts of the state shall hold their respective offices until 
 the expiration of the terms for which they were respectively elected. 
 
 t These were the original sections which were amended and repealed by this act. 
 
 school-house. These estimates are not to be assessed by the auditor 
 as a separate tax, but " as parts of such township estimates" for school 
 purposes. The auditor simply adds the estimates for a joint school 
 to the township estimates for other schools, and assesses the whole as 
 one estimate. 
 
 55. Auditor's Copy of Apportionment. — Section 37 requires 
 the county auditor, in making the annual apportionment of school 
 funds, to " furnish the township treasurers and township clerks, ti'eas- 
 urers and recorders of incorporated cities or villages, as the case may 
 be, each with a copy of said apportionment." Upon the copy of the 
 apportionment thus furnished, should be stated the amount of school 
 funds derived from each of the several sources specified in section 37, 
 which are to be disbursed for the support of joint sub-district schools. 
 This will avoid all disagreement between the boards of education or
 
 31 
 
 ioint snb-clistrict composed of the fractional parts of two How joint sub- 
 
 •^ , 1 . f . , . . , "^ , district may 
 
 or more townships, whicn is now orgauizea or may nere- be dissolved. 
 
 after be organized, shall be dissolved, changed or altered, 
 unless by the concurrent action of the boards of education 
 of the several townships which may have territory inclu- 
 ded in such sub-district. 
 
 SCHOOL BOOKS AND LIBRARIAN. 
 
 Sec. XYII. The said board shall have power to determine , ^^ ^^^ 
 the studies to be pursued, and the school-books to be used termiae stud- 
 in the several schools under their control, and shall make ics, booka. 
 and enforce such rules and regulations relative to the use 
 
 clerks interested, respecting the amount of school moneys belonging 
 to a given joint sub-district. 
 
 56. Transfer of Joint School Funds. — It is the duty of the 
 clerk of the adjoining township to draw an order on the treasurer of 
 said township, and in favor of the board of education having charge 
 of a joint school, for all school funds belonging to the same, when- 
 ever the treasurer of the township in which such joint school is 
 located, applies for such order. In making application for an order 
 to transfer the funds belonging to a joint school to the treasury of the 
 township in which such joint school is located, the treasurer should 
 present a certificate from the clerk of said township, that the person 
 named therein is the legal treasurer of said township. In trans- 
 ferring joint school funds to the proper township, no action of either 
 board of education is necessary. Tlie township treasurer is, by sec- 
 tion 27, made the treasurer of all school funds, "arising from what- 
 ever sources," and it is clearly his duty to collect joint school funds 
 from adjoining townships, without waiting for an order from the board 
 of education. By section 5 of an act passed March 28, 1865, (see 
 above,) all funds due a joint sub-district school from adjoining town- 
 ships at the time of the passage of said act, were required to be paid 
 over to the board having charge of said joint school. 
 
 Section XVIL 
 
 hi. Studies. — The powet- to determine the studies to be pursued in 
 the several schools under their control, herein vested in boards of 
 education, carries with it the authority to prescribe a course of study 
 for such schools, and the right to determine, or to authorize the teach- 
 ers to determine, the studies to be pursued by each individual pupil. 
 The general course of study to be pursued in each school should be 
 prescribed by the board of education, but the studies to be pursued, 
 and the lessons to be prepared by each pupil, should be left to the
 
 32 
 
 Librarian. 
 
 and preservation of the scliool libraries and apparatus as 
 they may think advisable, and sliall appoint, or authorize 
 the local directors to appoint a suitable person to act as 
 librarian, and to take charge of the school apparatus, 
 resident at some convenient place in the neighborhood 
 Bond of libra- where the school is kept, and may require such librarian 
 to give bond for the faithful discharge of his duties, and 
 allow him such compensation as they may think reason- 
 able. 
 
 nan. 
 
 teachers, or the acting manager of schools, who should be empowered 
 by the board to assign such studies and lessons to each pupil as the 
 advancement of such pupil and the classification of the school will 
 permit of and justify. When the parent or guardian refuses to per- 
 mit his child or ward to comply with the direction of the school 
 authorities, such disorderly pupil may be suspended from school. 
 Such authority is frequently exercised in the management of our 
 best graded schools, and, in many instances, of our township sub-dis- 
 trict schools. The success of every school requires classification and 
 system, wliich can not be secured if every parent may dictate the 
 studies to be pursued in school by his children. The law wisely vests 
 such power in the school authorities. In case the township board 
 fail to prescribe the studies to be pursued, or to authorize teachers to 
 classify pupils, and assign their respective studies and lessons, the 
 local directors may exercise such authority, though not to the extent, 
 perhaps, of excluding pupils from school for non-compliance with their 
 directions. See Opin. 12. In case neither the board nor the 
 directors empower teachers to determine the studies of pupils, they 
 may still exercise such authority, and refuse to instruct pupils in 
 studies and classes which they have not assigned to them. Parents 
 fceluig aggrieved, may appeal to the local directors, or to the board 
 af education. 
 
 Vocal music or writing may be prescribed by the board as one of 
 the studies to be pursued in the schools under their conti'ol, and a 
 special teacher be employed to give instruction therein, but such 
 special teacher must have a legal certificate from the county board 
 of examiners. 
 
 58. ScHOOL-BOOKS. — Boards of education should permit but one 
 series of books in each branch of study to be used in the schools 
 under their control. Two or three difierent series of readers, geog- 
 raphies, etc., needlessly multiply classes, to the great injury of any 
 school. When the board have adopted a uniform series of school- 
 books to be used in the schools throughout the township, they have 
 full power to compel teachers to comply fully with such action. In
 
 33 
 
 REPORT REQUIRED OF TEACHERS. 
 
 Sec. XVIII. It shall be the duty of the school-teacher to ^jj^t report 
 make out aud file with the township clerk, at the expira- must show. 
 tion of each term of the school, a full aud complete report 
 of the whole number of scholars admitted to the school 
 during such term, distinguishing between male and female, 
 the av'erage attendance, the books used, the branches taught, 
 the number of pupils engaged in the study of each of said 
 branches, and such other statistics as he may be required 
 to make by the township board or local directors, and Teacher not to 
 until such report shall have been certified and filed by the be paid until 
 said teacher as aforesaid, it shall not be lawful for said report is filed, 
 board or local directors to pay said teacher for his or her 
 services.* 
 
 * See supplemental section 6. 
 
 case any teacher, by the order of the local directors or of his owq 
 accord, refuses to yield compliance, the board may order the school- 
 house (of which they have full custody) to be closed, with a loss of 
 time to the teacher, until their action and regulations are obeyed. 
 See section 7. 
 
 59. Librarian. — By section 61, it is made the duty of boards of 
 education to consolidate the library books under their control into a 
 central library. A township librarian should be appointed, and also 
 sub-district librarians in those sub-districts that desire a semi-annual 
 distribution of books to them. 
 
 Section XVIII. 
 
 60. Teachers' Reports. — The woi-d "term" is here used to 
 denote the period during which a school is in continuous session — the 
 period from one vacation to another. In most of the township sub- 
 districts of the State, there are two terms of school each year, and 
 teachers are employed by the term. At the close of a school term 
 the law reciuires the teacher to make out a '' full and complete re- 
 port," and it is not lawful for the clerk to draw an order for the pay- 
 ment of a teacher until such report shall have been certified and fled. 
 Section 53 makes it the duty of the School Commissioner to " pre- 
 scribe suitable forms and regulations for making all reports," and 
 school officers are required to " be governed in accordance tliere- 
 wilh." Section 19 requires school otlicers to report "such other sta- 
 ti.>tics and information relating to schools as the State Commissioner 
 of Scliools may require." It is evident from these provisions that 
 ■\vhuu the School Commissioner supplies blanks for teachers' term 
 rei)orts, and requires such blanks to be properly filled and filed be- 
 fore an order is drawn for the payment of a teacher, the township 
 
 3
 
 34 
 
 BOARD OF EDUCATION REQUIRED TO REPORT TO AUDITOR. 
 
 [As amended April 17, IS/i?. 54 Slat. 237, Sec. 6.] 
 
 Seo. XIX. The board of education in each township 
 9° "^ '^^''"'■^ shall prepare, or cause to be prepared, and forwarded to 
 October. ° the countj auditor, on or before the first day of October,* 
 a statement exhibiting the number of children in the 
 Wliat report township, between the ages of five and twenty-one years, 
 inu'.t show. distinguishing between male and female ; the number of 
 
 * An act providing for recording, printing, and distributing the journals of the general assem- 
 bly, and the laws and public documents. 
 
 [Passed April 8, 1866. bBvol. Stat. 173] 
 
 Sec. 6. All county, tovvaship. city and village officort<, and all officer.s and 
 
 When auditor's boards of officers of all state institutions and buildings, and all officers connect- 
 
 abstract is to be ed with the public works of the state, and all corporations (except such as by 
 
 made to conimis- ^]J^JJ^. charters are required to make their reports at some other specified time) 
 
 which are now. or may hereafter be required by law, to make annual reports 
 
 for any purpose to any state officer or officers, shall make out the same on or 
 
 before the fifth day of November of each year, and forthwith transmit the same to 
 
 the proper officer or officers. For the purpose of making- out all such reports 
 
 as come within the provisions of this section, the year shall begin on the first 
 
 day of November oi each year, and end on thi; last day of October of the suc- 
 
 _ ceeding year ; provided, that the school year shall begin on the first day of September 
 
 annually, and close on the last day of the follomny August ; and all school officers 
 
 and township officers acting as such, who are or may be required to make annual 
 
 educatiou^are to reports to the county auditor, shall make out the same and irausniit them to the 
 
 report to auditor, county auditor on or before the first day of October following the expiration of the 
 
 school year. 
 
 clerk is legally bound to obey such a requirement. At the expira- 
 tion of his terxB of office, the tow^nship clerk is required to deliver to 
 his successor in office " all certificates and reports of teachers re- 
 quired by law to be filed in his office," and in case of failure he is 
 liable to a fine not exceeding fifty dollars. See supplemental sec- 
 tion 8. The length of school terms must be reported '■'■in weeks 
 and fractional parts thereof." 
 
 61. School Year. — The school year begins on the first day of 
 September and ends on the last day of August. See above. The 
 summer term of school should always close before the last day of 
 August. 
 
 62. Daily Register. — Every teacher should keep a daily record 
 of the attendance of each pupil enrolled in his school, and, for this 
 purpose, should be supplied by the township board with a suitable 
 school register. A suitable form for such a register will be found in 
 the appendix. Boards of education have power to supply themselves 
 with all blank-books, order-books, and stationery necessary for the 
 transaction of their official business, and also to supply teachers with 
 registers and necessary stationery. 
 
 Section XIX. 
 
 63. FORPEiTtiRE OF School Funds. — By section 67, it is made 
 unlawful for the county auditor to draw an order authorizing the
 
 35 
 
 schools, specifying tha different grades ; the number of 
 teachers, male and female ; the number of children, male 
 and female, who have attended school during the past 
 year ; the average attendance ; the length of the terms of 
 schools; compensation of teachers, male and female ; the 
 number and condition of the school-houses and furniture, 
 and the estimated value thereof; the number and condi- 
 tion of the books in the school libraries ; the number of 
 libraries ; the kind of school books used in the schools ; 
 the number and value of school apparatus, and a full ac- 
 count of the expenditures for school purposes, together 
 with such other statistics and information in relation to 
 schools as the state commissioner of schools may require. 
 
 CENTRAL OR HIGH SCHOOLS.* 
 
 Sec. XX. Each township board of education shall E«tabii?hraent 
 
 have power, as hereinafter provided, to establish in their ^'^.^^if^ ^J*^^'" 
 
 respective townships such number of graded schools, or children ia. 
 such modifications of them as the public may require; 
 
 * See supplemental section 11. 
 
 county treasurer to pay over any portion of the school fund to the 
 local treasurer of any school district unless there be first deposited 
 with said auditor an abstract of the enumeration of scholars and 
 ^^ other statistics relative to the schools" of such school district as is 
 required by law of teachers, directors and boards of education. 
 
 64. Duty and Liability of Clerk. — By section 40, it is njade 
 the duty of the clerk of the board of education of any toAvnship or 
 special school district to make the annual returns of school statistics 
 to the county auditor, which are required, by section 19, of the board 
 of education ; and in case the township clerk, or the clerk of any 
 board, fails to make such returns, he is liable to a reduction of twenty 
 dollars from his annual salary or allowance, and also to a fine not 
 exceeding twenty-five dollars. 
 
 65. Compensation of Clerk. — The township clerk may and 
 should be allowed by the trustees the same compensation for prepar- 
 ing the annual report of school statistics to the county auditor as is 
 allowed for other services of like nature. See supplemental section 
 2. Such allowance must be paid from the township treasury, not 
 from the school fund. The township board of education can not pay 
 the clerk from the school fund, for any service, unless said clerk is 
 acting manager of schools. Section 13 ; Opin. 40. 
 
 In cities and other special school districts boards of education may 
 allow their clerk or secretary a reasonable compensation for prepar- 
 ing the annual school returns and for other clerical duties, and pay 
 the same from the contingent school fund. Supplemental section 2.
 
 36 
 
 Vote to be 
 taken in es- 
 tablishincf 
 such schools. 
 
 Twenty days' 
 notice to be 
 given. 
 
 Officers of 
 meeting. 
 
 and, in case of the establishment of such graded schools, 
 it shall be the duty of the board so to classify the children 
 of the township as to secure to all, as far as practicable, 
 an equitable participation in the advantages thereof; and 
 the board shall designate the sub-districts by numbering 
 them, and schools of a higher grade than primary shall 
 be known by the appellation of central or high schools. 
 
 Sec. XXI. Whenever, in the opinion of the board of 
 education, it shall become necessary or desirable to pro- 
 vide one or more such central or high schools in their re- 
 spective townships, the said board shall estimate the 
 probable cost thereof, and call a special meeting of the 
 qualitied voters of the township, and who are not resi- 
 dents of any of the territory or districts named in the 
 first section of this act, over which the jurisdiction of the 
 township and local directors is excluded, at the usual 
 place of holding elections, first giving twenty days' notice 
 of the time and object of holding such meeting, by post- 
 ing the same in some public place in each of the several 
 sub-districts of the township ; in which notice the amount 
 or rate of tax, as estimated by the board, shall be stated, 
 and the electors, when convened in pursuance of such no- 
 tice, shall decide by vote any questions which may be 
 deemed important in relation to the cost and location of 
 the building or buildings, or other provisions necessary 
 for the establishment of any such school, and also the 
 amount of township tax which may be levied for the pur- 
 pose; and the chairman and clerk of the board shall be 
 chairman and clerk of the meeting, and the clerk shall 
 record in the records of the board the action of the meet- 
 ing, and the board shall be governed by the direction and 
 vote of said meeting in relation to the subjects or matters 
 so submitted. 
 
 Sections XX. and XXI. 
 
 66. Central High Schools. — When a central or high sclioo 
 has been once established in a township by a vote of the ek^ctors, 
 the same may be sustained from year to year by the board of educa- 
 tion without again submitting the question to a vote of the people. 
 See section 22. 
 
 By an act passed January 24, 1859 (supplemental section 11), a 
 township and village may unite to establish a high school. 
 
 67. Graded Sub-District Schools. — Boards of education have 
 full power to establish graded schools in sub-districts without submit- 
 ting the question to a vote of the people ; and wherever the popula- 
 tion is sufficiently dense to afford the requisite number of scholars to 
 form a school with two departments, one for the larger pupils an d
 
 37 
 
 ANNUAL ESTIMATES FOR SCHOOL AND SCHOOL-HOUSE PURPOSES. 
 [As amended March 18, 18f)4. 61 Stat. 31. Sec. 1.] 
 
 Sec. XXII. It shall be the duty of the board of edu- ^nnual esti- 
 cation of any organized township of the state annually to 
 determine by estimate, as near as practicable, the entire Local levies 
 amount of money necessary to be expended in the town- consolidated, 
 ship for school and school-house purposes, including the 
 sustaining of teachers in central or high schools, the pro- 
 longing of the terms of the several sub-district or primary 
 schools, after the state funds have been exhausted, the 
 erecting, repairing, or furnishing of school-houses, and 
 any other school purpose, not exceeding three mills on the Three mills, 
 dollar of the taxable property of the township ; and if any 
 board of education shall in any one year fail or refuse to 
 estimate and certify a levy or levies sufficient to provide 
 for six months' tuition in their district, or to provide a 
 
 one for the smaller, without embracing too much territory hi the sub- 
 district, the organization of such a graded school is exceedhigly de- 
 sirable. A sub-district school with two departments is much superior 
 to two separate unclassified schools. 
 
 Section XXII. 
 
 68. Annual Estimates. — The annual estimates of the board of 
 education should include, 1. The amount of money required to pro- 
 long the sub-district schools after the state funds have been exhausted ; 
 
 2. The amount required for fuel and other contingent expenses ; 
 
 3. The amount required for purchasing sites and for building, repair- 
 ing, and furnishing school-houses ; 4. The amount required to sus- 
 tain teachers in central high schools ; 5. Any additional amount for 
 building purposes, or for establishing central high school, which may 
 have been voted at a special meeting of electors. These several 
 amounts of money (not rates of levy,) so estimated and certified to 
 the county auditor, should be assessed by the auditor as one levy "for 
 school and school-house purposes." For form of certificate see ap- 
 pendix. No sub-district tax can he levied, except to satisfy a judgment, 
 as provided in section 64. 
 
 Inasmuch as treasurers and clerks are required to keep separate 
 accounts of the "tuition fund" and the "school-house and contingent 
 fund," the auditor, in keeping his accounts with the several townships, 
 should credit each of these two funds with the proper amount pro- 
 duced by the levy. See section 37. 
 
 N. B. The estimates Jor prolonging the sub-district schools should 
 he made with great care, since a failure to provide sufficient funds to
 
 38 
 
 suitable school house in each siib-clistrict, it shall be the 
 Coun<ycom- duty of the county commissioners of the county within 
 may certify to which such district is located, upon beina; advised and 
 auditor. Satisfied thereof, to estimate and cause said levies to be 
 
 made and entered, upon the tax duplicate the same as 
 ^ could have been done u])on the estimate and certificate of 
 
 such board : provided, that if, in the opinion of the town- 
 ship board of education, a greater tax than the aforesaid 
 three mills shall be necessary, during any year, for the 
 purpose of purchasing sites or erecting school-houses, or 
 for both purposes, the board shall call a special meeting 
 Meeting of of the qualified voters of the school district over which 
 qualified vo- -j-j^^^y have jurisdiction, which meeting shall be called and 
 
 tcrs on ques- i i i • ,i -i i • .1 t ^■ 
 
 tion of greater held in the manner prescribed in the preceding section, 
 tax for build- aud shall decide by vote the question whether such greater 
 ing purposes. ^.^^^^ q^. ^^^ other greater tax for said purposes, than the 
 
 sustain them, on an average, at least twenty-four weelas each year, for- 
 feits the totvnship's share of the state school fund. Section 24. 
 
 69. Rates op School Levies. — The estimates of township 
 boards for school and school-house purposes, cannot exceed three mills 
 on the dollar ; and the estimates of city and village boards acting under 
 the laws specified in the last clause of this section, cannot exceed four 
 mills. By an act passed March 25, 1864, the local school levy in 
 cities of the first class, having a population exceeding one hundred 
 thou^^and inhabitants, cannot exceed two mills ; in cities having a 
 population of over forty thousand and less than one hundred thou- 
 sand, not exceeding three mills ; and in all other cities of the first 
 class, and in cities of the second class, not exceeding four mills. 
 See index. The qualified voters of a township, or of a city or vil- 
 lage organized as to schools, under either of the laws specified in sec- 
 tion 22, may vote an additional levy for school-house purposes. An 
 act passed March 8, 1865, (see page 40,) authorizes boards of educa- 
 tion of cities and incorporated villages to borrow money for school- 
 house purposes wdien a majority of the qualified voters so decide. 
 The state levy for school purposes is one and three tenths mills. See 
 section 63. 
 
 70. Estimates for Joint Sub-Districts. — The annual esti- 
 mates for the support of a joint sub-district school, must be made and 
 certified to the auditor by the board having control of such joint 
 school, separate from the estimates for other school purposes. The 
 certificate should show, 1. The amount required for the payment of 
 teachers, in addition to the state funds ; 2. The amount required to 
 pay all school-house and contingent expenses ; 3. The share of these 
 estimates to be raised by each township having territory in such joint
 
 39 
 
 aforesaid three mills on the dollar, shall he raised. These 
 several amoimts of money so estimated or decided upon, ^"^S mates to 
 the board shall make known by certificate in writing, on auditor. 
 or before the first Monday in June, in such year, inclu- 
 ding any tax which may have been voted by a special 
 meeting of electors, as provided in the preceding section, 
 to the auditor of the proper county, who shall thereupon 
 assess the entire amount of such estimates on all the taxa- Township 
 ble property of the township not included in any city or ^^^y- 
 incorporated village, or territory annexed thereto forming 
 any special district, to be entered by said auditor on the 
 tax duplicate of the county, and collected by the county 
 treasurer at the same time and in the same manner as 
 state and county taxes are collected ; and when collected, 
 shall be paid over to the treasurer of the proper township, 
 on the order of the county auditor; and said county 
 treasurer shall be entitled to receive for collections one 7, .agurer's tea 
 per cent, on all moneys by him collected tor school purpo- oue perceat. 
 ses, and no more : provided, that boards of education in 
 
 sub-district, on the basis of the enumeration. Instead of making a 
 separate levy for these estimates, the county auditor is required to 
 add the same to the annual estimates for school and school-house pur- 
 poses of each township so united, and to assess and collect the same 
 as a part of such township estimates, the whole making but one levy. 
 Should the estimates of the adjoining township or townships require 
 a levy of three mills, the estimates for the joint sub-district school 
 must still be added by the auditor. 
 
 71. County Commissioners to Certify Estimates. — It some- 
 times happens that a majority of the members of a board of education 
 are too selfish and illiberal to be willing to cause a township tax to be 
 levied, to provide a suitable school-house for a given sub-district, how- 
 ever urgent may be the need of better school accommodations in such 
 sub-district. This fact induced the legislature, when amending the 
 school law in 1864, to authorize and require county commissioners to 
 act for and in lieu of a board of education when advised and satisfied 
 that such board has, without good and sufficient reasons, failed or 
 refused to certify to the auditor the necessary estimates for sustaining 
 a good school twenty-four weeks, or for providing a suitable school- 
 house, in a given sub-district. The failure of the board may be report- 
 ed to the commissioners by the township clerk, by the local directors 
 of the sub-districts, or by any other persons interested, or the inhabit- 
 ants of the sub-district may petition the commissioners. 
 
 72. E,a,te Bills. — Neither the local directors nor the board of 
 education have authority, under any pretence or for any purpose
 
 40 
 
 Cities and vil- 
 lages may levy 
 four mills: 
 
 Special meet- 
 ing. 
 
 Boards of educa- 
 tion may submit 
 question of pur- 
 chasing site and 
 building school- 
 houses to qualifi- 
 ed voters. 
 
 — and may bor- 
 row money and 
 issue bonds. 
 
 cities and incorporated villages, organized and governed, 
 with the territory annexed to the same for school purpo- 
 ses, by the provisions of the act to which this act is amend- 
 atory, or by the act for the better regulation of public 
 schools in cities, towns, &c,, passed February 21, 1849, or 
 by the act for the support and better regulation of com- 
 mon schools in the town of Akron, passed February 8, 
 1847, and the acts amendatory thereto, shall have the 
 power to levy taxes for school and school-house purposes, 
 not exceeding four mills, and to call a special meeting of 
 the qualified voters, to decide the question whether a 
 greater tax for school-house purposes than the aforesaid 
 four mills shall be levied, as is herein conferred upon 
 boards of education in townships.* 
 
 *An act supplementary to an act passed March IS, 1864, entitled " an act to amend and supple- 
 mentary to an act entitled ' an act to provide for the organization, supervision and main- 
 tenance of common school?.' " passed March 14, 1853, and the acts amendatory thereto ; 
 also, supplementary to " an act for the support and better regulation of common schools in 
 the town of Akron," passed February 8, 1847, and the acts amendatory thereto; also, sup- 
 plementary to " an act for the better regulation of the public schools in cities, towns, &c." 
 passed February 21, 1849, and the acts amendatory thereto. 
 
 [Passed March 8, 1865. 62 vol. Stat 40.] 
 
 Sec. 1. Be it enacted by the General Assembly of tlie State of Ohio, That when 
 the board of education of any city or incorporated town or village f^hall deter- 
 mine that it is necepsary to purchase a site and erect a school house thereon, 
 or to do either, for the proper accommodation of the schools of s-uch city, town 
 or village, under the provisions of said act. and if s-aid board shall be of opin- 
 imi that the necessities of the schools in said city, town or village rt quire the 
 immediate purchase of such site, or erection of such school house, or both, said 
 board of education are authorized to submit to the qualitied voters at any meet- 
 ing called by them for the purpose of determining the question of levying a 
 tax for such purpose, the further question whether said levy shall be continued 
 to be made from year to year until the amount so estimated shall be raised ; 
 and if a majority of the qualified voters shall vote in tavor of the sum proposed 
 to be raised and the levy of taxes yearly to raise the same, said board ot edu- 
 cation shall certify the same annually to the county auditor, who shall place 
 the same upon the tax duplicate in like manner as other taxes certifitd by 
 boards of education of cities, towns or villages are required to be assessed by 
 him under said act, and to enable said boards of education to anticipate the 
 moneys to be raised and to purchase such site, or erect such school house, they 
 are hereby authorized to borrow such sum of money so estimated and voted, 
 and to issue notes or bonds therefor, bearing interest not exceeding six per 
 cent., and for such sums, and payable at such times as may be justified under 
 the limitations as to amount of levy in said act of March 18. 18(j4, prescribed. 
 
 Sec, 2. This act shall take eifect and be in force from and after its passage. 
 
 CHARLES H. BABCOCK. 
 Speaker pro tern, of the Ilmiife of Repreisentatives. 
 (JHAiiLES ANDEKSOiN, 
 
 President of the Senate. 
 
 whatever, to make out rate bills against those sending to a common 
 school. The "thorough and efficient system of common schools' 
 •which the constitution requires, must affi^rd "the advantages of aj^ee 
 education to all the youth of this state." Section 63. A school sus- 
 tained in any sub-district by subscription, is not a common school, and 
 cannot be so reported. Boards of education may receive 1 1 . ; . 
 and use the same for the benefit of a given school.
 
 41 
 
 Section XXIII. [Repealed by an act passed April 30, 1 862. 
 9 vol. Stat. p. 71, Sec. 9.] 
 
 DISBURSEMENT OF SCHOOL FUNDS. 
 [As amended March 28. 1865. 62 Stat. 62, Sec. 2.] 
 
 Sec. XXIV. All school funds which may come into the ^^^ ^?^^^ *" 
 hands of the township treasurer, from whatever source, dkectfon^of'^ 
 shall be paid out only on the order of the clerk of the board, except 
 board of education, under the direction of the board ; tuition fuad. 
 except, in paying teachers for their services, the said q] ^ t d 
 clerk may, on such teachers presenting their certificates orders for 
 of qualification, and depositing with the clerk true copies teachers' pay. 
 thereof, draw the requisite orders on the treasurer for 
 such amount as may have been certified to be due by any 
 
 Section XXIV. 
 
 73. Disbursement of Contingent Fund. — The custom which 
 has prevailed in some townships, of dividing up the contingent fund 
 and placing the same in the hands of the local directors of the several 
 sub-diatricts, to be paid out as the money may be needed, is clearly 
 illegal. All school funds must be retained in the custody of the town- 
 ship treasurer until drawn out for the payment of specified expenses. 
 Section 7 makes it the duty of local directors to report all contracts, 
 made under the provisions of that section, to the township board, at 
 tlieir next meeting after the making of such contracts, for payment. 
 Inasmuch as the meetings of the board are not frequent, the clerk 
 may be authorized by the board to draw the requisite orders for 
 amounts certified by local directors to be due on contracts made by 
 them under the dii*ection of the board. See section 7. All orders 
 issued by the clerk should state for what specific purpose they are drawn. 
 
 74. Payment of Teachers. — It is the duty of the township 
 clerk to draw the requisite orders for the payment of teachers only 
 when each of the following documents are presented to him: 1. A 
 written statement of the amount due, certified by any two of the local 
 directors of the proper sub-district. 2. A legal certificate of quahfi- 
 cation, or a true copy thereof, from the proper board of school exam- 
 iners, covering the entire time of the teacher's services. Section 45. 
 3. A full and complete term report made out in accordance with the 
 instructions of the Commissioner of Common Schools. Section 18. 
 Each of these three documents must be carefully filed by the clerk 
 and handed over to his successor in oflRce. Supplemental section 8. 
 An assistant teacher who has not a legal certificate, cannot be paid 
 through an order drawn in favor of another teacher who has a certifi- 
 cate, nor can an uncertificated teacher who is employed as a substi-
 
 42 
 
 two of the local directors of the proper sub-district in 
 state school which the teacher was employed; and so much of the 
 
 lunds to pay , , • -..iii c ,^ , 
 
 teachers. Bchool moneys coming into the hands ot the treasurer as 
 
 may he derived from the state tax, or from such school 
 funds as arise from the sale or rents of section sixteen, or 
 other school lands, shall be applicable only to the pay- 
 ment of teachers in the proper township^ and shall be 
 To be distrib- drawn for no other purpose whatever ; and all school 
 uted OL Lasis funds made applicable to the payment of teachers only,* 
 tioa?"™^'*'^ shall be distributed to the several sub-districts, aud frac- 
 tional parts thereof, in the township, in proportion to the 
 enumeration of scholars, with the exception of so much 
 
 * School funds arising from the township tax and set apart for the prolongation 
 of the terms of the Pub-district schools, are not included. Such fuiM^ are not 
 to be distributed on the basis of eniunpration. On the contrary, the smaller sub- 
 districts are entitled to the greater share of them. 
 
 fute, receive pay through another teacher. Section 45 provides that 
 " no person shall be employed as a teacher" who has not a legal cer- 
 tificate It is the duty of the township clerk to refuse to draw an 
 order for the payment of money from the school fund when he has 
 satisfactory evidence that any portion of such money is to be used for 
 the payment of a teacher not possessing a legal certificate. A legal 
 certificate must cover the entire time of the teacher's services, aud 
 such certificate can neither directly nor indirectly be made to legalize 
 another teacher's services. 
 
 When a teacher files a copy of a certificate with a township clerk, 
 the clerk should record the fact, with the date, across the back of the 
 
 original certificate, thus : True copy filed with the clerk of 
 
 township, county, Ohio, 18 6-. , Tp. Clk. 
 
 75. Township School Fund. — All school funds arising from a 
 township tax, and not levied by a vote of electors nor to sustain 
 teachers in high schools, may, at the discretion of the township board, 
 be divided into two separate funds: a " tuition fund" (for prolonging 
 the schools), and a " school-house and contingent fund." This divis- 
 ion of the township school fund should usually be made in accordance 
 with the annual estimates certified to the auditor, but when the board 
 of education find that such estimates were not properly made, they 
 may reapportion such township funds, transferring, for example, so 
 much of the contingent fund to the tuition fund as they may deem 
 necessary. 
 
 N. B. When the township school funds have been divided by the 
 board, and one portion set apart for prolonging the schools and the 
 other portion for school-house and contingent purposes, they must he 
 so disbui'sed hy the township treasurer. Pie has no authority to pay
 
 43 
 
 of the township tax as may have been levied and reserved 
 by the board, for sustaining teachers in the central or 
 high schools; and such school funds as arise from the sale 
 or rents of section sixteen, or other lands in lieu thereof, Section six- 
 shall be distributed to the localities to which such funds '^"°- 
 belong. All other school funds of the township not What funds to 
 derived from the state tax nor from the sales or rents of proem-m'?^ 
 school lands nor raised for the central schools or other sites, buifding, 
 special purpose, and with the exception of so much of the ^^ 
 townsliip tax as may be set apart for the continuation of 
 the schools after the state funds have been exhausted, 
 shall be applied, under the direction of the board, in pro- 
 curing school-house sites, building, furnishing and repair- 
 
 an Older drawn for the payment of a teacher from the contingent 
 fund, nor vice versa. 
 
 76. Apportionment and Disbursement of School Fundsi. 
 — All school funds coming into the hands of the township treasurer 
 must be distributed and disbursed as follows : 
 
 1. JMonejs derived from the State tax must be distributed to the 
 several sub-districts and fractional parts of joint sub-districts in pro- 
 portion to the enumeration of youth, and applied onip to the payment 
 of teachers. 
 
 2. Moneys arising from the rent of, or the interest on the proceeds 
 of the sale of section sixteen or other school lands (called irreducible 
 school funds), must be distributed to the sub-districts to which such 
 funds belong, and applied onli/ to the payment of teachers in such 
 sub-districts. 
 
 3. JMoneys derived from the township tax and set apart by the 
 board for the continuation of the schools, must be so distributed, that 
 the smaller sub-districts " shall be able to continue their schools the 
 same length of time as the larger sub-districts." In other words, such 
 moneys must be so distributed that the schools in the several sub- 
 districts may be sustained an equal number of months during each 
 scliool year. 
 
 4. Moneys derived from the township tax and reserved by the 
 board for sustaining teachers in central or high schools, must be ap- 
 plied to tiiat purpose. 
 
 5. Moneys derived from the township tax and estimated and levied 
 for the support of joint sub-district schools, must be paid over to the 
 proper treasurer (section 16) and applied exclusively to the support 
 of such joint sub-district schools. 
 
 6. All other school funds must be apphed, under the direction of 
 the board, in procuring school-house sites, building, repairing and 
 furiiiihing school-houses, and in making such other provisions for the
 
 44 
 
 Township tui- 
 tion fun(l--how 
 to be distrib- 
 uted. 
 
 How long 
 scliools to be 
 continued in 
 operation. 
 
 ins; school-houses, providing fuel, and in making' such 
 other provisions for schools in the sub-districts of the 
 proper township, as may, in the opinion of the board, be 
 necessary ; and so much of the township tax as may be 
 set apart for the continuation of the schools, shall be so 
 apportioned that those sub-districts that contain com- 
 paratively a small number of resident youth of school 
 age, shall be able to continue their schools the same 
 length of time as the larger sub-districts ; and the board 
 of education of each township, city or village, shall make 
 the necessary provisions for continuing the schools in 
 
 schools of the several sub-districts as may, ia the opinion of the board 
 be necessary. 
 
 N. B. Inasmuch as the larger sub-districts receive more of the 
 State funds than the smaller sub-districts, the smaller are entitled to 
 proportionally more of the township tuition fund than the larger. If, 
 however, the larger sub-districts contain two schools, or otherwise 
 actually require more tuition money than the smaller sub-districts, to 
 sustain their schools an equal length of time, they are entitled to 
 more. The larger sub-districts may, in some instances, be obliged to 
 pay higher wages than the smaller. The intention of the law is to 
 require boards of education to provide the necessary funds, all the 
 circumstances being duly considered, for continuing the schools of the 
 several sub-districts an equal length of time. In case the township 
 tuition fund is distributed by the board illegally, complaint should be 
 made to the State Commissioner of Schools, who is required, by section 
 52, to secure the distribution of all school fiinds " according to law." 
 
 77. Forfeiture of State School Funds. — A township or 
 separate school district forfeits its annual share of the school fund 
 arising from the State tax, if the board of education of such township 
 or separate district fail to make the necessary provision for continuing 
 the schools therein in operation, on an average, at least twenty-four 
 weeks during the year. If the several sub-district schools of a town- 
 ship are, hereafter, kept in operation less than twenty-four weeks, 
 the board of education must be able to show that the necessary funds 
 were provided. A sub-district cannot forfeit its share of the StatB 
 funds, except in common with the other sub-districts of a township. 
 The term " separate school district" is used in the school law to desig- 
 nate a city or incorporated village which, with the territory annexed 
 for school purposes, is organized and governed, as to schools, separate 
 from and independent of the township in which such city or village 
 may be situated. The provision of the law relating to a forfeiture of 
 State school funds, applies only to entire townships and to cities and 
 incorporated villages.
 
 45 
 
 operation in their respective townships, or separate school 
 districts, for at least twenty-four weeks in each year ; and ^^^^./ptate* 
 in case the board of education of any townsliip or sepa- gchool funds, 
 rate school district shall fail to make the necessary pro- 
 visions for continuing the schools therein in operation 
 the lengtli of time herein required, such township or sepa- 
 rate school district shall not be entitled to any portion of 
 the school fund arising from the state tax, during the next 
 succeeding school year, and such forfeited state school 
 funds shall be distributed to the other several townships 
 of the county, in proportion to the enumeration of youth, 
 
 It is the duty of local directors to continue the schools in operation 
 in their respective sub-districts at least twenty-four weeks each year, 
 whether or not the township board have supplied the necessary funds. 
 See section 6 ; Opin. 15. 
 
 78. Surplus Tuition Funds. — If the local directors of any sub- 
 district fail, without good reasons for doing so, to continue their 
 school in operation each school year until all the tuition funds appor- 
 tioned to such sub-district are exhausted, the township board may 
 reapportion so much of such surplus funds as was derived from the 
 township tax, but they cannot take from a sub-district any portion of 
 the State funds that may be unexpended. Tiie board may, however, 
 in their next apportionment of the township tuition fund, take into 
 account the fact that a sub-district has to its credit a surplus of State 
 funds which were not expended during the preceding school year. 
 The reapportionment of township tuition funds, if done at all, should 
 be made at the annual meeting in September, or soon thereafter. 
 
 79. Teacheu's Boakd. — There is no legal authority for stipu- 
 latine: in a contract with a teacher that he shall " board around," since 
 
 D 
 
 such a conti'act cannot be entbrced on the inhabitants of a sub-district. 
 A patron of a common school cannot be obliged to board a teacher 
 gratuitously. Local directors have full authority to emi)loy teachers 
 and include their board in the wages agreed upon, and the township 
 board must make the necessary provisions for fultilling such contracts. 
 But thei-e is no serious legal objection to the custom of having 
 teachers *■ board around," provided all the inhabitants of a sub- 
 district agree to it, and provided, also, the custom is unitbrm through- 
 out all the sub-disti'icts in the township. If the wages of teachers in 
 some sub-districts include the cost oi their board, but not in others, 
 the expense of sustaining the schools would rest very unequally upon 
 the inhabitants of a township. It is desirable that the teachers m all 
 the sub-districts should "board around," which the township board 
 have no power to require, or else ail should board themselves, li',
 
 46 
 
 Board of edu- 
 cation individ- 
 ually respon- 
 sible for for- 
 feiture of 
 funds. 
 
 and sncb of the members of said board of education as 
 shall neglect or refuse to comply with the provisions of 
 this section, shall be individually responsible for all losses 
 sustained by any township or district by reason of such 
 neglect or refusal to comply with the provisions of this 
 section, and shall be jointly and severally liable for the 
 same in a civil action in the name of the state of Ohio ; 
 and the amounts so recovered shall be apportioned to the 
 several sub-districts in the same manner as the school 
 funds would have been. 
 
 Duties of ' 
 clerk, etc. 
 
 Record to be 
 kept. 
 
 Penalty for 
 neglect. 
 
 DIVISION OF DUTIES, AND LIABILITY OF CLERK. 
 
 Sec. XXV. The clerk of the board of education, or any 
 one or more of the board designated for that purpose, or 
 the acting manager of schools of the township, may do 
 and perform all such duties and services connected with 
 the interests of schools, as the board may direct, and re- 
 port the same to the board for their action and approval; 
 and it shall be the duty of the clerk of the board to keep 
 a full record thereof, in connection with the records of 
 the other official proceedings of the board ; and, in case 
 of failure to keep such record, or other records required 
 by this act, the clerk of the board shall be liable in a civil 
 action for all loss or damages that may ensue to any per- 
 son or persons, or to the school district, in the name of 
 such person or persons, or board of school directors, as 
 the case may be, and shall, moreover, be liable, on com- 
 
 however, the inhabitants of a sub-district wish to sustain their schools 
 longer than the other sub-districts, there can be no objection to their 
 boarding the teachers as a gratuity, to secure this end. 
 
 The custom of teachers "boarding around" had its origin in a 
 desire to diminish the amount of i-ate-bills which were formerly as- 
 sessed on the patrons of a school to defray its expenses. But the 
 system of rate-bills was abolished in 1853, and the custom of " board- 
 ing around" may, with great propriety, be abolished also. 
 
 80. Private Schools. — Boards of education have no authority 
 to appropriate funds for the payment of the tuition of pupils in 
 schools which are not under their exclusive control ; nor can one 
 dollar of the school fund, under any pretense, be appropriated toward 
 the providing of accommodations for such a school. 
 
 Section XXV. 
 
 81. Pat of Clerk and Acting Manager. — The township 
 derk may be appointed acting manager of schools, and for his ser- 
 vices as acting manager be paid a "reasonable compensation " from 
 the contingent school fund (section 13) ; but for all clerical duties he
 
 47 
 
 plaint filed iu the name of the state of Ohio, before any 
 justice of the peace, or other court having jurisdiction, to 
 a fine, not exceeding one hundred dollars, which, when 
 collected, shall be paid over to the treasurer of the proper 
 township, for the benefit of schools. 
 
 SETTLEMENT WITH TREASURER. 
 
 Sec. XXVI. It shall be the duty of the board of educa- 
 tion to make settlement with the township treasurer at their 
 regular session in April, annually ; but if, for want of 
 time, or other reason, a settlement can not be made at 
 said session, then it shall be the duty of the board to ap- 
 point a committee composed of one or more of their own 
 members, to make such settlement as soon as practica- 
 ble, and report the result to the clerk of the board, who 
 shall record an abstract thereof iu the records of the board. 
 
 TREASURER, AND HIS DUTIES. 
 
 Sec. XXVII. The township treasurer, in each town- 
 ship, shall be the treasurer of all school funds for school 
 purposes, belonging to the township, arising from whatever 
 sources; and on his election, and before entering upon 
 the duties of his otfice, he shall give bond, with sutficient 
 security, in double the probable amount of money that 
 shall come into his hands, payable to the state of Ohio, 
 to be approved by the trustees of the township, con- 
 ditioned for the faithful disbursement, according to law, of 
 all such funds as shall from time to time come into his 
 hands, and, on the forfeiture of such bond, it shall be the 
 duty of the township clerk to prosecute and collect the 
 same for the use of the schools in the township ; if such 
 township clerk shall neglect or refuse to so prosecute, 
 then any freeholder may cause such prosecution to be in- 
 stituted. 
 
 Board to set- 
 tle with town- 
 ship treasurer. 
 
 Dnties of 
 township 
 treasurer ; to 
 give bond ; its 
 cooditioa. etc. 
 
 When towQ- 
 ship clerl£8 to 
 prosecute. 
 
 must be paid from the township treasury by the township trustees. 
 Supplemental section 2. No member of a board of education can 
 receive any compensation for his services as member of "said board. 
 Supplemental section 2. 
 
 82. Record op Proceedings. — See section 10. 
 
 Section XXVL 
 
 83. Settlement with Treasurer. — The object of this settle- 
 ment is clearly to make the new board of education acquainted 
 with the actual condition of the several school funds so that the annual 
 estimates may be made intelligently. If the treasurer's accounts are 
 properly kept, the settlement here required will cost very little trou- 
 ble. The settlement should, if possible, be made at the annual 
 meeting ; if this is impracticable, the annual estimates may be 
 
 made at an adjourned meeting.
 
 48 
 
 Certificate of 
 bond 10 he "^ 
 filed with au-' 
 ditor. 
 
 Compensation 
 of treasurer. 
 
 Treasurer 
 must make 
 annual state- 
 ment to au- 
 ditor. 
 
 Penalty for 
 failure. 
 
 [.4s amended March 18, 1864. 61 Stat. 32, See. 2.] 
 
 Sec. XXVIII. Before the county auditor shall issue to 
 the township treasurer any order on the county treasurer 
 for the payment of any school funds belon^s^ing to the town- 
 ship, such township treasurer shall furnish the auditor 
 with a certificate from the township clerk, that such treas- 
 urer has executed and filed with him a bond, as provided 
 for in the foregoing section, and also stating the amount 
 of said bond ; and the auditor shall in no case permit the 
 township treasurer to have in his hands, at any one time, 
 an amount of school funds over one half the amount of 
 the penalty in such bond; and the township trustees shall 
 allow the township treasurer a compensation equal to one 
 per cent on all school funds disbursed by him, to be paid 
 on the order of the trustees, out of the township treas- 
 ury; provided, that said township treasurer shall annu- 
 ally, on or before the 20th day of September, prepare and 
 forward to the county auditor, a statement exhibiting the 
 amount of school moneys received from the various 
 sources during the school year ending August 31, and the 
 amount of school moneys disbursed during the year for 
 the payment of teachers, for sites and building purposes, 
 and for fuel and other contingent expenses ; and in case 
 the township treasurer shall fail, from any cause, to make 
 return of such statement as aforesaid, it shall be the duty 
 of the township trustees to deduct for every such failure, 
 from the compensation allowed the treasurer under this 
 section, the sum of twenty-five dollars. 
 
 Sections XXVIL—XXX. 
 
 84. Rents of School Lands. — The annual proceeds from the 
 rents of section sixteen or other lands in lieu thereof must be paid 
 over by the treasurer of the board of trustees elected to take charge 
 of said lands, to the township treasurer, to be distributed to the local- 
 ities or sub-districts to which such funds belong, as provided in sec- 
 tion 24. Section 9 of an act to incorporate the original surveyed 
 townships, passed March 14, 1831, requires the treasurer of moneys 
 arising from the rents of section sixteen, to pay them over " to the 
 treasurers of the several school districts," but the school law of 1853 
 abohshed the office of treasurer in school districts, now called sub- 
 districts, and made the township treasurer, " the treasurer of all 
 school funds for school purposes, belonging to the township, arising 
 from whatever sources." 
 
 85. Tuition of Non-Resident Pupils. — Money received for 
 the tuition of non-resident pupils in any sub-district must be paid 
 over to the township treasurer, to be placed to the credit of the sub-
 
 49 
 
 [As amended March 18, 1RC4. 61 vol. Slat. 32. Sec. 3.] 
 
 Sec. XXrX. The towns^hip treasurer shall, annnally, 
 between the tenth day of February and the lirst day of 
 March, settle with the countj' auditor, and account to 
 him for all moneys received, from whom and on what 
 account, and the amount paid out for school purposes in 
 his township ; the auditor shall examine the vouchors for 
 such payments, and, if satisiied with the correctness there- 
 of, shall certify the same, which certificate shall be prima 
 facie a discharge of such treasurer ; and at the expiration 
 of his term of service, said treasurer shall deliver over to 
 his successor in office all books and papers, with all mon- 
 eys, or other property in his bands, belonging to said town- 
 ship, or the schools therein, and also all orders he may have 
 redeemed since his last settlement with the county auditor, 
 and take the receipt of his successor therefor, which he 
 shall deposit with the township clerk wuthin ten days 
 thereafter; and for making such annual settlements he 
 shall be entitled to receive the sum of one dollar, and five 
 cents per mile for traveling to and from the county seat, 
 to be paid out of the county treasury, on the order of the 
 county auditor. 
 
 Settlement of 
 auditor »ni 
 treusurtfi-. 
 
 Auditor-B o«r- 
 tificate. 
 
 Tmapurer U> 
 deliver oYtr 
 books, pappT«, 
 
 fctO. 
 
 Treasurer's re- 
 ceipt, et«. 
 
 Comp nftatioa 
 for making; 
 
 Si-Ulumeut. 
 
 district, and disbursed on the order of the township clerk. Local 
 directors can not receive and disburse such tuition money, nor can 
 they authorize the teacher to receive it. 
 
 86. Compensation of Treasurer. — The township treasurer 
 can not be paid out of the school fund. The law provides that "the 
 township trustees shall allow the township treasurer a compensation 
 equal to one per cent, on (not of) all school funds disbursed by him. 
 to be paid on the order of the trustees, out of the toivnship treasury." 
 The compensation alloAved iw disbursing building funds can only be 
 one per cent., the same as for disbursing other school funds. Boards 
 of education in cities and other separate school districts, not organ- 
 ized under the general school law, may allow their treasurers a rea- 
 sonable compensation out of the contingent school funds under their 
 control. Supplemental section 2. Treasurers of cities and incor- 
 porated villages organized as to schools under the general school law, 
 are to be paid by the corporation council out of the corporation 
 treasury. Section 34 ; Opin. lOG. 
 
 87. Treasurers of Separate School Districts. — By section 
 
 10 of an act passed March 10, 1864 (supp. sec. 1), it is made the duty of 
 
 the treasurer of school funds in any city or town, under any school law 
 
 of the State, general or special, to file a certificate of bond with the 
 
 county auditor as is required by section 28 of township treasurers ; 
 
 and also to make an annual settlement with the auditor in February. 
 4 ^
 
 Penalty g^c. XXX. In case the township treasurer shall fail to 
 
 affainst town- i i i ^^i j^ -.i • .1 ^• 
 
 ship treasurer. ^^^'^^ sucli annual Settlement within the time as pre- 
 scribed in the preceding section, he shall be liable to pay 
 a tine of fifty dollars, to be recovered in a civil action in 
 the name of the state of Ohio, and, wlien collected, to be 
 applied to the use of common schools in the proper town- 
 ship ; and it is hereby made the duty of the county aud- 
 itor to proceed forthwith, in case of such failure, by suit, 
 against such treasurer, before any justice of the peace of 
 his county, to recover the penalty aforesaid ; but when it 
 shall appear, on trial, to the satisfaction of said justice, 
 that said treasurer was prevented from making such set- 
 tlement within the time prescribed, by sickness, or un- 
 avoidable absence from home, and that such settlement 
 has since been actually made, it shall be lawful for the 
 justice to discharge such treasurer, on the payment of 
 costs. 
 
 SCHOOLS FOR COLORED YOUTH. 
 [.4s amended March 18, 18(i4. 61 vol. Stat. 32, 4fec. 4.] 
 
 Sec, XXXI. The township boards of education in this 
 state, in their respective townships, and the several other 
 boards of education, and the trustees, visitors and direct- 
 ors of schools, or other officers having authority in the 
 
 and to forward to him in September a statement of tlie receipts and 
 expenditures of scliool funds during the preceding school year. 
 
 88. Illegal Orders. — The county auditor is the legal guardian 
 of the school funds, and it is his duty to refuse to credit treasurers for 
 orders which, in his judgment, have been illegally drawn on school 
 funds. He must be "satisfied with the correctness" of vouchers. 
 When an order does not specify for what the money was drawn, the 
 auditor need not allow the same until corrected by the township 
 clerk. 
 
 Section XXXL 
 
 89. Colored Schools. — When the number of colored youth 
 enumerated in a township or separate school district exceeds twenty, 
 and when of the colored youth so enumeratei^, over twenty reside suf- 
 ficiently near each other to be able to attend the same school, the 
 board of education of such township or separate district, as the case 
 may be, are required, by law, to establish one or more separate schools 
 for such colored youth. The conditional clause, " when such schools 
 will afford them," etc., is explained by the clause near the end of the 
 section, viz : " when owing to the great distance they reside from each 
 other," etc. If over twenty colored youth enumerated can attend the 
 same school, a separate colored school would clearly not be " imprac-
 
 51 
 
 premises, of eaeli city or incorporated village, shall be 
 and they are hereby authorized and required to establish, ^ffgofg^iien 
 within their respective jurisdictions, one or more separate 'the number 
 schools for colored chikh'en, when the whole number, by enumerated 
 enumeration, exceeds twenty, and when such schools will ^Jg^jJ^ 
 afhird them, as far as practicable, the advantages and 
 privileges of a common school education; and all such Under the 
 schools so established for colore<l children, shall be under control of 
 the control and management of the board of education, board, 
 or other school otticers who have in charge the educa- 
 tional interests of the other schools; and such schools 
 
 tieable." Those who reside too for from the colored school, so estab- 
 lished, to attend it, must be otherwise provided with school advan- 
 tages. 
 
 Boards of education are required to continue colored schools in ses- 
 sion " each year, until they have expended their full share of all the 
 school funds of the township or district," including State school funds 
 (State tax and school lands), and all funds raised bj local taxation, 
 whether for prolonging sub-district schools, the building of school- 
 houses, the paying of contingent expenses, or for any other school pur- 
 pose whatever; and i\\Qj may continue such schools the same length 
 of time as the other schools, meeting any excess in their expenses by 
 an ai)propriation from the contingent school fund under the control of 
 the board. Separate schools for colored youth may also be estab- 
 lished by the board of education wdien the number of such youth enu- 
 merated is less than twenty, but the law does not require the estab- 
 lishment of such separate schools. 
 
 90. School-houses for Colored Schools. — The necessary 
 funds with which to build houses for colored schools, are to be raised 
 precisely as funds are raised to build other school-houses, viz : by a 
 general tax on the property of the township or district ; and since a 
 school-house is indispensable in establishing a school, boards of edu- 
 cation are required to provide suitable school-houses for all colored 
 schools under their jurisdiction. In case a board of education neg- 
 lect or refuse to provide a suitable school-house lor a colored school, 
 application may be made to theproper district court or to the supreme 
 court for a writ of mandamus. 
 
 91. Joint District for Colored Youth. — A joint district for 
 colored youth may be formed of parts of two or more townships, and, 
 when organized, is to be supported from the school funds applicable 
 to the purpose, of the several townships, in proportion to the enumer- 
 ation of youth, and such funds may be transferred to the proper treas- 
 urer, as provided in section IG. A school-house forsuch joint colored 
 school must be erected by a tax upon the property of the townships so
 
 52 
 
 for colored children shall be continued in operation each 
 year until the full share of all the school funds of the 
 township or district belonging to said colored children, on 
 the basis of enumeration, shall have been expended : pro- 
 vided, that when the number of colored children residing 
 in adjoining townships or districts, whether in the same 
 or in different counties, shall exceed twenty, the boards 
 of education of said townships or districts so situated, 
 for " colored''^ ^^J form a joint district for the education of colored 
 yeufii. children, and said school shall be under the control and 
 
 direction of the board of education of the township or 
 
 united, in proportion to the enumeration of colored youth in the terri- 
 tory of each contained in the joint district. The estimates may be 
 made and certified to the auditor by the board having charge of such 
 joint school. 
 
 92. Admission op Colored Youth to Common Schools.* — 
 When the whole number of colored children enumerated is less than 
 twenty, or when owing to the great distance they reside from each 
 other, a separate school for them is impracticable, the board of educa- 
 tion are not required, by law, to establish a separate school for such 
 coloi'ed children, but the board are required to set apart and expend 
 ^'' each year" for their education the full share of all school funds 
 raised on the number of said colored children. But hoio ? There are 
 but two ways in which a board can legally expend each year the 
 funds set apart for the education of colored children, viz: (1) by 
 organizing separate schools for such colored children, and employing 
 therein teachers possessing a legal certificate of qualification ; or (2) 
 by admitting them to the common schools and appropriating their 
 share of the school funds to the payment of their tuition in such 
 schools. 
 
 1. By section 24, as amended March 28, 1865, the State school 
 funds (derived from State tax and school lands) are made applicable 
 only to the payment of teachers ; by section 45 (last clause) it is 
 made unlawful to draw an order for the payment of a teacher for ser- 
 vices unless said teacher shall have filed with the clerk a legal certifi- 
 cate of qualification, or a true copy thereof, covering the entire time 
 of such service; and by section 18 it is made unlawful to pay any 
 teacher for his services until such teacher shall have made out and 
 filed a full and complete term report of the "school" taught by such 
 
 * Since the decisiou of the Supreme Court, iu the case of Van Camp vs. Board 
 of Education of Logan (9 O. S. R., 406) was made, section thirty-one of the 
 school law has been amended, and •" fiirthiT and more defmite provision" for 
 the education of colored youth enact'd, as was recomm 'ndid liy the court. 
 When the number of colored youth in a district is too small to justify the orgaa- 
 ization or the continuance of a Fchool for colored youth, school advantages for 
 Buch youth must, under the present law, still be provided •' each year."
 
 63 
 
 district in which the school-honse is situated. When the When less": 
 whole iiumher of colored children enumerated is less than 
 twenty, or when owing to the great distance they reside 
 from each other a separate school for colored children is 
 inipracticahle, the board of education shall set apart the 
 full share of school funds raised on the number of said g^^f apart Vr 
 colored children, and the money so set apart shall be colored youth 
 appropriated each year for the education of such colored to be expend- 
 childreu, under the direction of the board. ^^^ ^^'''" 
 
 teacher. These provisions forbid most positively the expenditure of 
 a dolhir of the State school funds, except for the payment of certifi- 
 cated teachers employed in schools under the exclusive control of the 
 board of education. Temporary schools for colored children, organ- 
 ized and tauglit during the vacation of the other schools, will meet 
 the requirements of the several provisions of the law above cited ; 
 but boards are not i-equired by law to organize such temporary 
 sciiools. 
 
 2. When the number of colored youth in a district is too small to 
 justify the organization of a separate school for them, such colored 
 youth may be admitted by the boai-d to the common schools. Section 
 63 provides a State common school fund " for the purpose of afford- 
 ing the advantages o^ a free education to all the youth of the State f ' 
 section 24 requires such State common school fund, so provided, to be 
 distributed to the several sub-districts of each township and applied 
 only to the payment of teachers ; and the last clause of section 31 re- 
 quires the township board to expend '■'■ each year " the full share of 
 sucli State common sciiool fund and all other school funds set apart 
 for the education of colored youth. Wlienever a separate scliool 
 for colored youth can not be organized each year, even temporarily, 
 it is dillicult to see how the board can comply with these positive re- 
 quirements of the law, except by admitting such colored youth to the 
 common schools. Wliile colored youth may not be entitled, as of legal 
 riyht^ to admission into common schools set apart for the instruction 
 of vvliite youth, they are entitled " to the advantages of &.free educa- 
 tion" and when their admission to the common schools becomes ne- 
 cessary in order that they may receive such free school advantages, 
 it would seem to be the duty of the board to admit them.* Boards 
 of education have full authority to take such action. 
 
 * Till' question i>i raised wtidlitT a statutory provision oxclndinir colored 
 youili of sciumI ag' from 111'' cuiiiiiMii sctiouls wtieii im K«paral(! scliool i- pro- 
 vid 'I lor ihi-in. would b ; const ItulioiKil. Section 2 ot article VI nqiires the 
 G'-rniMl A.SS mbly to inak'j mcl) provision as -'will secure a th rou;ib and 
 effi.ji'-iit xystein of common schools Uiroiijiiiout th" SMle " Webster d lims a 
 common school to be one '• open to the children oi'all the inhuhilanls of llieliAvn." 
 It si'em • cl ar fhai, the State coin'n)n school systiiin nqnircid by the consiita- 
 tioii. must provide school iustructioii for ail classjs of youth, eiiiier in the same 
 oria beparatt! Bchoula.
 
 54 
 
 What cities 
 and villages 
 are separate 
 school dis- 
 tricts under 
 this act. 
 
 Board of edu- 
 cation ; pow- 
 ers and duties. 
 
 CITIES AND INCORPORATED VILLAGES. 
 
 Sec. XXXII. Each city or incorporated village, includ- 
 ing the territor}' annexed to the same for school purposes, 
 not otherwise specially regulated by charter, or governed 
 as to schools by laws as specified in the sixty-seventh sec- 
 tion of this act, and wliich, with the territory annexed, 
 contains not less than three hundred inhabitants, shall 
 be and hereby is created a separate school district; and 
 the qualified voters of such city or village, with the terri- 
 tory annexed, shall, at the same time, and in the same 
 manner that local directors of the sub-districts of the 
 township are elected by the provisions of this act, proceed 
 to elect three persons, who shall constitute a board of 
 
 The Supreme Court has decided (9 O. St. R. 406) that the words 
 "white" and "colored" are used in the school law in their popular 
 and ordinary sinjnification, and that children who are distinctly col- 
 ored and are generally treated and regarded as colored children by 
 the community in which they reside, are to be classed as colored youth. 
 
 Section XXXII. 
 
 93. Separate School Districts. — Whenever a village is incor. 
 porated and, with the territory annexed, contains not less than three 
 hundred inhabitants, such village, by the act of incorporation, be- 
 comes, with the territory annexed, a separate school district. In 
 other words, a sub-district, or joint sub-district, containing a village 
 and not less than three hundred inhabitants, becomes a separate 
 school disti'ict when such included village is incorporated. The phrase 
 with "the territory annexed" clearly means the territory united 
 with such village, for school purposes, at the time of its incorporation, 
 as well as at any subsequent date. 
 
 94. Powers of Board. — Boards of education in separate school 
 districts ai'e entrusted with the direct and full control and manage- 
 ment of all its school interests and affairs, and are vested with all 
 the powers conferred by law on township boards of education and 
 sub-district directors in townships, including the power to employ and 
 dismiss teachers ; to secure the visitation and examination of the 
 schools by competent persons ; to negotiate and make all contracts 
 in relation to providing fuel for schools, furnishing, repairing or 
 building school-houses, purchasing school-house sites, and making all 
 other provisions for the convenience and pi'osperity of the schools 
 under their control ; to take or cause to be taken the annual enumera- 
 tion of youth ; and to perform the further duties prescribed in sec- 
 tions 11, 12 (as far as applicable), 13 (as far as applicable), 15, 17, 
 18, 19 (by clerk of board), 22, 24, 25, 26, 31, 32, 33, 34, 35, 36, 60, 
 61, 62 and 68.
 
 55 
 
 education for such city or village, with the territory so 
 
 annexed, and snch board shall have the same powers, per- Annexation of 
 
 form the same duties, and be subject to the same penalties 
 
 as township boards of education: Provided, that by agroe- 
 
 mcnt between the board of education of the township in 
 
 whicii such city or village, with the territory annexed, 
 
 may be situated, and the board of education of such city 
 
 or village, transfers of territory not within the limits of 
 
 such corporation, may be made to or from the districts 
 
 provided for in this section.* 
 
 Sec. XXXill. That said board of education, in any 
 city or incorporated village, shall be authorized, when Sub-dittricts. 
 they think it advisable, to divide such city or village into 
 sub-districts; and they may establish schools of ditferent 
 
 * See supp. section 13. 
 
 95. Adoption of General School Law. — By section 66 any 
 city, township or village, in which common schools have been organ- 
 ized un4er the " act for the better regulation of public schools in 
 cities, towns, etc.," or under the " act for the support and better 
 regulation of common schools in the town of Akron," or under any 
 other special act, may adopt this act and organize, as to schools, in 
 accordance with its provisions. See Opin. 149. The general school 
 law is better adapted to small towns and cities than either of the 
 above acts named. 
 
 96. Annexation of Territory. — When territory is annexed to 
 a city or other separate school district, for school purposes, as pro- 
 vided in this section, such annexed territory is incorporated with, 
 and becomes a part of, such school district. The qualified voters 
 residing within the territory so annexed, are entitled to vote at all 
 school elections, and all taxes for school and school-house purposes 
 must be assessed uniformly upon the property of the entire dis- 
 trict, including the territory annexed. It is not clear that township 
 boards of education can transfer territory to a separate school district, 
 except at their regular meetings in April and September, or at ad- 
 journed sessions of such regular meetings ; and if such transfers can 
 be legally made at special meetings, there are still good reasons in 
 ^avor of their being made only at regular meetings. 
 
 Section XXXIII. 
 
 97. Sub-Districts. — The division of a separate school district 
 iiito sub-districts by the board of education, does not create the office 
 of local director in such sub-districts. All the schools organized in
 
 56 
 
 BniPK an<i grades, and ordain such rules and regulations for the gov- 
 tegxi a 10U9. enimeut and. dibcipline of such schools as they may tliink 
 conducive to the public good; audit shall be lawful for 
 the towusliip board of education, in any township in 
 which such city or incorporated, village is situate, by and. 
 with the consent of the board of education of any such 
 city or incorporated village, to transfer thei'eto for educa- 
 J«iat districts, tioual purposes the scholars of such parts of their re- 
 spective townships as lie adjacent thereto ; and all such 
 transfers shall be controlled, and such schools supported 
 in the same manner, and on the same principles, as in 
 ease of like transfers for the convenience of schools where 
 two or more townships adjoin, as provided in this act. 
 
 a separate school district are under the immediate and full control of 
 the board of education, and said board is empowered and required to 
 perform all the duties, as far as applicable, which are enjoined by 
 this act on boards of education and local directors in townships. 
 Section 32. 
 
 98. Graded Schools. — Schools of different grades, including 
 high schools, may be established in a separate school di;^trict by the 
 board of education, without submitting the question to a vote of the 
 electors, as is required in section 21 wlien a township high school is 
 to be established. The power of the board to establish schools of one 
 or more grades, and to erect one or more school-houses for the accoin»- 
 modation of such graded schools, is unconditional, and may be exer- 
 cised without regard to other considerations than the public good. 
 
 99. Transfer of Scholars. — Section 16, as amended March 
 18, 1864, makes no provision for the transfer of scholars, except by 
 a transfer of territory and the formation o^ & joint suh district. When, 
 therefore, it is deemed advisable to transfer scholars from a township 
 to a separate school district, to form a Joint district, the territory in 
 which such scholars reside must be transferred. The schools in such 
 joint district, so formed, must be supported from the school funds of 
 the township and separate district respectively, in proportion to the 
 enumeration of youth ; and the enumeration must be taken, the 
 annual estimates made, as far as practicable, as provided in section 
 16. It will usually be found best, in transferring territory for school 
 purposes to a separate school district, to annex the same so as to form 
 instead of a joint sub-district, a consolidated and single district, as 
 provided in section 32. 
 
 100. Union High School. — By an act passed January 24, 1859^ 
 the board of an incorporated village may unite with a township board 
 for the purpose of estabhshling a joint or union high school. See 
 Buj)p. section 11.
 
 57 
 
 [As ameivJed April 23. 18fi2. 59 vol. SM. fil.] 
 
 Sec. XXXIV. That it is hereby made the duty of said {^^J;!;,^,^^^'' 
 board of education of such city or incorporated village, at duties, 
 their first annual meeting, to elect, from their own num- 
 ber, a clerk or recorder; and the person receiving a ma- 
 jority of all the votes cast, shall be declared elected for 
 one year therefrom, or during the pleasure of said board, 
 and he shall do and perform all the duties required of the 
 clerk of a township board of education, and such other 
 duties as the board of education may, from time to time, 
 prescribe; and all orders of the board of education for 
 the payment of money, shall he countersigned by the clerk 
 or recorder of said board ; and it shall be the duty of the Duty of treas- 
 treasnrer* of such city or incorporated village, to receive ^^^[^^^ ^^^'^ ^ 
 and disburse the school funds of such city or village, in 
 
 •An Act to amend section sixty-nine of an act entitled " an act to provide for the orpranization 
 of cities and incorporated villages,'" passed May 3, 1852, as amended M;irch'J;j 1802, and to 
 repeal section one of the last named act ; also further to define the duties of county treas- 
 urers. 
 
 [Passed April 29, 1862. 59 vol. Stat. 69.] 
 
 Sr":!. 3. That herpafter the treasurt-r of t-ach county in this Ptate, containing 
 a cily of the s cond cltss, sbuU rftaiii in his bunds f.^r dishiirsfnicnt, us hi-re- 
 inaf'ti r provid<'d, all the ta.xts by liim collccfed which sliall have been levied 
 for eity purposes within the township in which, l:)y law, the county treasury is 
 located. 
 
 Ski;. 6. That hereafter, in such counties, th"re shall not be ejected within 
 the limits of (he township in which, by law. the < fiiio <.f the county trcusurer 
 is IncaJed, any city treasurer, and no p>rson shall b'- allowed any compensatioa 
 for til' di>l)nrsHment nf thf ta.x'fS hcriin ru|iiir.d to b.- dis^iuis-d by said 
 county treasurer. Every person now holdini? iht- nttice of city tv< a'^urer. within 
 the r-nits of any such township, -hall imniediat/'ly settle with, pay over and 
 traiisf >■ to said county treasurer all raoneyo iu his pos.->essioii, or under his 
 contro , as such city treasurer. 
 
 Section XXXIV. 
 
 101. Clerk of Board. — Tlie clerk must be a member of the 
 board of education, and although elected for one year, he may be 
 removed from office at the pleasure of the board. Formerly the clerk, 
 or recorder, of the city or corporation was ex officio clerk of the board, 
 but was not, in any sense, a member of the board. 
 
 102. DuTiKS OP Clerk. — The clerk of the board of education of 
 a separate school district is required to perform the fullowino; duties, 
 among others : 1. To keep a faithful record of all the olficial pro- 
 ceedings of the board. Sections 10, 25 and 26. 2. To keep a 
 record of all school moneys received and disbursed by the board. 
 Supplemental section 8. 3. To draw and countersign all orders of 
 the board of education for the payment of money from the school 
 fund. Section 24. 4. To certify the enumeration of youth to the 
 county auditor, and to employ a competent person to take such enu- 
 mf^ration, if the board fail to discharge their duty. Section 8. 5. 
 To prepare and forward the annual returns to the county auditor.
 
 58 
 
 the same manner as is required of the township treasurers 
 in their respective townships, and for his services shall be 
 entitled to the same compensation : Provided, that the 
 board of education shall require the treasurer to enter into 
 To give bond, a bond, as required of township treasurers, and that the 
 said treasurer shall furnish the auditor a certificate from 
 Clerk or recor- the clerk or recorder of such city or incorporated village, 
 der's receipt, that such treasurer has executed and deposited such bond, 
 stating also the amount, as is required of township treas- 
 urers in similar cases. 
 
 Sections 19 and 40. 6. To certify to the county auditor the annual 
 estimates of the board. 
 
 103. Pay and Penalty of Clerk. — The board may allow the 
 clerk a reasonable compensation for the discharge of the duties above 
 enumerated, and all other clerical duties. Supplemental section 2. 
 The penalties prescribed in case the township clerk fails to discharge 
 specified duties, apply likewise to the clerk of the board of a separate 
 school district. Sections 25, 40, and 42. 
 
 104. Payment of Teachers. — Teachers may be paid as often 
 as the board of education may dii-ect ; but no teacher can be paid in 
 full for any term's service until such teacher has filed a full and com- 
 plete term report with the clerk of the board. Section 18. When 
 teachers are paid monthly, they should make out monthly reports, 
 but the reports for each term must also be made full and complete. 
 It is unlawful for the clerk of any board to draw an order for the 
 payment of a teacher for services in any position or capacity, unless 
 such teacher first file a legal certificate covering the ere^?Ve term o^ inch. 
 services. Section 45. The clerk is personally liable, if he draws 
 orders in violation of this provision. 
 
 105. Vacancy in Board. — When a vacancy occurs in the board 
 of education of a city or incorporated village, by death, resignation, 
 refusal to serve, or otherwise, it is the duty of the clerk or recorder of 
 such city or incoi-porated village (not the clerk of the board) to 
 fill such vacancy by appointment. The clerk of the board of a city 
 or incorporated village, is authorized and required to perform all the 
 duties required of the "clerk of a township board of education." 
 The duty of filling a vacancy in the office of local director, is, by 
 section 3, required of the " township clerk," not as clerk of the 
 township board, but as clerk of the township. 
 
 106. Co.MPENSATiON OF TREASURER. — The treasurer of a city or 
 incorporated village is entitled to " a compensation equal to one per 
 cent, on (not of) all school funds disbursed by him," to be paid on 
 the order of the council of such corporation, out of the corporation
 
 69 
 
 Sec. XXXY. Tlie board of education of any city or f^'/IJ.^jjP"'^" 
 incorporated village shall have, and may exercise, all the i^oard. 
 powers which are by this act conferred upon the township 
 boards of education, and shall do and perform the like 
 duties, in all respects, so far as applicable, and the school 
 funds shall be divided among the sub-districts, so as to 
 make the distribution as nearly equitable as possible. All 
 taxes for building, purchasing, repairing, or furnishing 
 school-houses and lots, shall be equally assessed on all the 
 property subject to taxation in such city or incorporated 
 village, and the board of education, in expending the 
 same, shall make the necessary provisions for the sub-dis- 
 tricts. 
 
 treasury — 7iot out of the school funds. Section 28. The |irovision 
 in supplemental section 2, authorizing boards of education in cities 
 and towns to allow " the treasurer of said board a reasonable com- 
 pensation," etc., does not apply to the treasm-er of cities and towns 
 organized as to schools under the general school law, since such 
 treasurer is not an officer of the board. 
 
 107. Treasurer in Cities of the Second Class. — By an 
 act passed April 29, 1862 (see page 57), the office of treasurer in 
 cities of the second class, situated within the limits of the township 
 in which, by law, the office of the county treasury is located, was 
 abolisiied, and the county treasurer required to retain in his hands, 
 and disburse, on the order of the proper persons, all the taxes by 
 him collected. Inasmuch as all school funds are not collected by 
 the county treasurer, the provisions of the law seem to be imperfect ; 
 and yet it is clearly the intention of the law to require such county 
 treasurer to disburse all_ school funds on the order of the board of 
 education of a city of the second class, situated as above, if said 
 board are not authorized, by law, to appoint a treasurer to receive 
 and disburse such funds. 
 
 108. Settlement with Auditor. — All treasurers intrusted with 
 the receipt and disbui'sement of school funds, are required to make 
 an annual settlement with the county auditor, as is, by section 29, re- 
 quired of township treasurers ; and they are further required to 
 make a statement of the receipts and expenditures of all school 
 funds during each school year. Section 28. All treasurers are re- 
 quired to file certificate of bond with county auditor. Sujjplemental 
 section 1. 
 
 Sections XXXY. and XXXVI. 
 
 109. Powers of Board. — This section is but a repetition of 
 powers already conferred upon the board by the preceding sections.
 
 60 
 
 Evening' Sec. XXXVI. Ill any district or sub-district, composed, 
 
 ichools. -j^ whole or iu part, of any city or incorporated village, 
 
 the board of education may, at their discretion, provide a 
 suitable number of evening schools, for the instruction 
 of such youth over twelve years of age as are prevented, 
 by their daily avocation, from attending day schools, 
 subject to such regulations as said board, from time to 
 time, may adopt fur the government thereof. 
 
 APPOllTIONMENT OF SCHOOL FUNDS. 
 
 State auditor Sec. XXXVII. The auditor of state shall, annually, 
 fuuds^and ccr- ^pportiuu the commou school funds among the diit'erent 
 tiiy appuriioa- couutics, Upon the enumeration and returns made to him 
 by the state commissioner of common schools, and certify 
 the amount, so apportioned, to the county auditor of each 
 count^f, stating from what sources the same is derived, 
 which said sum the several county treasurers shall retain 
 in their respective treasuries from the state funds; and 
 the county auditors shall, annually, and immediately after 
 their annual settlement with the county treasurer, ap- 
 portion the school funds for their respective counties, ac- 
 cording to the enumeration and returns in their respective 
 otHces ; and Jio townhip, or other district, city, or village, 
 which shall have failed to make and return such enumera- 
 tion, shall be entitled to receive any portion of the com- 
 
 ment. 
 
 Porffitnre of 
 eehool funds. 
 
 mon school funds. 
 
 And, in making such distribution, 
 
 Section 22 requires the county auditor to assess all taxes for school 
 and school-house purposes " on all the taxable property " of the town- 
 ship or separate school district. In the last clause of this section 
 (22), " the territory annexed for school purposes" is included, and 
 made a part of the separate district, on the taxable property of 
 which the board of education have power to levy taxes " for school 
 and school-house purposes." The words " with the territory annexed," 
 were not inserted in the last clause of section 3a, for the reason, that 
 the territory annexed to a city or village for school purposes, is made, 
 by law, a part of such city or village, so far as all school mattei-s are 
 concerned. All taxes for either school or school-house purposes, 
 must be equally assessed by the auditor on the entire taxable property 
 included in a separate school district. 
 
 110. Evening Schools. — Evening schools are to be supported 
 from the contingent school fund, or from funds raised for the purpose. 
 
 Section XXXV 11. 
 
 111. Forfeiture of School Funds. — A township or separate 
 school district, whether organized as to schools under a general or 
 special law, forfeits its share of the common school fund, on either of
 
 61 
 
 each county auditor shall apportion all moneys collected bounty audi- 
 on the tax duplicate of any township, for the use of ap^'ortk!?^ 
 schools, to such township; all moneys received from the ment incoun- 
 state treasury, on account of interest on the money accru- ^7> ^°d how. 
 ing from the sale of section sixteen, or other lands in lieu 
 thereof, to the civil townships and parts of civil town- 
 ships in the original surveyed township, or fractional 
 township, to which such land belongs ; all moneys re- 
 ceived by the county treasurer, on account of the Virginia 
 Military School Fund, United States Military District, 
 and Connecticut Western Reserve, according to laws 
 regulating the same; and all other moneys for the use of 
 schools in the county, and not otherwise appropriated by 
 law, to the proper township; and he shall, immediately 
 after making said appo^ionment, enter the same into a 
 book, to be kept for that purpose, and shall furnish the 
 township treasurers and township clerks, treasurers and 
 recorders of incorporated cities or villages, as the case 
 may be, each with a copy of said apportionment, and Copy of ap- 
 give an- order on the county t>'easurer to each township poi'tionment. 
 treasurer, or to such treasurer as may be entitled to re- 
 ceive the same, for the amount of money belonging to 
 his respective township, citj^, or village, and take a receipt 
 from such treasurer for the amount tlius received; and 
 the said county auditor shall collect, or cause to be col- County audi- 
 lected, the fines and all other moneys for school purposes, '"^ »» collect 
 in his county, and pay the same over to the county treas- <-'"-'• 
 urer ; and he shall inspect all accounts of interest for sec- To supei-iu- 
 tion sixteen, or other school lands, whether the interest is f|;"f,f*^'"^°^ 
 paid by the state or by the debtors, and take all the 
 proper measures to secure to each township its full amount 
 of school funds. 
 
 these three conditions, viz., 1. When, as provided in this section, 
 such township or district fails to make and return to the auditor the 
 annual enumeration of youth ; 2. When the board of education, as 
 provided in section 67, have failed to return to the auditor the "other 
 statistics relative to schools under their charge, as required by this 
 act of teachers, local directors, and boards of education in town- 
 ships ;" 3. Wlien, as provided in section 24, the board of education 
 have failed to make the necessary provisions for continuing the 
 schools at least twenty-four weeks each year. If eitlier of the first 
 two conditions above indicated has not been complied with, the coun- 
 ty auditor cannot legally draw an order on the county treasurer for 
 the payment of any portion of the school fund to a local treasurer. 
 If the third condition is not complied with, the funds arising from the 
 State tax only are to be withheld. Section 52 makes it the duty of 
 
 funds
 
 62 
 
 Where part of 
 st'Ctioa sixteen 
 lies in two 
 coanties. 
 
 Interest on 
 section. 
 
 Sec. XXXVIII. When any original surveyed town- 
 ship in which section sixteen has been sold, shall lie in 
 two or more counties, the auditors of the respective 
 counties shall certify to the auditor of the county in 
 which that portion of said township lies containing 
 said section sixteen,* the enumeration of the scholars 
 in that part of said township embraced within their re- 
 spective counties; and the auditor of said county in 
 which sahl section sixteen is situate shall apportion the 
 fund derived from said section sixteen to the ditterent 
 portions of said township, according to said enumeration, 
 and shall certify to the auditors of the other counties the 
 amount belonging to tlie parts of said township situate 
 in their respective counties, and draw an order in favor 
 of the treasurers of the other co^mties on the treasurer of 
 his own county for the amount going to each; and the 
 auditors of the respective counties shall apportion the 
 same, in their respective counties, to such portions or parts 
 thereof as may be entitled thereto. 
 
 Sec. XXXIX. The interest on the purchase of any 
 such section sixteen belonging to any such original sur- 
 veyed township so as aforesaid lying in two or more coun- 
 ties, shall be paid over on the order of the auditor of 
 that county in which such section sixteen is embraced, to 
 the treasurer of the same county, to be apportioned as is 
 pointed out in the preceding section. 
 
 * See section 4 of an act to establish a fund for the support of common 
 schools, passed March 2, 1831 ; chapter V. 
 
 the school commissioner to see that the scliool funds are distributed 
 according to law. 
 
 112. Certificate of Apportionment. — The law does not 
 require the county auditor to apportion the funds arising from the 
 State school tax, or from the sale or rents of section sixteen, or other 
 school lands, among the sub-districts of the several townships, but such 
 apportionment would be of very gi'eat assistance to township officers. 
 A certificate of apportionment should be given in all cases, the dif- 
 ferent funds being plainly designated. By section 16, all school funds 
 belonging to joint sub-districts^ should be designated in the auditor's 
 certificate or copy of apportionment. 
 
 113. Supervision of School Funds.— The county auditor is 
 intrusted by law with the supervision of the school funds of his coun- 
 ty, and as such may refuse to credit treasurers with orders believed 
 to have been illegally paid. See Opin. 88. 
 
 Sections XXX VIII and XXXIX. 
 
 114. Enumeration. — When an original surveyed township lies
 
 63 
 
 AUDITOR TO REPORT TO STATE COMMISSIONER. 
 [.4s amended March 18, ISfil. 61 Slat. 33, Sec. 5.] 
 
 Sec. XL. The auditor of each and every county shall, Annual al> 
 on or before the tiftli day of JSToveniber, annually, make eiract. 
 out and transmit to the commissioner of common schools, 
 at Columbus, an abstract of all the returns of school sta- 
 tistics made to him from the several townships in his coun- 
 ty, according to the form tliat may be prescribed by the 
 state commissioner; and he shall cause to be distributed To distribute 
 all such circulars, blanks and other papers, including lawsanddocu- 
 school laws and documents, in the several townships in 
 the county, as said commissioner shall lawfully require; 
 in case the county auditor should fail, from any cause, to 
 make return of the abstract as aforesaid, it shall be the 
 duty of the county commissioners to deduct, for every such 
 failure, from the annual salarv or allowance made to the 
 auditor for his services, the sum of lifty dollars ; and in 
 case the township clerk, or the clerk of the board of edu- penalty 
 cation of any city, town, or special school district, shall fail aKainst town- 
 to make the annual returns of school statistics to county shipclorkBcind 
 auditors required by this act, and which it is the duty of boards. 
 said clerk to make, it shall be the duty of the township 
 trustees, town or city council, or other local otiicers having 
 authority in the premises, to deduct, for every such failure, 
 
 in two or more counties, the auditors of the respective counties must 
 return the enumeration of youth in the part of such township lying 
 within their respective counties to the auditor of the county in which 
 section sixteen, belongins: to such orii^inal surveyed township, is situ- 
 ated. The Auditor of State distributes all funds derived from section 
 sixteen to the county in which such section sixteen is situated, to be, 
 by the auditor of such county, apportioned to tlie parts of the origin- 
 al surveyed township, according to the enumeration of youth therein. 
 See section 4 of an act passed March 2, 1831 ; cha].ter V. 
 
 Sections XL. — XL II. 
 
 115, Abstract of School Returns. — Clerhs and treasurers 
 are required by law to make full and complete returns of school sta- 
 tistics to the county auditor, and, in case of neglect or failure, it is the 
 duty of the auditor to enforce the penalties i)rovided by law. The 
 auditor is required, not only to make an abstjact of such returns as 
 may be made to him, but to use all legal means to secure complete 
 returns. In case the auditor fails to make an acceptable abstract to 
 the State Commissioner, the penalty provided in section 40 may be 
 enforced by the county commissioners.
 
 64 
 
 from the annual salary or allowance made to said clerk for 
 his services, the sum of twenty-live dollars ; and he shall, 
 moreovor, be liable to pay a line not exceeding twenty- 
 five dv/iiars on complaint of the county auditor or of the 
 board of education, to be recovered in a civil action in the 
 name of the state of Ohio, and when collected to be ap- 
 plied to the use of common schools in the proper town- 
 Auditor to ap- gjj^p ,,j. district. And in case of the neglect or failure of 
 to'pre^pareTe^ the township clerk, or of the clerk of the board of educa- 
 port. tion of any school district, to make the reports as contem- 
 
 plated in this section, by the time specilied, then and in 
 that case the county auditor shall appoint some suitable 
 person, resident of the township or school district, to make 
 such report, who shall receive his compensation in the 
 same manner for said service as is allowed to those offi- 
 cers by law, for like services. 
 Compenpa- i^EC. XLI. The county commissioners of each county 
 
 tios to county iu this state shall make the same allowance to the county 
 auditor. auditors, out of their respective county treasuries, for ser- 
 
 vices performed and expenses incurred under this act, as 
 is allowed for other services of like nature. 
 Liability of^ Sec. XLII. The township clerks and county auditors 
 ' ""'^ j' shall be responsible for all losses sustained by any town- 
 loss.' ship or county, by reason of any failure on their respec- 
 tive parts to make and return the enumerations and ab- 
 stracts thereof as herein provided, and shall each be lia- 
 ble for the same, in a civil action, at the suit of the state 
 of Ohio ; and the amounts so recovered shall be appor- 
 tioned, in the same manner as the school funds would have 
 been, to the respective counties or townships, as the case 
 may be. 
 
 SCHOOL-HOUSES EXEMPT FROM SALE ON EXECUTION. 
 
 Sec. XLIII. Each and every lot or parcel of land 
 
 t '''I'rk and 
 QOna,/ audi 
 
 116. Appointment of Person to prepare Report. — When, 
 in accordance with the last clause of this section, the county auditor 
 appoints a competent person to make school returns instead of the 
 township clerk, such person so appointed is entitled to compensation 
 for said service, and the township trustees should not refuse to allow the 
 
 same. 
 
 117. Compensation of Auditor. — So much of section 42 as re- 
 lates to tlie compensation of auditors, was, in effect, repealed by "an 
 act prescribing the fees of county auditors," passed May 1, 1862. 
 The auditor is entitled to receive for liis services the compensation 
 provided for in said act, as amended April 12, 1865, "and no more." 
 This opinion is in accordance with the decision of the courts.
 
 65 
 
 whicTi heretofore has been, or hereafter shall be, appro- 
 priated for the use of common schools in this state, on 
 which there has been or shall be a school-house erected, 
 and which has been or shall be occupied for the purpose 
 of accommodating a common school, of whatever grade, 
 in the usual manner, from time to time, howsoever or by 
 whomsoever the legal title to the same may be held and 
 vested, shall be and the same is hereby exempted from 
 sale, on any execution, or other writ, or order in the na- 
 ture of an execution: Provided, that the lot of land so 
 exempted shall not exceed four acres, and if there be any 
 excess, that portion most convenient for school purposes 
 shall remain exempt as aforesaid, to be determined by the 
 proper school directors, or other officers having charge of 
 schools. 
 
 COUNTY SCHOOL EXAMINERS. 
 lAs amended March 18,*1864. 61 Stat. 34, Sec. 6.] 
 
 Sec. XLIV. It shall be the duty of the probate judge, 
 in the several counties of this state, as soon after the elec- 
 tion of school officers, under the provisions of this act, as 
 practicable, to appoint a county board of school exami- 
 ners, to consist of three competent persons, resident in the 
 county, who shall hold their office for the term of twb 
 years, and until their successors are appointed: Provided 
 the said probate judge may at any time revoke the ap- 
 
 118. Liability of Clerk and Auditor. — Sections 37 and 67 
 both forbid the apportionment of school funds to townships which fail 
 to make the annual returns of enumeration. When the failure is on 
 the part of the clerk, said clerk is liable ; and when it is due to the 
 auditor, he is liable. See section 42. 
 
 Section XLIV. 
 
 119. Legal Qualifications of a School Examiner. — An 
 examiner must be an elector of the county in which he is appointed. 
 Art. XV, Sec. 4, of the Constitution of the State provides that '• no 
 person shall be elected or appointed to any office in this State unless 
 he possesses the qualifications of an elector." Since a woman is not 
 an elector (Art. V, Sec. 1) she can not be appointed to the office of 
 examiner. The persons appointed must be " competent " to examine 
 teachers and decide respecting their qualifications. 
 
 120. Oath of Office. — Art. XV, Sec. 7, of the Constitution pro- 
 vides that " every person chosen or appointed to any office under 
 this State, before entering upon the discharge of its duties, shall take 
 an oath or affirmation to support the Constitution of the United States 
 and of this State, and also an oath of office." The Supreme Court 
 
 What school 
 property ex- 
 empt from ex- 
 €Cutioa. 
 
 Appointment 
 of examiaei 8. 
 
 Appointment 
 of examiner 
 may be revo- 
 ked.
 
 66 
 
 pointment of any school examiner, upon evidence being 
 filed with him, that said examiner is guilty of immorality 
 of conduct, or habitual neglect of duty ; and said probate 
 judge shall forthwith give said examiner written notice 
 of his action, setting forth in said notice the reasons there- 
 Vacancieg ^^^ 5 ^^'^^ ^^^ vacancies in said board which may thereafter 
 how filled.' occur, whether from expiration of the term of office, re- 
 fusal to serve, or otherwise, shall be filled by like appoint- 
 ment by said judge; and it shall be the duty of the pro- 
 Appointeee to ^^^^ iudsre, within ten days after the appointment of 
 
 be reported to y t> ' . •' i • i v ^-^ 
 
 state commis- school exammers, to report the names and residence ot the 
 sioner. appointees to the state commissioner of common schools. 
 
 has decided that officers should take the oath required by the Consti- 
 tution whether the law under which they hold office prescribes this 
 duty or not. The State of Ohio vs. Kennon, et al., 7 O. S. E., 558. 
 School examiners should file in the office of the appointing judge a 
 certificate showing that they have taken the official oath required by 
 the Constitution. In case the constitutional oath is not taken by an 
 examiner, his appointment may be revoked. 
 
 121. Removal of Examiners. — A judge of probate can remove 
 a school examiner from office only for one or both of the causes speci- 
 fied in the law. Although every action is immoral which is incon- 
 sistent with moral rectitude or contrary to the moral or divine law, 
 the phrase, " immorality of conduct," refers more specially to such 
 immoral practices as profanity, gambling, intemperance, licentious- 
 ness, etc. A single act of gross immorality or of crime is, however, 
 a sufficient cause for the removal of an examiner. No immoral 
 person should ever he appointed a school examiner. 
 
 An examiner can not be removed from office for mistakes in duty. 
 He alone is to decide whether he can certify that an applicant for a 
 certificate is qualified to teach, and for such decision he can not be 
 removed from office. His neglect of duty must also be " habitual," 
 before he can be removed. An examiner may be removed for re- 
 peated absence from the meetings of the board. 
 
 122. Vacancies Filled for Full Term. — When a school ex- 
 aminer vacates his office by resignation, refusal to serve, removal out 
 of the county, or otherwise, the vacancy is to be filled by appointment 
 for the full term of two years, as when a vacancy occurs from expi- 
 ration of term of office. 
 
 123. Report to School Commissioner. — The failure of the 
 probate judge to report the names and residences of appointees to 
 the School Commissioner, does not render his appointments invalid. 
 It is important, however, that the required report be promptly made.
 
 board. 
 
 67 
 
 [As amended March 18, 18C4. 61 Stat. 34, Sec. 7.] 
 
 Sec. XLV. It shall be the duty of the examiners to fix Meetings of 
 upon the time of holding meetings for the examination of 
 teachers, in such places in their respective counties as 
 will, in their opinion, best accommodate the greatest 
 number of candidates for examination, notice of all such 
 meetings having been published in some newspaper of 
 general circulation in their respective counties ; and at 
 such meetings, any two of said board shall be competent 
 to examine applicants and grant certificates; and as a 
 condition of examination, each male applicant for a cer- 
 
 Sedion XLV. 
 
 124. Meetings of Board. — -Examiners can not legally examine 
 applicants for certificates except at a meeting which has been duly 
 advertised in some newspaper of general circulation in the county. 
 All private examinations are clearly illegal. It is the manifest inten- 
 tion of the law that all examinations of teachers should take place at 
 foi-mal and public meetings of the board, and at such meetings at 
 least two examiners must be present. When the work of examination 
 can not be completed in one day, the board may adjourn to the next 
 or a subsequent day, without publishing a notice of such adjourned 
 session. The number of meetings held for the examination of 
 teachers can not exceed eighteen in any one school year. 
 
 125. ExAMixATiON Fee. — By section 3 of an act passed March 
 28, 1865, each female applicant for a certificate is required to pay a 
 fee oi fifty cents instead of thirty- five cents, as provided in this sec- 
 tion. Each applicant, male or female, for a certificate, whether 
 previously rejected or not, must pay a fee of fifty cents as a condi- 
 tion of examination. If the fee is not collected, the examiners are 
 individually and jointly liable for the same. A second trial, granted 
 on an applicant's solicitation, or to afford him time to review certain 
 studies, must be regarded as a new application, and the fee collected 
 accordingly. 
 
 Local boards of examiners in cities and towns, organized as to 
 schools under special laws, are not authorized or required to charo-e 
 applicants for certificates a fee. 
 
 126. Quarterly Returns to County Treasurer. — The money 
 paid over quarterly to the county treasurer must include " all the 
 money received by the examiners on said fees," and not what re- 
 mains after paying for revenue stamps and traveling expenses. The 
 cost of revenue stamps and the examiners' traveling expenses can be 
 paid only " on the order of the county auditor." By section 3 of an 
 act passed March 28, 1865, (see page 68) orders for the payment of
 
 68 
 
 Fees of appli- 
 cants for 
 teacher's cer- 
 tificate. 
 — The same to 
 be paid over 
 to county 
 treasurer. 
 
 Fund for 
 teachers' insti- 
 tutes. 
 
 Number of 
 meetings held 
 by board. 
 
 tificate shall pay the board of examiners a fee of fifty 
 cents, and each female applicant a fee of thirty-five cents 
 [^fifty cents'^'] ; and all the money received by the examiners 
 on said fees, shall be paid over quarterly to the county 
 treasurer, with a statement of the number of applicants, 
 male and female, examined ; and all money so paid over 
 to the county treasurer by the board of examiners, shall, 
 after paying, on the order of the county auditor, the 
 necessary traveling expenses of said examiners, and the 
 cost of revenue stamps for certificates,* be set apart as a 
 fund for the support of teachers' institutes, as hereafter 
 provided in this act, and shall be used for no other pur- 
 pose : Provided, that the number of meetings held by said 
 board of examiners for the examination of teachers, shall 
 not, in any one year, exceed eighteen. No certificate of 
 
 *An Act to amend an act entitled "an act to provide for the reorganization, supervision and 
 maintenance of common schools," passed March 14, 1853, and the acts amendatory thereto. 
 
 [Passed March 28, 1865. 62 vol. Stat. 64.1 
 
 Sec. 3. That the orders drawn by county auditors for the payment of the 
 necessary traveling expenses of county boards of school examiners and the C( st 
 of revenue stamps for certificates, as provided in section forty-five of the act 
 to which this act is amendatory, as amended by section seven of an act passed 
 March 18, 1864, shall in no one quarter exceed one-third of the amount of 
 money collected and paid over by said board as examination fees ; and the fee 
 paid by each female applicant for a certificate, shall be fifty cents instead of 
 thirty-five cents, as provided in the section aforesaid. 
 
 traveling expenses and revenue stamps can in no one quarter exceed 
 one-third of the amount of fees collected during said quarter, thus 
 leaving at least tico-thirds of the amount of fees collected for the sup- 
 port of teachers' institutes. No portion of the money arising from 
 examination fees can be used to pay examiners for their services or 
 for any other than the three purposes specified in the law. The 
 first quarter of the school year ends the last day of November ; the 
 second, the last day of February ; the third, the last day of May ; 
 and the fourth, the last day of August. 
 
 127. Liability of Examiners. — County examiners are jointly 
 and individually liable for all fees not paid over quarterly to the 
 county treasurer as the law provides. In the absence of any rules of 
 the board to the contrary, it is the duty of the clerk or secretary of 
 the board to receive the fees collected and pay over the same quar- 
 terly to the county treasurer. The fact that the payment of the money 
 must be accompanied with a statement of the number of applicants, 
 male and female, examined, shows that it is the clerk's duty to make 
 such returns. To avoid all misunderstanding, however, the clerk 
 should also be appointed treasurer and instructed to make the quar- 
 terly return and payments. In case the examiners fail to pay over 
 quarterly to the county treasurer all moneys collected as examination
 
 for a certifi- 
 cate. 
 
 69 
 
 qualification shall be valid in any county except that in No certificate 
 which the examination took place, nor for a longer period yaiid for less 
 than two years, nor for a less period than six months ; than six 
 and if at any time the recipient of the certificate shall be ™oiit^8. 
 found incompetent or negligent, the examiners, or any 
 two of them, may revoke the same, and require such 
 teacher to be dismissed; but such teacher shall be en- 
 titled to receive payment for services only up to the time 
 of such dismissal ; and no person shall be employed as a 
 teacher in any primary common school, unless such person 
 shall have first obtained from said examiners, or any two Requiremejits 
 of them, a certificate of good moral character, and that ' 
 he or she is qualified to teach orthography, reading, writ- 
 ing, arithmetic, geography, English grammar, and pos- 
 sesses an adequate knowledge of the theory and practice 
 
 fees, it is the duty of the county auditor to collect the same. Section 
 37. If the clerk or any other member of the board appointed to col- 
 lect and pay over such fees fails to discharge such duty, such failure 
 would justify the probate judge in removing such negligent examiner 
 from olfice. 
 
 128. Necessary Traveling Expenses. — By the "necessary 
 traveling expenses " of examiners is meant the amount of money ac- 
 tually and necessarily paid out by them in going to and from the places 
 of meeting for the examination of teachers. When hotel expenses 
 are necessarily incurred, they may also be included. See Opin. 126. 
 
 129. Revenue Stamps. — By an act of Congress a teacher's cer- 
 tificate of qualification must bear a five-cent revenue stamp. The 
 copy of a certificate, filed instead of the original, need not be stamped, 
 but it should show that the original bears the requisite stamp. 
 
 130. Revocation of Certificate. — The power to revoke acer^ 
 tificate when the recipient is found incompetent or negligent, is not re- 
 stricted to the persons who issued such certificate. The evident inten- 
 tion of the law is to guard schools, at all times, against unworthy 
 teachers, and, to this end, the power to revoke a certificate is vested 
 in the office of the examiners, and may, at any time, be exercised by 
 the incumbents. Since " a good moral character" is a legal condi- 
 tion of competency in the teacher, whenever the holder of a certifi- 
 cate is found guilty of immoral conduct such certificate may be revo- 
 ked. Such immoral practices as profanity, gaming, intemperance, 
 lewdness, etc., utterly disqualify a person for the duties of a teacher. 
 Inability to govern a school, when marked and well established, may 
 also be regarded a sufficient cause for withholding or revoking a teach- 
 er's certificate. 
 
 131. Requisites for a Certificate. — No person is entitled to
 
 t1 
 
 70 
 
 of teaching; and in case snch person intends to teach in 
 anj^ common school of higher grade, he or she shall first 
 obtain a certificate of the requisite qualifications, in addi- 
 Certificites tion to the branches aforesaid; and no certificate issued 
 board ufustTe ^^ county examiners, or by the local board of examiners 
 given foi-ade- in any city or town of the state, organized and governed 
 finite time. \)y the provisions of this act, or any other act, shall be 
 valid, unless such certificate contain a statement of the 
 time during which it shall be valid; and it shall be un- 
 lawful for any board of education, clerk, or recorder of 
 any city, town or township of the state, to draw an order 
 on the treasurer for the paj^ment of a teacher for services, 
 
 a certificate if he does not possess the following qualifications : 1. A 
 good moral character. 2. The ability to teach in the English lan- 
 guage all the branches of study named in the law. 3. An adequate 
 knowledge of the theory and practice of teaching. The examiners 
 must certify that the recipient of a certificate possesses each of these 
 qualifications. The omission of either in a certificate renders such 
 certificate invalid. Persons intending to teach branches of study in 
 addition to the common English branches, must obtain a certificate 
 that they are qualified to teach such additional branches. 
 
 132. Employment of Teachers. — No person can be legally 
 employed as a teacher in any common school of any grade or class 
 unless such person possesses a legal certificate of qualification. Tliis 
 provision includes assistant teachers, teachers employed as substitutes, 
 teachers of special branches, as music, writing, etc. — in short, teach- 
 ers employed in any capacity, whether paid directly from the school 
 funds or through another teacher, whether employed by the board of 
 education or directors, or by the principal or other teacher. No por- 
 tion of the school fund can be used to pay an uncertificated teacher, 
 either directly or indirectly. In case boards of education or local di- 
 rectors employ any person as a teacher who has not a valid certificate, 
 knowing this to be the fact, such boards or directors, as the case may 
 be, become personally liable for the wages of such uncertificated 
 teacher. 
 
 133. Antedating of Certificates. — Except in very extreme 
 cases, no certificate should be antedated. The practice encourages 
 teachers to run the risk of a failure on examination, countenances tlae 
 illegal pi'actice of employing uncertificated teachers by school direc- 
 tors, and greatly embarrasses the examiners in a conscientious and 
 faithful discharge of their duties. If directors permit teachers to en- 
 ter upon their duties without a certificate, they are responsible for the 
 payment of such teacher's wages up to the time of their obtaining a 061"^ 
 tificate.
 
 71 
 
 unless said teacher shall have first filed with said board of 
 education, clerk, or recorder, a legal certificate of qualifi- 
 cation, or a true copy thereof, covering the entire time of 
 the services for the payment of which such order is drawn. 
 
 [.4s amended March IS. 1864. 61 Sla(. 35, Sec. S.] 
 
 Sec. XL VI. The said board of examiners shall ap- 
 point one of their number to serve as clerk, who shall 
 keep a record of their proceedings, noting the number 
 and date of each certificate given, to whom, for what Clerk of; 
 term of time, for what branches of studies ; and said ^o^rd. 
 board may make all needful rules and regulations for the 
 
 134. Length of Time a Certificate may be Valid. — County 
 school examiners acting under the general school law, and local ex- 
 aminers in cities and villages oi'ganized as to schools under the 
 "Akron Law," can not issue a certificate valid for more than two 
 years or less than six months. Section 45; also act of March 19, 
 1860. The act for the better regulation of the public schools in cities, 
 towns, etc. (known as the " Law of 1849 "), contains no provision re- 
 specting the length of time for which certificates, issued under said 
 law, shall be made valid ; but, by section 45 of the general school 
 law, such certificates must be limited as to the time of their validity ; 
 and since, by sections 45 and 67, local examiners in cities organized 
 as to schools under the aforesaid law (or any special law), are re- 
 quired to make reports to the School Commissioner " similar " to 
 tliose required of county examiners, it is questionable whether such 
 local examiners can legally issue certificates valid for more than two 
 years. County examiners and local examiners acting under the 
 "Akron Law," or the " Law of 1849," are hereby instructed to issue 
 not exceeding four grades of cei'tificates, valid respectively for six, 
 twelve, eighteen, and twenty-four months. 
 
 135. Orders for Teachers' Pat. — The last clause of this 
 section applies to every school district in the State, whether organized 
 under general or special laws. No teacher can be employed or con- 
 tinued, in any capacity, in any public school of the State, unless such 
 teacher holds a valid certificate. In case an (irder is drawn for the 
 payment of a teacher fov services not covered by a legal certificate, 
 the clerk or other school officer drawing such illegal order, is personally 
 liable for the money thus illegally paid out of the school funds. 
 See Opin. 132. 
 
 Section XL VI. 
 
 136. Rules and Regulations. — By section 53, it is made 
 the duty of the State Commissioner to " prescribe suitable forms and
 
 72 
 
 ruowedXo P^^P^^ discharge of their duties. The members of the 
 dolltirs a day. hoard shall be entitled to receive each two dollars for 
 every day necessarily engaged in ofHcial service, to be 
 paid out of the county treasury, on the order of the 
 county auditor, exclusive of blank books and stationery, 
 which the county auditor shall furnish ; and the county 
 auditor may require the accounts, when presented, to be 
 substantiated on oath, which said officer may administer 
 Examiners' and file in his office. It shall be the duty of the clerk of 
 trPchooSm- ^^^^^ hoard of examiners to prepare and forward to the 
 miasioner. state commissioner of common schools, on or before the 
 first day of October, a statement of the number of exam- 
 inations held by the board, the number of applicants ex- 
 amined, the number of certificates granted and for what 
 length of time, the amount of fees received and paid over 
 to the county treasurer, the amount received of the 
 county by the board for their services, and such other 
 important statistics and information in relation to their 
 duties as the commissioner of common schools may re- 
 quire. In case the clerk shall fail to make such annual 
 
 regulations for making all reports and conducting all necessary pro- 
 ceedings under this act," and to transmit the same " to local school 
 officers, who shall be governed in accordance therewith." It is plain, 
 from this provision, that the rules and regulations adopted bj exam- 
 iners for their guidance, must be in accordance with the legal in- 
 structions of the State Commissioner. The forms prescribed by the 
 Commissioner for teachers' certificates, and for keeping a record of 
 the proceedings of boards of examiners, will produce a desirable 
 uniformity in the several counties of the State. 
 
 137. Compensation of County Examiners. — The necessary 
 official service of examiners, for which they are entitled to pay, is 
 three-fold : 
 
 1. The examination of applicants to determine their moral char- 
 acter, their scholarship, and their professional knowledge and skill. 
 This duty must be performed at regular meetings of the board, which 
 have been duly noticed in the county paper. If the work of exam- 
 ination be not completed on the first day of the meeting, the board 
 may adjourn to the next or a subsequent day — such regular and ad- 
 journed sessions constituting but one meeting of the board. For 
 each day's service thus necessarily performed, examiners are entitled 
 to a compensation of two dollars each. If an examiner is absent 
 from any session of the board, be is not entitled to pay for the same. 
 
 2. The granting of certificates, which may occur at the adjourned 
 session of a meeting, if the examination of applicants should occupy
 
 73 
 
 statement, it shall bo the duty of the county auditor to ^^"^'^^^1^^^ 
 deduct from his annual allowance or compensation for of'boLd.^ 
 his services, the sum of fifteen dollars. It shall further be 
 the duty of the local board of examiners, in any city 
 or town, to make annually, to the commissioner of schools, Report re- 
 such a statement of their proceedings as is required of quired oHocal 
 county examiners by the provisions of this section. 
 
 STATE COMMISSIONER OF COMMON SCHOOLS. 
 
 Sec. XL VII. There shall be elected by the qualified ^>^P ^^^°'- 
 electors of this state, at the next annual election for state elected, 
 and county ofiicers, and every three years thereafter, a 
 state commissioner of common schools, who shall hold Term of office, 
 his oflice for the term of three years, and until his 
 successor is elected and qualified. The election of said 
 commissioner, and the returns thereof, shall be the same, 
 in all respects, as is provided for the election of judges of 
 the supreme court ; and in case a vacancy shall happen in Vacancy, how 
 said otfice by death, resignation, or otherwise, the governor fiH^-'d- 
 shall fill the same by appointment, for the unexpired 
 term. 
 
 all of the first day. "When applicants are required to hand in writ- 
 ten answers to questions, the papers may be examined, if necessary, 
 at the adjourned session. For services thus rendered, examiners are 
 entitled to compensation at the rate of two dollars a day. 
 
 3. The recording of the proceedings and the preparation of all re- 
 ports required by law, which is made the duty of the clerk, and for 
 the performance of which he is entitled to compensation at the rate 
 of two dollars a day for all time actually and necessarily employed. 
 The clerk should keep an accurate record of the amount of othcial 
 service performed by each examiner ; and all bills presented to the 
 county auditor for the payment of such service, should be duly cer- 
 tified by the clerk. 
 
 138. Local or City Examiners. — Local boards of examiners 
 in cities and towns may be allowed a compensation for their services 
 by the board of education, if there be no provision to the contrary in 
 the special law under which the schools are organized and conducted. 
 They can not, however, claim such compensation as a legal right. 
 Local examiners may require applicants to furnish the necessary 
 revenue stamps for certificates. 
 
 Sections XLVII—LVIIL 
 138. Duties op the Commissioner. — The faithful performance 
 of the duties enjoined upon the Commissioner in these sections, is 
 essential to the efficiency and highest success of the school system
 
 His.oflBcial 
 bond 
 
 — aud oath. 
 
 Office, etc., at 
 seat of ffcv- 
 ernmeat. 
 
 Bis secretary. 
 
 His duties in 
 visiting the 
 several judi- 
 cal districts. 
 
 74 
 
 Sec. XL VIII. Before entering upon the discharge of 
 his official duties, the said commissioner shall give bond, 
 in the penal sum of ten thousand dollars, to the state of 
 Ohio, with two or more sureties, to the acceptance of the 
 secretary of state, conditioned that he will truly account 
 for and appl}^ all moneys, or other property, which may 
 come into his hands in his official capacity, for the use 
 and benefit of common schools, and that he will faithfully 
 perform the duties enjoined upon him according to law ; 
 and he shall also take and subscribe an oath or affirma- 
 tion to support the constitution of the United States and 
 of the state of Ohio, and diligently and faithfully to 
 discharge the duties of his office, as prescribed by law, 
 which bond, with the certificate of his oath indorsed 
 thereon, shall be filed with the treasurer of state. 
 
 Sec. XLIX. The books and papers of his department 
 shall be kept at the seat of government, where a suitable 
 office shall be furnished by the state, at which he shall 
 give attendance when not absent on public business ; 
 [and the state librarian shall, in addition to the duties of 
 his office, discharge the duties of secretary to the com- 
 missioner of common schools, under his direction*] 
 
 Sec. L. It shall be the dut}^ of the commissioner to 
 spend, annually, on an average, at least ten days in each 
 judicial district of the state, superintending and encourag- 
 ing teachers' institutes, conferring with township boards 
 of education, or other school officers, counseling teachers, 
 visiting schools, and delivering lectures on topics calcu- 
 lated to subserve the interests of popular education. 
 
 Sec. LI. As soon as the revenues, to be raised as herein- 
 after provided, for the purpose of furnishing the schools 
 with libraries and apparatus, will admit, it shall be the 
 
 * The clause enclosed in brackets, was, in eflfect, repealed, March 24, 1860. 
 
 of the State. Many school officers and teachers, owing to frequent 
 changes and other causes, have a very imperfect acquaintance with 
 the provisions of the school law, and, consequently, of their duties 
 under it. School funds are liable to be misapplied and wasted. On 
 every hand, in brief, the direction and oversight which the Commis- 
 sioner may exert, by a wise and faithful discharge of his official 
 duties, are constantly needed. He reaches every school district in 
 the State, and, by his quickening and directing influence, adds vitality 
 and efficiency to the whole system. 
 
 139. Powers of the Commissioner. — The Commissioner has 
 clearly supervisory authority over all school officers, with full power 
 to require of them such information respecting official proceedings, 
 the management of schools, school funds, &c., as he may deem im-
 
 75 
 
 duty of tlie said commissioner to purchase the same, and 
 the'^books and apparatus so purchased shall be distributed 
 through the auditor's office of each county to the board 
 of education in each township, city, or incorporated 
 village, according to the enumeration of scholars. 
 
 Sec. LII. He shall also exercise such supervision over Audiapur- 
 the educational funds of the state as may be necessary to ^Sppam-^^ 
 secure their safety, and right application, and distribution ^y^^. 
 according to law. He shall have power to require of 
 county auditors, township boards of education, or other 
 local school oilicers, clerks and treasurers of townships, 
 county treasurers and clerks, recorders and treasurers of 
 cities and villages, copies of all reports by them required His supervi- 
 to be made, and all such other information in relation to sion o^e^^^^ 
 the funds and condition of schools, and the management 
 thereof, as he may deem important. 
 
 Sec. LIII. He shall prescribe suitable forms and regu- 
 lations for making all reports and conducting all necessary May reqnire 
 
 proceedino;s under this act, and shall cause the same, with f'-Miorts from 
 ■^,.'='. 11111 1 certain om- 
 
 such instructions as he shall deem necessary and proper g^jrs. 
 
 for the organization and government of schools, to be 
 transmitted to the local school officers, who shall be 
 governed in accordance therewith. 
 
 Sec. LIV. He shall cause as many copies of the laws To prepare 
 relating to schools and teachers' institutes, with an appen- forms, etc. 
 dix of appropriate forms and instructions for carrying 
 into execution all such laws, to be printed in a separate 
 volume, and distributed to each county with the laws, 
 journals, and other documents for the use of the school 
 officers therein, as often after the first distribution as any 
 change in said laws may be made, of sufficient importance,- 
 in the opinion of the commissioner, to require a republi- 
 cation and distribution thereof. 
 
 portant. He has power not only to prescribe suitable forms for 
 reports, but also to prescribe i-egulations for " conducting all necessary 
 proceedings under this act" (section 53), and for "carrying into 
 execution all such laws," (section 54). He is the legal adviser 
 and instructor of school officers and teachers ; the adjuster of 
 misunderstandings and difficulties ; and the executive of the school 
 laws of the State. His relation to the school system is not nominal 
 but vital, and his powers and duties are, from year to year, being 
 better understood and more widely recognized and valued. 
 
 140. Commissioner's Annual Report. — Section 1 of an act 
 passed April 13, 1865, provides for the printing of 14,000 copies of 
 the school commissioner's annual report, " to be distributed by hun 
 to the school boards of education, special school boards, boards of 
 school directors, and county officers who have duties to discharge 
 under the school laws."
 
 Duties as to 
 distribution of 
 school laws. 
 
 His annual 
 report. 
 
 What it shall 
 present. 
 
 Salary of 
 school com- 
 missioner. 
 
 76 
 
 Sec. LV. It shall be the duty of said commissioner of 
 common schools to make an annual report, on or before 
 the twentieth day of January [Novembei-'^'] in each and 
 every year, to the general assembly, when the body shall 
 be in session any such year; and when not in session in 
 any one year, then the report shall be made to the gov- 
 ernor, who shall cause the same to be published, and shall 
 also communicate a copy thereof to the next general 
 assembly. 
 
 Sec. LVI. The state commissioner, in the annual re- 
 port of his labors and observations, shall present a state- 
 ment of the condition and amount of all funds and property 
 appropriated to purposes of education ; a statement of the 
 number of common schools in the state, the number of 
 scholars attending such schools, their sex, and the branches 
 taught ; a statement of the number of private or select 
 schools in the state, so far as the same can be ascertained, 
 and the number of scholars attending such schools, their 
 sex, and the branches taught; a statement of the number 
 of teachers' institutes, and the number of teachers attend- 
 ing them ; a statement of the estimates and accounts of 
 the expenditures of the public school funds of every de- 
 scription ; a statement of plans for the management and 
 improvement of common schools, and such other informa- 
 tion relative to the educational interests of the state as he 
 may think of importance. 
 
 lAs amended April 13. 1865. 62 Stat. 166.] 
 
 Sec. LVIL The said commissioner shall be entitled to 
 receive for his services the sum of two thousand dollars 
 
 * An Act providing for recording, printing, and distributing the journals of the General As- 
 sembly and the laws and public documents. 
 
 [Passed Aprils, 1856. 5S vol. Stat. 113.] 
 Sec. 7. All state officers, and boards of officers, and the officers of all such 
 institutions and buildings, as are now, or may hereafter be r< quired to make 
 annual reports to the general assembly, or to the governor, shall here after make 
 such reports to the governor on or before the tu-etUieth day of November of eacliTjear ; 
 and the governor shall cause the same to be printed as soon thi realter as prac- 
 ticable, by the printer having the contract for this branch of Ibe public print- 
 ing ; and the governor shall lay before the general assembly all such reports, in 
 printed form, at the same time that he lays before it his n jjular messiige. But 
 nothing in this sectioi , or in this act, shall be held to modify, in any respect, 
 the existing laws in relation to the annual report of the state board of agri- 
 culture. 
 
 In accordance with this provision, a copy of the Commissioner's 
 report will, hereafter, be sent annually to the clerk of each sub- 
 district ; to the clerk of each township ; and to the clerk of ea^h 
 board of education in separate school districts, — the same to be* filed 
 and preserved as the property of the several sub-districts and school 
 districts. This will greatly increase the efficiency of the office as a 
 means of improving the schools of the State.
 
 77 
 
 annnally, payable quarterly, out of the state treasury, on 
 the warraut of the auditor of state ; provided, that noth- 
 ing herein contained shall be construed or held to change 
 tlie compensation provided for said officer by law at the 
 time he went into office, but his compensation shall re- 
 main and be paid the same as if this act had not been 
 passed. 
 
 SCHOOL LIBRARIES. 
 
 Sec. LVIII.* For the purpose of furnishing school 
 libraries and apparatus to all the common sc'>onlR \n the 
 state, and for the further purpose of sustai.iing ;i,i>! in- 
 creasing such libraries, and keeping up a supply ot school 
 apparatus in the schools as aforesaid, from time to time, 
 as may be considered necessary, in order to afford equal 
 facilities to the said schools in this respect, as nearly as 
 practicable, there shall hereafter be assessed, collected 
 and paid annually, in the same manner as the state and 
 county revenues are assessed, collected and paid, on tl.e 
 grand list of property taxable for state purposes, a state 
 tax of one-tenth of one mill on the dollar valuation, to be 
 applied exclusively for the purposes aforesaid, and the 
 attendant expenses, under the direction of the commis- 
 siouer of common schools. In purchasing the libraries 
 
 * An Act to repeal the school library tax. 
 
 Section 1. Be it enacted by the General AssenMy of the Stale of Ohio, That the 
 fifty-eigbth section of the act of May 14, 1853, to provide for the reorganization, 
 supervision and maintenance of common schools, so far as it relates to the 
 assessment of taxes for the purpose of furnishing and increasing school libra- 
 ries and apparatus, be and the same is hereby repealed. 
 Sec. 2. This act shall take effect on its passage. 
 
 RICHARD C. PARSONS, 
 SptaJcer qf the House of Representatives. 
 ROBERT C. kiKK, 
 March 10. 1860. President of the Senate. 
 
 One- tenth of 
 a mill to be 
 assps-ed for 
 libraries. 
 
 [Repealed.] 
 
 Sections LVIII—LXII. 
 
 141. Repeal of Library Tax. — The State library tax was re- 
 pealed March 10, 1860, and there is novr no fund under the control 
 of the School Commissioner that can be apphed to the purchase of 
 library books or apparatus for the schools of the State. Boards of 
 education are, however, still accountable for the preservation of the 
 books and apparatus hitherto supplied by the State, and they are 
 forbidden to sell or alienate the same for any cause whatever. 
 
 142. Purchase of New Books and Apparatus. — By section 
 61, boards of education have full power to keep the original number 
 of books in school libraries, by purchasing books to replace those 
 that have been lost or destroyed. In thus replacing books, they are 
 not obliged to purchase the same books, or books of the same value.
 
 78 
 
 Which is to be 
 paid to state^ 
 treasurer. 
 
 Distribution 
 of books and 
 apparatus. 
 
 Central town- 
 ship libraries. 
 
 Distribution 
 of books to 
 ub-districtfi. 
 
 for the common schools, no books of sectarian or denomi- 
 national character shall be purchased for said libraries. 
 
 Sec. LIX. The amount of said tax, when collected, 
 shall be paid over by the county treasurers to the stat« 
 treasurer, at the time of making their annual settlement, 
 and shall be paid out by that officer for the purposes 
 aforesaid, upon the warrant of the state auditor. 
 
 Sec. LX. It shall be the duty of the county auditor, 
 when the said libraries or apparatus shall be received, to 
 distribute the same to the clerks of the township boards of 
 education, or other local school offi.cers, in their respective 
 counties, having in charge the interests of common schools ; 
 and the books and apparatus so furnished, shall be deemed 
 the property of said several boards, or local school officers, 
 to whom the same may have been delivered, and shall not 
 be subject to execution, sale or alienation, for any cause 
 whatever. 
 
 [^s amended March 18, 18t)4. 61 Stat. 35, Sec. 9.]^ 
 
 Sec. LXI. The local boards of education, or other 
 school officers having charge of common schools, are 
 hereby authorized and required, in order to secure the 
 preservation of said books, to collect and consolidate them 
 into one central library, and to provide for the same a 
 suitable book-case, with lock and key, and to make all 
 other arrangements necessary for the safe-keeping of the 
 books : Provided, that when the people of the sub-districts 
 desire a distribution of the books to said sub-districts, and 
 responsible persons therein are willing to act as librari- 
 ans, a portion of the books in the central or townsliip 
 library may be divided and distributed to said sub-dis- 
 tricts ; but the books so distributed shall be returned to 
 
 The intention of the law is to secure a preservation of the libraries of 
 the State, through the action of the local school authorities. Books 
 of a denominational or sectarian character can not be purchased. 
 
 143. CONSOLIJDATION OF SuB-DISTRICT LIBRARIES. By SeCtion 
 
 61, it is made the duty of boards of education to collect and consoli- 
 date the library books under their control into one central library. 
 Each family of the township or district is entitled still to the use of 
 the books, and the library must he hept open at stated periods through^ 
 out the year. A township librarian should be appointed ; and when 
 the books are distributed to any sub-district, a librarian resident 
 therein should be appointed to receive and take care of the same. 
 
 144. Report to Auditor. — By section 19, it is made the duty 
 of boards of education to report to the county auditor, annually, the 
 number and condition of the books in the school library under their 
 control.
 
 79 
 
 the central library within six months thereafter, when 
 another division and distribution of the books may be 
 made. The township or local boards of education shall 
 have power to keep said libraries in good condition, with 
 the original number of books; to prescribe the time of 
 taking and the period of returning the books to the libra- 
 ries, and also to assess and collect the damages which may 
 be done to the books by persons entitled to their use, and 
 also to provide for the safe-keeping of the school appara- 
 tus; and said boards of education shall be held accounta- 
 ble for the preservation of the libraries and apparatus 
 committed to their care and keeping. 
 
 Sec. LXII. It shall be the duty of the local school 
 boards, or other school othcers having charge of schools, 
 to appoint the librarians and determine the places where 
 the libraries shall be deposited, selecting such central 
 points as will best accommodate the schools and families 
 of the districts or sub-districts, as hereinafter provided; 
 and every family in each district or sub -district shall be 
 entitled to the use of one volume at a time from the school 
 library, although no member of such family attends any 
 of the schools of the township ; and the library shall be 
 open, under the inspection of the librarian, at .stated pe- 
 riods throughout the year, to be prescribed by the board 
 of education, or other proper school officers, without re- 
 gard to the sessions of the schools. 
 
 STATE COMMON SCHOOL FUND. 
 [As amended May 1, 1854.] 
 
 Sec. LXIII. For the purpose of affording the advan- 
 tages of a free education to all the youth of this state, the 
 state common school fund shall hereafter consist of such 
 sum as will be produced by the annual levy and asaess- 
 
 LibraripH to 
 be kiipt in 
 good condi- 
 tioa. 
 
 Board ac- 
 countable for 
 their preser- 
 vation. 
 
 Who to ap- 
 point libra- 
 rian, etc. 
 
 Families enti- 
 tled to books. 
 
 One and a 
 half mills on 
 the dollar to 
 be assessed 
 for school pur 
 
 Section LXIII. 
 
 145. State School Tax. — By section 1 of an act prescribing 
 the rates of taxation, passed April 30, 1862, and amended March 25, 
 1864, (see page 80) the State levy for the support of common schools 
 was reduced to one mill and three-tenth?,. The fund arising from this 
 levy is called the " State Common School Fund." The State levy 
 was originally fixed at two mills, but was reduced in 1854 to one mill 
 and a half, and again in 1860 to one mill and four-tenths. 
 
 146. Irreducible School Fund. — There is also a common 
 school fund arising from the interest on the Virginia Military, United 
 States Military or Western Reserve School Funds, and from rent of 
 or the interest on the proceeds of the sale of " Section Sixteen." By 
 an act passed March 2, 1831, all funds arising from the sale of lands
 
 80 
 
 poses, and col- 
 It cted and dis- 
 tributed. 
 
 Action there- 
 for. 
 
 Judgment 
 again!" | 'chool 
 board, how to 
 be paid. 
 
 Kates of taxe* 
 to be levied 
 
 — for state guv 
 ernmeut. 
 
 — for sinking 
 fund. 
 
 meut of one and a half mill [one mill and three-tenths^l upon 
 tlie dollar valuation, on the grand list of the taxable prop- 
 erty of the state; and there is hereby levied and assessed 
 annually, in addition to the revenues required for general 
 purposes, the said one and a half mill upon the dollar val- 
 uation, as aforesaid ; and the amount so levied and as- 
 sessed, shall be collected in the same manner as other 
 state taxes, and when collected, shall be annually distrib- 
 uted to the several counties of the state, in proportion to 
 the enumeration of scholars, and be applied exclusively 
 to the support of common schools. 
 
 ESTIMATES FOR DEBTS. 
 lAs amended Feb. 18, 1859. 56 StcU. 23 ] 
 
 Sec. LXIV. The debts which have heretofore been 
 contracted by any school district for school purposes shall 
 be provided for by the estimate of the proper school boards 
 created under the provisions of this act, and action may 
 be brought against such boards to recover the same. 
 "When any judgment shall be obtained against any such 
 school board, it shall be the duty of said board to make 
 an estimate for the district or sub-district, as said board 
 
 *An act to amend " an act prescribing the rates of taxation for state, county, township, city, 
 and other purposes," passed April 3>J, 1862. and the sixth section of the act entitled " an act 
 to provide for the defense of the state, and for the support of the federal government against 
 rebellion,'" passed April 18, 1861. 
 
 [Passed March 25, 1864. 61 vol. Stat. 61.] 
 
 Be it enacted hy the General Assembly of the S ate of Ohio, That i3ection one of 
 the act entitled " an act prescribing the rates of taxation for state, county, 
 township, city, and other purposes," passed April 30, 18G2, be so amended as 
 to read as follows: 
 
 Sec. 1. That hereafter there shall be levied annually, for state purposes, on 
 each dollar of taxable property in this state, as valued and entered on the grand 
 list of taxable property in each year, taxes at the rates herein specified, in lieu 
 of the taxes heretofore authorized by law to be levied, namely : For the ordi- 
 nary expenses of the state government, including the expenses of the benevo- 
 lent institutions, and other charges on the general revenue, one mill ; for the 
 sinking fund, applicable to the payment of the interest on the state debt, and 
 the gradual reduction of the principal thereof, nine-tenths of one mill, exclu- 
 sive of and in addition to the levy for the principal and interest of the " Union 
 Loan ;" and for the support of the common schools in the state one mill and 
 three-tenths. 
 
 appropriated by Congress, and paid into the State treasury, were made 
 an irreducible fund, bearing an annual interest of six per centum. 
 These funds novir constitute a capital of $3,163,578 ; Chapter V. The 
 apportionment and disbursement of the interest on these funds are 
 made in accordance with sections 24, 37, 38 and 39. 
 
 Section LXIV. 
 
 147. Sub-district Tax. — No sub-district tax can be levied for 
 any purpose whatever, except to satisfy a judgment as provided in 
 this section ; and it is questionable whether a sub-district tax can be
 
 81 
 
 may deem equitable, of the amount required to satisfy 
 such judgment, with interest and costs. Said amount so 
 estimated shall be certified to the county auditor, shall be 
 assessed by him upon the district or sub-district, as the 
 case may be, and shall be collected and paid out in the 
 same manner as other school taxes, upon the order of the 
 clerk of said board upon the township treasurer, to sat- 
 isfy the judgment aforesaid. 
 
 Sec. LXV". The process, in all suits against any town- Process 
 ship board of education, or other local officers having *»^«''"st schoo 
 charge of any of the public schools under the provision's ° '^^^^' 
 of this act, shall be by summons, and shall be executed 
 by leaving a copy thereof with the clerk or secretary of 
 such board, or other school officers, at least ten days be- 
 fore t^ie return day thereof. And any suit either in favor n t f o« 
 of or against any such board, or other school officers, shall ciuing attor- 
 be prosecuted or defended, as the case may be, by the "^7- 
 prosecuting attorney of the proper county, as a part of 
 his official duties. 
 
 ADOPTION OF GENERAL SCnOOL LAW. 
 
 Sec. LXYI. The local board of education, or other How schools 
 local officers having charge of schools in any city, town- ^o'^*^"^^ »•'- 
 
 1 . -n • u- I Till derotherlaws 
 
 ship or village, in which common schools have been may accept 
 organized under the act for the l)etter regulation of public thi^not. 
 schools in cities, towns, etc., or under any special act, 
 shall be, and are hereby authorized, whenever they may 
 dccai it expedient, to call a meeting of the qualified 
 voters of any such city, township or village, on giving 
 thirty days public notice thereof, to determine by vote 
 whether the common schools of such city, township, or 
 
 levied under this section except to satisfy a judgment obtained to 
 liquidate a debt contracted previous to the repeal of section 23, (April 
 30, 18G2.) It is the opinion of some that a tax may be levied under 
 this section upon a sub-district to pay the costs of a suit brou"-ht 
 against said sub-district for the dismissal of a teacher for "frivolous or 
 insufficient reason." See Opin. 18 ; also Supp. sec. 9. 
 
 Section LXV. 
 
 148. Prosecutino Attorney. — The prosecuting attorney is by 
 this section made the legal counsel of school officers. 
 
 Section LXVL 
 
 149. Adoption op General School Law. — By section 32, 
 
 every city or incorporated village, not organized as to schools by laws 
 
 specified in section 67, and containing, with the territory annexed, 
 
 not less than three hundred inhabitants, is created a separate school 
 6
 
 Board may 
 be elected or 
 appoiuttid. 
 
 82 
 
 village shall be conducted and managed in accordance 
 with the provisions of this act ; and if a majority of the 
 voters are found to be in favor of the change, then said 
 local board, or other local school officers, shall thereafter 
 proceed, in accordance with the provisions of this act, 
 until their successors shall be elected and qualified ; and 
 such city or village may provide by ordinance for the 
 election or appointment of a board of education, prescrib- 
 ing their number and term of office ; and such board, 
 when so elected or appointed and qualified, shall, together 
 with the clerk or recorder of such city or village, possess 
 the same powers and discharge the same duties, within 
 the limits of their jurisdiction, as local directors and 
 boards of education in townships. 
 
 district under this act. By this section (66) any city, township or 
 village organized as to schools by either of the laws specified in 
 section 67, may adopt the general school law by submitting the 
 question to the qualified voters resident therein. In case the 
 council of a city or village adopting this act do not " provide by 
 ordinance for the election or appointment of a board of education, 
 prescribing their number and term of office," such board of education 
 will consist of three persons, to be elected as prescribed in section 
 32 ; but at any time the number and term of office of the members 
 of such board of education may be changed by ordinance, as provided 
 in this section. 
 
 150. Adoption of " School Law of 1849." — Any city or 
 incorporated village, not organized as to schools under the " Akron 
 School Law," or other special law, and containing, with the territory 
 annexed, two hundred inhabitants or more, may adopt the " act for 
 the better regulation of public schools in cities and towns, etc., 
 popularly known as the " School Law of 1849," in the manner 
 prescribed in said act. Chapter IIL 
 
 By an act, passed March 13, 1850 (Chapter III), any sub-district, 
 containing not less than Jive hundred inhabitants, whether or not 
 such sub-district contains an incorporated village, may organize as a 
 separate school district under the provisions of the aforesaid act. 
 
 151. Adoption of Akron School Law." — By section 1 of 
 an act passed February 14, 1848 (Chapter III), any city or 
 incorporated village may have the provisions of the act entitled *' an 
 act for the support and better regulation of common schools in the 
 town of Akron " (Chapter IV), extended to it whenever two-thirds of 
 the qualified voters thereof shall petition the town or city council in 
 favor of having the provisions of said act so extended. The enact- 
 ment of the general school law did not repeal this provision. See 
 section 67.
 
 83 
 
 SPECIAL SCHOOL LAWS. 
 
 Sec. LXVII. Thi? act shall not be so construed as to Certain acts 
 repeal, change, or modify in any respect, the several pro- by\Ms^\^'^ 
 visions of the " act for the support and better regulation 
 of common schools in the town of Akron," passed Feb- 
 ruary 8, 1847, and the acts amendatory thereto ; or the 
 " act for the better regulation of schools in cities, towns, 
 etc.," passed February 21, 1849, and the acts amendatory 
 thereto, nor the several acts creating special school 
 districts, or any other special acts in relation to schools. But ^nch acts 
 except that it is hereby made the duty of the several affected, aad 
 boards of education, or other school oificers acting under 
 the provision of any of the acts to which reference has 
 been made in this section, to make similar reports of 
 school statistics annually, as required of school oificers 
 
 Section LXVII. f 
 
 152. Special School Districts. — All ot the provisions of this 
 act, which do not repeal, change or modify in any respect, the several 
 provisions of the acts specified in this section, and the acts amenda- 
 tory thereto, do apply (so far as in the nature of the case they may 
 be applicable) to all school districts of the state, whether organized 
 under general or special laws. The duties and powers of the state 
 commissioner of common schools extend alike to all districts, and his 
 instructions are equally binding on all school officers. The following 
 sections apply in whole or in part to every school district of the state : 
 Sections 8, 9, 15, 17, 18, 19, 22 (in part), 24 (in part), 31, 36, 37, 
 38, 39, 42, 43, 52, 53, 54, 60, 61, 62, 64, 65, &% 67, and 68 ; and 
 supplemental sections. 
 
 153. Reports of School Statistics — By section 52, the 
 state commissioner is authorized to require of all school officers such 
 "information in relation to the funds and condition of schools, and 
 the management thereof, as he may deem important;" and by this 
 section it is more specially provided that school officers acting under 
 the provisions of special acts, shall make " similar reports of school 
 statistics annually, as [is] required of school officers by this act." 
 
 154. Forfeiture of School Funds. — County auditors are, by 
 this section, positively forbidden to draw an order for the distribution 
 of any portion of the school fund to any school district, whether 
 organized under general or special law, unless the proper school 
 officers of such district shall have deposited with said auditor, an 
 abstract of the enumeration of scholars and other statistics relative to 
 the schools under their charge, as required by this act (sections 8, 18, 
 19, and 52) of teachers, local directors, and boards of education in 
 townships.
 
 84 
 
 Forfeiiuro of 
 school funds ; 
 on what oon- 
 dition. 
 
 Powei; of 
 board tb re- 
 ceive grants 
 or donatio! 8. 
 
 Rppoaling sec- 
 i!' n. 
 
 by this act ; nor shall it be lawful for any county treasurer 
 to pay over any portion of the school fund to any local 
 treasurer, board of education, or other school officer of 
 any city, township, or village, organized as to schools 
 either under a general or a special law, except on the 
 the order of the auditor of the proper county ; and no 
 such order shall be drawn by the county auditor, unless 
 the local treasurer, clerk, recorder, or secretary of such 
 board, or other school officer, shall first deposit with said 
 auditor annually, an abstract of the enumeration of 
 scholars and other statistics relative to the schools under 
 their charge, as required by this act, of teachers, local 
 directors, and boards of education in townships. 
 
 Sec. LXVIII. The respective township boards of educa- 
 tion, and their successors in office, shall have power to 
 take and hold in trust, for the use and benefit of any 
 central or high school, or sub-district school in the town- 
 ship, any grant or devise of land, and any donation or 
 bequest of money or other personal property, to be applied 
 by the board to the maintenance and support of any such 
 school or schools, according to the intention of the grant 
 or donation. 
 
 ACTS REPEALED. 
 
 Sec. LXIX. That " an act for the support and better 
 regulation of common schools, and to create permanently 
 the office of superintendent," passed March seventh, one 
 thousand eight hundred and thirty-eight; an act to 
 
 By section 52, the state commissioner is required to exercise such 
 supervision over the educational funds of the state as may be neces- 
 sary to secure their safety and right application, and distribution 
 according to law. See also section 87. 
 
 155. Teacher's Right to inflict Corporal Punishment. — 
 The question as to the right of a teacher to inflict corporal punish- 
 ment upon scholars, has never come before the Supreme Court of 
 this State. Teachers have been prosecuted in this as well as other 
 States for inflicting such punishment, and the question as to their legal 
 right to do so has been frequently raised, but the decisions have very 
 generally been in favor of such right. The teacher being in loco 
 parentis, and responsible for the government and proper discipline of 
 his school, is clothed with the same power to punish scholars for re- 
 fractory conduct which is allowed by law to a parent in the govern- 
 ment of his children. The decisions of all the cases of this kind, 
 within the knowledge of the undersigned, have generally turned on 
 the point whether the punishment was reasonable or not.
 
 85 
 
 amend an act entitled " an act for the support and better 
 regulation of common schools, and to create permanently 
 the office of superintendent," passed March sixteenth, one 
 thousand eight hundred and thirty-nine ; an " act to 
 abolish the office of superintendent of common schools," 
 passed March twenty-third, one thousand eight hundred 
 and forty; an act to amend the act entitled "an act for 
 the support and better regulation of common schools, and 
 to create permanently the office of superintendent," of 
 March seventh, one thousand eight hundred and thirty- 
 eight, and the act amendatory thereto, passed March 
 twenty-ninth, one thousand eight hundred and forty-one; 
 an act to amend the act entitled " an act for the support 
 and better regulation of common schools, and to create 
 permanently the office of superintendent," passed March 
 seventh, one thousand eight hundred and forty-tw^o ; an 
 act further to amend the act entitled " an act for the sup- 
 
 In a case which came before John C. Spencer, one of the ablest 
 jurists of the State of New York, while he was superintendent ex 
 officio of common schools, he decided that "the authority of the 
 teacher to punish his scholars extends to acts done in the school-room 
 or on the play -ground. The teacher of a school has, necessarily, the 
 government of it, and lie may prescribe the rules and principles on 
 which such government will be conducted. The trustees .should not 
 interfere with the discipline of the school, except on complaint of 
 misconduct on the part of the teacher ; and they should then invari- 
 ably sustain such teacher, unless his conduct has been grossly wrong. 
 
 A similar decision was made by John A. Dix, a distinguished 
 statesman and jurist, while he was superintendent of common schools. 
 He said : " The teacher is responsible for maintaining good order, 
 and he must be the judge of the degree and nature of the punish- 
 ment required, where his authority is set at deliance. At the same 
 time, he is liable to the party injured for any abuse of a prerogative 
 which is wliolly derived from custom." 
 
 In Kent's Commentaries, seventh edition, Vol.11., page 212, note, 
 the following decision may be found : " A schoolmaster, who stands 
 in loco parentis, may, in proper cases, inflict moderate and reasonable 
 chastisement." Slate v. Prendergrass. 
 
 The subjoined cases are somewhat analogous : " The master of a 
 vessel may inflict moderate correction on his seamen, for sufficient 
 cause ; yet if he exceeds the bounds of moderation, and is guiUy of 
 unnecessary severity, he will be liable for a trespass." 14 Johns. 
 Rep. 119. "A master may justify the chastisement of his appren- 
 tice, servant, or scholar, if it is done with a proper instrument and in 
 a proper manner." 3 Salkeld, 47.
 
 •v-J- 
 
 86 
 
 port and better regulation of common schools, and to 
 create permanently the office of superintendent," passed 
 March eleventh, one thousand eight hundred and forty- 
 three; an act to amend the act entitled "an act for the 
 support and better regulation of common schools, and to 
 create permanently the office of superintendent," passed 
 March twelfth, one thousand eight hundred and forty- 
 four; an "act to amend the sixth section of an act for 
 the support and better regulation of common schools, and 
 to create permanently the office of superintendent," passed 
 March twelfth, one thousand eight hundred and forty -live; 
 an act to amend the act entitled " an act to amend an act 
 for the support and better regulation of common schools, 
 and to create permanently the office of superintendent," 
 passed March twelfth, one thousand eight hundred and 
 forty-five ; " an act authorizing school directors to estab- 
 lish libraries for the use of common schools," passed 
 
 In Wharton's American Criminal Law, page 464, the following 
 principle is laid down : "It is admissable for the defendant to show 
 tliat the alleged battery was merely the correcting of a child by its 
 parent, the correcting of a servant or scholar by his master, or the 
 punishment of the criminal by a proper officer ; but if the parent or 
 master chastising the child exceed the bound of moderation, and in- 
 flict cruel and merciless punishment, he is a trespasser, and is liable 
 to be punished by indictment. The law confides to schoolmasters 
 and teachers a discretionary power in the infliction of punishment 
 upon pupils, and will not hold them responsible criminally, unless the 
 punishment be such as to occasion permanent injury to the child, or 
 be inflicted merely to gratify their own evil passions." 
 
 From the foregoing opinions and decisions, the principle would 
 seem to be pretty well settled, that the power allowed by law to the 
 parent over the person of his child is, by the act of sending the 
 child to school, delegated, for the time being, to the teacher; and that 
 the same circumstances which would justify a parent in resorting to 
 corporal punishment, in order to subdue a disobedient child, will also 
 justify a teacher in the use of the same means to control a refractory 
 scholar. 
 
 There has been, it is true, much diversity of opinion among emi- 
 nent educationists, and others, as to the necessity, expediency, or 
 even utility, of corporal punishment as a means of school govern- 
 ment ; but the right of the teacher thus to punish his scholars, for 
 stubborn and continued resistance to his authority, has not been judi- 
 cially denied. — H. H. Barney, Commissioner of Common Schools, 
 1855.
 
 87 
 
 February twenty-eighth, one thousand eight hundred and 
 forty-six ; an act to amend an act passed March eleventh, 
 one thousand eight hundred and forty-three, entitled an 
 act further to amend the act entitled " an act for the 
 support and better regulation of common schools, and to 
 create permanently the office of superintenxlent," passed 
 March second, one thousand eight hundred and forty-six; 
 " an act to provide for the appointment of county super- 
 intendents of common schools, and defining their duties 
 in certain counties therein named," passed February 
 eighth, one thousand eight hundred and forty-seven ; an 
 act further to amend the act entitled " an act to amend 
 an act entitled an act for the support and better regula- 
 tion of common schools, and to create permanently the 
 otfice of superintendent," passed February eighth, one 
 thousand eight hundred and forty-seven ; an act to amend 
 an act entitled " an act for the support and better regu- 
 
 156, Teacher's Right to open School with Prater. — Oa 
 this extremely delicate and important matter I have not been able to 
 find any decision of the Supreme Court of this State. But in the 
 State of New York it has been decided, under a school law similar 
 to that of this State, that " teachers may open and close their schools 
 with prayer and the reading of the scriptures, provided they take 
 care to avoid all controverted points or sectarian dogmas." 
 
 In some States it has been held that teachers cart not claim this 
 right as a matter of course, but that school officers may, in the exer- 
 cise of 'a sound discretion, permit them to open and close their schools 
 with prayer, provided the inhabitants of the district do not seriously 
 object, and provided also that the harmony of the district would not 
 seriously be disturbed thereby. 
 
 If the teacher in his prayers avoids all sectarian dogmas, and does 
 not improperly consume time, I do not see why he may not be per- 
 mitted to do what he believes to be his conscientious duty for the wel- 
 fare of those committed to his charge, by appropriately invoking the 
 blessings of God upon his important and responsible labors, as by 
 properly addressing or lecturing his pupils upon the importance of a 
 strict adherence to the principles of truth, justice and morality. 
 
 But the teacher should not insist on this privilege, nor should the 
 local directors grant it, in cases where it would create dissatisfaction 
 in the district, or induce a portion of the inhabitants to withdraw 
 their children from school, because of sincere conscientious scruples 
 on this subject. 
 
 The question as to the right of opening a school with prayer is one 
 qf great delicacy, and should be treated accordingly. In a matter of 
 such grave character, involving the interests of religion, the freedom.
 
 88 
 
 lation of common schools, and to create permanently tlie 
 office of superintendent," passed March seventh, ooe thou- 
 sand eight hundred and thirty-eight, and the acts amend- 
 atory thereto, passed February twenty-fourth, one thou- 
 sand eight hundred and forty-eight ; " an act to secure 
 the returns of the statistics of common schools," passed 
 January twenty-first, one thousand eight hundred and 
 forty-eight ; an act to provide for the establishment of 
 common schools, for the education of black and mulatto 
 persons, and to amend the act entitled " an act for the 
 support and better regulation of common schools, and to 
 create permanently the office of superintendent," passed 
 March seventh, one thousand eight hundred and thirty- 
 eight, and the acts amendatory thereto, passed February 
 twenty-fourth, one thousand eight hundred and forty- 
 eight; an act to amend the act entitled "an act for the 
 support and better regulation of common schools, and to 
 
 of conscience, and a sense of duty, school officers, teachers, and the 
 inhabitants generally, should exercise great forbearance and a spirit 
 of conciliation. 
 
 John C. Spencer, one of the most distinguished jurists in the State 
 of New York, while acting as superintendent of common schools in 
 that State, decided a similar question as follows, viz. :****" If any 
 parents are desirous of habituating their children to the practice of 
 thanking their Creator for his protection dui-ing the night, and invok- 
 ing his blessings on the labors of the day, they have a right to place 
 them under the charge of the teacher for that purpose. But neither 
 they nor the teacher have any authority to compel the children of 
 other parents, who object to the practice, from dislike of the individual 
 or his creed, or from any other cause, to unite in such prayers. 
 
 "And, on the other hand, the latter have no right to obstruct the 
 former in the discharge of what they deem a sacred duty. Both 
 parties have rights ; and it is only by a mutual and reciprocal regard 
 by each of the rights of the other that peace can be maintained, or a 
 school flourish. The teacher may assemble in his school-room, be- 
 fore nine o'clock, the children of those parents who desire him to 
 conduct religious exercises for them ; and the children of those who 
 object to the practice will be allowed to retire or absent themselves 
 from the room. If they persist in remaining there, they must con- 
 duct Avith the decorum and propriety becoming the occasion. If 
 they do not so conduct, they may be dealt with as intruders." 
 
 In the same State, it was held by Gen. John A. Dix, an eminent 
 statesman and jurist, that " the teacher of a school may open it with
 
 create permanently the office of superintendent," passed 
 March seventh, one thousand eiijht hundred and thirtv- 
 eight, and the acts amendatory thereto, passed February 
 twenty-fourth, one thousand eight hundred and forty- 
 eight; an act to amend the eighteenth section of the 
 school law of March seventh, one thousand eight hundred 
 and thirty-eight, passed February fourteenth, one thou- 
 sand eight hundred and forty-eight; "an act to authorize 
 the establishment of separate schools for the education of 
 colored children, and for other purposes," passed February 
 tenth, one thousand eight hundred and forty-nine ; an act 
 to amend the act passed February twenty-fourth, one 
 thousand eight hundred and forty-eight, entitled " an act 
 to amend the act entitled an act for the support and 
 better reglulation of common schools, and to create per- 
 manently the office of superintendent," passed March 
 seventh, one thousand eight hundred and thirty-eight, and 
 
 prayer, provided he does not encroach on the hours allotted for in- 
 struction, and provided the attendance of the scholars is not exacted 
 
 as a matter of school discipline." 
 
 ******* 
 
 Believing that the foregoing opinions and decisions may now be 
 regarded as the well-settled rule in tlie premises, and that they are 
 founded on principles of equity, and in accordance with that spirit o 
 entire religious toleration which characterizes our constitution and 
 laws, and which ought to characterize every institution founded by 
 the State, I feel no inclination to gainsay them. 
 
 Let it be distinctly understood, however, that if no objections are 
 raised against religious exercises in school, if the exercises are of 
 reasonable length, and if the teacher takes care to avoid the discus- 
 sion of all controverted points, or sectarian dogmas, he may conduct 
 those exercises, dui-ing school hours. — H. H. Barney, Commissioner 
 of Common Schools, 1856. 
 
 157. Teacher's Jurisdiction over his Pupils.* — The legal 
 
 * The followiug positions, as general rules, in reference to the control which 
 a teach-r may legally exercise over his pnpils in respect to time and place, 
 are, we believe, fully sustained in law : 
 
 1st. In the school-room, the teacher has the exclusive control and Pupervis- 
 ion of his pupils, subject only to such regulations and diructious as mayij 
 prescribed or given by the school committee. 
 
 2d. The conduct of the pupils on any part of the premises connected with 
 the school-house or in the immediate vicinity of the same (the pupils bi-ing 
 thus virtually under the care and oversight ol' thi! teacher), whether within the 
 regular school hours or before or after them, is properly cognizable l)y the 
 teachi-r. And any disturbances made by them or offenses committed by them 
 within this range, injuriously afl'ecting in any way the interests of the school, 
 may clearly be the subjects of reproof and correction by the teacher. 
 
 iJd. In regard to what transpires by the way in going to or returning from 
 school, the authority of the teacher may be regarded as concurrent with that
 
 90 
 
 the acts amendatory thereto, passed March sixth, one 
 thousand eight hundred and forty-nine; an act to amend 
 an act entitled " an act for the support and hetter regula- 
 tion of common schools, and to create permanently the 
 office of superintendent," passed March twelfth, one thou- 
 sand eight hundred and forty-nine; an act to amend an 
 act entitled " an act for the support and hetter regulation 
 of common schools, and to create permanently the office 
 of superintendent," passed March seventh, one thousand 
 eight hundred and thirty-eight, and the acts amendatory 
 thereto, passed March twenty-fourth, one thousand eight 
 hundred and forty-nine ; an act in relation to school dis- 
 trict tax, providing for the annual school district meetings, 
 and requiring maps of school districts, passed March 
 seventh, one thousand eight hundred and fifty; an act 
 for the appointment of a state board of public instructioa, 
 passed March twenty-second, one thousand eight hundred 
 
 right of the teacher to punish his scholars for disorderly acts done in 
 the school-room or on the play-ground, before the opening of the 
 school, after its close, during morning or afternoon recess, or at nooo, 
 has been fully recognized by the courts of this country. But whether 
 his authority to punish his scholars extends to immoral or disorderly 
 conduct elsewhere, is not so fully established. By some it is con- 
 tended that the legal right of a teacher to inflict corporal punishment 
 upon a scholar in any case, is derived from the fact that he stands in 
 loco parentis, and therefore it can not be extended to acts done before 
 this relation has commenced, or after it has terminated, without the 
 express consent of the parent. It is further contended that this dele*- 
 gation to the teacher of the power allowed by law to the parent ovea- 
 the person of his child, does not take place till the child has reached 
 
 of the parent. So far ae offenses are concerned for which the pupils commit- 
 ting them would be amenable to the laws, such as larcenies, trespasses, eto., 
 which come more particularly within the category of crimes against the State. 
 it is the wisest coarse generally for the teacher (whatever may be his legal 
 power) to let the offenders pass into the hands of ji^aicial or parental authority 
 for discipline and punishment. And it is never worth while for teachers to 
 exercise any doubtful authority, as they may thereby involve themselves in 
 controversies with parents and others, and expose themselves to the liability 
 of being harassed by a prosecution at law. 
 
 But as to any misdemeanors of which the pupils are guilty in passing be- 
 tween the school-house and their home, which directly and injuriously ajfect tJa 
 good order and. governvient of the school, atid the right training of the scholars, such as 
 truancy, willful tardiness, quarreling with other children, the use of indecent 
 and profane language, etc., there can be no doubt that these come within the 
 jurisdiction of the teacher, and are properly matters for discipline in tht^ schooL 
 
 4th. Teachers may, at their discretion, detain scholars a reasonable time 
 after the regular school hours, for the purpo.^es connected with the discipline, 
 order, or instruction of the school. This practice has been sanctioned by 
 general and immemorial usage among our schools, and by the authority and 
 consent of school committees, expressed or implied, and has been found exoeeOj- 
 ipgly useful in its influence and results. — Sooker.
 
 91 
 
 and fifty ; an act supplementary to the act for the appoint- 
 ment of a state board of public instruction, passed March 
 twenty-third, one thousand eight hundred and fifty ; an 
 " act providing for school districts, and school district 
 meetings, prescribing the duties of district officers and 
 clerks and treasurers of townships, and increasing the 
 state and county common school funds," passed March 
 twenty-fourth, one thousand eight hundred and fifty-one — 
 be, and the same are hereby repealed: Provided, that the Liabilities 
 obligations or liabilities incurred, and the rights acquired J.-g^'jfcq^uir. 
 under the provisions of any of the acts hereby repealed, ed^ot affect- 
 shall remain, and be in no wise altered or affected, but ed. 
 may be enforced, as if this act had not been passed ; and 
 the school officers in the several school districts of the 
 state, as now organized, shall hold their respective offices 
 and perform their respective duties, until the local di- 
 
 the school premises, and must end when he leaves for home. On 
 the contrary, it is maintained by others, that the right of a teacher to 
 hold his scholars responsible for improper conduct on their way to and 
 from school, is fully sanctioned by usage. Under all the circumstances, 
 it is believed that the most prudent course for a teacher to take in a 
 case like the one presented, would be to notify the parent of the mis- 
 conduct complained of, and if his permission to punish the offending 
 scholar can not be obtained, and the disorderly behavior be repeated, 
 tlien to refer the matter to the board of education. 
 ' There can be no doubt that boards of education possess the legal 
 power to make and enforce such rules and regulations as, in their 
 judgment, may be necessary for the best interests of the schools 
 within their jurisdiction ; and it is their duty as well as their right 
 to co-operate with the teacher in the government of the school, and 
 to aid him to the extent of their power and influence in the enforce- 
 ment of reasonable and proper rules and regulations, and to dismiss 
 a scholar from the school whenever he uses at school, or on his way 
 to or from the same, such rude, vulgar or profane language, and ex- 
 hibits such a degree of moral depravity generally, as to render his 
 association with other scholars dangerous to the latter, or whenever 
 he manifests such violent insubordination as to render the mainte- 
 nance of discipline an order in the school impracticable, or extremely 
 difficult. It is also the duty as well as the legal right of the local 
 directors to see that the general character, usefulness, and prosperity 
 of the school are not impaired by allowing those to remain in it, whose 
 whole influence, conduct, and bad character have forfeited all claim 
 to the enjoyment of its privileges. — H. H. Baknet, Commissioner 
 of Com, Schools, 1855.
 
 92 
 
 rectors herein provided for shall have been ciected and 
 qualified. 
 
 JAMES 0. JOHNSON, 
 
 Speaker of the Home of JRepresentatives. 
 GEORGE KEX, 
 President of the Senate, pro tempore. 
 
 All treasurers 
 must file cer- 
 tificate of 
 bond with 
 county audi- 
 tor. 
 
 Annual settle- 
 men and re 
 port. 
 
 SUPPLEMENTAL SECTIONS. 
 
 TREASURERS OF SPECIAL SCHOOL DISTRICTS. 
 [Passed March 18, 1864. CI Stat. p. 36, Sec. 10.] 
 
 Supp. Sec I. It shall be the duty of the treasurer of 
 any school district in the state, or the treasurer of any 
 board of education of any city or town, under any law of 
 the state, to furnish the auditor of his county with a cer- 
 tificate from the clerk, recorder, or board of education, of 
 such city, town, or district, stating that said treasurer has 
 executed and deposited the requisite bond, and stating 
 also the amount of such bond, as is required by the pro- 
 visions of this act, of township treasurers ; and the audi- 
 tor shall in no case permit said treasurer to have in his 
 hands, at any one time, an amount of school funds over 
 one half the amount of the penalty in such bond ; and it 
 shall be the further duty of said treasurer to make an an- 
 nual settlement with the county auditor, and to prepare 
 and forward to him an annual statement of the receipts 
 and disbursements of school funds, as is required by this 
 act, of township treasurers. 
 
 Supp. Section I. 
 
 158. School Treasurer. — The school law for cities and towns 
 (" School Law of 1849"), the "Akron School Law," and several 
 other special laws under which the schools of diiferent cities are or- 
 ganized, authorize boards of education to elect, from their own num- 
 ber, a treasurer, but do not contain a provision requiring such treas- 
 urer, so elected, to file a certificate of bond with the county auditor, 
 or make an annual settlement with said auditor, as is required by the 
 general school law of treasurers of townships and separate school 
 districts organized under its provisions. The object of this supple- 
 mental section is to supply the evident defect in the laws referred to, 
 and to hold all treasurei's who have the disbursement of school funds 
 to the same strict accountability. 
 
 By supp. section 2, the treasurer of a board of education of a city 
 or toAvn organized under either of the special laws above referred to, 
 may be allowed a reasonable compensation for the disbursement of 
 school funds.
 
 93 
 
 Compf»n«a- 
 tion of clerk 
 aod treasurer. 
 
 COMPENSATIOX OF CLERKS AND TREASURERS. 
 IPassed March 18, 1864. 61 Slat. p. 3fi, Sec. 11.] 
 
 Supp. Sec. II. Township trustees may allow the town- 
 Bhip clerk the same compensation out of the township 
 treasury for preparing the annual returns of the board of 
 education to the county auditor, and for issuing orders 
 upon the township treasurer for the payment of teachers, 
 and other similar clerical duties, as is allowed for other 
 services of like nature ; and boards of education in cities 
 and towns, under any law of the state, may also allow 
 the clerk and treasurer of said board a reasonable com- 
 pensation for the discharge of those duties for which 
 township clerks and treasurers are allowed compensation 
 by the provisions of this act; but it shall be unlawful for 
 any member of any board of education, organized under 
 any law of this state, to receive any compensation for his 
 services as member of said board, or to apply any money 
 coming into his hands, for the benefit of schools, to his 
 own use ; and any person violating either of the provisions 
 of this section, shall be liable to be prosecuted therefor, Penalty, 
 in a civil action to be instituted in the name of the state 
 of Ohio, before any court having competent jurisdiction, 
 and if found guilty in such action, shall be ordered and 
 
 Member? of 
 board not en- 
 titled to com- 
 pensation. 
 
 Snpp. Section IT. 
 
 159. Compensation of Township Clerks. — Township trus- 
 tees can not in justice refuse to allow township clerks a reasonable 
 compensation for the discharge of those important duties which the 
 school law enjoins upon them. It is regretted that the word " may," in 
 the second line of this section, is not shall, since it was the manifest 
 intention of the General Assembly to compensate township clerks 
 for all clerical services under the school law. The allowance of the 
 township clerk must be paid from the township treasury — not from 
 the school funds. It is hoped, however, that no trustee will need a 
 positive requirement to induce them to do an act of such manifest 
 justice. No duty can be plainer than theirs in allowing such com- 
 pensation. 
 
 160. Compensation of Clerks in Separate Districts. — 
 In cities and other separate school districts, the compensation allowed 
 the clerk of the board of education may be paid from the contingent 
 school fund under the control of the board. Neither the clerk nor 
 treasurer of any school board can be paid for services as members 
 of such board. The clerk can be paid for clerical duties only ; and 
 the treasurer for the safe-keeping and disbursement of school funds. 
 A member of a school board is forbidden to receive any compensp, 
 tion for services rendered " as member of said hoard." If appointed
 
 94 
 
 How appoint- 
 ed. 
 
 To whom 
 state certifi- 
 cates may be 
 granted. 
 
 Valid in any 
 county or dis- 
 trict. 
 
 adjudged by such court to pay any sum not less than the 
 amount of the compensation so unlawfully received, or 
 the money so unlawfully applied, not exceeding twice any 
 such sum ; and all moneys collected under the provisions 
 of this section shall be paid into the treasury of the town- 
 ship in which the action shall have originated, for the use 
 of common schools in the township. 
 
 STATE BOARD OF EXAMINERS. 
 [Passed March 18, 1864. CI Stat. p. 36, Sec. 12.] 
 
 Supp. Sec. III. It shall be the duty of the state com- 
 missioner of common schools to appoint a state board of 
 examiners, to consist of three competent persons, resident 
 in the state, who shall hold their office for two years, and 
 until their successors are appointed ; and all vacancies in 
 said board which may thereafter occur, by death, resigna- 
 tion, or otherwise, shall be tilled by appointment, by said 
 commissioner, for the unexpired term. The state board 
 of examiners thus constituted, are hereby authorized to 
 issue state cerCificates of high qualification to such teach- 
 ers as maybe found upon examination to possess requisite 
 scholarship, and who may also exhibit satisfactory evi- 
 dence of good moral character and of eminent profes- 
 sional experience and ability. All certificates issued by 
 said state board of examiners shall be countersigned by 
 the commissioner of common schools ; and such state cer- 
 tificate shall supersede the necessity of any and all other 
 examinations of the persons holding them by county or 
 local boards of examiners ; and such certificates shall be 
 valid, in any county, city, town, or school district of the 
 state during the life-time of the holder unless revoked 
 
 clerk, or treasurer, or acting manager of schools, he is entitled to pay 
 for all services rendered in such oflBcial capacity. 
 
 Supjp. Section III. 
 
 161. State Certificates. — In making provision for the issuing 
 of state certificates or diplomas to eminent teachers, the general 
 assembly has recognized teaching as an honorable profession. As 
 such, a diploma is only awarded on the most satisfactory evidence of 
 high moral, scholastic and professional attainments ; it entitles the 
 holder to respect and standing in the profession, and its possession is 
 worthy of any teacher's ambition. The provisions of the law are 
 general in their terms, but they confer all necessary power upon the 
 board, and clearly indicate their duties. The first appointment of a 
 state board, under the law, was made April 11, 1864.
 
 95 
 
 by said state board of examiners. Each male applicant 
 for a state certificate shall pay to the board of examiners 
 a fee of three dollars, and each female applicant a fee of ^^^• 
 two dollars. 
 
 TEACHEKS INSTITUTES. 
 [ raised March 18, 1864. 61 Slat. p. 37, Sec. 13,] 
 
 Supp. Sec. IV. In every county of the state in which 
 an association of teachers of common schools, called a 
 teachers' institute, has been or may hereafter be formed, 
 the treasurer of said county is hereby required to pay 
 over to the committee of said institute, upon the order of 
 the county auditor, such sum of money belonging to the 
 fund arising from the means and sources as provided in 
 the seventh section of this act [section 45], as may not 
 have been previously appropriated : provided, that no 
 part of the money shall be ordered by the county auditor 
 to be paid over, except upon the petition of at least forty 
 practical teachers, resident of the county, who shall there- 
 in declare their intention to attend such institute ; and it 
 shall be the duty of the oificers of every such teachers' 
 institute to report within thirty days after every meeting 
 of the same to the state commissioner of common schools, 
 the number of teachers in attendance, the names of the 
 
 Fund for 
 teachers' insti- 
 tute to be paid 
 over on peti- 
 tion of orty 
 teachers. 
 
 Report, to 
 school com- 
 missioner re- 
 quired. 
 
 SupiJ. Sec. IV and V. 
 
 162. Teachers' Institute Fund. — By section 45 of the general 
 school law, as amended March 18, 1864, applicants for a teacher's 
 certificate are required to pay to the county examiners, as a condition 
 of examination, a fee of fifty cents. All the money arising from 
 these funds is set apart for the support of teachers' institutes, with 
 the exception of so much of such money as may be necessary to pay the 
 necessary travelling expenses of the examiners and the cost of U. S. 
 revenue stamps for certificates, not exceeding in any one quarter one 
 third of the amount of fees collected during said quarter. See Opin. 
 126. When the funds arising from this source are not adequate to 
 pay the expenses of a good institute, a fee for tuition may be charged 
 the members, provided a notice of such tuition charge be publicly 
 made. 
 
 Institute funds, arising from examination fees, can be drawn from 
 the county treasury only on two conditions : 1. The existence of a 
 county teachers' association. 2. The petition of at least forty teachers 
 resident in the county in attendance upon an institute, or who declare 
 their intention to attend. A person who has never taught, but who 
 has a school engaged, may be regarded as a " practical teacher," so 
 for as such a petition is concerned. For form of petition, see appendix.
 
 96 
 
 Fnnrl paid 
 oVpr on peti- 
 tion of thirty 
 teachers. 
 
 Report. 
 
 instructors and lecturers, an account of the moneys 
 received and expended by them, and such other informa- 
 tion relating to the institute as the school commissioner 
 may require. 
 
 UNION INSTITUTES. 
 [Passed March 18, 1864. 61 Stat. p. 37, Sec. 14.] 
 
 Supp. Sec. V. "When an association of teachers of 
 common schools, called a teachers' institute, has been 
 formed by the teachers of two or more contiguous 
 counties, it shall be the duty of the auditor and treasurer 
 of each of the counties so united, to appropriate money 
 for the support of such institute, from the same funds, and 
 in the same manner as is required in the preceding section : 
 provided, that no such appropriation shall be made except 
 upon the petition of at least thirty practical teachers, 
 resident of the county, who shall declare their intention 
 to attend the meeting of said institute ; and the officers 
 of said institute shall make a full report of the proceed- 
 ings of the same to the commissioner of common schools, 
 as is required of the officers of county institutes. 
 
 SCHOOL MONTH. 
 [Passed Mare 64. 61 Stat. p. 37, Sec. 15.] 
 
 SuPP. Sec. VI. 'A school month shall consist of four 
 weeks, and it shall be the duty of boards of education, 
 
 I 
 
 By " an act to encourage teacher's institutes," passed February 8, 
 1847, and the acts amendatory thereto, all of which are still in force 
 (Chapter II), county commissioners are authorized, on specified 
 conditions, to appropriate, from the county treasury, a sum not ex- 
 ceedin"- one hundred dollars in any one year, for the support of a 
 teachers' institute duly organized. 
 
 163. Organization of a County Teachers' Association. 
 
 j^ meeting for this purpose may be called by one or more of 
 
 the county examiners, or by any other person or persons interested. 
 At this preUminary meeting an organization may be effected tempor- 
 arily by the election of a chairman and secretary, and also an 
 executive or business committee, with full authority to fix the time 
 and place of holding the first session of the institute, procure instruc- 
 tors and lecturers, and make all other necessary arrangements. A 
 permanent organization may be made by adopting a brief constitution, 
 and electing officers in accordance with its provisions. For form of 
 constitution, see appendix. Any teacher or friend of education may 
 be a member of a teachers' institute. 
 
 Supp. Section VI. 
 
 164. School Month — Holidays. — A school month consists of 
 four school weeks, the word « week" being clearly used in this section
 
 97 
 
 and other local school officers, in making the annual re- 
 turns of statistics to county auditors, required by this 
 act, and the acts to which it is amendatory, to report the 
 length of tlie terms of schools in weeks and fractional 
 parts thereof. 
 
 MINIMUM SCHOOL AGE IN CITIES. 
 [Passed March 18, 1864. 61 Stat. p. 37, Sec. 16.] 
 
 Supp. Sec. VII. The board of education of any city 
 or incorporated village, organized aud governed as to 
 schools by the provisions of this act, or the acts to which 
 tJiis is amendatory, and which with the territory annexed 
 contains not less than one thousand inhabitants, shall 
 have the authority to exclude from the common schools 
 in such city or village all children under the age of six 
 years. 
 
 to denote the period during which the school is usually in session 
 each week. When the school is taught but five days each week, 
 twenty school days will make a month ; when taught five and one 
 half-day each week (or every other Saturday), twenty-two school 
 days will make a month. The teacher may dismiss his school on 
 customary or national holidays, as the Fourth of July, Thanksgiving, 
 Christmas, New Year, etc., without forfeiting pay for such days. See 
 section G, Opin. 16. ^ 
 
 Supp. Section VII. 
 
 165. Childrkx under Six Years op Age. — This provision 
 authorizing board.< of education to exclude children under six years 
 of age applies only to cities and incorporated villages of more than one 
 thousand inhabitants, organized as to schools under the general school 
 law, to which the act of March 18, 1864, is amendatory. See section 
 4 of an act passed March 13, 1850, page 106. 
 
 166. Forfeiture op State School Funds (Supplementary to 
 Opin. 77). — If the annual estimates for school purposes made and 
 certified to the county auditor by the board of education are as great 
 as the law authorizes (three mills in townships), the State school 
 funds ivill NOT be forfeited, even though such estimates do not provide 
 sufficient funds to continue the schools twenty-four weeks each year. 
 Tlie faika-e in such case is clearly not the fault of the board, if the 
 township is properly sub-districted. 
 
 167. Colored Schools (Supplementary to Opin. 89).— It is 
 not the duty of sub-district local directors to make provision for a 
 separate school for colored youth, or to employ teachers for such 
 schools. This is the duty ^of the township board. But when the 
 
 ?
 
 98 
 
 Clerk and 
 treasurer of 
 township to 
 make record 
 of all moneys 
 received and 
 disbursed. 
 
 Clerk to de- 
 liver records 
 to his succeBS- 
 ot. 
 
 — penalty for 
 failure. 
 
 clerks' and treasurers' account books. 
 
 [Passed March 28, 1865. 62 Siat.p. 64, Sec. 4.] 
 
 Sup. Sec. VIII. It shall be the duty of the auditor of 
 each county in the state to furnish the clerk and treasurer 
 of the several townships in his county with a suitable 
 blank book each, made according to the form prescribed 
 by the commissioner of common schools, in which book, 
 as provided, it shall be the duty of said clerk and treasurer 
 respectively to make a record of all school moneys received 
 and disbursed during each school year, showing the 
 amount of school moneys in the hands of the said 
 treasurer on the first day of September of each year, and 
 also at the time of his annual settlement with the board 
 of education in April, and from what sources received ; 
 the amounts received during the school year, and from 
 what sources; the orders drawn or paid, as the case may 
 be, from what funds and for what purpose, and the 
 amount of school funds in the hands of said treasurer at 
 the close of the school year ; and at the expiration of his 
 official service, said township clerk shall deliver to his 
 successor in office the aforesaid book, also the book in 
 which is recorded the official proceedings of the board of 
 education, all certificates and reports of teachers required 
 by law to be filed in his office, and all other official books 
 and papers relating to schools in his hands ; and in case 
 of a failure to deliver such books and papers as herein 
 required, said township clerk shall be liable to a fine not 
 exceeding fifty dollars, to be recovered in a civil action in 
 the name of the state of Ohio, and when collected, to be 
 applied to the use of common schools. 
 
 tovs^nship board fail to establish separate schools for colored youth, 
 local directors may admit such colored youth to the school under their 
 control, provided such admission is not forbidden by the rules of the 
 township board. 
 
 168. Stamps on School Papers. — The follovping instructions 
 are based upon a decision of the Commissioner of Internal Revenue 
 respecting the application of the United States excise law to school 
 orders and papers in this State : 
 
 1. Warrants or orders drawn by county auditors on county treas- 
 urers for the payment of school funds to township or other local 
 treasurers, and orders drawn by township clerks on township treasu- 
 rers or by the elerk of any board of education on its treasurer for the 
 payment of school moneys to individuals, require no revenue stamp, 
 since such a, stamp would necessarily be a charge on the county or 
 local treasury. For like reason, the receipts given by county treasu- 
 rers to the State treasurer or by township and other local ti'easurers 
 to county treasurers, are not subject to stamp duty. ^^.js.&^-^Amki.i.asm
 
 99 
 
 DISMISSAL OF TEACHER FOR INSUFFICIENT REASON. 
 [Passed April 17, l8o7. 54 Stxit. 240, Sec. 11.] 
 
 SuPP. Sec. IX. If the directors of any sub-district dis- 
 miss any teacher for any frivolous or insuthcient reason, 
 such teacher may bring suit against such sub-district, and 
 if, on the trial of the cause, a judgment be obtained against 
 the sub- district, the directors thereof shall certify to the 
 clerk of the board the sum so found due, and he shall issue 
 an order to the person entitled thereto, upon the township 
 treasurer, to pay the same out of any money in his hands 
 belonging to said sub -district, and applicable to the pay- 
 ment of teachers. In such suits, process may be served on 
 the clerk of the sub-district, and service upon him shall 
 be sufficient. 
 
 AUTHORITY TO CONDEMN SCHOOL-HOUSE SITES. 
 ]^Paased February 10, 1860. 57 Stal. 9.] 
 
 Supp. Sec. X. Be it enacted by the General Assembly of 
 the State of Ohio, That it shall be lawful for any board of 
 education, organized under the act passed March 1, [14,] 
 1853, entitled "an act to provide for the reorganization, 
 supervision and maintenance of common schools," or or- 
 
 Teacher may 
 
 sue sub-difl- 
 trict 
 
 Boards of ed- 
 ucation au- 
 thorized to 
 condemn 
 school-hoase 
 sites. 
 
 2. Receipts given by teachers and other individuals or parties to 
 township or other local school treasurofs for any sum of money ex- 
 ceeding twent}' dollars ($20), require a two-cent stamp, the same to be 
 affixed by the party signing the receipt. 
 
 3. Certificates issued by local school directors certifying to town- 
 ship clerks or boards of education the amount due teachers for their 
 services or the amount due other parties on contract, etc., are not 
 subject to stamp duty. In case these certificates were subject to such 
 duty, the stamp would be a legitimate and necessary part of the school 
 expenses of the district, and as such would be chargeable to the school 
 funds of the township. 
 
 4. Written contracts or agreements between boards of education or 
 boards of local directors and teachers or other individuals or parties, 
 recjuire 2i five-cent stamp. The stamp duty in such cases ought to be 
 paid by the latter party, since tlie stamps, if furnished by the school 
 officers, can not be charged to the school fund. 
 
 5. Reports of school statistics, whether made by teachers, treasu- 
 rers, clerks of school boards, township clerks, or county auditors, are 
 not subject to stamp duty, since these reports have no money or legal 
 value, being evidence neither of value received or due, of privileges 
 bestowed, nor of obligations assumed. 
 
 6. Certificates of qualifications of teachers, whether issued by State, 
 county, or local boards of examiners, require a five-cent stamp, tlie 
 same to be furnished by the recipient. The stamp duty on county 
 certificates is provided for in this State by a fund arising from ex- 
 amination fees. When a copy of a certificate, instead of the original, 
 is filed with tlie township clerk, or with the clerk of a school board, 
 such copy need not be stamped. It should show, however, that the 
 original certificate bore a five-cent stamp."
 
 100 
 
 Union or vil- 
 lage board of 
 education 
 with township 
 board to es- 
 tablish cen- 
 tral or high 
 school. 
 
 How estab- 
 lished and 
 controlled. 
 
 ganized under the act passed February 21, 1849, entitled 
 " an act for the better regulation of the public schools in 
 cities, towns, &c.," in every case where it may be neces- 
 sary to procure a school-house site, and the said board of 
 education and the owner thereof shall be unable, from any 
 cause, to agree upon the sale and the purchase thereof, to 
 make out an accurate survey and description of the parcel 
 of land which the said board of education may desire to 
 appropriate for school-house purposes, and file the same 
 with the probate judge of the proper county, and there- 
 upon the same proceedings of appropriation shall be had 
 which are provided for by the act entitled '' an act to 
 provide for compensation to the owners of private prop- 
 erty appropriated to the use of corporations," passed April 
 30, 1852, and the various acts amendatory and supple- 
 mentary thereto. 
 
 UNION VILLAGE AND TOWNSHIP HIGH SCHOOLS. 
 [Fassed January 24, 1859. 56 vol. Stal. 7.] 
 
 Supp. Sec. XI. Be it enacted by the General Assembly of 
 the State of Ohio, That the board of education of any in- 
 corporated village in this state may unite with the board 
 of education of the township in which such village, or any 
 part of it, be situated, for the purpose of establishing a 
 central or high school within such township. The said 
 board shall jointly agree upon an estimate of the proba- 
 ble cost thereof, and thereupon call separate meetings of 
 the quahfied voters of their respective districts, in the 
 manner now provided by the twenty -first section of the 
 act to which this is supplementary ; and said meetings, 
 when so convened, shall in all respects be held and con- 
 ducted in accordance with the provisions of the section 
 aforesaid : Provided that no such central or high school 
 shall be so established, unless a majority of the voters at 
 each of said meetings shall vote in favor of the same. 
 The further establishment of such central or high school, 
 and the control of the same, when established, shall be 
 ordered and regulated in such manner as shall be agreed 
 upon and directed by said boards of education interested 
 therein. 
 
 POWER TO ANNEX TERRITORY FOR SCHOOL PURPOSES. 
 {Passed April 10, 1856. 53 Stat. 200, Sec. 3.] 
 
 Supp. Sec. XII. Be it further enacted, That the boards 
 of education of any township, and the boards of educa- 
 tion of any city, or incorporated village, or union school 
 district created by any law of this state, shall have power 
 according to the general provisions of said act passed 
 March 14, 1853, by mutual agreement between the town- 
 ship board and the city or village board to transfer
 
 101 
 
 territory to or from the respective districts under the 
 coutrol of said respective boards. 
 
 MALICIOUS INJURY OF SCHOOL HOUSES. 
 [Passed March 24, 18G0. 67 Slat. 86.*] 
 
 Supp. Sec XIII. .Be it enacted by the General Assembly 
 of the State of Ohio, That if any person shall wilfully and Definition and 
 maliciously injure any church edifice, school-house, dwell- penalty, 
 ing-house, or other building, not being his own property, 
 or in any w^ay disfigure the same with paint or otherwise, 
 or deface the same by painting thereon any obscene 
 words, figures, or devices, or by posting thereon any 
 paper or other material bearing such words, figures or 
 devices, he shall be punished by fine not exceeding one 
 hundred dollars, or by imprisonment in the county jail 
 not exceeding ninety days, or both said punishments, in 
 the discretion of the court. 
 
 WILLFUL DISTURBANCE OF SCHOOLS. 
 [Passed March 30, 18G4. 61 Stat. 98, Sec. l.f] 
 
 Supp. Sec. XIV. That if any person or persons shall 
 hereafter willfully disturb, molest, or interupt any literary Wilfully dis- 
 Bocietv, school, or society formed for the intellectual im- turbing,&c.;a 
 provement of its members, or any other school or society 
 organized under any law of this state, or any school, 
 society, or meeting, formed or convened for improvement 
 in music, letters, or for social amusement, such person 
 or persons so oftending, shall be deemed guilty of a mis- 
 demeanor, and on conviction thereof shall be fined in 
 any sum not less than five, nor more than twenty dollars, 
 with costs of prosecutiou, and shall stand committed until Penalty, 
 such fine shall have been paid : Provided such commit- 
 ment sliall not exceed five days ; and provided further, 
 that the iudo-ment for costs shall not be abated until such 
 costs shall have been fully paid. 
 
 TAXES FOR SCHOOL PURPOSES IN CITIES. 
 
 An act to authorize cities of the first and second class to levy taxes for school 
 
 purposes. 
 
 Section I. Be it enacted by the General Assembly of th£ 
 State of Ohio, That in cities of the first class having a Levybycitiea 
 population exceeding one hundred thousand inhabitants, having over 
 the trustees and visitors of common schools shall, on or -^^^^^^ ^" 
 before the second Monday of May, annually, cause to be 
 
 • An act to prevent and punish malicious injuries to church edifices, school- 
 bouses, dwolling-houses, aiid other buildings. 
 
 t An act to amend an act to protect literary societies and schools, passed 
 April 2, 1859.
 
 102 
 
 City con noil 
 to certify 
 amount to 
 county audL- 
 
 tOTB. 
 
 How tax ool- 
 koted. 
 
 Levy by cities 
 having less 
 than 100,000 
 iQhabitaat& 
 
 Levy by cities 
 having less 
 than 40,000 
 iobahitajitB ; 
 
 — end dties of 
 second class. 
 
 How tax ool- 
 
 leoted. 
 
 certified to the city council an estimate of the amount 
 necessary to be raised in said city for school purposes, not 
 exceeding two mills on the dollar upon all property in 
 said city valued or appraised and liable and suject to 
 taxation for state and county purposes, corporations, 
 school-house, and school taxes, and the city council shall 
 certify thesaid amountsotoberaised,tothecounty auditor, 
 who is hereby authorized and directed to place the same 
 on the duplicate of taxes for said county in the same 
 manner as township taxes now by law are placed on such 
 duplicate, which said school taxes shall be collected by 
 the county treasurer of said county, and by him paid into 
 the city treasury on the order of the county auditor on or 
 before the first Mondays of January and July in each 
 year. 
 
 Sec. II. That the boards of education of the cities of 
 the first class having a population of over forty thousand 
 and less than one hundred thousand inhabitants are here- 
 by authorized to levy such rate of tax for school purposes 
 as may be determined upon and certified to the county 
 auditor by said boards respectively, not exceeding three 
 mills on each dollar on the valuation of the taxable 
 property of said cities ; and all cities of the first class 
 having a population of less than forty thousand inhabi- 
 tants, and cities of the second class, the boards of educa- 
 tion of said cities respectively are hereby authorized to 
 levy such rate of tax for school purposes as may be 
 determined upon and certified to the county auditor by 
 said boards of education respectively, not exceeding four 
 mills on the valuation of the taxable property of said 
 cities, which said school tax shall be collected by the 
 county treasurer of the proper county, the same as other 
 taxes are collected, and by him paid to the treasurer of 
 said board on the order of the county auditor on or before 
 the first days of January and July in each year. 
 
 Sec. III. This act shall take efl:ect and be in force from 
 and after its passage ; and section four, of which this is 
 an amendment, is hereby repealed. 
 
 JAMES R. HUBBELL, 
 Speaker of the House of Representatives. 
 CHARLES ANDERSON, 
 
 JPresident of the Senate. 
 
 March 25, 1864.
 
 [103 
 
 CHAPTER II. 
 
 TEACHERS INSTITUTES. 
 An act to encourage teachers' iastitutes.* 
 [Passed February 8, 1847. 45 vol. Slat. 67.] 
 
 Whereas, it is represented that, in several counties, 
 associations of teachers of common schools, called Preamble, 
 teachers' institutes, have been formed, for the purpose of 
 mutual improvement and advancement in their profession, 
 which, it is represented, have already accomplished much 
 to elevate the standard of common school instruction in 
 their respective counties ; therefore, in order to encourage 
 such associations, and thus promote the cause of popular 
 education, 
 
 Section I. Be it enacted by the General Assembly of the 
 i^tate of Ohio, That in the several counties mentioned in 
 the fifth section, in which such associations now exist, or 
 in which such associations shall be hereafter formed, it ™*y '■^pp'"""""- 
 shall be lawful for the county commissioners of said ce^.^rotsur- 
 counties to appropriate the annual avails, or any part plus revenue, 
 thereof, of the fund provided for in the third section of 
 the act passed March 19, 1848, entitled " an act declaratory 
 of, and amendatory to, an act entitled ' an act providing 
 for the distribution and investment of this state's propor- 
 tion of the surplus revenue,' " passed March 28, 1837, for 
 the purposes of such associations. 
 
 County com- 
 missioners 
 
 • An act to amend an act to encourage teachers' institutes, and to extend the provisions of 
 the acts providing for teachers' institutes, and county superintendents, to the soyeral 
 
 46 vol. Stat. 86.] ] 
 act entitled " an act to encourage 
 
 counties of this state. 
 
 [Passed February 24, 1848. 
 Section 1. That the provisions of the 
 teachers' institutes," and the act entitled "an act to provide for the appoint- 
 ment of county superintendents of common schools, and dr^finiug their duties 
 in certain counties therein named," passed February, 1847, be and the same 
 ^e hereby extended to all the counties in this state. 
 
 Skc. 2. That the second section of the act entitled " an act to encourage 
 teachers' institutes," passed February 8, 1847, is hereby so amended that all 
 money used under the provisions of said section, in purchasing libraries, shall 
 be used in purchasing and supporting suitable common school libraries, for the 
 geveral common school districts in the several couutiej in this state that may 
 be in possession of the funds named in the first section of this act. 
 
 JOSEPH S. HAWKINS, 
 Speaker of the Iloiue of iicpresentativez, 
 CHARLES B. GOOOARD, 
 
 Speaker of Llie Senate. 
 
 Tormer l»w 
 jnadegaDaral. 
 
 Former not hi 
 reference to n- 
 brariea ouMnil- 
 ed. 
 
 *An act to amend an act entitled "an act to encourage teachers' institutes," passed 
 
 February 8, 1847. 
 
 [Passtd February 16, 1849. 4T vol. 5*at.|19.] 
 
 Section 1. Be it enacted by the General Assembly of the State of Ohio, That the 
 county commissioners of the several counties m^^ntioned in the act to which 
 this is an amendment, shall be and they are hereby authorized, at their June 
 e^Bsion in each year, whenever, for any cause, the sum of one hundred dollars 
 ehall not arise from the means and source as provided in the first section of 
 the aforesaid act, to appropriate such sum as shall be sufficient to make up said 
 
 County eom- 
 missioners 
 may appropi^ 
 ate $100.
 
 104 
 
 Moneys to be 
 paid to lectur- 
 Tt-a, and for 
 Hbrary. 
 
 "Who shall 
 have a right 
 to attend the 
 meetings of 
 aseociations. 
 
 County boards 
 <rf examiners 
 to report to 
 secretary, of 
 eiate. 
 
 Maj levy a 
 
 Mbney, how 
 and for what 
 appropriated. 
 
 Mot to be paid 
 
 over until 
 teiichcrs raise 
 half the 
 amount asked 
 fcx. 
 
 Sec. II. The moneys so appropriated shall, upon the 
 order of the county auditor, be paid over to, and expended 
 by the board of school examiners of the proper county ; 
 the one-half thereof, at least, to the payment of suitable 
 persons as instructors and lecturers to such associations, 
 and the balance to the purchase and support of a suitable 
 common school library, for the use of such associations. 
 
 Sec. III. Every teacher of common schools of the 
 county, and every person of the county intending to be- 
 come a teacher of common schools within the next twelve 
 months, shall have the right, without charge for instruc- 
 tion, to attend the meetings of such associations, and 
 enjoy all their benefits. 
 
 Sec. IV. It shall be the duty of all the county boards 
 of school examiners, in the several counties mentioned in 
 the fifth section, to report, annually, to the secretary of 
 state, during the month of December, the number of male 
 and female teachers examined by them during the year, 
 the number of certificates given, how many authorized 
 the teaching of reading, writing, and arithmetic only ; 
 and when moneys shall have been received by virtue of 
 this act, they shall also report how it has been expended, 
 and with what results. 
 
 Sec. Y. This act shall be in force only in the counties 
 of Ashtabula, Lake, Geauga, Cuyahoga, Erie, Lorain, 
 Medina, Trumbull, Portage, Summit, Delaware. 
 
 WILLIAM P. CUTLER, 
 
 Speaker of the House of Representatives. 
 EDSON B. OLDS, 
 
 Speaker of the Senate. 
 
 sum of one hundred dollars, from any moneys in the county treasury not 
 otherwise appropriated. 
 
 Sec 2. That in case there are no moneys at the disposal of the said county 
 commissioners, they are hereby authorized to levy a tax (in the usual manner) 
 for the purposes named in the preceding section. 
 
 Sec. 3. That no part of the money appropriated by virtue of this act, or of 
 the act to which this is an amendment, shall be ordered by the county auditor 
 to be paid over, except upon the petition of at least forty practical teachers, 
 who shall therein declare their bona fide laXmlion to attend such association 
 within their respective counties, and who shall also, at the time of so petition- 
 ing as aforesaid, be permanent residents of the county in which application 
 shall be made ; and which payment and appropriation shall also be approved 
 and recommended in writing, indorsed upon said petition by the board of school 
 examiners of such county. 
 
 Sec. 4. That said sum of one hundred dollars, or any part thereof, shall not 
 be ordered by the county auditor to be paid over as aforesaid, until said 
 teachers shall have first raised and paid over, as secured to be paid over, to 
 said board of school examiners, for the purposes and benefit of such associa- 
 tion, at least one-half of the sum for which they shall so petition said county 
 auditor, and which payment, or security for payment, as aforesaid, shall be 
 made known to said auditor by the receipt, or certificate in writing of said 
 board of school examiners. 
 
 JOHN G. BRESLIN, 
 Speaker of the House of Representatives, 
 BliEWoTER RANDALL, 
 
 Speaker of the Senate,
 
 105 
 
 UNION teachers' INSTITUTES. 
 
 An act supplementary to an act to encourage teachers' institutea, passed Feb- 
 ruary 8, 1847, and the several amendments thereto. 
 
 [Passed April 5, 1861. 58 Stat. 61.] 
 
 Section I. J^e it enacted by the General Assembly of the 
 State of Ohio, That where an association of teachers ot 
 common schools, called a teacher's institute, has been 
 or may he formed by teachers of two or more contiguous 
 counties, the county commissioners of each of said counties 
 are hereby authorized to appropriate for the use of said 
 association, a sum not exceeding one hundred dollars in 
 any one year, from any moneys in the county treasury not 
 otherwise appropriated. 
 
 Sec. II. The moneys so appropriated shall, upon the 
 order of the county auditor, be paid over to the committee 
 of said institute : Provided, that no part ot the money 
 shall be ordered by the county auditor to be paid over, 
 except upon the petition of at least twenty practical 
 teachers, residents of the county in which appropriations 
 shall be made, who shall therein declare their intention 
 to attend the meeting of said association. 
 
 Sec. III. It shall be the duty of the officers of every 
 such teachers' institute to report at the close to the school 
 examiners of the proper county, the name of such teacher 
 in attendance, the time of attendance, and the amount 
 paid for the use of the institute to the state commissioner 
 of common schools, within thirty days alter every meet- 
 ing of the institute, an account of the moneys received 
 and expended by them, and always to report such other 
 matter relating to the institute as the commissioner may 
 require. 
 
 ED. A. PARROTT, 
 Speaker pro tern of the House of JRepresentatives. 
 
 ROBERT C. KIRK, 
 President of the Senate,
 
 106 
 
 CHAPTER III. 
 
 Towns of 200 
 inhabitants 
 may be single 
 pcliool dis- 
 tricts. 
 
 Extending art In 
 reference to pul>- 
 liio schoolA, 
 
 tncit& 
 
 Boaid of «(li]ca^ 
 tion. 
 
 title to real es- 
 tate to Meat ia 
 boatd. 
 
 Board to hove 
 power to exclude 
 children under 
 Bixy«ai80i age. 
 
 PMamblcb 
 
 UNION SCHOOL LAW FOR CITIES AND TOWNS. 
 
 [" SCHOOL LAW OF 1849."] 
 
 An act for tbe better regulation of the public schools in cities, towns, etc* 
 [Passed February 21, 1849. 47 vol. Stat. 22.] 
 
 Sec. I. Be it enacted by the General Assembly of the State 
 of Ohio, That any incorporated city or town in tbe state, 
 or any incorporated town or village, except such city, 
 town or village, as is now, in whole or in part, governed 
 as to schools by some special law heretofore passed, con- 
 taining within tbe town or village plot, as laid out and 
 
 • An act to amend the " act for the better regulation of the public schools in cities, towns, ete^" 
 
 passed February 21, 1849. 
 
 [Passed March, 13, 1850. 48 vol. Stat. 40.] 
 
 Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the act 
 for the better regulation of the public schools in cities, towns, etc., passed Feb- 
 ruary 21, 1849, be and the same is hereby extended to incorporated townships 
 and to school districts, now or hereafter to be organized, which shall adopt the 
 same in the manner specified in the second and third seciions of said act : Pro- 
 vided, however, that said act shall not be so extended to any township or school 
 district containing less than five hundred iuhabitants, unless said cchool di&- 
 trict consists, in whole or in part, of an incorporated town or village. 
 
 Sec. 2. Townships and school districts to which said act may be extended 
 in the manner aforesaid, shall thereafter be known and recognized in law as 
 single school districts, with all the powers, rights and franchises which, for 
 educational purposes, are or may be conferred upon incorporated cities, towns 
 and villages, in virtue of tbe act aforesaid ; and the board of education ol such 
 townships and school districts shall be elected and organized in the same man- 
 ner as is provided in the fourth and fifth sections of said act. and shall have 
 like powers, rights and privileges, and perform like duties, as boards of educa- 
 tion ol cities, towns, etc., under the act aforesaid. 
 
 Sec. 3. The title to all real estate, and other property, belonging, for school 
 purposes, to any city, town, village, township, or district, or to any part of tbe 
 same, which is or may be organized into a single school district, in accordance 
 with this act, or the act to which this is an amendment, shall be regarded ia 
 law as vested in the board of education thereof, for the support and use of the 
 public schools therein, and said board may dispose of, sell and convey said real 
 estate, or any part of the same, by deed, to be executed by the president of 
 said board, uopn a majority vote for such sale at any regular meeting of the 
 electors of said district. 
 
 Sec. 4. The board of education of any city, town, village, township, or 
 school district, organized for the support of schools under this act, or the 
 act to which this is am ndatory, or the wet for the support and better regula- 
 tion of common schools in the town of Akron, and the acts amendatory thereto, 
 or under any special local act, shall have authority to exclude from the pubiio 
 schools in such city, etc., all children under the age of six vears. 
 
 BENJAMIN "F. LETTER, 
 Speaker of the House of Representative&. 
 CHARLES C. CONVERSE, 
 
 Speaker of the Senatf^ 
 * An act relating to common ichoola. 
 [Passed April 10, 1856. 53 vol. Stat. 200.] 
 
 Whereas, certain boards of education, organized under an act for the better 
 regulation of public schools in cities, towns, etc., passed February 21, 1849 ; 
 and certain boards of education organized under an act to provide for the re- 
 organization, supervision and maintenance of common schools, passed March 
 14, 1853, acting under said acts have by agreement between said boards, under 
 the act passed February 21, 1849, and the boards, under the act passed March 
 14, 1853, made annezatione and transfers of territory to and irom the distr^its
 
 107 
 
 recorded, two hundred inhabitants or more, with the ter- 
 ritory attached, or hereafter to be attached to said city, 
 town or viUage, for school purposes, may be organized 
 into and estabHshed as a single school district, in the man- 
 ner and with the powers hereinafter specified ; but the 
 provisions of this act shall not apply to any city, town or 
 village, or any part thereof, which is now governed as to 
 schools by any special law. 
 
 Sec. II. That, in order to such organization, written 
 notices shall be posted up in three or more of the most 
 public places in said contemplated district, signed at least 
 by six resident freeholders of the same, requesting the 
 qualified electors in said district to assemble upon a day, 
 and at some suitable place in said district, to be named 
 in said notices, then and there to vote, by ballot, for or 
 against the adoption of this act, which notice shall be so 
 posted up at least ten days next prior to said meeting. 
 
 Sec. III. That the electors assembled at said time and 
 place shall proceed to appoint a chairman, assistant chair- 
 man, and clerk, who shall be judges of said election. That 
 the electors in favor of the adoption of this act for said 
 district, shall write upon their ballots, "school law," and 
 those opposed thereto shall write upon their ballots, "no 
 school law;" the adoption or rejection of this act to be 
 determined by a majority of the votes to be cast in the 
 manner aforesaid. 
 
 Sec. IV. That in case a majority of the votes shall 
 have been cast for said law, the electors of said districts 
 shall assemble at the place last aforesaid, within twenty 
 days from the time of the adoption of said act, of which 
 at least ten days' previous notice shall be given by said 
 chairman and clerk, in the manner aforesaid, and shall 
 then choose, by ballot, six directors of the public schools 
 
 provided for in said acts respectively for the promotioa of education, accord- 
 ing to t'^e true intent and moaning of said acts; and whereas, douljts exist as 
 to the legality of such annexations and transfer of territory ; ther»'fore, 
 
 Sec. 1. Be it enacted by the General Assembly of the State of Ohio. That all an- 
 nexations or transfers of territory to or from the districts provided for in the 
 said act passed February 21, 1849, and in the said act passed March 14, 1853, 
 made pursuant to said acts respectively, and the agreement of the boards of 
 education organiz<*d under said acts respectively, heretofore made or agreed 
 upon, or which shall hereafter be thus madje or ai<reed upon, shall be held to be 
 as valid as if the same had been specially and more particularly provided for 
 in said acts, or the acts amendatory thereto. 
 
 Sec. 2. Be it further enacted. That the boards of education of any township, 
 and the boards of education of any city, or incorporated village, or union school 
 district created by any law of this state, shall have power according to the gen- 
 eral provisiofis of said act passed March 14, 1853, by mutual agreement be- 
 tween the townsJiip board and the city or village board to transfer territory to 
 or irom the rr^pective districts uiwler the control of said respective boards. 
 
 Sec. 3. That this act shall be in force from and after its pas,«age. 
 
 N. H. VAN VORHES, 
 Spmlter of the Huuae of Representativtt, 
 THOMAS H. FORD. 
 
 Fretidtnt qf the SenaU. 
 
 Qualified vo- 
 ters to vote 
 for or against 
 the adoption 
 of this act. 
 
 Manner of 
 casting such 
 vote. 
 
 Directorate be 
 chosen. 
 
 
 POwar to
 
 108 
 
 Directors to 
 organise. 
 
 Their power'' 
 and duties. "H 
 
 Meetings of 
 board. 
 
 Money, how 
 paid out. 
 
 School- houeee, 
 how built. 
 
 of said district, two of whom shall serve for one year, two 
 for two years, and two for three years, the time that each 
 shall serve to be designated on the ballots ; and annually 
 thereafter there shall be chosen, in the same manner, two 
 directors, each of whom shall serve for three years, and 
 until their successors shall be elected and qualified ; such 
 intermediate vacancies as may occur to be filled by the 
 acting directors until the next annual election, when such 
 vacancies shall be filled by the electors. 
 
 Sec. V. That said directors, within ten days after their 
 appointment as aforesaid, shall meet and organize by 
 choosing from their number a president, secretary and 
 treasurer ; that said treasurer, before he enters upon the 
 duties of his office, shall give bond payable to the state of 
 Ohio, with security, to be approved by said board, and to 
 be by them kept, conditioned for the faithful discharge 
 of his duties as such treasurer. 
 
 Sec. VI. The said directors, and their successors in 
 ofiice, shall be a body corporate, by the name of the board 
 of education of said city, town, or village, and, as such, 
 and by such name, shall receive all moneys, and other 
 property, belonging or accruing to said district, or to said 
 city, town, or village, or any part of the same, for the use 
 or benefit of the public schools therein ; and the said board 
 shall be capable of contracting and being contracted with, 
 suing and being sued, pleading and being impleaded, in 
 any court of law or equity; and also shall be capable of 
 receiving any gift, grant, bequest, or devise, made for the 
 use of the public schools in said city, town or district, and 
 all moneys accruing to said city, town or district, for 
 school purposes, under any law of this state, shall be paid 
 over to the treasurer of said board of education. 
 
 Sec. VII. Said board of education may hold stated 
 meetings at such times and places in said district as they 
 may appoint, four members of said board, at all meetings 
 thereof, constituting a quorum for business; that special 
 meetings thereof may be called by the president, or by 
 any two members, on giving one day's notice of the time 
 and place of the same ; and said board, by resolution, 
 shall direct the payment of all moneys that shall come 
 into the hands of the treasurer, and no money shall be 
 paid out of the treasury except in pursuance of such reso- 
 lution, and on the written order of the president, counter- 
 s'^^ned by the secretary. 
 
 Sec. VIII.* That whenever said board shall deem it 
 necessary to purchase or erect a school-house, or school- 
 houses, for said district, or to purchase sites for the same, 
 they shall call a meeting of the legal voters in said district, 
 
 * See last clause of section 22 of general school law, as amended March 18, 
 1864, and the act supplementary thereto, patsed Match 8, 18ti5, p. 40.
 
 109 
 
 by giving at least ten days' notice of the time and place, 
 and object of said meeting, in some newspaper printed in, 
 and in general circulation in such district, if any such 
 there be, and if there be no such newspaper, then by 
 posting up written or printed notices thereof, at live or 
 more of the most public places in said district ; and the 
 president of said board, and in his absence one of the other 
 directors, shall act as chairman of said meeting; and said 
 meeting may determine, by a majority vote, upon the 
 erection of a school -house or school-houses, and the pur- 
 chase of a site or sites theretor, and the amount of money 
 to be raised for the purpose aforesaid, and the time or 
 times when the same shall be paid, which mone}', so 
 voted, shall be thereupon certilied by the board of educa- 
 tion, by its chairman and secretary, to the auditor of the 
 county, and shall be assessed in said district, collected and 
 paid over to the treasurer of said district, in the same 
 manner as the tax hereinafter provided for in the twelfth 
 section of this act. 
 
 Sec. IX. It shall be the duty of said board, so soon as 
 the means for that purpose can be provided, to establish 
 in said district an adequate number of primary schools, 
 to be so located as best to accommodate the inhabitants 
 thereof, and in which the rudiments of education shall be 
 taught; and it shall be the further duty of said board to 
 establish in said district a suitable number of other schools 
 of a higher grade or grades, wherein instructio-^ sLall be 
 given in such studies as may not be pro"'.dea for in the 
 primary schools, the number of schools, and also of the 
 different grades thereof, to be determined by said board ; 
 and it shall be the further duty of said board to decide 
 what branches shall be taught in each and all of said 
 schools, provided that no other language than the English 
 or German shall be taught therein, except with the con- 
 currence of two-thirds of said board. 
 
 Sec. X."^ Admission to said schools shall be gratuitous 
 to the children, wards, and apprentices of all actual resi- 
 dents in said districts, who may be entitled to the privi- 
 leges of the public schools, under the general laws of this 
 state: Provided, that said board shall have power to 
 admit to said schools other pupils, upon such terms, or 
 upon the payment of such tuition, as they may prescribe. 
 
 Sec XI. Said board shall have power to make all 
 necessary regulations for said schools ; to prescribe and 
 enforce rules for the admission of pupils into the same, 
 not inconsistent with the preceding section and the ex- 
 amination that pupils must pass preparatory to admission 
 into the schools of higher grade than the primary ; to sub- 
 
 Board to es- 
 tablish prima- 
 ry schools. 
 
 High Bcboola. 
 
 Branches to be 
 taught. 
 
 What PC*iolara 
 admitted. 
 
 General pow- 
 ers of the 
 board. 
 
 * Sae section 4 of an act passed March 13, 1850, p. 106.
 
 110 
 
 How long 
 schools to be 
 kept in each 
 year* 
 
 School tax,' 
 how levied 
 and collected. 
 
 Not to exceed 
 lour mills onl? 
 the dollar. 
 
 Rate billst 
 
 divide said school district, if they shall think proper ; to 
 select sites for school-houses ; to superintend the building 
 of the same, and to pay therefor, their appurtenances, 
 furniture and apparatus; to borrow money for the erec- 
 tion of school-houses, upon a majority vote of said district 
 therefor, and to incur all other expenses of said school 
 system, and pay the same from the public moneys of said 
 district. 
 
 [As amended March 6, 1861. 58 Stat. 26.] 
 
 Sec. XII. It shall be the duty of said board to keep 
 said schools in operation not less than thirty nor more 
 than forty-four weeks of each year; to determine the 
 amount of the annual tax to be raised for the purpose 
 aforesaid, including all the necessary expenses of said 
 schools, except for the erection of school-houses and the 
 purchase of sites, and, on or before the first day of July, 
 of each year, to make known the amount of such tax to 
 the auditor of the county in which said district is situate, 
 and thereupon it shall be the duty of said auditor to as- ^ 
 sess the same upon the taxable property of the said dis- 
 trict, as the same appears on the grand list in his ofiice; 
 and the said tax shall be collected by the county treasurer 
 in the same manner and at the same time with the state 
 and county taxes, and when collected, shall be paid over 
 to the treasurer of said board : Provided, however, that 
 the tax to be assessed under this section, shall not exceed 
 four mills on the dollar upon the taxable property of said 
 district, as the same appears upon the grand list :* Pro- 
 vided further, that in case the amount so authorized to 
 be raised, together wath the other school moneys of said 
 district, shall be insufficient to support said schools for the 
 portion of the year mentioned in this section, that said 
 board of education may require such sum as may be nec- 
 essary to support the same for the residue of said time, to 
 be charged, at the discretion of the board, upon the tuition 
 of the pupils attending such schools : Provided, however, 
 that the children of indigent parents, or orphans who are 
 unable to pay such charges, shall not be excluded from 
 said schools for the non-payment of the same ; and it 
 shall be the further duty of said board to keep an accu- 
 rate account of their proceedings, and of their receipts 
 and disbursements for school purposes, and at the annual 
 meeting for the choice of directors in said district, to 
 make report of such receipts and the sources from which 
 the same were derived, and of said disbursements and the 
 objects to which the same were applied ; and they shall 
 also make report, at the same time, of such other matters 
 relating to said schools as they may deem the interest of 
 the same to require. 
 
 • See section 22 of general school law, as amended March 18, 1864,
 
 Ill 
 
 Board shall 
 appoint school 
 exatnioers. 
 
 Duty of exam- 
 iuera. 
 
 Sec. Xni. That said board of education, within twenty 
 days after their election, shall appoint three competent 
 persons, citizens of said district, to serve as school exam- 
 iners of the public schools therein, one to serve for one 
 year, one for two years, and one for three years, from the 
 time of their appointment, and until their successors shall 
 be aJDpoiiited; and annually thereafter said board shall 
 appoint one examiner, to serve for three years, and until 
 his successor is appointed and qualified ; and said board 
 shall fill all vacancies that may occur from death, removal, 
 or otherwise. Said examiners, or any two of them, shall 
 examine any person that may apply for that purpose, with 
 the intention of becoming teachers in any of the schools 
 in said district; and if they find the applicant, in their 
 opinion, qualified to teach in any of said schools, and to 
 govern the same, and of good moral character, they shall 
 give the said applicant a certificate, naming the branches 
 in which the holder of said certificate was found qualified 
 to teach, and no person shall be permitted to teach in said 
 schools without such certificate;* and said examiners may, 
 in all cases where two of their number concur, have power 
 to annul such certificate, and, when so annulled, the per- 
 son holding the same shall be discharged as a teacher of 
 said schools ; said examiners shall also, separately or oth- 
 erwise, together with said board of education, or any of 
 them, or such persons as they may appoint or invite, visit 
 said schools as often as once iu every term, and observe 
 the discipline, mode of teaching, progress of the pupils, 
 and such other matters as they may deem of interest, and 
 make such suggestions, and report thereupon to said 
 board, as they may think proper, which report may be 
 published at the discretion of the board. 
 
 Sec. XIV. Upon the adoption of this act in the man- Acts repealed, 
 ner herein provided, by any city, town, village, or district, 
 all laws now in force therein, inconsistent herewith, are 
 hereby repealed. 
 
 Sec. XV. That said board of education, or the treas- 
 urer thereof, shall have power to collect any charge or 
 account for tuition, in the same manner as the treasurer 
 of any common school district in this state is now, or may 
 hereafter be, authorized to collect any such charge or 
 account. 
 
 JOHN G. BRESLIN, 
 Speaker of the House of Representatives. 
 BliEVVSTER RAiN^DALL, 
 
 Speaker of the Senate. 
 
 * See sections 45 and 4fi of pjeneral school law. as amended March 28, 1864. 
 Certificates must be issued for not less than six months nor more than two 
 yeiirs. 
 
 Treasurer may 
 col lectc barges 
 for tuiliou.
 
 112 
 
 CHAPTER IV. 
 
 Six directors 
 shall be 
 elected. 
 
 Election of di- 
 reotors. 
 
 How number 
 of yotere aecer- 
 tained. 
 
 Bepealtng 
 clause. 
 
 Boards of aaUj 
 cation may 
 adopt oertaiD ) 
 laws. 
 
 AKRON SCHOOL LAW. 
 
 An act for the support and better regulation of common schools in the town 
 
 of Akron.* 
 
 [Passed February 8, 1847. 46 vol. Stat. 105.] 
 
 Section I. Be it enacted by the General Assembly of the 
 State of Ohio, That the electors in the town of Akron, in 
 the county of Summit, qualified to vote for members of 
 the town council, shall, at the time and place of holding 
 
 • An act to provide for extending the provisions of an act entitled " An act for the support anfl 
 better regulation of common schools in the town of Akron," and the amendatory acts thereto, 
 to the cities and incorporated towns of this statu. 
 
 [Passed February 14, 1848. 46 vol. Stat. 48.] 
 
 Section 1. Be it enacted by the General Assembly of the State of Ohio, That 
 every incorporated town or city in this state, shall have the provisions of the 
 act entitled " an act for the support and better regulation of common schools 
 in the town of Akron," and the amendatory act thereto, passed by the forty- 
 sixth general assembly of this state, extended to all or any of the said incor^ 
 porated towns or cities, wherever two-thirds of the qualified voters thereof 
 shall petition the town or city council in favor of having the provisions of said 
 acts so extended. 
 
 Sec. 2. That whenever two thirds of the qualified voters of any city or 
 incorporated town shall petition the town or city council in favor of having 
 the provisions of said acts extended to said city or incorporated town, the 
 electors qualified to vote for members of the town or city council, shall 
 assemble at the time and place within said town or city, at which at least ten 
 days' previous notice ahall be given by the city or town council, by posting 
 written or printed notices in at least three of the most public places in said 
 city or incorporated town, and then and there proceed to the election of six 
 directors, by ballot, who shall serve, and in all respects be governed by the 
 provisions of the act entitled " an act for the support and better regulation of 
 common schools in the town of Akron," and the act amendatory thereto ; and 
 the common schools in said city or incorporated town shall, in all respects, be 
 governed and organized according to the provisions of said acts. 
 
 Sec. 3. That the last preceding election in said city or incorporated town, 
 shall be the basis upon which to determine the number of qualified voters. 
 
 Sec. 4. That all acts, or parts thereof, incousistent with the provisions of 
 this act, are hereby repealed : Provided, that this act shall not extend to, nor 
 bo in force in the city of Cincinnati. 
 
 JOSEPH S. HAWKINS, 
 Speaker of the House of Representatives. 
 CHARLES B. GODUARD, 
 
 Speaker of the Senate. 
 
 • An act to amend an act entitled "an act for the snpport and better regulation of common 
 
 schools in the town of Akron," passed February 8, 1847, and the acts amendatory thereto. 
 
 [Passed March 15, 1849. 47 vol. Stat.\i5.] 
 
 Section 1. Be it enacted by the General Assembly of the State of Ohio, That the 
 board ol education in any city, town or village, which has adopted the act 
 entitled " an act lor the support and better regulation of common schools in 
 the town of Akron," passed February 8, 1847, and the acts amendatory there- 
 to, may adopt the eleventh, twelfth, and fifteenth sections of the act entitled 
 ** an act lor the better organization ol the public schools in cities, towns," etc^ 
 pasted February 15, 1849, whenever, in the opinion of said board of education, 
 the educational interests of such city, town, or village, may requirp it. 
 
 Sec. 2. All acts, or parts thereof, inconsistent with the provisions of this 
 act, are hereby repealed. 
 
 JOHN G. BRESLIN, 
 Speaker of the Bouse of Reprefsntatives. 
 BREWSTER RANDALL, 
 Speaker of the Senate, 
 
 I
 
 113 
 
 the annual election for said members of the town council, 
 in the year one thousand eight hundred and forty-seven, 
 meet and elect six directors of the common school for 
 said town of Akron ; two of whom shall serve for one 
 year, two for two years, and two for three years ; the 
 order of seniority to be determined by lot, by such 
 directors, after the election ; and annually thereafter, at 
 the time and place above specified, there shall, in like 
 manner, be two directors elected, who shall serve for 
 three years, and until their successors are elected and 
 qualified. All vacancies which may occur, shall be filled 
 by the town council. 
 
 Sec. II. The said directors, within ten days after Board of edu- 
 their first appointment as aforesaid, shall meet and caMon.offlcers, 
 organize, by choosing from their number a president, P°"^^"' ^^°- 
 secretary, and treasurer; and such treasurer, before he 
 eiiiters on the duties of his said office, shall give bond and 
 security, to be approved by the town council, and filed 
 in the office of the mayor of said town, conditioned for 
 the faithful disbursement of all moneys that shall come 
 into his hands as such treasurer, which bond shall be 
 made payable to the state of Ohio ; and when such bond 
 shall be forfeited, it shall be the duty of the town council 
 to sue and collect the same, for the use of the common 
 schools in said town ; and the said directors, so organized 
 and qualified, and their successors in office, shall be a 
 body politic and corporate in law, by the name of " The 
 lioard of Education of the town of Akron," and, as 
 such, and bv such name, shall be authorized to receive 
 all moneys accruing to said town, or an}'' part thereof, for 
 the use and benefit of the common schools in said town ; 
 and the said board shall be capable of contracting and 
 being contracted with, suing and being sued, pleading 
 and being im;)leaded, in any court of law or equity in 
 this state ; and shall also be capable of receiving any gift, 
 grant, donation, or devise, made for the use of the common 
 schools in said town ; and said board, by resolution, shall 
 direct the payment of all moue3's that shall come into 
 the hands of said treasurer ; and no money shall be paid 
 out of the treasury, except in pursuance of such resolu- 
 tion, and on the written order of the president, counter- 
 signed by the secretary. 
 
 Sec. III. That said board shall hold their meetings at Mee iQ°-8of 
 such time and place as they may think proper ; that any the i>orrd. 
 four of said board shall constitute a quorum ; that special 
 meetings may be called by the president, or by any two 
 members of the board, on giving two days' notice of the 
 time and place of holding such meetings ; but at no 
 special meeting, except all the directors be present, shall 
 any resolution in relation to sites for school-houses, or 
 
 8
 
 114 
 
 financial resolution, or order be passed, unless the two 
 days' notice as aforesaid be given, and the subject or 
 sulDJects to be acted on, be specified in the notice, and a 
 quorum of at least four members be present. 
 Shall have Sec. IV. That Said board, of education shall have the 
 
 controiof com- entire management and control of all the common schools 
 Scv in Akron. '^^ Said town of Akron, and of all the houses, lands, and 
 appurtenances already provided and set apart for common 
 school purposes, as well as those hereafter to be provided 
 for the same purposes ; and the said town of Akron, from 
 and after the first Tuesday in June next, after the passage 
 of this act, shall constitute in law, but one school district ; 
 and all moneys accruing to said district for school pur- 
 poses, under any law of the state, shall be paid over to 
 1 the treasurer for said board of education.* 
 
 I Sec. V.f It shall be the duty of said board of education, 
 so soon as they may realize sufiicient funds for the pur- 
 u- pose, to establish within the bounds of the town corporate 
 of Akron, six or more primary schools, to be located in 
 different parts of the town, so as best to accomodate the 
 inhabitants, in which the rudiments of an English educa- 
 tion shall be taught. It shall be the further duty of said 
 board to establish a central grammar school in said town, 
 where instruction shall be given in " the various studies 
 and parts of study" not provided for in the primary 
 school, and yet requisite to a respectable English educa- 
 tion. To each school in this system there shall be 
 gratuitous admission for the children, wards, and appren- 
 tices of all residents of the town corporate of Akron, and 
 such other persons in the immediate vicinity as may own 
 property, charged with a school tax in said town corporate 
 . of Akron, with the following restrictions, namely : No 
 pupil shall be admitted to the grammar school who fails 
 to sustain a thorough examination in the studies of the 
 primary school ; and the teacher shall have power, in 
 either school, with the advice and direction of the board 
 
 * See sectioQ 2 of an " act relating to common schools," passed April 10, 1856, 
 p. 107, 
 
 1 An act supplementary to an act entitled " an act for the support and better regulation of 
 common schools in the town of Akron," passed February 8, 1847. 
 
 [Passed Jlforc/i 19, 1860.) 
 
 Section 1. Be it enacted by the General Assembly of the State of Ohio, That the 
 boards of education in the town of Akron, or in any city, town or village, 
 which has adopted the act entitled "an act Jor the support and better regula- 
 tion of common schools in the town ot Akron,-' passed February 8, 1847, shall 
 have power, at their discretion, to provide for the establishment of German 
 schools for the instruction of guch youth as may desire to study the Geimaa 
 laugiuige, or the German and English languages together. 
 
 bEO. 2. This act shall lake ellect and be in force on its passage. 
 
 RICHARD C. PARSONS, 
 Speaker of the House of Reproientativet. 
 ROBERT (J. KIRK, 
 
 Presidmt of Senate.
 
 115 
 
 of education, to exclude for misconduct, in extreme cases, 
 and to classify the pupils as the best good of the school 
 shall seem to require : Provided, however, the said board 
 of education shall not make any rules which will exclude 
 from said primary school any scholar who, by the general 
 laws of this state, would be entitled to admission into the 
 common schools, within said town* and said board shall 
 not so appropriate the school fund, which, by the provi- 
 sions of this act, shall come under their control, as to 
 reduce the amount applicable to the support of said 
 primary schools, below the sum to which, under the 
 general laws of this state, the common schools within said 
 town would be entitled. 
 
 Sec. VI. The said board of education shall have power power of 
 to make and enforce all necessary rules and regulations board, 
 for the government of teachers and pupils in said schools, 
 to employ teachers, male and female, and pay them a 
 suitable compensation, to purchase all necessary books 
 and apparatus, to select sites for school-houses, and super- 
 intend the building of the same upon their own plan, and 
 to pay for the lands, and houses, and furniture, as well as 
 other expenses of said school system, from the public 
 moneys in the hands of the treasurer. 
 
 Sec. VII. t The said board of education, within thirty Town council 
 days after their organization, shall report to the town ^^^.^^^^ ^^'^^^ 
 council of Akron the number and description of buildings posea. ^"" 
 
 * See section 4 of an act passed March 13, 1850, p. 106. 
 
 t An Act to amend the act entitled " an act for the support and better regulation of common 
 schools in the town of Akron," passed February 8, 1847. 
 
 [Passed January 28, 1848. 46 vol. Stat. 110.] 
 
 Section ] . Be it enacted by the General Assembly of the State of Ohio. [Amended 
 by ail act passed April 30, 1862, and repealed by the school act passed March 
 18, 18(i4] 
 
 Sec. 2 The board of education of the town of Aliron shall have full power 
 and authority to determine what l)ranches of education shall be taught iu any 
 and all of said s-chools under their management and control ; and said board 
 shall also have power, at their discretion, to restrict the right of admission into 
 any and all of said schools, to the children, wards, and apprentices of actual 
 residents, within the limits of the town corporate of Akron, with power to 
 admit scholars from abroad, upon such terms and conditions as said board shall 
 see tit to prescribe. 
 
 Sec. 3. That on or before the first Monday of June, in each year, it shall be 
 the duty of the said board of education to make known to the auditor of the 
 county of Summit, the amount ol tax which they may want levied for school 
 purposes during the current year; and thereupon it shall be the duty of said 
 couuty auditor to assess the taxable prop-^rty in said town of Akron, as the 
 same appears upon the graud list ; and the said tax shall be collected by the 
 county treasurer at the same time with the state and county taxes, and iu the 
 same manner, and, when collected, the amount shall be paid over to the treas- 
 urer of said board of education. 
 
 Sec. 4. That so much of the act to which this is an amendment, as conflicts Repealing clanae. 
 with the provisions ol this act, be and the same is hereby repealed. 
 
 JOSEPH S. HAWKINS, 
 Speaker of the House of Representatives. 
 OHARLKS B. GOUDARI), 
 
 Speaker of the Senalt. 
 
 Powers of the 
 board of edura-J | 
 tion. 
 
 Duties of auditor 
 and treasurer'
 
 116 
 
 Roporfp of 
 board. 
 
 TitleP 
 land. 
 
 to 
 
 Examiners of 
 tfacbers and 
 echools. 
 
 necessary for the purposes of the common schools in said 
 town, which report shall be in writing, and shall specify 
 the amount of money necessary to be raised to meet the 
 expense of erecting such buildings ; and such board shall 
 also specify, in said report, the amount of money neces- 
 sary to be raised, in addition to the money accruing to 
 said town under the general school laws of the state, to 
 defray all the other expenses of said school system during 
 the current year ; and thereupon the said town council 
 shall proceed to levy a tax sufficient to meet such expenses 
 of buildings and repairing school-houses, and the expenses 
 attendant upon the maintenance of said free schools in 
 Akron, during the whole year, customary vacations only 
 excepted, said tax to be levied and collected as other taxes 
 of said town are or may be collected. And it shall be the 
 duty of said board, on or before the first Monday in April, 
 in every year thereafter, to make report, in writing, to the 
 town council of all moneys received, how and for what 
 purpose expended, with the proper vouchers, and such 
 other information in relation to said schools as they may 
 deem important, specifying in said annual report the 
 amount of money necessary to be raised by taxation, to 
 defray the expenses of said school system for the current 
 year; and said town council shall, annually, upon the 
 coming in of such report, and within thirty days there- 
 after, proceed to levy a tax sufficient to meet such ex- 
 penses, to be levied and collected as other taxes of said 
 town.* And the town council shall cause all such reports 
 of the board of education to be published, or so much 
 thereof as they may deem necessary, the reports them- 
 selves to be left with the mayor of the town, open to 
 public inspection. 
 
 Sec. VIII. All legal titles to lands and houses, and 
 other property used for common school purposes in said 
 town of Akron, shall vest in the town council of Akron 
 at the taking effect of this act, and all titles acquired 
 thereafter shall be in the name of said town council ; and 
 said town council shall have power to sell, lease, and con- 
 vey any and all of the lands and tenements held under 
 and by virtue of this act, and to purchase other lands and 
 tenements in more eligible positions, by and with the ad- 
 vice of said board of education, but not otherwise. 
 
 Sec. IX. The town council shall, immediately after 
 the appointment of directors as hereinbefore provided, 
 appoint three competent persons to serve as school exam- 
 
 * Modified ; see section 3 of the act of Jannary 28. 1848. Tax not to f xceed 
 four mills on the dollar; see section 22 of general school law, as amended 
 March 18, 1864, aud supplementary act, pa?sed March 8, 1865, p. 40,
 
 117 
 
 iners of said town, all of whom shall be citizens of Akron,* 
 one to serve until the first Tuesday in June, one thousand 
 eight hundred and forty-eight ; one until the first Tuesday 
 in June, one thousand eight hundred and forty-nine; and 
 one until the first Tuesday in June, one thousand eight 
 hundred and fifty, and until their successors are qualified; 
 and annually, at the first regular meeting of the town 
 council after the annual election for members of that body, 
 they shall appoint one person for examiner, to serve for 
 three yiears, and until his successor is qualified ; and the 
 council shall fill all vacancies that may occur by deatli, 
 removal, or otherwise. The examiners, or any two of 
 them, shall examine such persons as may apply for that 
 purpose, and, if they find the applicant qualified, they shall 
 give him a certificate, naming the branches he is qualified 
 to teach ; that they have carefully inquired into his char- 
 acter, and believe it to be moral and good, and that they 
 Relieve him to be well qualified to govern and teach ;t 
 they shall also, in every case where two of their number 
 concur, have power to annul any certificate previously 
 given, and the person holding the same shall be dis- 
 charged from the public schools in said town ; they shall 
 also, separately or otherwise, together with such other 
 persons as may be appointed by the mayor, visit said 
 schools at least as often as once in every quarter, observe 
 the discipline, mode of instruction, progress of the schol- 
 ars, and such other circumstances as they may deem of 
 interest ; and semi-annually, at such times as the board 
 of education shall [appoint], they shall report their pro- Eepote. 
 ceedings to the town council, and also to the board of 
 educatwn, with such suggestions as they may think proper, 
 the publication of which shall be in the discretion of the 
 town council. 
 
 Sec. X. Annually, at such time as the board shall ap- 
 
 * An act supplementary to an act entitled " an act for the support and better regulation of Swan's !(•▼. Stat, 
 common schools in the town of Akron," passed February 8, 1847. 2 854. 
 
 [Passed March. 19, I860.] 
 Sectiov I. Be. it enacted by the General A-'iiembli/ of the S ile of Ohio, That the Certificate of ex- 
 biiard of examiners for any city, town, or viUag;' whicu Has adoptcii th.- above amiuer to stata 
 rtcite<l act. and the acts ami'ndatory thereto, shall state in the certHicate.s they caTe s^n ^ 
 issue to teachers, the period of tim ■ for which said crtificates shall be valid, valid, 
 which period shall not be less than six motilhs nor more than (wo years 5 and 
 uo ceriiticate shall be valid for any oih'r p'-riod than that named in it. 
 
 Skc. 2. No person shall be permitted to t«-a^di in any of the public shcools No person to 
 of sail! city, town or villaj'e, without such certilicate, or for any other time than teach without 
 that specified in said certihcate. 
 
 Sec. 3. This act shall be in force from and ift-r i»<5 na««n7-''. 
 
 KIOHARD C. t^ ARSONS, 
 Speaker of the House of Repre.ientalives, 
 ROIJERT 0. KIRK. 
 
 Fresidenl of the Senate. 
 
 t See sections 45 aa(}^46 of general school law, as ameadjd March 18, 186L
 
 118 
 
 Pnblic exam- 
 ination of 
 Bchoola. 
 
 Repealing 
 cl&nse. 
 
 Extended to 
 Dayton. 
 
 Bljfht of re- 
 peal. 
 
 point, public examinations of all the schools shall be had, 
 under the direction of the mayor, council, the board of 
 education, and the examiners. 
 
 Sec. XI. So much of the general school law, and so 
 much of any and all other laws of this state, general or 
 local, as may be inconsistent with this act, or any of its 
 provisions, is hereby repealed as to said town of Akron. 
 
 Sec. XII. The power conferred upon the board of 
 education of the town of Akron, in the fifth section of 
 this act, is hereby conferred upon the managers of the 
 common schools of the city of Dayton. 
 
 Sec. XIII. Any future legislature may alter, amend, 
 or repeal this act. 
 
 WILLIAM P. CUTLER, 
 Speaker of the House of Hepresentatives. 
 EDSON B. OLDS, 
 
 Speaker of the Senate. 
 
 CHAPTER Y. 
 
 SCHOOL FUNDS.* — SCHOOL LANDS. 
 
 Fund estab- 
 liabed, etc 
 
 Auditor of 
 ^»te the su- 
 perintendent. 
 
 And how to 
 Keep account 
 at funds from 
 sale of school 
 lands. 
 
 An act to establish a fund for the support of common schools. 
 [Passed March 2, 1831, Took effect June 1, 1831. 29 vol. Stat. 423.] 
 
 Section I. Be it enacted by the General Assembly of the 
 State of Ohio, That there is hereby constituted and es- 
 tablished a fund, to be designated by the name of the 
 " common school fund,'*' the income of which shall be 
 appropriated to the support of common schools in the 
 state of Ohio, in such manner as shall be pointed out by 
 law ; of which fund the auditor of state shall be the su- 
 perintendent, until otherwise directed by law. 
 
 Sec II. That whenever and so often as any moneys 
 shall be paid into the state treasury, arising from the sale 
 of any lands which heretofore have been, or hereafter may 
 be, appropriated by congress, for the use or support of 
 schools in any original surveyed township, or other dis- 
 trict of country, in this state, the auditor of state shall 
 
 * At the close of the last fiscal year, Nov. 15, 1864. the Irreducible School 
 Fund, upon which the State pays an annual interest of eix per centum, consti- 
 tuted a capital of $3,163,578.45, as follows: Section Sixteen School Fund, 
 $2,514,578.23; Western Reserve School Fund, $257,429.21 ; Virginia Military 
 School Fund. $172,958.83; U. S. Military School Fund, $120,272.12; Section 
 29, Ministerial School Fund, $93,282.09; Moravian School Fund, $3,160.58; 
 and Ohio University Fund, $1,897.39. The interest due on the first of January, 
 1865, was $190,536.71. For a full account of these several funds and the mode 
 of distributing the interest on the same, see School Laws, edition 1862, pp. 
 S5-62.
 
 119 
 
 Rate of inter- 
 est and ac- 
 count thereof. 
 
 forthwith open an account, in a book or books to be pro- 
 vided for that purpose, and shall pass the said monej^s to 
 the credit of such township, or other district of country; 
 which said money shall constitute an irreducible fund, the Irreducible 
 proceeds accruing from which shall be paid over and ap- 
 propriated, in the manner which shall be pointed out by 
 law, for the support of common schools within the town- 
 ship, or other district of country, to and for no other use 
 or purpose whatever. 
 
 Sec. III. That all moneys paid into the state treasury 
 as aforesaid, shall bear an annual interest of six per 
 centum ; which interest shall be cast from the time of the 
 payment of any principal sum, up to the first day of Jan- 
 uary, next succeeding such payment, and on the first day 
 of January, annually, thereafter ; and where the same has 
 not been done, the auditor of state shall, in a book or 
 books to be provided for that purpose, open an interest 
 account with every tow^nship, or other district of country, 
 to which a credit in the irreducible fund aforesaid shall 
 have been passed ; and he shall, in such book or books, 
 keep accurate accounts of the accrual and disbursement 
 of all interest accruing from such fund, so as aforesaid 
 belonging to any township or district of country ; and the 
 faith of the state of Ohio is hereby pledged for the annual 
 payment of the interest aforesaid, to the person who, and 
 in the manner which, shall be pointed out by law ; which 
 said interest shall be appropriated and expended for the 
 support and maintenance of common schools within the 
 township, or other district of country, entitled as aforesaid 
 to the same. 
 
 Sec. IV. That for the payment of any interest that 
 ehall have accrued, and be payable to and for any town- 
 ship, or other district of country as aforesaid, the county 
 auditor of the proper county shall, annually, on or after 
 the first day of January, draw an order on the treasurer 
 of state, in favor of the treasurer of the proper county, for 
 the interest which shall be payable in such county ; and 
 upon such order being presented to the auditor of state, 
 he shall thereupon certify an abstract of the amount of 
 interest payable to each township, or other district of 
 country, in such county ; and thereupon, on presentation 
 of said order, the treasurer of state shall pay the amount Receipt, etc, 
 of interest appearing by said abstract to be due ; and the 
 said county treasurer, or the person presenting said order 
 for him, shall indorse on said order a receipt for so much 
 as shall be paid thereon, and shall also sign a duplicate 
 receipt, which shall be lodged with the auditor of state, 
 who shall credit the state treasurer therewith, and charge 
 the several items constituting the aggregate of such ab- 
 sjract, to the proper township or other district of country; 
 
 Pledge for its 
 payment 
 
 Its appropria- 
 tion. 
 
 O 
 
 an
 
 120 
 
 Distribution. 
 
 Donatiotsand 
 bequests to 
 Test in com- 
 mon «jhool 
 fuuds, etc. 
 
 General fund 
 established. 
 
 Of what to 
 consist. 
 
 State pledged 
 lor the inter- 
 est. 
 
 Interest fund- 
 ed until 1835. 
 
 How distribu- 
 ted afterward. 
 
 and the money so drawn, shall be paid out by the county 
 treasurer, on the order of the county auditor, in the pro- 
 portions established by law, to the proper person or per- 
 sons in each school district authorized to. receive the same. 
 And in all cases in which a county line shall divide any 
 original surveyed township, or fractional part thereof, the 
 interest, payable in such township, shall be received and 
 disbursed in manner aforesaid, by the treasurer of the 
 county wherein the greatest quantity of land belonging to 
 such township shall be situate; but if it be uncertain in 
 which county the gi-eatest quantity of land in such town- 
 ship be situate, then the said interest shall be received 
 and disbursed by the treasurer of the oldest county in 
 which any part of such township shall be situate. 
 
 Sec. V. That whenever any donation or devise shall 
 be made, by gift, grant, last will and testament, or in any 
 other manner whatever, of any estate, either real, personal, 
 or mixed, to the state of Ohio, or to any person, or other- 
 wise, in trust for the said common school fund, by any 
 individual, body politic or corporate, the same shall be 
 vested in said common school fund ; and whenever the 
 moneys arising from such gift, grant, or devise, shall be 
 paid into the state treasury, the proper accounts thereof 
 shall be kept, and the interest accruing therefrom shall be 
 appropriated according to the intent and design of such 
 donor, grantor, or devisor. 
 
 Sec. VI. That there shall be constituted a fund for 
 the support of common schools, which shall belong, in 
 common, to the people of this state ; which shall consist 
 of the net amount of the money which heretofore has been, 
 or hereafter may be, paid into the state treasury, from the 
 sales of the lands commonly called the salt lands, and 
 such donations, legacies, and devises as may be made to 
 such fund, or to any person or persons, in trust for the 
 same. And the state of Ohio is hereby pledged to pay 
 the interest, annually, on any and all sums of money which 
 shall have been, or may hereafter be, paid into such treas- 
 ury, from the passage of this act, or the receipt of such 
 money into the treasury aforesaid; and the interest aris^ 
 ing as aforesaid, shall be funded annually, until the first 
 day of January in the year eighteen hundred and thirty- 
 five ; after which time the said interest shall be annually 
 distributed to the several counties in this state, in propor- 
 tion to the number of white male inhabitants above the 
 age of twenty-one years, as by law shall be ascertained, 
 for the apportionment of representatives ; and the projtor- 
 tion of interest, due to each and every such county, shall 
 be distributed for the support of common schools, in the 
 respective counties, in the manner prescribed in the act to 
 provide for the support and better regulation of commoji 
 schools.
 
 121 
 
 [The balance of the chapter is probably superseded by the act organizing 
 the sinkins: fund. The provisions are retained in Swan's Revised Statutes. 
 
 It is also questionable whether the state common school fund, organized in 
 section 6, is in existence. If so, the act of March 6, 1844, adds to it " all 
 moneys arising from licenses to peddlers, all moneys arising from auction 
 duties, or licenses to auctioneers, except in the county of Hamilton ; and all 
 fines and penalties collected under the laws relating to each of said funds ;" 
 but the same act limits the fund, however derived, to $200,000. 
 
 The doubts grows out of the language of section 6H of the gi-neral school act 
 (chapter i. ante), namely : " The state common Fchool fund shall hereafter comist 
 of such sum as will be produced by the annual levy and assessment of one mill 
 and one-half 7iill on the grand list of taxable property, etc. The late revisers, 
 Swan and Curwen, regard those provisions as yet in force, and the repeal is 
 exclusively by implication. The following act stands on the same footing :*] 
 
 An act to increase the general fund for the support of common schools, estab- 
 lished by the sixth section of the act to establish a fund for the support of 
 common schools, passed March 2, 1851, by the appropriation of the proceeds 
 of the swamp lands to that fund. 
 
 {Passed March 24, 1849. 49 vol. Stat. 40.] 
 
 Section I. Be it enacted by the General Assembly of the Proceeds o 
 State of Ohio, That the net proceeds which may hereafter fisloT"'' 
 he paid into the state treasury, from the sales of swamp added to the 
 lands granted to the state of Ohio, by act of congress, common 
 passed September 28th, 1850, be and the same is hereby ^ °° 
 appropriated to the general fund for the support of 
 common schools ; and the state of Ohio is hereby pledged 
 to pay the interest, annually, on any and all simis of 
 money which may be paid into the state treasury, from 
 the sales of said lands, from the receipt of such money 
 into the treasury aforesaid ; and the interest arising as 
 aforesaid, shalfbe funded annually, until the first day of 
 January, in the year eighteen hundred and fifty-five ; 
 after which time the said interest shall be annually distri- 
 buted to the several counties in this state, in proportion 
 to the number of white male inhabitants above the age of 
 twenty-one, as by law shall be ascertained, for the appor- 
 tionment of representatives ; and the proportion of interest 
 due to each and every such county, shall be distributed 
 for the support of conmion schools in the respective 
 counties, in the manner prescribed in the " act to provide 
 for the support and better regulation of common schools." 
 
 JOHN F. MORSE, 
 Speaker of the House of Representatives. 
 
 CHARLES C. CON VERS, 
 
 Speaker of the Senate. 
 
 SALE OP SECTION SIXTEEN. 
 
 An act to regulate the sale of School Lands and the surrender of permanent 
 
 leases thereto. , 
 
 iPassed April 16, 1852. 50 vol. Stat. 168.] 
 
 Section I. Be it enacted by the General Assembly of the school lands 
 State of Ohio, That all those lands granted by the congress may be sold. 
 
 * See Swan's Revised Statutes, 853-4.
 
 122 
 
 of the United States for school purposes, known as sec- 
 tion sixteen, together with all such as have been granted 
 in lieu of said section sixteen, may be sold, and such sale 
 shall be regulated by, and conducted according to, the 
 provisions of this act. 
 
 How vote of 
 the citizens 
 shall be taken. 
 
 Samfi subjoct. 
 
 Trustees to pe- 
 tition court of 
 common pleas. 
 
 [As amended March 21, 1861. 58 Stat. 28.] 
 
 Sec. II. In cases where tViere has been no vote taken for 
 the sale of any such land, the trustees of any original sur- 
 veyed township to which such lands may belong shall, at 
 least thirty days prior to the taking of any such vote, cause 
 not less than eight notices to be posted up in as many of 
 the most public places of such township, notifying the legal 
 voters residennt therein to meet at some convenient place 
 and time therein specified, and then and there cast their bal- 
 lots for or against the sale of any such lands belonging to 
 such township ; and if such vote result in a refusal to sell 
 said lands, the trustees may, in the same manner, authorize 
 the taking of a subsequent vote or votes as often as they 
 may deem proper: Provided, that no such subsequent 
 vote shall be taken until one year shall have elapsed since 
 the last preceding vote. 
 
 Sec. III. The trustees of the township shall preside at 
 the taking of such ballots, and shall appoint two clerks, 
 who shall keep two poll books, containing the names of 
 the voters and the result of the ballot, which poll books 
 shall be signed by the trustees and clerks ; and in case 
 such ballot shall result in favor of a sale, the trustees 
 shall, within ten days after such election, deposit one of 
 said poll books with the auditor of the county within 
 which such lands (or the greater portion thereof) may be 
 situated, with a copy of the notice given, and the affidavit 
 of one or more of the trustees, stating the manner of 
 giving said notices, and the time and place of putting up 
 the same ; which notices, affidavit and poll book shall be 
 by said auditor copied into a book for that purpose to be 
 provided, and when so recorded, such record shall be proof 
 of the facts therein stated. 
 
 Sec. IV. When such record has been made, the trustees 
 of such township to which said lands belong shall file a 
 petition in the court of common pleas of the county with- 
 in which said lands (or the greater portion of them) may 
 be situate, setting forth the giving of said notice, the 
 taking of said ballot, the result of the same, the filing and 
 recording of the aforesaid papers in the office of the au- 
 ditor of the proper county, and asking the court to 
 appoint three disinterested freeholders, not resident of the 
 township in which the land may be situated, to divide and 
 value the same in money.
 
 123 
 
 Sec. Y. If such court shall be satisfied that the state- 
 ments made in the petition are true, the court shall ap- 
 point three persons to divide and appraise the same, 
 according to the prayer of such petition ; and said 
 appraisers, after being first duly sworn before some officer 
 authorized to administer oaths, and taking to their aid, if 
 they think necessary, the county surveyor, shall proceed 
 to divide said lands into such parcels or tracts as, in their 
 opinion, will be best for the sale thereof, and return in 
 writing such divisions, suitably numbered and described, 
 to the said court, with a just valuation of each separate 
 division, in money. 
 
 Sec. VI. The court, on such return being made, and 
 having been by said court examined, and found in all 
 things regular, just and fair, shall certify the same, and 
 order the same to be entered of record, together with the 
 petition, and all the proceedings therein had ; a copy of 
 which the trustees shall cause to be filed in the ofiice 
 of the auditor of the proper county, who shall copy the 
 same into a book containing the notice, affidavit, and poll 
 book aforesaid, and immediately following the same. 
 
 Sec. VII. The auditor of the county, on the recording 
 of said proceedings, shall forthwith cause a notice to be 
 published in some newspaper of general circulation in 
 said county, for six consecutive weeks before the day of 
 'sale ; and, at the same time, by posting up copies of such 
 notice in six of the most public places in said county, two 
 of which shall be in the township where the lands are 
 situate, and one at the court-house, containing a descrip- 
 tion of the lots or lands to be sold, the valuation thereof, 
 and the time when said land shall be offered at public 
 auction, by said auditor, at the door of the court-house, at 
 not less than the appraised value thereof; one-twelfth of 
 the purchase money to be paid at the time of sale, and the 
 balance in eleven annual installments, of equal amount, 
 with annual interest thereon ; and said auditor shall, at 
 such time and place, proceed to offer the same to the 
 highest bidder, at or over the appraisement, and on the 
 terms stated in said notice. 
 
 Sec. Vni. In case said lands, or any part thereof, 
 shall not be sold as aforesaid, the auditor may continue 
 to offer the same on the application, in writing, of the 
 trustees of the township to which said lands may belong, 
 at any future time or times, until they shall be sold, 
 having first given the like notices herein provided to be 
 given on the first sale thereof: Provided, that no sale 
 shall be had on any valuation made more than two years 
 prior to the day of the sale. 
 
 Sec. IX. The court of common pleas aforesaid is here- 
 by required, on the petition of the trustees aforesaid, setting 
 
 Conrt to ap- 
 point appraia- 
 ers. 
 
 Returns, etc., 
 to be recorded. 
 
 Connty audi- 
 tor to adver- 
 tise sale. 
 
 Same. 
 
 Re-appraise- 
 ment.
 
 124 * 
 
 forth the former appraisement and the subsequent pro- 
 ceedings thereto, and that two years have elapsed, and 
 the laud remaining unsold, to direct a new valuation 
 of the same to be made in the manner hereinbefore 
 directed, unless said court, on testimony, shall be satisfied 
 that the former appraisement is a just and fair valuation 
 of said lands; in that ca'^e, the court shall make an entry 
 of the fact, which entry shall be certified to, and recorded 
 by the auditor, in manner aforesaid, and shall have the 
 same effect as a new appraisement. 
 In cases of Sec. X. In case said lands are held under permanent 
 
 kasee^^ete leases, or leases for ninety-nine years, the legal or equit- 
 able holder of any such lease, wishing to surrender the 
 same, and to purchase the fee of the premises so held by 
 lease, may, with the consent of the trustees of the original 
 township to which such lands belong, file his petition in 
 the court of common pleas of the county in which the 
 largest portion of such lands are situate, setting forth a 
 descrijition of the premises so held, the state of his lease, 
 or his title thereto, that he is desirous of surrendering 
 such lease and becoming the owner of the premises in fee, 
 and asking the court to appoint three disinterested free- 
 holders of the county, and not resident of the township 
 wherein such lands are situate, to value the same ; and 
 the court, on being satisfied of the truth of the facts set 
 forth in such petition, shall appoint such appraisers, who 
 shall proceed, under oath, to make a just valuation of the 
 premises in money, without reference to the improvements 
 made thereon, under and by reason of said lease, and shall 
 return such valuation, in writing, to said court ; and the 
 said court, if it shall be satisfied that said valuation is just, 
 shall confirm the same, and order it, with the petition and 
 other proceedings therein, to be recorded : Provided, that 
 before the trustees of any original surveyed township 
 shall consent to the surrender of any lease, as provided 
 in this act, they shall cause the proposition to be submitted 
 to the electors of said township, at an election to be held 
 and conducted in conformity to the provisions of the 
 second section of this act : and if, at such election, a 
 majority of the electors shall vote to such surrender, then, 
 and not otherwise, said trustees shall consent to the 
 surrender, in manner and form as herein provided. 
 
 tSEC. XI. Any such lessee, on producing to the auditor 
 Sa m sobjeot. of the proper county, within one year after the making 
 ol the same, a certified copy of such petition and appraise- 
 n ent, and confirmation, shall be permitted, by endorse- 
 nent thereon, attested by the auditor, to release to the 
 state of Ohio all his interest, title, and claim, in and 
 to such lease, for the benefit of the township to which the 
 same may belong; which certified copy of said record
 
 125 
 
 and said release, shall be recorded in a book for that 
 purpose to be provided. 
 
 Sec. XII. The purchaser of any such lands, at any ^Y™!"trl^% 
 auditor's sale, or the lessee of any such land held under arera, etc. '' 
 such lease, on executing his release, as aforesaid, shall 
 each, forthwith, pay to the treasurer of the county one- 
 twelfth of the purchase money in the first case, and one- 
 twelfth of the valuation in the second, and take the 
 treasurer's receipt therefor ; and the auditor, on receiving 
 the treasurer's receipt for said first installment, shall give 
 to said purchaser or lessee a certificate, containing the 
 name of the purchaser or lessee, a description of the 
 premise^, the number, amount, and time of payment of 
 the subsequent installments, and that said purchaser or 
 lessee, their heirs or assigns, on the punctual payment of 
 the sums still due, with anuuctl interest up to the time of 
 payment, shall be entitled to receive a final certificate 
 from such auditor: Provided, that such lessee shall pro- 
 duce to the auditor the certificate of the proper oflicer, 
 that all rents due on such premises have been paid up to 
 the time of surrendering said lease. 
 
 Sec. XIII. Any person wishing to pay any money Same sabject. 
 under the provisions of this act, in part or full payment 
 of any such lands, shall first obtain the certificate of the 
 auditor, of the amount due, or to be paid ; and on the 
 presentation of the same, the treasurer is authorized to 
 receive the amount therein specified, and shall give to the 
 person paying the same a certificate, directed to the 
 auditor, of the payment of said sum of money ; and the 
 auditor, on the presentation of said certificate, shall give 
 to such person a receipt therefor, credit him with the 
 amount in his books, and charge the treasurer therewith. 
 
 [As amended AprU 12, 1858. 55 Stat. 72.] 
 
 Sec. XIY. The county auditor shall keep an account County audi- 
 with the county treasurer of all sales made and leases tor to report 
 surrendered, and moneys paid thereon by each purchaser S^of^atate!'' 
 or lessee, and shall make a report of the same to the 
 auditor of state on the first day of February, May, August 
 and November, in each and every year, which report 
 shall distinguish between the amount paid in as principal, 
 and the amount paid in as interest, and from the time of 
 such report the state shall be liable to pay interest on all 
 such sums of principal so reported as paid, and the 
 treasurer of state, on receiving a certified copy of the 
 account from the auditor of state, shall be authorized im- 
 mediately to draw said money paid in as principal, from 
 the county treasurer ; and the amount so reported as interest ap- 
 interest shall be retained in the county treasury and i onioned.
 
 126 
 
 In case of fail- 
 ure or pur- 
 chaser to pay, 
 lands to be re- 
 sold, for cash. 
 
 Purchaser to 
 receive carti- 
 iBcate. 
 
 Final certifi- 
 cate. 
 
 D 'ed from the 
 state. 
 
 Excess of mo- 
 ney, how dis- 
 posed of. 
 
 apportioned to the several civil townships and parts of 
 civil townships in the original sarveyed township, or frac- 
 tional township to which said land belongs. 
 
 Sec. XV". If any such purchaser or lessee shall fail to 
 make any payment on any tract of land, for the space of 
 twelve months after the lime the same shall become due 
 and payable, the auditor of the proper county shall forth- 
 with proceed to sell such tract or tracts; of land, with all 
 the improvements thereon, at the door of the court-house, 
 to the highest and best bidder therefor, in cash, having 
 first given notice of the time and place of such sale, con- 
 taining a description of the lands, and the money due 
 and to become due thereon, by publishing the same in 
 some newspaper of general circulation in said county, for 
 six consecutive weeks before the day of sale ; and on 
 such sale, no bid shall be entertained for a sum which will 
 not be sufficient to pay all the purchase money due to the 
 state, and all expenses incident to such sale ; and in case 
 the said premises can not be sold for that amount, they 
 shall revert to the state, in trust for said township, and be 
 sold in the manner hereinbefore provided for the sale of 
 such lands not under permanent leases, or leases for 
 ninety-nine years. 
 
 Sec. XVI. When said lands sells as aforesaid, the 
 purchaser shall pay to the treasurer of the county the 
 amount so bid for said premises ; and on producing to 
 the auditor the treasurers' receipt for such payment, the 
 auditor shall give him a final certificate, stating the fact 
 of such sale, the name of the purchaser, the description 
 of the lands sold, the amount for which sold, the payment 
 of the same, and that the purchaser is entitled to receive, 
 from the state of Ohio, a deed in fee simple for the same, 
 on producing to the proper officer this certificate. 
 
 Sec. XVn. When any purchaser or lessee, their heirs 
 or assignees, shall have made payment in full, the auditor 
 shall give to such person a final certificate, containing, in 
 addition to the former one, the fact of the payment in 
 full, and that said person is entitled to receive, from the 
 state of Ohio, a deed in fee simple for said premises, on 
 the presentation of this certificate to the proper officer or 
 officers. 
 
 Sec. XVIII. The auditor of state, upon the filing of 
 any such final certificate in his office, shall make out the 
 draft for a deed therefor, and deliver the same, with such 
 final certificate, to the governor of the state, who shall 
 sign said deed, and cause the same to be sealed with the 
 great seal of the state, and by him delivered to the 
 grantee, on demand. 
 
 Sec. XIX. All excess of moneys made on any sale 
 of delinquent lands as aforesaid, after paying all sums
 
 127 
 
 due, interest and costs, shall be paid, on demand, to such 
 delinquent owner, his heirs or assigns, from the county 
 treasury, on the order of the auditor, if such demand be 
 made within one year from the time of auch sale ;^and if 
 not so demanded, it shall be paid into the state treasury ; 
 and, unless the same shall be demanded wnthin one year 
 after the same shall have been paid into the state treasury, 
 it shall be applied for the same uses as the lands are sub- 
 ject to. ; 
 
 Sec. XX. The fees for services under this act shall be Fees. 
 as follows : The court shall tax such fees on any petition 
 filed in the same, as are allowed for similar services on 
 proceedings in chancery. The county auditor to oe 
 allowed one dollar and fifty cents on each sale made by 
 him ; for each certificate, fifty cents ; for each receipt, six 
 cents, to be paid by the purchaser, and the same fees for 
 recording as is allowed to county recorders, to be paid out 
 of the first moneys paid in as interest or rents, on such 
 sale or surrender. All printers' fees for advertising, shall 
 be paid out of the county treasury, on the order of the 
 auditor, and refunded out of the first moneys received on 
 such sale, as interest or rents. The cost in court shall^ in 
 case of a petition by the trustees, be paid out of the 
 county treasury, on the order of the county auditor, and 
 refunded out of the first moneys received from the sale, as 
 interests or rents ; in case of a lessee being petitioner, all 
 costs shall be paid by him. 
 
 Sec. XXI. The act entitled " an act to provide for the Acts repealed 
 sale of section sixteen, granted by congress for the use of 
 schools," passed January 29, 1827; the act entitled " an 
 act to extend the time of payment to purchasers of school 
 lands in this state," passed January 3, 1843 ; the act en- 
 titled " an act to regulate the sale of ministerial and 
 school lands, and the surrender of permanent leases there- 
 to," passed February 2, 1843 ; the act entitled " an act to 
 amend an act entitled an act to extend the time of pay- 
 ment to purchasers of school lands in this state," passed 
 March 6, 1844 ; the act entitled " an act to amend the act 
 to regulate the sale of ministerial and school lands, and 
 the surrender of permanent leases thereto, passed Febru- 
 ary 2, 1843, passed March 12, 1844; the act entitled "an 
 act to fix the minimum price of the sales of school lands,'' 
 passed March 4, 1845 ; and the act entitled " an act to 
 amend an act entitled an act to extend the time of pay- 
 ment to purchasers of school lands in this state, and an 
 act amendatory thereto," passed February 1, 1847, be, 
 and the same are hereby repealed ; Provided, such repeal
 
 128 
 
 sball not impair, or in any manner affect any rights or 
 interests acquired under any of said acts.* 
 
 JAMES C. JOHNSOIT, 
 Speaker of the Rouse of Representatives. 
 WILLIAM MEDILL, 
 
 President of the Senate. 
 
 Preamble. 
 
 Title con- 
 fira>ed. 
 
 An act to confirm sales made by the trustees of the civil townships of section 
 sixteen, and other lands granted by congress in lieu thereof, to purchasers. 
 
 \_Passed April 6, 1856. 53 vol. Slat. 63.] 
 
 Whereas, in many counties of the state of Ohio, 
 through misapprehension of an act entitled " an act to 
 regulate the sale of ministerial and school lands, and the 
 surrender of permanent leases thereto, passed February 
 2, 184 ; also of an act entitled " an act to regulate the 
 sale of school lands and the surrender of permanent leases 
 thereto, passed April 16, 1852, the trustees of the civil 
 townships have sold section sixteen to various purchasers, 
 who have purchased said lands in good faith, have paid the 
 purchase money and taken possession of said lands, and 
 in many instances made large improvements on the same ; 
 therefore, in order to cure the defects in the title of such 
 purchasers to such lands, and to quiet them in the posses- 
 sion thereof, 
 
 Section I. Be it enacted by the General Assembly of the 
 State of Ohio, That such sales of section sixteen in the 
 original surveyed townships or fractional townships, and 
 all sales of land granted by the congress of the United 
 States in lieu of said section sixteen, which have been 
 made otherwise in conformity with the provisions of the 
 acts recited in the foregoing preamble, be, and the same 
 are hereby confirmed ;"and such purchasers and their 
 assignees and heirs at law shall hold the purchases so by 
 them made by a title as good and valid as though the 
 proceedings for such sale had been instituted by the 
 trustees of the original surveyed or fractional townships. 
 
 N. II. VAIST YORHES, 
 Speaker of the House of Representatives. 
 
 THOMAS H. FORD, 
 President of the Senate. 
 
 An act to regulate the sale of ministerial and school lands, and the surrender of 
 
 permanent leases thereto. ^ 
 
 IPassed March 9, 1861. 58 Stat. 28.] 
 
 Section I. Be it enacted by the General Assembly of the 
 State of Ohio, That all those lands, granted by the congress 
 
 * An act to provide for the appointment of Register of the Virginia Military 
 School lands, was passed February 22, 1852, 50 v. Stat. 108. As to the sale of 
 Western Reserve School lauds, see 46 v. Stat. 38 ; 48 v. Local Laws, 232 5 48 v. 
 Stat. 53.
 
 129 
 
 of the United States for religious purposes, known as 
 section twenty-nine, may be sold or the permanent leases 
 thereto surrendered, and that said sale or surrender shall 
 be reguUited by, and conducted according to the provisions 
 of an act to regulate the sale of school lands, and the 
 surrender of permanent leases thereto, passed April 16, 
 1852. 
 
 Sec. II. That section sixteen, donated and set apart 
 for the support of schools, and section twenty-nine for 
 the purpose of religion, or lands granted in lieu of either, 
 by the directors of the Ohio Company, on the 7th day of 
 January, A. D. 1796, in the following original surveyed 
 townships within the Ohio Company's purchase, to wit : 
 township number eight, in range number twelve : town- 
 ship number seven, in range number thirteen; township 
 number eleven, in range number fourteen ; township 
 number thirteen, in range number fifteen ; and townships 
 number eight, nine, ten, eleven, twelve and thirteen, in 
 range number sixteen, may be sold, or the leases thereto, 
 whether permanent or otherwise, surrendered, and that 
 said sale or surrender shall be regulated by, and conducted 
 according to, the provisions of the act referred to in the 
 first section of this act, and the lessees of any of said 
 lands holding leases for any term less than ninety-nine 
 years, shall be permitted to surrender their said leases in 
 the same manner, and be entitled to all the benefits of the 
 said act as if their leases were for ninety-nine years. 
 
 Sec. III. This act to be in force from and after its 
 passage. 
 
 9
 
 APPENDIX 
 
 FORMS ANJy IKSTRUCTIOXS. 
 
 CHAPTER I.— FORMS FOR SCHOOL DIRECTORS. 
 
 [_For Enumeration Forms, tee Chapter III.'] 
 
 L NOTICE OF SUB-DISTRICT SCHOOL MEETING. 
 
 Notice is hereby given to the qualified voters of sub-district number — >, 
 township, county, Ohio, that the next annual school meeting 
 
 for the election of a school director* in said sub-district, will be held at 
 the school- house [or usual place] in said sub-district, on the second Mon- 
 day of April, 180—, at o'clock P. M. 
 
 By order of the Directors, 
 
 , Clerk. 
 
 IL NOTICE OF SPECIAL SCHOOL MEETING. 
 
 Whereas, the qualified voters of sub-district number — , township, 
 
 county, Ohio, failed to meet and elect a school director on the sec- 
 
 ond Monday of April, 186 — , as prescribed by law : 
 
 Therefore, we, the undersigned, qualified voters of the sub-district 
 aforesaid, do hereby give notice that a special meeting of the qualified 
 voters of said sub-district for the election of a school director,* will be held 
 
 at the school-house of said sub-<listrict on the day of , 186 — , at 
 
 o'clock P. M. 
 
 IIL MINUTES OF SUB-DISTRICT SCHOOL MEETING. 
 
 Sub-District, No. — , 
 Township, Countv, Ohio, 
 
 , iso— . 
 
 At' a meeting of the qualified voters of said sub-district, held on the 
 second Mcmday of April, 186 — , [or, if a special meeting, give other date,] 
 was appointed chairman, and secretary. 
 
 Whereupon, said voters proceeded to elect by ballot, one director for 
 said sub-district, for the term of three years, [and one director for 
 
 * When two directors are to be elected, one for throe years, and one to fill the nnex 
 pired term of a director who has vacated his office, this fact should be stated in tho 
 notice.
 
 132 
 
 year, to fill the unexpired term of ;] and upon inspection of the 
 
 several ballots given at said election, it was found and publicly declared, 
 
 that was duly elected [for the full term, and for the 
 
 unexpired term.] , Chairman. 
 
 , Secretary. 
 
 Note. — The clauses in brackets may be omitted when only one school director is 
 elected. 
 
 IV. CERTIFICATE OF ELECTION OF SCHOOL DIRECTORS. 
 
 , , 18G— . 
 
 To the Cleric of ToicnsUp, County, Ohio: 
 
 This is to certify that a meeting of the qualified voters of sub-district 
 
 number , township, held on the second Monday of April, 180 — , 
 
 [or, if a special meeting, give other date] was elected school di- 
 rector, for the term of three years. 
 
 Witness my hand. , 
 
 Clerk of Sub-District ^o. — . 
 
 V. OATH OF SCHOOL DIRECTOR. 
 
 On the day of , 186 — , personally appeared , and 
 
 I then and there administered to him the following oath [or affirmation] : 
 
 You, , do solemnly swear [or affirm] that you will support 
 
 the constitution of the United States, and the constitution of the State of 
 Ohio, and that you will faithfully and impartially discharge the duties of 
 
 director, in and for said sub-district, number , township, 
 
 ounty, Ohio, according to law, and the best of your abilities. 
 
 Director in said Sub-District. 
 
 YL APPOmTMENT OF SCHOOL DIRECTOR. 
 
 -, 180—. 
 
 Whereas, , one of the directors in sub-district number — , 
 
 township, county, Ohio, has resigned, [died, or refused to serve^ 
 
 &G., as the case may he.] 
 
 Therefore, I do appoint director in said sub-district, who 
 
 fihall hold his ofhce until the time of the next annual meeting, and until 
 his successor is elected and qualihed. 
 
 Clerk of said Township. 
 
 vn. MEETma of school directors. 
 
 -, 186—. 
 
 Tlie school directors of sub-district number , township, 
 
 county, Ohio, this day met at , and legally qualified by taking the 
 
 requisite oath of office. 
 
 Whereupon was appointed clerk of said sub-district. 
 
 On motion, it was voted to employ as teacher, at $ 
 
 per month, and that the next term of school commence, etc. 
 
 Sub-District Clerk.
 
 133 
 
 VIII. COi^TRACT BETWEEN DmECTORS AND TEACHER. 
 
 Tin's inemoraiidurn of ag-reement, made the day of , ei<ihteen 
 
 liuiulred and sixty , between a school teacher, of the one 
 
 part, and , and , as school directors of sub- 
 district )iunil)er , township, county, Ohio, of the other part: 
 
 Witnesseth, that said agrees to teach the public school of said 
 
 sub-district for the term of weeks, commencing on the day of 
 
 , eighteen hundred and sixty , for the suiu of per ; and 
 
 that for said services properly rendered, said and , as 
 
 directors as aforesaid, are then and there to certify in favor of said 
 
 for the amount of wages due him, as ascertained by this article of 
 
 agreement. 
 
 Witness our hands. 
 
 Local Directors. 
 
 IX. CERTIFICATE FOR TEACHER'S PAY. 
 
 To the Cleric of Townsliip, Coiinty, Ohio: 
 
 This is to certify, that , under a contract duly made and en- 
 tered into, taught a comm(m school in sub-district number , of said 
 
 townshi[), from the day of , 18G — , to the day of , 18G — , 
 
 in all weeks, at per month ; and that there is due him for said 
 
 service the sum of . , 
 
 Local Directors. 
 
 X. CONTRACT FOR FUEL, REPAIRS, ETC. 
 
 This memorandum of an agreement, made this day of -, eighteen 
 
 hundred and sixty , between , of the one part, and 
 
 , and , as directors of sub-i listrict number , 
 
 township, county, Ohio, witnesseth : That said agrees to de- 
 liver at the school-house in said sub district, on or before the — day ot 
 
 next, bushels of coal of a good quality, at cents per bushel. And 
 
 said , and , as trustees as aforesaid, are then and there- 
 upon to certify in favor of said , for the sum due for said fueL 
 
 Witness our hands, &c. , 
 
 -, > Local Directors. 
 
 » 
 
 Note. — All cnntrncts made nnder section 7 of the Bcbool law must be reported to th« 
 township board at their next meeting 
 
 XL CERTIFICATE OP AMOUNT DUE FOR FUEL, ETC. 
 
 , , 18G— . 
 
 To flw Board of Education of Toicnship, County, 0.: 
 
 This certifies that has delivered at the school-house in sub- 
 district number , township, bushels of coal, under a contraclj 
 
 duly made and entered into, and that there is due him on said contraci 
 the sum of $ . 
 
 Witness our hands. 
 
 1 I 
 
 -, > Local Directors.
 
 134 
 
 XII. DISMISSAL OF TEACHER. 
 Whereas, it has been represented to us [or we have found] that 
 
 -, who has been employed and is now engaged in teaching- a school in 
 
 sub-district number , townsliip, county, is neg-ligent {or here 
 
 insert any other sufficient ccmse) as such teacher. And, whereas, we have 
 become satisfied of the truth of sakl representation: 
 Therefore, said is hereby dismissed as teacher as aforesaid. 
 
 Witness our hands. 
 
 186- 
 
 Local Directors. 
 
 Or: Whereas, we have been required by the board of examiners of 
 
 county, to dismiss , now engaged as a teacher in subdis- 
 
 -, township, and county aforesaid, for the following 
 
 trict number 
 Ciiuses 
 
 Therefore, said — 
 Witness our hands. 
 
 (Here set forth the causts.) 
 
 is hereby dismissed as teacher as aforesaid. 
 
 , 18G— . 
 
 Local Directors. 
 
 XIIL VISIT TO SCHOOL. 
 
 This day the undersigned, local directors in sub-district number 
 — townshij), county, Ohio, in company with and 
 
 -, who were invited for the purpose, visited the school in said sub-dis- 
 
 trict, taught by 
 nation and visit: 
 
 They found, &ii. 
 school, &c.) 
 
 -, and the following was the result of the exami- 
 
 (Htre set forth the opinion as to the management of the 
 
 Local Directors. 
 
 CHAPTER IL— FORMS FOR TOWNSHIP BOARDS OF 
 
 EDUCATION. 
 
 XIT. NOTICE OF MEETING TO ESTABLISH A HIGH SCHOOL. 
 Notice is hereby given by the board of education of township. 
 
 county, that in the opinion of said board it has become desirable to es- 
 tablish a central, or hi/jh school in said township; that for such purpose 
 
 it is necessary to levy a tax of hundred dollars ; and that on the 
 
 day of , at o'clock — . — ., there will be a meeting of the qualified 
 
 voters of said township, at the place of holding elections in said township, 
 when and where important questions will be submitted to the voters of 
 eaid township, relative to the cost and location of the building, and other 
 provisions necessary for the establishment of a central or high school in
 
 135' 
 
 said townsliip, and also the amount of tax which shall be levied for the 
 purpose. 
 
 , 186 — : By order of the Board, 
 
 , Clerk. 
 
 XV. NOTICE OF MEETING TO VOTE A TAX FOR BUILDmO 
 
 PURPOSES. 
 
 Notice is hereby given by the board of education of township, 
 
 county, that there will be a special meeting of the qualified voters of said 
 
 township at , on the day of , at o'clock — . — ., to 
 
 consider the question whether a tax of hundred dollars shall b« 
 
 levied upon the taxable property of said township to build a school-house 
 
 in sub-district number of said township, the erection of such scho(rf- 
 
 house being, in the opinion of the board, necessary, and the rate of tat 
 which the law authorizes the board to levy being insufficient for the pur- 
 I)ose. 
 
 By order of the Township Board, 
 , 186—. , Clerk. 
 
 XVI. NOTICE OF SPECIAL MEETING OF TOWNSHIP BOARD. 
 
 Notice is hereby given that there will be a meeting of the board of edu- 
 cation of township, county, on the day of at o'clock 
 
 — . — ., at , to consider the question of , and other businesa 
 
 which may be considered necessary to transact. 
 
 , 186—. , Clerk. 
 
 XVIT. CERTIFICATE OF ANNUAL ESTIMATES. 
 
 To tlie Auditor of County : 
 
 It is hereby certified by the board of education of township, 
 
 county, tbat the entire amount of money necessary to be assessed on the 
 taxable property of said township, and expended therein, for school and 
 school-house purposes, during the next school year, as directed in the 
 twenty-second section of the general school law, as amended March 18, 
 1864, is dollars, as follows : 
 
 For continuing sub-district schools $ 
 
 For incidental or contingent expenses 
 
 For building purposes 
 
 For payment of teachers in central township school . . 
 
 Total $ 
 
 By order of the Township Board, 
 , 186—. , Clerk. 
 
 XVni. CERTIFICATE OF ANNUAL ESTIMATES FOR JOUST 
 
 SCHOOL. 
 
 To the Auditor of County : 
 
 It is hereby certified by the board of education of • township, 
 
 county, having charge of the school in joint sub-dirtrict num- 
 ber — , composed of parts of and townships, that tke
 
 136 
 
 ftmonnt of money necessary to be assessed on tbe taxable property of said 
 townships, to pny tlie expenses ot said joint scliool during the next school 
 year, as directed in the sixteenth section of the fleneral school law as 
 amended March 28, 1805, is dollars, as follows : 
 
 TOWNSHIP. 
 
 For continuation of joint school $ 
 
 For i)ayment of all other exx)enses 
 
 Total $- 
 
 TOWNSHIP. 
 
 For continuation of joint school. . . 
 For jiayment of all other expenses 
 
 Total 
 
 The number of youth enumerated in September last, in the respective 
 parts of the townships included in said joint sub-district, was as follows: 
 
 township, ; township, ; total, . 
 
 By order of the Board of Township. 
 
 , Clerk. 
 
 , 186-. 
 
 Note — In case tbe townships having territory in a joint sub-district are situated in 
 different counties, a copy of the above certificate of estimates should be sent to th» 
 Auditor of each county. 
 
 XIX. DIFFEEENT MODES OF ALTERING SUB-DISTEIOTS. 
 
 Resolved hy the Board of Education of Toivnsliip, That so 
 
 much of suh-district number — as is bounded as follows : (describe houndr 
 airy) be transferred and united with sub-district number — . 
 
 Resolved l>y the Board of Education of Township, That sub- 
 district number — is hereby abolished, and so mucli of the territory of 
 said abolished sub-district as is bounded as follows: {describe boundary) 
 is hereby transferred to and united with sub-district number — ; and so 
 much of said abolished sub-district as is not herein united with sub-district 
 number — , is transferred to and united with sub-district number — . Thia 
 lesolution shall take effect on the day of , 18 — . 
 
 Resolved by the Board of Education of Township, That so 
 
 much of sub-district number — as is bounded as follows : (describe bound- 
 wy) be cut off from said sub-district, and that so much of sub districis 
 number — as is bounded as follows : (describe boundary) be cut off from said 
 sub-district, and that the territory thus cut off' from sub-districts number — 
 and — respectively, is hereby consolidated and formed into a new sub- 
 district, and designated sub-district number — of township.
 
 137 
 
 Resolved hy tlie Board of Education of Township^ That sub- 
 
 distiicts nninber — and — are hereby abolished, and that the territory 
 included in said snb-districts at the time of their abolishnuMit is hereby 
 consolidated and formed into a new sub-district, and <U'si<>i)ated sub-district 
 
 number — of to^Yuship. This resolution shall take effect on tlie 
 
 day of , 18 — . 
 
 KoTH. — When a new sub-district is formed the township hoard shouhl call a meeting 
 of the qualitied voters to elect local directors. 
 
 XX. KOTICE OF ELECTIOX II!^ A NEW SUB-DISTRICT. 
 
 "Whekeas, the Board of Education of township, 
 
 county, did, at tlieir last regular meeting', the third jMonday of , 
 
 abolish sub-district number — (or sub-districts 7uo^>bvr — and — ) and form 
 from the territory of said sub-distri(;t, and so much of sub-district number 
 — as is bouiuled as follows : (describe boundarij) a new sub-district, to be 
 kno'>v!i as sub-district number — : 
 
 Thcrelbre, notice is hereby given to the qualified voters of said sub- 
 district, tiius organized and designated, that a meeting- for the election of 
 
 three school direcitors will be held at on the day of 
 
 , at — o'clock — . — ., said election to be conducted as prescribed in 
 
 section two of the general school law. 
 
 By order of the Township Board. 
 
 , Cleric 
 
 , 18G-. 
 
 NoTK. — Of the persons elected at stich special meetinir, the person receivinj^ the higlk- 
 est muuber of votes will hold his office until the third annual election thereafter; the 
 person receiving the next highest number until the second annu:i! election; and th» 
 person receiving the next highest number until the tirst or next annual election. 
 
 XXI. OKGAXIZATION OF A J0I:N^T STJB-DISTEICT SCHOOK 
 
 KESOLUTION OF BOARD TRANSFERRING TERRITORY. 
 
 ReHolrcd by the Board of Education of Township, That so 
 
 much of sub-district number — as is bounded as lollows: (describe bound- 
 ary) is hereby transferred, if the board of education of town- 
 
 Bhip concur in su(;h transfer, to the said townshii> for school 
 
 puri)()ses, to form with so much of said to\vnsliii)as is bounded as follows: 
 (describe boundary) a joint sub-district, the school house therein to be sit- 
 uated in said tow'uship. 
 
 EESOLUTION OF THE BOARD RECEIVING THE TERRITORY TRANSFERRED, 
 
 Resolved, That the board of education of township hereby 
 
 concurs in the action of the board of e<lucation of township 
 
 transferring: so much of said township as is bounded as follows : 
 
 '{describe boundary) to this township for school jjurposes, to form 
 
 with so mu<;h of the territory of this townshij) as is bounded as 
 
 follows : (describe boundary) a joint sub-district with school house in this 
 township. 
 
 NoTK. — In case the sub-district is formed temporarily, or for a definite number of years, 
 A clause to that eii'cct should be added to each of the above resolutions.
 
 138 
 
 XXII. APPOINTMENT OF ACTING MANAGEE. 
 
 , 186-. 
 
 This day the board of education of township, county, 
 
 met, and, deeiniiig it necessary, did appoint acting- manager of 
 
 schools lor said township, and emx)owered him to i)erform the following 
 duties : 
 1. To, i&c. 
 
 By order of the Board. 
 
 , Clerk. 
 
 XXIII. ASSIGNMENT OF SCHOLAES TO CENTEAL HIGH 
 
 SCHOOL. 
 
 The board of education of townsliip, county met 
 
 this day and assigned the following scholars to the Central High School : 
 
 From sub- district No. — : 
 A. B. 
 CD. 
 Etc. 
 
 From sub-district No. — : 
 E. F. 
 G. H. 
 
 Etc. ' 
 
 (The assignments frotn each sub-district being specified in lilie manner.) 
 
 By order of the Township Board, 
 
 , Clerk. 
 
 XXIV. APPOINTMENT OF LIBEAEIAN. 
 
 186^ 
 
 The board of education of township, county, has 
 
 this day apjminted to act as librarian, and to take charge of th« 
 
 school apparatus of said townshii), for the term of — year. 
 
 By order of the Board. 
 
 , Clerk 
 
 XXV. BOND OF LIBEAEIAN.* 
 
 Know all men by these presents, that we, and , are held 
 
 and bound unto the State of Ohio in the sum of hundred dollars, 
 
 for the payment of which we jointly and severally bind ourselves, our and 
 each of our heirs, administrators. and assigns. Sealed with our seals this 
 day ol: -, eighteen hundred and sixty — . 
 
 The condition ot tliis obligation is such, that whereas the board of 
 
 education of township, county, on the day of , 
 
 eighteen Imndred and sixty — , appointed and authorized said 
 
 to act as libiarian and to take charge of the school apparatus in district 
 No. — of said townsliip. 
 
 Now, if said shall faithfully, honestly, and impartially, and in 
 
 accordance with vsuch rules and regulations as may, from time to time, bfi 
 prescribed by said board, discharge his duty under and by virtue of said 
 
 * This bond ia authorized but not required by law.
 
 , 139 
 
 appointment, for tlie term of — year, and until his successor shall be duly 
 appointed, then his obligation shall be void. 
 
 , [SEAL. 
 
 , [SEAL.^ 
 
 Attest : 
 
 XXVL ORDER OX TOWNSHIP TREASURER FOR TEACHER'S 
 
 PAY. 
 
 Xo. — . 
 
 To the Treasurer of Township, Couniy, Ohio: 
 
 Pay dollars for services as teacher in sub-district 
 
 number — , of said township, from , 18G-, to , 1SG-, in all 
 
 weeks, at per . 
 
 Township Clerk. 
 
 Received on the above order, , , 18 — , of , Township 
 
 Treasurer, the sum of dollars. 
 
 -, Teacher. 
 
 XXVII. ORDER OX TREASURER OTHER THAX FOR TEACHER'S 
 
 PAY. 
 
 , , 18-. 
 
 Xo. — . 
 
 To the Treasurer of Township, County, Ohio : 
 
 Pay , or order, dollars, for (specif y for what purpo89 
 
 the money is paid) from the contingent school fund (or from the school 
 building fund.) 
 
 By order of the Township Board. 
 
 , Clerk. 
 
 Received on the above order, , , 18 — , of , Towa- 
 
 ship Treasurer, the sum of dollars. 
 
 XXVIII. FORM OF DEED. 
 
 This Indentuee, made the day of , one thousnnd eight 
 
 hundred and , between and liis wife, of the 
 
 county of , in the State of Ohio, parties of the liist piirt, and 
 
 , a.s township board of education of the township of .^ 
 
 county and State aforesaid, party of the second part, witncsseth : That 
 
 the said parties of the first part, in consideration of to then, duly 
 
 paid before the delivery hereof, have bargained and sold, and by these 
 presents do grant and convey, to the said party of the s«M'ond part^ its 
 successors and assigns forever, [here describe the premises,] with tlie ap[)up- 
 teiiances, and ail the estate, title and interest of the said i)arties of the
 
 140 
 
 first part therein. And tlie said parties of the first part do hereby covB- 
 najit and agree with the said party of the second part, that at the time of 
 the delivery hereof the said i)arties of the first part were the hiwiul own- 
 ers of the premises above granted, and seized thereof in fee simple 
 absolute, and that they will warrant and defend the above granted prem- 
 ises in the quiet and peaceful possei-sion of the said party of the second 
 part, and its successors and assigns forever. 
 
 In witness ichereof, the said parties of the first part have hereunto set 
 their hands and seals, the day and year first above m ritten. 
 
 Sealed and declared in presence of [seal.] 
 
 [SEAL.] 
 
 TJie State of Ohio, Cotinty, 
 
 Personally appeared before me, and his wife, g-rant- 
 
 ors in the above deed, and acknowledged the same to be their voluntary 
 
 act and deed ; and the said being at the sanie time examined 
 
 by me, a})art from her said husband, and the cont<'nts of the above deed 
 made known to her, she there decilarcd that she voluntarily signed, sealed 
 and acknowledged the same, and that she is still satisiied thcvewith. 
 
 Witness my hand and seal, this day of ^ , A. 1). 18G-. 
 
 Note — The T)oard should carefully investi<jate the title to propertj' before purchas- 
 ing, and no .school-house should be erected until a satisfactory title is obtained. The 
 proi)e)ty should be declared in the corporate uame of the " Township Board <jf Educa- 
 tion," and not in the name of the directors. 
 
 XXIX. rOEM OF LEASE. 
 
 This Indenture, made the day of , one thousand eight 
 
 hundred and , between , of the county of , in the 
 
 State of Ohio, of the first part, and the township board of educjition of 
 
 the townsliip of , county and State aforesaid, ot the second part, 
 
 witnesseth : That the said party of the first part, for the consideration 
 hereinafter mentioned, has demised, granted and leased, and does hereby 
 demise grant and lease, unto the said party of the second part, its suc- 
 cessors and assigns, [here describe the premises,'] with all thei)rivileges and 
 appurtenances tliereunto belonging. To have and to hold the said <leniised 
 
 premises, with the appurtenances, for and during- the term of from 
 
 the day of ; and the said party of the second part, for 
 
 itself and its assigns, agrees to pay the said party of the first part, for 
 
 the said premises, the annual rent of dollars, in quarter yearly 
 
 installments, on the — day of , respectively. 
 
 In testimony ichereof, the said parties have hereunto set their hands and 
 seals, this day of , A, D. 18C-. 
 
 In i)resence of [seal.] 
 
 [SEAL.] 
 
 Chairman of the Board. 
 
 [seal.] 
 
 Clerh. 
 State of Ohio, County. 
 
 Before me personally appeared , grantor in the above 
 
 instrument, and acknowledged the same to be voluntary act and 
 
 deed, for the uses and purposes therein mentioned.
 
 141 
 
 In testimony wTiermf, I have hereunto subscribed my name, this- 
 day of . A. D. 180-. 
 
 NoTK. — If the Itiase he for three years or more, it must be acknowledored, attested by 
 two witni'sst's, and recorded. If for a less term, it need uot be executed with thesa 
 formalities. Tiie time of paying rent may be filled up according to contract. The cou- 
 ftidoratiou may be mouey, or anything else, and the form varied accordingly. 
 
 CHAPTER III.— ENUMERATIOl^ FORMS. 
 
 XXX. ENUMERATION OF YOUTH IN SUB-DISTRICTS. I. 
 
 Enumeration of youth between the ages of five and twenty-one years, residing in 
 sub-district number , township, county, Ohio. 
 
 Names of Parents 
 
 NAMES OF WHITE TOUTH. 
 
 No. of Section 
 
 iu which youth 
 
 reside. 
 
 or Guardians. 
 
 Male. 
 
 Female. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 NAMES OF COLORED YOUTH. 
 
 • 
 
 
 
 
 
 
 
 
 
 
 RECAPITULATION. 
 
 Number of Wliite Youth : Male, • 
 Number of Colored Youth : Male, 
 
 Female, • 
 Female, 
 
 Total, 
 Total, 
 
 We hereby certify the above to be a correct list of the white and colored youth in 
 
 sub-district number , townshii>, couuty, as taken between the iii-st and 
 
 tbird Mondays of September, 186 — . 
 
 186- 
 
 -, > Local Directors. 
 
 Note — This form is to bo used in taking the enumeration of youth in sub-districts, 
 no part of which is in the Virginia Military District, the United States Military District, 
 the Western Reserve, or an original surveyed township or fractional township to which 
 belongs section sixteen, &c. See section 9.
 
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 145 
 
 CHAPTER. ly.— FOEMS FOR CLERKS, TEACHERS, A:N^D 
 
 TREASURERS. 
 
 [/br Form for Clerk'' 8 Order for Teachers' Pay, see Chapter J/.] 
 XXXIV.— BOND OF TOWNSHIP TREASUKER AS TREASURER OF SCHOOL FUNDS. 
 Know all Men hy these Presents, That we, , , and , of • 
 
 county, Ohio, are held aud firmly bound, to the State of Ohio, in the sum of 
 — dollars, for the payment of which we do jointly and severally bind our- 
 selves, our and each of our heirs and legal representatives. Sealed with 
 
 our seals and dated this — day of , in the year 186-. 
 
 The condition of this obligation is, that, whereas, the said , was, 
 
 on the — day of — , 18 — , duly elected treasurer of township, 
 
 county. jSTow, if said , as treasurer, shall faithfully disburse and 
 
 pay over, according to law, all such school or other funds, and moneys, 
 as shall, from time to time, come into his hands for school purposes, then 
 this obligation is to be void ; otherwise to be and remain in full force. 
 
 , [seal.' 
 
 , [seal.' 
 
 . [SEAL.' 
 
 Executed in presence of 
 
 Note. — This can readily be altered to apply to a city treasurer, or the treasurer of 
 any separate school district, as provided in section 34 aud supplemental section I. 
 
 XXXV. CERTIFICATE OF TREASURER'S BOXD. 
 
 To the Auditor of County: 
 
 -, 186-. 
 
 It is hereby certiiied that has executed and filed with me a bond 
 
 for the faithful disbursement, as a treasurer of township, '- county, 
 
 of all school funds that may come into his hands as such treasurer ; 
 
 which bond, dated April — , 186-, is in the penalty of dollars, and 
 
 has been approved by the trustees of said township. 
 
 Clerk of said Township. 
 
 Note. — Tho above can be altered so as to apply to the bond of the treasurer of a sep- 
 arate school district, as provided in section 34 and supplemental section I. 
 
 XXXYI. FIXAL RECEIPT OF TOWXSHIP TREASURER. 
 
 Received, , 186-, of , late treasurer of 
 
 township, county, the following moneys and school property, 
 
 to-wit : dollars, being part and parcel of the fund ; also, &c. 
 
 , Treasurer. 
 
 10
 
 146 
 
 XXXYII. FINAL RECEIPT OF TOWNSHIP CLEEK. 
 
 Eeceived, , 18 — , of , late clerk of town- 
 ship, the school money account-book, the record book of the township 
 board, the copy of the school laws, the certificate and reports of teachers, 
 required by law to be filed in his oflice, and the other official books and 
 papers relating to schools, in his hands. 
 
 Clerk of said Township. 
 
 Note. — The incoming clerk should be specially careful to receive all the books and 
 documents specified in the above receipt.
 
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 ^'
 
 148 
 
 XXXIX.— TEACHER'S 
 
 Term Register of Sub-District School No. 
 For the Term commencing 
 
 
 
 
 
 
 
 
 
 
 Tkrm of 
 
 
 NAMES OF PUPILS. 
 
 <6 
 
 < 
 
 f-H 
 
 o 
 o 
 
 o 
 
 CO 
 
 ITS 
 <D 
 U 
 « 
 
 ® 
 f-H 
 
 ft 
 o 
 
 <» 
 
 cS 
 P 
 
 4^ 
 
 n 
 
 OD 
 
 a> 
 ft 
 
 00 
 
 eS 
 O 
 
 6 
 ;2; 
 
 OJ 
 
 "^ 
 
 GO 
 
 ks 
 
 «4H 
 
 o 
 6 
 
 12! 
 
 Pupils enrolled previous term. 
 
 (See '' Direction" A.) 
 
 BRANCHES 
 
 I 
 
 4i 
 
 OJ 
 
 "ft 
 
 
 ft 
 
 bb 
 
 
 MAXB. 
 
 
 
 . • « . 
 
 
 X 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 * 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Totals 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 DIRECTIONS TO TEACHERS. 
 
 1. NA>rES OF Pupils. — Arrange the names of pupils in alphabetical order, with at 
 least one blank line between the names of the two sexes. 
 
 2. Days Present. — Write in this column the number of days each pupil was in at- 
 tendance during the term. 
 
 3. Days Absent. — Report only the number of days the pupil was absent while a mem- 
 ber of the school. Do not count the days before he entered nor after he was withdrawn. 
 
 4. Pupils Enrolled Previous Term. — If the report is made for the second or final 
 term of the school year, place a check-mark (x) in this column opposite the names of all 
 pupils enrolled the pre^'iou8 term. If the report is made for the first term of the 
 school year, this column is not to be filled, since the " previous term " in that case would 
 not be in the current school year.
 
 149 
 
 TERM REGISTER. 
 
 18G — , and ending 
 School Year. 
 
 Township, 
 
 -, 186—. 
 
 County, Ohio. 
 
 -, Teacher. 
 
 OF STUDY PUKSUED. 
 
 Remarks. 
 
 
 
 
 .2 
 
 '-J3 
 
 a 
 
 < 
 
 a 
 
 S 
 
 c: 
 (.1 
 
 ® 
 
 3 
 
 a 
 
 05 
 
 H 
 O 
 
 CO 
 
 CO 
 
 © 
 
 »— 1 
 
 o 
 
 s5 
 o 
 
 o 
 
 Pi 
 
 a 
 
 O 
 
 O 
 
 
 6 
 •i-t 
 
 CO 
 
 3 
 
 w 
 
 o 
 
 O 
 
 OD 
 
 s 
 
 CO 
 
 c3 
 
 General 
 Summary. 
 
 
 
 
 
 
 
 
 
 
 
 
 No. of Pupils Eurolled. 
 
 
 Male. 
 
 Fcuiiile. 
 
 Total. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 No. Enrolled Previous 
 Term. (For 2d Term.) 
 
 
 
 
 
 
 
 
 
 
 
 
 . 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Male. 
 
 Female. 
 
 Total. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Average Daily Attend'ce. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 , 
 
 
 
 
 
 
 Male. 
 
 I'emale. 
 
 Total. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Average Daily Absence. 
 
 
 
 
 
 
 
 
 
 
 
 _ 
 
 
 
 
 
 
 
 
 
 
 
 
 Male. 
 
 Femalp 
 
 Total. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 .... 
 
 .... 
 
 - • ■ • 
 
 " • • ■ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Average Age of Pupils. 
 
 
 
 
 
 
 
 
 
 
 
 
 CJ 
 
 
 Male. 
 
 I'emale. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Total. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 • « * * 
 
 • • . « 
 
 
 
 
 
 
 
 
 
 Name of Author of Text- 
 Book. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Readiu 
 Spt'llii 
 Writin 
 
 or; ...... 
 
 
 u: 
 
 ■ ■ " • 
 
 
 
 .... 
 
 .... 
 
 .... 
 
 .... 
 
 
 
 
 
 0*: ............ 
 
 
 
 
 
 
 
 b 
 
 5. Branches of Study. — To denote that a pupil pursued a given branch of study, 
 place a figure one (1) in the proper column, opposite the pupil's name. If he pursued 
 the same study the previous term of tho current school year, place a iigure two (2) in the 
 proper column. Under the head of "Ali)habet " mark those pupils that received their 
 first lessons in reading, whatever the mode of teaching. By "oral lessons" is meant all 
 regular oral instruction, whatever the subjects thus taught ; book lessons are not iucluded. 
 
 6. Rule for Finding the Average Daily Attendance. — Add together the number 
 of days the different pupils were in attendance, and divide the sum by the number of 
 days the school was in session. The average daily absence is found in a similar manner. 
 
 7. Rule for Finding the Average age of Pupils. — Divide the sum of the ages of 
 all the pupils by the number of pupils.
 
 150 
 
 u 
 
 
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 00 
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 3^ 
 
 
 
 
 Cd 
 
 
 
 
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 the 
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 Male, i; Female,^. Total, 1 
 
 BRANCHES OF STUDY PURSUED. 
 
 
 
 
 
 
 1 : : 
 
 
 
 
 1 : : 
 
 
 
 
 1 : : 
 
 
 
 
 •tJ.iq9Syy 1 : ; 
 
 
 
 
 •ajo^sih s "n : : 
 
 
 
 
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 1-1 
 
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 BOYS. 
 
 Charles Ames 
 
 Willis Ames 
 
 jonn crown 
 
 Floyd Smith 
 
 Frank Spencer 
 
 GIRLS. 
 
 Mary Ames 
 
 Jane Abbott 
 
 Carrie Dodge 
 
 • 1 1 
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 • • 1 
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 «5 
 
 
 
 No. of Pupils Twice 
 
 Enrolled. 
 
 {Direction 5.) 
 
 
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 152 
 
 TEAGHEE'S EEPORT TO THE TOWXSHir CluEUK— Concluded. 
 
 DIEECTIONS TO TEACHEES. 
 
 1 School Year. — The school year bej^ins on the first day of September and ends on 
 the last day of the following August. Two terms (or quarters) of school are usually 
 taught each school year in each sub-district. The second term should close on or before 
 the last day of August. 
 
 2. Names of Pupils. — Arrange the names of pupils in alj)habetical order, with at 
 least one blank line between the names of the two sexes. 
 
 3. Days Present. — Write in this column the number of days each pupil was in attend- 
 ance during the term. 
 
 4. Days Absent. — Keport onlj^ the number of days the pupil was absent while a 
 member of the school. Do not count the days before he entered nor after he was with- 
 drawn. 
 
 5. Pupils Enrolled Previous Term — If the report is made for the second or final 
 term of the school year, place a check-mark (X) in this column opposite the names of all 
 puT)ils enrolled the previous term. If the report is made for the first term of the school 
 year, this column is not to be filled, since tlie "previous term " in that case would not be 
 in the current school year. The number of pupils' names thus checked (X) should be 
 entered in the "Recapitulation and General Report," in the columns headed "■No. of 
 Pupils Twice Enrolled^ 
 
 6. Branches of Study. — To denote that a pupil pursued a given branch of study, 
 place a figure one (1) in the proper column, opposite the pupil's name. If he pursued 
 the same study the previous term of the current school year, place a figure two (2) in the 
 proper column. In making a report for the second term, give in the columns headed 
 " Both Terms," the number of pupils that pursued the same study both terms of the school 
 year. An occasional exercise in a given study should not be considered. 
 
 7. Alphabet. — Under this head report the number of pupils that received their first 
 lessons in reading, whatever the mode of teaching. 
 
 8. Oral Lessons.— Include all pupils that received regular oral instruction, whatever 
 the subjects thus taught; book lessons are not included. 
 
 9. Remarks. — Opposite each name enter a "remark," stating from what school the 
 pupil was received, if registered in another school in the same township or district, at 
 any time during the school year; or what school he entered, if transferred or withdrawn 
 during the year. The object of these remarks is to show in what school the pupil was 
 last registered. 
 
 10. Rule for Finding the Average Daily Attendance. — Add together the number 
 of days the different pupils were in attendance, and divide the sum by the number of 
 days the school was in session. The average daily absence is found in a similar manner. 
 
 11. Rule for Finding the Average Age op Pupils.— Divide the sum of the ages of 
 all the pupils by the number of pupils. 
 
 12. A School Month consists of four weeks, the number of school days in each week 
 depending upon the particular custom of the township or district. When the school is 
 taught five days each week, twenty days will make a month ; when taught five and one- 
 half days each week, twenty-two days will make a month. 
 
 13. Teacher's Board. — If the teacher " boarded around," or if his board was paid for 
 by district in addition to his wages, the answer to the question on this subject will bo 
 " yes;" if the teacher boarded hifiaself, the answer will be " no." 
 
 14. School Houses and Apparatus. — An estimate of their value can easily be ob- 
 tained of the directors of the sub-district. Report to the Township Clerk, on a separate 
 piece of paper, the condition of the school house, school furniture, and school apparatus 
 (outline maps, etc.); also, the repairs needed.
 
 153 
 
 •3[99M B 
 HT fiiftjp JOOqOS JO -o^ 
 
 
 
 No. of weeks 
 
 sctiools were 
 
 iu session. 
 
 •p^ox 
 
 
 
 •tnJ9X 
 PS 
 
 
 
 •rai9x 
 
 
 
 m 
 o 
 
 Q 
 
 H 
 
 H 
 
 >< 
 
 < 
 ft 
 
 o 
 
 > 
 
 r-l <" 
 
 +3 
 
 o 
 
 d 
 
 ® 
 Eh 
 
 -a 
 
 •9]^Bni9j[ 
 
 ,,,,,,,, , , 
 
 • 1 1 « 1 I 1 1 ( 1 1 1 1 • 1 
 
 lllll(*tlltlllt 
 1 1 1 1 1 t 1 1 ■ 1 1 ■ • 1 I 
 
 
 •91GH 
 
 ll*llllllll*(*l 
 
 
 •9IBni9J 
 
 
 
 •eiBp^ 
 
 '''•'*''*'*'*'* 
 
 
 a 
 
 El 
 
 H 
 +3 
 
 CO 
 
 •oxBuigj 
 
 
 
 •9IGH 
 
 :;:::::::!::::: 
 
 
 iJ 
 1-1 
 O 
 « 
 
 cc 
 1-1 
 
 Ch 
 
 o 
 
 « 
 w 
 
 5 
 rt 
 
 1^ 
 
 True Enrollment. 
 (See Directions.) 
 
 •9XBra9j 
 
 1 1 1 t t 1 » 1 1 
 
 
 •9It3I\[ 
 
 1 t 1 ( ( • 1 1 1 1 1 ■ 1 1 i t 
 
 
 Twice Enrolled. 
 (See Directions.) 
 
 9lT5ra9J 
 
 > 1 t 1 1 « * 1 1 « ( 1 » 1 t 1 
 1 ■ 1 1 1 < 1 ( 1 1 1 1 * 1 * 1 
 
 
 •9IT?K 
 
 ■ t 1 « ( 
 
 
 Total for the 
 year. 
 
 •9XT;ra9j 
 
 l««ll*lllll*l**l 
 
 
 •9p!H 
 
 I t ■ i t 1 i • 1 ( 1 1 * ( 1 1 
 
 • **l«lllllllltlt 
 
 
 i 
 
 Eh 
 
 •9Xt!ni9J 
 
 
 
 •91BK 
 
 :::::;:::;::;:;: 
 
 
 g 
 H 
 
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 9|B[U9J 
 
 
 
 •9it;iv 
 
 
 
 
 W 
 H 
 O 
 
 « 
 
 H 
 CO 
 
 9 
 n 
 P 
 
 
 * > 1 1 
 
 r-H CQCC T 
 o . , , 
 
 +3 
 « 
 
 CO 
 
 a 
 
 High School 
 
 German and English School 
 Colored School 
 
 Total
 
 154 
 
 TOWNSHIP CLEKK'S ABSTKACT OP 
 
 
 Wages of teachers 
 
 per month (4 
 
 week?). 
 
 Was the teacher boarded by 
 the district ? ( Yes or No.) 
 
 Value of school-house 
 and grounds. 
 
 o6 
 
 P. 
 
 No. of different persons em- 
 ployed as teachers. 
 (Direction 7.) 
 
 
 Sub-Districts. 
 
 Alphabet. 
 
 Eeading. 
 
 ( 
 
 a 
 
 <s 
 
 H 
 
 4^ 
 OS 
 
 a 
 © 
 
 Twice 
 reported. 
 
 a 
 
 u 
 
 0) 
 
 H 
 to 
 
 ^-1 
 
 
 Twice 
 reported. 
 
 
 
 S 
 
 Snb-Distrirt No 1 
 
 
 
 s 
 
 $ 
 
 
 
 
 
 
 
 
 " " 2 
 
 
 
 
 
 
 
 
 
 
 
 
 
 " " 3 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 " « 4 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ' 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 TTicTi RP.Tiool 
 
 
 
 
 
 
 
 
 
 
 
 
 
 German aud English School 
 dnlorftfi School . 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Total 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 DIRECTIONS TO TOWNSHIP CLERKS. 
 
 The first step in preparing the annual " Report of the Board of Education to the 
 County Auditor," is to make a complete abstract of the teachers' reports of the several 
 Bub-district schools. To aid Township Clerks in making such an abstract, the above 
 blank has been prepared, with separate columns for each term or quarter, aud also for 
 the year. The reports of the school in sub-district No. 1 should be copied on the first 
 line; sub-district No. 2 on the second line, etc. In case there are two terms of school 
 during the year, the report of the first term (fall or winter) should be copied in the 
 several columns headed " First Term," and the report of the second term in the column 
 headed " Second Term." The returns for the two terms will give the " Total for the Year."
 
 165 
 
 SUB-DISTRICT TEACHEE3' REPORTS— Concluded. 
 
 NUMBER OP PUPILS IN EACH BR^VNCH OF STUDY. 
 (AdJitionul columns may be ruled for other branches, if needed.) 
 
 Spelling. 
 
 Writing. 
 
 Mental 
 Arithmetic. 
 
 Written 
 Arithmetic. 
 
 Geography. 
 
 English 
 Grammar. 
 
 00 
 
 a 
 « 
 
 H 
 
 Twice 
 reported. 
 
 
 a 
 
 a; 
 H 
 
 Twice 
 reported. 
 
 i 
 
 ED 
 
 
 Twice 
 reported. 
 
 i 
 
 rH 
 
 
 Twice 
 reported. 
 
 a 
 
 © 
 
 IS 
 
 1-H 
 
 g 
 
 © 
 H 
 
 13 
 
 Twice 
 reported. 
 
 3 
 © 
 
 CO 
 
 I— 1 
 
 a 
 
 © 
 
 H 
 
 Twice 
 reported. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 "•"*• 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 In case only one term of school was tanght during the year, the teacher's report may be 
 copied in the columns headed " Total for the Yeary 
 
 The columns headed " True Enrollment " need not be filled unless the clerk wishes to 
 find the number of different pupils enrolled in each school. The true enrollment of all 
 the schools in the township may be found by substracting the number of pupils " twice 
 enrolled" from the sum of the enrollments for the two terms ("total for the year"). 
 The number of pupils " twice enrolled " is the number reported in the teachers' re- 
 ports for the second term of the year as " enrolled the previous terin." The number of pu- 
 pils twice enrolled should be accurately reported, as each pupil enrolled in the township 
 must be counted but once.
 
 156 
 
 XLII. EEPORT OF THE BOARD OF EDUCATIOI!^ 
 
 Of ToxvnsMp, County, Ohio. 
 
 TO THE COUNTY AUDITOK, FOB THE SCHOOL YEAR ENDING AUG. 31, 186-, 
 
 (To Tae forwarded to the County Auditor on or before the first day of October.) 
 
 RECEIPTS. 
 
 Amount of scliool moneys received during the year from the following 
 sources, viz ; 
 
 Balance on hand September 1, 186- $ 
 
 State Tax 
 
 Irreducible School Funds (See Direction 1) 
 
 Township Tax for School and School-house Purposes 
 
 Fines, Licenses, Tuition of non-resident Pupils, and other Mis- 
 cellaneous Sources 
 
 Amount received from "adjoining townships" for support of 
 Joint Sub-district School (See Direction 1) — 
 
 Names of adjoining Tps. State Funds. Tp. Tax. Total. 
 
 ' ij) qp . ^ — 
 
 , Total receipts $ 
 
 EXPENDITURES. 
 
 Whole amount paid Teachers during the year — 
 
 Oom'n, $ ; High,$ ; Germ'n,$ ; Col'rd,$ ; Total,! 
 
 For Sites, BuikUugs and Repairs 
 
 For Fuel, and other Contingent Expenses 
 
 Amount paid to other townships for support of Joint Sub-dis- 
 trict Schools 
 
 Names of adjoining Tps. State Funds. Tp. Tax. Total. 
 
 Total Expenditures I- 
 
 Balance on hand September 1, 186- %- 
 
 {Continued on next page.)
 
 157 
 
 
 (») -8 
 
 
 
 
 
 
 7. No. of weeks 
 
 schools were 
 in session during 
 
 the year. 
 (See Direction 7.) 
 
 •sq^pgjp 
 -unH 
 
 
 
 
 
 
 •9519 a A\. 
 
 
 
 
 
 
 (■g aOI509.TtQ 99g) 
 
 9.i9qoB9j papiBoq 
 (j^qjgjouisip-qns joo]ij -g 
 
 
 
 
 
 
 5. Average wages 
 
 of teachers per 
 
 mouth of 4 weeks. 
 
 (See Direction 6.; 
 
 •9[Bni9J 
 
 1 
 
 
 
 
 
 •9IBIV 
 
 
 
 
 
 
 4. No. of different 
 teachers em- 
 ployed. 
 (See Direction 5.) 
 
 •aiBoiaj 
 
 
 
 
 
 : j 
 
 •91UH 
 
 
 
 
 
 
 3. Average daily 
 
 attendance. 
 (See Direction 4.) 
 
 •F*oX 
 
 
 
 
 
 
 •9X'Bin9j[ 
 
 
 
 
 
 
 •9i^H : 
 
 
 
 
 
 2. No. of different 
 
 pupils enrolled. 
 
 (See Direction 3.) 
 
 •JBIJOX 
 
 
 
 
 
 
 •9IBin9J 
 
 
 
 
 
 
 •9IBH 
 
 
 
 
 
 
 (g uot^99.ii(I 99g) -diqs 
 -UAvoij. ui e^ooqog jo -o^ 'x 
 
 
 
 
 
 
 ■i 
 
 a 
 
 
 a 
 o 
 
 a 
 
 a 
 
 o 
 
 s 
 
 t-l 
 O 
 
 a 
 
 d 
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 O 
 
 
 
 3 
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 i 
 
 o 
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 O 
 
 1— « 
 
 c 
 
 o 
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 CO 
 
 if 
 
 
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 be-' 
 
 .5 6 
 
 2^ 
 
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 CO I 
 
 rO 6 
 
 a:> O 
 
 O I 
 
 ^ L 
 
 a 
 
 a 
 
 00 

 
 158 
 
 SUB-DISTRICTS, SCHOOL-HOUSES, APPARATUS, ETC. 
 
 Number of Sub- districts in Township : Single, — ; Joint, — 
 Total 
 
 (Joint Sub-districts to be reported only in township in which school house is located.) 
 
 2. Kumber of Sub-districts that contain a Graded School of 
 
 two or more departments (See Direction 2.) 
 
 3. Number of school days in a week (in a majority of the sub- 
 
 districts) 
 
 4. Number of schoool-houses erected during the year 
 
 5. Cost of the same $ 
 
 6. Whole number of school-houses in township 
 
 7. Total value of school-houses and grounds $ 
 
 8. Condition of school-houses 
 
 9. Value of school apparatus $ 
 
 10. Condition of school apparatus 
 
 11. How were colored youth of school age (if any) in the townshij) pro- 
 vided with school advantages'? 
 
 (Answer will be ''By separate schools," or " By admission to common schools," or "Were not provided." 
 
 12. Amount paid by the Board for their instruction in separate 
 
 school, if not admitted to the common schools $ 
 
 13. Has the Board appointed an acting manager of schools'? 
 
 (Yes or No.) 
 
 SCHOOL LIBRARY. ' 
 
 1. Has the Board complied with the requirements of section 9 of the 
 school law, passed March 18, 1804 '? 
 
 2. Has the Board appointed a township librarian '? 
 
 3. Whole number of library books in township 
 
 4. Condition of library books 
 
 BRANCHES OF STUDY TAUGHT AND NUIVIBER OF PUPILS IN EACH. 
 
 Branches of Study. 
 
 Alphabet 
 
 Reading 
 
 Spelling 
 
 Writing 
 
 Mental Arithmetic . . . 
 Written Arithmetic . . 
 
 Geography 
 
 English Grammar... 
 
 Composition 
 
 Drawing 
 
 Vocal Music 
 
 Map Drawing 
 
 Oral Lessons 
 
 U. S. History 
 
 Algebra 
 
 Physiology 
 
 Physical (Geography. 
 Natural Philosophy.. 
 German 
 
 No. of Pupils.* 
 
 Name of Author of Text Book. 
 
 {Continued on next^age.)
 
 159 
 
 PRIVATE SCHOOLS. 
 
 (These items are not required to be reported by law, but clerks will greatly oblige the 
 Commissioner by reporting them as fully as possible.) 
 
 1. l^umber of private or select schools in townsliip 
 
 2. Number of teachers employed therein 
 
 3. Number of weeks these schools were in session during the year. 
 
 4. Number of pupils enrolled : Male, — ; Female, — ; Total 
 
 6. Branches of study taught 
 
 I certify the foregoing to he correct. 
 
 By order of the Board of Education : 
 
 , ClerTi 
 
 Ohio, , 186-. 
 
 EXPLANATIONS AND DIEECTIONS. 
 
 The accompanying blank must be filled out and forwarded to the County Auditor on 
 or "before the first day of October. In case the Clerk of the Board fails to discharge 
 this duty, Auditors are instructed to enforce the penalty provided in section 5 of the 
 school law, passed March 18, 1864. By section 07 a failure to make the report will for- 
 feit township's share of school funds. Clerks are instructed to fill the blanks in ac- 
 cordance with the following directions : 
 
 1. RECEIPTS AISTD EXPENDITURES. 
 
 By " Irreducible School Funds " is meant all funds receiA^ed from the State as interest 
 on the Virginia Milit.iry, United States Military, or Western Reserve School Funds, and 
 the rent of or the interest on the proceeds of the sale of "Section Sixteen." 
 
 All money paid by non-resident pupils for tuition in any school in the township must 
 be reported under the head of Receipts. 
 
 All school moneys paid by the adjacent townships for the support of a joint sub-dis- 
 trict school must be reported by the respective boards of such townships, as a separate 
 item, under the head of Expenditures, and the moneys thus received from the adjacent 
 townships by the board having charge of such joint school, must be rcpoi'ted by said 
 board as a separate item, under the head of lieceipts* 
 
 All claims upon the school fund for expenses incurred during the school year, should 
 be settled and orders drawn upon the treasurer for their \)i\,yi\wut previous to Aufjust 31 ; 
 and all such orders, whether paid or not by the treasurer previous to August Sl, must 
 be reported by the clerk in the expenses for the school year. All school terms must 
 close previous to August 31. In case a Fall term of any seliool is held, commencing be- 
 fore the first of September, the entire term must be reported in the next school year. 
 
 2. NUMBER OF SCHOOLS. 
 
 There will usually be as many common schools in a township as there are sub-dia- 
 tricts or school houses. When a sub-district school is sutfudently large to employ two 
 or more teachers, and is organized on the graded plan, it sliould he reported a,^ but one 
 school. Such a school is a sub-district graded school. A joint sub-district school should 
 be reported onhi by the clerk of the townsliip in which the school-house is located. 
 The entire joint sub-district, so far as reports are concerned, must be regarded as within 
 such township.* 
 
 •Note. — All funds for the support of a joint sub-district school are required by law to be paid over Xa the board of 
 education having charge of such joint school, and the expenses, ("irnllnient, etc., of such joint school are all (enume- 
 ration excepted) to be included in the school returns of the townauip in which the school house is situated. See sec- 
 tion 1 of au act passed March 28, 1865.
 
 160 
 
 Every sub-district school is made by law a conunon school, and should, in no instance, 
 be reported as a " German and English School." A " German and English School "is 
 one regularly organized in addition to the sub-district schools. Like a colored school, it 
 is organized for a class of pupils and is »ot, therefore, a common sub-district school. 
 When a portion of the pupils in a sub-district school are taught to read German as well 
 as English, the German should simply be reported as a branch of study. 
 
 Every school organized specially for colored youth must be reported as a colored 
 school, whether taught for a longer or shorter period of time. 
 
 3. NUMBER OF DIFFEEENT PUPILS ENROLLED. 
 
 This item is often reported incorrectly, owing to the fact that many pupils are en- 
 rolled twice each year — once each term. Having found tlie whole number of pupils, 
 mule and female, enrolled in all the schools of the township each term, the true enroll- 
 ineut for the year may readily be found by suhtracting the number of pupils enrolled twice 
 (lioth terms) /roni the sum of the enrollments for the two terms. Suppose, for example, the 
 township enrollment for the first terra was 190 boys and 165 girls ; for the second term 
 l.^'iO boys and 170 girls; and that 50 boys and 60 girls were enrolled twice, or both terms. 
 The number of different boys enrolled during the year would be 190 plus 150 — 50=290 
 boys. The number of diiferent girls enrolled, 165 plus 170 — 60=^275 girls. 
 
 Another method is to find the " true enrollment " of each sub-district for the year, by 
 subtracting the number of pupils enrolled twice from the aggregate enrollment for the 
 two terms, and then adding these several true enrollments of sub-districts together. 
 
 The first method is much the shorter, but it will be a good plan to use both. 
 
 4. AVERAGE DAILY ATTENDANCE. 
 
 When the two terms are of equal length, the average daily attendance may be readily 
 found hy adding together the term averages and dividing by 2 — the number of terms. Sup- 
 pose, for example, the average daily attendance of a school for the first term of 12 
 weeks was 20 boys and 18 girls, and for the second term of 12 weeks, 16 boys and 21 
 girls. The average attendance of the boys for the year is found thus: 20 i)lus 16=86. 
 36 divided by 2=18 boys. The average attendance of the girls is found in the same 
 manner. 
 
 When the two terms are not of equal length, the average attendance of each school is 
 found by multiplying the average for each term by the number of weeks in such term, and di- 
 viding the sum of the tun) products by the whole number of weeks in both terms. Suppose, for 
 example, the average attendance for the first term of 18 weeks was 30 boys and 25 girls ; 
 of the second term ctf 12 weeks, 16 bovs and 20 girls. The average attendance of the 
 boys for the year is found thus: 30 times 18=540. 16 times 12=192. 540 plus 192=732. 
 732 divided by 30 ( 18 plus 12)=24.4, boys' average attendance. The average attendance 
 of the girls is found in the same manner. 
 
 The average daily attendance for the township will be the sum of the averages of the 
 severdl schools. 
 
 5. NinviBER OF TEACHERS. 
 
 By the " number of different teachers employed " is meant the number of different per- 
 sons em]doyed in the schools as teachers during the year. This number, owing to changes, 
 will usually be greater than the number of teachers employed during any given month 
 or term. 
 
 If all teachers were employed for the entire school year, and no changes occurred 
 during the year, how many teachers would be needed? The answer is the " number of 
 teachers necessary to su^jply the schools," which will generally be the same as the num- 
 ber of schools. 
 
 6. AVERAGE WAGES OF TEACHERS. 
 
 Add together the monthly salaries of the several male teachers employed, and divide 
 the sum by the whole number of male teachers. The quotient will be the average 
 monthly wages of male teachers. In like manner the average monthly wages of female 
 teachers may be found. In giving the "number of sub-districts that boarded teachers," 
 report only those in which the teacher " boarded around," or which otherwise paid for 
 the teacher's board in addition to his wages.
 
 161 
 
 7. AVERAGE NUMBER OF WEEKS THE SCHOOLS WERE IN SESSION. 
 
 HaTing fonnd the number of weeks each school was in session during the year, divid* 
 tiie'fium of the same by the whole number of schools in the township. If there is a re- 
 mainder, annex two cyphers, and continue the division to hundredths. Write the num- 
 ber of weeks under " weeks," and the fractional part under " hundredths." In report- 
 ing the number of weeks each sub-district school was taught, he sure and include both 
 
 TERMS. 
 
 If it is the custom in a majority of the sub-districts to close the schools on every 
 Saturday, _^ye days should be reported as a school week; if the schools in a majority of 
 the aub-districts are closed only on every other Saturday, five and one-half days. 
 
 8. NUMBER OF PUPILS IN EACH BRANCH OF STUDY. 
 
 Add together the number of pupils reported each term, and from the sum subtraot 
 the number of pupils that pursued the study ioth the first and second terms of th« 
 year. If 25 pupils were in geography the first term, 18 the second, and 10 of them pui^ 
 Bued the study both terms, the number of different pupils in geography was 25 pins 
 Itj — 10=33. The names of all text-books regularly used in the schools must be reported. 
 
 9. PRIVATE SCHOOLS. 
 
 It is not expected that clerks will be able to report accurate statistics of these 
 schools. Please give as full information as possible. When the number of pupils en- 
 rolled, etc., is not known, make an estimate— a good " guess." Colleges, seminaries, 
 and large academies are not to be reported by clerka. 
 
 11
 
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 164 
 
 DIEECTIONS TO CLERKS A^B TREASUEEES. 
 
 1. The accouut of the "School-house and coutingent fund" Bhould be kept in the 
 Si-st two columns on the right-hand side of each i)age ; and the account of the " Tuition 
 fund " in the next two columns. 
 
 2. For each order drawn or paid, make two entriea— one in the general township 
 account of school funds, and the other in the accouut of the proper sub-district. 
 
 3. In case the township Board of Education do not apportion the school-house and 
 contingent fund among the several sub-districts, but keep it as a general fund, the sub- 
 district accouut may be made to balance by entering in the proper columns in the ac- 
 oount of " Ai)portionment " (left-hand page) the amount expended for school-house and 
 «K)ntingent purposes as shown in the accouut of " Expenditures" (right-hand page.) 
 
 4. All school moneys received from adjacent townships for the support of a joint sub- 
 district scliool should be entered in the general account under the head of Receipts, 
 and in the proper joint sub-district accouut under the head of Apportionment. All 
 moneys paid to adjacent townships for the support of a joint sub-district school should 
 be entered in the general account under the head of Expenditures. 
 
 5. All money paid by non-resident pupils for tuition in any school of the township, 
 must be paid to the Treasurer and entered in the general accouut under the head of 
 lieceipts, and also in the account of the proper sab-district under the head of Apportion- 
 ment. 
 
 6. The Treasurer's general account should be balanced at the time of the annual 
 settlement with the Auditor in February, and also at the close of the school year. The 
 Treasurer's sub-district accoxiut and both the general and sub-district accounts of the 
 clerk need be balanced only at the close of the school year. The sub-district account, 
 if properly balanced and separated, may be kept for two years on the same page. 
 
 7. The Board of Education are required by law " to make settlement with the Town- 
 ship Treasurer at their regular session in April annually." At this settlement the Clerk's 
 and Treasurer's books should be carefully compared. 
 
 B. At the expiration of their terms of official service, the Township Clerk and Treas- 
 urer are required by law to deliver to their successors in office this book and all other 
 official books and papers relating to schools, in their hands.
 
 165 
 
 XLV. EEPORT OF THE TREASUREE OF ;.^r_ TOWN- 
 SHIP, COUNTY, OHIO. 
 
 To the County Auditor, for the year ending Augmt 31, 186 — . 
 (To be made to the Auditor on or before the 20th day of September.) 
 
 RECEIPTS. 
 
 Araonnt of School Moneys received duriug the year from the following 
 sources, viz : 
 
 Balance' on hand September 1, 1 86 — $ 
 
 State Tax 
 
 Irreducible School Funds 
 
 Township Tax for School and School-house Purposes 
 
 Fines, Licenses, Tuition of non-resident Pupils, and other Mis- 
 cellaneous Sources 
 
 Amount received from adjoining townships for support of 
 
 Joint Sub-district School — State Funds, $ ; Township 
 
 Tax, $ : Total 
 
 Total Receipts $ 
 
 EXPENDITURES. 
 
 Whole amount paid teachers during the year — 
 
 Common,! ; High,$ ; German, $ ; Colored,! : 
 
 Total $ 
 
 For Sites, Buildings and Repairs 
 
 For Fuel, and other Contingent Expenses 
 
 Amount paid to other townships for support of Joint Sub-dis- 
 trict School— State Funds, $ ; Tp. Tax, $ : Total . . 
 
 Total Expenditures $ 
 
 Balance on hand September 1, 186 — $ 
 
 Amount of outstanding orders unpaid September 1, 186 — $ 
 
 I certify the foregoing to be, in all respects, correct 
 
 , Treasurer. 
 
 , Ohio, , 186—. 
 
 EXPLANATIONS AND DIRECTIONS. 
 
 1. The above report should cover only the moneys actually received and disbursed by 
 the Treasurer during the school year ending August 31. In case the school funds arising 
 from the second ^emi-annual distribution of taxes are not received on or before August 
 31, such funds must be reported by the Treasurer among the receipts of the following 
 year. In case there were outstanding order.s unpaid on the 1st of September, the amount 
 of such orders should be added to the report in order that it may show the entire ex- 
 penses of the schools during the year, and thus correspond with the returns of the board 
 of education. All claims upon the school fund fot expenses incurred during the year 
 Bhould be settled and paid, if possible, previous to August 31. 
 
 2. By "Irreducible School Funds" is meant all funds received from the State as inter- 
 est on the Virginia Military, United States Military, or Western Reserve School Fuuda, 
 the rent of or the interest on the proceeds of the sale of " Section Sixteen."
 
 166 
 
 3 All money paid by non-resident pupils for tuition in any school in the township 
 must be paid into the township treasury to be disbursed on the clerk's order, and re- 
 ported under the head of Receipts. . 1 T + -^ 
 
 4 All moneys raid by the adjacent townships for the support of a joint sub-distric* 
 school must be reported by the treasurer of such adjacent townships, as a separate item, 
 under the head of Expenditures; and the moneys thus received trom the adjacent town- 
 ships by the treasurer of the township whose b(uxrd has charge of such joint school, must 
 be reported, as a separate itemf under the head of lieceipis. 
 
 CHAPTEE v. — FORMS FOR SCHOOL EXAMINEES, 
 
 AUDITORS, ETC. 
 
 XLYL APPOmTMENT OF SCHOOL EXAMINEES. 
 
 Office of Judge of Probate, 
 
 , County, O., , 186 — . 
 
 Being satisfied that is a competent and suitable person to act 
 
 as a member of the board of school examiners for this county, under the 
 'act to provide for the reorganization, supervision and maiiitennnce of 
 common schools," passed March 14, 1853, 1 do hereby appoint him to said 
 office for the term of two years from date, and until his successor shall be 
 appointed. 
 
 , Judge of Probate. 
 
 XLVn. REVOCATION OF SCHOOL EXAMINEE'S APPOINT- 
 MENT. 
 
 Office of Judge of Probate, 
 County, O., , 18G — . 
 
 Whereas, on the day of , 180 — , was appointed to 
 
 the office of school examiner of county, for the term of two years 
 
 from the date of such appointment ; and, whereas, evidence has been filed 
 with me, judge of probate of said county, and I have become satisfied 
 
 that said is an unfit person to be retained as a member of the 
 
 board of school examiners of said county, in consequence of (here state tlie 
 muse of action) : 
 
 Therefore, the said appointment of said , as school examiner 
 
 of said county, is hereby revoked. 
 
 , Judge of Probate. 
 
 XLVKL NOTICE OF MEETINGS FOE THE EXAMINATION OF 
 
 TEACHERS. 
 
 Notice is hereby given that there will be a meeting of the board of 
 
 school examiners of county, for the examination of teachers, at , 
 
 on the last of each month of the year ; and that a meeting will also 
 
 be held on the second of April, May, October and November. Each 
 
 applicant for a certificate should be present as early as o'clock A. M. 
 
 By order of the Board, 
 
 186—. , Clerk.
 
 167 
 XLIX. TEACHER'S CERTIEICATE. 
 
 Tfo. . Class. 
 
 The undersigned, School Examiners of County, Ohio, having 
 
 examined , do hereby certify, that — possesses an adequate 
 
 knowledge of the Theory and Practice of Teaching, and is qualified to 
 teach Orthography, Reading, Writing, Arithmetic, Geography, and En- 
 glish Grammar ; and that — has furnished satisfactory evidence 
 
 of good moral character. 
 
 This Certificate to be valid for the term of months from date. 
 
 Given at , and dated this day of , A. D. 186 — . 
 
 RESULT OF EXAMINATION. 
 
 Orthography 
 
 Reading 
 
 Writing 
 
 Arithmetic 
 
 Geography 
 
 English Grammar 
 
 Theory and Practice 
 
 School Examiners. 
 
 Eules and Explanations. 
 
 1. The character of the applicant's examination is represented on a scale 
 of one to ten — one denoting the lowest qualification and ten the highest. 
 
 2. Four classes of certificates are granted, as follows : First Class, valid 
 54 months ; Second Class, valid 18 months; Third Class, valid 12 months; 
 Fourth Class, valid 6 months. 
 
 3. A satisfactory examination in the theory and practice of teaching, 
 and a high degree of success in teaching, will also be considered in de- 
 termining the class of certificate to be granted. Ko certificate is granted 
 unless the applicant passes an examination in each branch of study required 
 hy law. 
 
 L. REVOCATION OF TEACHER'S CERTIFICATE. 
 
 To the Local Directors of 8uh-District Xo. — , Township ^ County ^ 
 
 Ohio : 
 
 Whereas, the board of examiners of said county, on the — day of , 
 
 186 — , granted a certificate to , authorizing him to teach orthog- 
 raphy, &c., for the term of mouths, and he is now engaged as a 
 
 teacher in said sub-district : 
 
 And, whereas, it has been represented, and said board has become sat- 
 isfied, that is an unfit person to be retained as such teacher, in 
 
 consequence of (here state the offense): 
 
 Therefore, you are hereby required to discharge and dismiss said 
 
 from his said employment. His said certificate is revoked. 
 
 By order of the Board, 
 
 186—. , Clerk. 
 
 Note. — A teacher's certificate may also be revoked when he is not engaged a« a 
 teacher. When this is the case, the first line of the above form should be omitted, and 
 the last paragraph changed to read as follows : " Therefore, his said certificate ia herebf 
 revoked."
 
 168 
 
 LI. QUAETEELY EEPOET TO COUNTY TEEASTJEEE. 
 
 EEPOET OP THE BOARD OF SCHOOL EXAMINERS OF COUNTY, OHK), 
 
 TO THE COUNTY TREASURER. 
 
 For the quarter ending , 186 — : 
 
 ^Number of meetings held during the quarter 
 
 Whole number of applicants examined — Male, ; Female, : 
 
 Total 
 
 Amount received of applicants on examination fees $ 
 
 I certify the foregoing statement to be correct. 
 
 —^^-^ ^ 
 
 Clerk of Board of Examiners. 
 , Ohio, , 186—. 
 
 Note. — The first quarter ends the last day of November ; the second, the last day of 
 February ; the third, the last day of May ; and the fourth, the last day of August. Th« 
 orders drawn by the Auditor to pay for revenue stamps and the necessary traveling eyb- 
 penses of the Board of Examiners cannot, in any "one quarter, exceed ove-ihird of the 
 amount collected and paid over by said Board as examination fees" during said quarter. 
 — Act passed March 28, 1865, Sec. 3.
 
 169 
 
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 170 
 
 LIII. REPORT OF THE BOARD OF SCHOOL EXAMINERS 
 
 Of County, Ohio, to the State School Commissioner, for the School year ending Ji 
 
 August 31st, 186-. | 
 
 (To be forwarded to the Commissioner on or before the first day of October.) 
 
 1. Number of meetings held for the examination of teachers 
 
 during- the year 
 
 2. Number of localities in vvhich meetings were held during the 
 
 year ' 
 
 Number of aj^plicants for certificates^ number of certificates granted, and 
 
 number of applications rejected. 
 
 3. Whole 
 number of 
 
 4. NUMBER OF CERTIFICATES GRANTED. 
 
 5. 
 
 
 
 aipplications 
 
 Certificates.* 
 
 For 
 
 24 Mo's. 
 
 For 
 
 18 Mo's. 
 
 For 
 12 Mo's. 
 
 For 
 6 Mo's. 
 
 Total. 
 
 Grand total. 
 
 (Male and 
 Female.) 
 
 applicatioim 
 rejected. 
 
 « 
 -a 
 % 
 
 6 
 
 1— t 
 
 a 
 
 • 
 
 o 
 H 
 
 6 
 
 r— t 
 
 s 
 
 a 
 
 6 
 1 
 
 6 
 
 a 
 
 o 
 
 <a 
 
 1 — 1 
 ■:i 
 
 IS 
 
 6 
 
 a 
 
 4J 
 
 6 
 a 
 1 
 
 
 f— 1 
 
 g 
 
 6 
 
 f— H 
 
 a 
 
 o 
 H 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 6. Number of different applicants for certificates.* 
 
 7. Number of different applicants to whom no certificates were 
 
 granted 
 
 8. Number of applicants natives of this State 
 
 9. Number of applicants colored (if any) 
 
 10. Number of applicants under 20 years of age 
 
 11. Were oral or written answers required of applicants *? 
 
 12. Were the questions of the Board presented orally, by writing 
 
 them upon a black-board, or by printed slips 1 
 
 13. Amount received from the county by the Examiners as pay 
 
 for tbeir services 
 
 14. Amount of examination fees collected and paid to County 
 
 Treasurer during the year — 1st quarter, $ ; 2d quarter, 
 
 $ ; 3d quarter, $ ; 4th quarter, $ ; total 
 
 15. Amount (if any) received by Examiners to i)ay necessary 
 
 travelingexpenses — 1st quarter, $ ; 2d quarter, $ ; 
 
 3d quarter, $ ; 4th quarter, $ ; total 
 
 16. Cost of revenue stamps used during the year — 1st quarter, 
 
 $ ; 2d quarter, $ ; 3d quarter, $ ; 4th quarter, 
 
 $ ; total 
 
 *The number of applicafioy)s (question 3) will probably be greater than the number of 
 applicants (question 6), since the same person may, in several instances, have applied 
 for a certificate at two or more meetings of the Board. In the answer to question 6, th» 
 number of different persons that have been before the Board during the year, should 
 b» given. Tho.se who were granted a certificate on a second or subsequent trial, shouM 
 not be included iu the answer to questiou 7. '
 
 171 
 
 17. Names of Examiners ; business or profession ; P. O. address ; when 
 
 term of ofQce commenced. 
 
 18. Number of Teachers' Institutes held during the year 
 
 19. Name of President or Secretary of County Teachers' Associ- 
 
 ation • . 
 
 I certify the foregoing to be correct. 
 
 Ohio, 
 
 Vlerk of Hoard. 
 
 186—. 
 
 LIV. AUDITOR'S EEPORT OF TEACHERS' INSTITUTE FU'ND. 
 
 A Staiement showing the amount of Examination Fees collected and paid to the County Treas- 
 urer by the School Examiners of County, Ohio, during the four quarters 
 
 ending August 31, 186- ; also, the amounts paid out of such fund for the several purposes 
 named in the School Law. 
 
 
 RECEIPTS 
 
 
 EXPENDITURES. 
 
 
 
 • 
 
 ination 
 d paid 
 irer. 
 
 1 
 
 > 
 
 tDx, 
 
 .5 3 
 
 '5 .a 
 
 CO 
 
 
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 to O 
 
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 mount paid for 
 ao Stamps. 
 
 or necessary Tr 
 xpensea of Exa 
 
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 a 
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 ws 
 
 SCHOOL YEAR OF 186—. 
 
 
 
 
 
 
 
 let quarter ending , 186 . . 
 
 
 
 
 
 
 
 2d quarter ending , 186 . . 
 
 
 
 
 
 
 
 3d quarter ending , 186 . . 
 
 
 
 
 
 
 
 4th quarter ending , 186 .. 
 
 
 
 
 
 
 
 Total 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 I certify the foregoing to be a correct statement. 
 
 Auditor's Office, 
 
 County, 
 
 Ohio, 
 
 Auditor. 
 18(>-.
 
 172 
 
 LV. TEACHEES' mSTITUTES. 
 
 Constitution of the County Teachers' Association. 
 
 PREAMBLE. 
 
 As a means of improvement in the profession of teaching-, and of pro- 
 motirg- the interests of the schools in our county, we, the uudersigued, 
 associate ourselves together under the following 
 
 CONSTITUTION. 
 
 Art. I. This Association shall be called the County Teachers' 
 
 Association. 
 
 Art. II. The officers of this Association shall be a President, three 
 Vice Presidents, a Secretary, Treasurer, and an Executive Committee of 
 three members, who shall also perform the duties of a Financial Commit- 
 tee. The Secretary shall, ex officio, be one of the members of this Com- 
 mittee, and shall keep a record of its proceedings. 
 
 Ar r. III. It shall be the duty of the President to preside at all meet- 
 ings of the Association. In case of vacancy, or his absence, any one of 
 the Vice Presidents or the Chairman of the Executive Committee may 
 perform his duties. 
 
 Ar'I'. IV. It shall be the duty of the Secretary and Treasurer to per- 
 form the usual duties devolving upon such officers. 
 
 Art. V. The Executive Committee shall carry into effect all orders 
 and resolutions of the Association, and shall devise and put into opera- 
 tion such other measures, not inconsistent with the objects of this Asso- 
 ciation, as it shall deem best. It shall arrange business for all regular 
 meetings of the Association, and shall appoint, under the direction of the 
 Association, at least one such meeting each year. It shall make all neces- 
 sary arrangements for holding and conducting at least one Teachers' In- 
 stitute in the county each year. In case the amount of money under the 
 control of the Association, including the Institute fund in the hands of the 
 County Treasurer, be insufficient to defray the necessary expenses of an 
 Institute, said Committee shall fix and give due notice of an institute 
 tuition fee to be paid by those attending such Institute. All moneys be- 
 longing to this Association are to be paid out only on orders drawn by 
 the Executive Committee. 
 
 Art. VI. The Executive Committee shall hold its meetings as soon 
 after election as possible. Two members shall constitute a quorum for 
 business, and afterwards may meet on their own adjournment or appoint- 
 ment. 
 
 Art. VII. Any Teacher, or active friend of education, may become a 
 member of this Association, by subscribing to this Constitution and con- 
 tributing annually to the funds of the Association. 
 
 Art. VIII. The officers of this Association shall be chosen by ballot, 
 or in such other manner as the Association may direct, at the annual 
 meeting, and shall hold their offices for one year, or until their sujc- 
 cessors are elected. 
 
 Art. IX. This Constitution may be altered or amended by a majority 
 of the members present at any regular meeting, provided notice of such 
 intended alteration or amendment shall have been given at the j^receding 
 meeting.
 
 173 
 
 LVL EEPORT OF COLLEGES, SEiAimARIES Al^D ACADEMIES. 
 
 Report of to the State School Commissioner, 
 
 FOE THE SCHOLASTIC YEAR ENDINa IN 186 — . 
 
 1. Name and Location of Institution. 
 
 2. Kame and Degree of President or Principal. 
 
 3. Year in which the Institution was Established. 
 
 (If incorporated, give the year of incorporation.) 
 
 4. Number of regular Professors or Teachers — 
 
 Male , Female , Total 
 
 5. Whole number of students in attendance during the year 
 
 6. Number of students enrolled each term or quarter of the year — 
 
 1st Term ; 2nd Term ; 3rd Term ; 4th Term 
 
 7. Number of years occupied in completing the several courses 
 
 of study — 
 Classical Course ; Scientific Course ; Course 
 
 8. Number of students pursuing the several courses of study du- 
 
 ring the year — 
 Classical Course ; Scientific Course ; Course 
 
 9. Number of students in preparatory classes, including all irreg- 
 
 ular students 
 
 10. Number of graduates in each course in 1865 — 
 
 Classical Course ; Scientific Course ; Course 
 
 11. Whole number of graduates in classical course since the Insti- 
 
 tution was established 
 
 12. Number of weeks in scholastic year 
 
 13. Cost of tuition i^er year $ 
 
 14. Estimated yearly expenses of student, including board, $ to $ 
 
 15. Number of indigent students granted free tuition during the year 
 
 16. Amount of income from tuition during the year $ 
 
 17. Amount of income from invested funds, rents and donations 
 during the year $ 
 
 18. Am't of endowment funds, not includ'g buildings, grounds, etc. $ 
 
 19. Increase in endowment funds during the year $ 
 
 20. Value of buildings and grounds $ 
 
 21. Value of apparatus, not including libraries •$ 
 
 22. Number of volumes in libraries 
 
 23. Date of next Commencement 
 
 The foregoing is a correct statement. 
 
 Ohio. 
 186-. 
 
 Note. — In a few of the Colleges of the State two, and in some cases three, courses of 
 study are prescribed. The Commissioner wishes to ascertain the number of student* 
 regularly pursuing each of these several courses The name of the third course is to be 
 supplied by the person filling the blank. The term "Scientific" is used to designate a 
 partial or English course. In those institutions that have a six years' course of study, 
 the two lower classes ought to be reported as preparatory. 
 
 The answer to the sixth question is particularly desired. The answers to the sixteenth 
 and seventeenth questions may be omitted if there is any objection to their publication . 
 The seventh, eighth, ninth, tenth, eleventh and twenty-third questions do uot apply to 
 Seminaries and Academies in which no regular coursee of study are prescribed.
 
 INDEX. 
 
 CHAPTER L 
 
 GENERAL SCHOOL ACT. 
 
 PAGB 
 
 ABSTRACT of enumeration to be returned to county auditor 15 
 
 ot scliool statistics to be returned to school comml'^sioner 63 
 
 ACCCOUNT BOOKS, county auditor to furnish clerks and treasurers with 98 
 
 ACTING MANAGER of schools, board may appoint 23 
 
 may perform certain duties 46 
 
 ANNUAL ESTIMATES, to be made by board 37 
 
 may be certified l>y county commissioners in certain cases 38 
 
 APPOINTMENT of loral directors to fill vacancy 9 
 
 of clerk of sub dihtrict 1^ 
 
 of librarian 32 
 
 of examiners 65 
 
 of examiners may be revoked 65 
 
 of examiners to be reported to school commissioner 66 
 
 of state board of examiners 94 
 
 APPORTIONMENT OF SCHOOL FUNDS 60 
 
 ASSIGNMENT OF SCHOLARS, board may make 26 
 
 AUDITOR OF COUNTY, to assess estimates on taxable property 39 
 
 duty as to certificate of treasurer's bond 48 
 
 duty as to setih mtut with township treasurer 49 
 
 ■when to prosecute township treasurer 50 
 
 to apportion funds iu county 60 
 
 to collect fines, etc 61 
 
 to superintend srhool funds 62 
 
 to distribute laws and documents 63 
 
 his return to st;ite cumrniseioner 63 
 
 penalty for failing to report 63 
 
 compensation 64 
 
 liability 64 
 
 to appoint prTson to make report 64 
 
 to report to comrnihsioner when required 75 
 
 to distiibute books and apparatus 78 
 
 to assess for jiidi^meuts against board 81 
 
 AUDITOR OF STATE, to apportion school funds 60 
 
 BOARD OF EDUC ATI' )N. to control and manage districts 6 
 
 no juripdiction in certain cities and villages 6 
 
 in cities and villu<ii s. (See Board of JSdiicalion in Cities and Villages.) 
 
 to prei-cribe rul( s lor local directors 13 
 
 when consent to certain contracts necessary .-^ 14 
 
 responsible for p-t lormance of certain contracts 14 
 
 of whom to coni-i^t 17 
 
 mi'jofity a qui'rutn 17 
 
 town?h p clerk nhall be clerk of 17 
 
 body politic ;ind cor|iorate 17 
 
 investul with title care, &c., of school-houses and property 18 
 
 may sell school prop rty 19 
 
 how conveyance executed 19
 
 175 
 
 BOARD OF EDUCATION.— Cb7i<!>2M«f. paob 
 
 sessions 19 
 
 may employ, pay, etc . teachers in central or high school 20 
 
 control of central or hi^ih schools 20 
 
 when to act as local directors 21 
 
 to prescribe rules, &c., for schools 22 
 
 may establish German schools 22 
 
 may appoint an actiun- manager , 23 
 
 to prepare map < f township ,,., 23 
 
 may alter 8ui)-distric.8 23 
 
 may assign scholars to primary schools 2fl 
 
 to control admission to high schools 26 
 
 may suspend disorderly scholars 27 
 
 may establish school- composed of parts of several townships 28 
 
 to have control of joint sub-district school 29 
 
 duty of board in such cases 29 
 
 may dissolve joint sub district 31 
 
 to make rules relative to liiirary 31 
 
 to determine studies and books 31 
 
 to appoint librarian 32 
 
 required to report 34 
 
 to establish or m idify graded schools 35 
 
 power to establish centi al or high schools 33 
 
 how to proceed in such eases 3fl 
 
 to make annual estimate of expenditures 37 
 
 to provide for six mouth's school la each sub district 44 
 
 division of duties 46 
 
 when responsible for forfeiture of state school funds 46 
 
 to settle with township treasurer 47 
 
 to establish schools lor colored children 50 
 
 to report to stale eommissioner when required 75 
 
 accountable for books and apparatus distributed 79 
 
 judgments against, for debts, to be assessed by county auditor 80 
 
 may hold real estate, &c 84 
 
 of village and townsiiip may unite in establishing central or high school 100 
 
 may condemn school house sites 99 
 
 to receive no comj,\ens*ation tor services 93 
 
 may transfer territory UK) 
 
 BOARD OF EDUCATION IN CITIES AND VILLAGES 64 
 
 may submit question of building to voters 40 
 
 may borrow moiuy and issue bonds when 40 
 
 may levy tax of four mills 40 
 
 powers and duties same as tow ship board 55 
 
 to divide city or village into sub districts 55 
 
 to elect one of their number clerk 67 
 
 further powers of 56, 59 
 
 may estaldish evening schools 60 
 
 to receive nocompeiisation 93 
 
 BOARD OF EXAMINERS. {See Examiners.) 
 
 BOND of librarian 32 
 
 of township treasurer _ 47 
 
 certificate of amount of. to be furnished to county anditor 48 
 
 or city or village tavasurer 58 
 
 of state commissioner 74 
 
 BOOKS, provisions relating to 31 
 
 CElNTRAL SCHOOL. (S -e High School.) 
 
 CERTIFICATE of amount due teacher 11 
 
 that township ireasurer has executed his bond 48, 92 
 
 of auliior to tow. ship treasurer 49 
 
 of city treasure r's bond 58, 92 
 
 teacher's, to b- granted by examiners 67 
 
 teacher's, may b.' revok( d 69 
 
 teacher's, must show what 69 
 
 teacher's, by lncn I hoards 70 
 
 teacher's, must be filed with clerk 71
 
 176 
 
 PAOB 
 
 CHAIRMAN of sub district meeting to sign minutes 7 
 
 of board of education to sign proceedings 17 
 
 of board to preside at meeting relating to high schools 36 
 
 CITIES, when not to be controlled by board of directors 9 
 
 schools in 54, 55, 101 
 
 what are separate school districts 54 
 
 CITY COUNCIL to certify estimates to county auditor 103 
 
 CLERK. (See Secretary of Sub-District Meeting.) 
 
 of sub district to record proceedings of meeting 10 
 
 of eub-diatrict to certify to clerk names of local directors elected 10 
 
 of township. (See Towmhip Clerk.) 
 
 of sub-district, who shall be 10 
 
 his power and duties . 10 
 
 it absent, who to officiate 10 
 
 of board of education. See Towdship Clerk.) 
 
 ot board in city or village, his duties, &c 57 
 
 of city or village to furnish auditor certificate of treasurer's bond 68 
 
 of board of examiners 71 
 
 COLORED YOUTH, enumeration of, when and how taken 14 
 
 schools for 50 
 
 separate schools for, when more than 20 enumerated 61 
 
 schools for, under control of township board 61 
 
 joint districts may be formed for 62 
 
 when school funds to be set apart for 53 
 
 COUNTY COMMISSIONERS, when to certify estimates for board 38 
 
 COMMISSIONER. (See Slate Commissioner.) 
 
 COMPENSATION of county auditors for making retnrna 64 
 
 of clerks and treasurers 93 
 
 board of education to receive none 93 
 
 penalty in case board violate act relative to 93 
 
 fines under this act to be paid into township treasury 94 
 
 CONTRACTS, how made 13 
 
 CONVEYANCE of school property, real estate, how to be made 19 
 
 DEBTS of district, to be provided for 88 
 
 DIRECTORS. (See Local Directors.) 
 
 DISBURSEMENT of school funds 41 
 
 DISMISSAL of teacher 12 
 
 in case of, teacher can sue sub-district for what may be due 99 
 
 DISORDERLY SCHOLARS may be suspended 27 
 
 DISTRICTS, how composed 6 
 
 ELECTION of local directors « 
 
 of local directors, when special meeting shall be held for 9 
 
 of state commissioner '3 
 
 ENUMERATION of youth, when and how taken H 
 
 abstract to be returned to auditor 15 
 
 of youth residing in different surveys, how noted 15 
 
 of male minors who enlisted 15 
 
 how to be taken in joint sub-district 28 
 
 ESTIMATES, annual certificate of 39 
 
 EVENING SCHOOLS, provision relating to 00 
 
 EXAMINERS, their appointment 65 
 
 term of office W 
 
 powers and duties 67 
 
 notice of meetings of 67 
 
 certificate to teachers 67 
 
 traveling expenses of 68 
 
 may revoke certificate 69 
 
 clerk of 71 
 
 rales, &c., of 71
 
 177 
 
 PAGE 
 
 EXECUTION, what property exempt from 65 
 
 FEES of examiners 72 
 
 of applicants for certificate C7 
 
 FINE for violating act allowing board no compensation 93 
 
 FUEL, contracts relating to 13 
 
 FUNDS. (See School Funds.) 
 
 GERMA.N SCHOOLS, board may establish 22 
 
 GRADED SCHOOLS, board may establish or modify 35 
 
 HIGH SCHOOL, power of board over 20 
 
 board to control admission to 26 
 
 board may establish 35 
 
 how established 36 
 
 village and township boards may nnite in establishing 100 
 
 in such cases, how established and controlled 100 
 
 INTEREST on section sixteen, how to be paid and apportioned 62 
 
 JOINT SUB-DISTRICTS, when and how formed 28 
 
 transfer of territory for 28 
 
 election of directors in 28 
 
 ennmeration of youth in 28 
 
 under whose control school in 29 
 
 school in, how supported 29 
 
 transfer of fund for 30 
 
 how may be dissolved ; 30 
 
 JUDGMENT against school board, how to be paid 81 
 
 LAWS, school, state commissioner to publish and distribute 75 
 
 LIBRARIAN, school, how appointed 79 
 
 LIBRARY, school. (See School Libraries.) 
 
 LOCAL DIRECTORS, sub-districts confided to their management 6 
 
 no jurisdiction over certain cities and villages 6 
 
 when, where and how elected 6 
 
 qalifications of electors of 6 
 
 term of office how determined at first election 7 
 
 tie vote at election 7 
 
 term of office 7 
 
 may designate hour of annual election 8 
 
 in such case to give notice 8 
 
 official oalh 8 
 
 authorized to administer oath to each other 8 
 
 vacancy in, how filled 9 
 
 elected at special meeting, terms of 9 
 
 where, when and how to meet and organize 10 
 
 may meet when necessary 10 
 
 to take charge of interests of sub-district , 11 
 
 to employ teachers 11 
 
 to certify amounts due teachers 11 
 
 may dismiss teacher • 12 
 
 to visit schools 12 
 
 to malie contracts concerning school property, &c., under certain restrictions 13 
 
 to take enumeration 14 
 
 may be sued for failure to take enumeration 15 
 
 election of, in joint sub-district ; 28 
 
 shall take enumeration in joint eub-district, how 28 
 
 when board ot education to act as local directors 21 
 
 duties as to libraries 78 
 
 MAP OF TOWNSHIP, board of education to prepare 23 
 
 MEETING of local directors 10 
 
 of local directors, clerk to preside at 10 
 
 for election of directors, when special one may be called 9 
 
 of voters on question of greater tax for school house purposes 38, 40 
 
 of board of school examiners 67 
 
 12
 
 178 
 
 PAGE 
 
 MINUTFIS of sub-district meeting '. 7, 10 
 
 of t^ub-district meeting to be delivered to directors 7 
 
 of board of education 17 
 
 NOTICE of specific hour of holding election for directors 8 
 
 of special meeting to elect directors 9 
 
 of meeting relative to high school 36 
 
 of meeting of board of examiners €7 
 
 OATH of directors 8 
 
 of state commissioner 74 
 
 OFFICE of state commissioner shall be at seat of governm»at 74 
 
 OFFICERS, school, process against 81 
 
 duty of prosecuting attorney in such cases 81 
 
 PENALTY for failure of township treasurer to make annual statement 48, 50 
 
 for failure of clerks to make returns of school stati«tiC3 63 
 
 for failure of clerk of school examiners to make report 73 
 
 for boards of education receiving compensation 93 
 
 for malicious injury of school houses 101 
 
 for willful disturbance of schools 101 
 
 PROBATE JUDGE to appoint school examiners 65 
 
 to report appointments to school commissioner 66 
 
 may revoke appointments 66 
 
 PROCESS against school ofiBcers 81 
 
 PROSECUTING ATTORNEY, his duty 81 
 
 QUORUM, local directors, two constitutes 10 
 
 board of education, majority constitutes 17 
 
 RECEIPT of township treasurer 49 
 
 RECORDER of city or village, to certify treasurer's bond to county auditor 58 
 
 to report to commissioner whtn required 75 
 
 REPORT, to auditor, of enumeration 15, 34 
 
 teacher required to make 33 
 
 of board of education 34 
 
 of county auditor 63 
 
 annual, of state commissioner, what it shall contain, etc 76 
 
 of school examiners 72 
 
 o) teachers' institute 95 
 
 RULES AND REGULA.TIONS, board of education to prescribe 22 
 
 of board of examiners 71 
 
 SALARY of state commissioner 76 
 
 SOHOLA RS. assignment of 2fi 
 
 disorderly, may be suspended 27 
 
 SCHOOLS to be visited by local directors 12 
 
 to be established in each subdistrict 24 
 
 to be continued twenty-four weeks 44 
 
 for colored children 50 
 
 iu cities aud villages 64 
 
 evening, provision relating to 60 
 
 governed under other laws may accept this act 81 
 
 in joint sub districts. (See JoiTit Sub-Distrkta.) 
 
 williul disturbance of 101 
 
 SCHOOL AGE, minimum in cities 97 
 
 SCHOOL Dl -iTRICTS, regarded as sub-districts 6 
 
 what citii s aud villages are 54 
 
 SCHOOL EXAMINERS. (See Exarmnen.) 
 
 SCHOOL FUNDS, to be paid oat on order of clerk 41 
 
 proviHionn relating to 41 
 
 app'-rtioiimeiit ot 42, 60 
 
 b< >w c(tll(-cted and applii'd in joint sab^districts 29 
 
 transfer of for joint sob-dietrict school 30
 
 179 
 
 SCHOOL YUliDS.— Continued. page 
 
 ptate commissioner's supervisioQ over 75 
 
 lort'titure of 45, 60, 84 
 
 SCHOOL HOUSE, local directors to contract for 13 
 
 board of education may sell 18 
 
 title vested in whom 18 
 
 penalty tor disfiguring or defacing 101 
 
 SCHOOL LAWS, state commissioner to distribute 75 
 
 adoption of general 81 
 
 spi cial not repealed by general law 83 
 
 how affected 83 
 
 SCHOOL LIBRARIES, act repealing tax for 77 
 
 distribution of books and apparatus 78 
 
 lihrariaa of 79 
 
 who accountable for preservation of 79 
 
 who entitled to use of 79 
 
 SCHOOL MONTH to consist of four weeks 96 
 
 SCHOOL OFFICERS, process against 81 
 
 duty of prosecuting attorney in such cases 81 
 
 SCHOOL ROOMS, contracts for renting 13 
 
 SCHOOL YEAR to end on last day of August 34 
 
 SECRETARY of sub district meeting to prepare and sign minutes 7 
 
 SECTION SIXTEEN, provision relating to 43, 62 
 
 interest thereon 43, 62 
 
 SETTLEMENT of board of education with township treasurer 46 
 
 of counnly auditor with township treasurer 49 
 
 SITES, school house, local directors to contract for 13 
 
 lK)ard of education may sell 18 
 
 exempt, from execution 65 
 
 may be condemned 99 
 
 SPECIAL iMEETING to be called to elect directors 9 
 
 STATE COMMISSIONER, his election 73 
 
 term of ofS*e 73 
 
 vacancy, how filled 73 
 
 bond 74 
 
 oath 74 
 
 office to be at seat of government 74 
 
 duties iu visiting each judical district 74 
 
 duties in purchasing books and apparatus 75 
 
 8:ipervi.sion over school funds 75 
 
 may require reports of certain officers 75 
 
 to prepare forms 75 
 
 to dirttribute school laws 75 
 
 to make annual report 76 
 
 what repoi t shall contaia 76 
 
 his salary 76 
 
 to purchase apparatus and books 77 
 
 to appoint state board of examiners 94 
 
 STATE BOARD OF EXAMINERS how appointed 94 
 
 powers, duties, etc , 94 
 
 fees of applicants 95 
 
 STATE CERT IFICATB-^ to whom to be granted 94 
 
 valid in any county or district 94 
 
 STATIONERY OF EXAMINERS, county auditors to famish 72 
 
 STUDIKS to be determined by board of education 31 
 
 SUB D18 VRICT, what is 6 
 
 meeiing in, to el' ct directors C 
 
 where, when and bow held (
 
 180 
 
 SVB-mSTRIGT.—Coniinved. page 
 
 who may vote at election in <i 
 
 how term of office determined ^ 
 
 when to be determined by lot 7 
 
 minutes to be signed 7 
 
 if meeting not held at time prescribed, to be held afterwards 9 
 
 when to contain not less than sixty scholars 24 
 
 schools to be established in each 24 
 
 joint. (See Joint Sub-Districts.) 
 
 debts in, to be provided for 80 
 
 joint, not to be dissolved without mutual consent 3] 
 
 may be sued by teacher 9!) 
 
 TAXES, provisions relating to 36, 37, 38, 39, 40, 79, 101 
 
 TEACHER, to be employed by local director . 11 
 
 can be dismissed 12 
 
 required to report 33 
 
 not to be paid unless report is made 33 
 
 how paid 41 
 
 certificate of, to be granted by examiners 68 
 
 certificate of, may be revoked 69 
 
 in such case entitled to pay to time of dismipsal 69 
 
 may sue sub-district 99 
 
 TEACHERS' INSTITUTE FUND, how raised 68 
 
 how to be drawn 95, 96 
 
 TEACHERS' INSTITUTE, to be reported to school commissioner 95 
 
 TOWNSHIP, organized, compose one district . . 5 
 
 map of, to be prepared by board of education 23 
 
 transfer of territory for joint sub district 28 
 
 TOWNSHIP BOARD. {See Board of Education.) 
 
 TOWNSHIP CLERK, names of local directors shall be certified to 7 
 
 to fill vacancy in local directors 9 
 
 to draw order on treasury in favor of teacher 12 
 
 to have enumeration taken In a certain event 15 
 
 to transmit to county auditor abstract of enumeration 15 
 
 member of board of education 17 
 
 shall be clerk of said board of education 17 
 
 his duties as such clerk 17 
 
 if absent, one to be appointed 20 
 
 shall act as clerk at meeting relating to high school , , 36 
 
 liability for neglect of duty 46, 63, 98 
 
 when to prosecute treasurer on his bond 47 
 
 to make certificate of such bond 48 
 
 to report to state commissioner when required 75 
 
 compensation of 93 
 
 to deliver records to successor 98 
 
 TO WNSHIP TREASURER, funds to be paid to 39 
 
 board of education to settle with 47 
 
 duties 47 
 
 bond 47, 92 
 
 to be prosecuted by clerk on forfeiture of bond 47 
 
 to furnish county auditor certificate of amount of bond. 48, 92 
 
 his per centage 48 
 
 to settle with auditor , 49 
 
 i,to deliver books, papers, etc., at end of his term 49 
 
 receive one dollar for making annual settlement 49 
 
 penalty against 48 
 
 to report to state commissioner when required 75 
 
 TBEASURER OF CITY OR VILLAGE to receive and disburse school funds 85 
 
 bond 58, 92 
 
 to report to state commissioner when required 75 
 
 annual settlement of 92 
 
 furnish county auditor with certificate of bond . 92 
 
 compensation of dS 
 
 i
 
 181 
 
 PAGE 
 
 TREASURER OF COUNTY, his per centage on collections iJ9 
 
 to report to state commissioaer when required 75 
 
 VACANCY in local directors, how filled 9 
 
 in office of clerk, how filled 10 
 
 in office of state commissioner, how filled 73 
 
 VILLAGE when not to be controlled by township board 6 
 
 schools in ^4- 
 
 VOUCHERS of township treasurer, to be examined by auditor '19 
 
 Y'OUT [i, enumeration of, how and when taken H 
 
 CHAPTER IL — rEACUERs' Institutes. — County commissioners may appropriate annual pro- 
 ceeds of surplus revenue, 103 — may appropriate SlOO upon certain conditions, 103 — how 
 to be paid over, 104 — not to be paid over till teachers raise half the amount askfd for, 
 104 — money to be paid to lecturers and for library, 104 — who shall have a right to 
 attend the meetings, 104 — county boards of examiners to report to secretary of state, 
 104— union teachers' institute, 105. 
 
 CHAPTER III. — Union School Law for Cities and Towns, 106 — what towns may be single 
 school districts, lOB — extended to townships and school districts, 106 — title to real estate 
 vested iu board of education, 106 — board to have power to exclude children under six 
 years of age, 106 — qualified voters to vote for or against the adoption of this act, 107 — 
 manner of casting such vote. 107 — directors, how to be chosen, 107 — transfers of territory 
 to be valid, 107 — power of board to transfer territory, 107 — directors, how to orgauize, 
 108— their powers and duties, lOS^meetings of the board, lOS^money, how to be paid 
 out, 108 — school houses, how built, 108 —board to establish primary schools, 109 — high 
 schools, 109 — br inches to be taught, 109 — what scholars to be admitted, 109 — general 
 powers of board, 109 — how long schools to be kept in session each year. 110 — school 
 tax, how levied and collected, 110— not to exceed four mills on the dollar. 110— rate 
 bills, 110— board to appoint school examiners. 111— duty of examiners. 111 — acts re- 
 pealed, 111 — treasurer may collect charges for tuition. 111. 
 
 CHAPTER IV.— Akron School Law, 112— act extended, 112 -election of directors, 112— how 
 number of voters to be ascertained, 112 — repealing clause, 112 — board of education may 
 adopt certain laws, 112 — board of education, officers, powers, etc . 113 — meetings of board, 
 113— shall have control of common schools, etc., in Akron. 114 — number and grade of 
 schools, admission of pupils, etc., 114 — power of board, 115 — town council to levy taxes for 
 school pur|)Oses, 115— reports of board, 116— titles of land, etc., 116— examiners of 
 tea hers and schools, 116 — certificate of examiners to state time such certificate shiU be 
 valid, 117 — no person to teach without certificate, 117 — reports of examiners, 117 — 
 public- examination of schools, 118 — repealing clause. 118— extended to Dayton, 118 — 
 right of repeal, 118. 
 
 CHAPTER v.— School Fdnds— School L.a.nos, 118— fund established, 118— auditor of state 
 the superintendent of, 118 — to keep account of funds from sale of school lands, 118 — 
 fund to be irreducible, 119 — rate of interest and account of. 119 — -pledge for its pay m 'nt. 
 119 — its appropriation, 119 — order for and payment of, 119 — receipt for, 119 — distribu- 
 tion of. 120 — donations and bequests, 120 — general fund establisiied. 120 — of what, to 
 consist, 120 — state pledged for the interest, 120 — interest lundid till 1835, 120 — how 
 distributed afterward, 120 — proceeds of sales of swamp lands to be added to coiniUi)u 
 school fund, 121 — section sixteen school lands miy be sold, 121 — how vote of citizens 
 shall be caken, 122 — trustees to petition court of coniinoii pleas, 122 — court to appoint 
 appraisers, 123 — returns of to hi recorded, 123 — county auditor to advertise sale, 123 — 
 reappraisem^nfe, 124 — proceedings in cas^s of pernixnent leases, etc.. 124 — paymeats to 
 county treasurers, etc., 125 — county auditors to report sales to auditor of state. 125 — 
 iiitei-est app )rtio:ied. 125- -lands to be resold, for ca-;h, iu ca-?-3 of failure of purchaser to 
 piy, 126— pir;has;!r to receive certifiiato. 126 — final certificate, 126 — deed fr()ui the 
 . state, 12) — exc !s-? of m>ney, li>w di^pos'd of, 12() — fje-*, 1 i7— acts repealed, 127 — certain 
 sales confirmed, 128 — sale of ministerial and school lands, 128.
 
 182 
 OPINIONS AND IKSTRUOTIONS. 
 
 PAGE 
 
 ABSTRACT of school returns 63 
 
 ACTING MANAGER, his duties, «fcc 22 
 
 ADMISSION of non-resident pupils 27 
 
 of pupils not of school age 26 
 
 of colored youth to common schools •''2, 98 
 
 ADOPTION of general school law 55, 81 
 
 of school law of 1849 82 
 
 of Akron school law 82 
 
 AGE, legal school minimum 97 
 
 ALTERING suh-district. {See Sub-District.) 
 
 ANNEXATION of territory to separate school district 55 
 
 ANNUAL ESTIMATES. (See Estimates.) 
 
 ANTEDATING of certificates 70 
 
 APPOINTMENT of local director 9,25 
 
 of niemher of board of education in cities and villages 58 
 
 of school examiners 65 
 
 may be revoked 65 
 
 of person to prepare scliool returns instead of clerk 64 
 
 APPORTIONMENT of school funds -- 43 
 
 andrtor's copy of 30, 62 
 
 ASSIGNMENT of scholars 26 
 
 ASSOCIATION, county teachers' 96 
 
 AUTHORITY of local directors U 
 
 AUDITORS, how to assess school estimates 37, 38 
 
 for joiut sub-districts 38 
 
 apportionment of scliool funds 62 
 
 certificate of apportionment 62 
 
 to superintend school funds 30, 62 
 
 duty respecting school returns 63 
 
 to appoint person to prepare report 64 
 
 compensation 64 
 
 liability 65 
 
 " BARRING OUT"ateacher 18 
 
 BOARD of teachers (" hoarding around ") 45 
 
 BOARD OF EDUCATION, township, quorum 17 
 
 have custody of school-houses 17 
 
 may permit them to be used 18 
 
 all business must be transacted at a meeting 20 
 
 what constitutes a legal meeting 20 
 
 may sustain high schools 20 
 
 when to act as local directors 20 
 
 may adopt rules and regulations 21 
 
 may establish German schools 22 
 
 may appoint an acting manager 22 
 
 may change or abolish sub-districts 23 
 
 how they shouUl alter sub-districts 24, 25, 26 
 
 may establish graded sub-district schools 23 
 
 authority in locating school houses 24 
 
 may assign scholars to central school 26 
 
 may admit pupils of non-school age 26 
 
 may admit non-resident puj)ils 27 
 
 may suspend pupils 27 
 
 their duty in the management of joint sub-districts 28, 29, 30, 31 
 
 to determine studies and books 31, 32 
 
 have control of libraries 77, 78 
 
 report to the auditor 34 
 
 members can not be paid 47, 93 
 
 settlement with treasurer 47 
 
 election of clerk 57
 
 183 
 
 PAGE 
 
 BOARD OF EDUCATION of separate school districts 54 
 
 powers and duties 54, 59 
 
 vacancy, how lilled 58 
 
 CENTRAL SCHOOLS 20, 36 
 
 CERTIFICATE, teacher's, when legal 42, 70 
 
 how to be liicd 42 
 
 autedatinfy of 70 
 
 length of tiuie they may be valid 71 
 
 State 94 
 
 of ai)portio.imeiit, auditor's 30, 62 
 
 CITY EXAMINERS. (See Local Examiners.) 
 
 CLERK OF SUB-DISTRICT, his term of office 10, 25 
 
 CLERK OF TOWNSHIP. (See Township Clerk.) 
 
 CLERK OF BOARD OF EDUCATION iu separate school districts • 57 
 
 his duties 57 
 
 jiay and i)eualtie8 35, 58, 65, 93 
 
 CLERK OF SCHOOL EXAMINERS, his duties and compensation 72, 73 
 
 COLORED YOUTH of less than half African blood 16, 54 
 
 separate sciiools for colored youth 50 
 
 to be established by township board 97 
 
 school-houses to be built 51 
 
 joint districts nuiy be formed •-- 51 
 
 may be admitted to couimom schools 52 C3 97 
 
 COMMISSIONER OF COMMON SCHOOLS ----- 73 
 
 his powers and duties 74, 75 
 
 his annual report 75, 76 
 
 COMMISSIONERS to certify estimates, county 39 
 
 COMPENSATION of township clerk 35,46, 93 
 
 of clerks of boards 93 
 
 of school examiners 72 
 
 of treasurers 49, 58 
 
 of auditors 64 
 
 CONDEMNING school-house sites 14 
 
 CONTRACTS with teachers 11 
 
 for fuel, etc 13 
 
 illegal 13 
 
 CONSOLIDATION of sub-district libraries 78 
 
 CORPORAL PUNISHMENT, teacher's right to inflict 84, 85 
 
 COUNTY COMMISSIONERS may certify estimates 39 
 
 CUSTODY of school-houses 17 
 
 DAILY REGISTER, teacher's 34 
 
 DISMISSAL of teachers, when legal 12 
 
 illegal dismiss.il 13 
 
 how costs are to be paid 13 
 
 DISBURSEMENT of contingent fund 41 
 
 of school fuuils 43 
 
 DISTRICTS. (See School Districts.) 
 
 DIRECTORS. (See School Directors.) 
 
 DUTY of school officers. (See Boards of Education, School Directors, etc.) 
 
 ELECTION of local directors 6 
 
 time and place of meeting 6 
 
 tie vote a fiilure to elect S 
 
 in new sub-districts 8. 25, 26 
 
 iu joiut sub-districts 8
 
 184 
 
 PAGE 
 
 EMPLOYMENT of teachers 11, 70 
 
 ENUMEEATION, who are entitled to 15 
 
 of colored youth 16 
 
 in joint sub-districts 16, 29 
 
 pay for taking 16 
 
 penalty for not taking 17 
 
 in original surveyed townsips 62 
 
 ESTIMATES, annual 29, 37 
 
 amount of 37, 38 
 
 how assesseed by auditors 37 
 
 county commissioners to certify 39 
 
 for joint sub-districts 29, 38 
 
 EVENING SCHOOLS 60 
 
 EXAMINATION FEES 67 
 
 EXAMINEES. (See School Examiners.) 
 
 EXPENSES, necessary traveling 68, 69 
 
 FORFEITURE of school funds .34, 44, 60, 83, 97 
 
 FUNDS, {^ee School Funds.) 
 
 FEES for examination 67 
 
 GERMAN SCHOOLS 22 
 
 GRADED SCHOOLS 56 
 
 in sub-districts 23, 36 
 
 HOLIDAYS, teachers may dismiss school on 96 
 
 ILLEGAL orders on treasurer 50 
 
 dismissal of teachers 13 
 
 contracts. (See Contracts.) 
 
 INJURY to school-houses 19 
 
 IRREDUCIBLE SCHOOL FUND 79. 
 
 INSTITUTE FUND, teachers' 95 
 
 JOINT SUB-DISTRICTS in two or more counties 28 
 
 new joint sub-districts 29 
 
 clerk may reside in either township 29 
 
 temporary joint sub-districts 29 
 
 anuiuxl estimates for 29 
 
 auditor's apportioutment of joint school funds 30 
 
 transfer of joint school funds 31 
 
 JURISDICTION over pupils, teacher's 89 
 
 LIBRARY tax, repeal of 77 
 
 how new books are to be piu'chased - 77 
 
 LIBRARIES, consolidation of 78 
 
 report of 78 
 
 LIABILITIES of directors for illegal contracts 13 
 
 of township clerks 17, 35, 65 
 
 of clerks of boards of education 58 
 
 of county auditors 65 
 
 of school examiners 68 
 
 LIBRARIAN, to be appointed by board 33 
 
 LOCATION of school houses 24 
 
 LOCAL EXAMINERS, their compensation 73 
 
 can not charge fees 67 
 
 LOSS of school funds. (See Forfeiture of. )
 
 185 
 
 Pagk. 
 
 MEETINGS of boards of education 20 
 
 notice of special meetings 20 
 
 all business to be transacted at a meetino- 20 
 
 of local directors 10 
 
 of school examiners 67 
 
 for the election of directors 6 
 
 MODES of altering sub-districts 24 
 
 OATH OF OFFICE to be taken by local directors 9 
 
 by members of board of education 9, 65 
 
 by school examiners 65 
 
 ORDERS for teachers' pay 71 
 
 ORGANIZATION of county teachers' association 96 
 
 PAY for taking enumeration 16 
 
 of township clerk 35, 46, 93 
 
 of acting manager 46 
 
 PAYMENT of teachers 41,58,71 
 
 teachers must hold a certificate 1 1, 32, 41, 70, 71 
 
 PRAYER, teacher's right to open school with 87, 88 
 
 PRIVATE SCHOOLS 46 
 
 PROSECUTING ATTORNEY 81 
 
 PUPILS, transfer of 56 
 
 QUORUM of board of education 17 
 
 of board of local directors 10 
 
 of board of school examiners 67 
 
 QUARTERLY RETURNS of School examiners 67 
 
 RATES of school levies 38,79 
 
 RATE BILLS not legal 39 
 
 RECORD of proceedings 17 
 
 REMOVAL of examiner by probate judge 66 
 
 RENTS of school lands 48 
 
 REPEAL of library tax 77 
 
 REPORT to be made of contracts 14 
 
 by teachers to clerk 33 
 
 by clerks to county auditor 35 
 
 by county auditor to commissioner 63 
 
 REQUISITES for teacher's certificate 69 
 
 REVOCATION of certificate 69 
 
 REVENUE STAMPS 69,98 
 
 RULES of board of education 13,21 
 
 of school examiners 71 
 
 SCHOLARS. (See PiqAls.) 
 
 SCHOOLS, central or high 20,26,36 
 
 graded schools 56 
 
 graded sub-district schools 23, 36 
 
 joint schools 28, 29, 30 
 
 German schools 22 
 
 private schools 46 
 
 colored schools 50, 97 
 
 union high schools 56 
 
 evening schools 60 
 
 SCHOOL DIRECTORS, time and place of their election 6 
 
 special elections 9
 
 186 
 
 SCHOOL BIUECTORB— Continued. Page. 
 
 term of office 7 
 
 tie vote a failure to elect 7 
 
 election in new sub-districts 8 
 
 election in joint sub-districts 8 
 
 oath of •oftice 9 
 
 what constitutes a vacancy 8 
 
 how it is tilled 7,9 
 
 clerk's term of office 10, 25 
 
 transaction of business ^ 10 
 
 what constitutes a legal meeting 10 
 
 authority of local directors 11 
 
 their authority respecting studies and school books 11 
 
 suspension of pupils 27 
 
 teachers must be employed at a meeting 11 
 
 must hold a legal certiticate 11 
 
 contracts with teachers 11 
 
 any two directors msiy certify 11 
 
 may fix the wages of teachers 12 
 
 dismissal of teachers 12 
 
 when illegal 13 
 
 how costs of sui t are paid 13 
 
 contracts for fuel, etc 13 
 
 liability for illegal contracts 13, 14 
 
 contracts must be reported 14 
 
 not entitled to pay for taking enumeration 16 
 
 penalty for failure to take it 17 
 
 SCHOOL DISTRICTS as distinguished from sub-districts 5 
 
 separate school districts 6, 54 
 
 special school districts 6, 83 
 
 subdivisions called sub-districts 6 
 
 SCHOOL EXAMINERS, legal qualifications of 65 
 
 oath of office 65 
 
 removal, for what 66 
 
 vacancy how filled, 66 
 
 report to commissioner 66 
 
 meetings of board — two a quorum 67 
 
 private examinations illegal 67 
 
 lees to be collected 67 
 
 local examiners not to collect fees 67 
 
 quarterly returns to county treasurers 67 
 
 liability of examiners 68 
 
 certificates to be stamped 69 
 
 revocation of certificates 69 
 
 requisites for a certificate 69 
 
 antedating certificates 70 
 
 how long certificates may be valid 71 
 
 rules and regulations 71 
 
 grades of certificate 71 
 
 compensation 71, 72 
 
 SCHOOL FUNDS, forfeiture of 34,44, 60,83,97 
 
 township school fund 42 
 
 how school funds must be apportioned 43 
 
 when surplus funds may be re-apportioned 45 
 
 how school funds must be disbursed 43 
 
 school funds for colored youth 51, 53 
 
 irreducible school fund 79 
 
 SCHOOL HOUSES, custody of 17 
 
 local directors have also care of 18 
 
 for what purposes school houses may be used 18 
 
 cannot be closed against a teacher 18 
 
 injury of school house a penal oft'ense 19, 101 
 
 to be built by township tax 38 
 
 SCHOOL LAWS, adoption of different 81,82 
 
 SCHOOL LANDS, rents of 48
 
 187 
 
 SCHOOL LIBRARY. (Soe Library ) Page. 
 
 SCHOOL MONTH 12, 96 
 
 SCHOOL STATISTICS, reports of 83 
 
 SCHOOL TREASURER. (See Treasurer.) 
 
 SCHOOL YEAR 34 
 
 SEPARATE SCHOOL DISTRICTS 54 
 
 SETTLEMENT of treasurer with auditor 59 
 
 of treasurer with board 47 
 
 SPECIAL SCHOOL DISTRICTS 83 
 
 STAMPS on school papers 69, 98 
 
 STATE SCHOOL TAX 79 
 
 STATE CERTIFICATES 94 
 
 STUDIES to be determined by whom 11, 3t 
 
 SUB-DISTRICTS, size of 23 
 
 alterinfj of 23, 25 
 
 separate districts may be sub-districted 55 
 
 sub-district tax illegal 80 
 
 SUB-DISTRICT TAX , 80 
 
 SUPERVISION of school funds 62 
 
 SURPLUS TUITION FUNDS 45 
 
 SUSPENSION of pupils 27 
 
 TEACHERS, employment of 11, 70 
 
 term report 33 
 
 board should furnish daily register 34 
 
 how teachers are to be paid 41, 58, 71 
 
 documents to be filed with clerk 41 
 
 how teachers are to be boarded 45 
 
 no teacher can be employed in any capacity without a certificate.. 11, 32,41,70, 71 
 
 right to inflict corporal punishment 84 
 
 riglit to open school with prayer 87 
 
 jurisdiction over his pupils 89 
 
 may dismiss school on holidays 97 
 
 TEACHERS' INSTITUTE FUND 95, 96 
 
 TEACHERS' ASSOCIATION, organization of county 96 
 
 TEACHERS' REPORTS 33 
 
 TERM OF OFFICE of local directors 7 
 
 TIE VOTE, a failure to elect 7 
 
 TIME of altering sub-districts 24 
 
 TOWNSHIP CLERK, his rights as member of board 17 
 
 may be ajjpointed acting manager 17, 23 
 
 liable for failure to keep record 17 
 
 to make annual returns to county auditor 35 
 
 penalty for failure 35, 65 
 
 compensation 35, 93 
 
 TOWNSHIP SCHOOL FUND 42 
 
 TRANSACTION of business at a meeting 20 
 
 TREASURER, settlement with board 47 
 
 settlement with auditor , 50, 59, 92 
 
 must receive rents of school lands 48 
 
 tuition of non-resident pupils 48 
 
 compensation 49, 58, 93 
 
 in cities of the second class 59 
 
 bond of 92
 
 188 
 
 Page. 
 TRAVELING EXPENSES, necessary 69 
 
 TUITION of non-resident pupils 48 
 
 TUITION FUNDS may be re-apportioned 45 
 
 USE of school-liouses 1^ 
 
 UNION HIGH SCHOOL, how formed 36, 56 
 
 VACANCY in office of local director 9 
 
 in board of education 58 
 
 in board of examiners 67 
 
 WAGES of teachers 12 
 
 /'*.'\*'\/*.'"k.''»/\**l.''*#'\/^.f^.'\»".("».t 
 
 APPENDIX.— EORMS AND INSTRUCTIONS. 
 
 CHAPTER I.— FORMS FOR SCHOOL DIRECTORS. 
 
 PAGE 
 
 1. Notice of sub-district school meeting IBl 
 
 2. Notice of special school meeting 131 
 
 3. Minutes of sub-district school meeting 131 
 
 4. Certificate of election of school district 132 
 
 5. Oath of school director 132 
 
 6. Appointment of school director 132 
 
 7. Meeting of school directors 132 
 
 8. Contract between directors and teacher 133 
 
 9. Certificate for teacher'spay 133 
 
 10. Contract for fuel, repairs, etc 133 
 
 11. Certificate of amount due for luel, etc 133 
 
 12. Dismissal of teacher 134 
 
 13. Visit to school 134 
 
 CHAPTER II.— FORMS FOR TOWNSHIP BOARDS OF EDUCATION. 
 
 14. Notice of meeting to establish high school 184 
 
 15. Notice of meeting to vote a tax for building purposes 135 
 
 16. Notice of special meeting of township board 135 
 
 17. Certificate of annual estimates • 135 
 
 18. Certificate of annual estimates for joint school 135 
 
 19. Different modes of altering sub-districts 136 
 
 20. Notice of election in a new sub-district 137 
 
 21. Organization of a joint sub-district 137 
 
 22. Appointment of acting manager 138 
 
 23. Assignment of scholars to central high school 138 
 
 24. Appointment of librarian 138 
 
 25. Bond of librarian 138 
 
 26. Order of township treasurer for teacher's pay 139 
 
 27. Order on treasurer other than for teacher's pay 139 
 
 28. Form of deed 139 
 
 29. Form of lease 140 
 
 CHAPTER III.— ENUMERATION FORMS. 
 
 30. Enumeration of youth in sub-districts containing no school-land territory 141 
 
 31. Enumeration of youth in sub-districts containing school-land territory 142 
 
 82. Enumeration returns of township clerk to county auditor 143 
 
 33. Auditor's return of enumeration to State Commissioner 144
 
 189 
 
 CHAPTER IV.— FORMS FOR CLERKS, TEACHERS, AND TREASURERS. 
 
 PAGE 
 
 34. Bond of township treasurer as treasurer of school funds 145 
 
 35. Certificate of treasurer's bond 145 
 
 30. Final receipt of township treasurer 145 
 
 37. Final receipt of township clerk 146 
 
 38. Teacher's daily register 147 
 
 39. Teacher's term register , 14<S, 149 
 
 40. Teacher's report to the township clerk 150, 151, 152 
 
 41. Township clerk's abstract of sub-district teachers' reports 153, 154, 155 
 
 42. Report of the board of education 15G, 157, 158,159, 160, 161 
 
 43. Township treasurer's general account with township ,162, 164 
 
 44. Township treasurer's account with the several sub-districts 163, 164 
 
 45. Report of township treasurer to county auditor 165 
 
 CHAPTER v.— FORMS FOR SCHOOL EXAMINERS, AUDITORS, ETC. 
 
 46. Appointment of school examiners 166 
 
 47. Revocation of appointment of school examiner 106 
 
 48. Notice of meetings for the examination of teachers 166 
 
 49. Teacher's cerlificate 167 
 
 50. Revocation of teacher's certificate 167 
 
 51. Quarterly report to county treasurer.... 168 
 
 52. Form of school examiner's register 169 
 
 53. Report of school examiners to State Commissioner ] 70 
 
 54. Auditor's report of teachers' institute fund 171 
 
 55. Constitution for county teachers' association - 172 
 
 56. Report of colleges, seminaries and academies , 173
 
 J