GIFT OF GIFT THE PUBLIC SCHOOL LAW OF NORTH CAROLINA BEING A PAST OF CHAPTER 89, REVISAL OF 1905, AS AMENDED BY THE GENERAL ASSEMBLY OF 1907, 1909 AND 1911 TOGETHER WITH EXPLANATORY NOTES AND DECISIONS OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION RALEIGH ISSUED FROM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 1911 THE PUBLIC SCHOOL LAW OF NORTH CAROLINA BEING A PAST OF CHAPTER 89, REVISAL 1905, AS AMENDED BY THE GENERAL ASSEMBLY OF 1907, 1909 AND 1911. RALEIGH ISSUED FROM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 1911 \N E. M. UZZELL A CO. TABLE OF CONTENTS. PREFATORY NOTE. EDUCATION IN OUR CONSTITUTION. NEW SCHOOL LEGISLATION, 1911. County Farm-life School Law. Special County Taxation for Schools. THE PUBLIC SCHOOL LAW. I. Application of Chapter, Section 4029. II. The State Board of Education, Sections 4030-4035. III. Loans for Building Schoolhouses, Sections 4053-4056. IV. The School System and the Course of Study, Sections 4085-4088. V. The General Powers and Duties of the State Superin- tendent, Sections 4089-4092. VI. School Funds Provided by the State, Sections 4093-4106. VII. School Funds Provided by County and Local Taxation and Apportionment of same, Sections 4107-4118. VIII. The Powers and Duties of the County Board of Educa- tion, Sections 4119-4134. IX. The Powers and Duties of the County Superintendent, Sections 4135-4144. X. The Powers -and Duties of the School Committee, Sec- tions 4145-4151. XI. The Treasurer of the School Fund, Sections 4152-4160. XII. Privileges and Duties of Teachers, Sections 4161-4167. XIII. Rural Libraries, Sections 4172-4179. XIV. Separate Schools for Indians of Robeson County, Sec- tions 4168-4171. Text-book Law, Sections 4057-4084. Public High-school Law. The Child-labor Law. Compulsory-attendance Law. Deaf Children Must Attend. Scientific Temperance Instruction. Health Law. INDEX TO PUBLIC SCHOOL LAW. 247905 PREFATORY NOTE. This compilation of the Public School Laws of North Carolina is issued in this form, in accordance with Section 4089 of the Revisal of 1905. The amendments made to the School Law by the General As- sembly of 1911 are printed in italics in the amended sections. This compilation also contains the legislation of 1907 relative to high schools, compulsory attendance, the employment of children in factories, attendance of deaf children, and scientific temper- ance instruction, with the amendments of 1909, and also the amendments (in italics) and the new school legislation of 1911. The notes, decisions, and other matter, it is hoped, will be found convenient and useful. A careful reading of the law by all school officers and teachers will prevent many mistakes and burdensome correspondence and delay ' J. T. JOYNEE, Superintendent of Public Instruction. RALEIGH, April, 1911. EDUCATION IN OUR CONSTITUTION. Article IX of the Constitution of North Carolina relates to edu- cation. It reads as follows : SECTION 1. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. SEC. 2. The General Assembly, at its first session under this Constitution, shall provide by taxation and otherwise for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years. And the children of the white race and the children of the colored race shall be taught in separate public schools ; but there shall be no discrimination in favor of or to the prejudice of either race. SEC. 3. Each county of the State shall be divided into a conven- ient number of districts, in which one or more public schools shall be maintained at least four months in every year ; and if the com- missioners of any county shall fail to comply with the aforesaid requirements of this section they shall be liable to indictment. SEC. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State and not other- wise appropriated by this State or the United States, also all money, stocks, bonds and other property now belonging to any State fund for purposes of education, also the net proceeds of all sales of the swamp lands belonging to the State, and all other grants, gifts or devises that have been or hereafter may be made to the State and not otherwise appropriated by the State or by the terms of the grant, gift or devise, shall be paid into the State Treasury, and, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining in this State a system of free public schools, and for no other uses or pur- poses whatsoever. SEC. 5. All moneys, stocks, bonds, and other property belonging to a county school fund, also the net proceeds from the sale of estrays, also the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any .breach of the penal or military laws of the State, and all moneys which shall EDUCATION IN CONSTITUTION. be paid by persons as an equivalent for exemption from military duty shall belong to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties in this State: Provided, that the amount collected in each county shall be annually re- ported to the Superintendent of Public Instruction. SEC. 6. The General Assembly shall have power to provide for the election of trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, fran- chises and endowments thereof in anywise granted to or conferred upon the trustees of said University ; and the General Assembly may make such provisions, laws and regulations from time to time as may be necessary and expedient for the maintenance and man- agement of said University. SEC. 7. The General Assembly shall provide that the benefits of the University, as far as practicable, be extended to the youth of the State free of expense for tuition ; also that all the property which has heretofore accrued to the State or shall hereafter accrue from escheats, unclaimed dividends or distributive shares of the estates of deceased persons shall be appropriated to the use of the University. SEC. 8. The Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, Superintendent of Public Instruction, and Attorney-General shall constitute a State Board of Education. SEC. 9. The Governor shall be president and the Superintendent of Public Instruction shall be secretary of the Board of Education. SEC. 10. The Board of Education shall succeed to all the powers and trusts of the president and directors of the literary fund of North Carolina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools and the educational fund of the State; but all acts, rules and regulations of' said board may be altered, amended or repealed by the General Assembly, and when so altered, amended or repealed they shall not be reenacted by the board. SEC. 11. The first session of the Board of Education shall be held at the capital of the State within fifteen days after the organization of the State Government under this Constitution ; the time of future meetings may be determined by the board. SEC. 12. A majority of the board shall constitute a quorum for the transaction of business. SEC. 13. The contingent expenses of the board shall be provided by the General Assembly. EDUCATIONAL QUALIFICATION. 7 SEC. 14. As soon as practicable after the adoption of this Con- stitution the General Assembly shall establish and maintain in connection with the University a department of agriculture, of mechanics, of mining and of normal instruction. SEC. 15. The General Assembly is hereby empowered to enact that every child of sufficient mental and physical ability shall attend the public schools during the period between the ages of six and eighteen years for a term of not less than sixteen months, unless educated by other means. Section 27: The people have the right to the privilege of edu- cation, and it is the duty of the State to guard and maintain that right. Bill of Rights, North Carolina Constitution. EDUCATIONAL QUALIFICATION FOR SUFFRAGE. Article VI, section 4, of the Constitution of North Carolina con- tains the following : Every person presenting himself for registration shall be able to read -and write any section of the Constitution in the English language ; and before he shall be entitled to vote he shall have paid, on or before the first day of May of the year in which he proposes to vote, his poll tax for the previous year, as prescribed by Article V, section 1, of the Constitution. But no male person who was on January 1, 1867, or at any time prior thereto, entitled to vote under the laws of any State in the United States wherein he then resided, and no lineal descendant of any such person, shall be denied the right to register and vote at any election in this State by reason of his failure to possess the educational qualifica- tions herein prescribed: Provided, he shall have registered in accordance with the terms of this section prior to December 1, 1908. NEW SCHOOL LEGISLATION, 1911. COUNTY FARM-LIFE SCHOOL LAW. AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND MAINTENANCE OF COUNTY FARM-LIFE SCHOOLS AND FOR THE PROMOTION OF AGRICULTURE AND HOME- MAKING. The General Assembly of North Carolina do enact: SECTION 1. There shall be established and maintained in every county complying with the provisions of this act as hereinafter set forth a school to be known as a "County Farm-life School" for the training and preparation of the boys and girls of said county for farm life and home-making. THE AIM OF THE COUNTY FARM-LIFE SCHOOL. SEC. 2. The aim of said school shall be to prepare boys for agri- cultural pursuits and farm life and to prepare girls for home- making and housekeeping on the farm. The course of study in said school shall be subject to the approval of the State Superin- tendent of Public Instruction and an advisory board on farm-life schools, to be appointed by him : Provided, however, that the course of study shall include practical work on the farm by the boys and practical work in all subjects relating to housekeeping and home- making by the girls. BOARD OF TRUSTEES. SEC. 3. Said school shall be under the control and management of a board of trustees, consisting of one member from each town- ship in the county, appointed by the county board of education, who shall serve until their successors shall be appointed. The first board of trustees shall be divided by the county board of education into three as nearly equal groups as possible one group shall be appointed for a term of two years, one group for a term of four years, and one group for a term of six years. Upon the expiration of the term of office of any trustee his successor shall be appointed for a term of six years. The county superintendent FAEM-LIFE SCHOOLS. 9 of public instruction shall be ex officio a member of said board and secretary thereof. All vacancies occurring by death, resignation or otherwise, in said board shall be filled for the unexpired term by the county board of education. SEC. 4. Within ten days after any county, township or town- ships shall have complied with the provisions of this act as herein- after set forth for the maintenance and equipment of said school, the members of the board of trustees shall be appointed, and the county superintendent shall duly notify them to meet at the county-seat within ten days after their appointment to qualify and organize. LOCATION. SEC. 5. After due advertisement, inviting bids for the location of said school within said county, said board of trustees shall locate it at such place in said county as shall offer the largest financial aid for maintenance and equipment, having due regard for desirability and suitability of location: Provided, hoivever, that said school shall not be located in any city or town of more than one thousand inhabitants, nor within two miles of the cor- porate limits of any city or town of more than five thousand in- habitants. BUILDINGS, FARM, MAINTENANCE, ETC. SEC. 6. For the maintenance of said school, the county or town- ship or school district, or all combined, wherein it is located, shall provide annually, by taxation or otherwise, not less than twenty- five hundred dollars. The county or township or school district, or all combined, shall also provide by bond issue, or otherwise, the following equipment for said school : a school building with reci- tation rooms and laboratories and apparatus necessary for effi- cient instruction in the prescribed subjects of study; dormitory buildings with suitable accommodations for not less than twenty- five boys and twenty-five girls; a barn and dairy building with necessary equipment; a farm of not less than twenty-five acres of good arable land. All of said buildings shall be located on said farm and shall be constructed in accordance with plans approved by the State Superintendent of Public Instruction, and the entire equipment shall be subject to his approval and acceptance after inspection : Provided, however, that, upon recommendation of the board of trustees and the presentation of satisfactory reasons therefor, the State Superintendent of Public Instruction may grant permission to said board of trustees to accept any suitable 10 FARM-LIFE SCHOOLS. and properly equipped school building already constructed, though it may not be located on said farm, provided it be located within reasonable and convenient distance thereof, and may also grant permission to reduce the required acreage for the farm to not less than ten acres. PROVISION FOR ELECTION IN COUNTY. SEC. 7. Upon written request of the county board of education of any county, the board of county commissioners of said county may in their discretion order an election to be held in said county, in accordance with the law governing general elections therein, as nearly as may be : Provided, however, that a new registration shall be ordered for said election ; and not less than thirty days notice of said election shall be given at the courthouse door and three other public places in said county; and if there be news- papers published in said county, a notice of said election shall also be published weekly for four successive weeks preceding said election in one newspaper therein; and the registrars and poll- holders shall canvass the vote cast, declare the result, and duly certify the returns to the board of county commissioners, and the returns shall be recorded in the records of said board of county commissioners. At said election shall be submitted to the quali- fied voters of the county the question of levying and collecting a special tax on all taxable property and polls of said county for the maintenance and equipment of a "County Farm-life School" therein. At such election those favoring the levying and collec- tion of such a tax for said purpose shall vote a ballot on which shall be written or printed the words "For County Farm-life School" ; and those opposed shall vote a ballot on which shall be written or printed the words "Against County Farm-life School." If a majority of the qualified voters shall vote "For County Farm- life School," then all the provisions of this act shall be in full force and effect, and the county commissioners shall annually levy and cause to be collected, in the same manner and at the same time as other taxes of the county are levied and collected, a tax on all property and polls of the county sufficient to provide the sum required of said county under section six of this act for the annual maintenance of said school, and, in addition, the sum required for the payment of the annual interest on such bond issue as may be found necessary for providing the equipment for said school required under section six of this act, as said interest accrues, and to create a sinking fund for the purpose of paying FARM -LIFE SCHOOLS. 11 off and discharging said bonds as they become due. The bond of the sheriff or tax collector of said county shall be responsible for said tax to the same extent as it is liable for other taxes collected by him. BONDS TO BE ISSUED. SEC. 8. If a majority of the qualified voters at the election herein provided for shall vote "For County Farm-life School," it shall be deemed and held that a majority of the qualified voters are in favor of granting to the board of county commissioners of said county authority to issue bonds in an amount not to exceed twenty-five thousand dollars for the purpose of providing the nec- essary equipment prescribed in section six of this act; and such authority shall be granted to and vested in said board of county commissioners and said board is hereby authorized and empow- ered to issue and sell bonds in the name of said county to an amount not to exceed twenty-five thousand dollars, of such de- nomination and of such proportion as said board of county com- missioners may deem advisable, bearing interest at a rate not to exceed six per centum, with interest coupons attached, payable at such time or times and at such place or places as may be deemed advisable by said board of county commissioners, such bonds to be of such form and tenor and transferable in such way, and the principal thereof payable or redeemable at such time or times, not less than fifteen years from the date thereof, and at such place or places as said board of county commissioners may determine. The proceeds arising from the sale of said bonds shall be expended by said board of county commissioners in providing, by purchase or otherwise, the equipment in land, buildings and apparatus required in section six of this act for the "County Farm- life School" : Provided, however, that the treasurer of said county shall receive no compensation for receiving or disbursing the money which may be received from the sale of said bonds. ELECTION IN TOWNSHIP ISSUANCE OF BONDS TO SECURE LOCATION. "SEC. 9. The county commissioners of any county that has voted for the establishment of a "County Farm-life School" therein shall, upon petition of one-fourth of the freeholders in any township applying to the trustees of said "County Farm-life School" to secure the location of said school therein, order an election therein, to be held after thirty days notice at three public places in said 12 FARM-LIFE SCHOOLS. township, under the law governing State and county elections as nearly as may be, and the returns of said election shall be certi- fied by the registrars and pollholders to the board of county com- missioners, and the same shall be recorded in the records of said county commissioners ; at which election shall be submitted to the qualified voters of said township the question of issuing bonds in a sum not to exceed twenty-five thousand dollars, the amount of said bond issue to be set out in the petition for said election, and of levying and collecting on all taxable property and polls in said township a special tax sufficient to provide for the payment of the interest on said township bonds as it accrues and to create a sink- ing fund for the purpose of paying off and discharging said town- ship bonds as they become due. At such election, those favoring the levying and collection of such a tax for said purpose shall vote a ballot on which shall be written or printed the words "For County Farm-life School," and those opposed shall vote a ballot on which shall be- written or printed the words "Against County Farm-life School." If a majority of the qualified voters at said election shall vote "For County Farm-life School," then it shall be deemed and held that, a majority of the qualified voters are in favor of granting to the board of county commissioners of said county authority to issue bonds in the name of said township in such amount as shall have been named in the petition and notice of election, to be sold by said commissioners for the purpose of aiding in providing the buildings and farm and other equipment for the "County Farm-life School," provided said school shall be located in said township; and if said school shall be located in said township, the board of county commissioners shall annually levy and cause to be collected, in the same manner and at the same time as other taxes of the county are levied and collected, a tax on all property and polls in said township, sufficient to pro- vide for the payment of interest on said township bonds as it accrues and to create a sinking fund for the purpose of paying off and discharging said township bonds as they become due ; and said board of county commissioners is hereby authorized and empow- ered to issue and sell said bonds of said township to the amount specified in said petition and notice of election, of such denomina- tion and of such proportion as said board of county commissioners may deem advisable, bearing interest at a rate not to exceed six per centum, with interest coupons attached, payable at the time or times, and at the same place or places, and of the same form and tenor, and the principal thereof payable or redeemable at the FARM-LIFE SCHOOLS. 13 same time or times and at the same place or places as the county bonds issued by said board of county commissioners for the equip- ment of said "County Farm-life School." The proceeds arising from the sale of said township bonds shall be added to the pro- ceeds arising from the sale of said county bonds and expended therewith by said board of county commissioners in providing, by purchase or otherwise, the equipment in land, buildings .and ap- paratus required in this act for the "County Farm-life School": Provided, however, that any two or more contiguous townships bidding for the location of said "County Farm-life School" may unite and hold an election upon the same terms and conditions as are herein provided for one township for the location of the "County Farm-life School" at such point in said townships as may be determined by the board of trustees of said "County Farm-life School" : Provided, that the amount of bonds authorized to be issued by one or more townships in order to secure the location of the "County Farm-life School" in a given township shall be de- ducted from the amount of bonds authorized to be issued by the county, so as to limit the total issue of the bonds for farm,, build- ings and equipment to twenty-five thousand dollars. IF ELECTION FAILS IN COUNTY, TOWNSHIP OR CONTIGU- OUS TOWNSHIPS MAY PROVIDE FOR ESTABLISHMENT OF COUNTY FARM-LIFE SCHOOL. SEC. 10. In case an election shall be ordered and held in any county as herein provided, for the establishment and maintenance of a "County Farm-life School" therein, and a majority of the qualified voters at such election shall fail to vote "For County Farm-life School," any township in said county, or any two or more contiguous townships in said county, shall, upon petition of one-fourth of the freeholders therein to the board of county com- missioners of said county, have an election ordered by said com- missioners upon the same terms and conditions prescribed in sec- tion nine of this act : Provided, that a new registration shall be or- dered; and if in such election a majority of the qualified voters in said township or townships shall vote "For County Farm-life School," then, in that event, it shall be deemed and held that the board of county commissioners of said county is authorized and empowered to issue and sell bonds in the name of said township or townships in an amount not to exceed twenty-five thousand dol- lars, and to levy and cause to be collected in the same manner and at the same time as other taxes of the county are levied and 14 FARM-LIFE SCHOOLS. collected, a sufficient tax on all property and polls in said town- ship or townships to comply with all the conditions named in this act for the maintenance and equipment of a "County Farm-life School," subject to the same conditions as are herein provided for the issuance and sale of county bonds and the levying and col- lection of a county tax for said purpose; and the said "County Farm-life School" shall thereupon be located at such point in said township or townships as may- be determined by the board of trustees of said "County Farm-life School" provided for in this act; and such school, when thus established, shall be a "County Farm-life School" for said county, and shall be subject to all the rights, privileges and obligations and conditions prescribed in this act for "County Farm-life Schools," except as herein otherwise provided : Provided further, that at any time after the establish- ment of said "County Farm-life School" by the township or town- ships under the provisions of this section, the county may, under the provisions of section seven of this act, hold an election as therein provided; and if at said election a majority of the quali- fied voters of the county shall vote "For County Farm-life School," and the tax and bond issue provided for in said section seven for the maintenance and equipment of a County Farm-life School shall be provided, as directed therein, by the county commissioners for the entire county, said school, established under this section by the township or townships, shall become a County Farm-life School in all respects like a County Farm-life School established under section seven hereof; and the bonds of the township or townships and the tax levied for the maintenance of said school and for interest and sinking fund on said bonds, under this sec- tion, shall be assumed by the entire county, as provided in section seven hereof, and the bonds of said township or townships shall be canceled by substituting therefor the county bonds provided for in section seven hereof. HIGH-SCHOOL DEPARTMENT CONDUCTED IN CONNECTION WITH COUNTY FARM-LIFE SCHOOL. SEC. 11. There shall be established and maintained in connection with each County Farm-life School such a high-school course of study as is prescribed under the high-school law of the State for first-grade public high schools, and for the maintenance of such high-school department of the County Farm-life School there shall be the same county and State apportionments as are now made and required for a first-grade public high school under the pro- F ABM -LIFE SCHOOLS. 15 visions of the public high-school law of the State. If an additional apportionment for said high-school department of said school can- not be made out of the State appropriation for public high schools, then the State and county appropriations for one or more of the existing high schools in said county shall be transferred to the maintenance and support of said high-school department of said County Farm-life School. If said County Farm-life School shall be located at the same place with some existing public high school in said county established and maintained under the public high- school law of the State, then said public high school shall be merged into and become the high-school department of said County Farm- life School as an organic part thereof; and the appropriations for the maintenance thereof shall be the same as the appropriations now required for a first-grade public high school under the pro- visions of the public high-school law of the State. The require- ments for teachers in said high-school department of the County Farm-life School shall be the same as are now required for high- school teachers under the said high-school law. Said high-school department and course of study, however, and the entire man- agement of the same shall be under the direction and control of the board of trustees and the principal of the County Farm-life School, and shall be conducted as an organic part of said school. CERTIFICATION OF TEACHERS. SEC. 12. No person shall be employed as principal in charge of any "County Farm-life School" who does not hold a high-school teacher's certificate on all required subjects except Latin, Greek, and modern languages, including an additional certificate from the State Board of Examinee's and the president of the North Caro- lina College of Agriculture and Mechanic Arts, stating that he has furnished satisfactory evidence to them of his qualifications by special training and practical experience for said position. And no person shall be employed in the department of said "County Farm-life School" for the special training of girls for home-making and housekeeping on the farm who does not hold a high-school teacher's certificate on all required subjects except Latin, Greek, and modern languages, including an additional cer- tificate from the State Board of Examiners and the president of the State Normal and Industrial College, stating that such per- son has furnished to them satisfactory evidence of qualifications by special training and practical experience for said position. 16 FARM-LIFE SCHOOLS. AGRICULTURAL AND FARM-LIFE EXTENSION AND DEMON- STRATIONSHORT COURSES FOR ADULTS, MEN AND WOMEN. SEC. 13. It shall be a part of the duty of the faculty of each "County Farm-life School" to conduct agricultural farm-life ex- tension and demonstration work in said county, in cooperation, as far as possible, with such work carried on in said county by the State Department of Agriculture, the North Carolina College of Agriculture and Mechanic Arts, and the United States Depart- ment of Agriculture ; to hold township and district meetings in various parts of the county from time to time for farmers and farmers' wives ; to cooperate with the county superintendent of public instruction and with the county commissioner of agricul- ture, where such officer exists, in stimulating, directing, and supervising practical farm-life work in the public high schools and the elementary schools of the county, and in providing in- struction, through the County Teachers' Association and through special short courses of study at said "County Farm-life School," for the public school teachers of said county. There shall be pro- vided in the courses of study of said "County Farm-life School" short courses in farm-life studies to which shall be admitted adult farmers, men and women ; and there shall be held at said "County Farm-life School" annually one or more county meetings for the farmers and their wives of said county for instruction and demon- stration work. All of the work herein required and all other work of the "County Farm-life School" shall be under the general supervision of the county superintendent of public instruction, and said school shall in all respects be an organic part of the county public school system. ADMISSION OF STUDENTS FROM OTHER COUNTIES. SEC. 14. The board of trustees of the "County Farm-life School" of any county is hereby authorized and empowered to admit stu- dents from other counties of the State to said school upon pay- ment of such rate of tuition as said board of trustees may fix ; but all students who are residents of the county in which said school is located shall be admitted to said school without charge for tuition, except as provided for in section ten of this act ; and said board of trustees shall fix all other charges in said school at actual cost FARM-LIFE SCHOOLS. IT TREASURER OF COUNTY FARM-LIFE SCHOOL. SEC. 15. The treasurer of said county shall be the treasurer of said "County Farm-life School," and shall receive and disburse all funds therefor, keeping and rendering annually to the board of trustees of said school a separate account of such receipts and disbursements : Provided, that said treasurer, if employed on salary, shall receive no additional compensation for his services ; and if employed on commission, he shall receive as compensation not to exceed one per cent on all disbursements and nothing on receipts. The official bond of said treasurer shall be responsible and held liable for all funds coming into his hands for said school to the same extent as it is liable for other funds received by him as treasurer of said county. THE CORPORATE NAME. SEC. 16. The board of trustees of the said "County Farm-life School" and their successors in office shall be and are hereby con- stituted a body corporate by the name and style of "The Board of Trustees of the County Farm-life School of County," and by that name may sue and be sued, contract and be contracted with, purchase, hold and sell real estate and personal property, receive donations by gift or otherwise, and exercise such other rights and privileges as are conferred by law upon corporate bodies. The title to all lands and other property of the "County Farm-life School" shall vest in said board of trustees. APPROPRIATION OF STATE FUNDS. SEC. 17. Upon satisfactory evidence furnished to the State Board of Education that all the provisions of this act for the establish- ment, maintenance, and equipment of a "County Farm-life School" have been complied with in any county, the said State Board of Education shall order the State Superintendent of Public Instruc- tion to issue a requisition upon the State Auditor for the sum of two thousand five hundred dollars annually for the maintenance of said school, and the State Auditor shall issue his warrant in favor of the county treasurer of said county for said amount, which shall be paid out of the State Treasury and the money placed to the credit of the "County Farm-life School" of said county ; and sufficient moneys to pay said warrants are hereby appro- 18 FARM-LIFE SCHOOLS. priated out of any funds in the hands of the State Treasurer not otherwise appropriated: Provided, however, that there shall not be established more than ten such schools in any one year, and that not more than one such school shall be established in any county. SEC. 18. This act shall be in full force and effect from and after its ratification. Ratified this the 3d day of March, A. D. 1911. 1911, c. 84. SPECIAL COUNTY TAXATION FOR SCHOOLS. AN ACT TO AUTHORIZE ANY COUNTY IN NORTH CARO- LINA TO VOTE UPON THE LEVYING AND COLLECTION OF A SPECIAL TAX ON PROPERTY AND POLLS TO SUP- PLEMENT THE COUNTY SCHOOL FUND OF SAID COUNTY. The General Assembly of North Carolina do enact: SECTION 1. That the county commissioners of any county, upon the petition of the county board of education of said county, may order an election to be held in said county to ascertain the will of the people whether there shall be levied on all taxable prop- erty and polls of said county a special tax, not to exceed thirty cents on the one hundred dollars valuation of property and ninety cents on each poll, to supplement the county school fund of said county. SEC. 2. That said election shall be conducted for the county as nearly as may be under the same rules and regulations governing district special school-tax elections, as set out in section four thousand one hundred and fifteen of the Revisal of one thousand nine hundred and five of North Carolina. SEC. 3. That in case a majority of the qualified voters at said election shall vote in favor of said tax, the same shall be annually levied and collected in the same manner and at the same time as other taxes of the county are levied and collected. SEC. 4. That in case a majority of the qualified voters at said election in any township of said county shall vote for said special tax, the same shall be annually levied and collected in said town- ship in the same manner and at the same time as other taxes are levied and collected, and used to supplement the school fund of said township. SEC. 5. That in case a majority of the qualified voters at said election in any township or in the entire county shall vote in favor of said special tax, on petition of a majority of the members of the board of trustees or the school committee of any existing special-tax district within said township or county so voting, the county commissioners shall reduce the annual special local-tax levy of said district by an amount not exceeding the special levy provided for the county or township under this act. 20 SPECIAL COUNTY TAXATION FOB SCHOOLS. SEC. 6. That in case a majority of the qualified voters at said election in any county shall fail to vote for said special tax, on petition of a majority of the members of the county board of education of said county, the county commissioners may, after thirty days' notice, order an election in any subsequent year after the first election for the same purpose and under the same regula- tions as the first election herein provided for in any or all of the townships of said county that shall have failed to carry said spe- cial tax in the former election. SEC. 7. That the expense of holding said election shall be paid out of the county school fund of said county. SEC. 8. That this act shall be in full force and effect from and after its ratification. Ratified this the 3d day of March, A. D. 1911. 1911, c. 71. THE PUBLIC SCHOOL LAW. The following is the Public School Law of one thousand nine hundred and five, as amended by the General Assembly of one thousand nine hundred and seven, one thousand nine hundred and nine, and one thousand nine hundred and eleven. Each division of the law is preceded by a succinct summary and contains explana- tory notes, the whole being followed by decisions bearing on its interpretation. I. APPLICATION OF CHAPTER. 4029. THIS CHAPTEB NOT APPLICABLE TO CERTAIN SCHOOLS ; SUCH SCHOOLS REGULATED. The provisions of this chapter shall not ap- ply to any township, city or town now levying a special tax for schools and operating under special law r s or charters, or to schools operating under section forty-seven, chapter one hundred and ninety-nine, Laws of one thousand eight hundred and eighty-nine. School districts in any city or town now operating under section forty-seven, chapter one hundred and ninety-nine, Laws of one thousand eight hundred and eighty-nine, are hereby continued, and all vacancies in the school committees therein shall be filled by the county board of education. If such districts comprise a town- ship, there shall not be appointed township school committeemen for such township, and all apportionments shall be made directly to the committee of such districts. The superintendent and treas- urer of all such schools receiving any part of the public-school fund shall be required to make to the State Superintendent and the county superintendent such reports as these officers shall de- mand and as are made by other public schools to them, and shall be under the general supervision of the State Superintendent of Public Instruction. 1901, c. 4, s. 73; 1903, c. 435, s. 25. [This section requires the proper officers of town and city schools to make reports to the State Superintendent.] II. THE STATE BOARD OF EDUCATION. Summary: THE STATE BOARD CONSISTS OF THE GOVERNOR, THE LIEUTENANT GOVERNOR, THE SECRETARY OF STATE, THE TREASURER, THE AUDITOR, THE SUPERINTENDENT OF PUBLIC INSTRUCTION, AND 22 SECTIONS 4030-32. THE ATTORNEY-GENERAL ; HAS CORPORATE POWERS ; THE GOVERNOR is PRESIDENT, THE STATE SUPERINTENDENT IS SECRETARY ; IT MUST KEEP A RECORD OF ITS PROCEEDINGS, AND SUCCEEDS TO ALL THE POWERS OF "THE PRESIDENT AND DIRECTORS OF THE LITERARY FUND." THIS BOARD MAY MAKE RULES FOR THE GOVERNMENT AND REGULATION OF THE PUBLIC SCHOOLS AND HAS VESTED IN IT THE PROPERTY AND MAN- AGEMENT OF THE LITERARY FUND OF THE STATE.* 4030. INCORPORATED. The Governor, Lieutenant Governor, Secre- tary of State, Treasurer, Auditor, Superintendent of Public Instruc- tion and Attorney-General shall constitute the State Board of Edu- cation, and by the name, the State Board of Education, are created a corporation, and by that name may sue and be sued ; may have a common seal ; may acquire, receive and hold real, personal and mixed property, by purchase, gift, devise or otherwise, and may sell, dispose of and convey the same ; and may contract and be contracted with, for the purposes provided in this chapter and for such other purposes as may be prescribed by law, and to that end may make such by-laws for its government and the exercise of its po\vers, and alter the same from time to time in its discretion, as shall not be in conflict with the laws of the State and of the United States ; and shall be vested with all other powers conferred upon corporations under the general law relating to corporations. Const., Art. IX, ss. 8, 9, 10; Code, s. 2503; 1881, c. 200; 1903, c. 567, s. 7. 4031. OFFICERS ; QUORUM ; MEETINGS ; EXPENSES. Of the board, the Governor shall be president, the Superintendent of Public In- struction shall be secretary, and the Treasurer of the State shall be treasurer, and a majority of the board shall constitute a quo- rum for the transaction of business. The board shall hold its meet- ings in the Executive office, and shall meet at such times as a majority of the members may appoint ; but the Governor may call a meeting at any time. The contingent expenses of the board shall be provided for by the General Assembly. Const., Art. IX, ss. 9, 12, 13 ; Code, s. 2504 ; 1881, c. 200, s. 2. 4032. PROCEEDINGS RECORDED. All the proceedings of the board shall be recorded in a well-bound and suitable book, which shall be kept in the office of the Superintendent of Public Instruction. Code, s. 2505 ; 1881, c. 200, s. 3. *The State Board of Education, in addition to the above, has control of the Colored Normal Schools (Rev. 1905, 4180-4186), and is the Text-book Commission (Rev. 1905, 4057-4084). The State Board also elects directors of State Normal and Industrial College (Rev. 1905, 4252). The trustees of the East Carolina Training School are also elected by this board (Laws 1907). SECTIONS 4033-35. 23 4033. SUCCEEDS TO POWERS AND PROPERTY, ETC., OF LITERARY FUND. The State Board of Education shall succeed to all the powers and trusts of the "president and directors of the literary fund of North Carolina," and shall have full power to legislate and make all needful rules and regulations for the government of the public schools and for the management of the State educational fund ; but all such acts, rules and regulations of the board may be altered, amended or repealed by the General Assembly, and when so altered, amended or repealed shall not be reenacted by the board ; and the board shall succeed to and have all the property, powers, rights, privileges and advantages which in anywise be- longed or appertained to the "president and directors of the liter- ary fund of North Carolina," and may, in its own name, assert, use, apply and enforce the same. Const., Art. IX, s. 10; Code, s. 2506; 1881, c. 200, s. 4 ; R. C., c. 66 ; R. S., cc. 66, 67. 4034. ACCOUNTS KEPT; REPORTS MADE. The State Treasurer shall keep a fair and regular account of all the receipts and disburse- ments of the State literary fund, and shall report the same to the General Assembly at the same time when he makes his biennial account of the ordinary revenue; and the State Board of Educa- tion shall report to the General Assembly the manner in which the fund has been applied or invested, with such recommendations for the improvement of the same as to it shall seem expedient. Code, s. 2507; R. C., c. 66, s. 4; 1825, c. 1268, s. 2; 1903, c. 567, s. 1. 4035. How FUNDS INVESTED. The State Board of Education is authorized to invest in North Carolina four per cent bonds or in other safe interest-bearing securities, the interest on which shall be used as may be directed from time to time by the General As- sembly for school purposes. 1891, c. 369. NOTE. Sections 4036-4052 concern Swamp Lands. III. LOANS FOR BUILDING SCHOOLHOUSES. Summary: THE STATE BOARD MAY MAKE LOANS FROM THE LITER- ARY FUND TO THE COUNTY BOARD FOR BUILDING SCHOOLHOUSES, ANY SUCH LOAN TO BE RELOANED BY THE COUNTY BOARD TO THE SCHOOL DISTRICT. SUCH LOANS BEAR 4 PER CENT INTEREST AND ARE A LIEN ON ALL THE COUNTY SCHOOL FUNDS, AND MUST BE REPAID IN TEN 24 SECTIONS 4053-55. EQUAL INSTALLMENTS. ALL LOANS ABE MADE UNDER SUCH EULES AND REGULATIONS AS THE STATE BOARD MAY ADOPT.* 4053. MADE BY STATE BOARD. The State Board of Education, under such rules and regulations as it may deem advisable, not inconsistent with the provisions of this chapter, may make loans from the State literary fund to the county board of education of any county for the building and improving of public-school houses in such county ; but no warrant for the expenditure of any money for such purposes shall be issued by the Auditor except upon the order of the State Superintendent of Public Instruction, with the approval of. the State Board of Education. 1903, c. 567, ss. 1, 2, 8. 4054. TERMS OF. Loans made under the provisions of this chap- ter shall be payable in ten installments, shall bear interest at four per centum, payable annually, and shall be evidenced by the note of the county board of education, executed by the chairman and secretary thereof, and deposited with the State Treasurer. The first installments of such loan, together with the inte'rest on the whole amount then due, shall be paid by the county board on the tenth day of February after the tenth day of August, subsequently to the making of such loan, and the remaining installments, to- gether with the interest, shall be paid, one each year, on the tenth day of February of each subsequent year, till all shall have been paid. 1903, c. 567, s. 3. 4055. How SECURED AND PAID. At the January meeting of the county board of education, before any installment shall be due on the next tenth day of February, the county board shall set apart out of the school funds an amount sufficient to pay such installment and interest to be due, and shall issue its order upon the treasurer of the county school fund therefor, who, prior to the tenth day of February, shall pay over to the State Treasurer the amount then due. And any amount loaned under the provisions of this law shall be a lien upon the total school funds of such county, in what- soever hands such fund may be; and upon failure to pay any installment or interest, or part of either, when due, the State Treas- urer may deduct a sufficient amount for the payment of the same out of any fund due any county from any special State appropria- tion for public schools, or he may bring action against the county board of education of such county, any person in whose possession *The State -Superintendent, on application, will furnish the rules regulating this subject. SECTION 4056. 25 may be any part of the school funds of the county, and the tax collector of such county ; and if the amount of school fund then on hand be insufficient to pay in full the sum so due, then the State Treasurer shall be entitled to an order directing the tax collector of such county to pay over to the State Treasurer all moneys col- lected for school purposes until such debt and interest shall have been paid. 1903, c. 567, s. 4. 4056. LOANS BY COUNTY BOARDS TO SCHOOL DISTRICTS. The county board of education, from any sum borrowed under the provisions of this chapter, may make loans to any district in such county for the purpose of building schoolhouses in such district, and the amount so loaned to any district shall be payable in ten annual installments, with interest thereon at four per centum, payable annually. At the January meeting of such county board it shall deduct from the apportionment made to any district which has borrowed under the provisions of this chapter the installment and interest then due, and shall continue to deduct such amount at each annual January meeting until the whole amount shall hate been paid, together with interest. 1903, c. 567, s. 5. NOTE. Sections 4057-4084 concern the Text-book Commission. [Under this section the county board of education may make an additional apportionment out of its building fund to assist a dis- trict to repay its annual interest and installment on its loan.] IV. THE SCHOOL SYSTEM AND THE COURSE OF STUDY. Summary: THE SYSTEM OF PUBLIC EDUCATION MUST BE UNIFORM AND FREE TO ALL CHILDREN BETWEEN THE AGES OF SIX AND TWENTY- ONE YEARS. SEPARATE SCHOOLS MUST BE PROVIDED FOR WHITE, COL- ORED AND INDIAN CHILDREN, WITHOUT RACE DISCRIMINATION. THE COURSE OF STUDY MUST INCLUDE SPELLING, READING, WRITING, ARITH- METIC, DRAWING, LANGUAGE LESSONS AND COMPOSITION, ENGLISH GRAMMAR, GEOGRAPHY, HISTORY OF NORTH CAROLINA AND THE UNITED STATES, AND ELEMENTS OF CIVIL GOVERNMENT, CONTAINING THE CON- STITUTIONS OF NORTH CAROLINA AND OF THE UNITED STATES, AND TEXT-BOOK INSTRUCTION IN PHYSIOLOGY AND HYGIENE. OTHER SUB- JECTS MAY BE TAUGHT IN ELEMENTARY SCHOOLS WHEN PRESCRIBED BY THE STATE BOARD OF EDUCATION. THE STATE SUPERINTENDENT PRE- SCRIBES THE COURSE OF STUDY FOR HIGH SCHOOLS UNDER THE LAWS OF 1907. ALL SCHOOL OFFICIALS ARE REQUIRED TO TAKE OATH FOR THE FAITHFUL PERFORMANCE OF THEIR DUTIES. 26 SECTIONS 4085-87. 4085. UNIFORM SYSTEM; COMPULSORY ATTENDANCE. The people have the right to the privilege of education, and it is the duty of the State to guard and maintain that right ; and, religion, morality and knowledge being necessary to good government and the happi- ness of mankind, schools and the means of education shall forever be encouraged. The General Assembly shall provide, by taxation and otherwise, for a general and uniform system of public schools, wherein tuition shall be free of charge to all children of the State between the ages of six and twenty-one years; and the General Assembly is empowered to enact that every child of sufficient men- tal and physical ability shall attend the public schools, during the period between the ages of six and eighteen years, for a term of not less than sixteen months, unless educated by other means. Const., Art. I, s. 27 ; Art. IX, ss. 1, 2, 15. 4086. SEPARATE SCHOOLS FOR RACES; NO DISCRIMINATION AGAINST EITHER RACE. The children of the white race and the children of the colored race shall be taught in separate public schools, but there shall be no discrimination in favor of or to the prejudice of either race. All white children shall be taught in the public schools provided for the white race, and all colored children shall be taught in the public schools provided for the colored race; but no child with negro blood in his veins, however remote the strain, shall attend a school for the white race, and no such child shall be considered a white child. The descendants of the Croatan Indians now living in Robeson and Richmond counties shall have separate schools for their children, as hereinafter provided in this chapter. Const, Art. IX, s. 2 ; 1901, c. 4, s. 68 ; 1903, c. 435, s. 22. [It is the duty of the county boards of education to provide sepa- rate school facilities for the Cherokee Indian children residing in the western part of this State, when not otherwise provided /or.] 4087. WHAT TAUGHT. The branches to be taught in all the pub- lic schools shall be spelling, reading, writing, arithmetic, drawing, language lessons and composition, English grammar, geography, the history of North Carolina and the United States and elements of civil government containing the Constitution of North Carolina and of the United States, elements of agriculture and oral and text-book instruction in elementary physiology and hygiene, includ- ing the nature and effect of alcoholic drinks and narcotics : Pro- vided, that in public schools employing more than one teacher the elements of civil government, physiology and hygiene, including the nature and effect of alcoholic drinks and narcotics and such other SECTIONS 4088-89. 27 subjects of study as the State Board of Education may direct, shall be taught, after adequate provision shall have first been made for the thorough teaching of the branches before named. 1905, c. 533, s. 9 ; 1901, c. 4, s. 37. [High-school branches cannot be taught in schools having only one teacher, and may be taught in schools having more than one teacher only after adequate provision lias first been made for the thorough teaching of the elementary branches mentioned in this section.] 4088. OATH OF OFFICE TAKEN BY OFFICIALS. The members of the county board of education, the school committeemen and the county superintendent of public instruction shall, before entering upon the duties of office, take oath for the faithful performance thereof. 1901, c. 4, s. 45. V. THE GENERAL POWERS AND DUTIES OF THE STATE SUPERINTENDENT. Summary: THE SUPERINTENDENT is REQUIRED TO PUBLISH THE SCHOOL LAW, MAKE A BIENNIAL REPORT TO THE GOVERNOR, KEEP HIS OFFICE AT THE CAPITAL, AND SIGN ALL ORDERS FOR MONEY PAID OUT OF STATE TREASURY FOR EDUCATIONAL PURPOSES. HE HAS GENERAL DIRECTION OF THE SCHOOL SYSTEM AND THE ENFORCEMENT OF THE SCHOOL LAW, ALL SCHOOL OFFICERS BEING REQUIRED TO OBEY HIS IN- STRUCTIONS AND HIS INTERPRETATION OF THE LAW. HE IS REQUIRED TO BE ACQUAINTED WITH THE EDUCATIONAL CONDITION OF ALL SEC- TIONS OF THE STATE, AND HE MUST ALSO KEEP IN TOUCH WITH THE EDUCATIONAL PROGRESS OF OTHER STATES.* 4089. SHALL EQUIP OFFICE, PRINT AND CIRCULATE SCHOOL LAW, SUPERINTEND PUBLIC SCHOOLS. The Superintendent of Public In- struction of North Carolina shall have the school laws published in pamphlet form and distributed on or before the first day of May of each year. He shall send to each officer a circular letter enumerating his duties as prescribed in this chapter. He shall have printed all the forms necessary and proper for the purposes *In addition to these general duties, the State Superintendent has the follow- ing duties: Supervision and control of normal department of Cullowhee High School, Rev. 1905, 4228; secretary Text-book Commission, Rev. 1905, 4057; trustee of State Library, Rev. 1905, 5069; president of board of directors State Normal and Industrial College, Rev. 1905, 4252; chairman of trustees of East Carolina Training School, Laws 1907; chairman State Board of Examiners, Laws 1907; prescribes course of study for public high schools, Laws 1907; makes rules and regulations for rural libraries, Rev. 1905, 4175; and member board of trustees of Appalachian Training School, Laws 1907. 28 SECTIONS 4090-92. of this chapter, and he is hereby authorized to have printed as other public printing and distributed such educational bulletins as he shall deem necessary for the professional improvement of teachers and for the cultivation of public sentiment for public edu- cation, and shall look after the school interests of the State, and report biennially to the Governor, at least five days previous to each regular session of the General Assembly, which report shall give information and statistics of the public schools and recom- mend such improvements in the school law as may occur to him. He shall keep his office at the seat of government, and shall sign all requisitions on the Auditor for the payment of money out of the State Treasury for school purposes. Copies of his acts and decisions and of all papers kept in his office and authenticated by his signature and official seal shall be of the same force and valid- ity as the original. He shall be furnished with such room, fuel, and stationery as shall be necessary for the efficient discharge of the duties of his office. 1909, c. 525. 4090. SHALL CONSTRUE AND ENFORCE LAW ; ASCERTAIN BEST SCHOOL METHODS. He shall direct the operations of the system of public schools and enforce the laws and regulations in relation thereto. The county board of education and all other school officers in the several counties shall obey the instructions of the State Superin- tendent and accept his constructions of the school law. It shall be his duty to correspond with leading educators in other States and to investigate systems of public schools established in other States, and, as far as practicable, render the results of educa- tional efforts and experiences available for the information arid aid of the Legislature and State Board of Education. 1901, c. 4, s. 8 ; 1903, c. 435, s. 1. 4091. SHALL COUNSEL COUNTY BOARDS ; HOLD INSTITUTES, ETC. It shall be his duty to acquaint himself with the peculiar educational wants of the several sections of the State, and he shall take all proper means to supply such wants, by counseling with county boards of education and county superintendents, by lectures be- fore teachers' institutes and by addresses to public assemblies on subjects relating to public schools and public-school work. 1901, c. 4, s. 9. 4092. DUTIES AS TO LOAN FUND. He shall go to any county when necessary for the due execution of the law creating a permanent loan fund for the erection of public-school houses. He shall in- SECTION 4093. 29 elude in his annual reports a full showing of everything done un- der the provisions of the law creating the permanent loan fund for the erection of public-school buildings. 1903, c. 751, ss. 11, 12. VI. SCHOOL FUNDS PROVIDED BY THE STATE. Summary: 1. THE INCOME OF THE PERMANENT SCHOOL FUNB, OB LITERARY FUND, CONSISTS OF THE PROCEEDS OF THE FOLLOWING I (d) LAND GRANTS FROM UNITED STATES; (6) MONEYS, STOCKS, BONDS; (c) SALES OF SWAMP LANDS; (d) GRANTS, GIFTS OR DEVISES. ALL THESE SOURCES OF INCOME ARE AT PRESENT UNPRODUCTIVE EXCEPT (c). THE STATE BOARD OF EDUCATION NOW USES THE LITERARY FUND TO AH) IN BUILDING SCHOOLHOUSES, WHICH MAKES INOPERA- TIVE SECTIONS 4094-4096 BELOW. SEE SECTIONS 4053-56. 2. THE ANNUAL STATE APPROPRIATION OF $125,000 FOR PUBLIC SCHOOLS, DISTRIBUTED PER CAPITA ACCORDING TO SCHOOL POPULATION, AND AN ADDITIONAL ANNUAL APPROPRIATION OF $100,000 FOR THE PURPOSE OF SECURING A FOUR-MONTHS SCHOOL IN ALL THE SCHOOL DISTRICTS OF THE STATE* IN ALL, $225,000 ANNUALLY. 4093. SPECIAL PERMANENT FUND. The proceeds of all lands that have been or may hereafter be granted by the United States to this State and not otherwise appropriated by this State or the United States; also all moneys, stocks, bonds and any other prop- erty now belonging to any State fund for the purposes of educa- tion ; also the net proceeds of sales of swamp lands belonging to the State, and all other grants, gifts or devises that have been made or hereafter may be made to this State and not otherwise appropriated by this State or by the terms of the grant, gift or devise, shall be paid into the State Treasury, and, together with so much of the ordinary revenue of the State as may be set apart for that purpose, shall be faithfully appropriated for establishing and maintaining a system of free public schools, as established in pursuance of the Constitution, and for no other purpose what- soever. And all funds of the State heretofore derived from the sources enumerated in section four, article nine of the State Con- stitution, and all funds that may be hereafter so derived, together with any interest that may accrue thereon, shall be a fund sepa- rate and distinct from the other funds of the State, to be known as the State literary fund. Const., Art. IX, s. 4 ; 1901, c. 4, s. 4 ; 1903, c. 567, s. 1. *The sum of $7,500 for the establishment of rural libraries is deducted bien- nially from this additional $100,000. The total literary fund now amounts to $456,470.50. 30 SECTIONS 4094-97. 4094. APPORTIONMENT OF INCOME OF SCHOOL FUND. The State Board of Education shall, on the first Monday in August of each and every year, apportion among the several counties of the State all the school funds which may be then in the treasury of the board and order a warrant for the full apportionment to each county, which apportionment shall be made on the basis of the school population ; but no part of the permanent school fund shall be apportioned or distributed, but only the income therefrom. The State Auditor shall keep a separate and distinct account of the public-school funds and of the income and interest thereof, and also of such moneys as may be raised by State, county and capita- tion tax, or otherwise, for school purposes. 1901, c. 4, s. 1. 4095. APPORTIONMENT, HOW PAID. Upon the receipt of the requi- sition of the treasurer of any county, duly approved by the chair- man and secretary of the county board of education, for the school fund which may have been apportioned to such county, the State Board of Education shall issue its warrant on the State Auditor for the sum due such county, whereupon the Auditor shall draw his warrant on the treasurer of the State Board of Education in favor of such county treasurer for the amount set forth in the warrant of the State Board. 1901, c. 4, s. 2. 4096. WARRANTS, HOW DRAWN AND ENDORSED. The State Treas- urer shall receive and hold as a special deposit all school funds paid into the treasury, and pay them out only on the warrant of the Auditor, issued on the order of the State Board of Education in favor of a county treasurer, duly endorsed by the county treas- urer in whose favor it is drawn, and it shall be the only valid voucher in the hands of the State Treasurer for the disbursement of school funds. 1901, c. 4, s. 3. 4097. ANNUAL APPROPRIATION FOR DISTRIBUTION. One hundred and twenty-five thousand dollars is hereby appropriated annually out of the State Treasury for the benefit of the public schools, to be distributed to the respective counties of the State, per capita as to school population, on the first Monday in January of each year, using the school census of the previous scholastic year as a basis of apportionment: Provided, that the State Board of Education may deduct annually from said appropriation or from any other SECTIONS 4098-4105. 31 appropriation out of the State Treasury for public schools an amount not to exceed one thousand two hundred dollars, to be used in part payment of the salary and expenses of the Superintendent of the State Colored Normal Schools and inspector and director of the county institutes and teacher-training work of the State, to be paid by the State Treasurer only upon the warrant of the State Auditor, issued upon requisition of the State Superintendent of Public Instruction. 1901, c. 543, s. 1 ; 1909, c. 779. 4098. WARRANTS, HOW DRAWN. The Superintendent of Public In- struction shall issue warrants upon the State Auditor for the amount due each county under the next preceding section, such warrants to be drawn in favor of the county treasurer of each county, to be credited to the general public school fund of the county. 1901, c. 543, s. 2. 4099-4105 (SUBSTITUTE FOR). One hundred thousand dollars is hereby appropriated annually out of the State Treasury for the benefit of the public schools, to be apportioned by the State Board of Education as follows : The treasurer of the county school fund and the county superintendent of public instruction of each county in which a special tax has been levied by the county commis- sioners thereof to maintain one or more public schools in each school district of said county for a period of four months in each year shall make affidavit to the State Superintendent of Public Instruction, on or before the second Monday in January of each year, stating the rate of the special tax so levied by said commis- sioners in June of the preceding year, and said affidavit shall be accompanied with a certified copy of the itemized statement sub- mitted by the county board of education to the coujity commission- ers in accordance with which said levy of said special tax for schools was made, signed by the chairman of the county board of education and the county superintendent of public instruction, and such further information about the receipts and expenditures and apportionment of the school fund in said county as may be re- quired by the State Superintendent of Public Instruction; and thereupon the State Board of Education shall apportion to said county from said appropriation a sum of money equal to the amount so levied and to be derived from said special tax: Pro- vided, that if in any county that has levied a maximum special tax of five cents on the one hundred dollars valuation of property and 32 SECTION 4106. fifteen cents on the poll the funds are still insufficient to maintain in every school district one or more public schools for at least four months, an additional apportionment shall be made to said county of the additional amount necessary to provide a four-months school term in every school district in such county. The State Superin- tendent of Public Instruction shall issue a requisition on the State Auditor for the amount so apportioned to any county, who shall issue his warrant in favor of the county treasurer of said county for said amount, and the money shall be placed by said treasurer to the credit of the general public school fund of the county, to be used, first for providing a four-months school term in every school district, and any balance to be used for equalizing, as nearly as may be, the terms of all the public schools of said county. The balance of the State appropriation of one hundred thousand dollars herein provided shall be apportioned by the State Board of Educa- tion to the respective counties of the State, per capita as to school population, as provided for the apportionment of the one hundred thousand dollars appropriated under section four thousand and ninety-seven of the Revisal of one thousand nine hundred and five of North Carolina: Provided further, that the State Board of Education shall deduct from said appropriation biennially the sum of seven thousand five hundred dollars for rural libraries, as pro- vided in section four thousand one hundred and seventy-nine of the Revisal of one thousand nine hundred and five of North Caro- lina. That no county needing aid from this appropriation for a four-months school term in every district shall receive any funds therefrom until it shall have levied the special tax herein required of it for that purpose. 1909, c. 508. 4106. EXCESSIVE APPROPRIATIONS FOE SCHOOLHOUSES EXCLUDE FBOM BENEFITS OF THIS suBCHAPTEE. No appropriation shall be made to any county wherein has been expended or set aside during the fiscal year for the purpose of building schoolhouses a percentage of the total school fund of such county greater than the following : In counties with a total school fund of five thousand dollars or less, not to exceed twenty per centum thereof; in counties with a total school fund of over five thousand dollars and not more than ten thousand dollars, not to exceed sixteen per centum thereof; in counties with a total school fund of over ten thousand dollars and not more than twenty-five thousand dollars, not to exceed ten per centum thereof; in counties with a total school fund of over SECTION 4107. 33 twenty-five thousand dollars, not to exceed seven and one-half per centum thereof. Nor shall any appropriation be made under this subchapter to any county if it appear that the requirements of the school law in regard to the apportionment of funds to the various districts have not been complied with in all respects. 1903, c. 751, s. 10. VII. SCHOOL FUNDS PROVIDED BY COUNTY AND LOCAL TAXATION AND APPORTIONMENT OF THE SAME. Summary: 1. THE PROCEEDS OF THE SALE OF ESTRAYS ; ALL FINES, PENALTIES AND FORFEITURES ; LIQUOR LICENSE TAXES AND AUCTION- EERS' LICENSE TAX. 2. THE PROCEEDS OF THREE-FOURTHS OF THE GENERAL POLL TAX, THE MAXIMUM OF WHICH IS TWO DOLLARS, ON ALL MALE PERSONS BETWEEN TWENTY-ONE AND FIFTY YEARS OF AGE.* 3. THE PROCEEDS OF AN 18 CENTS TAX ON EACH $100 ASSESSED VALUATION OF REAL AND PERSONAL PROPERTY.* 4. THE PROCEEDS OF A MAXIMUM SPECIAL TAX OF 30 CENTS ON EACH $100 ASSESSED VALUATION OF PROPERTY AND 90 CENTS ON EACH POLL MAY BE LEVIED BY A MAJORITY VOTE OF THE QUALIFIED VOTERS OF ANY INCORPORATED TOWN OR SCHOOL DISTRICT. 5. THE PROCEEDS OF A MAXIMUM TOWNSHIP HIGH-SCHOOL TAX OF 30 CENTS ON EACH $100 ASSESSED VALUATION OF PROPERTY AND 90 CENTS ON EACH POLL MAY BE LEVIED BY. A MAJORITY VOTE OF THE QUALIFIED VOTERS OF ANY TOWNSHIP. 6. THE PROCEEDS OF SUCH SPECIAL SCHOOL TAX AS ANY TOWN OB CITY BY ITS CHARTER OR BY A SPECIAL ACT OF THE GENERAL ASSEM- BLY MAY ACQUIRE THE RIGHT TO LEVY BY THE APPROVAL OF A MA- JORITY OF ITS QUALIFIED VOTERS. THE APPORTIONMENT OF THE PROCEEDS OF THE STATE FUNDS AND THOSE INCLUDED IN 1-3 ABOVE IS CONTROLLED BY THE COUNTY BOARDS OF EDUCATION, ACCORDING TO SECTION 4116, BELOW ; ALL OTHER SCHOOL FUNDS ARE ENTIRELY UNDER THE CONTROL OF THE LOCAL SCHOOL COM- MITTEES OR BOARDS OF EDUCATION. 4107. COUNTY EDUCATIONAL FUND FOR FREE PUBLIC SCHOOLS. All moneys, stocks, bonds and other property belonging to a county school fund ; also the net proceeds from sales of estrays ; also the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall be paid *Revisal 1905, sees. 5109 and 5110; Constitution, Art. V, sees. 1 and 2. 5 34 SECTIONS 4108-10. by persons as equivalent for exemption from military duties ; also the net proceeds of any tax imposed on licenses to retailers of wines, cordials or spirituous liquors, and to auctioneers, shall be- long to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties as established in pursuance of the Consti- tution. The amount collected in each county shall be reported an- nually to the State Superintendent of Public Instruction. Const, Art. IX, s. 5 ; 1901, c. 4, s. 5. 4108. COUNTY OFFICERS FILE LIST OF FINES AND PENALTIES WITH COUNTY BOARD OF EDUCATION. The clerks of all State and municipal courts and the clerks or other officials having in custody the rec- ords of any city or town in the State shall furnish to the county board of education of their respective counties, on the first Mon- day of July and January of each year, a detailed statement of fines, forfeitures and penalties which go to the school fund, that have been imposed or which have accrued. 1901, c. 4, s. 62. 4109. TAX LISTS TO HAVE SEPARATE COLUMNS FOR SCHOOL TAXES. The Auditor shall include on the form which he furnishes to the board of county commissioners, and on which the tax lists are to be made out, separate columns for school poll tax and school property tax and for special county and district taxes on property and polls. In one of these columns shall be written the total poll tax levied by the State and by the county authorities for schools and due by the taxpayer. In the other column shall be written the total property tax levied by the State and by the county authorities and due by the taxpayer. 1901, c. 4, s. 60. 4110. REGISTER OF DEEDS TO FURNISH ABSTRACTS OF TAX LISTS TO COUNTY BOARD. The register of deeds shall furnish to the county board of education, as soon as the tax lists are made out, an ab- stract of such lists, showing in separate columns the total amount of poll tax on such lists, and also the total amount of property tax thereon, and also in another column the amount of special county and district poll taxes, and in a separate column the amount of special county and district property taxes; and shall furnish such other information from his office as the county board of education may require. 1901, c. 4, s. 61. SECTIONS 4111-12. 35 4111. SHERIFF'S LIABILITY, CIVIL AND CRIMINAL, FOR FAILURE TO SETTLE SCHOOL TAX. The sheriff of each county shall pay annually in money to the treasurer of the county school fund, on or before the thirty-first day of December of each year, the whole amount for school purposes collected by both State and county, less his lawful commission for collecting the same, and such sum as may be allowed on account of insolvents for the current year, and on failing to do so shall be liable to an action on his official bond for his default in such sum as will cover such default, such action to be brought to the next ensuing term of the Superior Court in the name of the State upon the relation of the board of county commissioners. In making settlement with the treasurer the sheriff or tax collector shall make separate account of insolvents and delinquents allowed, whether on property or capitation tax. The county superintendent shall make copies of the fines and pen- alties reported by justices of the peace and reported to clerk of Superior Court, and file the same with the county board. Code, s. 723 ; 1901, c. 4, s. 54 ; 1905, c. 533, s. 20. 4112 (SUBSTITUTE FOR). On or before the first Monday in June of each and every year the county board of education of each county shall ascertain the amount of money that will be needed to maintain the public schools of such county for four months dur- ing the succeeding school year. The board of education, using as a basis the receipts for school purposes during the current school year ending June thirtieth, shall ascertain the amount that will be available for school purposes from the regular school tax, from fines and penalties and from the amount appropriated under sec- tion four thousand and ninety-seven of the Revisal of one thou- sand nine hundred and five of North Carolina. If the amount to be received is less than the amount ascertained to be needed, the board of education shall submit a statement of the above facts to the board of county commissioners of such county ; and it shall be the duty of the board of county commissioners to levy a special tax on all property and polls in said county to supply one-half the deficiency for the support and maintenance of the public schools of such county for four months: Provided, that this special tax shall not be less than one cent on the one hundred dollars valua- tion of property and three cents on each poll, nor more than five cents on the one hundred dollars valuation of property and fifteen cents on each poll in any county. This tax shall be levied and collected as other county taxes are levied and collected, and the 36 SECTION 4113. funds thus raised shall be expended in such manner as the county board of education may determine for maintaining one or more public schools in each school district for four months in each year. The calculation of the amount that will be necessary shall state separately the amounts needed for supervision, for adminis- tration, for buildings and repairs, for expenses (this to be item- ized) and for salaries of teachers. The limitation placed by law on each of these objects shall not be exceeded. The county board of education shall further state the number of teachers, white and colored, to be employed in each district, and the salary of each teacher in each district, and the average of salaries to be paid, according to this statement, shall not exceed the average salaries paid in the State during the preceding year for white teachers and colored teachers, respectively. In the event of a disagreement between the county board of education and the board of county commissioners as to the rate of tax to be levied, the county board of education may bring an action in the nature of mandamus against the board of county commissioners to compel the levy of such special tax in the manner and form as provided in sections eight hundred and twenty-two and eight hundred arid twenty-four of the Revisal of one thousand nine hundred and five of North Carolina, and it shall be the duty of the judge hearing the same to find the facts as to the amount needed and the amount available from the sources herein specified, which finding shall be conclusive, and to give judgment, requiring the county commissioners to levy the sum which he shall find necessary to maintain the schools for four months in said county. 1909, c. 508. 4113. SPECIAL TAX MAY BE VOTED FOB TOWNSHIP HIGH SCHOOLS. In any township, upon petition of one-fourth of the freeholders of the township, approved by the county board of education, the board of county commissioners, after thirty days' notice at the courthouse door and three public places in the township, shall hold an election to ascertain the will of the people within the township whether there shall be levied in said township a special annual tax of not less than ten cents nor more than thirty cents on the one hundred dollars valuation of property and not less than thirty cents nor more than ninety cents on each poll, in addi- tion to all other taxes levied for all other purposes, to be used for the establishment of a central high school or high schools in said township, in case such special tax is voted. The board of SECTION 4113. 37 county commissioners shall appoint a registrar and order a new registration for said township, and said election shall be held in the said township under the law governing general elections, as nearly as may be, and the expenses of such election shall be paid out of the general county school fund. At said election those who are in favor of the levy and collection of said tax shall vote a ticket on which shall be printed or written the words "For High-school Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words "Against High- school Tax." In case a majority of the qualified voters at said election are in favor of said tax, then so much of the tax on property and polls herein provided for as in the judgment of the committee may be necessary shall be annually levied and collected in the manner prescribed for the levy and collection of other taxes. All moneys levied under the provisions of this section shall, upon collection, be placed by the treasurer of the county school fund to the credit of the township high-school committee, composed of three members, appointed by the county board of edu- cation, and shall be expended exclusively by said committee in establishing and maintaining one or more high schools in said township, under such rules and regulations as to its conduct and such course or courses of study as shall be prescribed by the State Superintendent of Public Instruction. The powers, duties and qualifications of the committeemen provided for in this section shall be similar to those of other school committeemen, and they shall have the same power to apportion the funds so raised as is conferred upon the county board of education for apportionment of the general fund among the schools of the township. And the provisions of this section shall not be so construed as to prevent the teaching of the elementary branches in such high schools as may be established, nor so construed as to prevent the county board of education from making such apportionment of public school funds to such high schools as they may deem equitable and just: Provided, that township high schools may also be estab- lished without the levying of a special high-school township tax, where the public funds are sufficient for that purpose, under such rules and regulations as to organization and course of study as the State Superintendent of Public Instruction shall prescribe: Provided further, that high-school subjects may be taught in all public schools employing more than one teacher, according to such rules and regulations as to organization and course of study as shall be prescribed by the State Superintendent of Public Instruc- 38 SECTIONS 4114-15. tion, where the public funds are sufficient to provide for such teaching; but the high-school branches taught in such schools shall not interfere with the thorough teaching of the elementary branches. 1905, c. 533, s. 13. 4114. SPECIAL TAX MAY BE VOTED IN CITIES AND TOWNS. In every incorporated city or town in which there is not now levied a special tax for schools, upon a petition signed by one-fourth of the freeholders therein, the board of aldermen or town commissioners of said city or town shall, at the date of municipal or general election next ensuing, upon the presentation of said petition, order an election to be held to ascertain the will of the people whether there shall be levied in such city or town a special annual tax of not more than thirty cents on the one hundred dollars valuation of property and ninety cents on the poll to supplement the public- school fund in such city or town. Said election shall be held in the different election precincts or wards under the law governing municipal or general elections in said cities or towns. At said election those who are in favor of the levy and collection of said tax shall vote a ticket on which shall be printed or written the words "For Special Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words "Against Special Tax." In case a majority of the qualified voters at said election is in favor of said tax, the same shall be annually levied and collected in such town or city in the manner prescribed for the levy and collection of other city taxes. All moneys levied under the provisions of this section shall, upon collection, be placed to the credit of the town school committee, composed of not less than five nor more than seven members, appointed by the board of alder- men for said city or town, and shall be by said committee expended exclusively upon the public schools in said city or town ; and there shall be but one school district in the said city or town, in which there may be established one or more schools for each race, and the school committee shall apportion the money among said schools in such manner as in their judgment will equalize school facilities. 1901, c. 4, s. 71. 4115. SPECIAL TAX MAY BE VOTED IN SPECIAL SCHOOL DISTRICTS. Special school-tax districts may be formed by the county board of education in any county, without regard to township lines, under the following conditions: Upon a petition of one-fourth of the freeholders within the proposed special school district, in whose SECTION 4115. 39 names real estate in such district is listed in the tax lists of the current fiscal year, endorsed by the county board of education, the board of county commissioners, after thirty days' notice at the courthouse door and three public places in the proposed district, shall hold an election to ascertain the will of the people within the proposed special school district whether there shall be levied in such district a special annual tax of not more than thirty cents on the one hundred dollars valuation of property and ninety cents on the poll to supplement the public-school fund which may be ap- portioned to such district by the county board of education in case such special tax is voted. The board of county commissioners shall appoint a registrar and two pollholders, and shall designate a polling place and order a new registration for such district, and the election shall be held in the district under the law governing general elections, as near as may be, and the registrar and poll- holders shall canvass the vote cast and declare the result, and shall duly certify the returns to the board of county commissioners, and the same shall be recorded in the records of said board of commis- sioners: Provided, the expense of holding said election shall be paid out of the general school fund of the county. At such election those who are in favor of the levy and collection of the tax shall vote a ticket on which shall be printed or written the words "For Special Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words "Against Special Tax." In case a majority of the qualified voters at the election is in favor of the tax, the same shall be annually levied and collected in the manner prescribed for the levy and collection of other taxes. All moneys levied under the provisions of this section shall, upon collection, be placed to the credit of the school committee in such district, which committee shall be appointed by the county board of education, and such school committee shall apportion the money among the schools in such district in such manner as in its judg- ment shall equalize school facilities. Upon the written request of a majority of the Committee or trustees of any special-tax district, the county board of education may enlarge the boundaries of any special-tax district established under this section, or by special act or charter of the General Assembly of North Carolina, so as to in- clude any contiguous territory, and an election in such new terri- tory may be ordered and held in the same manner as prescribed in this section for elections in special-tax districts; and in case a majority of the qualified voters in such new territory shall vote at such election in favor of a special tax of the same rate as that 40 SECTION 4116. voted and levied in the special-tax district to which said territory is contiguous, then the new territory shall be added to and become a part of the said special-tax district ; and in case a majority of the qualified voters at such election shall vote against said tax, the district shall not be enlarged. Upon petition of two-thirds of the qualified voters residing in any special-tax district established under this section, endorsed and approved by. the county board of education, the board of county commissioners shall order an- other election in said district for submitting the question of re- voking said tax and abolishing said district, to be held under the provisions prescribed in this section for holding other elections: Provided, that no election for revoking a special tax in any special- tax district shall be ordered and held in said district within less than two years from the date of the election at which the tax was voted and the district established, nor at any time within less than two years after the date of the last election on said question in said district; and no petition revoking such tax shall be ap- proved by the county board of education oftener than once in two years, and if at such election a majority of the qualified voters in said district shall vote "Against Special Tax," said tax shall be deemed revoked and shall not be levied, and said district shall be discontinued: Provided further, that the provisions for ordering a new election to revoke a special tax in any special-tax distrfcf shall not apply to elections in such districts for increasing or restoring the special-tax levy in such district, which elections may be ordered and held at any time in accordance with the provisions of this section for establishing new special-tax districts. 1901, c. 4, s. 72; 1903, c. 435, s. 24; 1905, c. 533, s. 14; 1909, c. 525 ; 1911, c. 135. 4116. APPORTIONMENT OF SCHOOL FUNDS ; EESEEVATION OF CON- TINGENT FUND. The county board of education shall, on the first Monday in January and the first Monday in July of each year, apportion the school fund of the county to the various townships per capita; but it shall, before apportioning the school fund to the various townships, reserve as a contingent fund an amount sufficient to pay the salary of the county superintendent and per diem and expenses of the county board of education, and shall set aside one-sixth, if necessary, of the total school fund to be used in securing a four-months school term in every school in the county ; and may further reserve as a fund for building and repairing schoolhouses and for equipment, in counties with a total school fund of five thousand dollars or less, not more SECTION 4116. 41 \ * than twenty per centum thereof; in counties with a total fund of over five thousand dollars and not more than ten sand dollars, not more than sixteen per centum thereof ; in coun- ties with a total school fund of over ten thousand dollars and not more than twenty-five thousand dollars, not more than ten per centum thereof; in counties with a total school fund of over twenty-five thousand dollars, not more than seven and a half per centum thereof, to be used as directed in section four thousand one hundred and twenty-four. It shall be the duty of the county board of education to distribute and apportion the school- money of each township so as to give to each school in the township for each race the same length of school term, as nearly as may be, each year. In making such apportionment the board shall have proper regard for the grade of work to be done and the qualifica- tions of the teachers required in each school for each race. As soon as the apportionments are made, it shall be the duty of the board to notify the school committeeinen and the treasurer of the county school fund of the amount apportioned to each school, des- ignating each school by number, and stating whether for white, colored or Indian, and naming the township and county. Funds unused by any district during any year shall, if still unused at the January meeting subsequent to the close of the school year, be returned to the general school fund for reapportionment, unless such district shall have been prevented from using such funds during that year by providential or other unavoidable causes. 1901, c. 4, s. 24 ; 1903, c. 435, s. 9. [No county which does not apportion its school fund according to this section can legally ask for aid -from the second $100,000. The apportionment of the school fund, therefore, strictly accord- ing to this section, is highly important. The following are the successive steps to observe: 1. Determine, first of all, what the total school fund is. 2. Next reserve the contingent fund to pay the salary of the county superintendent and the mileage, per diem and expenses of the county board. 3. Reserve, if necessary, what may be needed for building, observing that the amount for this purpose is limited according to the amount of the total fund. 4. Ascertain the school population of the whole county, and calculate lohat the per capita is for each child, after deducting the sum of the contingent fund and the building fund. 6 42 SECTION 4116. 5. Multiply the per capita thus found by the whole number of children in each township, which will give the apportionment due each township. 6. Then fix the salary to be paid the teacher, white or black, of each school in each township, and also fix the amount of inci- dental expenses for each school. The sum of the salary for the term and the incidental expenses will be the apportionment to each district. 7. After this has been done, it can be easily ascertained what townships, if any, will not have a four-months term, and what townships, if any, will have more than a four-months term. If no township can thus be given a four-months term, the apportion- ment is then complete; but if it is found that some townships by this method will have more than a four-months term and some less, then as much of the school fund of those townships which will have more than a four-months term must be used to secure to all the schools of the other townships an increased school term by as much as one-sixth of the total fund apportioned will increase it. In other words, an amount equal to one-sixth of the total fund apportioned as above directed, if necessary, should be taken from, the apportionment to the stronger townships which will have more than a four-months term and used to aid the weaker townships to have as nearly as possible a four-months term. This reserve fund should be taken pro rata from the stronger townships and added to the fund of the weaker town- ships so as to equalize the school term. 8. If the apportionment made by adhering to the instructions in 1 to 6 above will result in giving all the schools of all the town- ships more than a four-months term, but will give to some town- ships a much longer term than to others, then it is the spirit of the law to use as much as one-sixth of the total fund apportioned to equalize the school term in the weaker townships. It should always be remembered that no per capita apportion- ment of the school fund directly to the district is a legal appor- tionment in any county, under this section, and that no other method of apportionment than that outlined above is legal and equitable. For instance, if one first-grade salary is fixed for a district containing sixty-five children of school age, and one first- grade salary is fixed for another district containing forty-five children of school age in the same township, the apportionment to each district would necessarily have to be the same, unless there was a difference in the necessary incidental expenses or in the kind of first-grade teacher to be employed. The law contem- plates only an apportionment to the township per capita, and then SECTIONS 4117-18. 43 such a distribution of the funds of the township as will give each district in the township, large or small in population, the same length of school term. This cannot be done, unless the board fixes the salary to be paid the teacher of each school in the township and apportions the school fund of the township accordingly. Of course, it would be entirely proper not to fix the same salary for every first-grade teacher, without regard to the grade of work required in each school and the qualifications of individual first- grade teachers. What has been said above does not apply to special local-tax funds under the control of the school committees. And, finally, the term "weak districts" necessarily applies to all the districts of a township, for there can otherwise be provided no such equality of school term in the townships as this section con- templates.'] 4117. APPORTIONMENT, BASIS OF. The semiannual apportionment of public-school money shall be based upon the amounts actually received by the county treasurer from all sources and reported by him to the county board of education, as required by this chapter. 1901, c. 4, s. 25. 4118. FISCAL SCHOOL YEAR. The fiscal school year shall begin on the first day of July and close on the thirtieth day of June next succeeding. 1901, c. 4, sec. 67. A Decision of the Superintendent. Would the investment of the proceeds of the sale of old school property in new property reduce by the amount of such proceeds the part of the general county school fund that may be annually invested in school building sf The purpose of limiting the amount of the school fund that can be annually expended for school buildings was to prevent the hurtful decrease of the school term. Using the proceeds of the sale of old school property for new and better property is simply exchanging school property, and need not be accounted for in the annual apportionment of the school fund of the county. VIII. THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION. Summary: THE COUNTY BOARD is COMPOSED OF THREE MEMBERS ELECTED BY THE GENERAL ASSEMBLY. CORPORATE POWERS AS TO AC- QUIRING, HOLDING AND DISPOSING OF SCHOOL PROPERTY ARE CON- FERRED ON THIS BOARD, AND IT HAS ADDITIONAL POWER TO MAKE 44 SECTION 4119. EEGULATIONS GOVEKNING THE ATTENDANCE OF PUPILS ON THE SCHOOLS AND OF TEACHERS ON EDUCATIONAL MEETINGS. -THIS BOARD ALSO CONTROLS THE TIME THE SCHOOLS MAY BE IN SESSION, THE BUILDING AND REPAIR OF ALL SCHOOLHOUSES, AND MAY CREATE OR ABOLISH OR CONSOLIDATE SCHOOL DISTRICTS. IN ADDITION TO THE EXERCISE OF THE USUAL CORPORATE POWERS, THIS BOARD MAY CONDEMN LAND FOR SCHOOL SITES AND MAY PUNISH FOR CONTEMPT. ALL NECESSARY POWER TO ENFORCE THE SCHOOL LAW IS CONFERRED ON THIS BOARD, WITH EXPLICIT POWER TO REMOVE THE COUNTY SUPERINTENDENT UPON THE COMPLAINT OF THE STATE SUPERINTENDENT, AND TO REMOVE ANY TEACHER FOR IMMORAL CONDUCT. 4119. ELECTION OF; VACANCIES IN, HOW FILLED. The General As- sembly of one thousand nine hundred, and nine shall appoint three men in each county, who shall constitute the county board of edu- cation one for a term of office of two years, one for a term of office of four years and one for a term of office of six years. The term of office of each shall begin on the first Monday in July next succeeding his appointment. Each succeeding General Assembly, at its regular session, shall appoint one member of the county board of education in place of the member whose term of office expires on the first Monday in July next succeeding that meeting of the General Assembly, and his term of office shall continue for six years from the first Monday in July next succeeding his ap- pointment and until his successor is duly appointed and qualified : Provided, that the provisions of this section shall not apply to those counties in w r hich the county boards of education were, at the general election of nineteen hundred and eight, elected by a vote of the people. No person shall be eligible as a member of the county board of education who is not known to be a man of intelligence, of good moral character, of good business qualifications and heartily in favor of public education. In case of a vacancy in the county board of education, by death, resignation or other- wise, such vacancy shall be filled by the remaining members of such county board; but if such vacancy should remain un- filled for thirty days after it occurs, it shall be filled by the State Board of Education. ,Upon failure of the General Assembly to appoint one or more members of the county board of education for any county as herein provided, such failure shall constitute a vacancy, which shall be filled by the State Board of Education: Provided, that no person, while actually engaged in teaching in the public schools, shall be eligible as a member of the county board of. education. 1901, c. 4, s. 12 ; 1903, c. 269, c. 439, s. 3 ; 1905, c. 533, s. 3 ; 1909, c. 435. SECTIONS 4120-22. 45 4120. QUALIFICATION OF MEMBERS ; FAILURE TO QUALIFY ; VACANCY. Those persons who shall be appointed members of the county board of education by the General Assembly must qualify by taking the oath of office on or before the first Monday in July next succeeding their appointment. A failure to qualify within that time shall constitute a vacancy, which shall be filled by the State Board of Education. Those persons who shall be elected or appointed to fill a vacancy must qualify within thirty days after notification thereof. A failure to qualify within that time shall constitute a vacancy, to be filled by the board which made such election or appointment. 4121. INCORPORATED ; POWERS AND DUTIES OF. The county board of education shall be a body corporate by the name and style of the County Board of Education of County, and by that name shall be capable of purchasing and holding real and personal estate, of building and repairing schoolhouses, of selling and transferring the same for school purposes, and of prosecuting and defending suits for or against the corporation. It shall have power and authority, and it shall be its duty, to institute and prosecute any and all actions, suits or proceedings against any and all officers, persons or corporations, or their sureties, for the recovery, preservation and application of all moneys or property which may be due to or should be applied to the support and main- tenance of the schools, except in case of a breach of his bond by the treasurer of the county school fund, in which case action shall be brought by the county commissioners as is hereinafter provided. 1901, c. 4, s. 13 ; 1903, c. 435, s. 4. 4122. RULES AND REGULATIONS FOR SCHOOLS, TEACHERS AND PUPILS. The county board of education shall have power and authority to fix and determine the method of conducting the public schools in their respective counties, so as to furnish the most advantageous method of education available to the chil- dren attending the public schools in the several counties of the State; and such board and the county superintendent of public instruction shall have full power to make all just and needful rules and regulations governing the conduct of teachers and pupils as to attendance on the schools, discipline, tardiness and the gen- eral government of the schools. 1903, c. 435, s, 4. 46 SECTIONS 4123-24. [Under the provisions of this section the county board and the county superintendent may make and enforce such attendance regulations as may be necessary to secure regular and prompt attendance on the part of the children. The same authority may also regulate the attendance of teachers on all meetings which may be thought to promote educational progress.] 4123. TIME OF OPENING AND CLOSING SCHOOLS. The time of open- ing and closing the public schools in the several public-school dis- tricts of the State shall be fixed and determined by the county board of education in their respective counties. The board may fix different dates for opening the schools in different townships, but all the schools of each township must open on the same date, as nearly as practicable. 1903, c. 435, s. 4. [This section simply mieans that the school term must not be divided and taught during different seasons of the year unless some epidemic or other providential cause interferes ivith the regular term. The county board must exercise this control if it would carry out tJie provisions of section 4124. SCHOOLHOUSES, BUILDING AND APPROVAL OF ; CONTRACTS FOR. The building of all new schoolhouses shall be under the control and direction of and by contract with the county board of educa- tion. The board shall pay not exceeding one-half of the cost of the same out of the fund set aside for building, under section four thousand one hundred and sixteen, and the school district in which any schoolhouse is erected shall pay the other part, and upon failure of such district to provide its part by private sub- scription, or otherwise, the board is directed to take it out of the apportionment to that district; but the board shall not be author- ized to invest any money in any new house that is not built in accordance with plans approved by the State Superintendent of Public Instruction. All contracts for buildings shall be in writing, and all buildings shall be inspected, received and approved by the county superintendent of public instruction before full pay- ment is made therefor. 1903, c. 435, s. 4. [This means that the county board, out of the building fund which it may reserve by the provisions of section Iill6, shall pay not exceeding one-half the cost of building any new schoolhouse, the other part of the expense to be borne by the district; but the SECTIONS 4125-26. 47 board has complete control of the whole subject, and may forbid the erection of a schoolhouse in a district which ought not to- exist. It must be remembered that no house can be built except m accordance with plans approved by the State Superintendent, and the county board is charged with the duty of carrying into effect this provision to secure neat, comfortable and attractive houses. Pamphlets containing plans of such houses as will be approved by the State Superintendent, together with specifications, esti- mates of cost and bills for material, will be furnished by the State Superintendent on application.] 4125, POWER OF, TO EXECUTE SCHOOL LAW. In addition to all other duties and powers imposed and conferred upon it by law, the county board of education shall have general control and supervision of all matters pertaining to the public schools in their respective counties, and are given the powers to execute and are charged with the due execution of the school laws in their respec- tive counties ; and all powers and duties conferred and imposed by this chapter and other laws of the State respecting public schools which are not expressly conferred and imposed upon some other official are conferred and imposed upon the county boards of education, and an appeal shall lie from all other county school officers to such board. 1901, c. 4, s. 14. 4126. REMOVAL OF COUNTY SUPERINTENDENT, MEMBERS OF COUNTY BOARD AND SCHOOL coMMiTTEEMEN. In case the State Superintend- ent shall have sufficient evidence at any time that any county su- perintendent of public instruction or any member of the county board' of education is not capable of discharging or is not dis- charging the duties of his office, as required by this chapter, or is guilty of immoral or disreputable conduct, he shall report the mat- ter to the county board of education, which shall hear evidence in the case ; and if, after careful investigation, it shall find sufficient cause for his removal, it shall declare the office vacant at once and proceed to elect his successor. Either party may appeal from the decision of the county board of education to the State Board of Education, which shall have full power to investigate and review the decisions of the county board of education. This section shall not deprive any county superintendent of the right to try his title to his office in the courts of the State. In case the county superin- tendent shall have sufficient evidence at any time that any mem- ber of any school committee is not capable of discharging or is not 48 SECTIONS 4127-29. discharging the duties of his office, he shall bring the matter to the attention of the county board of education, which shall thor- oughly investigate the charges, and shall remove such committee- man and appoint a successor, if sufficient evidence shall be pro- duced to warrant his removal and the best interests of the schools demand it. 1901, c. 4, ss. 10, 42. 4127. MAY HOLD INVESTIGATIONS ; ISSUE SUBPCENAS ; SERVICE OF SAME; APPEAL TO SUPERIOR COURT. The county board of education shall have power to investigate and pass upon the moral charac- ter of any teacher in the public schools of the county, and to dis- miss such teacher if found of bad moral character ; also to inves- tigate and pass upon the moral character of any applicant for a teacher's certificate or for employment as teacher in any public school in the county. Such investigation shall be made, after written notice of not less than ten days, to the person whose char- acter is to be investigated. The board shall have power to issue subpoenas for the attendance of witnesses. Subpoenas may be issued in any and all matters which may lawfully come within the powers of the board and which in the discretion of the board require investigation ; and it shall be the duty of the sheriffs, coroners and constables to serve such subpoenas upon payment of their lawful fees. Appeals provided for in this chapter shall be regulated by rules to be adopted by the board. The Superior Courts of the State may review any action of the county board of education affecting any one's character or right to teach. 1901, c. 4, s. 15. 4128. POWER TO PUNISH FOR CONTEMPT. The county board of education of each county shall have power to punish for contempt for any disorderly conduct or disturbance tending to interrupt it in the transaction of official business. 1901, c. 4, s. 28. 4129. SCHOOL DISTRICTS, HOW FORMED. The county board of edu- cation shall divide the townships into convenient school districts, as compact in form as practicable. It shall consult the conven- ience and necessities of each race in setting the boundaries of the school district for each race, and shall establish no new school in any township within less than three miles by the nearest traveled route of some school already established in said township, nor shall it create any school district with less than sixty-five chil- SECTION 4130. 49 dren of school age, unless such district shall contain at least twelve square miles or shall be separated by dangerous natural barriers from a schoolhouse in the district of which the proposed new district is a part. Nothing in this chapter shall prevent the board, whenever it shall deem it necessary for the good of the public schools, from forming a school district out of portions of two or more contiguous townships. School districts may be formed out of portions of contiguous counties by agreement and consent of the county boards of education of the two counties, and in case of the formation of such districts the per capita part of the publicjschool money due the children residing in one county shall be apportioned by the county board of education of that county and paid to the treasurer of the other county in which the schoolhouse is located, to be placed to the credit of the school dis- trict so formed. The county board of education of any county is authorized and empowered to change the boundary lines between local-tax school districts in said county upon satisfactory evidence furnished to said board that the convenience and best interests of the resi- dents of the districts require such change: Provided, that this authority to change boundaries between local-tax districts shall not have the effect of releasing any taxpayer from the obligation of paying his school taxes, but shall be exercised only for trans- ferring said taxpayer and his property from one local-tax district to another in which the same rate of special taxation for schools is levied. Upon the consolidation of two or more school districts into one by the county board of education, the said county board of edu- cation is authorized and empowered to make provision for the transportation of pupils in said consolidated district that reside too far from the schoolhouse to attend without transportation, and to pay for the same out of the apportionment to said consoli- dated districts: Provided, that the daily cost of transportation per pupil shall not exceed the daily cost per pupil of providing a sepa- rate school in a separate district for said pupils. 1901, c. 4, s. 29 ; 1903, c. 435, s. 12 ; 1905, c. 533, s. 7 ; 1909, c. 856 ; 1911, c. 135. 4130. MAY ACCEPT DONATIONS ; MAY SEIX SCHOOL PROPERTY. The county board of education may receive any gift, grant, donation, or devise made for the use of any school within its jurisdiction. When in the opinion of the board any schoolhouse, schoolhouse 50 SECTION 4131. site or other public school property has become unnecessary for public purposes, it may sell the same at public auction, after ad- vertisement of twenty days at three public places in the county, or at private sale. The deed for the property thus sold shall be executed by the chairman and secretary of the board, and the proceeds of the sale shall be paid to the treasurer of the county school fund. 1901, c. 4, ss. 30, 36. 4131. SCHOOL SITES MAY BE ACQUIRED BY GIFT, PURCHASE OR CON- DEMNATION. The county board. of education may receive suitable sites for school houses by donation or purchase. In case of pur- chase, it shall issue an order on its treasurer for the purchase money, and upon payment of the order the title to the site shall vest in the corporation in fee simple. Whenever the board is un- able to ob.tain a suitable site for a school by gift or purchase, it shall report to the county superintendent of public instruction,- who shall, upon five days' notice to the owner of the land, apply to the clerk of the Superior Court of the county in which the land is situated for the appointment of three appraisers, who shall lay off by metes and bounds not more than two acres, and assess the value thereof. The same means may be used to obtain more land in a district where there is a house or a site previously obtained, but not more than three acres shall be procured, including the site already obtained. They shall make a written report of their pro- ceedings, to be signed by them or by a majority of them, to the clerk, within five days from their appointment, who shall enter the same upon the records of the court. The appraisers and offi- cers shall serve without compensation. If the report is confirmed by the clerk, the chairman and the secretary of the board shall issue an order on the treasurer of the county school fund in favor of the owner of the land thus laid off, and upon the payment or offer of payment of this order the title to such land shall vest in fee simple in the corporation. Any person aggrieved by the action of the appraisers may appeal to the Superior Court in term, upon giving bond to secure the board against such costs as may be in- curred on account of the appeal not being prosecuted with effect. 1901, c. 4, s. 31 ; 1903, c. 435, s. 13 ; 1905, c. 533, s. 8 ; 1911, c. 135. [Several acres of land ought always to ~be secured for the site of a rural school, if possible.] SECTIONS 4132-34. 51 4132. DEEDS TO BE FILED WITH CLERK; SECRETARY TO KEEP INDEX. All deeds to the county board of education shall be registered and delivered to the clerk of the Superior Court for safe-keeping, and the secretary of the county board of education shall keep an index, by township and school districts, of all such deeds in a book for that purpose. 1901, c. 4, s. 32 ; 1903, c. 435, s. 14. [This section requires the county superintendent to keep a con- venient index of the deeds for all the school property of tJie county. ~\ 4133. MEETINGS OF; DUTIES AT. The county board of education shall meet on the first Monday in January, April, July and Octo- ber, and may, if necessary, continue in session two days, and it may have called meetings, of one day each, as often as once a month if the school business of the county require it. It shall, at the meetings in January, April, July, and October, examine the books and vouchers and audit the accounts of the treasurer of the county school fund. The boards of education of the several coun- ties shall cause to be published annually on the first Monday of August in some newspaper published in the county, or at the courthouse door if there be no newspaper published therein, an itemized statement of all receipts and expenditures of school funds. 1891, c. 460 ; 1901, c. 4, s. 27 ; 1903, c. 435, s. 26 ; 1905, c. 533, s. 21 ; 1911, c. 135. 4134. SUPERINTENDENT AND TREASURER TO MEET WITH, IN JULY, TO SETTLE ALL BUSINESS OF FISCAL YEAR. On the first Monday in July the county board of education, county superintendent of pub- lic instruction and treasurer shall meet at the office of the board and settle all the business of the preceding fiscal year. The board shall on that day examine the reports of treasurer and county su- perintendent, and if found correct shall direct them to be for- warded to the State Superintendent within thirty days thereafter. 1901, c. 4, s. 59 ; 1903, c. 435, s. 20. COMPENSATION OF MEMBERS OF BOARD. The members of the county board of education shall receive two dollars per diem and the same mileage as is allowed to the members of the board of county commissioners of their counties. Revisal of 1905, v. I, c. 66, s. 2786. 52 DECISIONS. Decision of State Superintendent. What is the duty of the county board in the selection of a super- intendent? The board has no more important duty than* this, of electing a county superintendent. I beg to urge the observance of the fol- lowing in the selection of a county superintendent: (1) Without fear, without prejudice, political or sectarian, hav- ing before your eyes only the welfare of the children and the suc- cess of the public schools, select the most competent man to be had for the money, choosing him from your county if such a man is to be found there, and if not to be found in the county, seeking him wherever he can be found, as the law permits. (2) If your present county superintendent possesses the necessary qualifica- tions for a successful administration of his delicate, difficult and important duties, as I trust he may, reeled him and give him a chance to show what is 1 in him and to make a greater success of his work, by paying him, if possible, a sufficient salary, under section 2782, to justify him in giving all his time and thought to the work of supervision and to justify you in requiring him to do this. (3) Take advantage of the law and pay your superintend- ent as large a salary as your school fund will justify ; but be sure that you get more man and more time for more money. IX. THE POWERS AND DUTIES OF THE COUNTY SUPERINTENDENT. Summary: THE COUNTY SUPEEINTENDENT is ELECTED FOR A TERM OF TWO YEARS BY THE COUNTY BOARD ON THE FIRST MONDAY IN JULY. HE MUST BE A MAN OF LIBERAL EDUCATION AND OF GOOD MORAL CHARACTER, AND MUST ALSO BE A PRACTICAL TEACHER OR HAVE HAD TWO YEARS' EXPERIENCE IN TEACHING. DURING THE PUBLIC-SCHOOL TERM HE MUST VISIT THE PUBLIC SCHOOLS, AND HE CANNOT ENGAGE IN SCHOOL WORK WHICH WILL NULLIFY THIS REQUIREMENT. THE COUNTY SUPERINTENDENT IS SECRETARY OF THE COUNTY BOARD, AND MUST HAVE HIS OFFICE AT THE COUNTY-SEAT. HE IS REQUIRED TO HOLD TOWNSHIP TEACHERS' MEETINGS, SUPERVISE THE WORK OF THE TEACHERS, ATTEND THE STATE ASSOCIATION OF COUNTY SUPERIN- TENDENTS, MUST INSTRUCT COMMITTEEMEN AS TO THEIR DUTIES, MUST DISTRIBUTE THE BLANK FORMS FURNISHED HIM BY THE STATE SUPERINTENDENT, MUST MAKE REPORTS TO THE STATE SUPERINTEND- ENT, AND HE MUST FURNISH STATISTICS AS TO THE NUMBER OF DEAF AND DUMB AND BLIND CHILDREN IN HIS COUNTY. IF THE COUNTY SECTIONS 4135-36. 53 SCHOOL FUND EXCEEDS $15,000 ANNUALLY, HE MAY BE PAID SUCH SALARY AS THE COUNTY BOARD MAY FIX ; OTHERWISE, HIS SALARY MAY BE FIXED AT FOUR PER CENT OF THE DISBURSEMENTS OF THEI SCHOOL FUND, OR IT MAY BE FIXED AT NOT LESS THAN $3 A DAY FOR THE TIME ACTUALLY EMPLOYED. No VOUCHER IN THE HANDS OF THE TREASURER OF THE SCHOOL FUND IS A VALID VOUCHER UNLESS SIGNED BY THE COUNTY SUPERINTENDENT. UNDER CERTAIN CONDITIONS, THE COUNTY SUPERINTENDENT HAS CHARGE OF THE EXAMINATION AND CERTIFICATION OF TEACHERS. 4135. ELECTION, QUALIFICATION AND TERM OF OFFICE; VACANCY. The county board of education, on the first Monday in July, one thousand nine hundred and five, and biennially thereafter, shall elect a county superintendent of public instruction, who shall be at the time of his election a practical teacher, or who shall have had at least two years' experience in teaching school, and who also shall be a man of liberal education, and shall otherwise be qualified to discharge the duties of his office as required by law, due regard being given to experience in teaching. Such superin- tendent must be of good moral character, and shall hold his office for a term of two years from the date of his election and until his successor is elected and qualified. Any person who has filled the office of county superintendent for four years next preceding the eleventh day of March, one thousand nine hundred and one, shall be eligible to such office in Bertie and Bladen and Columbus coun- ties", if the election of such person meets the approval of the State Board of Education. In case of vacancy, by death, resignation or otherwise, in the office of county superintendent, such vacancy shall be filled by the county board of education. The county superintendent of public instruction shall have au- thority to administer oaths to teachers and all subordinate school officials where an oath is required of the same. 1901, c. 4, s. 16 ; 1903, c. 435, s. 5 ; 1911, c. 135. [The county superintendent's office is the most important office in the county. He need not be a resident of the county when elected. If possible, he should be paid large enough salary to en- able him to devote all his time to his work.] 4136. REPORT OF ELECTION OF, TO STATE SUPERINTENDENT. Imme- diately after the election of the county superintendent of public instruction the chairman of the county board of education shall report to the State Superintendent of Public Instruction the name, 54 SECTIONS 4137-39. address, experience and qualifications of the person elected ; and the person elected shall report to the State Superintendent, as soon as he shall have qualified, the date of such qualification. 1901, c. 4, s. 16 ; 1903, c. 435, s. 5. 4137. DISTRICTS IN CITIES AND TOWNS MAY JOINTLY EMPLOY. By and with the consent of the county board of education, the school committees of two or more contiguous districts in any city or town may, by a majority vote of the committee in each district, employ a practical teacher, who shall be known as the superin- tendent of the public schools of such districts, and he shall per- form all the duties of the county superintendent of public instruc- tion as to such districts, and shall make to the county superin- tendent all reports that may be necessary to enable him to make his reports to the State Superintendent. 1889, c. 199, s. 47 ; 1901, c. 4, s. 74. 4138. NOT TO TEACH SCHOOL; TO RESIDE IN THE COUNTY. Every county superintendent shall reside in the county of which he is superintendent. It shall not be lawful for any county superin- tendent to teach a school while the public schools of his county are in session ; but the State Board of Education may, for good and sufficient reason, permit a county superintendent to- so teach. 1901, c. 4, s. 44. 4139. EX OFFICIO SECRETARY TO THE BOARD; RECORDS TO BE KEPT. The county superintendent of public instruction "shall be ex ojficio the secretary of the county board of education. He shall record all proceedings of the board, issue all notices and orders that may be made by the board pertaining to the public schools, school- houses, sites or districts (which notices or orders it shall be the duty of the secretary to serve by mail or by personal delivery, without cost), and record all school statistics, look after all for- feitures, fines and penalties, see that the same are placed to the credit of the school fund, and report the same to the board. The board shall provide the county superintendent with an office at the county-seat, in the county courthouse if possible, and with a suitable book in which to keep the records required by this section. The records of the board and the county superintendent shall be kept in the office provided for that purpose by the board. 1901, c. 4, s. 36. [It is very important to keep -full and accurate records and to look closely after the proper disposition of all fines, forfeitures SECTIONS 4140-42. 55 and penalties. An account book will be furnished on application to the State Superintendent. The superintendent should report to the solicitor all failures to apply the moneys from fines, etc., to their proper purpose.] 4140. To HOLD TEACHERS' MEETINGS. The county superintendent shall each year hold not less than one teachers' meeting in each township, which the teachers shall be required to attend. If nec- essary, one school day must be set apart for this purpose. 1901, c. 4, s. 38 ; 1903, c. 435, s. 17. 4141. MUST ADVISE AND MAY SUSPEND TEACHERS ; MUST ATTEND STATE ASSOCIATION OF SUPERINTENDENTS. It shall be the duty of the county superintendent to advise with the teachers as to the best methods of instruction and school government, and to that end he shall keep himself thoroughly informed as to the progress of education in other counties, cities and States. He shall have authority to correct abuses, and to this end he may, with the con- currence of a majority of the school committee, suspend any teacher who may be guilty of any immoral or disreputable con- duct or may prove himself incompetent to discharge efficiently the duties of a public-school teacher or who may be persistently neg- lectful of such duties. The county superintendent shall be re- quired to visit the public schools of his county while in session, and shall inform himself of the condition and needs of the various schools within his jurisdiction. Unless providentially hindered, he shall attend continuously during its session the annual meet- ing of the State Association of County Superintendents, and the annual meeting of the District Association of County Superintend- ents, and the county board of his county shall pay out of the county school fund his traveling expenses, including hoard, and allow him his per diem while attending such meeting; but county superintendents employed on salary shall not receive any per diem while in attendance on such meeting. 1901, c. 4, s. 39; 1903, c. 435, s. 18; 1905, c. 533, s. 10; 1911, c r 135. [It is mandatory that the county superintendent visit the schools, and county boards of education must see that the law is properly observed.] 4142. MUST DISTRIBUTE BLANKS AND BOOKS AND ADVISE COMMIT- TEES. It shall be the duty of the county superintendent to dis- tribute to the various school committees of his county all such 56 SECTION 4143. blanks as may be furnished by the State Superintendent of Public Instruction for reports of school statistics of the several districts ; also blanks for teachers' reports and for orders on the treasurer of the county school fund for teachers' salaries. He shall also dis- tribute to the school committees school registers for their respec- tive districts and necessary record books; he shall advise with the committee as to the best methods of gathering the school sta- tistics contemplated by such blanks, and by all proper means shall seek to have statistics fully and properly reported. 1901, c. 4, s. 40. 4143. MUST MAKE REPORTS TO STATE SUPERINTENDENT. It Shall be the duty of each county superintendent, on or before the first Monday in July of each year, to report to the State Superintend- ent of Public Instruction an abstract statement of the number, grade, race and sex of the teachers examined and approved by him during the year ; also the number of public schools taught in the county during the year for each race, the number of children of school age in each school district, the number enrolled in each district, the average daily attendance in each district, by race and sex, and the number of all persons in the county between the ages of twelve and twenty-one who cannot read and write. He shall also report, by race and sex, the number of pupils enrolled in all the schools, their average attendance, the average length of terms of the schools and the average salary for the teachers of each race; the number of school districts for each race, and any new school districts laid out during the year shall be specified in his report. He shall also report the number of public-school houses and the value of the public-school property for each race, the num- ber of teachers' institutes held, the number of teachers attending such institutes, together with such suggestions as may occur to him promotive of the school interest of the county. He shall record in his book an accurate copy of such report. If any county superintendent fail or refuse to perform any of the duties required of him by this chapter, he shall be subject to removal from his office by the county board of education upon the complaint of the State Superintendent of Public Instruction. 1901, c. 4, s. 41. [Copies of all reports made should be recorded in the record book of the county board for future reference. It would be well to record, also, the treasurer's report.] SECTION 4144. 57 4144. TO REPORT AS TO DEAF AND DUMB AND BLIND CHILDREN. It shall be the duty of the county superintendent to require of the school committees, in enumerating the number of school children, to make a statement in the report of the number of deaf and dumb and blind between the ages of six and twenty-one years, designating the race and sex, and the address of the parent or guardian of such children; and the county superintendents are hereby required to furnish such information to the principals of the deaf and dumb and blind institutions ; and the Superintendent of Public Instruction, in preparing blanks for reports required to be made to him, shall include questions the answers to which will furnish the information required by this section. 1901, c. 4, s. 43. SALARY OF COUNTY SUPERINTENDENT. The salary of the county superintendent of schools shall be fixed by the county board of education. It shall not be less than three dollars per day while engaged in the service of the public schools. The county board of education may fix an annual salary not to exceed four per cent of the disbursements for schools under his supervision. The county board of education of any county whose total school fund exceeds fifteen thousand dollars may employ a county superin- tendent, for all of his time, at such salary as may be fixed by said board. Revisal of 1905, v. I, c. 66, s. 2782. X. THE POWERS AND DUTIES OF THE SCHOOL COMMITTEE. Summary: THE SCHOOL COMMITTEE is COMPOSED OF THREE PER- SONS, APPOINTED BY THE COUNTY BOARD ON THE FIRST MONDAY IN JULY, FOR A TERM OF TWO YEARS. THESE MAY BE TOWNSHIP OR DIS- TRICT COMMITTEEMEN, AS THE COUNTY BOARD MAY DETERMINE. THE COMMITTEE MUST TAKE THE SCHOOL CENSUS, FOR WHICH THE COMPEN- SATION IS TWO CENTS FOR EACH NAME. EACH SCHOOL COMMITTEE MUST ELECT A CHAIRMAN AND A SECRETARY, AND KEEP AN ACCURATE RECORD OF ALL ITS PROCEEDINGS, AND CONTROL AND CARE FOR THE PUB- LIC-SCHOOL PROPERTY IN THE PUBLIC INTEREST. THE COMMITTEE IS ALSO CHARGED WITH ASCERTAINING THE NUMBER OF DEAF AND DUMB AND BLIND CHILDREN, AS WELL AS THE NUMBER OF ILLITERATE CHIL- DREN, BETWEEN THE AGES OF TWELVE AND TWENTY-ONE. THE SCHOOL COMMITTEE CANNOT EXPEND ANY MONEY APPORTIONED FOR INCIDENTAL EXPENSES WITHOUT THE CONSENT OF THE COUNTY BOARD ; 58 SECTION 4145. AND THEY MUST KEEP AN ACCURATE RECORD OF THE EMPLOYMENT OF TEACHERS AND OF ANY SPECIAL FUNDS DISBURSED BY THEM. THEY ARE PROHIBITED FROM OVERDRAWING THE AMOUNT APPORTIONED FOR TEACHERS' SALARIES, AND FROM MAKING A CONTRACT BEYOND THEIR TERM OF OFFICE. CONTRACTS WITH PRIVATE SCHOOLS MAY BE MADE, BY WHICH THE PUBLIC SCHOOL MAY BE TAUGHT IN CONNECTION WITH SUCH SCHOOLS. NO MONEY FOR DISTRICT EXPENSES OF ANY KIND OR FOR THE SALARIES OF TEACHERS MAY BE PAID BY THE COUNTY TREASURER EXCEPT ON AN ORDER SIGNED BY A MAJORITY OF THE COM- MITTEE. 4145. QUALIFICATIONS AND ELECTION OF ; CARE TAKEN OF SCHOOL- HOUSES. The county board of education of each county shall, on the first Monday in July, one thousand nine hundred and five, and biennially thereafter, appoint in each of the townships of the county three, intelligent men of good business qualifications, who are known to be in favor of public education, who shall serve for two years from the date of their appointment as school committee- men in their respective townships and until their successors are elected and qualified. If a vacancy shall occur at any time, by death, resignation or otherwise, it shall be the duty of the county board of education to fill such vacancy. Such board shall have the power to pay out of the reserve school fund to each member of the township committee thus appointed one dollar per day for not more than four days per annum. Such township committee must take the census in their township by districts, and shall be paid for taking the same at the rate of two cents per name, and may be paid each one dollar per day for not exceeding four days each year for such additional services as may be rendered by the com- mittee in the discharge of their legal duties. Every township com- mittee shall appoint one man in each school district in the town- ship to look after the schoolhouse and property and advise with the committee. The county board of education in each county may, if it deem best, biennially, on the first Monday in July, in- stead of electing township committeemen, elect for each school of the several townships three school committeemen of intelligence and good business qualifications who are known to be in favor of public education, who shall serve for two years from date of their appointment as committeemen and until their successors are elected and qualified. If a vacancy should occur at any time, by death, resignation or otherwise, it shall be the duty of the county board of education to fill such vacancy ; and in case such school committeemen shall be elected as above, all the powers and duties SECTIONS 4146-48. 59 conferred under this chapter on the township committeemeu shall vest in such committeemen of the several schools of the township, who shall serve without compensation. 1901, c. 4, s. 17 ; 1903, c. 435, s. 6 ; 1905, c. 533, ss. 17, 18 ; 1909, c. 769. [The committee system should be uniform; there should be township committeemen only in a county, or only district com- mitteemen. Those counties luhich have adopted the township sys- tem find it much th