LIBRARY OF THE UNIVERSITY OF CALIFORNIA. Gl FT OF Class . *** *" PUBLIC SCHOOL LAW OF NORTH CAROLINA. CHAPTER 15 OF THE CODE, AS AMENDED BY LAWS OF 1885, 1889, 1891, 1893, 1895, AND OTHER STATUTES. ISSUED IN PURSUANCE OP LAW BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. WINSTON : M. I. & J. C. STEWART, PUBLIC PRINTERS. 1895. M 81 'isi r PREFACE. Chapter 15 of The Code contained the public school law in full. Since its enactment the changes are those made by the Assemblies of 1885, 1889, 1891, 1893, and 1895. So far as these changes are amendments to the Sections of The Code, they are embodied in Sections of the same numbers in this edition of the school law. Other changes will be found in this pamphlet under the appropriate headings. Attention is called to the list of books adopted by the State Board of Education. < This list of books will remain in use in the public schools till the first Monday in June, 1896. On that day the County Commissioners of the respective counties, acting as a County Board of Education, will adopt a series of text books to be used by all the public schools of their respective counties, under the law as amended by the General Assembly of 1895. See Section 2539 of the law as published in this pamphlet. That sec- tion contaiDS the enactment of 1895 in reference to the adoption of text books for all the public schools in the respective counties. Text books on Alcoholics and Narcotics are included. For convenience of reference, the explana- tions and instructions of the State Superintendent of Public Instruction are placed in the form of foot notes on the same pages containing the corresponding sections of the law. Copies of this pamphlet will be furnished to all the school officers. On going out of office, they will deliver them and all books and blanks to their successors. JOHN C. SCARBOROUGH, Superintendent of Public Instruction. RALEIGH, ]ST. C., August 1st, 1895. PUBLIC SCHOOL LAW OF NORTH CAROLINA FROM THE CODE, AS AMENDED BY LAWS OF 1885, 1889, 1891, 1893, AND 1895, WITH NOTES AND INSTRUCTIONS BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. Sec. 2585. Apportionment 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 said board, and order a war- rant for the full apportionment to each county, which said apportionment shall be made on the basis of the school population. Sec. 2536. Auditor to keep separate account of public school fund. The state auditor shall keep a separate and distinct account of the public school funds, and of the interest and income thereof, and also of such moneys as may be raised by state, county and capitation tax, or otherwise, for school purposes. Sec. 2537. When and how warrant issued for school fund due any county. Upon the receipt of the requisition of the treasurer of any county, duly approved by the chairman and secretary of the county board of education, for the' school fund which may have been apportioned to said county, the state board 6 of education shall issue its warrant on the state auditor for the sum due said county ; whereupon the said 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 said state board. Sec. 2538. State treasurer to hold school funds as a special deposit; when and how paid out. The state treasurer 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 state auditor, issued on the order of the state board of education in favor of a county treasurer, duly endorsed by the county treasurer in whose favor it is drawn, and it shall be the only valid voucher in the hands of the state treasurer for the disburse- ment of school funds. Sec. 2539. (Repealed by Act of 1895. The following enacted instead.) County boards of education to adopt text books. That the county boards of education in the several coun- ties of the State shall adopt a series of text books which shall be used in the public schools of their respective coun- ties, for a term of three years ; the said adoption herein provided for, shall occur at the meeting of said boards of education, on the first Monday in June, one thousand eight hundred and ninety-six (1896) and every three years there- after and at no other time. Provided, that no sectarian or political book shall be used in the public schools. Pro- vided further ', that the prices of public school books adopted be fixed by the said county boards of education, for the whole term for which they shall be used, and that the list of the books so adopted and the prices of the same, shall be recorded upon the minutes of the said county boards of education for the inspection of the public. Sec. 2540. Duties of superintendent of public instruction. The superintendent of public instruction shall have the school laws published in pamphlet form and distributed on or before the first day of April of each year ; shall have printed all the forms necessary and proper for the purposes of this chapter, and shall look after the school interest of the state, and report biennially to the governor, at least five days previous to each regular session of the general assem- bly, which report shall give information and statistics of the public schools, and recommend such improvement 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 decis- ions, and of all papers kept in his office and authenticated by his signature and official seal, shall be of the same force and validity 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. Sec. 2541. Duty of superintendent to direct operations of system of public schools, etc. The superintendent of public instruction shall direct the operations of the system of public schools and enforce the laws and regulations in relation thereto. It shall be his duty to correspond with leading educators in other states, and to investigate the systems of public schools established in other states, and, as far as practicable, render the results of educational efforts and experiences available for the infor- mation and aid of the legislature and state board of educa- tion. Sec. 2542. (As amended by the Laws of 1885 and 1889.) DutyX superintendent to learn and supply educational wants, etc,; expenses allowed. It shall be the duty of the superintendent of public instruction to acquaint himself with the peculiar educa- tional wants of the several sections of the state, and he shall take all proper means to supply said wants, by counciling with county boards of education and county superinten- dents, by lectures before teachers' institutes, and by addresses to public assemblies on subjects relating to public schools and public school work, and he shall be allowed for travel- ing expenses and for additional clerical assistance five hun- dred dollars per annum. Sec. 2543. Funds appropriated for establishing and maintaining system of free schools to be paid into state treasury. The proceeds of all lands that have been or may hereafter be granted by the United States to this state, and not other- wise appropriated by this state or the United States, also all moneys, stocks, bonds and any other property now belonging to any state fund, for the purposes of education, 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 faith- fully appropriated for establishing and maintaining a sys- tem of free public schools, as established in pursuance of the constitution. Sec. 2544. (As amended by chapter 199, Laws of 1889.) Funds so appropriated to be paid into county school fund. 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 forfeit- ures, 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 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 belong to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public 9 schools in the several counties as established in pursuance of the constitution : Provided, the amount collected in each county shall be reported annually to the State Super- intendant of Public Instruction. The solicitors of the sev- eral judicial districts, criminal and inferior courts, shall prosecute all penalties and forfeited recognizances entered in their courts respectively, and as compensation for their services, shall receive a sum to be fixed by the court, not less than five per centum of the amount collected upon such penalty or forfeited recognizance for the collection of which execution was found to be necessary. NOTE. Special attention is called to sections 724, 725, 726, 727, 728, 764, 906 and 3678 of The Code. Treasurers and county com- missioners will use all proper means to see that the fall amount of fines, forfeitures and penalties and the liquor tax due shall go to the school fund. Their attention is also directed to the constitu- tion; article 9, section 5, and to Revenue Act of 1895, sections 44 and 45, as follows : "SECTION 44. Whenever any officer, including justices of the peace, receives or collects a fine, penalty or forfeiture in behalf of the state, or any tax imposed on licenses to retailers of wines, cordials, malt or spirituous liquors, and auctioneers, he shall, within thirty days after such reception or collection, pay over and account for the same to the treasurer of the county board of education for the benefit of the fund for common schools in such county. "SECTION 45. Any officer, including justices of the peace, con- victed of violating the preceding section, or of appropriating to his own use the state, county, school, city or town taxes, shall be guilty of embezzlement, and may be punished not exceeding five years in the state prison, at the discretion of the court. 1 ' A large amount of school money is derived from fines, forfeitures and penalties; and from taxes on licenses for the sale of liquors. I am satisfied that a still larger amount may be obtained from these sources by a strict enforcement of the law. See section 33, Revenue Act of 1895. All forfeited recognizances belong to the shool fund, and school officers should see that they are collected. Section 1225 of The Code makes it the duty of the solicitor, under the direction of the court, to prosecute to collection any forfeited recognizance under a peace warrant. The last part of section 2544 is an amendment by Acts of 1889, and provides specially for the prosecution of forfeitures. 10 Sec. 2545. (Repealed by Laws of 1895.) The following substi- tuted therefor. That the office of county board of education is hereby abolished, to take eifect the first Monday in June, A. D. 1895. All the powers and duties of said county board of educa- tion shall devolve upon and be discharged by the board of county commissioners of the several counties of the State ; and for the purpose of attending especially to school mat- ters, the said board of county commissioners shall be required to meet on the first Tuesday after the fisrt Monday in Jan- uary and July of each year, said meeting not to continue longer than two days at each of said meetings. Provided, they may attend to any matter pertaining to school interest, at any of the regular meetings of said board as provided by law, but the expense of all such meetings shall be paid out of the general county fund of the county. NOTE. The law gives County Commissioners a large discretion in the management of the funds and school matters generally. The policy of the law now in force, contemplates vesting in the respective counties large authority in the management of school affairs. Counties that use this authority wisely will rapidly advance their educational interests. Sec. 2546. (As amended by the Laws of 1885 and 1889.) Duties of county commissioners. The county commissioners shall be charged with the general management of the public schools in their respect- ive counties, shall decide all controversies and questions relating to the boundaries of school districts and to the location of school-houses, or which may arise upon the con- struction of the school law, and shall see that the school law is enforced ; and shall have power and authority and it shall be their duty to institute and prosecute any and all actions, suits of proceedings against any and all officers, persons or corporations, and their sureties, for the recovery, preservation, and application of all meneys or property 11 which may be due to or should be applied to the support and maintenance of the schools, and the county commis- sioners shall obey the instructions of the state superintend- ent and accept his construction of the school law. NOTE. The language of this section gives to county commis- sioners a wide range of powers and duties. It is earnestly urged that they be so exercised as to accomplish the greatest good to the school system possible. In the settlement of the "questions and controversies" mentioned in this section, there is room for the exercise of the highest wisdom, that the interest of the public schools may not suffer by reason of neighborhood quarrels, which always result in harm to all public interests, especially to those of the schools. Sec. 2547. (As amended by the Laws 1895.) Books of county treasurer examined. At each regular meetingt it shall be the duty of the board (county commissioners) to examine the books and vouchers of the county treasurer and to audit his accounts. Sec. 2548. (Repealed by act of 1895. The following takes its place.) Register of Deeds Clerk to Board of Education. Clerk of Court to appoint examiner. That the office of county superintendent of public instruc- tion is hereby abolished to take effect the first Monday in June, A. D. 1895, and all the duties provided by law to be performed by the said superintendent as secretary of the board of education shall be performed by the clerk of the board of county commissioners. That the clerk of the superior court of the several counties in the State, shall on the first Monday in June, A. D. 1895, and annually thereafter, appoint an examiner whose duty it shall be to examine all persons desiring to teach in the public schools of the said county, in conformity to law. There shall be a public examination at the court house, to commence on the first Monday in July, 1895, and annually thereafter, to continue from day to day until all the appli- cants are examined, and the certificates issued shall be good 12 for one year from the date thereof. All such applicants shall pay to the examiner, in advance, a fee of one dollar for such examination. Provided, that the examiner may examine applicants for teachers' certificates at any other time or place, but when so examined the applicant shall pay to the examiner, in advance, a fee of one dollar and fifty cents for such examination. Sec. 2549. School districts. The county board of education (Commissioners) shall lay off" their respective counties into convenient school districts, consulting as far as practicable the convenience of the neighborhood. They shall designate the districts by num- ber, as school district number one, school district number two, in the county of. Sec. 2550. Convenience of residents to be consulted in formation of districts ; separate schools for the two races. The county board of education (Commissioners) shall con- sult the convenience of the white residents in settling the boundaries of districts for the white schools, and of colored residents in settling boundaries for colored schools. The schools of the two races shall be separate ; the districts the same in territorial limit or not, according to the conven- ience of the parties concerned. In cases where there are two sets of districts in a county, they shall be designated as school district number one, two, three, etc., for white schools, or school district number one, two, three, etc., for colored schools, in the couty of. Sec. 2551. (As amended by Laws of 1889.) County Commissioners to apportion county school fund among districts ; sums so apportioned subject to order of school committees. The county board of education (Commissioners) of every county shall, on the first Monday in January^of each year, apportion among the several districts of the county, desig- nating the amount to each school-house, if more than one in4he district, all schaol funds in the following manner: 13 first deduct an amount sufficient to defray the general school expenses of the county authorized by law ; then apportion two-thirds of the funds to the several districts in proportion to the whole number of children between the ages of six and twenty-one years, and at the same time the remaining one-third shall be apportioned in such manner as to equalize the average length of school terms for the two races as far as may be practicable, without discrimination in favor of or to the prejudice of either race. As soon as the apportionment is made, the county board of education (Commissioners) shall post a statement at the court house door, showing the amount apportioned to the several dis- tricts or schools of the county, and they shall also notify each committee of the amount apportioned to their district and to each school. The board shall also furnish the treas- urer of the county board of education a statement of the amounts apportioned to the several districts and schools. NOTE. It is not to be expected that the school terms of the sev- eral districts of either race can be made equal, and the boards are advised to give no district more than its per capita proportion of the funds, unless there exists a real, substantial, geographical rea- son why the number of pupils is small. Sec. 2552. Basis of annual apportionment of public school moneys. The annual apportionment of public school moneys 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 (Commissioners) as required by this chap- ter. But a sufficient amount of money shall be left unap- portioned to pay the general school expenses of the county authorized by this chapter. NOTE. The general expenses authorized are : pay of treasurer's commissions, mileage and per diem of county commissioners on regular days in July and January, postage and stationery for clerk of commissioners in educational work. See section 39, Laws 1889. Sec. 2553. (As amended by Laws of 1885 and 1889, and chapter 483, Laws of 1893.) School committee ; their duties ; yacan- cies, etc. For each white and each colored school district there shall be elected biennially by the county (Commissioners) board of education of the respective counties, on the first Mon- day in June, a school committee of three persons, whose term of service shall begin the first Monday of July follow- ing, and whose duties shall be as prescribed in this chapter. If a vacancy should at any time occur, it shall be the duty of the county board of education to appoint a suitable res- ident of the school district to fill such vacancy, and the per- son thus appointed shall exercise all the powers and duties of a school committeeman until his successor is elected and qualified. For sufficient cause, after thirty days' formal notice, the county board of education (Commissioners) may remove a school committeeman and proceed at once to fill the vacancy thus created : Provided, that all orders by committees for money, and all contracts made by them in writing shall be signed in the legible handwriting of the committeemen purporting to sign such orders or contracts, or in case any committeeman cannot write his name, his signature by making his mark shall be witnessed by at least one disinterested witness in his own proper handwrit- ing- NOTE. Select for school committeemen those who will give per- sonal attention to school interests in their districts. County com- missioners will note that the law requires three committeemen for each white, and three for each colored district. The committee- men for colored school districts need not necessarily be colored men ; where competent colored men cannot be had, experienced and competent white men should be selected. The same persons may be appointed committeemen for a white and for a colored district. Sec. 2554. County treasurer to receive and disburse school fund ; his bond ; misdemeanor, etc. The county treasurer of each county shall receive and dis- 15 burse all public school funds ; but before entering upon the duties of his office, he shall execute a justified treasurer's bond, with security- in double the amount of all public school moneys received by him or by his predecessors dur- ing the previous year, conditioned for the faithful perform- ance of his duties as treasurer of the county board of edu- cation, and for the payment over to his successor in office of any balance of school moneys that may be in his hands unexpended, and the county board of education (Commis- sioners) may, from time to time, if necessary, require him to strengthen said bond, and in default thereof the members of the county board of education (Commissioners) shall be guilty of a misdemeanor ; and for any breach of said bond, action shall be brought by the county board of education (Commissioners). NOTE. The bond is to be taken and approved by the board of county commissioners. See section 4, chapter 199, Laws of 1889. Sec. 2555. (As amended by Laws of 1889.) Orders, how issued upon treasurer of county board of education ; proviso ; pay- ments for building- or repairing school-houses. All orders upon the treasurer of the county board of edu- cation for school money for the payment of teachers, and all orders for the purchase of sites for school-houses and for the cost of building, repairing and furnishing school-houses, shall be signed by the school committee of the district in which the school is taught, or in which the site or school- house is situated, and shall be countersigned by the chair- man of the Board of County Commissioners, which orders, duly endorsed by the person to whom the same are payable, shall be the only valid vouchers in the hands of the treas- urer of the county board of education, to be paid out of the funds apportioned to the district : Provided, the said treas- urer shall not pay any school money for building or repair- ing any school-house unless the site on which it is located has been donated to or purchased by the school committee 16 of the district in which said house is located, and a deed for the same regularly executed and delivered to said commit- tee and their successors in office, probated, registered in the office of register of deeds for the county, and delivered to the treasurer of the county board of education, to be by him safely deposited with his valuable official papers, and sur- rendered to his successor in office, and for default he shall be liable on his official bond for any sum thus illegally paid. No order given by a school committee of any dis- trict for maps, charts, globes or other school apparatus shall be valid unless the same be endorsed by the chairman of the Board of County Commissioners and approved by the county board of education (Commissioners). NOTE. Treasurers will note that this section requires all orders given by committeemen, whether for teachers' salaries or for other claims against district funds, to be countersigned by the chairman of the county commissioners. Section 2584 requires all deeds to be delivered to the county com- missioners. Sec. 2556. Duties of treasurer of county board of education. It shall be the duty of the treasurer of the county board of education to keep a book in which he shall open an account with each public school district in the county, showing the amount apportioned to said district, distin- guishing the moneys due to the white and the colored districts, the date of all payments of school moneys, the name of the person to whom paid and the several amounts. He shall balance the accounts of each district annually on the thirtieth day of June in each and every year, and shall report by letter or printed circular, within ten days after each apportionment, to each school committee the amount apportioned to the respective districts for the year, together with the balance which may be due any of the said districts from, the preceding year. 17 Sec. 2557. Treasurer to furnish blank deeds to school commit- tees ; form of deed ; when land to revert. It shall be the duty of the treasurer of the county board of education to furnish school committeemen with blank creeds for school -house sites. If a school-house site has been purchased, an ordinary fee-simple deed shall be executed. If a site has been donated, the donor may provide in the deed of gift that the title to the site, but not to the improve- ments, shall revert to him or his heirs in case the same shall cease to be used for school purposes for the space of three years. Sec. 2558. (This section is repealed. See Acts 1889.) Sec. 2559. Treasurer to produce books, vouchers, etc., when required by board. The treasurer of the county board of education shall, when required by said board, produce his books and vouchers for examination, and shall also exhibit all moneys due the public school fund of the county at each settlement required by this chapter. Sec. 2560. (As amended by the Laws of 1889.) Treasurer to make report to state superintendent of public instruction. The treasurer of the county board of education of each county shall report to the state superintendent of public instruction on the first Monday of July of each year the entire amount of school money received and disbursed by him during the preceding school year, designating by items the amounts received respectively from property tax, poll- tax, liquor licenses, fines, forfeitures and penalties, auction- eers, estrays, from state treasurer, and from all other sources. He shall also designate by items the sums paid to teachers of white and colored children respectively, and for school- houses and school-house sites in the several districts, and for all other purposes, specifically and in detail by items, and on the same day he shall file a duplicate of said report' ^in 2 18 the office of the county board of education (Commissioners). He shall make such other reports as the "board of education (Commissioners) of the county may require from time to time. Sec. 2561. Treasurer to keep account of public school moneys. The treasurer of the county board of education shall keep a book in which shall be entered a full and detailed account of all public school moneys received by him, the name of each person paying him school money, the source from which the same may have been derived, and the date of such payment : Provided^ in his settlement with the sheriff or other collecting officer of public school taxes or other school fund the said treasurer shall receive money only. NOTE. For other duties of treasurer and pay for services, see section 25, chapter 174, Laws of 1885, as published in this pamphlet. / Sec. 2562. (As amended by the Laws of 1885.) Treasurer failing to report guilty of misdemeanor. Any treasurer of a county board of education failing to make the reports required of him at the time and in the manner prescribed shall be guilty of a misdemeanor, and be fined not less than fifty dollars and not more than two hundred dollars, or imprisoned not less than thirty days nor more than six months, in the discretion of the court. Sec. 2563. (As amended by Laws of 1889.) Sheriif to pay annually in money to treasurer of the county board, amount of state and county taxes levied for school purposes, etc.; mis- demeanor ; penalty ; action on bond. The sheriff of each county shall pay annually in money to the treasurer of the county board of education thereof, on or before the thirty-first day of December of each year, the whole amount levied, less such sum or sums as may be allowed on account of insolvents, for the current year, by both state and county, for school purposes ; and, on failure so to do, shall be guilty of a misdemeanor, and fined not less 19 th-an two hundred dollars, and be liable to an action on his official bond for his default in such sum as will cover such default, said action to be brought to the next ensuing term of the superior court and upon the relation of the county board of education (Commissioners) for and in behalf of the state. Sec. 2564. (As amended by the Laws of 1885.) Sheriff to take duplicate receipts. The sheriff or other collecting officer shall take duplicate receipts of the treasurer of the county board of education for such payments as he may make under this chapter, one copy of which shall be transmitted to the auditor of the state, and one to the chairman of the county board of edu- cation (Commissioners). . Sections 2562, 2563 and 2564. Treasurers arid sheriffs will specially iiOte the provisions of these sections. They will keep the poll and property tax separate, indicating each in the receipts given by the treasurer. This they will be the better able to do, because the school poll-tax and school property tax of each indi- vidual will be separated on the tax lists. A little attention to this will enable the treasurers to make their reports promptly. See also section 8, chapter 199, Laws 1889, which requires the sheriff to itemize as specified in section 2560. Sec. '2505. (As amended by the Laws of 1885.) Duties of secretary of county board of commissioners. The secretary shall record all of the proceedings of the county board of education (Commissioners) issue all notices and orders that may be made by said 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. The county board of education (Commissioners) shall provide the secretary with a suitable book in which to make the records required by this sec- tion. 20 Sec. 2566. (As amended by the Laws of 1885, 1889, 1891 and 1895.) Examination of applicants for teachers' certificates by county examiner ; grades of certificates ; valid for one year in county where issued ; what to be taught in public schools; proviso. The examiner of each county shall examine all applicants of good moral character for teachers' certificates at the court-house in the county, on the first Monday in July of every year, and continue the examination from day to day till all applicants are examined. All such applicants shall pay to the examiner, in advance, a fee of one dollar for such examination. Provided, that the examiner may examine applicants for teachers' certificates at any other time or place, but when so examined the applicant shall pay to the examiner, in advance, a fee of one dollar and fifty cents for such examination. The grade of the cer- tificate to which the applicants may be entitled shall con- form to the following standard of excellence : that is, one hundred being the maximum, a certificate shall not issue to any applicant who makes less than fifty per centum in any one branch, or whose general average is less than seventy per centum. A general average of ninety per cen- tum and over shall entitle an applicant to a first-grade cer- tificate ; a general average of eighty per centum or more shall entitle the applicant to a second-grade certificate ; and a general average of seventy per centum or more shall entitle an applicant to a third-grade certificate. The cer- tificates shall be valid for one year from their dates and only in the county in which they were issued. No branches shall be taught in the public schools except spelling, defin- ing, reading, writing, arithmetic, English grammar, geog- raphy, elementary physiology and hygiene, and the history of the state and United States : Provided, the school committee may make special arrangements to allow other branches to be taught : Provided, also, the examiner shall 21 hold his examinations publicly, and may invite competent persons to assist him in such examinations. NOTE. The examiner should grant certificates to none except to those who produce reliable evidence of good character, and pass an approved examination, fairly testing the proficiency of the applicant. School committees should provide for additional studies in the public schools, when such action will be of advan- tage to any of the pupils of their district. The pursuit of all useful knowledge should be encouraged in the schools. The examina- tions need riot be held in the court-house, but may be conducted in any suitable room at the county-seat. See section 41 of chapter 199, Laws of 1889, which requires examinations on theory and practice of teaching. Also chapter 169, Laws of 1891, and the studies there provided. Sec. 2567. Repealed by act of 1895. Sec. 2568. Repealed by act of 1895. Sec. 2569. Repealed by act of 1895. Sec. 2570. Register of Deeds to distribute blanks. It shall be the duty of the clerk of the Board of County Commissioners to distribute to the various school commit- tees of his county all such 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 board of education for teachers' salaries; he shall also distribute to the school committees school registers for their respective districts ; he shall advise with said commit- tees as to the best methods of gathering the school statis- tics contemplated by such blanks, and, by all proper means, shall seek to have such statistics fully and promptly reported. NOTE. The blanks furnished by the state superintendent areas follows : School Registers, Record of Examinations, Teachers' Re- ports and Vouchers, Teachers' Certificates, Reports of clerks of County Commissioners, Treasurers 1 Reports, Census Reports, and Deeds, and blanks for Census of Deaf and Dumb and of Blind under chapter 69, Laws of 1893. In ordering blanks from the state superintendent the Register of Deeds should give his express office. 22 Sec. 2571. (As amended by the Laws of 1885 and 1895.) Chair- man of the board of county commissioners to countersign orders on treasurer of county board for payment of teach- ers' salaries. It shall be the duty of the chairman of the board of county commissioners to countersign all orders given by the several school committees upon the treasurer of the county board of education in payment of teachers' salaries, and it shall not be lawful for the said treasurer to pay such orders unless the same have been countersigned by the chairman of the board of county commissioners: Provided, the said chairman shall not have authority to countersign any such order until the teacher in whose favor it is drawn shall have made the reports to the chairman required by this chapter, and shall have sworn to them before the said chair- man. NOTE. The spirit of this proviso is, that no voucher shall be countersigned unless sworn to. See section 12, chapter 199, Laws 1889. All orders must be countersigned by the chairman of the county commissioners. See section 2555. Sec. 2572. County examiner to deliver to county board catalogue of teachers, etc. The county examiner shall deliver to the county board of education (Commissioners), on or before the first Monday in July in every year, a catalogue of all the teachers to whom he gave certificates during the year. Sec. 2573. Clerk of board of commissioners to report to state superintendent number, etc., of teachers, schools, etc. It shall be the duty of the clerk of the board of county com- missioners in each county, on or before the first Monday in July of every year, to report to the state superintendent of public instruction an abstract statement of the number, grade, race and sex of the teachers examined and approved 23 by him (the examiner) during the year ; also the number of public schools taught in the county during the year for each race 1 ; the number of pupils of each race enrolled in said schools ; their average attendance ; the number of females ; the average length of the terms of said schools and the average salary, respectively, of the white and col- ored teachers ; also full and accurate statistics of the num- ber of school children in the county, giving race and sex ; the number of school districts for each race, and the num- ber of public school-houses and the value of public 'school property for each race ; the number of teachers' institutes held, and the number of teachers that attended such insti- tutes, together with such suggestions as may occur to him' promotive of the school interests of the county. NOTE. The clerk of the Board of County Commissioners should make full and prompt reports under the provision of this section, and report all permanent private schools in their county, as indi- cated by any blank which may be furnished them. Sec. 2574. (As amended by the Laws of 1885 and 1895.) Clerk of the board of county commissioners to record copy of report to state superintendent in office of secretary of board of commissioners. The clerk of the board of county comissioners shall record in his books his annual report to the state superintendent of public instruction and the census reports and school statis- tics as reported to him by the school committees. Sec. 2575. Repealed by act of 1895 and the following inserted in lieu thereof: " That for all such clerical work as shall be performed by the clerk of the- board of county commissioners he shall receive such compensation as in the discretion of the coimty commissioners may be deemed just and right, froyided, the same shall not be a greater amount than the amount allowed by law for similar services performed by said clerk as clerk of the board of county commissioners. Provided 24 further, that such clerk shall render an itemized account, under oath, for all such service, and the same shall be paid out of the general county fund when approved by the said board of commissioners." Sec. 2576. (As amended by the Laws of 1885.) Oath of school committeemen ; school officers authorized to administer oaths. Before entering upon the duties of their office, the school committeemen shall take an oath for the faithful discharge of the duties of their office. In all matters pertaining to the execution of the school law, all the members of the county board of education and the county superintendent are authorized to administer oaths, but neither they nor justices of the peace shall be entitled to any fee for such service. Sec. 2577. Meeting ol school committeemen; chairman; clerk; record to be kept. The school committee of each school district, within fif- teen days after their election or appointment, shall meet at some convenient point within the school district, and organize by electing one of their number chairman and another of their number clerk of the school committee, and the said clerk shall keep a record of the proceedings of said committee in a book provided for that purpose. NOTE. A record of the proceedings of each committee, as required by this section, should be kept ; very many difficulties will be avoided thereby. This record book is not furnished by the state superintendent, but may be bought by the committee. Sec. 2578. School committee to be a body corporate. The school committee of each school district shall be a body corporate by the name and style of " The School Com- mittee of District No , -in the county of. ," and by that name shall be capable of purchasing and ho]ding real and personal estate, and of selling and transferring the same 25 for school purposes, and of prosecuting and defending suit for or against the corporation. All conveyances to school committees shall be to them and their successors in office. Sec. 2579. (As amended by the Laws of 1885, 1889 and 1895.) School committee to take annual census of children; to report number of school-houses to clerk of commissioners. It shall be the duty of the school committee of each district to take and return to the Clerk of the board of county commissioners on or before the first day of June in every year, a full and accurate census of the children between the ages of six and twenty-one years, designating the race and sex. And the said committee shall also report to the said clerk of commissioners the number of public school-houses and the value of all public school- property, for each race, separately. Should the committee fail to make such report by the first Monday of July, the report of the preceding year shall be taken as the basis of the report to the state super- intendent. The said report shall be signed by the member of the committee designated to take the census, and be sworn to before any justice of the peace or other person authorized to administer oaths. NOTE. A failure by the committee to make the report as required by this section is sufficient cause for their removal by the county commissioners. The committe will designate one of their number to perform this duty, who is to swear to the report. See chapter 69, Laws of 1893. Sec. 2580. (As amended by the Laws of 1889.) School committee authorized to employ and dismiss teachers, and to fix their pay. The school committees shall have authority to employ and dismiss teachers in their respective districts ; but no contract shall be made during any year to extend beyond the term of office of the committee, nor for more money than is placed to the credit of the district for the fiscal 26 year during which the contract is made. No person shall be employed as a teacher who does not produce a certifi- cate from the county superintendent of public instruction (County Examiner) dated within the time prescribed by law. Teachers of third grade shall receive out of the pub- lic fund not more than fifteen dollars per month ; of the second grade, not more than twenty-five dollars per month, and teachers of first grade may receive such compensation as shall be agreed upon ; but no teacher shall receive any compensation for a shorter term, than one month, unless providentially hindered. Twenty school days shall be a month : Provided, that the county board of education (County Commissioners) shall have authority to fix a max- imum price for first-grade teachers, and otherwise superin- tend the employing and dismissing of teachers not incon- sistent with the specific prohibition in this section. NOTE. A good teacher is cheaper at a high price than an incom- petent teacher at a low price. The practice in some sections of employing teachers and putting them to work before they have a certificate, relying on a prospective examination, is unlawful. The amendment to this section by the Assembly of 1889 allows the board of commissioners to make such regulations about employing and dismissing teachers as they may deem proper, not inconsistent with the plain provisions of the section. It is advised that large discretion be allowed to committeemen, especially if they are intelligent and manifest interest in their school. In case of divisions and neighborhood difficulties as to who the teacher is to be, terms, etc., the board can control. Sec. 2581. Teachers to render statement of number of pupils, etc., to school committee ; when order for payment of teachers to be given. At the end of every term of a public school, the teacher or principal of the school shall exhibit to the school com- mittee of the district a statement of the number of pnpils, male and female ; the average daily attendance, the length of term and the time taught. If the committee are satis- fied that the provisions of this chapter have been complied 27 with, they shall give an order on the treasurer of the county board of education, payable to said teacher, for the full amount due for services rendered. Sec. 2582. School committee empowered to receive gifts, etc. ;. deed, how executed; proceeds of sale; to have care of school-house, etc., and to sell the same, etc. ; original grantor to have option to repurchase school-house site when resold. The school committee may receive any gift, grant, dona- tion or devise made for the use of any scnool or schools within their jurisdiction, and in their corporate capacity they shall be intrusted with the care and custody of all school- houses, school-house sites, grounds, books, apparatus, or other public school property belonging to their respective- jurisdictions, with full power to control the same as they may deem best for the interest of the public schools and the cause of education. When, in the opinion of the committee, any school-house, school-house site or other public school property has become unnecessary for public school purposes,, they shall sell the same at public auction, after advertise- ment for twenty days at three public places in the county. The deed for the property thus sold shall be executed by the chairman and clerk of the committee, and the proceeds of the sale shall be paid to the treasurer of the county board of education for the school expenses in said school district : Provided, the committee shall h'rst offer the site and improvements to the original grantor, donor, or his heirs,, at a price fixed by the committee. And in the event of a disagreement as to the price, the committee shall select one discreet and disinterested per&m, and the grantor, donor, or his heirs shall select another such person, to value and appraise the property, and in the event they cannot agree, they shall call'to their aid an umpire; and upon the pay- ment of the price thus fixed the committee shall convey, by proper deed, the property to the original grantor, donor, or 28 his heirs : Provided, that the committee shall be allowed to remove the house if the grantor or his representative refuse to purchase it, and its value shall, in that case, not be con- sidered in the apppraisement. Sec. 2583. (As amended by section 15, chapter 199, Laws of 1889.) Committee empowered to receiye sites for school-houses by donation or purchase; in case of purchase, approval of chairman and secretary of county board necessary; title; proceedings to condemn land for school-house sites. The school committee may receive suitable sites for school- houses by donation or purchase. In the latter case they shall report the price to the chairman and secretary of the county board of education (County Commissioners). If the latter are satisfied that the price is not excessive, and that it is suitable in respect to its location, they shall approve the order of the committee on the treasurer of the county board of education for the purchase money, and upon pay- ment of the order the title to said site shall vest in the com- mittee and their successors in office. Whenever the com- mittee are unable to obtain a suitable site for a school by gift or purchase, they shall report to the county super- intendent of public instruction (Clerk of Board of County Commissioners), who shall, upon five days' notice to the owner of the land, apply to the clerk of the superior court for the appointment of their [three] appraisers, who shall lay off, by metes and bounds, not more than one acre, and assess the value thereof. They shall make a written report of their proceedings, to be signed by them or by a majority of them, to the said clerk within five days from their appointment, who shall enter* the same upon the records of the court. If said report is confirmed by the clerk of the court, the chairman and secretary shall approve the order which the district school committee shall give on the treasurer of the county board of education in favor of the owner of the land thus laid off, and upon payment or offer 29 of payment of this order the title to said land shall vest in the school committee and their successors in office : Pro- vided, improved land shall not be condemned under thi& section unless it be essential to secure a proper location : Provided further, any person aggrieved by the action of said appraisers may appeal to the superior court of the county in which the land is situate upon giving bond to secure the board against such costs as may be incurred on account of said appeal not being prosecuted with eifect. NOTE. School committees should procure suitable sites in their respective districts, and have comfortable school-houses erected thereon. When the district has no school-house, disputes arise each year as to where the school should be taught, and thus neigh- borhood quarrels are promoted which injure the schools. School committees should pay particular attention to the provisions of this section to save trouble in connection with titles. Sec. 2584. (As amended by chapter 199, Laws of 1889.) School committee to deliver deeds to county board of education. All deeds to school committeemen shall be delivered for safe-keeping to the board of education (Commissioners) of the county, and they shall have them recorded, if not already recorded, and all deeds hereafter made shall be delivered to said board for their inspection before registra- tion. Sec. 2585. Duties of teachers; dismissal of pupil. It shall be the duty of all teachers of free public schools to maintain good order and discipline in their respective schools, to encourage morality, industry and neatness in all of their pupils, and to teach thoroughly all the branches which they are required to teach. If any pupil shall wil- fully and persistently violate the rules of the school, such pupil may be dismissed by the teacher for the current term. NOTE. On the subject of the authority of the teacher as to cor- poral punishment, the following decision, rendered by Judge Gras- ton, 2 Devereux and Battle, p. 365, is quoted : 30 " The law confides to schoolmasters and teachers a discretionary power in the infliction of punishment upon their pupils, and will not hold them responsible criminally, unless the punishment be such as to occasion permanent injury to the child, or be inflicted merely to gratify their own evil passions. " It is not easy to state with precision the power which the law grants to schoolmasters and teachers with respect to the correction of their pupils. It is analogous to that which belongs to parents, and the authority of the teacher is regarded as a delegation of parental authority. One of the most sacred duties of parents is to raise up and qualify their children for becoming useful and virtu- ous members of society ; this duty cannot be effectually performed without the ability to command obedience, to control stubborn- ness, to quicken diligence and to reform bad habits ; and to enable him to exercise this salutary sway he is armed with the power to administer moderate correction when he shall believe it to be just and necessary. " Within the sphere of his authority, the master is judge when correction is required and of the degree of correction necessary ; and like all others intrusted with a discretion, he cannot be made penally responsible for error of judgment, but only for wickedness of purpose. The best arid wisest of mortals are weak and erring creatures, and in the exercise of functions in which their judgment is to be the guide cannot be rightfully required to engage for more than honesty of purpose and diligence of exertion. His judgment must be presumed correct, because he is the judge, and also because of the difficulty of proving the offence or accumulation of offences that called for correction ; of showing the peculiar temper- ament, disposition and habits of the individual corrected ; and of exhibiting the various milder means, that may have been ineffec- tually used, before correction w r as resorted to. " But the master may be punishable when he does not transcend the powers granted, if he grossly abuse them. If he use his author- ity as a cover of malice, and, under pretence of administering cor- rection, gratify his own bad passions, the mask of the judge shall be taken off, and he will stand amenable to justice, as an individ- ual not invested with judicial power. " For conduct outside of school, or after school is dismissed, it seems to be agreed that a teacher may inflict punishment for any misbehavior that has a direct or immediate tendency to injure the school, to subvert the teacher's authority and to beget disorder and insubordination. This line of authority it is difficult to draw with precision, and a wise discretion must be exercised, the teacher always bearing in mind that it is the school and his authority to .govern it that are to be protected. 31 The secret of success in school government lies in the art of cre- ating an interest and enthusiasm in school exercises and their results. This done the school will, in a large measure, govern itself ; without it, 110 kind or degree of corporal punishment will secure good results in school work or government. The teacher should so demean himself as to make all pupils consider him their friend and benefactor, keeping authority and punishment in the background, to be used when nothing else will do. Sec. 2586. (As amended by Laws of 1885, 1889 and 1895.) Teach. ers to keep daily records concerning pupils; grades in schol- arship, in deportment; report to be made to clerk of the board of county commissioners. Every teacher or principal of a school to which aid shall be given under this chapter shall keep a daily record of all absences of pupils and of the grade in scholarship and deportment of each. The grade in scholarship shall be indicated by the numbers one, two, three, four and five, one representing the highest or first grade and five the lowest, and the three intermediate numbers the three intermediate grades. The grades in deportment shall be represented by the same numbers arid in the same order. At the end of every term every principal or teacher of a public school shall report to the clerk of the board of county commission- ers the length of term of school, the race for which it was taught, the number, sex and average daily attendance of the pupils, and the number of the district in which the school was taught. If any term comprehends parts of the two school years, beginning in one and ending in the succeeding, the teacher shall on the first day of July make the above required report for the part of the term up to that date, and the remaining part of the term shall be reported when the term closes and form part of the report for that year. NOTE. Teachers will note that their orders for salary will not be approved by the chairman of the board of county commission- ers or paid by the treasurer, until this report is made. Arrange- ments, however, may be made with the chairman of said board to 32 approve orders for the salary of each month, so as to enable teach- ers to draw their pay monthly. The teacher must, in this case, make a report for the full session at its close, before he can receive the last installment of his salary. Section 24, chapter 199, Laws of 1889, forbids any school being in session on June 30th. No school can comprehend parts of two school years : therefore the last paragraph of this section is practi- cally of no force. Sec. 2587. School year. The school year shall begin on the first Monday in July. NOTE. See section 1, chapter 199, Laws of 1889. Sec. 2588. (As amended by the Laws of 1889.) Every school receiv- ing aid under this chapter to be a public school. Every school to which aid shall be given under this chap- ter shall be a public school, to which all children living within the district between the ages of six and twenty-one years shall be admitted free of charge for tuition : Provided, the admission of pay students shall be under the direction of the committee. Provided further, that the committee or the county superintendent (chairman of the Board of County Commissioners), or the board of education may exclude persons of immoral lives or character. NOTE. Children, in the district, not of school age, or those living outside of the district, may be admitted as pay students by direc- tion of the school committee. Sec. 2589. (As amended by section 3, chapter 116, Laws of 1895.) Tax of eighteen cents on every one hundred dollars of property and credits to be levied for support of public schools ; poll-tax of fifty-four cents. In addition to the state and county capitation taxes appropriated by the constitution, and other revenues for the support of the public schools, there shall be levied and collected every year for the maintenance and support of the public schools eighteen cents on every one hundred dollars 33 worth of property and credits in the state, and fifty-four cents on every poll, in addition to the taxes in the revenue law. E. Attention is called to section nine (9), chapter 199, Laws x 1889. The forms will contain separate columns for school poll-tax and school property tax, and it is required of the county commis- sioners and register of deeds to enter these items separate, whether levied in this section or under the provisions of section 2590. Each tax receipt is to show the total amount of school tax separate from the state and county tax, so that each tax payer may know exactly how much school tax he pays. The phrase, "in addition to the taxes in the revenue law," has reference to taxes on liquor dealers, and taxes other than property and poll. Sec. 2590. (As amended by the Laws of 1885.) If taxes insuffi- cient to maintain public schools four months, board of commissioners to levy special tax ; how collected. If the tax levied by the state for the support of the public schools shall be insufficient to maintain one or more schools in each school district for the period of four months, then the board of commissioners of each county shall levy annu- ally a special tax to supply the deficiency for the support and maintenance of said schools for the said period of four months or more. The said tax shall be collected by the sheriff in money, and he shall be subject to the same liabili- ties for the collection and accounting of said tax as for other tfxes. The said tax shall be levied on all property, credits and polls of the county ; and in the assessment of the amount on each the commissioners shall observe the constitutional equation of taxation ; and the fund thus raised shall be expended in the county in which it is collected, in such manner as the county board of education (Commissioners) may determine, for maintaining the public schools for four months at least in each year. But the county board of education (County Commissioners) shall not be required to expend upon a district containing less than sixty-five pupils the same sum it may give to larger districts, notwithstand- 3 34 ing an inequality of length of school terms may be the result. The county board of education (County Commis- sioners), on or before the annual meeting of the commis- sioners and justices of the peace for levying county taxes, shall make an estimate of the amount of money necessary to maintain the. schools for four months and submit it to the county commissioners. NOTE. This section should be observed and its provisions car- ried out fully by the county commissioners. It will be observed that the law is mandatory in its provisions, and that it is intended to carry into effect the provisions of article nine, sections two and three, of the state constitution. It will be noted that the county commissioners are required to make an estimate of the additional funds necessary to provide schools for four months and to levy the taxes for same if there is a margin before reaching the constitu- tional limit. For some years the law has required the county commissioners to levy any additional tax that might be necessary to continue the schools for a period of four months per annum, and the constitution of the state makes it their duty to do this under penalty of indictment ; and yet some commissioners do not attend to this duty. Construing the constitution and the statute together, we are forced to the conclusion that it is the imperative duty of the commissioners to levy this tax. The decision of the supreme court in Barksdale v. Commission- ers of Sampson, 93 N. C. Reports, does not relieve the commission- ers of this obligation except when the limit of 66 cents on $100 valuation of property and $2.00 on polls has been reached for state, county and school purposes. Section two, article five, of the constitution, is as follows : % u The proceeds of the state and county capitation tax shall be applied to the purposes of education and the support of the poor, but in no one year shall more than twenty-five per cent, thereof be appropriated to the latter purpose." The state tax is that levied by the general assembly, and the county tax is that levied by the justices of the peace and county commissioners. These taxes, combined, can never exceed $2. 00 on the poll. When this limit is reached the commissioners cannot levy any school tax under the provisions of this section, but they are required to see that the sheriff (tax collector) shall pay over to the treasurer of the board of education at least $1.50 on each poll that is collected, and they can allow more if they will. 35 If the limit of two dollars is not reached by the combined state and county levies, then at least three-fourths of whatever they do amount to must be paid over for schools; and in that case the com- missioners must make an additional levy, if necessary, to continue the schools four months. In ascertaining whether the limit has been reached, no special taxes for special purposes, under special acts of assembly, are to be included in the calculation. Sec. 2591. (As amended by the Laws of 1889.) School committee empowered to contract with teacher of private school; proviso. In any school district where there may be a private school, regularly conducted for at least nine months in the year, the school committee may contract with the teacher of such pri- vate school to give instruction to all pupils between the ages of six and twenty-one years in the branches of learning taught in the public schools, as prescribed in this chapter, without charge and free of tuition; and such school com- mittee may pay such teacher for such services out of the public" school funds apportioned to the district, and the agreement as to such pay shall be arranged between the com- mittee and teacher: Provided, any teacher so employed shall obtain a first-grade certificate before beginning his work, and shall from time to time make such reports as are required of other public school teachers under this chapter: Provided further, that the board of education of the county (Board of Commissioners) and the county superintendent (chairman of Commissioners) shall Have the same authority in respect to the employment and dismissal of teachers under this sec- tion and in every other respect as is conferred in other sec- tions of the law: And provided further, that all contracts made under this section shall designate the length of the public school term, which shall not be less than the average length of the public school terms of the county of the pre- ceding year. NOTE. This section is intended to harmonize the public and the private school interests, but it does not permit the pupils of any 36 , one district to be divided among the different private schools that may be located within its limits. The general law provides that districts must be laid off and definite territorial lines established and a public school-house provided, at which all the pupils within such lines are to attend school. If, however, the committee think best, they can employ the principal of a permanently established private school to teach all the pupils of the district, following the spirit and the letter of this section. The object of the above section is not to destroy the public school, but to make it better. Sec. 2592. Misdemeanor to wilfully disturb any school, etc. Every person who shall wilfully interrupt or disturb any public or private school, or any meeting lawfully and peace- fully held for the purpose of literary and scientific improve- ment, either within or without the place where such meet- ing or school is held, or injure any school building, or de- face any school furniture, apparatus or other school prop- erty, shall be guilty of a misdemeanor, and fined not ex- ceeding fifty dollars or imprisoned not more than thirty days. Any person who shall wilfully set fire to, or procure the same to be done, any school-house, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the penitentiary or county jail, and may also be fined in the % discretion of the court. Sec. 2593. (As amended by the Laws of 1885, chapter 54, Laws of 189?$.) State superintendent of public instruction authorized to employ clerk; his salary, how paid. The state superintendent of public instruction is author- ized to employ a clerk at a salary of one thousand dollars per annum, which shall be paid monthly by the state treas- urer, on the warrant of the auditor, out of any funds which may be in the treasury not otherwise appropriated. Sec. 652 of the Code, as amended by the Laws of 1889. Commis- sioners and county boards of education may punish, etc. The board of commissioners and the county board of education of each county shall have power to punish for 37 contempt, for any disorderly conduct or disturbance tend- ing to interrupt them in the transaction of their official business. Sec. 2654 of The Co'de, as ameuded by the Laws of 1889 aiid 1895. In every township, city, or town not now levying a spe- cial tax for schools equal to or greater than the tax herein- after authorized, the board of commissioners of the several counties of the State shall order an election to be held at date of the next election for members of the General Assembly and regularly hereafter to ascertain the will of the people whether there may be levied in each township, city or town not herein excepted a special annual tax of twenty cents an the hundred dollars valuation of property and sixty cents on the poll to supplement the public school fund for such township, city or town; said election may be held in the different election precincts and wards as pre- scribed in the chapter entitled "Elections Regulated;" said board of county commissioners shall for the purposes of the election to be held under this act direct that may be given by advertising at least thirty days before said election. At said election, those who are in favor of the levy and collec- tion of said tax may vote a ticket on which may be printed or written the words, "For Schools ;" and those who are opposed may vote a ticket on which may be printed or written the words, "Against Schools." See. 2655, as amended by Laws of 1895. That in case a majority of the qualified voters at said election are in favor of said tax, the same may be annually levied and appropriated in such township, city or town in the manner prescribed for the levying and appropriation of other school taxes. Provided, that all the money collected in each township, city or town under the provision of this act shall be expended exclusively upon the school therein. Provided, that this act may not apply to the counties 38 of Bertie, Northampton, Granville, Halifax, Rockingham, Columbus, Caswell, New Hanover, Alleghany, Perquimans, Chowan, Gates, Currituck, Carnden, Hertford, Pasquotank, Warren, Edgecombe, Catawba, Cumberland, Person, Anson, Union, Wake, Lenoir, Onslow, Green, Cleveland, Craven, Moore, Jones, Franklin, Nash, Wilson and Ash, Craven, Rowan, Sampson, Alamance, McDowell, Brunswick, For- syth, Johnston, Martin, Lincoln, Randolph, Buncombe, Chatham, Vance, Durham, Pitt, Transylvania, Warren, Mecklenburg and Hyde, Wilkes, Robeson, Richmond and Iredell. SECTIONS OF CHAPTER 174, LAWS OF 1885, WHICH ARE NOT EMBODIED IN THE SECTIONS OF THE CODE AS PRINTED IN THIS PAMPHLET. SECTION 24:. The principal or superintendent of every school supported in whole or part by public funds shall report to the state superintendent at such time and in such form as he may direct. SEC. 25. (As amemded by section 18, chapter 199, Laws 1889.) The treasurer of the county board of education shall, on the last Saturday of each month, attend at the office of the county board of education for the purpose of paying school orders (provided, that in those counties where the sheriff is ex-officio treasurer of the county he shall not be required to attend his office on the last Saturday in each month); but this shall not be construed to prevent the pay- ment of orders at other times; and he shall be allowed for compensation as treasurer of the school fund such sum as the board of education may allow him, not to exceed two per centum of his vouchers paid on orders of school com- mittees. NOTE. The orders given by Sc?iool Committeemen constitute the basis on which Treasurer's commissions are to be calculated and allowed. 39 SEC. 26 (As amended l>y section 17, chapter 199, Laws 1889.) No contracts for teachers' salaries shall be made during any fiscal year for a larger amount of money than is actually to the credit of the respective districts for that year, and no committee shall give an order unless the money to pay it is actually to the credit of the district. SEC. 27. The Secretary of State shall furnish a copy of The Code and of the laws to each county board of educa- tion. SEC. 28. No change of district shall be made until full information is laid before the county board of education, (County Commissioners) showing the shape, size, bound- aries and school population of all the districts aifected by the change. Unless for extraordinary geographical reasons, no change of district lines shall be made that will consti- tute any district with less than sixty-five children of school age, and the county board shall provide as far as practicable, that no district shall contain less than that number of children of school age. The county board shall furnish plans and and require the committees to construct comfortable houses, with a view to permanency and enlargement as the increas- ing population may demand. The county board shall in all matters, obey the requirements of the state board of education and the state superintendent. NOTE. This section does not require the counties to be redis- tricted. If changes of district lines are made, however, full infor- mation must be laid before the board of County Commissioners to enable them to act intelligently. In making new districts or changing lines, no district can be made, or left, with less than sixty- five children of school age, unless on account of extraordinary geographical reasons, such as the intervention of dangerous rivers or creeks; the large territory that, in some sparsely populated sec- tions, would be required to include sixty-five pupils, etc. Let the County Commissioners, the committees and the people work together, in the respective counties, to build comfortable houses, furnish them well, and make their location permanent; then our system will be much more effective for good. CHAPTEE 199, LAWS 1889. (Sections are omitted which are embodied in the sections of The Code as printed in this pamphlet.) SECTION 1. That the fiscal school year shall begin on the first day of July and close on the thirtieth day of June next succeeding. SEC. 4. That the bond of the treasurer of the county board of education shall be approved by the board of county com- missioners, and they shall bring action for any breach thereof, and on their failure to bring such action, it may be brought in the name of the state on the relation of any tax-payer. The said bond shall be separate, not including liabilities for other funds, and shall be in double the amount of school funds which he may receive or -which w r ere received by his predecessor during the previous year. SEC. 8. That whenever the sheriif or other collecting officer pays over moneys to the treasurer of the board of education, he shall designate the items as indicated in sec- tion two thousand five hundred and sixty of The Code, as amended by this act, and these items shall be stated in the receipts given by the treasurer. SEC. 9. That the auditor of the state shall include on the form which he furnishes to the board of county com mis- f sioners, and on which the tax-lists are to be made out, sepa- rate columns 'for school poll-tax and school property tax, in one of which columns shall be entered the total poll-tax levied by the general assembly and the county authorities for schools due by each tax-payer, and in the other the total property tax levied by the general assembly and the county authorities for schools due by each tax-payer. The auditor's form shall likewise show, in separate columns, the white and colored polls, and in separate columns the property of whites and colored, and the list-taker's form shall be arranged accordingly. 41 SEC. 11. That for immoral conduct or other conduct unbe- coming a teacher, the county superintendent (Examiner) shall have power to revoke any certificate given by a county superintendent (Examiner). SEC. 12. That teachers may be qualified to their orders by any person authorized to administer an oath. SEC. 19. That on the first Monday of July the board of education (Commissioners), county superintendent (clerk of Commissioners), and treasurer shall meet at the office of the board and settle all the business of the preceding fiscal year. Hhe board shall, on that day, examine the reports of the treasurer and county superintendent (clerk of Commission- ers) which are required to be made to the State superinten- dent, and, if found correct, shall direct them to be forwarded. SEC. 20. That should any day specified in this act on which any duty should be performed fall on Sunday, such duty shal] be performed on the day following. SEC. 21. That the register of deeds shall furnish to the board of education (Commissioners), as soon as the tax-lists are made out, an abstract of said lists, showing, in separate columns, the total amount of poll-tax borne on said lists, and also the total amount of property tax borne on the same, and shall furnish such other information from his office as the county board of education (Commissioners) may from time to time require. SEC. 24. That as far as practicable the county board shall require all schools to be in session at the same time, and no school shall be in session at the close of the fiscal year. SEC. 26. That if the term of office of any treasurer shall expire on the thirtieth day of November during any fiscal school year, or if for any reason he shall hold office beyond the thirtieth of November and not for the whole of the cur- rent fiscal school year, he shall, at the time he goes out of office, file with the county board of education (County Com- missioners) and with his successor a report, itemized as 42 required by section 2560 of The Code as amended by this act, covering the receipts and disbursements for that part of the fiscal school year from the thirtieth of June preced- ing to the time at which he turns over the office to his suc- cessor, and his successor shall include in his report to the state superintendent the receipts and disbursements for the current fiscal school year. SEC. 27. That each treasurer of the county board of educa- tion, on going out of office, shall deposit in the office of the board of education (Commissioners) of his county his books in which are kept his school accounts, and all records and blanks pertaining to his office. SEC. 38. The clerks of all criminal courts shall furnish, immediately upon the close of the term, to the board of education (Commissioners) of the county a detailed statement of fines, forfeitures and penalties which go to the school fund that have been imposed or which have accrued during the terms. Any clerk failing to comply with the duties herein prescribed shall be guilty of a misdemeanor, and shall, upon conviction, be fined or imprisoned at the discre- tion of the court. SEC. 41. That in addition to the requirement for obtain- ing a first-grade certificate, as now provided by section 2566 of The Code, as amended by Laws of 1885, the appli- cant must, from and after one year from the ratification of this act, stand a satisfactory examination upon some books on school economy and theory and practice of teaching, to be selected by the state supeiintendent of Public Instruc- tion. NOTE. The superintendent has selected Page's Theory and Practice of Teaching in compliance with this section. (See Appen- dix for arrangements for purchasing the book. SEC. 42. That in determining the right of any child to attend the white or colored schools, the rule laid down in section 1810 of The Code, regulating marriages, shall be followed. 43 SEC. 47. By and with the consent of the county board of education (County Commissioners), the 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 superintendent of the public schools of said districts, and he shall perform all the duties of the county superintendent (Examiner) as to said districts, and shall make to the county superintendent (Clerk of Board of Commissioners) all reports that may be necessary to enable him to make his reports to the state superintendent. SEC. 48. That all laws and clauses of laws inconsistent with the provisions of this act are hereby repealed. SEC. 49. That this act shall be in force from and after its ratification. Ratified the llth day of March, A. D. 1889. CHAPTER 169, LAWS 1891. AN ACT TO PROVIDE FOR THE STUDY OF THE NATURE OF ALCOHOLIC DRINKS AND NARCOTICS, AND OF THEIR EFFECT UPON THE HUMAN SYSTEM, IN THE PUBLIC SCHOOLS. The General Assembly of North Carolina do enact: SECTION 1. That the nature of alcoholic drinks and nar- cotics and special instruction as to their effect upon the human system in connection with the several divisions of the subject of physiology and hygiene shall be included in the branches of study taught in the common or public schools in the State of North Carolina, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of text- books in the hands of the pupils, and orally in case of pupils unable to read, and shall be taught by all teachers and studied by all pupils in all schools in this state supported wholly, or in part, by public money. SEC. 2. That the text-books used for the instruction to be given in the preceding section for primary and intermediate grades shall give at least one-fourth of their space to the consideration of the nature and effect of alcoholic drinks and narcotics, and the text-books used in the higher grades of the public schools shall give at least twenty pages to the consideration of this subject. SEC. 3. That no certificate to teach in the public schools in this state shall hereafter be granted to any applicant who has not passed a satisfactory examination in the study of the nature of alcoholic drinks and narcotics, and of their effect upon the human system in connection with the several divisions of the subject of relative physiology and hygiene. SEC. 4. That it shall be the duty of the proper officers in control of any school described in the first section of this act to enforce the provisions of this act, and any such officer, school director, committee, superintendent, or teacher who sha.ll refuse or neglect to comply with the requirements of this act, or shall neglect or fail to make proper provisions for the instruction required and in the mariner specified by this act for all pupils in each and every school under his control and supervision shall be removed from office, and the vacancy filled as in other cases. SEC. 5. That this act shall be in force and take effect from and after the first day of August, 1891. In the general assembly read three times, and ratified this the 27th day of February, 1891. NOTE. The county examiners will examine the teachers as required by this statute and issue certificates upon the same basis of grading as is required by the general law as to other branches. CHAPTEE 69, LAWS 1893. AN ACT TO REQUIRE THE COUNTY SUPERINTENDENTS OP PUBLIC INSTRUCTION TO SECURE INFORMATION AS TO THE NUMBER OF DEAF, DUMB AND BLIND CHIL- DREN IN THEIR RESPECTIVE COUNTIES. The General Assembly of North Carolina do enact: SECTION 1. That it shall be the duty of the county super- intendent of public instruction (clerk of the board of County Commissioners) to require of the school committee of the various school districts in enumerating the number of school children, to make a statement in the report of the number of deaf, 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 said children; and the county superintendents of public instruction (clerks of boards of County Commissioners) are hereby required to furnish such information to the principals of the deaf, dumb and blind institutions, and the superintendent of public instruction, in preparing blanks as directed in The Code, section three thousand three hundred and seventy, shall include questions, answers to which will furnish the information aforesaid. SEC. 2. That this act shall be in force from and after its ratification. Katified the 2d day of February, A. D. 1893. CHAPTEK 372, LAWS 1893. AN ACT TO CERTIFY AS TEACHERS IN THE PUBLIC SCHOOLS OF THE STATE THE GRADUATES OF PEA- BODY NORMAL COLLEGE OF NASHVILLE, TENNESSEE. The General Assembly of North Carolina do enact: SECTION 1. That the graduates from Peabody Normal Col- lege, Nashville, Tennessee, in the degree of Licentiate of 46, Instruction, and any higher degrees conferred by said insti- tution, shall be recognized in this state as certified for life-as teachers in any and all public schools. SEC. 2. That this privilege is subject to revocation by the state superintendent of public instruction, or by the state board of education, at his or their discretion, for cause. SEC. 3. That this act shall be in force from and after its ratification. ' Eatified the 6th day of March, A. D. 1893. NOTE. Any conduct which would be good cause for revoking a certificate granted to a teacher by a county examiner would be good cause for revoking the priviledge granted by this act. Any county examiner or county board of commissioners having knowledge of such conduct by any graduate of said college, teaching in the state, will report the same, with proper proofs, to the state superinten- dent, or to the state board of education. SECTIONS 12 AND 13 OF CHAPTER 214, LAWS OF 1893, is PUBLISHED BELOW FOR THE INFORMATION OF THE PUBLIC AND THE GUIDANCE OF PUBLIC SCHOOL x OFFICERS. SECTION 12. The county superintendents of health, or the board of health in the several cities and towns where organ- ized, otherwise the authorities of said cities or towns, shall cause a record to be kept of all reports received in pursuance of the preceding sections, and such records shall contain the names of all persons who are sick, the localities in which they live, the diseases with which they are affected, together with the date and names of all persons reporting any such cases. The boards of health of cities and towns wherever organized, and where not the mayors of the same, and in other cases the county superintendent of health, shall give the school committee of the city or town, the principals of private schools and the superintendent of public instruction of the county (chairman of the Board of County Commis- 47 sioners), when the schools are ID session, notice of all such cases of contagious diseases reported to them according to the provisions of this act. A failure to perform this duty for twenty-four hours after the receipt of the notice shall be deemed a misdemeanor, and subject the delinquent upon conviction to a fine of not less than ten nor more than fifty dollars. SEC. 13. The school committees of public schools, superin- tendents of graded schools and the principals of private schools shall not allow any pupil to attend the school under their control while any member of the household to which said pupil belongs is sick of either small-pox, diphtheria, measles, scarlet fever, yellow fever, typhus fever or cholera, or during a period of two weeks after the death, recovery or removal of such sick person; and any pupil coming from such household shall be required to present to the teacher of the school the pupil desires to attend a certificate from the attending physician, city health officer or county super- intendent of health of the facts necessary to entitle him to admission in accordance with the above regulations. A wilful failure on the part of any school committee to perform the duty required in this section shall be deemed a misde- meanor, and upon conviction shall subject each and every member of the same to a fine of not less than one nor more than twenty-five dollars: Provided, that the instructions in accordance with the provisions of this section given to the teachers of the schools within twenty-four hours after the receipt of each and every notice, shall be deemed performance of duty on the part of the school committee. Any teacher of a public school and any principal of a private school fail- ing to carry out the requirements of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one nor more than twenty-five dollars. APPENDIX LIST OF TEXT-BOOKS, ETC. Section 2539 of the school law prior to March 6th, 1895, required the state board of education to recommend a series of text-books to be used in the public schools for a term of three years and until otherwise ordered ; and section 22, chapter 199, Laws 1889, made the use of the books so recommended compulsory in all the public schools of the state. The act of 1895, see section 2539 of this pamphlet, requires the county boards of education (County Com- missioners) to adopt text-books on first Monday in June, 1896. Till then the list here published is to be used under the contract of state board of education with publishers . The contracts with the publishers require them to furnish the books to pupils at the cash retail price given opposite each book mentioned in the list below, and to make convenient arrangements to keep them for sale in all the counties. The following is the list as now revised, with the names of the publishers : UNIVERSITY PUBLISHING co. Contract Price. Hansell's School History of U. S $0.60 Harwell's Higher School History of U. S 1.00 Holmes' First Reader. New Edition 15 Holmes' Second Reader. New Edition 25 Holmes' Third Reader. New Edition 40 Holmes' Fourth Reader. New Edition 50 Holmes' Fifth Reader. New Edition 72 Maury's Elementary Geography 55 Maury's Revised Manual of Geography, N. C. Edition 1.25 Maury's Revised Physical Geography 1.20 Sanford's Primary Analytical Arithmetic 20 Sanford's Intermediate Analytical Arithmetic 36 Sanford's Common School Analytical Arithmetic 64 Sanford's Higher Analytical Arithmetic 85 Sanford's Elementary Algebra 1.00 Finger's Civil Government 60 50 THE J. B. LIPPINCOTT CO. Worcester's Primary Dictionary 48 Worcester's New School Dictionary 80 Worcester's Comprehensive Dictionary 1.40 Worcester's Academic Dictionary 1.50 Worcester's Octavo Dictionary 8.40 THE BAKER & TAYLOR CO. Stephens' History of the U. S. (as Reference Book) '.. 1.08 AMERICAN BOOK CO. McGuffey's Revised Eclectic Primer.. 10 Harvey's Elementary Grammar and Composition. Revised.... .42 Harvey's Practical English Grammar. Revised 65 Eclectic Penmanship. Elementary Tracing Course. 3 Nos. Doz 72 Eclectic Penmanship Copy-Books. New. 9 Nos. Per doz 96 Swinton's Language Primer 28 Harrington's Spelling Book 20 Harper's New Graded Copy-Books. Primary Course. 7 Nos. Doz 72 Harper's New Graded Copy-Books. Grammar Course. 8 Nos. Doz 96 Steele's Abridged Physiology 50 James' Southern Selections 1.10 Page's Theory and Practice of Teaching 1.00 Peterman's Elements of Civil Government 60 Webster's Primary Dictionary 48 Webster's Common School Dictionary 72 Webster's High School Dictionary 98 Webster's Academic Dictionary 1.50 Webster's Counting House Dictionary 2.40 A. WILLIAMS & CO. North Carolina Speaker. Cloth 50 " " " Paper ! 40 " " Practical Spelling Book 20 Mrs. Spencer's First Steps in N. C. History 75 Moore's History of N. C 85 North Carolina Writing Books. Per doz 1.00 Williams' Reader for Beginners 15 LEACH, SHEWELL & SANBORN. Brand's Good Health for Children 20 Brand's Health Lessons for Beginners 28 51 EDWARDS & BROUGHTON. Johnson's History of Negro Race .75 Uniformity will save much of the time of the teachers and will enable them to advance their pupils much more satisfactorily. Our school terms are very short, but uniformity of text-books will help much to make the schools efficient. The publishers have arranged to put the list-books on sale with the University Publishing Co., 66 and 68 Duane street, New York, so that merchants can order all from one house with less trouble than if they were obliged to order separately from each house rep- resented on the list. This arrangement will continue till June, 1896, County Commis- sioners at that time will make their own arrangements. A reasonable profit to merchants is provided for on condition that they buy for cash and sell to the children at the list contract price for cash, and the University Publishing Co. will furnish blanks for the convenience of the merchants in making orders. The boards of Commissioners should secure book-dealers in the different sections of their counties, so that the books may be within easy reach of the children. It will therefore be convenient to obtain the books, and a reason- able profit being provided, there ought to be no difficulty in secur- ing merchants to keep them on sale. PLAX OF SCHOOL HOUSE. 32' I] I This diagram shows the plan and size of a convenient school- 52 room for 60 pupils seated at double desks. The school-room proper is 32 feet by 29 feet. A full-sized double desk occupies a floor space equal to 4 feet in front by 2| feet in rear. The side aisles are 3i feet wide; inside aisles 2 feet ; rear aisle 3| feet. Double desks should be placed in every school-house. If the money is not in hand to purchase such as are offered by dealers in school furniture, very inexpensive ones can be made out of boards by any carpenter. Every pupil should not only have a comforta- ble seat, but every seat ought to have attached to it a writing-desk and a shelf for books. The plan of the house is easily understood, and bill of lumber can be made out by any workman. It contemplates five (5) win- dows in main room and two in the vestibule. C represents location of chimney. D represents location of doors. T represents location of teacher. V represents vestibule, which it is very desirable to have as a place to deposit hats, cloaks, etc. S represents spaces occupied by the double desks, 4 feet by &J feet. The height of story should not be less than 12 feet ; each of the windows in the school- room should contain a glass surface of not less than 6 feet by 2| feet, and should be placed not less than 3i feet from the floor. A chimuiey and fireplace are advised. The cost is not much more than the cost of a flue running through the roof, and the chimney is much safer. Besides, the chimney is very valuable as a ventilator, and it affords the draft for stove connections, if heat- ing by stove is preferred. The chimney should be built with a separate flue for stove. In case a stove is used, it should be surrounded, or partly sur- rounded, by sheet iron to protect the pupils who sit near it from too great direct heat. THE Box FRAME is the simplest and cheapest style of building a house of sawed lumber, but it is not so comfortable as the ordi- nary framed house, weather-boarded and ceiled or plastered. The latter is specially recommended, because the ceiling or plastering furnishes excellent surface for blackboard. Perhaps most districts will find ceiling cheaper. The house should be located so that the chimney will be at the east end. If it is so located, there will be three windows on the north and only two on the south, and all favorably placed for pleasant lighting. There are other obvious reasons for placing the house east and west. 53 At a few dollars more expense, the vestibule can be cut into two rooms, one of which may be used for male and the other for female pupils. It is desirable to have at least one private room. This arrangement Avill require two entrance doors instead of one. By a little crowding 64 or 68 pupils can be accommodated in a house of this size. If more room is needed, all that is required is to extend the length of the house. Every 2| feet of extension will make room for 4 desks and 8 pupils. If it is found desirable to have another room to accomodate more pupils and an assistant teacher, it can be conveniently added to the east end of the house, and the same chimney can be used for stove connections. But whatever variations from this plan may be deemed advisable, it must ever be remembered that every pupil must have a comfort- able seat and writing facilities connected therewith. All good methods now recognize that little children must use slates and learn to write while they are learning to spell and read in the elementary books. FORM OF CONTRACT WITH TEACHER. This memorandum of ari agreement, entered into this day of , 18 , between , , , committe- inen for District No , race, of county, N. C., and a teacher holding a grade certificate. Witnesseth : That the committee aforesaid agree to employ as a teacher of the public school in district race of county, N. C., and to pay him at the rate of dollars per school month while he is conducting said school. And the said agrees faithfully to perform all the duties of a public school teacher in said district, and to keep a register according to law, and return it to the school committee at the close of the term. It is understood that this contract is made subject to the limita- tions and conditions of the public school law. The length of the term shall be months, but the school shall close whenever the apportionment is exhausted. In witness whereof, the said parties have hereunto set their hands the day and date above written. > Committee. Signed in duplicate, each ) party keeping a copy. J , Teacher. Apportionment by State treasury, section 2535. by county treasury, sections 2551, 2552. Auditor to keep separate account of public school fund, section 2536. on tax lists furnished commissioners to make separate columns for school poll tax and school property tax and for white and colored polls, and white and colored property, section 9, chapter 199, Laws of 1889. Blanks furnished school committees by Register of Deeds, section 2570. Books for public schools, by whom and when adopted, section 2539, and section 41, chapter 199, Laws of 1889. Census of school children, when taken, section 2579. of deaf, dumb and blind children, taken by school com- mittee, chapter 69, Laws of 1893. Certificates, grading requisite for first, second and third grade, section 2566, and section 41, chapter 199, Laws of 1889. examiner may revoke for cause, section 11, chapter 199, Laws of 1889. for life, chapter 372, Laws of 1893. See also charter Normal School, Greensboro, chapter 139, Laws of 1891. for three years, see chapter 120, Private Laws of 1893. Clerk of Courts, furnish lists of fines, etc., to County Commission- ers, section 38, chapter 199, Laws of 1889. Committees, school, how elected, and how removed, section 2553. sign orders in their own handwriting, section 2553. must sign all orders for school money for their districts, sec- tion 2555. may order additional studies taught in their schools, section 2566. must take oath of office, section 2576. organize, when, section 2577. keep records of proceedings, section 2577. school, body corporate, with powers to transact all business pertaining to corporation, section 2578. conveyances to shall be to them and their successors in office, section 2578. take census of school children, section 2579. take census of deaf, dumb and blind children, chapter 69, Laws 1893. 56 Committees, school, report school property and value thereof, sec- tion 2579. employ and dismiss teachers and fix salary of same, section 2580. not to make contract with teachers to extend beyond term of office, section 2580. not to contract for more money than to credit of district for fiscal year, section 2580, and section 26, chapter 174, Laws of 1885. sign teacher's orders on proper report being made, section 2581. receive or purchase sites for school houses, sections 2582, 2583. have care and custody of school houses, sites, books and other property belonging to the district, section 2582. sell sites deemed unnecessary for public school purposes, con- ditions of sale of same, etc., section 2583. to condemn sites when unable to purchase, section 2583. proceedings necessary to condemn, section 2583. deliver deeds to commissioners, section 2584. power to exclude immoral pupils, section 2588. power to admit pay students to public school, section 2588. to contract with teacher of private school holding first grade certificate, section 2591. not to give order uuless money actually to credit of district, section 26, chapter 174, Laws of 1885. County Commissioners, charged with general management of public school, section 2546. obey instructions of State Superintendent, section 2546. decide all controversies, questions, etc., section 2546. to institute and prosecute necessary actions, suits or proceed- ings for recovery, etc., of monies or property for public schools, obey the instructions of State Superintendent and accept his construction of the school law, section 2546. meetings, when held, section 2545. lay off school districts, sections 2549, 2550. apportion school funds, method of apportionment, sections 2551, 2552. change districts proceedings neccessary for same, section 28, chapter 174, law of 1885. require school committees to build comfortable school houses, section 28, chapter 174, laws of 1885. receive catalogue of teachers from examiner, section 2572. have deeds recorded, section 2584. exclude immoral pupils, section 2588. make estimate for four months school, section 2590. County Commissioners, members, power to administer oaths to teachers and school officers, section 2576. punish for contempt, section 652 of The Code, which section follows section 2593 in the pamphlet. meet county treasurer for settlement and approval of report to State Superintendent and direct same to be forwarded, section 19, chapter 199, laws of 1889. receive lists of fines, etc., from clerks of courts, section 38, chapter 199, laws of 1889. chairman to countersign orders for teacher's salary, sections 2555, 2571. not to countersign teacher's order till teacher has made proper report as required by law, section 2571. must qualify teacher to said report, section 2571. allow pay to Register of Deeds for clerical work in school matters, section 2575. Day for official duty, falling on Sunday duty performed on follow- ing day, section 20, chapter 199, laws of 1889. Days, twenty school days a month, section 2580. Deeds, blank furnished by County Treasurer to school commit- tees, section 2557. what kind necessary for school sites, section 2557. to be delivered to commissioners and recorded, section 2584. Districts, for schools, how laid off, sections 2549, 2550. how changed, section 28, chapter 174, laws of 1885. Examinations, how conducted and branches of study on which to be held, section 2566, arid section 41, chapter 199, laws of 1889. when held, section 2548. Examiner, by whom and when appointed, section 2548. to examine teachers, sections 2548, 2566, and section 41, chap- ter 199, laws of 1889. Examination, to be public, section 2566. paid by fees from applicants, section 2548. deliver catalogue of teacher to commissioner, section 2572. revoke certificates, section 11, chapter 199, laws of 1889. Fines, with penalties and forfeitures, belong to county school fund, section 2544. list furnished by court clerks to Board of Commissioners, section 38, chapter 199, laws of 1889. Oaths, by whom administered, section 2576. Orders, on County Treasurer, how issued, section 2555. for maps, charts, etc., not valid unless approved by County Commissioners, section 2555. when not to be issued, section 26, chapter 174, laws of 1885. Register of Deeds, clerk for, educational work, Board of Commis- sioners, must record proceedings thereof, section 2548. to distribute blanks to school committees, section 2570. report school statistics to State Superintendent, section 2573. record his report to State Superintendent, section 2574. pay for clerical work in school matters, section 2575. receive census report from school committees, section 2579. receive report from teachers public schools, section 2586. furnish county commissioners with abstracts of tax lists, section 21, chapter 199, laws of 1889. Right, of child to attend white school or colored school, how fixed, section 42, chapter 199, laws of 1889. Secretary of State, to furnish laws to. County Commissioners, sec- tion 27, chapter 174, laws of 1885. Sheriffs, pay school funds to County Treasurers in money only, section 2563. Sheriffs, to take duplicate receipts from County Treasurers for school funds, send one receipt to State Auditor, one to Chairman Board Commissioners, section 2564. Sheriff, in paying school money to County Treasurer to itemize as required by section 2560 of school law, section 8, chapter 199, laws of 1889. School fund, what paid to State Treasurer, section 2543. what paid to County Treasurer, section 2544. School fund of county, sources from which derived, section 2544. School, public, defined, section 2588. who may attend, section 2588. private, contract with teacher of by public school commit- tee, section 2591. to disturb meeting for, to injure house, a misdemeanor, sec- tion 2592. year, when to begin, section 2587, and section 1, chapter 199, laws of 1889. month, twenty days, section 2580. session at same time, section 24, chapter 199, laws of 1889. no public, to be in session at close of school year, section 24, chapter 199, law of 1889. sites, how acquired, sections 2582, 2583. houses, plans for to be furnished by commissioners to school committees, section 28, chapter 174, laws of 1885. Solicitors of the several judicial districts, criminal and inferior courts, to prosecute for penalties, etc., section 2544. State Superintendent of Public Instruction, duties, sections 2540, 2541, 2542. to furnish blanks to county school officers, section 2570. 59 State Superintendent of Public instruction, clerk to, section 2593. Studies, to be taught in public school, section 2566, and chapter 169, Laws 1891. school committee:* may arrange* for additional, section 2566. Tax, school, levied by general assembly, section 2589. levied by county commissioners, section 2590. special, for schools election to be ordered by county commis- sioners in certain counties, sections 2654, 2655. Tax list, separate for school, poll and school property tax to be made by State Auditor, section 9. chapter 199, Laws of 1889. Teacher's certificates, standard for first grade, second grade and third grade, section 2566. salary, section 2580. salary, maximum- for first grade fixed by commissioners, sec- tion 2580. employment of by school committees, section 2580. to render statement number pupils, etc., section 2581. may dismiss pupils, for what cause; may punish pupils, sec- tion 2585 and note thereunder. to keep record of school and report, section 2586. of any school supported by public funds to report to State Superintenden when required, section 24, chapter 174, Laws of 1885. how to qualify to orders for salary, section 12, chapter 199, Laws of 1889. maximum salary for different grades, section 2580. not to be employed without certificate, section 2580. Teacher, to be examined on "Theory and Practice," section 41, chapter 199, Laws of 1889. Text-books, County Commissioners to adopt for public schools, section 2539. on theory and practice adopted by State Superintendent, section 41, chapter 199, Laws of 1889. for public schools, list of, see Appendix. Treasurer of county, to be treasurer of the school funds of the county, section 2554. bond, to. whom given, how executed, section 2554. bond may, when necessary, be required to be strengthened by County Commissioners, said commissioners guilty of misdemeanor for failing to so strengthen, section 2554; sec- tion 4, chapter 199, Laws of 1885. compensation of, section 25, chapter 174, Laws of 1889. to pay school orders only when countersigned by Chairman Board of Commissioners, section 2555. 60 Treasurer of county, when to pay orders for building or repair- ing school houses, section 2555. to keep books, section 2556; section 5, chapter 199, Laws of 1889. to balance his accounts, when, section 5, chapter 199, Laws of 1889. furnish blank deeds to school committees, section 2557. produce books and voucher for examination, when, section 2559. exhibit all school funds to commissioners at regular settle- ment, section 2559. report to State Superintendent, what report to contain, sec- tion 2560: to keep book, receive money only, book, how to be kept, sec- tion 2561. penalty for failing to report to State Superintendent, section 2562. Treasurer, to attend at office of commissioners for paying school orders, section 25, chapter 174, laws of 1885. to meet Board Commissioners for settlement and report, section 19, chapter 199, laws of 1889. term of office expiring, must turn overbooks, report, etc., section 26, chapter 199, laws of 1889. to deposit books on expiration of term of office, section 27, chapter 199, laws of 1889. of State to pay warrants for school funds to county treasurers, section 2538. Warrants, for apportionment of school fund from State Treasury, how issued, section 2537. MISCELLANEOUS. Notice of contagious diseases to be given to school committees, teachers, public and private, and to school officers by county, city and town health officers, sections 12, 13, chapter 214, laws of 1893, printed in this pamphlet. Nature and effects of alcoholic drink and narcotics on the human system to be taught in all public schools, teachers to be examined on the same, chapter 169, laws of 1891. County Commissioners will adopt text-books on the above subjects when other books are adopted. APPENDIX. List of text-books. Form of teacher's contract. Plan of school house.