$B 2D LIBRARY OF THE UNIVERSITY OF CALIFORNIA. Received , igo . Accession No. _ .8.2745. . Class No. Extracts from the State Constitution Respecting Public Schools. SECTION VII. 6. The fund for the support of free schools, and all money, stock and other property which may hereafter be appropriated for that purpose, or received into the treasury under the pro- vision of any law heretofore passed to augment the said fund, shall be securely invested and remain a perpetual fund; and the income thereof, except so much as it may be judged expedient to apply to an increase of the capital, shall be annually appropri- ated to the support of public free schools, for the equal benefit of all the people of the State ; and it shall not be competent for the Legislature to borrow, appropriate or use the said fund, or any part thereof, for any other purpose, under any pretence what- ever. The Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in this State between the ages of five and eighteen years. 11. The Legislature shall not pass private, local or special laws providing for the management and support of free public schools. NEW JERSEY SCHOOL LAWS With Notes, Blanks and Forms For the Use and Government of School Officers, PREPARED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, TO BE PRESERVED AND DELIVERED BY EACH OFFICER TO HIS SUCCESSOR. TRENTON, N. J. : MACCRELLISH & QDIGLEY, BOOK AND JOB PRINTERS. 1891. THE SCHOOL LAW AN ACT to Establish a System of Public Instruction. STATE BOARD OF EDUCATION. 1. BE IT ENACTED by the Senate and General Assembly of composed".* 1 ' how the State of New Jersey, That the general supervision ch^> 'a j i and control of public instruction in the State ol New Jersey shall be vested in a state board of education, which shall consist of the trustees of the school fund and eight members, who shall be appointed by the governor, one from each congressional district, by and with the advice and consent of the senate; not more than four of the members so appointed shall be of the same political party; their term of office shall com- mence on the first day of April, one thousand eight hundred and ninety-one, and they shall hold office for the term of five years and until their successors are appointed. 2. The board of trustees of the state normal school is hereby abolished ; all the duties and offices of such iSdg' board shall hereinafter be exercised and performed by the state board of education, provided for in the first section of this act. 3. Said institution (New Jersey school for deaf-mutes) shall be under the control and management of the state ch^'. x 9 cvn, board of education ; such board shall have all the 2 powers and perform all the duties of the board of trus- tees created by the act to which this is a supplement, which board of trustees is hereby abolished. (For the powers and duties of the state board of edu- cation as trustees of the state normal school and trus- 82745 SCHOOL LAW. Quorum. P. L. 187 Chap. LX1X, Si: Powers and duties P. L. 1867, Chap. CLXXIX.^2. Make rules. [See sec. 31 J Recommend laws. Appoint county superintendents. P. L. 1880, Chap. CLXV, I i- Make rules for institute*. P. L. 1867, Chap CLXXIX,2. Authorize pay- ment cf expenses of state superin- tendent. Ibid 2.2. Decide appeals. Compensation. Ibid, g 3 P. L. 1885, Chap CVXIV, g i, div. 4. Annual report. P. L. 1867, Chap CLXXIX, 4 . tees of the New Jersey school for deaf-mutes, see "Normal School" and "Deaf-Mute School.") 4. A quorum of the state board of education shall consist of eight members. 5. The state board of education shall have power, and it shall be their duty : I. To frame and modify at pleasure such by-laws as may be deemed expedient for their own government, not inconsistent with the provisions of this act, and to prescribe and cause to be enforced all rules and regula- tions necessary for carrying into effect the school laws of this state ; II. To consider the necessities of the public schools, and recommend to the legislature, from time to time, such additions and amendments to the laws as are deemed necessary for perfecting the school system of the state ; III. To appoint the county superintendents of the several counties of the state ; IY. To prescribe all rules and regulations for holding teachers' institutes; Y. To authorize the payment by the treasurer of the school fund, upon the warrant of the state comptroller, of all the necessary incidental expenses incurred by the state superintendent in the performance of his official duties ; VI. To decide all appeals from the decision of the state superintendent of public instruction. 6. The members of the board shall receive no com- pensation for their services, but the treasurer of the school fund shall pay the necessary expenses of the said members, upon the warrant of the state comptroller. 7. The board shall report annually to the legislature in regard to all matters committed to their care. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 8. The state superintendent of public instruction shall be appointed by the governor, by and with the advice SCHOOL LAW. and consent of the senate, for the term of three years, fendent u , p how" and until his successor is appointed, and shall receive annually a salary of three thousand dollars, to be paid chap. v/gi. out of the income of the school fund ; provided, that p r0 vu . nothing herein contained shall prevent his re-election. 9. He shall be required to have his office in the state offiS 101 t_ . m P. L. 1867, house, at Trenton. ch ap . (^V^C^CT^C '/ f\ 10. It shall be his duty to carry out the instructions of the board, and to enforce all rules and regulations StSSSTof ., -, , ., state board. prescribed by them. ibid. 7 . 11. He shall be, ex officio, secretary of the board of ? b f d ce (r" officio< education, president of the state association of school l See si:c - 43.] superintendents, and a member of the state board of ex- aminers, and of all county and city boards of examiners. 12. He shall have the supervision of all the schools of f" h p e ^ sion of the state receiving any part of the state appropriation, Ibid -9- and shall be the general adviser and assistant of the county superintendents ; he shall, from time to time, as he shall deem for the interests of the schools, address circular letters to said superintendents, giving advice as to the best manner of conducting schools, constructing school houses, furnishing the same, and procuring com- petent teachers. 13. The state superintendent, under the direction of Apportionment * ' of school moneys the trustees of the school fund, shall apportion to the ibfdTio 158 '" 1 several counties the state school moneys to which each may be entitled, which apportionment shall be made in the ratio of the number of children between the ages of five and eighteen in the said counties, as ascertained by the last annual report of the state superintendent; he shall furnish to the state comptroller, and to the county superintendent and the county collector of each county, an abstract of such apportionment, and shall draw his order on the state comptroller for the amount to which each county is entitled, in favor of the county collector of said county. 14. He shall have power, and it shall be his duty to direct and cause the county superintendent of any county, or any board of trustees or other school officers, SCHOOL LAW. Power of with holding school moneys. [See sees. 22, 41 and 121. 1 Ibid. 3 ii. [See sec. 147.] Blanks and forms, how furnished Ibid. 12 [See sec. 179.] To decide dis- putes. Ibid. \ 13. [See sees. 5, div vi, and 42 ] Preserve books and apparatus. Ibid, g 14. File report, &c. Ibid. 15. to withhold from any officer, or district, or teacher, that part of the state appropriation derived from the revenue of the state, until such officer, district, or teacher shall have complied with the provisions of this act and its supplements, relating to his, its or their duties, and with all the rules and regulations made in pursuance thereof by the state board of education; he shall forbid the payment of said part of the state appropriation to any district in which the school or schools have not been kept according to law, or in which a public school has not been kept for at least nine months during the year next preceding the demand for payment. 15. He shall prepare, and cause to be printed, suitable forms for making all reports and conducting all neces- sary proceedings under the school laws of this state, and shall transmit them to the local school officers and teachers ; he shall cause all school laws to be printed in pamphlet form, and shall annex thereto forms for mak- ing reports and conducting school business. 16. He shall decide, subject to appeal to the state board of education, and without cost to the parties, all controversies or disputes that may arise under the school laws of the state or under the rules and regulations pre- scribed by the state board of education, the facts of which controversies or disputes shall be made known to him by written statements by the parties thereto, veri- fied by oath or affirmation, if required, and accompanied by certified copies of all documents necessary to a full understanding of the question in dispute; and his de- cision shall be binding until a different decision shall be given by the state board of education. 17. He shall preserve in his office such school books, apparatus, maps, charts, works on education, plans for school buildings, and other articles of interest to school officers or teachers, as may be secured without expense to the state. 18. He shall file all school reports of this state and of other states which may be sent to his office, and shall SCHOOL LAW. keep a record of all the acts connected with his official duties, and preserve copies of all the decisions given by him. 19. He shall provide a seal, with suitable device, for ggy^* 1 - use in his office, by which all his official acts and decisions may be authenticated. 20. He shall report to the state board of education, at ^ u f^ ort - its annual meeting in December of each year, a state- ment of the condition of the public schools and of all the educational institutions receiving support from the state, which report shall contain full statistical tables of all items connected with the cause of education that may be of interest to the school officers or people of the state, together with such plans and suggestions for the improve- ment of the schools and the advancement of the public instruction in the state as he shall deem expedient. 21. He shall, at the expiration of his term of office, Sf; c e c r es p / r perty deliver to his successor his official seal, together with all Ibid - l8 - property, books and documents, maps, records, reports and other papers belonging to his office, or which may have been received by him for the use of his office. 22. He shall (unless the state board of education shall, hoidSgschooi" for good cause shown, otherwise direct) have power, and JJSTJJiJSd it shall be his duty, to direct and cause the county col- p. I il 1 8 72 , lector of any county to withhold from any county super- DXXVIII, i. intendent any portion of his salary until he has fully complied with the provisions of the act to which this is a supplement, or any of its supplements, relating to his duties ; and (unless the state board of education shall, for good cause shown, otherwise direct) it shall be his duty to direct and cause the county superintendent of any county, or any board of trustees or school officers, to withhold from any officer, or district, or teacher, that part of the state appropriation derived from the revenue of the state, until such officer, district, or teacher shall have complied with the provisions of the act to which this is a supplement, or any of its supplements, relating to his, its, or their duties, and with all the rules and regulations made in pursuance of any of these acts by SCHOOL LAW. Suspend or re- voke teacher's certificate. Prepare plans for school houses. P L. 1880. Chap. Proviso. the state board of education ; and by and with the advice and consent of the state board of education, he shall have power, and it shall be his duty, to suspend or revoke the license of any teacher, when the county superintendent shall make formal report that such teacher does not possess the attainments or qualifications which are essen- tial to his office, or that the school or department of a school, under the charge of such teacher, is suffering from his or her incompetency, or from his or her failure or inability to govern or instruct the children who are under his or her care. 23. The state superintendent of public instruction xvii, shall cause to be prepared and printed in convenient form, plans and general specifications for the construc- tion of school-houses of the various sizes and styles adapted to the needs of this state, with such general directions as to heating, lighting, ventilation and other sanitary conditions and details as may be desirable, and shall furnish such plans and directions, upon application, to school trustees and other school officers of this state ; provided, that not more than five hundred dollars shall be expended for this purpose in any one year, and that the same shall be paid on the warrant of the comptrol- ler, out of the income of the school fund. County Super- intendent, how appointed. P. L. 1889. Chap. CLXV, 8*. Term. Salary of county superintendent. P L. 1889. Chap CCXXI, COUNTY SUPERINTENDENTS. 24. The state board of education shall appoint for each county a person of suitable attainments to be the county superintendent of the public schools of that county, who shall hold office for the term of three years and until his successor shall have been appointed as aforesaid, unless sooner removed for cause by the state board. 25. In order to enable county superintendents of schools to devote more time in the discharge of the duties of their office, and to properly examine and direct the schools under their charge, by frequent visits to said schools, and counsel and direction to teachers in the SCHOOL LAW. proper method of instruction, their yearly salary shall be at the rate of twelve and a half cents for each child in the county between the ages of five and eighteen, as ascertained from the last annual report of the state superintendent ; provided, that the salary shall in no case Proviso. be less than eight hundred dollars, nor more than thir- teen hundred dollars; and provided, that in case any city proviso. or town shall have a city or town superintendent of schools, the children belonging to such city or town shall cu y ortown & t ! superintendent. not be counted in determining the salary of the county superintendents, and the supervision of the schools of said city or town, which would otherwise belong to the county superintendent, shall devolve upon the city or town superintendent. 26. In order to enable county superintendents of Expenses of county superin- schools to discharge their duties with greater efficiency, g n ent | they shall receive annually, in addition to the salary now Cha P- DC ^ 3 x allowed them, such sums as they may need to pay the actual expenses incurred by them in the performance of their official duties, which sums shall be paid by the collector of the county on the order of the state superin- tendent of public instruction; provided, that no such Proviso. order shall be given in favor of any county superintend- ent until such county superintendent shall have fur- nished the state board of education a certified statement, under oath, by items, of the expenses he has incurred, and that, during the year for which such order is drawn, he has performed faithfully all the duties im- posed by the school law and by the regulations of the state board of education ; and provided, further, that in proviso. no case shall the expenses aforesaid exceed three hundred annually. 27. The county superintendent shall have power to county superin- tendent au- administer all necessary oaths or affirmations to district thpnzed to d- ' , f minister oath clerks and other school officers, for which he shall re- ^ 'Bxxvn ceive no compensation. % J 3- 28. He shall issue orders on the county collector in favor of each township collector and of each city treas- urer for that portion of the state appropriation to which 10 SCHOOL LAW. County superin- tendent to issue orders [See sec. 159.] P. L. 1867, XIX, 23 License teachers. fix boundaries of district*, &c. P. L. 1890, Chap. CXXVII, & [See sec. 30.] Proviso . [See sec. 5.] Incorporated city or town to form but one district. ProviiO Stat? superin- tendent may form district in certain cases. New districts to have 75 chi dren, except in special cases. P. L. 1876, Chap XIII, i. said township or city is entitled; and shall file with each township collector and the clerk of each school district in any township, a copy of the apportionment of the township school funds made by him for said township within twenty days after making said appor- tionment. 29. He shall examine and license teachers, fix the boundaries of school districts, divide or unite any dis- trict or districts, whether organized and incorporated under general or special laws, form new districts ; pro- vided, that any district organized under a special act of the legislature shall not be divided while there are out- standing any bonds or other obligations for the pay- ment of money issued by said district under the pro- visions of its special act of incorporation ; provide for graded schools, and discharge other duties of general supervision and superintendence over the public schools of the county in accordance with the regulations pre- scribed from time to time by the state board of educa- tion; that each incorporated city or town shall here- after constitute but one school district for all school purposes, and such consolidated district shall hold all the property and be liable for all the lawful debts of the district so consolidated ; provided, that when any county superintendent shall neglect or refuse to form a new school district, or change the boundaries of any existing school district, when petitioned in writing so to do, appeal may be made to the state superintendent of pub- lic instruction, who shall have the power to form such new school district or to change the boundaries as aforesaid, if, in his judgment, such new district or change in boundaries is necessary. 30. No new school district shall hereafter be formed which shall contain less than seventy-five children, be- tween five and eighteen years of age, by the county superintendent of any county, except the circumstances of the case be, in his opinion, extremely urgent, in which case he shall certify to the state superintendent of public instruction the facts of the particular case, with his re- SCHOOL LAW. 11 commendation in the premises; and upon the state superintendent indorsing his approval thereon in writ- ing, a new district may be formed ; provided, that no Proviso. such new district shall contain less than twenty-five children, between the ages aforesaid. 31. It shall be lawful for the state board of education, on application made to them in the manner herein pro- ^ 'CC-XLIX vided, to consolidate into one school district all the then 2l - existing school districts in any township in this state whose territorial area does not exceed four square miles ; but such application shall be in writing, and shall be signed by a majority of the trustees of each of the school districts in said township. 32. Whenever the state board of education, on appli- cation made to them for that purpose, shall consolidate into one district all the previously existing school dis- tricts of any township, thereupon and thereafter the property, real and personal, of the said several school districts embraced within such consolidation shall be- come and be the property of the district formed by the consolidation of the said several districts in its corporate capacity, and shall be held in its corporate name, and the several obligations and debts of said districts, whether secured by bond or otherwise, shall be assumed by, and shall become the obligations and debts of the district formed by the consolidation. 33. In any township consisting of a single school dis- trict by reason of such consolidation, but not divided into wards, there shall be a school board consisting of six trustees, all of whom shall be elected at the annual school meeting next succeeding such consolidation ; at the first meeting of said trustees they shall proceed by lot to divide themselves into three classes of two mem- bers each, who shall hold office for one, two and three y^ears, respectively ; and annually thereafter two trustees shall be chosen at each annual school meeting who shall hold office for the term of three years. 34. In any township consisting of a single school dis- trict by reason of such consolidation, and which is 12 SCHOOL LAW. Trustees to be elected from wards. Ibid. 4. Appointment of trustees by county superin- tendent Ibid. 3 5. Organization of boards of trustees. Ibid, 6. District school tax. Ibid, g 7. [Sec sec. 66.] divided into wards, the school board shall consist of two trustees from each ward, all of whom shall be chosen at the annual school meeting next succeeding such consoli- dation, and at such election one person shall be chosen from each ward to serve for a term of one year, and one person to serve for a term of two years, and annually thereafter one person shall be chosen from each ward to serve for a term of two years as member of the board of school trustees. 35. It shall be lawful for the county superintendent to appoint the members of the board of trustees in any township consolidated into one district under the pro- visions of this act, immediately after such consolidation shall go into effect, having regard to the appointment of members of the boards of trustees in the several dis- tricts embraced in the consolidation, as far as practica- ble, but the persons so appointed shall hold office only until the election of trustees at the succeeding annual election, as herein provided. 36. Each board of trustees created under the provi- sions of this act, shall organize by the election of one of its members as president, and the election of a district clerk, and shall have power to fix the compensation of said clerk ; said board of trustees shall be in all things subject to the provisions of the act to which this is a supplement, and to the supplements thereto and amend- ments thereof, and none of the rights, powers or fran- chises of a school district shall be abrogated or abridged by reason of its being formed or constituted by the method of consolidation herein provided. 37. It shall be lawful for the legal voters of any con- solidated district at the annual school meeting or at a special meeting called in accordance with the provisions of the eleventh division of the thirty-ninth section of the act to which this act is a supplement, to vote, grant and raise such sum or sums of money as a majority present may determine, for the purpose of buying land, building or enlarging school houses, or for any purpose SCHOOL LAW. 13 for which money may be lawfully granted or raised in any school district under the provisions of the act to which this is a supplement. 38. In any township consisting of a single school dis- Trustees of con- . solidated district trict, formed by consolidation under the provisions of may se n property the supplement approved May eleventh, one thousand chap. XLIV, eight hundred and eighty-six, it shall be lawful for the school board of such consolidated district to sel'. and convey any real or personal property belonging to such district, whether the title to such property has been derived through such consolidation or otherwise, and to execute and deliver to the purchaser a due and proper conveyance therefor in the corporate name of such dis- trict ; provided, however, that the provisions of this act Proviso, shall not apply to or authorize the sale of any property, real or personal, which maybe in use for school pur- poses, or any part of any school lot or grounds upon which a building is erected and used and occupied as a school house, but shall only apply to such real and per- sonal property as are not in use for school purposes and which, in the judgment of such school board, are not needed for school purposes. 39. He shall have power, and it shall be his duty, to Appointment of appoint trustees for any district which for any cause r? L e ?86 7 , fails to elect at the regular time ; to appoint trustees to CLXXIX, g 2S . fill vacancies ; to appoint the first trustees for any new district ; provided, however, that when a new district is Proviso. organized, such of the trustees of the old district as reside within the limits of the new one shall be trustees of the new one, and the vacancy in the old district shall be filled by his appointment.* 40. Whenever any county superintendent of schools Removal of -,., . ., , , district clerk. shall receive satisfactory evidence that any district clerk P. ^. isas, in his county has neglected or refused to perform any I official duty assigned to him by law, he may declare the office of said district clerk vacant, and proceed to fill, by appointment, such office for the unexpired term; *The office of trustee is not vacated by an unaccepted resignation. Townsendv. Trus- tees, &"c., 12 Vr. 312. 14 SCHOOL LAW. Proviso Proviso. Power of with- hold ng school moneys | See sees. 14, 22 and 121] P. L. 1883, Chap. CXXXVIII,?!. Doors to open outwardly. To give advice. P.L 1867, Chap. CLXXIX, 2 8. Appeal to state superintendent. State association of school super- intendents. Ibid. 29. P. L. 1872, Chap CXVIII, DX: Annual reporc by county and city superin- tendents P. L. 1871, Chap DXCIX, i. [See sec. 45.] provided, that due notice of his proposed action shall be sent by the county superintendent to such district clerk, who shall have opportunity to present satisfactory rea- sons for such neglect or refusal, and that the office of such district clerk shall not be declared vacant until the expiration of three weeks from the date of said notice ; and provided further, that the action of the county super- intendent shall be approved by the state superintendent of public instruction. 41. He shall have power to withhold that part of the state appropriation derived from the revenue of the state from any district in which the inhabitants fail to provide a suitable school building and outhouses ; provided, that no building of two or more stories, used for the purpose of public instruction, in which any of the doors at places of exit are so constructed as to open inwardly, shall be considered a suitable school building within the mean- ing of this section. 42. In all controversies arising under the school law, the opinion and advice of the county superintendent shall first be sought, and from him appeal may be made, if necessary, to the state superintendent of public instruc- tion.* 43. The county and city superintendents shall together constitute an association, to be called " The State Asso- ciation of School Superintendents," which association shall meet annually, at such times and places as the state board of education may appoint, and at such other times as they may agree upon. 44. Each county superintendent and each city super- intendent, in his annual report to the state superintend- ent, in the manner and form prescribed by him, shall specifically set forth any and all such facts within his purview as touch and describe the location and capacity of each school healthfully to accommodate the pupils in attendance, to the end that a full observation may be *In controversies arising under the school law, the appear is to be made to the county superintendent, and not to the city superintendent. Macfarland v. Gloucester City, 16 Vr. 100. SCHOOL LAW. 15 deduced, favorable or otherwise, as to an ample supply of sittings, suitability of conveniences, eligibility of posi- tion, attention to ventilation, and as to all such other pertinent subjects as may clearly and fully exhibit the sanitary condition of the public schools under his offi- cial inspection. 45. The annual reports required of city superintend- ents, district clerks and township collectors shall be ^ p CCCLV, made on or before the first day of August, and that the * 4- reports of the county superintendents shall be made on or before the first day of September of each and every year. SCHOOL TRUSTEES. 46. An annual meeting for the election of school Trustees, when and how elected. trustees shall be held in each district on the Tuesday of ha L ^ n ? z the week following the annual town meeting, at the [s ee sees. 47 'and district school house, if there be one, and, if there be none, at a place to be designated by the district clerk, who shall post notices thereof, specifying the day, time, object and place of such meeting, in at least three pub- lic places in the district, one of which shall be at the school house, if there be one, at least ten days previous l See sec. 50 .] to the time of meeting ; the voters shall be legal voters [see sec . 4 s.] of the district, and a plurality of votes shall elect ; and no person shall be eligible to the office of trustee unless he is a resident in the district ; and further, no person shall be eligible to the office of school trustee unless he and write - or she can read and write ; but women who are resi- dents in the district, and over the age of twenty-one sch o1 trustee - years, shall also be eligible to the office of school trustee, and may hold such office, and perform the duties of the same, when duly elected by the legal voters of the dis- trict; provided, that the term .of office of any trustee Proviso. which would otherwise expire on the first or second day of July of any year, shall expire on the Tuesday of the [See sees. 52 and week following the annual town meeting of the same 5; year. 16 SCHOOL LAW. Penalty for fail- ure of district clerk to post notice for annual meeting. P L. 1891, Chap. XXI, i. Legal voters at school meetings. P. L. 1887, Chap CXVI, Proviso. Where annual school meeting may be held in certain cases. P L. 1888, Chap. XCVI, Trustees to be elected by ballot P L. 1889, Chap. LXXXIV, 5 i. Meetings of township boards. P. L. 1872, Chap. DXXVIII, 4. Term of office of trustees, P. L. 1867, Chap. CLXXIX, 32. [See sec. 53.] 47. Any district clerk who shall fail to post notices of the election of trustees, as required by the act to which this is a supplement, shall pay a fine of twenty dollars, to be recovered in an action of debt in the court for the trial of small causes, by any person resident of said school district. 48. Every citizen of the United States, of the age of twenty-one, who shall have been a resident of this state for one year, and of the county in which he or she claims a vote for five months next before said meeting, shall have the right to vote at any school meeting in any school district of the state wherein they may reside; provided, that no person in the military, naval or marine service of the United States, by being stationed in any garrison, barrack or military or naval force or station within the state, and no pauper, idiot, insane person, or person convicted of a crime, which now excludes him or her from being a witness, unless pardoned or restored by law to the right of suffrage, shall enjoy the right to vote in any school meeting. 49. Whenever the school-house in any school district in this state is not sufficiently commodious for the an- nual school meeting for the election of school trustees, the annual school meeting may be held in such a con- venient public place within the district as may be selected by the school trustees, and notices thereof shall be posted by the district clerk as provided in the act to which this is a supplement. 50. The legal voters of the several school districts in this state are, in each and every of the said school dis- tricts, hereby authorized and required to elect by ballot, and not otherwise, at their annual school meetings, their school trustees, until otherwise required by law. 51. The township boards of trustees of the several town- ships of this state shall meet semi-annually, at such times and places as the county superintendent may appoint. 52. In all districts in which elections have been pre- viously held, one trustee shall be elected for the term of three years, and if there are vacancies to be filled, a suffi- SCHOOL LAW. 17 cient number shall be elected to fill them for the unex- pired term. 53. Whenever it shall appear bj the annual school ^t n fi 1 v a j vful to census that there are five hundred or more children of p U L ee J s 80j legal school age in any school district in this state ^ ap XCI1I > having but three trustees, before the number of such trustees shall be changed at least one-fifth in number of the legal voters residing within such school district shall petition the trustees, by a petition duly signed and witnessed by two persons of lawful age, who shall make affidavit that such petition was signed by said voters in their presence, requesting said trustees to insert in the call for the annual school meeting a notice as pre- scribed in section three of this act, then it shall be law- [See sec . 55 ] ful for the legal voters to determine by a majority vote of those present whether the number of school trustees shall or shall not be increased to five. 54. In case it be decided to increase the number of E lect . ion f f addi - nona.1 trustees. school trustees in any such school district to five, then ^ p ^^ 2 the said legal voters shall proceed to elect, in the man- ner in which school trustees are now elected, tw additional trustees, one to hold office for two years, and one for three years ; and annually thereafter a trustee or trustees shall be elected for the term of three years, to fill the places of those whose terms expire. 55. It shall be the duty of the district clerk in districts Notice that the question of five coming within the provisions of the first section of this swi11 be act, in his notice of the annual meeting for the election Ibid - of school trustees, to insert a notice that there are [See sec . 53 .] within the district five hundred children of legal school age, and that it will be determined at said annual meeting whether the board of school trustees shall con- sist of three or five ; provided further, that no vote shall Proviso. be taken upon this subject unless public notice shall have been given as herein provided for. 56. In new districts acting under trustees appointed ^Sfcts by the county superintendent, three trustees shall be ^ p l867> elected for one, two and three years, respectively.* * Balance of section repealed. P. L. 1882, chap. XVII, g i. 2 18 SCHOOL LAW. cistrict cierk, 57. Each board of trustees shall, within ten days after how elected. m * ibid, g 34. the annual election, meet at the school house, or at some other convenient place, and proceed to elect one of their when appointed number clerk of the board, who shall be known and re- by county super- ferred to as " district clerk ; " and on their failure to do so the county superintendent shall appoint said clerk. Dudes of district 5^ jj e 8 h a ll record, in a suitable book, all proceed- ibid. 35. ings of the board, and of the annual school meetings, and of special school meetings, and pay out, by orders on the township collectors, in the manner prescribed by law, all school moneys of the district, received from the state, township or district ; he shall keep a correct and detailed account of all expenditures of school moneys in his district, and report the same to the county superin- tendent, and also to the township committee ; at each annual school meeting he shall present his record book and his accounts for public inspection, and shall make a statement of the financial condition of the district and of the action of the trustees. 59 He slia11 take annually, or the board shall cause . to be taken, during the month of May, an exact census of all children residing in the district between the ages of five and eighteen, not including the children who may be inmates of poorhouses, asylums or almshouses, and shall specify the names and ages of such children, and the names of their parents or guardians (all children who may be absent from home, attending colleges, board- ing schools and private seminaries of learning, shall be included in the census list of the city, town or district in which their parents or guardians reside, and not be taken by the district clerk of the city, town or district where they may be attending such institutions of learn- ing) ; and that he, or the person authorized to take the same, shall make a full report thereof, verified by him don h [s a e?s?c a " under oath or affirmation that the same is correct and true to the best of his knowledge and belief, on the blanks furnished for that purpose, to the county super- intendent, on or before the first day of September next after his appointment, and keep a copy of the same for SCHOOL LAW. 19 the use of the school trustees, and shall receive for his services such compensation as the board of trustees may compensation. allow. 60. The board of health of any township, or any city, Local boards . -. , . authorized to borough, town or other local municipal government in .jj^j e |j; this state, shall have the right to declare any epidemic ' or cause of ill health to be so injurious or hazardous as to make it necessary to close any or all of the public or Punic schools private schools in the limits of such township, or of may b such city, borough, town or other local municipal government; but in case of public schools, the same shall not be closed except by the direction of the board of education, school trustees or other body having the control or direction thereof; any such board of educa- tion, school trustees or other body having control of public schools may, in such case, cause any or all of the schools under their control to be closed, if, in their judgment, such closing be necessary for sanitary pur- poses. 61. Any board of education, school trustees or other Tm- tees may . -, . prohibit attend- body having control of the public schools, may, on account of the prevalence of any contagious disease, or ^ LXVIII to prevent the spread of such contagious disease, pro- 22 hibit the attendance of any teacher or scholar upon any school under their control, and may specify the time during which such teacher or scholar shall remain away from such school, and may prohibit the attendance of any unvaccinated child who has not had the small-pox, and shall also have power to decide how far revaccina- tion shall be required if a case or cases of small-pox have occurred in the city or district. 62. At the enrollment of the children by the clerk of unvaccinated the school districts in the townships of this state, or bv designated on ... J census roll. other proper officers in the cities or municipalities, in- Ibid - *3- quiry shall be made as to how many of the children within the school age are unvaccinated, and the same shall be designated by a mark on the said roll, and in case any are found to be unvaccinated whose parents desire them to be protected from small-pox, and who, 20 SCHOOL LAW. Children may be vaccinated at expense of town- ship. Fuel and sup plies. P. L. 1867, Chap. CLXXIX, ?37- Name and num- ber of districts. Ibid. I 38. Trustees a cor porate body. Executions against school districts. P. L. 1881, Chap. LXXVII, i. in the judgment of the board of education or the trustees of the school districts, are unable to pay there- for, the clerk of said district, or other authorized person, may give to the said child or children a permit to ap- pear at the office of any regularly licensed physician in said district or municipality to be vaccinated, and such physician, on presentation of said permit, with his cer- tificate appended thereto that the said vaccination has been by him successfully performed, shall be entitled to receive from the said township or local municipal au- thority the sum of fifty cents for each case so certified, and the same shall be paid in the same manner that other bills for current expenses are paid therein. 63. He shall keep the school buildings in repair ; he shall provide the necessary fuel, and obtain for the schools such supplies of crayons for blackboards, for the use of the pupils, as are necessary in carrying out the course of study prescribed therein; which repairs and supplies shall be paid for out of the moneys raised by the district. 64. Every school district shall be known by the name and number assigned to it by the county superintendent, in accordance with the general regulations of the state board of education, and the trustees thereof shall be a body corporate, to be called and known by the name of " The Trustees of School District Number , in the County of ," and shall be capable of suing and being sued in all courts and places whatever, and of purchasing, holding and conveying real and personal property for the use and benefit of the 'schools of such district, and may have a corporate seal.* 65. When any execution shall be issued against any school district of this state, or against the trustees of any such school district as a body corporate represent- * i. The action must be brought against the district by its corporate name, and not against the trustees in their individual names, with description appended of "Trustees, &c." Sproul v. Smith, n Vr. 314. The trustees of a school district, in their corporate capacity, are not liable to be sued in a justice's or district court. Toiunsendv. Trustees, &*c., 12 Vr. 312 ; Trustees, &*c., v. Stocker, 13 Vr. 115. 2. The fact that a debt was contracted by the trustees of a district, which was subsequently consolidated with another district, will not bar the right to recover ; the new district having become entitled to all the property, rights and assets of and liable to all just claims against the several districts. Sproulv. Smith, n Vr. 314. SCHOOL LAW. 21 ing such school district, by any court authorized to issue the same, whether upon a judgment recovered before or subsequent to the passing of this act, and there shall be no property belonging to said school district or body corporate sufficient to satisfy the same liable to be levied on, then the officer authorized to execute such process shall serve a copy of the same upon the assessor or as- sessdrs of the township or townships in which said school district is situate, and also upon the collector or collectors of such township or townships; and upon receipt of such copy or copies, it shall be the duty of such assessor or assessors, at the time of the next regu- lar assessment of school taxes in such school district, to assess and levy, in addition to said regular school taxes, the amount due upon said execution with interest to the time when the same shall be paid to the officer serving such process, upon the inhabitants of said school dis- trict arid their estates, and upon the taxable property therein ; and this tax shall be assessed and collected at Tax, how as - , -, , sessed and col- the same time and in the same manner and under the icted and to whom paid. same conditions, restrictions and regulations upon the assessor or assessors, collector or collectors, as other taxes for school purposes are required to be assessed and collected in such school district ; and the amount of this tax, when collected, shall be a separate fund, and shall be paid over by the collector of the township in which such school district shall be situate, and if such school district be situate in two or more townships, then by the collector of that township in which the fraction of the school district containing the school house is situ- ate, to the officer serving the process. B6. The board of trustees of any school district shall Power of trus - ' tees. have power, and it shall be their duty : J^ l867 > I. To employ and dismiss teachers, janitors, mechan- c LXXIX 39- ics and laborers, and to fix, alter, allow and order paid ^S 1 ^, & c . their salaries and compensations.* *The employment of teachers by school corporations is an act judicial in its character, and should be done at a meeting of the trustees, of which all should have notice and in which all have opportunity to participate. To-wnsend v. Trustees, &>c., 12 Vr. 312. An appointment, by a body authorized by statute to appoint, of one of their own number, is a mere nullity. 33 Barber 287. 22 SCHOOL LAW. Make rules. Erect buildings, buy land and borrow money. Proviso. Rent buildings. Purchase property. Enforce rules of State Board. Course of study. Text books. Suspend pupils. Provide books. Require pupils to have books. Require teachers to keep register. Call special meetings of voters. [See sees. 169 and 173.] II. To make and enforce rules and regulations, not in conflict with the general regulations of the state board of education for the government of schools, pupils and teachers ; III. To erect, enlarge, repair or improve school build- ing, and purchase, lease, mortgage or sell school lots or school houses, to borrow money, with or without mort- gage, and to raise money by taxation for any such* pur- pose, or to pay debts incurred therefor, or for the current expenses of any schools ; provided, that for any such acts they shall have the previous authority of a vote of the district ; IV. To rent, furnish and repair school buildings, and keep the same insured ; V. To purchase personal property, and to receive, lease and hold in fee, in trust for their district, any and all real or personal property, for the benefit of the schools thereof ; VI. To enforce the regulations prescribed by the state board of education, and, in connection with the county superintendent, to prescribe the course of study to be pursued, and a uniform series of text-books to be used in the school or schools under their charge ; VII. To suspend or expel pupils from school ; VIII. To provide books for indigent children ; IX. To require all children to be furnished with suit- able books, as a condition of membership in the school ; X. To require every teacher to keep a etate school register ; XL To call a special meeting of the legal voters of the district at any time when, in the judgment of said trus- tees, the interests of the school may require it, which meeting shall be called in the manner provided in section eighty-six of this act for calling the annual district meet- ing, and no business shall be transacted at such special meeting, except such as has been set forth in the notices by which said meeting was called;* *i . A special meeting of the legal voters of a school district, duly called, may vote to raise money for school purposes, although such appropriation has been refused at the annual SCHOOL LAW. 23 XII. It shall be the duty of the trustees of any school district in this state to call a special meeting of the legal voters of such district whenever one-fourth of such legal voters shall request them, by petition, so to do; and in the notices calling such special meeting shall be inserted the purpose or purposes named in said petition. XIII. To permit a school house to be used for other than school purposes, when a majority of the trustees present shall so agree at a meeting regularly called for Q,; l867 ' that purpose ; XTV. To make an annual report, on or before the j? a L e ^ rt first of August, to the county superintendent, in the CCLV >^ manner and form prescribed by the state superintend- [See sec l82 J ent of public instruction. 67. In case of the failure of any district clerk or city superintendent to send his annual report to the county superintendent of his county in the form prescribed, Dxxvn, on or before the first of August, such county superin- tendent shall make up his report for such district or city from the last published report of the state superintend- ent ; in making up such report, however, he shall deduct one-fifth from the school census ; provided, however, that rrovis - all such cases of delay or negligence shall be reported to the state superintendent of public instruction, whose duty it shall be to investigate the same, and to restore the number deducted from the school census in all cases meeting. State, Trustees, &c., v. Lewis, 6 Vr. 377. Special meetings of the voters of a school district cannot be called unless ordered by the board of trustees regularly convened. Bogert v. Trustees, &*c., 14 Vr. 358. Where money is ordered to be raised by taxation at a special meeting the previous action of the trustees in calling such meeting in pursuance of authority here given, must appear in the certificate of the clerk to the assessor. Lamb v. Hurjf, 9 Vr. 310; Slack v. Palmer, 10 Vr. 250. 2. Notices for special school meetings to raise special school taxes should be put up at least ten days before the time of meeting. Davis v. Rapp, 14 Vr. 594. 3. At a special district meeting called by the board of trustees of a school district to build an addition to a school house, a majority of the votes of the taxable residents present at the meeting is sufficient authority to act. Crandall v. Trustees , &^c., 22 Vr. 138. 4. A special school tax, ordered by a special meeting of the voters, which was not called by the board of trustees and of which the district clerk did not give notice, will be set aside. Apgar v. Van Syckle, 17 Vr. 492. 5. A special meeting can vote to raise money to build a school house, although a similar proposition has been rejected at a previous special meeting held in the same year. Stack- house v. School Dist. 43, Sussex Co., 23 Vr. 291. 6. See note 2 at end of section 169. SCHOOL LAW. Trustees author- ized to provide text books ai d supplies. P. L. 1890, Chap. CXXI, Proviso. Districts may raise special tax frr text-books. Ibid. ? 2. Proviso. Trustees of public schools, when to meet. P. L. 1880, Chap. CXVIII, 3 1. Bills and de- mands to be passed on in open session. Ibid. 3 2. when he receives satisfactory reasons for such delay or negligence. 68. The trustees of all public schools within this state are hereby authorized to provide such text-books and other school supplies as shall, pursuant to existing law, be approved by the county superintendent and such boards of trustees, and supply the same free to the use of the pupils in said schools ; provided, that when any pupil shall lose, deface or destroy any book supplied to such pupil under the provisions of this act, the parents or guardians of such pupil shall replace such book so lost, defaced or destroyed, or shall be liable for dam- ages to the amount of the cost of such book, on the complaint of the teacher, and collected by the district clerk, by an action in debt therefor, in any court having jurisdiction, in his name as district clerk, together with the costs of said action. 69. The payment of the cost of such text-books and other school supplies shall be provided by special dis- trict tax in the same manner as other special school taxes are assessed and collected ; provided^ however , that if any district now has, or hereafter shall have, to its credit, surplus funds which shall have accrued other- wise than from appropriations made by the state, and available, wholly or in part, to defray said cost, then and in that case the trustees of such district may, with the written consent of the county superintendent, use such surplus for such payment. 70. The trustees of the public schools, elected in each school district in this state, shall meet for the transaction of business connected with the public schools in their respective districts, on the first Tuesday after the first Monday in March, June, September and December, or oftener if the business of the board require it. 71. All bills and demands for money expended for school purposes, and all contracts entered into, shall be presented and passed on in open session of the board of school trustees, and no bills or demands for money on SCHOOL LAW. 25 that account shall be paid which have not been thus passed on and approved. 72. It shall be unlawful for any board of school trus- tees or board of education of this state, to pay or dis- burse, out of the school moneys under their control, any l^^f. sum for school supplies, books, maps, charts, globes, n fuel, erecting, enlarging, repairing or improving school buildings and grounds, and janitors' salaries, unless the person claiming or receiving the said moneys shall first present to the board of trustees or board of education a detailed bill of items or demand, specifying particularly how such bill or demand is made up, and the dates thereof, and the names of the persons to whom the amount composing such bill or demand is due ; provided, that the district clerk, as he may be authorized by the board of trustees, is empowered to purchase for the school or schools under their control, such supplies as may be necessary, and shall present an itemized bill of the same, with affidavit attached, which shall be acted on and paid as other bills; and said itemized bill shall be considered as satisfying all the provisions of this act. 73. Any person or persons presenting any such bill or demand, shall make an affidavit that the goods or Ibid - '* 4 services, itemized in said bill or demand, have been delivered or rendered, that no bonus has been given or received by any person or persons with the knowledge of the deponent in connection with the claim, and that the same is correct and true ; provided, that the clerk of Proviso. any board of trustees or board of education is hereby authorized to take said affidavit without cost. 74. Any board of school trustees or board of educa- ^^5' JJT tion who shall willfully violate the provisions of this ibid 7 Y s nd 73 ' act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not to exceed one hundred dollars, or as the court may direct. 75. The district trustees of each township shall together Meetings of township constitute an association, to be called " The Township jjjjjj, 01 [See Board of Trustees ; " said board shall meet at such times p c L 5 J 67> and places as the county superintendent may appoint, cLxxix,g 4 o. 26 SCHOOL LAW. for the purpose of hearing from him communications and suggestions in regard to the management of the schools, and of submitting to him questions for advice or opinion relating to the same. School register, how kept. Ibid. 41. Report to county super- intendent. Ibid. I 42. School register left with district clerk. Proviso. TEACHERS. 76. Every teacher of a public school shall keep a school register in the manner provided therefor, and no salary shall be paid to such teacher until said register is exhibited to the district clerk or other officer authorized to make payment, and until said officer finds, by examina- tion, that the register has been properly kept for the time for which salary is demanded, and enters upon the register a certificate to that effect.* 77. Every teacher who shall leave a school before the close of the school year shall, at the time of leaving, make to the county superintendent a report of the school for all that portion of the current school year that the school has been in his or her charge, and shall, at the same time, give a duplicate of said report, and surrender the school register to the district clerk, and any teacher who naay be teaching any school at the close of the school year shall, in his or her annual report, include all the statistics from the school register for the entire school year, notwithstanding any previous report for a part of the year ; no school money shall be paid to any teacher for the last month of his or her services, until the report herein required shall have been made and received, and the register exhibited ; provided, that in graded schools, in which there are more teachers than one, the principal teacher alone shall be responsible for the school report and register. * i . A school teacher who has rendered services according to the requirements of the school jaw, and is refused compensation out of the fund specially provided for that purpose, is entitled to a mandamus to compel the proper officers to perform their duty, and to make payment of what is justly due. Apgar v. School Trustees, &c. t 5 Vr. 308. 2. In an action brought by a teacher to rec jver of the trustees of a school d strict for ser- vices as a teacher an objection that the plaintiff was not the holder of a proper teacher's certificate in full force and effect cannot be made after the evidence is closed and the cause being summed up. Sproul v. Smith, n Vr 314. SCHOOL LAW. 27 78. No teacher shall be entitled to any salary unless when not enti- tied to salary such teacher shall be the holder of a proper teacher's "*.. certificate in full force and effect. 79. In every contract, whether written or verbal, be- ^holidays* 1 tween any teacher and board of trustees, a school month Ibid - 44< shall be construed and taken to be twenty school days, or four weeks of five school days each ; and no teacher shall be required to teach school on the first day of Janu- ary, the twenty-second day of February, thirtieth day of May, fourth day of July, first Monday in September (to * ^j v be known as Labor Day), Thanksgiving Day, twenty- 2 * fifth day of December and any day upon which a general election shall be held for members of assembly in each year, and also any day set apart by proclamation of the governor of this state or by the president of the United States for the purpose of public observance ; and no de- duction from the teacher's time or wages shall be made by reason of the fact that a school day happens to be one of the days referred to in this section; any contract made in violation of this section shall have no force or effect as against the teacher. 80. Every teacher shall have power to hold every pupil J u e t horft r y s ver accountable in school, for any disorderly conduct on the p^jsey, way to or fronTschool, or on the play grounds of the CLXXIX, g 45 . school, or during recess, and to suspend from school any pupil for good cause ; provided, that such suspension Pr <>- shall be reported by the teacher to the trustees as soon as practicable ; and if such action is not sustained by [See sec . s 3 .] them, the teacher may appeal to the county superintend- ent, whose decision shall be final. Corporal punish- 81. No teacher shall be permitted to inflict corporal e f jj?j, dden - punishment upon any child in any school in this state. CLXXIX 9 s 82. In case of the dismissal of any teacher before the Dismissal of expiration of any contract entered into between such ibid g 4 6. teacher and trustee, the teacher shall have the right of appeal to the county superintendent, and if the county superintendent shall decide that the removal was made without good cause, said teacher shall be entitled to compensation for the full time for which the contract 28 SCHOOL LAW. Pupils to submit to authority of teacher. Ibid. 47 [See sec. 80.] Parents liable fjr damages. No child to be excluded from any public school P. L. 1881, Chap. CXLIX, Penalty for voting to exclude any child from any public school. Ibid. 2. was made; but it shall be optional with the trustees whether he or she shall or shall not teach for the unex- pired term. PUPILS. 88. The pupils of the public schools shall comply with the regulations established in pursuance of law for the government of such schools ; shall pursue the course of study, and use the series of text-books prescribed by the trustees and county superintendent, and shall sub- mit to the authority of the teachers; continued and willful disobedience, or open defiance of the authority of a teacher, the use of habitual profanity or obscene language, shall constitute good cause for suspension or expulsion from school ; any pupil who shall in any way cut, deface or otherwise injure any school house, fences or outbuildings thereof, shall be liable to suspension and punishment, and the parents of such pupils shall be liable for damages to the amount of injury, on com- plaint of the teacher, the amount to be determined by the trustees, and collected by the district clerk, by an action in debt therefor, in any court having jurisdiction, in his name as district clerk, together with the costs of said action. 84. No child between the age of five and eighteen years of age shall be excluded from any public school in this state on account of his or her religion, nation- ality or color.* 85. Any member of any board of trustees of any school district, or any member of any board of educa- tion in this state, who shall vote to exclude from any public school in this state, any child between the age of five and eighteen years of age, on account of his or her religion, nationality or color, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be pun- ished by a fine of not less than fifty dollars, nor more than two hundred and fifty dollars, or by imprisonment * School trustees cannot exclude children from any public school on the ground that they we of the negro race. Pierce v. Union District Trustees, 17 Vr 76; 18 Vr 348. SCHOOL LAW. 29 in the county jail, workhouse or penitentiary of the county in which the offense is committed, not less than thirty days, nor more than six months, or both fine and imprisonment may be imposed in the discretion of the court. 86. It shall not be lawful to charge tuition fees for the | ' ees not support of public schools in this state, but that all such ^ > 8 7i, schools shall be free to all persons over five and under DXXVII .9 eighteen years of age residing within the district, so long as such schools can be thus maintained with the public school funds. 87. The trustees of all public school districts within g l s f 88 p 9 upils - this state be and they are hereby authorized and required Chap LI> l ' to admit to such public schools, all pupils between the ages of five and twenty years, residing in their respec- tive districts ; provided, always, that attendance shall not Proviso. be compulsory in the case of any pupil under the age of six or over the age of eighteen years ; and provided fur- Pr <> viso ther, that in taking the school census, only pupils be- tween the ages of five and eighteen years shall be en- rolled, as heretofore. BOARDS OF EXAMINERS. 88. There shall be a state board of examiners, consist- State board of examiners. P. L. 1867, ing of the state superintendent of public instruction and the principal of the state normal school ; they shall have c power, and it shall be their duty, to hold examinations of teachers, and to grant state certificates, or revoke the same, under such rules and regulations as the state board of education may prescribe ; and a certificate thus granted ^^5 of shall entitle the holder, without further examination, to teach in any part of the state, so long as the certificate remains valid by the terms thereof, and in any school not of a higher grade than that for which the certificate represents him as qualified. 89. There shall be in each county a county board of county boards * * of examiners. examiners, which shall be composed of the county super- Ibid intendent, who shall, ex-officio, be chairman, and of a 30 SCHOOL LAW. number of teachers, not to exceed three, to be appointed by him, who shall hold office for one year from the time of their respective appointments ; but no person shall be appointed as county examiner unless he holds either a state or a first grade county certificate ; the county super- intendents shall fill vacancies that occur from absence or other causes, but if he cannot find any teacher in his county qualified under the provisions of this section will- ing to serve, he shall conduct the examination himself; the board shall meet at such times and places as may be designated by the chairman, and shall hold a session at least as often as once in every three months, and at the place and during the session of any teacher's institute held in the county; each member of the county board of examiners, except the county superintendent, shall re- lon> ceive for his services, in addition to traveling expenses, chap, ccxxi, ft gum not excee di n g fi ve dollars for each of the quarterly examinations held by said board in February, August and November, and eight dollars for the regular quarterly examination in May, to be paid by the county collector Proviso. on the order of the county superintendent ; provided, that this compensation shall be paid only for the regular quarterly examinations ; and that whenever said board shall hold sessions at any other time, no compensation shall be allowed from the county ; but in cases of such special examinations, said board may charge each appli- cant an examination fee not exceeding two dollars ; the county board of examiners shall have power to conduct examinations and to grant certificates of different grades, in accordance with the general regulations on the sub- ject prescribed by the state board of education, and the Tunt fic bo e id! highest grade of certificate thus granted shall entitle the holder, without further examination, to teach in any part of the state so long as this certificate remains valid, and in any school not of a higher grade than that for which the certificate represents the holder as qualified ; any county certificate lower than the highest grade will only entitle the holder to teach a school of a correspond- SCHOOL LAW. 31 ing grade in the county for which such certificate was granted. 90. In every city having a board of education governed * mtaei ds f by special laws there may be a city board of examiners, ch^p.Lxxiv, to consist of such members as said board of education of I- that city may appoint ; said examiners shall have power, subject to such rules and regulations as may be pre- scribed by the city board of education, to grant certifi- cates of qualification, which shall be valid for all schools of that city, and no teacher shall be employed in any of the schools of that city unless possessing such certificate, or a state certificate, nor in any school of a higher grade than that for which such certificate represents the holder to be qualified ; any city board of examiners may recog- nize the certificates of any other city, and, without examination, issue to the holders certificates of a cor- responding grade. SCHOOLS. /State Normal School. 91. There shall be a normal school, or seminary, for Normal school. the training and education of teachers in the art of in- ' structing and governing the common schools of this state, the object of which normal school or seminary shall be the training and education of its pupils in such branches of knowledge, and such methods of teaching and governing, as will qualify them for teachers of our common schools. 92. To the said board of trustees shall be committed the control and use of the buildings and grounds owned [IS S lc 4 2 .] and used by the state for the use of the normal school, the application of the funds for the support thereof, the appointment of teachers and the power of removing the same, the power to prescribe the studies and exercises of the school, and rules for its management, to grant diplomas, to appoint some suitable person treasurer of Treasurer, the board, and to frame and modify, at pleasure, such by-laws as they may deem necessary for their own gov- 32 SCHOOL LAW. Annual report Repairs, &c , to normal school. P L. 1867, Chap CLXXIX, I 2, div. vi. P. L. 1885, Chap. CLXIV, $ i, div. 3. Number of pupils P. L. 1867, Chap. CLXXIX, \ 55. Declaration of appli ants. Scholarship fund P. L. 1872, Chap. DXXVIII, ? 6. P. L. 1885, Chap. CLXIV, J- i, div. n. ernment ; and they shall report annually to the legis- lature their own doings and the progress and condition of the school. 93. To order all necessary repairs to the grounds, buildings and furniture of the state normal school, and to keep said buildings and furniture insured, and the comptroller shall draw warrants on the treasurer of the school fund for the payment of the same, upon the cer- tificate of the president of said board. 94. The number of pupils shall not exceed three for each member of the senate and general assembly, and each county shall be entitled to fill three times as many seats in the school as it has representatives in the legis- lature ; the applicants shall give on admission a written declaration, signed with their own hands, that their object in seeking admission to the school is to qualify themselves for the employment of public school teach- ers, and that it is their intention to engage in that em- ployment in this state for at least two years. 95. The applicants for admission to the normal school shall give on admission a written obligation, signed by their own hands, that their object in seeking admission to the school is to qualify themselves for the employment of public school teachers, and that it is their intention to engage in that employment in this state for at least two years, or refund to the state the cost of their tuition ; and, in addition to the annual sum appropriated to the support of the normal school, there is hereby appropriated annually the sum of five thou- sand dollars, to be paid out of the income of the school fund in like manner, which will constitue a scholar- ship fund, to be applied as follows : there shall be fifty scholarships of one hundred dollars each, two of which shall be allotted to each county, to be competed for by the pupils in the normal school from that county, and the remainder shall be open to free competition by pupils in the normal school from the state at large ; the competitive examinations above mentioned shall be conducted by the principal of the state normal school SCHOOL LAW. 33 and his assistants ; provided, that scholarships shall be proviso. awarded to those pupils only who shall first enter into a satisfactory bond to the treasurer of the state, obligat- ing themselves to teach in the public schools of this state for the term of five consecutive years, or to refund the amount paid them upon a failure to do so from any cause save continued sickness or death ; provided, that Trustees au - ill* 1111 -IT thorized to ex- until such system of scholarships shall be perfected by pend fund. the board of trustees of the state normal school, said scholar's life fund shall be paid toward and for such purposes connected with the state normal school and boarding-house property belonging to the state as, in the judgment of said trustees, will be for the best in- terest of the state and the advantage of the cause of education. 96. At the opening of ach term of the normal school, Pupils, how , . , T . . admitted. the principal, with his assistants, shall proceed to ex- ^L. 18*7, amine applicants, and to admit to the school such as CLXXIX, 5 e. appear to be possessed of the proper qualification to the number to which each county may be entitled. 97. In case any county is not fully represented, addi- ^ ncies - how tional candidates may be admitted from other counties, Ibid - 5 ? on sustaining the requisite examination. 98. The board of trustees shall appoint and procure Teachers, how . . _ appointed. the number of teachers which may be necessary to carry Ibid 2 58. out, in the 'best and highest sense, the purposes and designs of this act, and shall furnish for the use of the pupils the necessary apparatus and text-books, so far as ^ de text> the funds hereafter to be named and appropriated for the support of the school will allow ; and the tuition in the normal school shall be gratuitous. 99. The board of trustees are authorized to maintain Model school. a model school, under permanent teachers, in which the [$*'M?B.] pupils of the normal school shall have opportunity to observe and practice the modes of instruction and disci- pline inculcated in the normal school, and in which pupils may be prepared for the normal school. 100. For the support of the normal school, and to Appropriation. V i P - L l8 7 2 carry out the purpose and designs of this act, there is 3 34 SCHOOL LAW. Chap. CCCCLXXX- VIII, i. P. L. 1885, Chap. CLXIV, g i, div. i. School year for normal school. P. L. 1872, Cha ccccxci,gi. of June. appropriated hereby the annual sum of fifteen thousand dollars, to be paid out of the income of the school fund upon the warrant of the comptroller. 101. The school year, so far as regards the state normal school, shall hereafter terminate on the last day Property desig- nated and uses prescribed. P. L. 1882, Chap. CLXXXVII, Name of institu- tion. P. L. 1884, Chap. CHI, \ 2. Qualifications of pupils. P. L. 1882, Chap CLXXXVII, 6. Term of instruc- tion [See sec. 106.] Proviso. Apportionment to counties. Application for admission. (See sec. 3 ] Certificate re- quired. Deaf-Mute School. 102. The property lately used as a home for soldiers* children shall be taken and set apart to be used as an institution for the maintenance and instruction by the state of its indigent deaf and dumb. 103. The name and title of the institution shall here- after be " the New Jersey school for deaf-mutes." 104. Indigent deaf and dumb persons of suitable age and capacity for instruction, who are legal residents of this state, shall be entitled to the privilege of the school without charge, and for such a period of time in each individual case as may be deemed expedient by the board of trustees ; provided, that whenever more persons apply for admission at one time than can be properly accommodated in the said school, the trustees shall so apportion the number received that each county may be represented in the ratio of its deaf and dumb popu- lation to the total population of such persons in the state ; application for admission into the said school shall be made to the board of trustees in such manner as they may direct, but the board shall require each application to be accompanied by a certificate from a county judge or county clerk of the county, or the chosen freeholder, or clerk of the township, or the mayor of the city where the applicant resides, setting forth the applicant is a legal resident of the town, township or city, county and state, claimed as his or her residence, and the age, cir- cumstances and capacity of such pupil, and the ability or inability of the parent or guardian of such pupil to- pay any part of the expense of tuition, care and main- tenance of the person in whose behalf such application SCHOOL LAW. 35 may be made; the primary object of the school shall object of the be to furnish to the indigent deaf and dumb children of this state the best known facilities for the enjoyment of such a share of the benefits of the system of free public education established in this state as their afflicted condition will admit of; the board of trustees shall have charge of all the Trustees to % make by- laws affairs of the school, with power to make such by-laws and regulations with approval of and regulations for the government and the proper JjSJjJn* 1 * management thereof, as well as for the admission of pupils, as shall be approved by the state board of education ; they shall elect from their own number a officers of president, treasurer and secretary, together with such SS? standing committees as they may deem necessary; committees. the treasurer shall have the custody of all the funds Duties of treas- of the said school, and pay out the same only on proper UI authenticated orders of the board, or its executive com- mittee ; before entering upon the duties of his office he T i> ve b n d shall give bond, with at least two sureties, to be ap- proved as hereinafter stated, to the people of the state of New Jersey, in the penal sum of ten thousand dol- lars conditioned for the faithful discharge of his trust, which bond shall be approved by the board of trustees B Y whom ap - of this state [institution], and deposited in the office of where deposit- the secretary of state ; the board of trustees shall have A PP oi tment of power to appoint a competent and experienced super- and e t!ad?ers nt intendent, who shall be the chief executive officer of the school, together with an efficient corps of teachers and subordinate officers, prescribe the duties and terms Terms of ser. * vice and safa- of service of the same, fix and pay their salaries, and ries I 11 r> ii IITI May be removed for just cause remove any or all of them; they shall b y trustees. likewise employ the requisite number of servants and other assistants in the various departments of the school, s and pay the wages of the same ; and they shall purchase all furniture, school books, school apparatus, and other Purchase of far ,. ,, , niture, books supplies necessary to the equipment and carrying on and supplies. of the same, and in the manner hereinafter described. [ ' 105. The trustees of said institution shall receive no compensation for their service* except in the case of 36 SCHOOL LAW. Payment of their expenses. Treasurer may be paid. Who may be admitted. P. L. 1884, Chap. CIII, 3 i. [See sec. 104.] Term of instruc- tion. Proviso. Proviso. Tuition and maintenanc e of pupils not indi- ?:nt. L. 1882, Chap. CLXXXVII, 9- Additions and repairs to build- ings to be made by contract. Ibid. 3 10. the treasurer, who may be fairly compensated at the discretion of the board, but they shall be paid all necessary expenses incurred by them in the discharge of their duties, to be paid by the treasurer of said board of trustees on the order of the governor. 106. Any indigent deaf-mute of suitable capacity, who shall be a legal resident of this state, and who shall be not less than eight years nor more than twentyone years of age, may be admitted to and be entitled to the benefits of the institution, subject to such rules and regulations as have been or may be established by the board of trustees, and the term of instruction shall be three years ; provided, that in any case in which it may seem proper in the judgment of the trustees, the term may be by them extended to a period not exceeding eight years ; and provided, further, that when it shall be found, in the judgment of the trustees, that any pupil now in the institution, or hereafter admitted, shall be, from want of capacity, or other cause, not capable of receiving the benefits designed to be conferred by the law, or that the retention of any pupil is or may be detrimental to the interests of the school, the said trus- tees shall have power to shorten the term of or to dis- miss from the school such pupil upon reasonable notice given to his or her parents or guardians. 107. Whenever the board of trustees shall be satisfied that the resources of any person applying for the bene- fits of this act, or those of his or their parents or guard- ians, are sufficient to defray a part of the expense of instructing and maintaining such person, but not suffi- cient to defray the whole expense, then the board of trustees may cause to be .paid such proportion as to them may seem just and equitable of the annual ex- pense of educating such person. 108. All improvements, additions and repairs to the buildings to be used for the purposes of this act, together with the furnishing of the same, shall be by contract, after due notice is given and specifications furnished ; and that it shall be the duty of the super- SCHOOL LAW. 37 intendent, under the direction of the board of trustees, supplies to be ' contracted for. to invite proposals twice in each year, at intervals of six months, for supplying the institution with dry goods, wearing apparel, groceries, provisions, vegetables, fuel, illuminating material, and all other articles the necessity of which it is practicable to determine as being needed for the ensuing six months, the standard of quality of which shall be determined by the board, and standard sample grades of non-perishable articles shall be kept in the office of the superintendent, for the inspection of bidders ; the inviting of proposals shall be advertised v? e d s b ls ad? e ten consecutive days in two daily newspapers published vertisement in the city of Trenton, and which advertisement shall classify the articles which shall be grouped in each bid, and also state, as near as practicable, the amount and quantity needed, and that said goods are to be delivered during the ensuing six months, as wanted, on the order of the superintendent; and it shall be the duty of the Bonds to be given by con- board to award the contract to the lowest average bidder tr-cto. on each class or group of articles advertised for, and to require the contractors to enter into suitable bonds for the faithful performance of the same ; it is further pro- Trustees m ay / f reject all bids. vided that the board of trustees reserve the right to reject any or all bids not considered to be to the interest of the state. 109. It shall be the duty of the trustees of the New Trustees to make . quarterly report Jersey school for deaf-mutes to submit a quarterly report to the governor of the state showing the number cc of pupils taught and maintained in the school in each'* 1 - quarter, and upon the approval of the said report by the governor, there shall be paid to the said trustees, for such expenses, the sum or sums required to defray the Appropriation. expenses of teaching, maintaining and clothing the said pupils for the said quarter ; provided, the said sum shall Proviso. not exceed for any three months the sum of seventy-six dollars for each pupil taught, maintained and clothed within the said period, the same to be paid by the state treasurer, out of the income of the school fund, upon the warrant of the comptroller. 38 SCHOOL LAW. Graded schools, how established. P. L. 1867, Chap. CLXXIX,|6i. Graded Schools. 110. Any two or more districts, by a majority vote of the inhabitants at a meeting regularly called or adver- tised by the county superintendent, or superintendents of the county or counties in which said districts are situated, may cause to be established and maintained a graded school, which shall be entitled, according to the number of children in attendance, to its proper share of the state appropriation and of the township school taxes belonging to the districts which have caused said graded school to be erected ; and a school thus established shall be governed by a joint board, combined of the trustees of the combining districts, and subject to such regula- tions as they may prescribe. Suitable school buildings required . Ibid. 62. [See sec. 41.] Penalty. School houses to be provided with fire escapes P. L. 1889, Chap CCLXXXVII. [See \ 41.] District Schools. 111. The inhabitants of every school district shall be required to provide a suitable school building and out- houses for the accommodation of their children ; and in case such buildings are not provided, or those already in use shall be pronounced by the county superintend- ent unfit for the purposes for which they are applied, such district shall be deprived of the benefit of that part of the state appropriation derived from the revenues of the state until suitable buildings shall be erected. 112. Every building now or hereafter used in whole or in part as a school house shall be provided with proper ways of egress or other means of escape from fire sufficient for the use of all persons assembling in such building, and such ways of egress and means of escape shall be kept free from obstruction, in good repair and ready for use ; all doors in any building sub- ject to the provisions of this section shall open outwardly, if the inspector or one of his deputies shall so direct in writing; no portable seats shall be allowed in the aisles or passageways of such building during any service or entertainment held therein. SCHOOL LAW. 39 113. A copy of this act shall be kept posted in a con c opy of i aw to ** i be P sted - spicuous place in every such building by the person iwaj?. occupying the premises. 114. Every story above the second story of a building f; s re extin uish subject to the provisions of section one of this act shall Ibid '7- be supplied with means of extinguishing fire, consisting [seesec. n 2 .j either of pails of water or other portable apparatus, or of a hose attached to a suitable water supply, and cap- able of reaching any part of such story ; and such means of extinguishing fire shall be kept at all times ready for use and in good condition. 115. All buildings now or hereafter erected in which Sdings pes twenty or more persons live or congregate or are em- chap/Lxin, ployed, temporarily or otherwise, above the first or * ground floor thereof, shall have one or more, as the proper authority shall direct, external wrought-iron fire escapes, of such dimensions and character and subject to such regulation and construction as the said proper authority shall designate. 116. In all incorporated municipalities the board of aldermen, city council or borough commissioners shall T1 provide for the enforcement of the provisions of this act by ordinance. 1 17. In all sections outside of incorporated municipal- > Vho to enforce * ___ * in townships. ities, township committees shall have power to enforce Ibid 2 3- the provisions of this act. * 118. No school district shall be entitled to receive any Time schools .. 1.1-11 i must be main - part of the school appropriation which shall not have ^ See maintained a public school for at least nine months dur- *- 1 Cha ing the then next preceding school year; provided, that any new district, or a district in which the school is dis- continued on account of the repairing of an old or the erection of a new school building, shall not be deprived of its full share of the public school funds on account of the restrictions of this section. 119. Not more than twenty dollars annually of the school moneys received by any school district, except such as may be raised within the district, shall be used I * [See sec. 168.] for any other purpose than the payment of teachers' sal- 40 SCHOOL LAW. Proviso. Proviso. Power of school districts to bor- row money to pay teachers' s p la L ie i886 chap. LXXII, Power of with- holding sxhool money. [See sees. 14, 22 and [See sec. n 9 ] Proviso aries and fuel bills ; provided, however, that where there has been apportioned to any district more than three hundred and fifty dollars, and such district, by such ap- portionment, shall receive from the state appropriation state school tax and interest of surplus revenue, a sum exceeding five dollars for each child in such district, ac- cording to the last published school census, it shall be lawful for the trustees of such district to use such excess for the improvement of the school house and grounds, the purchase of school furniture or apparatus, or for any other purpose connected with the school or schools under their charge ; provided, that the written consent of the county superintendent of the county in which such dis- trict is situated shall be first obtained. 120. Any school district may, after the first day of J , J ' September and before the thirty-first day of December, ln anv y ear > borrow a sum not exceeding four-tenths of the amount apportioned to such district from the state Tschool moneys for such year, for the purpose of paying teachers' salaries falling due within said year ; and that the said district may pay the amount so borrowed, together with interest thereon at a rate not exceeding six per centum per annum, out of the state school moneys apportioned to said district for the then current school year, as soon as the same shall have been received by the township collector of the township in which said district is situated. 121. In case any school district or city shall use any of J . J J the school money apportioned to it for any other than public school purposes, as these purposes are defined and limited in the ninety-first section of this act, such district or city shall forfeit out.of the next annual appor- tionment a sum equal to twice the amount thus used ; and it shall be the duty of the county superintendent to re-apportion the money thus forfeited among the other districts and cities of his county; provided, the state superintendent may remit such penalty for cause. SCHOOL LAW. 41 WHEREAS, Certain school districts in this state are sub- Preamble. ject to the provisions of special or local laws applica- ble to such districts, and it is deemed desirable that P. L. isse, such districts should be governed solely by the pro- visions of the general school law of this state ; there- fore, 122. Any such district may be relieved from the pro- Districts having . . -, . local laws may visions and limitations of such special or local laws upon adopt the gen - the adoption of the provisions of this act by the legal i^id \ i. voters of said district at any meeting of such voters called for the purpose, as hereinafter provided. 123. Whenever the trustees of any such district shall special meetings to vote on ques- by resolution decide to submit the question of the adop- tionsofaban- * donmg special tion of this act to the voters of the district, they shall call a meeting for that purpose, giving notice of the time, place and object of said meeting, in the manner provided for the calling of school meetings by the eighty-sixth section of the "Act to establish a system [s ee sec. i6 9 .] of public instruction " [Revision], approved March twenty-seventh, one thousand eight hundred and sev- enty-four, and if at any such meeting a majority of the legal voters present shall vote to adopt the provisions of this act, thereafter said district shall be governed solely by the general school laws of this state applicable thereto, instead of the special act, and the said trustees shall forthwith file a certificate with the county school superintendent, setting forth the determination of such meeting. 124. In case of the adoption of this act by any dis- obligations of . . districts not tnct, the said district shall retain all its property, real J^ d n s ed - and personal, and be subject to any lawful obligations it may have incurred, in the same manner and to the same extent as if the provisions of this act had not been adopted. 125. The school year shall begin on the first day of | ch L 0l J 6 ear September and end on the last day of August. OLXXIX g 6 4 42 SCHOOL LAW. Trustees of school fund. Ibid 65. Religious ser- vices in school. School fund, how constituted, Ibid, g 66. Money derived from sale of riparian lands. P. L. 1890. Chap. LVI, j; i, REVENUE AND APPORTIONMENT. State School Fund. 126. The governor of this state, the president of the senate, the speaker of the house of assembly, the attor- ney-general, the secretary of state, and the comptroller, and their successors in office, be and they are hereby constituted and appointed trustees of the fund for the support of public schools in this state, arising either from appropriations heretofore made, or which may hereafter be made by law, or which may arise from the gift, grant, bequest or devise of any person or persons whatsoever, which trustees shall be known by the name, style and title of " The Trustees for the Support of Pub- lic Schools ;" provided, that it shall not be lawful for any teacher, trustee or trustees to introduce into or have performed in any school receiving its proportion of the public money, any religious service, ceremony or forms whatsoever, except reading the Bible and repeating the Lord's Prayer. 127. The public stocks and moneys heretofore appro- priated by law shall constitute the funds in the hands of the trustees appointed by the foregoing section of. this act, and shall be held by the said trustees in trust, the interest and dividends arising therefrom to be applied by the said trustees, or a majority of them, for the support of public schools in this state, in the mode now prescribed or hereafter to be prescribed by any act or acts of the legislature, and for no other use or pur- pose whatsoever. 128. All moneys hereafter paid into the state treasury as the proceeds of eales, grants or leases, made after the approval or passage of this act, of lands under water belonging to the state, shall be deemed a part of the current revenue of the state, and shall be applied to and used for the payment of the necessary expenses of the state and for the payment of such general or special appropriations as may now or hereafter be authorized by SCHOOL LAW. 43 law to be paid from the state fund ; provided, that nothing Proviso in this act shall be construed as transferring from the school fund of the state any right, title or interest in any securities or property now a part of the assets of that fund, or as in any way impairing the right of the school fund to the proceeds or income derived from any securities or property now belonging to said school fund. 129. There shall be annually appropriated from the income or revenue of the fund for the support of public free schools of this state, so much of the said income or ^ ap CLXIV - revenue as shall be required to meet the following named disbursements, to wit : I. The sum of fifteen thousand dollars for the support g^**" " 11 * 1 of the state normal school. II. The sum of five thousand dollars for a scholarship scholarship fund fund or other purposes. III. The sum required to be paid for the necessary repairs to the grounds, buildings and furniture of the state normal school, and for keeping the said buildings and furniture insured, and for the payment of the neces- sary incidental expenses of the state superintendent of ^ public instruction. IV. The sum required to pay the expenses of the Expenses of - 1 * ^ state board of members of the state board of education. education. Y. The sum required to pay the salary of the state superintendent of public instruction. VI. The sum required to defray the expenses of JS teachers' institutes. VII. The sum required to pay the appropriations for school libraries free public school libraries. VIII. The sum required to pay the salary of the as- ^jf^ 01 ^ sistants in the office of the state superintendent of public p n ^ n ^ mce instruction. chap.cxcm. IX. The sum required to pay the appropriation for Famum school the support of the Farnum Preparatory School at Beverly. X. The sum required to pay the amount to be con- Technical r schools. tributed by the state to any technical schools now estab- lished or hereafter to be established in this state. 44 SCHOOL LAW. Costs of fore- closure. School fund expenses. Payment by comptroller. Ibid. 2. Principal of fund not to be expended. Annual appro- priations to schools. Payments to be paid by state in certain cases. Ibid, g 3. Money derived from leases added to school fund P. L 1872, Chap. CCCCXXXIV, [See sec. 128.] XI. The sum required to pay the taxed costs attend- ing foreclosure proceedings in the case of lands or prem- ises bought by the trustees for the support of public schools. XII. The sum required to defray such legal and other expenses as may be incurred by or under the direction of the trustees for the support of public schools in the investment and protection of the school fund, and in the collection of the income thereof. 130. The comptroller is hereby directed to draw his warrants upon the treasurer of the school fund for the above-mentioned appropriations and expenditures when they shall severally become due and payable, and the said treasurer is directed to pay the same out of any moneys now in his hands or which may come to his hands as income or revenue from the investments of the school fund, from rentals or leases of lands under water, or from grants of lands under water ; provided, that noth- ing in this act shall be construed to authorize the ex- penditure of any portion of the principal of the said school fund ; and provided further, that nothing in this act shall be so construed as to prevent, hinder or in any way interfere with the payment of the annual appropria- tion of one hundred thousand dollars toward the sup- port of public schools out of the income of the said fund as now provided by law. 131. If at any time the payments hereby authorized to be made from the income of the school fund shall be- come due and payable, the said income shall not have been collected to a sufficient amount to meet the re- quired payments, the necessary sum shall be drawn from the state treasury upon the warrant of the comptroller. 132. All leases which shall hereafter be made of lands belonging to the state, now or formerly lying under water, or which have been made since the sixth day of April, eighteen hundred and seventy-one, shall be trans- ferred to the trustees of the school fund of this state, and become a portion of the free school fund ; and the an- nual income arising from said leases shall be distributed SCHOOL LAW. 45 by the said trustees for the support of free public schools, in the same manner that other moneys are now distrib- uted for that purpose. 133. The fund above mentioned, together with all the moneys which shall be received by the treasurer in pay- oJp'/cxix, ment of the principal or interest of the bank or turn- pike stock belonging to the fund for the support of free schools, all the taxes which may hereafter be received into the treasury from any of the banking and insur- ance companies in this state, the capital stock of which now is, or may hereafter be liable by law to be taxed, all appropriations to said fund made or to be made by any law of this state, and the amount of all gifts, grants, bequests or devises hereafter made by any person or persons to the said trustees, for the purpose contem- plated by this act, shall be invested by the treasurer of this state, under the direction of said trustees, or a majority of them, in the bonds of the United States, or of New Jersey, or in the bonds of any county, city, town or township of this state, in any case where the total indebtedness of such county, city, town or township does not exceed in the aggregate fifteen per centum of the total assessable valuation of all taxable property within such county, city, town or township, the interest thereof to be applied to the support of the public schools in the mode which now is, or may here- after be, directed by law, and to no other use or purpose whatsoever ; an account of the management of the said Report to Leg fund shall be laid before the legislature with the annual statement of the treasurer's account ; and no compensa- compensation. tion shall be made to said trustees or treasurer for any service performed in pursuance of the direction of this act ; and all investments of money and property belong- ing to said fund now held or existing in the name of "The Trustees for the Support of Free Schools," are hereby and shall hereafter be vested in and held, and any proceeding or action whatever relative thereto may be taken, had, made and maintained by said trus- 46 SCHOOL LAW. School fund may be invested in U. S. and municipal bonds. P. L. 1878, ' Chap. CIII, 69. State school fund not to be loaned on mortgage. P. L. 1883, Chap. XCIV, Trustees of school fund may purchase land at foreclosure sale. P. L. 1875, Chap. CCCLXXXIII, Proviso. P. L. 1885, Chap. CLXIV i, div. xi. Real estate be- longing to the fund to be sold. P. L. i88s, Chap. XCIV, tees, in the name of the trustees for the support of public schools. 134. Whenever, in the judgment of the trustees for the support of free schools of this state, or a majority of them, it shall not be deemed advisable or for the best interests of the school fund to invest the income of the said fund in bonds secured by mortgage on land, they shall have the power to invest the said income, or any portion thereof, in the bonds of the United States and of this state, and of the several counties, townships, boroughs and cities of the same. 135. From and after the passage of this act, it shall not be lawful for the trustees of the school fund to invest any part of the principal or interest of said fund in bonds secured by mortgage on lands in this state, except in such cases as hereinafter provided. 136. The " trustees for the support of public schools " be and they are hereby authorized and empowered to bid for and purchase any lands and premises exposed to sale under the order and decree of any court, for the payment and satisfaction of any mortgage encumbrance thereon held by the said trustees, .and to take and hold the title to the lands and premises so purchased in and by their official name, style and title, and as part of the assets of the school fund of New Jersey ; provided, that said trustees shall not bid a higher price for such lands and premises than shall be sufficient to save the amount due upon their said mortgage encumbrance and costs, the taxed costs attending such proceedings and sale, if any, to be paid by the treasurer of this state, on warrant of the comptroller, out of the income of the school fund. 137. All real estate now held by the trustees of the school fund shall be sold, either at private or public sale, at such times and at such prices as will, in their judg- ment, be for the best interests of the state ; and the said trustees are hereby authorized to loan to the purchaser of said property, or other properties which may come into their possession by foreclosure, one-half the amount of purchase money, the same to be secured by bond and SCHOOL LAW. 47 mortgage on the premises so purchased, and that they shall be empowered to advertise such properties, either at private or public sale, in such manner as to them seems judicious ; and the proceeds arising from such sales shall be paid into the fund and be invested by the trustees as provided for by existing laws. 138. In case the trustees of the school fund shall fur- une ther acquire real estate under foreclosure proceedings, { } f losur * to be that the same shall be disposed of at public or private ^ sale, in the manner provided by section two of this act, and the proceeds arising from such sales shall be invested as hereinbefore directed. 139. The trustees are hereby directed and required to Foreclosure pro- J ceedings to be cause foreclosure proceedings to be commenced without begun when in- terest is in ar- delay, in all cases where the interest on bonds, secured 5** * l * months by mortgage, is or may become due and remain unpaid for the space of six months ; provided, that in case fore- Proviso. closure proceedings shall have been commenced, the said trustees may, in their discretion, discontinue the same upon the payment of accrued interest and the cost of such proceedings.* 140. The treasurer of this state, under the direction of Loans for buna- ing schoolhouses. "The Trustees for the Support of Public Schools," is h. x |& LIf authorized to invest the fund for the support of public I - schools in this state, in addition to the securities men- tioned in section sixty-nine of this act, in the bonds of [See sec. i 33 .] the several school districts of this state, and in the bonds of any city or municipality of this state, legally issued, for the purpose of building school houses, either by authority of special acts of the legislature, or by the consent of the inhabitants of the district, as hereafter herein provided for. 141. The treasurer of this state, under the direction Rate of interest of the " trustees for the support of public schools," is slhooi a statement of the apportionment of the state appropria- j.- on amon g th e several counties, shall draw his warrant On the state treasurer in favor of the -county collector of any county for the portions to which said county is en- titled, whenever such county collector shall present an order for the same drawn by the state superintendent of public instruction in favor of such county. 161. The county collector of each county shall receive tendents to give orders in favor of and hold in trust that part of the state appropriation township col- * A A A ibid T belonging to his county, and shall pay out the same to the collectors of the several townships, and to the city treasurers of the cities of his county, only on the orders Proviso. of the county superintendent ; provided, that in townships where there are less than two hundred children between the ages of five and eighteen, the inhabitants may raise such a sum per child as will be sufficient to maintain their schools.* *(i) A county collector is not required or permitted to exercise any discretion as to how much of the state appropriation the several township collectors in the county are entitled to receive from him. The question as between these officers is settled conclu- sively by the order of the county superintendent of public schools. (2) The notion that a county collector can, in any case, lawfully reduce the amount by setting up some coun- ter-claim, whether in his own behalf or in behalf of his county, and whether against the township collector, personally, or against his township, is neither justified by the lan- guage nor consistent with the policy of our school laws. State, Herder, &c., v. Collector, &c., 7 Vr. 363. (i) The county collector of each county shall receive and hold in trust the state appro- priation for public schools belonging to his county, and pay the same to the collectors of the several townships and to the city treasurers of the cities of his county only on the orders of the county superintendent, and is responsible for these moneys if otherwise expended. (2) School taxes are to be levied and applied for the fiscal year beginning September ist, succeeding the assessment, and not for the preceding year. (3) A man- damus will be allowed for the payment of the county superintendent's order for the state appropriation for public schools, where the moneys have been applied for school purposes in the preceding year, beginning January ist. State, ex rel. Board of Education, &c., v. Sheridan, &c., 13 Vr. 64. A mandamus will be granted against a county collector in favor of a township collector or city treasurer to compel the payment of school moneys, although the township collector or city treasurer may owe the county collector money for state or county taxes. Board of Education \. Sheridan, 16 Vr. 276. SCHOOL LAW. 55 162. It shall be the duty of the township collector of Township coi- J lectors to hold each township to receive and hold in trust all school ? ch o1 moneys * ^ m trust. moneys belonging to the township or to any of the dis- Ibid tricts thereof, whether received from the state appro- Jjj Jg*,' 16 *' priation, from township or district tax, or from other sources, and to pay out the same only on the orders of the district clerks of the several districts of his town- ship, which order shall specify the object for which it is given, and shall be signed by at least one other trus- tee beside said clerk, and shall be made payable to the order of and be indorsed by the person entitled to receive it, and he shall, on the order of the township committee, pay over any balance of school funds remain- [Seesec. i 73 .] ing in his hands to his successor in office, and he shall procure a suitable book, in which he shall keep a sepa- TO keep ac - , -IT -I . counts of school rate account with each school district in his township, moneys. crediting each with the amounts apportioned to it by the county superintendent, and the amount raised by tax in the district, and charging each with the orders paid for said district, and he shall present his accounts to be examined and settled by the township committee at the close of the year, a copy of which settlement, cer- Report to town- J rj ship committee tmed by the committee, showing the amounts received, d to county . superintendent. the amounts expended by him for school purposes dur- ing the year (and the balance remaining in his hands) ; he shall transmit said copy within ten days to the county superintendent, and another copy of the same he shall file with the clerk of the township, and as compensation compensation. for such service the township collector shall be entitled to receive three-fourths of one per centum on all school funds received and paid out by him for such purposes during the year, to be paid by the township committee from the funds of the township. * *i. The township collector is entitled to three-fourths of one per cent, on all school moneys received and held in trust by him, and three-fourths of one per cent, on all school moneys paid out by him, exclusive of the balance received from his predecessor, and the balance paid to his successor. Demarest v. New Barbadoes, n Vr. 604. 2. A mandamus will be granted to compel a township collector to pay the balance of school moneys to his successor. Meinzer v. Disbrow, 13 Vr 141. 3. An order of the district clerk, which specifies the object for which it was given without any designation of the yearly taxes out of which it shall be payable, is a sufficient voucher for the township collector. Zimmerman v. Mathe, 20 Vr. 45. 56 SCHOOL LAW. School orders to bear interest when collector has no funds to honor same P. L. 1890, Chap. CXII.gi Fractional districts P L. 1871. Chap. DXXVII 6. Sinking funds for schools. P. L. 1882, Chap. CXLIX, Trustees lo pay and deliver moneys and securities to collector or other financial officer . Ibid ? 2. 163. Whenever any order for payment of teachers* salaries or the incidental expenses of public schools shall be drawn by any board of trustees on any township col- lector or other disbursing officer, which order there shall be no funds in the hands of such collector or other disbursing officer to meet, that then and in every such case such order shall bear legal interest until such time as said collector or other disbursing officer shall be pre- pared to honor the same, of which readiness he shall give public notice, whereupon said interest shall cease. 164. All school moneys belonging to fractional dis- tricts shall be held, subject to the order of the trustees, by the collector of that township in which the fraction containing the school house is situated. 165. The officer in every township whose duty it now is by law to receive and hold in trust the school moneys of the several school districts in such township (whether such officer be called collector of taxes, receiver of taxes, township treasurer, or by any other name), shall collect, receive and hold in trust and be accountable for all securities, funds and moneys of any school district in. such township, which belong to any sinking fund or interest account, or to a fund provided for the redemp- tion of any bonds or the payment of any debt of such district; and all payments and disbursements of money, whether for interest, for discharge of principal debt, or for investment, shall be made by and through such township financial officer, on school orders duly signed by the district trustees. 166. It shall be the duty of the school trustees of any school district in this state, within thirty days after the passage of this act, to pay over and deliver to the town- ship collector, receiver of taxes or other financial officer as aforesaid, of the township in which such district is situate, all moneys and securities in their hands belong- 4. The township collector paying out school moneys on statutory orders is not responsible for the application the school trustees have made of the money. Zimmerman v. Mathe, 20 Vr. 45. 5. See note to section 171. SCHOOL LAW. 57 ing or relating to any funded indebtedness of such dis- trict. 167. The bonds or other securities given and to be f s [ c co1 ' given for the faithful performance of duty by any such Ibid ^ 3 township collector, receiver of taxes or other financial officer of any township, into whose hands shall come the money and securities of any school district, shall be liable for and held to embrace the faithful perform- ance of duty raised by this or any other act relating to the care of school funds and securities by such financial officer. 168. On or before the fifteenth day of September in dSlSfto be each year, it shall be the duty of all township collectors, city treasurers, and other persons who may be the cus- todians of moneys belonging to the several school dis- tricts in this state, to pay to the county collectors of their respective counties all balances derived from moneys apportioned to said districts by the county superintendents which may then be in their hands to the credit of said districts, and to report forthwith to the county superintendents of their respective counties the amounts thus paid over ; and it shall be the duty of Count y collector '. to report to each county collector, on or before the first day of October in each year, to report to the county superin- tendent of his county the amount of money received by him by virtue of the provisions of this act, and the county superintendent shall thereupon re-apportion county superm such amount among all the school districts in his a c anc county, except as hereinafter provided, and the sums thus re-apportioned shall immediately be returned to the several township collectors, city treasurers, and other persons entitled to the custody ol the school moneys, on the orders of the county superintendent, and shall be available for the then current school year ; and the sum thus re-apportioned to any district shall be in addition to and in excess of the sum apportioned to such district by the county superintendent for said school year ; provided, that the county superintendent may, for Proviso. good cause shown, allow the balance due any school 58 SCHOOL LAW. certain cases. Proviso. district to remain in the hands of the custodian of the school funds of such district to the credit of such dis- trict > and 8uel1 balance shall thereafter be used and ex- pended by the trustees of such school district for the purpose of paying teachers' salaries and fuel bills, 01^ by and with the written consent of the county superin- tendent, in the improvement of the school house and grounds, the purchase of school furniture or apparatus, or for any other purpose connected with the schools of such district ; and provided also, that in case the county superintendent shall allow any district to retain any such balance, the said district shall not be included in any such re-apportionment nor entitled to any of the proceeds thereof. Cities and dis- tricts may raise school tax.' [See sec. 147.] P. L. 1879, Chap. CLXXVIII,i Annual district meeting for ordering school tax. [See sec. 173.] Mode of proced- ure tor raising cistrict tax. Power of dis- trict meeting. DISTRICT TAX. 169. In addition to the tax imposed by the seventy- seventh section of this act, each city and school district may raise by tax such other sums of money as they may need for school purposes, in the following manner, un- less otherwise authorized by any special act applicable to such city school district; the legal voters of such districts are hereby authorized and required to meet on the Tuesday of the week following the annual town meeting, for the purpose of determining what addi- tional school tax, if any, shall be levied upon the dis- trict ; said meeting shall be held at some convenient public place within the district, and notice thereof, set- ting forth the time, place and object of such meeting and the amount of money desired to be raised, shall be given by the district clerk, and set up in at least three public places within the district, ten days before the day of meeting,* and the said inhabitants, so met, shall have power, by the consent of a majority of those pres- * i. When an assessment is ordered by the inhabitants of a school district called for that purpose, to sustain the assessment, proof must be clear that ten days' legal notice of the time, place and purposes of such meeting had been given. State v. Van Winkle, i Dutcher 73. 2. A notice indicating that the object of the meeting is to purchase a school house, will not warrant a resolution to pay for a house already built. Lamb v. Hurff, 9 Vr. 310. SCHOOL LAW. 59 ent, to authorize the trustees of said district to purchase land for school purposes,* to build, enlarge or repair a school house or school houses, and to borrow money therefor, or to sell or mortgage a school house or school houses, and to raise by taxation for these purposes, or to pay a debt of the district incurred for such purposes, and for the current expenses of the school or schools, such sum of money as a majority of the inhabitants so assembled shall agree to ; and if at such meeting the trustees shall be authorized to borrow money not ex- ceeding four hundred dollars in amount, to build or repair a school house to cost less than five hundred dollars, such meeting may direct that the money to pay the debt so authorized be raised by poll-tax,f as- [See sec . 3 i 3 .] sessed upon the taxable inhabitants of said district, and that one hundred dollars, with interest, on the amount of said borrowed money remaining unpaid be so raised in each year, for a period of four years ; and in case any money shall be ordered, by a vote of a majority of said meeting, to be raised by taxa- tion, the district clerk shall make out and sign a cer- certificate of tificate thereof, under oath or affirmation, that the same is correct and true, and deliver the same to the assessor or assessors of the township or townships in which said district is situated, J and to the county superintendent, * The trustees must designate the place where the lands to be purchased lie, and the notices calling the district meeting must contain a description of the lands so designated. The district meeting cannot authorize the purchase of land not described in the notices. Zabriskie v. School District 10, Bergen Co., 23 Vr. 104. f The authority to raise a poll-tax for school purposes is repealed by P. L. 1891, Chap. CCLXXI. 1 1. The sworn certificate of the clerk to the assessor must specify the amount to be raised for each purpose ; that the notices were posted in " at least three public places in said district," and all other facts necessary to show that the law has been complied with. The affidavit must verify all the material facts set forth in the certificate. State v Hardcastle, n Dutcher 143, 3 Dutcher 551 ; Winsor \. Donahay, i Vr. 404; Banghart v. Sullivan, 7 Vr. 89 ; Trustees v. Padden, 15 Vr. 151 ; Quaidv. Trustees, dc.,2o Vr. 607. 2. It is essential to the validity of the certificate of district clerk, that it set forth that due notice has been given of the amount of money proposed to be raised at the district meeting. Slack v. Palmer, 10 Vr. 250. 3. The certificate to the assessor must show how the money ordered to be raised is to be apportioned, and that the apportionment was made by the district meeting. Duryea v. Greenleaf, 5 Vr. 441 ; Banghart v. Sullivan, 7 Vr. 89 ; Corrigan v. Duryea, n Vr. 226; Trustees v. Padden, 15 Vr. 151. 4. The certificate to the assessor must state what the notice given of the meeting was, and when and where the notices were put up. Quaid v. Trustees, 20 Vr. 607. 60 SCHOOL LAW. Assessment. I See sees. 170 and 171.] Collection. Proviso. [See sec. 66, div. ii.] Proviso . Special school tax to be a separate item in tax levy. P. L. 1882, Chap. CII, i which said assessor or assessors shall assess on the in- habitants of said school districts and their estates, and the taxable property therein, in the same manner as township taxes are assessed, such sum of money as shall have been ordered to be raised by the said meeting, in the manner aforesaid ; and said money shall be assessed, levied and collected ; and it shall be the duty of the col- lector or collectors of the township or townships in which said district is situate, to pay over all moneys by him or them received, which shall have been assessed by virtue of such a vote of a district meeting as afore- said, on the order of the district clerk of said district, to be used for the purpose directed by the district meet- ing so held as aforesaid ; provided, that whenever any district school meeting shall be held as aforesaid, or at the call of the trustees, as provided in the eleventh division of the thirty-ninth section of this act, it shall not be lawful for such meeting to order a greater sum of money to be raised by a district tax than shall have been mentioned and designated in the notice of such meeting set up in the manner required by law; and provided further, that whenever in the judgment of the trustees of any district, it shall not be necessary to levy a district tax for school purposes, the district clerk thereof shall not set up the notices directed to be given as aforesaid.* 170. In all cases where a tax shall be levied in any city, borough, town or township of this state, which tax shall include any moneys to be raised for school pur- *i. The resolution passed at the district meeting must direct the particular purpose, which must be one of the purposes in the act, and must be contained in the notice. If money is voted for more than one purpose, the resolution must specify the amount ap- portioned to each. Cochranev. Garrabrant, 3 Vr. 444 ; Banghart v. Sullivan, 7 Vr. 89 ; Corrigan v. Duryea, n Vr. 266. 2. A resolution to raise money to build and furnish a school house is not bad because the amount to be used for building and the amount for furnishing are not separately stated. Stackhouse v. School Dist. No. 43, Sussex Co., 23 Vr. 291. 3. A resolution to sell an old school house, passed at the same meeting that it was re- solved to raise money to build a new house, is illegal if the notice calling the meeting does not state that it would be a subject for consideration. Stackhouse v. School Dist. No. 43, Sussex Co. 23 Vr. 291. 4. It is essential that the purpose for which the tax is imposed shall be particularly designated. " For incidentals " is not sufficient. Schomp v. Cole, 22 Vr. 277. 5. School taxes must be assessed upon the same property, and in the same manner as all other taxes Roll v. Perrine, 5 Vr. 254. SCHOOL LAW. 61 poses, the amount of tax against any property, either real or personal, which shall be intended for such school purposes, shall be entered in the tax levy made against said property as a separate item ; and all tax bills which shall be sent out or rendered by any city, borough, town or township of this state shall state the amount of said school tax in a separate item. 171. The several assessors and collectors of the town- ships and wards of this state shall be entitled to receive five cents, and no more, for each name for assessing, CC 2> taxation in any incorporated school district, city, town, borough or other municipality or by its terms prevent the carrying out of the provisions of this ac^ the same shall not hereafter be held to apply to the raising of money under the provisions of this act, and the powers herein conferred shall embrace every school district in this state, any public, local, special or other law to the contrary notwithstanding. 177. The treasurer of this state, under the direction of Bonds may be ' taken by state the " trustees for the support of public schools," is here- jj^ . 1 lund by authorized to invest the fund for the support of public schools in this state in the bonds issued by virtue of this act; provided, always, that said trustees, before giving Proviso. such direction, shall be satisfied that the lot upon which the school-house is proposed to be erected or repaired is free from all incumbrances, and that the said bonds, when issued, will become the first lien upon said lot with the improvements thereon, and that the city, town, borough or municipality applying for the loan has not defaulted in the payment of the principal or interest of any bonds theretofore issued within two years from the date of the application. 178. Copies of all papers and proceedings authorizing cee g the issuing of such bonds shall be submitted to the Attorney- General. attorney general for his approval of the legality of the Ibid - 2 4. same, and that duplicate copies of such papers and pro- ceedings shall be filed in the office of the state superin- tendent of public instruction. 179. The state superintendent of public instruction Blanks to be shall prepare and furnish the necessary blanks and sSe^uper forms for all proceedings under this act. Ibid I s- 180. It shall be the duty of the officers or board ' charged with the raising, levying and assessing of taxes 64 SCHOOL LAW. Bonds a lien upon district. P. L 1886, Chap. CI, g i. Proceedings to be approved by attorney- General. Duplicate copies to be sent to state superin- tendent. Report of in- debtedness to be sent to state superintendent. Ibid, 3 2. Assessments for payments on bonds. P. L. 1872, Chap. DXLI, 3- in any school district or municipality issuing bonds under the provisions of this act to assess upon the inhabitants thereof and their estates and the taxable property therein, an amount sufficient to pay the bond or bonds of the district maturing in such year, together with the interest accruing upon the whole issue of the unpaid bonds of such district or municipality, and the tax thus ordered shall be assessed, levied and collected in the same manner as other taxes for school purposes are assessed, levied and collected. 181. The bonds of the several school districts of this state, heretofore or hereafter legally issued for the pur- pose of building school-houses, or for enlarging or re- pairing school-houses, shall be a lien upon the real and personal estates of the inhabitants of the said districts, as well as the property of the districts ; and the property of the inhabitants, as well as the property of the districts, shall be liable for the payment of the same; and the interest on said bonds shall be payable semi-annually, and coupons shall be attached thereto ; and that in all cases copies of all papers and proceedings authorizing the issuing of such bonds shall be submitted to the attorney- general for his approval of the legality of the same ; and that duplicate copies of such papers and proceedings shall be sent to the state superintendent of public in- struction. 182. The district clerk, or other person performing the duties of a district clerk, in any district in which there is any interest-bearing school debt, shall, on or before the first day of September in each year, report to the state superintendent of public instruction the amount of such debt then remaining unpaid, together with the rate of interest, the date or dates on which the bonds, notes or other evidences of indebtedness were issued, and the date or dates on which they shall fall due. 183. Whenever any district shall order and authorize the issue of bonds, for the purpose aforesaid, it shall be the duty of the district clerk of such district, each and SCHOOL LAW. . 65 every year, to issue the warrant of the district, signed by the trustees, and attested by the clerk under the seal of the district, to the assessor or assessors of the town- ship or townships in which such district is situate, directing him to assess upon the inhabitants of said school district, and their estates and the taxable property therein, an amount sufficient to pay the bond or bonds of the district maturing in such year, together with the interest accruing upon the whole issue of the unpaid bonds of such district, which warrant, so issued as afore- said, shall be executed in the same way and manner as is provided by the eighty-sixth section of this act. 184. Whenever any bonds shall have been legally Renewal of J t O J school bonds. issued for the purpose of purchasing land and building ^- **** ? t school houses by any school district in this state, under authority of law, or any renewal or renewals thereof, and the same shall be due or unpaid or outstanding, and whenever it may be desirable for the interests of the district that the same or any part thereof should be re- newed by the execution of new bonds, the trustees or a majority of them of such district are hereby empowered to renew such outstanding bonds or any part thereof by the issuing of new bonds for that purpose in the name and under the seal of said district; provided such renewal issue shall be authorized by said district at a meeting specially called to vote thereon, and such bonds shall be in the general form and manner of the bonds hereto- fore issued, signed by the trustees of said district or a majority of them, and attested by the clerk of the said district, which bonds shall be made payable at periods of time not exceeding fifteen years from the date of issuing the same, and they shall bear interest at a rate not exceeding six per centum per annum and be issued Rate of interest. in such sums of not less than one hundred dollars nor more than one thousand dollars, as the said trustees may determine, and which bonds shall have coupons attached for current payment of interest, which coupons shall be attested by the clerk of the district and bear its seal and shall be numbered to correspond with the bond 5 SCHOOL LAW. Bonds a lien on districts. Ibid. 2. Proviso. Notice to Assessor. Ibid. 3. to which they shall be respectively attached ; and any bonds so issued shall be numbered and a proper registry thereof be kept by the said clerk ; and such bonds may be sold at public or private sale for the best attainable price, but not less than par, and the money so realized shall be at once applied to the taking up and cancella- tion of such outstanding bonds ; or said renewal bonds may be exchanged on an equal basis of principal and interest for such outstanding bonds ; and the said bonds so redeemed shall be forthwith cancelled by the said trustees. 185. The bonds of the several school districts of this state, so issued to renew bonds heretofore or hereafter legally issued for the purpose of purchasing land and building school-houses, shall be a lien upon the real and personal estates of the inhabitants of the said districts as well as the property of the said districts ; and the property of the inhabitants as well as the property of the districts shall be liable for the payment of the same ; provided, that in all cases copies of all resolutions, papers and proceedings authorizing the issuing of such bonds shall be submitted to the attorney-general for his ap- proval of the legality of the same, who shall receive such compensation for the examination thereof as shall be fixed by the trustees for the support of public schools, which sum shall be paid by the districts issuing such bonds. 186. Whenever any district shall order and authorize the issue of bonds for the purpose aforesaid, it shall be the duty of the district clerk of such district, each and every year. next before any such bond shall mature, to issue the warrant of the district, signed by the trustees and attested by the clerk under the seal of the district, to the assessor or assessors of the township or town- ships in which such district is situate, directing him or them to assess upon the inhabitants of said school dis- trict, and their estates and the taxable property therein, an amount sufficient to' pay the bond or bonds of the district then next maturing, together with the interest SCHOOL LAW. 67 accruing upon the whole issue of the unpaid bonds of such district, which warrant so issued as aforesaid shall be duly executed by him and the moneys be assessed, levied and collected ; and the collector shall pay over, on the written order of the district clerk of said district, all moneys so collected by him. 187. On the taking up of such outstanding bonds, or on the payment of any bonds of any school district, now Ibid issued or hereafter to be issued, the trustees of the dis- trict shall forthwith stamp and mark the same as can- celed ; and when so marked and canceled they shall be deposited in the office of the state superintendent of public instruction. 188. The treasurer of this state, under the direction of the trustees for the support of public schools, is au- j^yy bonds thorized to invest the funds for the support of public schools in this state in such renewed bonds of the sev- eral school districts of this state,'Or to exchange there- for other bonds of the same district. SURPLUS REVENUE. 189. The several townships in this state are authorized interest on sur . f, pl us revenue and required to appropriate the interest of the surplus JJ^J pri J ted revenue received by them, and from other funds not ^ p l867 ' raised by tax, such sums for the support of the public CLXXIX, 77 schools as they shall order and direct at their annual town meetings, in addition to the amount received from the state appropriation and the amount which they raise by tax. SCHOOL LIBRARIES. 190. The treasurer of the school fund, upon the order Library app ro- P'iation. of the state superintendent of education, is hereby au- P. L. 1878, _ _ L/nap. CCXLII thorized and directed to pay over the sum of twenty |/- L igg dollars out of the income of the school fund, to every pap. CLXIV, g i, div. vn. public school for which therp shall hare been raised by subscription or entertainment a like sum for the same 68 SCHOOL LAW. Districts havin more than one building may consolidate library. P. L. 189:, Chap. CXCI, Selection of books. P. L. 1871, Chap. DLVI, Rules. Ibid. I 2. Teachers' library, appro- priation for. i j L. 18131, Chap. LXIX, Rules. Ibid. 2 purpose, to establish in such school a school library, and to procure philosophical and chemical apparatus; and the further sum of ten dollars annually, upon a like order, to the said public school, upon condition that there shall have been raised by subscription or enter- tainment a like sum for such year, for the purposes aforesaid. 191. In all school districts where there are more than one school-house, it shall be lawful to receive from the state treasury, as in said bill directed, the sum prescribed to be paid to each school-house, and that such district shall have power to consolidate and establish a library in one place in said district as may be designated by the board of education or such other power as has control of the public schools in said district. 192. The selection of books and apparatus shall be approved by the school trustees of such district. 193. The school trustees of each district shall make proper rules and regulations for the management, use and safe keeping of such libraries. 194. Whenever in any county in this state there shall have been raised by subscription a sum of money not less than one hundred dollars for the establishment of a library of pedagogical books for the use of the teachers of public schools in such county, the treasurer of the school fund, upon the order of the state superintendent of public instruction, is hereby authorized and directed to pay the sum of one hundred dollars out of the income of the school fund to the county superintendent of said county ; and the further sum of fifty dollars annually thereafter, upos a like order, upon conditions that there shall have been raised by subscription a like sum for such year for the purpose aforesaid. 195. The county superintendent, and three teachers of public schools in such county appointed by him, shall constitute a committee for the selection of said books and the necessary apparatus, and the making of rules and regulations for the management, use and safe keep- ing of such libraries. SCHOOL LAW. 69 ARBOR DAY. 196. In order to secure the cooperation of the schools . . rr ,1 tendent to issue in carrying into enect the provisions of the loint reso- circulars of ,,. -i. t i i -i information, etc. lution relative to the annual arbor day, it shall be the ha L ^ duty of the state superintendent of public instruction to prepare and issue such circulars of information and in- struction as may be necessary. 197. On said annual arbor day appropriate exercises Exercises. shall be introduced in all the schools of the state, and it shall be the duty of the several county and city superin- tendents to prepare a programme of the exercises used on such day in all the schools under their respective jurisdiction. COMPULSORY EDUCATION. 198. All parents and those who have the care of chil- children be- t tween 7 and 12 dren, shall instruct them or cause them to be instructed JJSd1dS>ito in spelling, reading, writing, English grammar, geog- p e ^?8 C 5 h year ' raphy and arithmetic, and every parent, guardian or f J. ap XVII> other person having control and charge of any child or children, between the ages of seven and twelve years, shall be required to send any such child or children to public day school for a period of at least twenty weelss in each year, eight weeks, at least, of which attendance shall be consecutive, unless such child or children are excused from such attendance by the board of the school district in which such parents or guardians reside, upon its being shown to their satisfaction that the bodily or mental condition of such child or children has been such as to prevent his, her or their attendance at school, or that such child or children are taught in a private school or at home by some qualified person or persons in such branches as are usually taught in primary schools. 199. No child under the age of fifteen years shall be ^ employed by any person, company or corporation to labor in any business whatever, unless such child shall Se have attended within twelve months immediately preced- 70 SCHOOL LAW. ing such employment some public day or night school, or some well recognized private school ; such attend- ance to be for five days or evenings every week during a period of at least twelve consecutive weeks, which may be divided into two terms of six consecutive weeks each, so far as the arrangement of school terms will permit, and unless such child or his parents or guardians shall have complied with the provisions of the act ap- proved March fifth, eighteen hundred and eighty-three, limiting the employment hours of the labor of chil- dren. Parents or 200. Every parent, guardian or other person having compel children charge or control of any child, from twelve to sixteen to attend school. * ibid, g 3 . years of age, who has been temporarily discharged from employment in any business in order to be afforded an opportunity to receive instruction or schooling, shall send such child to some public or private day school for the period for which such child shall have been dis- charged, unless such child shall have been excused from such attendance by the inspectors of factories and work- [See sec. 198 ] shops, or by the board of the school district, for reasons as stated in section one hereof. Penalty for 201. In case any parent, guardian or other person failure to t om- . J r . . . J ply with sections ghall fail to comply with the provisions of sections one 198 and 200. * J ibid. 4 an d three of this act, such parent, guardian or other person shall be deemed guilty of a misdemeanor, and shall, on conviction, be liable to a fine of not less than ten dollars nor more than twenty-five dollars for each subsequent offense, or to imprisonment for not less than one month nor more than three; the said fines, when paid, to be added to the public school money of said school district in which the offense occurred. juvenile dis 202. All children between the ages of seven and orderly persors. . - , fifteen years, who are habitual truants from school, or who, while in attendance at any public school, are in- corrigible, vicious or immoral in conduct, and all chil- dren between the said ages who absent themselves habitually from school, and habitually wander about streets and public places during school hours, having no SCHOOL LAW. 71 business or lawful occupation, shall be deemed juvenile disorderly persons, and subject to the provisions of this act. 203. In all cities having a duly organized police force, Truant officers. it shall be the duty of the police authority, at the re- quest of the inspectors of factories and workshops, or of the school authority, to detail one or more members of said force to assist in the enforcement of this act, and in districts having no regular police force, subject to this act, it shall be the duty of the board of educa- tion, or the school district officers, to designate one or more constables of said city, township or village, whose duty it shall be to assist in the enforcement of this act, as occasion may require, and said board of education shall fix and determine the compensation to be paid compensation. said police officer or constable for the performance of his duties under this act ; members of any police force or any constable designated to assist in the enforcement of this act, as provided in this section, shall be known as truant officers; provided, that in districts where no Proviso. constable resides the said board shall have power to ap- point some other suitable person as truant officer. 204. It shall be the duty of any such truant officer or Duties < * truant officers. officers detailed to enforce the provisions of this act, to Ibid - 2 7. examine into all cases of truancy, when requested so to do by the inspectors of factories and workshops, or by the district school board, and to warn such truants, their parents or guardians, in writing, of the final con- sequences of truancy, if persisted in, and also to notify Notify parents A J r J or guardians. the parents, guardian or other person having the legal charge and control of any juvenile disorderly person, that the said person is not attending any school, and to require said parent, guardian or other person to cause the said child to attend some recognized school within five days from said notice; and it shall be the duty of said parent, guardian or other person having the legal charge and control of said child, to cause the attendance of said child at some recognized school ; if said parent, guardian or other person having the legal charge and 72 SCHOOL LAW. Penalty to be imposed on parent or guardian. If parent is * unable to com- pel child to attend school, such child may be sent to reform school. Proviso. Proviso. control of said child shall wilfully refuse, fail or neglect to cause said child to attend some recognized school, it shall be the duty ot said officer to make, or cause to be made, a complaint against said parent, guardian or other person having the legal charge and control of said child, in any court of competent jurisdiction in the school dis- trict in which the offense occurred, for such refusal or neglect, and upon conviction thereof said parent, guar- dian or other person, as the case may be, shall be pun- ished by a fine of not less than ten dollars nor more than twenty-five dollars; or the court may, in its discretion^ require the person so convicted to give a bond in the penal sum of one hundred dollars, with one or more sureties, to be approved by said court, conditioned that said person so convicted shall cause the child or children under his or her legal charge or control to attend some recognized school within five days thereafter, and to remain at said school during the term prescribed by law ; provided, that if said parent, guardian or other person in charge of said child shall prove inability to cause said child to attend said recognized school, then said parent 1 , guardian or other person shall be discharged, and said court shall, upon complaint of said truant officer or other person, that said child is a juvenile disorderly per- son within the meaning of this act, then said court shall thereupon sentence said child to a juvenile reformatory until such child shall arrive at the age of sixteen years r unless sooner discharged by the board of control of said juvenile reformatory; provided, however, that such sen- tence may be suspended, in the discretion of said court, for such time as the child shall regularly attend school and properly deport himself or herself ; it is further pro- vided, that if, for any cause, the parent or guardian or other person having charge of any juvenile disorderly person, as defined in this act, shall fail to cause such juvenile disorderly person to attend said recognized school, then complaint against such juvenile disorderly person may be made, heard, tried and determined in the same manner as is provided for in case the parent pleads. SCHOOL LAW. 73 inability to cause said juvenile disorderly person to attend said recognized school ; and it is further provided, that .no child under the age of nine years shall be sent to a juvenile reformatory under the provisions of this act. 205. It shall be the duty of the officers empowered, ^ detailed or appointed under the provisions of this act to assist in the enforcement thereof, to institute or cause to iatin g this be instituted, proceedings against any parent, guardian Ibid> 8 - or other person having legal charge and control of any child, or any person, company or corporation violating any of the provisions of the sections of this act ; provided, Proviso. this law shall not be operative in those school districts of the state where there are not sufficient accommoda- tions to seat the children compelled to attend school under the provisions of this act ; and that no prosecution shall be instituted against any parent, guardian or child unless they have received due notification from an officer empowered under this act that they are acting in viola- tion of the provisions of this act. 206. When there is not within the distance of two schools other miles from the factory or shop in which a child under chooV to be r f*r., -11 .1 approved by an the age of fifteen years is employed, or from the resi- inspector. dence of the child, a recognized efficient school, attend- ance at a school temporarily approved by an inspector of factories and workshops, shall, for the purposes of this act, be deemed attendance at a recognized efficient school, and the inspector of factories shall immediately report to the educational department every case of the approval of a school by him under this section. 207. Two weeks' attendance of children between Attendance at half-time twelve and fifteen years of age, at a recognized half-time or evening school, shall, for all purposes of this act, t)e counted as one week at a day school. 208. When any provisions of this act are violated by corporations ' * liable for viola- a corporation, proceedings maybe had against any of {^J 3 ? f , * hi9 act - the officers or agents of said corporation who in any way participate in or are cognizant of such violation by the corporation of which they are the officers or agents, and SCHOOL LAW. said officers or agents shall be subject to the same pen- alties as individuals similarly offending. Condemn land. P. L. 1888, Chap. LIX, I 2. Majority of tax- able voters to vote on question of condemnation . Trustees may make necessary surveys P. L. 1880, Ch'p. CLVIII,a. Supreme Ccurt Justice may appoint com- missioners. Ibid. 3. CONDEMNATION OF LAND. 209. It shall be lawful for any school district of this state at their annual meeting, or at any special meeting called for that purpose, upon legal notice, to vote and appropriate money for the purchase or acquirement of lands and the construction of a school house, or for the purchase or acquirement of additional lands to increase the present school grounds of said district, at such place in the said school district as the school trustees thereof may designate, and for that purpose the said school trustees may acquire the said land by purchase or con- demnation; provided, a majority of the taxable voters of said school district shall be present at any meeting as aforesaid and shall vote on any proposition presented for the condemnation of land ; and any money heretofore raised by tax for any of the purposes aforesaid in any school district, and not otherwise appropriated or ex- pended, may be used for such purpose upon the order of the school trustees of such district. 210. It shall be lawful for such school trustees to enter upon any lands and make all such preliminary examina- tions, explorations, measurements and levelings as may be necessary and proper for their purposes, doing there- by as little damage as possible to the owner or owners thereof. 211. In case said school trustees cannot agree with the owner or owners, or other persons interested in any lands wljich said school trustees may desire to take, use and occupy, or from which they may desire to take or divert, either in whole or in part, for the purposes of their build- ing, or cannot agree with the owner or owners for the whole or any part of any lands as to the amount of com- pensation to be paid for such, taking, use, diversion or occupation or interest, it shall be lawful for any justice of the supreme court of this state, upon application by SCHOOL LAW. 75 said school trustees, and upon two weeks' previous no- tice, served in person, or by leaving at the dwelling-house or usual place of abode of such owner or owners, or, in case of absence from the state or legal disability, pub- lished in a newspaper published nearest to the lands in question, to appoint three disinterested commissioners, residents of the county in which said lands are situated, to assess and ascertain the value of the lands so proposed to be taken, used and occupied, which commissioners shall appoint a time and place at which they shall meet to execute the duties of their appointment, and shall cause two weeks' notice thereof to be given to the parties interested therein, either by personal service or by pub- lication in a newspaper published in the county where such lands may be, at which time and place the said commissioners shall meet and view the premises, and hear the parties interested, and take evidence, if any be offered, and for that purpose shall have power to admin- ister oaths or affirmations, and to adjourn from day to day ; and in case of the refusal or failure of either or any of said commissioners to attend and perform their said duties, the said judge shall have power to appoint an- other or other disinterested person or persons as com- missioners to act in the place of such absent commis- sioner or commissioners; and the said trustees shall make and exhibit to the said commissioners at their meeting aforesaid, for the use of the parties interested, a statement and description in writing, or by drawings or maps, or both, of the lands by them sought to be taken or diverted as aforesaid, and of the use, occupa- tion of, and excavations upon any lands by them sought to be made ; and the said commissioners shall thereupon ascertain and assess the value and damages aforesaid, and shall execute under their hands and seals, or the hands and seals of a majority of them, an award to said trustees of the lands by them sought in the statements and description aforesaid, stating therein the amount of damages and compensation therefor by them assessed in favor of such owner or owners, which award shall be by 76 SCHOOL LAW. them acknowledged and filed in the county clerk's office, Proviso. and by him recorded ; provided, always, that if any real estate, the owner or owners of which shall not have given his, her or their consent in writing to the diver- sion or to the taking of said land, shall not have been ascertained and paid pursuant to the directions of this act, shall be injured or damaged by the diversion or diminution of any said land, that the owner or owners thereof may have and maintain his, her or their action to recover damages for such injury which he, she or they may sustain by reason of anything done under this act, as if this act had not been passed. land^ondemned ^' Before taking possession of any such lands, or ibid. 4 . entering thereon for the purpose of making any exca- vation or occupation thereof, or taking any interest in land as aforesaid, the said trustees shall pay or tender to such owner or owners, or, in case of absence from the state or legal disability, shall deposit with the clerk of the circuit court of said county the value and dam- ages so awarded ; and the award of said commissioners and the payment or tender or deposit as aforesaid of the same, shall vest in said corporation the lands by them sought, described and set forth in said statement and description, in all respects the same as if the same had been conveyed to said trustees by said owner or owners under their hands and seals. - 213. If either party feel aggrieved by said assessment . 5 . and award, such party may appeal to the next or second term of the circuit court of said county, by petition and notice thereof served upon the opposite party two weeks prior to such term, or published a like space in a news- paper published nearest the lands in question, which petition and notice so served or published shall vest in said courts full power to hear and determine said appeal, and if required, they shall award a venire for a jury to come before them, who shall hear and finally determine the issue under the direction of the court, as in other trials by jury ; and it shall be the duty of the said jury to assess the damages to the said lands as above men- SCHOOL LAW. 77 tioned, and the value of such lands as shall be absolutely taken ; and said court shall have power to order a struck Trial b y jury. jury, or a jury of view, or both, to try any such appeal, and also to order any jury which may be empaneled and sworn to try any such appeal, to view the premises in question during said trial ; and the right of said trustees to appeal from and dispute the correctness of any award shall not be waived or taken away by the paying or tendering the amount of the award and taking posses- sion of the land, or exercising the rights covered by such award ; and the right of any owner of any such lands or rights in like manner to appeal, shall not be waived or lost by the acceptance of the amount so awarded, when tendered ; and upon the final determi- nation of any such appeal, the said court shall render such judgment in favor of the one party and against the other, as the right and justice of the case shall re- quire, and shall award to the party substantially succeed- ing and prevailing in said appeal, his, her or their costs of said appeal against the opposite party, and shall have power to enforce the judgment so rendered by execu- tion, as other judgments are enforced, and also by sum- mary proceedings and attachments for non-payment thereof. 214. In case any school district of this state has pur- Proceedings i . case title to chased any lands in this state, or may hereafter purchase lands is defec- any lands, and has built, or may hereafter build thereon, any school house or school houses, the title to which said lands is in any way defective, it shall and may be lawful for any justice of the supreme court of this state, and the said justice is hereby directed, upon application by the trustees of said school district, upon two weeks' previous notice, served in person, or by leaving a copy thereof at Notice to o the dwelling-house or usual place of abode of the owner or owners of said lands, or in case of the absence from the state or legal disability of the owner or owners, then the said notice shall be published in the newspaper pub- lished in the county where said lands are situate, for two weeks prior to the time fixed for such application, to ap- 78 SCHOOL LAW. Commissioners to meet. Assess value of lands. point three disinterested persons commissioners, which said commissioners shall be residents of the county where said lands are situate, to condemn and assess and ascer- tain the value of the lands so purchased as aforesaid, which commissioners shall appoint a time and place at which they shall meet and execute the duties of their appointment, and shall cause two weeks' notice thereof to be given to the owner or owners thereof, either by personal service or by leaving a copy thereof at the dwelling-house or usual place of abode of said owner or owners, or in case of the absence from the state or legal disability of said owner or owners, then said notice shall be published in a newspaper printed in the county where said lands are situate, for two weeks prior to the time of such meeting ; at which time and place the said com- missioners, or any two of them, shall meet and view the premises and lands, and hear all the parties interested, and take evidence, if any shall be offered, and for that purpose shall have power to administer oaths and affir- mations, and to adjourn from time to time ; and the said trustees of said school district shall make and exhibit to the said commissioners at their meeting aforesaid, a de- scription of said lands purchased as aforesaid, either in writing or by maps or drawings or both ; and the said commissioners, or any two of them, shall thereupon as- certain and assess the value of said lands, and shall exe- cute under their hands and seals, or the hands and seals of any two of them, and award to said trustees of said school district of the lands by them sought in the de- scription aforesaid, stating therein the amount of com- pensation therefor by them assessed in favor of said owner or owners, and a description of the said lands, which said award shall be acknowledged by the com- missioners making the same and filed in the clerk's office of the county ^here said lands are situate, and recorded by the said clerk in the same manner and in the same books that deeds tor real estate are now recorded. LAW. 79 215. When the said commissioners, or any two of Jmount s S as- pay them, shall make their award and assess the value of ib1d ed 2 . the lands aforesaid, that it shall be the duty of the trus- tees of said school district to pay to the owner or own- ers of said land the amount so assessed by the said commisioners, and in case the said owner or owners refuse to receive the same, or reside out of this state, or are legally disqualified, or cannot be found, then the said trustees shall pay the said amount so assessed to the clerk of the circuit court of the county where said lands are situate. 216. The award of the commissioners aforesaid, or Title to vest in trustees any two of them, and the payment of the money so Ibid 3- assessed as aforesaid by the trustees of said school dis- trict in the manner aforesaid, shall vest in the trustees of said school district the lands and premises described in said award, the same estate that would have vested in them had the owner or owners thereof conveyed the same to the trustees of said school district under their hands and seals in fee simple. 217. If the trustees of said school district or the owner or owners of said lands are not satisfied with the assessment of the said commissioners of the amount to. be paid to the owner or owners of said lands, then and in that case either party may appeal to the next or second term thereafter of the circuit court of the county where said lands are situate, by filing a petition with the clerk of said circuit court, and serving a notice of such appeal upon the opposite party, three weeks prior to such term, or by publication in a newspaper printed in the county where said lands are situate for four weeks prior to such term ; which petition, when filed, and the notice served or published as aforesaid, shall vest in said court full power to hear and deter- mine said appeal. 218. In all cases of appeal from the assessment of the commissioners it shall and may be lawful for either party to demand and have a trial by jury, and the assessment of the court or jury shall be final. 80 SCHOOL LAW. Districts may vote money. Ibid. '< 6. Condemnation of land for school purposes in cities. P. L. 1889, Chap. CXXVI, Appointment of commissioners. Commissioners to take oath. Ibid. \ 2. 219. It shall and may be lawful for any school district in this state, at their annual meeting, to vote money to carry out the provisions of this act. as money is now voted for said school district under any existing law. 220. Whenever, in the judgment of the board or body having control of the public schools, and the authority to purchase lands therefor in any of the cities of this state, the price demanded by the owners of any lands or real estate which may be deemed by such board or body necessary for the use of the public schools of any such city, is exorbitant and more than the reason- able and fair market value thereof, it shall and may be lawful for such board or body, with the concurrence of the common council (whenever the concurrence of the common council or other governing body is necessary for the purchase of lands for public school purposes in any such city), to .apply to a judge of the circuit court in and for the county in which such city is located, for the appointment of three commissioners to make an appraisement of the value of the lands and of the dam- ages which the owner or owners may suffer by reason of the taking and condemnation thereof; such application .shall be made upon petition, setting forth that the said board or body has been unable to agree with the owners for the purchase of such lands, and that the price de- manded therefor is, in the judgment of the said board or body, exorbitant, and more than the market value thereof, and praying the same may be condemned, giv- ing in the said petition a description of the lands which it is desired shall be condemned for the purposes afore- said, and thereupon it shall be the duty of the said judge to appoint as commissioners three suitable persons (who shall be freeholders and residents in the county within which such application is made), to make an appraise- ment of the value of the lands so to be condemned, and of the damages which the owner or owners of such lands may suffer by reason of the taking thereof. 221. Such commissioners appointed by the circuit court having taken an oath faithfully and impartially to SCHOOL LAW. 81 execute the duties of their office, shall forthwith pro- ceed to estimate and determine the fair value of the lands and real estate so to be taken and condemned as aforesaid, and of the damages which the owner or own- ers thereof will suffer by reason of the taking thereof, first having given at least ten days' notice in writing to Notice to owners the said owner or owners, either personally or by leav- ing the same at his or her place of abode, of the time and place when and where they may be heard in relation to the matter; in case any owner shall be an infant, married woman, non compos mentis or absent from the city or place where such condemnation proceedings are taken, or be from any cause incapacitated to act in this behalf, then notice of the time and place and object of said meeting shall be advertised or other notice given, JJjSKmen, as the judge may direct, and said meeting or meetings may be adjourned from time to time at the discretion of said commissioners, and as soon as they shall have determined upon said valuation they shall make and sign a certificate thereof and file the same in the office of the city clerk of such city, or at such other place as the said judge may direct; and immediately upon the Payment of payment to said owner or owners of the amount of the said valuation, or in case he or they will not or cannot receive the same, upon deposit of the same in such bank or institution as the said court or judge may direct, the title to and right of possession of such property shall immediately become vested in such city or place ; and any owner conceiving himself or herself aggrieved by the proceedings of said commissioners, may appeal A PP eai from J rr award of com- therefrom to the supreme court of this state at any time within sixty days after the filing of said certificate, and the said court shall thereupon order a trial by jury to assess the value of the said property and the said dam- ages, which trial shall be conducted in all respects as in other cases of trial by jury, and the final judgment of the said court upon the verdict rendered therein shall be conclusive upon all parties as to the said valuation and damages, and the amount already paid or deposited SCHOOL LAW. as aforesaid shall be increased or diminished accord- ingly. 222 A11 titles ^QU * or the Purposes mentioned in ibid. * 3 . this ac t sna ;Q k e i n the name of the city in which the said lands are purchased or condemned by virtue of the provisions of this act. SJTEion^ f 223. The commissioners so to be appointed by the ibid. 4. sa i(i judge of the circuit court shall receive such com- pensation for their services as the said judge shall order and direct, and the same, as well as the other expenses incident to the condemnation proceedings, shall be paid by the said city in which the lands are situate. EX ensestobe ^24. Any city in which such condemnation proceed- ibid k y 5 dty ' i n 8 are taken shall provide the necessary funds to pay for the lands so condemed and the damages for the taking thereof, and such other expenses as may be inci- dental thereto, and for this purpose shall have power to raise money by taxation. MANUAL TRAINING. state appropria- 225. Whenever any board of school trustees or board tion for manual ,,,...,. IT, training. of education of any school district in this state shall p T T QQQ ** chap. ' certify to the state superintendent of public instruction that there has been raised by special district school tax, or by subscription, or both,, a sum of money not less than five hundred dollars for the establishment in such district of a school or schools for manual training, or for the purpose ot adding manual training to the course of study now pursued in the school or schools of such dis- trict, it shall be the duty of the said state superintendent of public instruction, with the approval of the governor, to draw his order on the comptroller and in favor of said district for a sum equal to that contributed by said school district as aforesaid for said object; and when such school or schools shall have been established, or manual training shall have been added to the course of study in any district, there shall be annually contributed SCHOOL LAW. 83 by the state, in manner aforesaid, for the maintenance thereof, a sum of money equal to that raised each year in said district for such purpose; provided, that the Proviso. course of manual training established or introduced under the provisions of this act shall be approved by the state board of education ; provided further, that the Proviso moneys appropriated by the state as aforesaid to any school district shall not exceed in any one year the sum of five thousand dollars, and that all payments made in pursuance of the provisions of this act shall be paid on the warrant of the comptroller out of the income of the school fund. 226. The trustees of any school district in this state Report to state superintendent. receiving an appropriation under the provisions of this Ibid 2 act shall annually, on or before the first day of Septem- ber, make a special report to the state superintendent of public instruction of the progress of manual training in such district, and give such other information in con- nection therewith as he may require. INDUSTRIAL EDUCATION. 227. Whenever any board of education, school com- state appropna- * tion for technical mittee, or other like body, of any city, town or town- p h ol ^ 8l ship in this state shall certify to the governor that a sum cj a p cxLiv, of money not less than three thousand dollars, has been contributed by voluntary subscriptions of citizens, or ortherwise as hereinafter authorized, for the estab- lishment in any such city, town or township, of a school or schools for industrial education, it shall be the duty of the said governor to cause to be drawn, by warrant of the comptroller, approved by himself, out of the income of the school fund, an amount equal to that contributed by the particular locality as aforesaid for P^ the said object; and when any such school or schools ? *. shall have been established in any locality as aforesaid, there shall be annually contributed by the state, in manner aforesaid, for the maintenance and support thereof, a sum of money equal to that contributed each 84 SCHOOL LAW. Proviso. Money to be applied under direction of trustees. P. L. 1881, Chap. CXLIV, 2. Local tax. Ibid: I 3- Trustees. Ibid. 4 . Powers. year in said locality for such purpose ; provided, however, that the moneys contributed by the state, as aforesaid, to any locality, shall not exceed in any one year the sum of five thousand dollars. 228. All moneys raised and contributed as aforesaid shall be applied under the direction of a board of trus- tees, organized as hereinafter provided, to the establish- ment and support of schools for the training and educa- tion of pupils in industrial pursuits (including agricul- ture), so as to enable them to perfect themselves in the several branches of industry which require technical instruction. 229. Any city, town or township shall have power to appropriate and raise by tax for the support of any such school therein, such sum of money as they may deem expedient arid just. 230. There shall be a board of trustees of each of such schools, which shall consist of the governor, ex-officio, who shall be president thereof; two persons selected by the state board of education ; two by citizens and associa- tions contributing ; two by the board of education, school committee or other like body of the locality where such school is established ; and one by the common council, township committee or other governing body thereof, if such city, town or township shall contribute to the main- tenance of such school ; the said board of trustees shall have control of the buildings and grounds owned and used by such schools, the application of the funds for the support thereof, the regulation of the tuition fees, the appointment and removal of teachers, the power to pre- scribe the studies and exercises of the school and rules for its management; to grant certificates of graduation, to .appoint some suitable person treasurer of the board, and to frame and modify at pleasure such by-laws as they may deem necessary for their own government; they shall report annually to the state and local boards of education their own doings and the progress and condi- tion of the schools. SCHOOL LAW. 85 corpo e rlt b e dies 231. The board of trustees of schools for industrial education, provided for and organized under the act to which this is a supplement, be and they are hereby created a body corporate under the name and style of " the board of trustees of schools for industrial educa- [see sec . 23 o.] tion," with the right of perpetual succession, to sue and be sued, to purchase, lease and hold personal and real property, and to sell and mortgage the same, and with power to accept donations and bequests of money and property to be used for the purposes for which said boards are constituted and organized. 232. The said trustees shall receive no compensation p ^!? 011 ' for their services, but the expenses necessarily incurred P ap CXLIV ' by them in the discharge of their duties shall be paid o^ CLXIV, out of the 'income of the school fund upon the approval If dl1 of the governor. 233. Whenever in any school district there shall have state appropria- rf tion for industrial been raised by special school tax or by subscription, or 5, du at ;^g both, a sum of money not less than five hundred dollars, ^ a ? CXIV > for the establishment in such district of a school or schools for industrial education or for the purpose of adding industrial education to the course of study now pursued in the school or schools of such district, there shall be appropriated by the state, out of the income of the school fund, an amount equal to that appropriated by the district as aforesaid; and when such school or schools shall have been established in any district, or said industrial education has been introduced into the course of study in the school or schools of any district, there shall be appropriated by the state for the mainten- ance and support thereof a sum of money equal to that appropriated ach year by the district for such purpose ; provided, that the moneys appropriated by the state as Proviso aforesaid to any school district shall not exceed in any one year the sum of five thousand dollars ; the treasurer of the city or the collector of the township, as the case may be, shall be the legal custodian of any and all funds subscribed, allotted or raised for the purpose of carrying out the instruction contemplated by this act, -and he 86 SCHOOL LAW. Proviso. Report to state superintendent. Ibid. 2. Who may be trustees Ibid. j *. shall keep a separate and distinct account thereof, apart from all other moneys in his custody whatsoever, and shall disburse the fund on the properly authenticated drafts of the trustees of the school district, or other per- sons or board having charge of public schools in such district; any unexpended balance to the credit of this fund in any township or city at the end of any fiscal year, shall not be covered into the treasury of the city or township, but shall be at the disposal of the school trustees or other persons or board having charge of public schools in the district, for the purpose of aiding industrial education in the succeeding year or years; provided, that any such unexpended balance shall not be included in the report of the amount raised in any suc- ceeding year for the purpose of procuring state funds as above provided. 234. The trustees or other persons or board having charge of public schools of any district in [this] state re- ceiving an appropriation under the provisions of this act shall annually, on or before the first day of September, make a special report to the superintendent of public in- struction of the progress of industrial education in such district and such other information in connection there- with as he may require. 235. It shall be lawful for the trustees or other persons or board having charge of public schools of any school district to associate with themselves in the management of this fund a number of citizens not exceeding ten representing the donors, in case the sum or any part thereof necessary to obtain the state appropriation shall have been raised by private subscription. CHILDREN IN FACTORIES. Ages of children 236. No boy under the age of twelve years, nor any p. L Ss"' girl under fourteen years of age, shall be employed in Chap . LVII,gi. & , , J r , ,1 any factory, workshop, mine or establishment where the manufacture of any goods whatever is carried on. SCHOOL LAW. 87 237. On and after the first day of July, one thousand ^ e d n re a n ge b s e ; f eight hundred and eighty-four, no child between the fifteen m^t ages .of twelve and fifteen years shall be employed in See^oy- any factory, workshop, mine or establishment where Sc ntl the manufacture of any kinds of goods whatever is car- II ried on, unless such child shall have attended, within twelve months immediately preceding such employment, some public day or night school, or some well recog- nized private school; such attendance to be for five days or evenings every week during a period of at least twelve consecutive weeks, which may be divided into two terms of six consecutive weeks each, so far as the arrangement of school terms will permit, and unless such child, or his parents or guardian shall have pre- sented to the manufacturer, merchant or other employer seeking to employ such child, a certificate giving the name of his parents or guardian, the name and number of the schools attended, and the number of weeks in attendance, such certificate to be signed by th,e teacher or teachers of such child ; provided, that in case the age Proviso. of the child be not known, such teacher shall certify that the age given is the true age, to the best of his or her knowledge and belief; provided, that in case of Proviso. orphan children, where necessity may seem to require, the guardian or others having charge of the same, may, upon application to the inspector provided for in this act, receive from him a permit for the employment of such child or children, under such regulations as the said inspector may prescribe. 238. No child or children under the age of fourteen children under ._-. . _. _ , _ ... fourteen not to be years shall be employed in any factory, workshop, mill employed more ,. , , . , than ten hours a or establishment where the manufacture of any kind of day. ^ goods is carried on, for a longer period than an average of ten hours in a day, or sixty hours in week. 239. Every manufacturer, merchant or other employer Penalty for vio- . . . > , . lationofact. employing any person contrary to the provisions of this P L- 1884, act, or who shall be guilty of any violation hereof, shall cxJxyii, 5 . be liable to a penalty of fifty dollars for each offense, to be recovered in an action of debt in any district court 88 SCHOOL LAW. in any city, or before any justice of the peace having jurisdiction, and that any parent or guardian who know- ingly permits the employment of any such child or children, shall be liable in any like action to a penalty of not more than fifty dollars, as the court shall fix ; that such 'action shall be prosecuted in the name of the inspector; the trial shall proceed as other actions of debt, and the first process shall be a summons return- able in not less than five days or more than ten after issue, and it shall not be necessary to indorse the same as qui tarn actions, the finding of the court shall be that the defendant has or has not, as the case may be, in- curred the penalty claimed in the demand of the plain- tiff, and judgment shall be given accordingly; in case an execution shall issue and be returned unsatisfied, the court, on application, after notice to the defendant, may award an execution to take the body of the defendant, and in case such defendant is committed under such an execution, he shall not be discharged under the insolv- ent laws of the state, but shall only be discharged by the court making the order for the body execution, or one of the justices of the supreme court, when such court of justice shall be satisfied that further confine- ment will not accomplish the payment of the judgment and costs ; an affidavit of the age of any minor, made by its parent or guardian at the time of its employment, shall be conclusive evidence of the age of such minor upon any trial against a manufacturer or employer for a violation of this act, but any parent or guardian that shall knowingly swear falsely in such affidavit shall be guilty of perjury, and the inspector or deputy inspector shall be authorized, in case they shall find any minor employed under any false affidavit given as aforesaid, to order and compel such minor to desist from work ; the provisions of this act in relation to the hours of employ- ment shall not apply to or affect any person engaged in preserving perishable goods in fruit canning establish- ments. inspector of 240. The governor shall, immediately after the passage of this bill, appoint, with the advice and consent of the SCHOOL LAW. 89 senate, some suitable person, who shall be a resident and citizen of this state, as inspector, at a salary of twelve salary and term hundred dollars per year, to be paid monthly, whose term of office shall be for three years ; the said inspector shall be empowered to visit and inspect, at all reason- able hours, and as often as practicable, the factories, workshops, mines and other establishments in the state where the manufacture or sale of any kind of goods is carried on, and to report to the governor of this state on or before the thirty-first day of October in each year ; it shall also be the duty of said inspector to enforce the provisions of this act, and prosecute all violations of the same in any recorders' courts of cities, and justices of the peace or other courts of competent jurisdiction in the state. 241. All necessary expenses incurred by said inspector | x en jg- in the discharge of his duty shall be paid from the funds g XVII g 6 of the state, upon the presentation of proper vouchers of the same ; provided, that not more than one thousand dollars shall be expended by him in any one year. 242. All fines collected under this act shall enure to Fines. the benefit of the school fund of the district where the chap Life, \ 7 . offense has been committed. AGRICULTURAL COLLEGE. 243. It shall be the duty of the county superintendent, ^ at such time and place as the state superintendent may appoint, to examine such candidates for state scholar- ^ l86 7> ships at the agricultural college as may present them- cLxxix, 27 . selves, and the candidates shall be subjected to such examination as the faculty of the said college and the state superintendent shall prescribe ; and the candidates who shall receive certificates of appointment to the agricultural college in any one county shall be those who obtain, on such examination, the highest average for scholarship; and the number of certificates thus 90 SCHOOL LAW. Additional free scholarships P. L. 1890, Chap CVIII, Students from each assembly district. granted shall in no case exceed the number of state scholarships to which such county is entitled.* 244. In order that students in all schools in all parts of the state may receive the stimulus afforded by the opportunity to pursue the courses of study in the state agricultural college, and in order to enable said state agricultural college to furnish instruction gratuitously to students, residents of this state, in its several courses of study, as special courses of advanced study in the public school system of this state, there shall be sent to the said college students to the number of one each year from each assembly district in this state, to be selected and designated as hereinafter provided, who shall receive gratuitous instruction in any or all of the prescribed branches of study in any of the courses of study of said state college, under the general powers of supervision and control possessed by the board of visitors of said state college ; said students so received shall be residents of this state and shall be admitted into said state college upon the terms and subject to the rules and discipline which shall apply to all the free students of said state college, and if there should be more than one suitably prepared applicant from the same assembly district in the same year, such additional applicant may, in the discretion of the board of visitors of the said state agricultural college, be received upon students may be any vacant scholarships of any other assembly districts until such district sha,ll require such scholarships, after notice has been served upon the superintendent of edu- cation of the county in which such vacant assembly dis- tricts are situated. 245. Said students shall be selected as follows: a competitive examination under the direction of the city superintendents and the county superintendent of edu- cation in each county, shall be held at the county court house in each county of the state, upon the first Satur- day in June in each year, and the necessary traveling received on vacant scholar- ships. Examination for scholarships. Ibid ', 2. * Each county is entitled to as many students as it has representatives in the Legisla- ture. P. L 1864, Chap. CCCLXIX, \ 10. SCHOOL LAW. 91 expenses of said examiners, not otherwise provided for by law, on the approval of the president and secretary of the board of visitors of said state agricultural college, shall be paid by said state college ; students who apply for examination shall be examined upon such subjects as may be designated by the faculty of said college, and the state board of education, and the said city and county superintendents shall report to the president of said college and the state superintendent of public in- struction the names of all such students examined as in their opinion are suitably prepared to enter said college, with their estimate of the order of excellence in scholar- ship shown by said students at such preliminary ex- amination; certificates of appointment to the state agri- ^ cultural college shall be issued by the state superin- tendent of public instruction to all such students as are so found to be qualified to enter said college, and in case the vacant scholarships shall not be sufficient to receive all such successful candidates, preference to ap- pointing to vacant scholarships shall be given to suc- cessful candidates in the order of the excellence of their examination as certified by said superintendents, and in general the regulations and provisions governing the conduct of such examinations and the appointment of said students to said scholarships shall be subject to the control of said board of visitors of said college. 246. Each student so appointed and admitted to said students ap. J -- A pointed to hold college shall be regarded as holding a state scholarship, state scholar- and for each scholarship so held there shall be paid as Ibid 3 hereinafter provided, on the first day of November in each year, to the treasurer of said college, the same sum of money as the said college is entitled to receive for Appropriation * from income of each scholarship established in said college under the state sch o1 iund - existing state agricultural college fund ; provided, that Proviso such payment shall be made only out of the income of the fund for the support of public free schools remain- ing after appropriations heretofore made payable out of said income are met. 92 SCHOOL LAW. certify to ascertain the number of scholarships smdents f ^ or w hi c k payment shall be made as aforesaid, the presi- ibid. 1 4 . dent of said college shall, in the month of October, in each year, make his certificate in writing, setting forth the names of the students so as aforesaid appointed and then in attendance at said college, the assembly districts from which they were appointed and the classes in col- lege in which they belong, or the special courses of study which they are pursuing, which certificate, when approved by the president of the board of visitors of the state agricultural college, shall be plenary evidence of the number of scholarships for which payment shall be certificate filed made, and on filing the same with the comptroller of with state comp- the state he shall draw his warrant upon the treasurer of the school fund for the sum of money to which the said college may accordingly be entitled, and the said treasurer shall thereupon pay the same as aforesaid. CITIES. Census of school 248. From and after the passage of this act, in all cities children in cities , . , p. L. 1880, wherein there now are, or may hereafter be, school cxxxv, 1 1. boards, boards'of education, or boards of school trustees, the enumeration and census of the children of school age in such cities shall be made and taken annually, on or before the first day of June, by the clerk or secretary of said boards, or by such other person or persons as may be appointed by said boards for such purposes, and a report thereof, duly attested by affidavit as correct, filed with the board of education or school trustees, who shall procure the same to be reported to the county superintendents of their respective counties. census, how 249. The enumeration and census so as aforesaid made and taken, shall contain the name in full and age of each child and the names and residences of their parents, and the person or persons making the said cen- sus and reporting the same shall be entitled to such Fee for each price, not less than three nor more than five cents, as name. * may be fixed by the said school boards. SCHOOL LAW. 93 250. In any city in this state where the board of edu- cation is authorized by law to determine the amount required for the current expenses of such board, without the concurrence of any other board, it shall be lawful CLXXIX.SI for such board of education to incur expenditures for such purposes in excess of and beyond any limit now fixed by law ; provided, that such expenditures shall not Proviso exceed in any one year, the average enrollment of pupils in the public schools in such city during the next preced- ing year ; provided, that this act shall not be construed Proviso, so as to decrease the limit of expenditure for the pur- poses aforesaid in any city where by present law the limit is more than fifteen dollars or where there is no limit. 251. It shall be lawful for the board of education of May appropriate money for cur- any city, with the concurrence of the board of aldermen rent expenses J J J .for buildings, &c. or other body having charge of the finances of such city, Ibid 2 - to appropriate and expend such sum and sums of money as in the judgment of such boards shall be needed from time to time for the current expenses of the public schools of such city, or for the improving or increasing the school accommodations of such city, by the erection or alteration of school houses or otherwise, in excess of and notwithstanding any limitation upon any such ex- penditure in this or any other law of this state, general, special or local contained. 252. It shall be lawful for any city in this state to Limit of ex P e- * ditures in cities. raise, by taxation, and expend for the purposes of cur- P^L- ^se. rent expenses of the department of public instruction CLXXII,I. for any fiscal year, an amount which, together with the state appropriation for schools, shall equal fifteen dollars per scholar on the average number reported as enrolled in the public schools of such city in the last preceding year ; provided, that this act shall not -be construed so as pr to decrease the limit of expenditure for the purposes aforesaid in any city where by present law the limit is more than fifteen dollars or where there is no limit. 253. The municipal board in any city authorized to determine annually what amount of tax shall be re- 94 SCHOOL LAW. p. L. i8 . 8 5^ xn quired for school purposes, shall have power to deter- ' mine an amount not to exceed one-half of one per cent, of the taxable valuation of the real and personal prop- erty in any city, in addition to the state school tax , levied for that year ; and such amount of tax so deter- mined shall be assessed and collected at the same time and in the same manner with the taxes of the city Proviso. assessed and collected for other city purposes ; provided, that this act shall not take away from any city any power now existing to raise a larger amount of taxes Proviso. for school purposes; and further provided, that this act shall not take effect in any city until the same shall have been first submitted to a vote of the qualified voters at any annual municipal election, and shall have received the approval of a majority of those voting at such election. Repeater. 254. All special charters and acts limiting the amount to be raised for school taxes in any such city, and all other acts or parts of acts inconsistent herewith be and the same are hereby repealed. Special city 255. The amount of money raised in any one year by school tax not to 11 exceed amount tax in any city, by order of the board of aldermen, for received from * ^ ' * P & L' is s ^ e curren t expenses of public schools, shall not be cxxxiv i ii greater than the entire amount received from the state for school purposes during the preceding fiscal year; Proviso. provided, that a special additional appropriation may be made at any time by a three-fourths vote of all the members of the board of aldermen. Boards of edu 256. It shall be lawful for any board of education of cation may . _ . _ . modify appro any incorporated city of this state, from time to time, to modify the several appropriations made by the board, to I i - be expended under the direction of its several commit- tees during any fiscal year ; provided, however, that said modifications shall not authorize any expenditure in ex- cess of the sum appropriated for the current expenses of the department of public instruction at the time when 8UC h appropriation shall have been originally made. 257. The amount appropriated by the board of alder- men or other body charged with the duty of making SCHOOL LAW. 95 appropriations for defraying the current expenses of the department of public instruction of any city of this state, for each successive year, shall thereby become appro- priated to defray such current expenses and shall be used for no other purpose whatever. 258. Whenever it has become or may become neces- sary in any of the cities of this state to use the whole or porary?o?ns terr any part of the appropriation annually made by the state chap. 1 for the support of public schools therein, before the same has been actually paid over by the state to such city, it shall and may be lawful for such city to borrow, on temporary loans, in anticipation of such receipt, the whole or any part thereof; provided, the amount so bor- Proviso. rowed shall not exceed in any one year the amount so apportioned. 259. It shall be the duty of such city to pay off and t p e ^7 r ^ y [ oans . discharge all such loans outstanding when such money Ibi( ^ '* 2 - so anticipated is received. 260. Whenever in the opinion of the board of educa- tion of any city in this state, it shall become necessary for the proper maintenance and continuance of the schools in such city, to use and expend the money ^ ap XXIV> appropriated by the state for school purposes, it shall be lawful for the said board to use and expend the same at any time during the calendar year, and without regard to the state school year ; provided, that the said board Proviso. shall not use or expend the same for any purpose incon- sistent with or other than those specified in the act to which this is a supplement. 261. Boards of education now prohibited by law from ^^^f purchasing any article necessary for the schools under f^'j^f their control without advertising for the same, are here- LXXXVI g i by authorized to purchase, without advertising, to the extent of twenty-five dollars for any one article; provided, Proviso, the -same be sanctioned by a majority of the board. 262. In addition to its yearly appropriations for school ?Sf ri and ns purposes, it shall be lawful for the body having control J^geSt children of the finances of any city in this state to raise, in its 5?. ilTsss, annual tax levy, a sum of money not exceeding one thou- fi. ap c 96 SCHOOL LAW. Proviso. Salary of presi- dent of boards of education. P. L. 1880. Chap. CCVII, Superintendents in cities of the second class. P. L. 1891, Chap. XXVI, I*. Term of office. Ibid. # 2. Term of office of members of boards of educa- tion in cities of third class. P. L. 1883, Chap. XXXI, Shall divide into classes. Ibid. 3 2. sand dollars, which, together with any moneys obtained therefor by voluntary contributions, shall be expended for the relief and primary education of such indigent, homeless or deserted children of said city as, by reason of their age, their inability to obtain suitable clothing, their necessary occupations or otherwise, are unable to attend the public schools; provided, however, that the moneys thus appropriated shall be expended under the direction of the mayor of said city. 263. In cities of this state where the office of president of the board of education, or board of directors of educa- tion, exists or is created by any general or special law, such president shall hereafter receive no salary or com- pensation whatever for performing the duties of such office, but nothing herein contained shall be deemed or taken to affect or take away the salary of the present incumbent of any such office. 264. Any board of education of cities of the second class in this state shall have power to appoint a person of suitable attainments to be city superintendent of schools, define his duties and fix his term of office, not to exceed three years, and his compensation, which shall not be changed during his term of office. 265. The city superintendent of schools shall hold office for the said term and until his successor is ap- pointed, subject to removal by the board of education on complaint for cause stated. 266. In all cities of the third class the term of office of members of the board of education shall be for as many years as there are members of such board of edu- cation elected from each ward ; and that at each annual municipal election after the next succeeding election, each ward shall elect one member of such board of education. 267. At the next succeeding municipal election the members of the board of education shall be elected as heretofore, and at the first meeting of such board of education then elected, the members from each ward shall, by lot, divide themselves into classes, so that the SCHOOL LAW. 97 term of office of one member from each ward shall expire in each succeeding year. 268. The corporate authorities of the cities of the first class of this state, upon request by the board of education or other body having the charge of the public house r s ect sch o1 schools in such city of the first class, shall purchase chip.cxxix, lands and shall erect school houses thereon, and shall g * furnish the same from time to time, as the increase of population in any part of such city of the first class having the least school accommodations may demand ; provided, however, that the expenses incurred in each Proviso. year shall not exceed forty thousand dollars ; and pro- Proviso. vided further, that such expenditures shall be concurred in by the city board authorized by law to make appro- priations for the expenses of the city government. 269. To raise the funds for the purpose aforesaid, the fo r a Sng Unds -corporate authorities of such city of the first class shall tempora?y S io S ans y have power to raise money by temporary loans for a Ibld * 2 ' term not exceeding three years, and to meet such loan they shall include in the next annual tax levy one-third at least of the amount of such temporary loan, with interest thereon, and in the second succeeding annual tax levy they shall include at least one-third of such amount with interest thereon, and in the third succeed- ing tax levy they shall raise any balance unpaid with interest, and as fast as such moneys shall come into the treasury of such city of the first class, they shall be ap- plied to pay such temporary loan, and such loan shall be so obtained that it can be paid by installments with interest payable semi-annually. 270. To secure such temporary loan, the corporate May issue bonds . or scrip to secure authorities may authorize the issue of temporary loan lo ^- bonds or scrip, which shall bear such interest as may be agreed upon not exceeding the legal rate, to an amount not exceeding the expenditure to be incurred in each year. 271. Such temporary loan bonds or scrip may be at y sinking fund taken for the sinking fund of any such city of the first bonds. class, if the authorities having charge of such sinking 7 98 SCHOOL LAW. Bonds for school houses in cities not to ex- ceed $50 ooo. P L. 1882, Chap. CXIII, Proviso. Bonds to be authorized by common council. Ibid. \ 2 Bonds already issued to be included in the amount author- ized by this act. Ibid, g 3. School houses authorized to be built. P. L. 1882. Chap CLXXIX, i fund shall so select, and if such bonds can be so taken, it shall be the duty of such authorities to so take them, and the money raised by taxation, for the payment of the principal and interest, shall then be paid into the sinking fund. 272. It shall and may be lawful for any city in this- state, from time to time, to purchase lands for the pur- pose of erecting school-houses thereon, and to raise the money required for such purpose by loan on the credit of such city ; provided, that the total amount of bonds outstanding and unpaid, issued for such purpose, shall not exceed at any one time the sum of fifty thousand dollars ; and further, that said bonds shall not bear more than the legal rate of interest, and said bonds shall not be sold at less than par value. 273. All such loans shall be authorized by an ordi- nance of the common council or board of aldermen of such city, which ordinance shall distinctly specify and provide the ways and means, exclusive of loans, to pay the principal of said loans and the interest on the same annually, and also the time within which the said bonds shall be paid, . which ordinance shall be irrepealable until such debt is paid. 274. When, in any city of this state, loans have here- tofore been made for the purpose of purchasing lands and erecting school-houses thereon, and the bonds issued for such purpose are still outstanding and unpaid, the amount of the bonds so issued shall be included within the amount authorized to be issued by this act, and nothing in this act shall be taken or construed as author- izing the issuing of bonds to a greater amount, at any one time, than the sum of fifty thousand dollars, for the purposes aforesaid. 275. It shall be lawful for the corporate authorities of the cities of this state, upon request by the board of education or other body having the charge of the public schools in such city, to purchase lands and erect school- houses thereon, and to furnish the same, from time to time, as the increase of population in any such city may SCHOOL LAW. 99 demand ; provided, however, that the expense incurred in proviso. any one instance shall not exceed forty thousand dol- lars ; provided, further, that where the charter of any city, Proviso. or any supplement or supplements thereto provides a limit of annual expenditure for permanent improve- ments, nothing in this act shall authorize expenditure in excess of such limit. 276. To raise the fund for the purposes aforesaid, the Loans to be .. f , iii-i paid in three corporate authorities of such city shall have power to installments. _ Ibid. I 2. raise money by temporary loans for a term not exceed- ing three years ; and to meet such loan they shall in- clude in the next annual tax levy one-third, at least, of the amount of such temporary loan, with interest thereon, and in the second succeeding annual tax levy they shall include at least one-third of such amount, with interest thereon, and in the third succeeding tax levy they shall raise any balance unpaid, with interest; and as fast as such moneys shall come into the treasury of such city they shall be applied to pay such temporary loan ; and such loan shall be so obtained that it can be paid by installments, with interest, semi-annually. 277. To secure such temporary loan the corporate au- security for loan. thorities may authorize the issue of temporary loan bonds or scrip, which shall bear such interest as may be agreed upon, not exceeding the legal rate, to an amount not exceeding the expenditure to be incurred in any one instance ; provided, however, that no bonds shall Proviso. be issued in excess of ten per centum of the assessed valuation of such city. 278. Such temporary bonds or scrip may be taken for Loans taken b y it . sinking fund. the sinking fund of any such city, if the authorities Ibid - 84. having charge of such sinking fund shall so elect, and if such bonds can be so taken it shall be the duty of such authorities to so take them, and the money raised by taxation for payment of the principal and interest shall then be paid into the sinking fund. 279. If, in the judgment of any board of education of any city in this state or other body having control of the public schools in any city of this state, it shall at any CLXXXI, i. 100 SCHOOL LAW. time be deemed necessary and expedient to provide additional school accommodations in such city for the benefit of those entitled to attend the public schools in such city, it shall be lawful for the mayor and common council or other governing body in such city to authorize money to be borrowed for the purpose of purchasing land and the erection of suitable school buildings and providing such school buildings with suitable school appliances and conveniences and to secure the payment of the money borrowed as aforesaid by mortgage bearing annual interest at a per cent, not greater than the legal rate on the land purchased and the building or buildings to be erected thereon in pursuance of this act ; or if the city own suitable land, rendering a purchase of land un- necessary, on such land and the building or buildings to be erected thereon; and in case the title to lands on which public school buildings are now erected in any city is vested by law in a board of education or other body having control of the public schools in such city, such board of education or other body having the con- trol of public schools in such city, and not the mayor and common council or other governing body of such city, shall have the power to borrow money as aforesaid, and to secure the payment of the same by mortgage as aforesaid ; provided, that not more than one school build- ing, with the necessary appliances and conveniences, shall be authorized to be erected in any city in any one year in pursuance of the powers conferred by this act. M a or abfe g i e n t t en e ^80. Any mortgage to be given in pursuance of this fbkPj} 2 a t sna ll ^ e payable in less than ten years from the time of giving the same except at the option of the city, board of education, or other body giving the same, who are authorized to renew such mortgage ; and money to pay the annual interest accruing on any such mortgage shall be raised in the same manner as the money to pay the current expenses of the public schools is raised in any city in which the property on such mortgage shall be given is situate ; any money may be raised for a sinking Proviso. fund to pay such mortgage in the same manner; provided, SCHOOL LAW. 101 however, that nothing in this act shall be held to permit the authorities of any city in this state to exceed any limit of expenditures for such purposes now fixed by any city charter or any supplement thereto, nor to exceed the limit of indebtedness fixed by any such charter. 281. That the common council or other legislative Cities ma y bor - ; row money to body of any city of this state shall have power to borrow J^ef* 001 " any sum or sums of money, not exceeding in the aggre- ch^ P cx'kxv gate the sum of thirty thousand dollars, to be used for I the purchase of land and the erection, furnishing and fitting up of a building or buildings for public school purposes in said city ; and that the said common council or other legislative body of said city may secure the re- payment of the said sum or sums so borrowed, together with interest thereon at a rate not to exceed five per centum per annum, in such manner and upon such terms as to the said common council or other legislative body may seem proper, by the issuing of bonds in the issue bonds. corporate name of said city, to be signed by the mayor or other chief executive officer of said city and counter- signed by the city clerk or other person performing the duties of recording officer for the said common council or other legislative body, as the case may be, and sealed with the common seal of said city; provided, that in Proviso. cities having a board of education or other board having control of the public schools than the common council, the purchase of land, erection, furnishing and fitting up of a school house or school' houses with the money so borrowed shall be made in the same manner as hereto- fore provided by law for the city borrowing money by virtue of this act. 282. It shall and may be lawful for any city of the cities of the , , . , . _ . . second class second class in this state, from time to time, to purchase may issue bonds , . _ . , , to build school lands for school purposes and to erect school houses J, ou es l8 o thereon, and to raise the money required for such pur- g poses on the credit of the city by the sale of its bonds; 2 ' provided, that the total amount of outstanding and unpaid Proviso. bonds issued by any such city for school purposes, under any general, public, special or local law or laws whatever, 102 SCHOOL LAW. shall not at any one time exceed the sum of fifteen dol- lars for each child between five and eighteen years of age within such city, as shown by the last school census of such city. Rate of interest. 283. Said bonds shall bear interest at a rate not ex- Ibid. f. 2. ceeding five per centum per annum, shall not be sold below their par value, and shall be made payable in not more than twenty years. common council 284. Before any moneys shall be raised under the to authorize the * ibid 6 f 3 bonds ' provisions of this act, authority therefor shall be given by an ordinance of the common council, board of alder- men or other governing body of the city desiring to raise moneys for the purposes aforesaid, which shall distinctly specify and provide the ways and means of paying the principal of said bonds and the interest thereon, and also the time within which said principal shall be paid and when the interest thereon shall be paid. aties of the 285. Hereafter it shall be lawful for the common second class may issue bonds council, board of aldermen or other governing body of to reconstruct ^ p h L 0l i89i Ses ' anv c i tv * t ^ ie 8econ d c l ass i Q ti" 8 8tate i n which a chap, cx'cix, public school house shall be in a dilapidated, unsanitary, unsafe or unsatisfactory condition for school purposes, to purchase additional ground, either adjoining such school house or elsewhere, as may seem best for school purposes, and reconstruct such school house on a larger scale and with better and more modern appointments, at an expense not to exceed one hundred thousand dollars. ?eTd%oo! e * 286. For the purposes aforesaid, it shall be lawful for Ibid g2 said common council, board of aldermen or other gov- erning body to issue bonds of such city for the payment of such expenditure, not to exceed the said sum of one hundred thousand dollars, payable in not less than twenty years, at a rate not to exceed five per centum, pledging the faith and credit of subh city for the pay- ment thereof, which bonds shall be sold to the highest bidder, after having first advertised the same for sale in two newspapers of the county for at least two weeks. SCHOOL LAW. 103 TOWNSHIPS, TOWNS, BOROUGHS AND SPECIAL CHARTERS. 287. The inhabitants of any town or borough or any inhabitants of township having a special charter, or of any township wtoymships 1--I1 in t i -i ma Y incorporate. which has or hereafter may have a population exceed- P. L isas, ing six thousand inhabitants, may become a body politic cccxxv,? i. and corporate in fact and in law, -by the name and title of " the town of , in the county of ," whenever, at a special election, to be called for that purpose as hereafter provided, it may be so decided by a majority of the electors of said proposed town who shall vote at such special election. 288. The town and ward officers of the town shall be Board of educa - tion a town treasurer, * a board Ibid -9- of education, consisting of three members from each ward. 289. At the annual town election held under this act Election of mem. bers ot board of one member of the board of education for each ward ?" ca a tio ?- Ibid, g 1 6 shall be elected for one year, and one member for two years, and one member for three years ; and the electors voting at such election shall designate on their ballots the terms for which the several candidates for such offices shall hold ; and thereafter, annually, a member of the board of education shall be chosen for three years. 290. No person shall be eligible to any office under who are eligible this act unless he shall have resided in the town for the board of educa- period of at least one 'year, and no person shall be Ibid - in- eligible to any ward office unless he shall be an actual resident of the ward ; no person shall be eligible to any office unless he is a citizen of the United States. 291. IQ case any vacancy shall occur in the board of vacancy, HOW education, said board of education may fill such vacancy Ibid - 2 i8 - by appointment until the next town, election, when the vacancy shall be filled by the electors of the town ; provided, that if at any town election there shall be a Proviso. vacancy in any office to be filled, and at the same time an election for the full term of such office, the term for 104 SCHOOL LAW. which each person shall be voted for shall be designated on each ballot cast therefor. 292. The town treasurer shall receive, safely keep and iSd To disburse all moneys raised and received for public school purposes ; he shall keep separate accounts thereof and pay the same out only on warrant signed by the chairman and clerk of the board of education, and no warrant for any such purpose shall be drawn on the treasurer except in pursuance of an order or resolution passed at a stated meeting and entered in their minutes, and the provisions of the last preceding section of this act rela- tive to warrants on the treasurer by the town council shall apply to the warrants of the board of education ; and the said treasurer shall do and perform all acts and duties enjoined upon township collectors by the school laws of the state. council may a P - 293. The council shall have power to pass ordinances propnate money m A f * r X i appropriating and providing for raising by taxation moneys for the support of public schools. 294. All the property, real and personal, of the several SKa tTbe r school districts existing within the limits of any town, ibSTfte!* 1 township or borough, before its incorporation under this act, shall, upon such incorporation under this act, be- come and be held in its corporate name, and the several obligations, contracts and debts of said previously-exist- ing school districts shall be assumed by and shall become and be the obligations, contracts and debts of such in- corporated town ; and that the board of education shall possess and exercise all the powers and perform all the duties by law vested in or imposed upon the boards ol trustees of school districts; they shall annually organize by choosing a chairman and a clerk, and may establish schools and provide for their government ; they shall define and fix the duties and compensation of their clerk, who shall also perform all duties enjoined by law on district clerks, and of the principals, teachers and Proviso. janitors of public schools in the town ; provided, that no property shall be bought or building erected by the said board unless a majority of the voters of the town voting SCHOOL LAW. 105 at an annual town election shall have ordered an appro- priation for that purpose. 295. That in all municipalities where a consolidated school district has been formed from two or more indi- JIjJJj xx'xn vidual districts, by reason of the incorporation of such ? x - municipality, any subsequent division ot such munici- pality shall not create a division of said consolidated school district. 296. That for the better government and representation Districts, how of such consolidated districts, the original individual dis- Ibid - 2 - tricts of which such consolidated district is formed shall be known as sub-district number one, two, three, four, and so on, of school district number , of county, and that in such consolidated district the elec- tive members of the board of trustees or board of educa- tion shall consist of two members elected from each original individual district, whose term of office shall be equal in length to the number of original districts from which the consolidated district was formed, but Trustees to be elected from that both of said trustees from said sub-districts shall sub-districts. not be elected in one year. 297. That before the first annual election after the Term of trustees, passage of this act, the existing board of trustees or board of education of such consolidated district shall meet and so distribute the representation by trustees ; that at the coming annual election two trustees shall be elected to represent the sub-districts in which there may have been no trustees heretofore elected and shall so divide the time for which said trustees or members of the board of education shall be elected, that a portion of the board shall be elected each year, but no two from any sub-dis- trict shall be elected in any one year after the first elec- tion ; that notice of such distribution and the length of time for which said members shall be elected shall be published by the district clerk in his notice of the annual election of school trustees ; provided, that all trustees or members of the board of education now in office shall remain in office until the time for which they have been elected has expired. 106 SCHOOL LAW. 298 ' That this act sha11 take eftect immedia tely, but shall not apply to districts that are governed by the charters of any chartered municipality. 299. The board of township committee, or other legis- j> h L l88 5 us chap lative body of any township in this state, upon written :cxxi, g i. notice duly served upon them by the board of education, or other body having charge of the school affairs of such township, that in their judgment it is necessary to build an addition to any school house in said township, or to construct a new school house therein, in order to provide proper accommodation for the children of school age in said township, may proceed and cause said addition to said school house to be built, or may purchase lands and construct a new school house thereon, and shall furnish the same from time to time. Township bonds. 300. To raise the funds required for the purposes aforesaid, the said board of township committee or other legislative body of any township of this state, are hereby authorized and empowered to issue in the corporate name of such township, either coupon or registered bonds, bearing interest not exceeding six per centum per annum, payable semi-annually ; the principal of the whole number of bonds issued for any of the purposes aforesaid shall be payable in ten annual payments from the date of the issue thereof ; said bonds shall be signed by the president or chairman of said committee, and countersigned and registered where registered bonds are issued by the township clerk, and sold at public or pri- vate sale at not less than the par or face value thereof. Payment of 301. It shall be the duty of the said board of township ibid 3 . committee or other legislative body of any township of this state, to place in the annual tax levy of each year a sum sufficient to pay the interest and extinguish the principal of said bonds as the same shall become due and payable, and apply the same to the purposes of this act, and to no other purpose whatever. [Sections 299, 300 and 301 apply only to such townships as have township boards of education.] SCHOOL LAW. 107 302. Whenever in the school districts of this state, |* except school districts in cities and towns of five thous- and inhabitants and upwards, which said cities and towns have a common council, there may exist a board of edu- cation or trustees holding their charters by special act of the legislature and independent of any city charter, IJ~> the district clerk shall be secretary of the board, and in addition to the duties as laid down in sections thirty- five and thirty-six of the act to which this is a supple- ment, he shall conduct the correspondence of the board, keeping copies of such letters as he may write, in some suitable manner, and filing all such letters and papers as the board may direct at their stated meetings ; also, he shall notify the assessor of the amount of special tax to be assessed and collected in each and every year for the payment of the principal and interest of school bonds that may have been issued in such districts, also the amount of special tax to be assessed and collected to defray the incidental expenses of such schools during the year; and at the close of each year he shall present at the annual meeting for the appropriation of moneys for such district, a report of the general financial state of the district, the condition of the school property, the school work during the year, the requirements for the year to come, and such other matters as may be needful to an intelligent understanding of the present state or which is desirable for the future promotion of public education in the district ; and for such services he shall receive such compensation as the board of education may allow. 303. At the annual election of officers of such board a treasurer may be elected from the members of the board, who shall receive from the collector of the town- ship or townships in which such district is situated all moneys due said district, from whatever source, within ten days from the time when such moneys shall come into such collector's hands ; and said treasurer shall dis- burse the same in the way and manner provided in sec- [See sec . 162.] tion eighty-four of the act to which this is a supplement, 108 SCHOOL LAW. and, within ten days after his election, he shall give to give 8ucn bonds for the faithful discharge of his duty as shall be acceptable to the township committee of the township in which the school house is situated, for double the amount that may come into his hands during any one year, and every year at the annual meeting for the elec- ^ on * trustees he shall present an itemized statement of the receipts and the expenditures of the year then closing; which statement, in conjunction with the an- nual report of the secretary, shall be published in the newspaper printed nearest to said district, or in such other manner as may be deemed best for the public good ; and for his services he shall be entitled to receive the amount provided for the town collector for such [See sec. 162.] disbursements in section eighty- four of the act to which this is a supplement. 304. ^e e l ec ti n of trustees or members of such Lxxvi, 2 '? ap ' boards of education shall be held in each district on the Tuesday of the week following the annual town meeting in each and every year ; the terms of service of those then elected to begin immediately ; and the term of any trustee which would expire on the first Monday of July following such election shall expire on the Tuesday of the week following the annual town meeting ; and that five days' notice of said meeting for election of trustees shall be set up by the secretary in Proviso. five of the most prominent places of the district; pro- vided, however, that in all cases where the trustees of any district are elected at any municipal election, by virtue of any independent charter, the election for such trus- tees in such district shall be held in the manner and at the same time as heretofore, and the beginning and length of their terms of office shall remain as before the passage of this act. Term of office. 305. In all boards of education or trustees hereafter GCLxi 7 i,'4 ap ' elected, of which all the members are now elected annually, and to which this supplement applies, the principal of classification provided for trustees elected under the general school law shall govern, so that at SCHOOL LAW. 109 least two members of the board shall remain in office from each previous year. 306. Where the present number of trustees or mem- Number of i rustees . bers of the board of education of any district to which Ibid 2 5. this supplement is applicable may be such as to embar- rass a proper classification of the term of service of the members of the board, it shall be lawful for the legal voters of such district, by a majority vote at an annual meeting of the district, to make such change as may be desired in the number of trustees or members of the board of education ; provided, that by such change the Proviso. whole number shall not exceed six; and provided further, proviso. that public notice be given of such contemplated change by the district secretary in his notice for the annual meeting. 307. Each member elect of such boards of education, J/^* before entering upon the duties of his office, shall take Ibid - 2 6> the following oath or affirmation before some person duly authorized to administer an oath, to wit : " I, A. B., having been duly elected a member of the board of education of school district number C, D county, NQW Jersey, do solemnly swear (or affirm) that I will faith- fully execute the trust reposed in me as a member of said board. " Dated , A. D. . (Signed) ." 308. The provisions of this act shall not apply to Act not to apply . . . . to counties hav- boards of education in any city or borough of this state % ^ than . . . 25,000 inhabi- nor to any county in this state containing less than ^^ twenty-five thousand inhabitants. MISCELLANEOUS. 309. The board of education or board of school trus- Trustees author- . . ized to purchase tees in the several cities, towns, townships, boroughs, flags, village^ and school districts of this state be authorized ciSxvn f |i. to purchase a United States flag, flag-staff and the nec- essary appliances for displaying said flag upon or near the public building during school hours, and at such 110 SCHOOL LAW. other times as the board of education or the board of trustees as aforesaid may direct. cioo? ^* ^ 8 k a ^ be lawful for said board of education or board of trustees to pay for said flag, flag- staff and the erection and maintenance of the same out of any public school moneys subject to their order not otherwise appropriated. b?ordered x to may 311. It shall be lawful, where no surplus school money !Sd!tT flag i 8 available, for the legal voters of the several cities, towns, townships, boroughs, villages and school districts of this state, at any annual school meeting, to vote a special school tax to defray the expense incurred by the purchasing of said flag, flag-staff, appliances and erection; Proviso. provided, that notice of such special school tax and the amount proppsed to be assessed shall be included in the public school notice calling the annual meeting; and Proviso. provided^ that the amount voted for the above-mentioned purposes to be assessed shall not exceed fifty dollars, which sum shall be assessed and collected in the same manner as moneys for public school purposes are now raised by law. school officer 312. From and after the passage of this act any officer H L. 1882, chap, of public instruction of this state, being intrusted with the funds of any school board, and not directed by law to give security for the same, shall enter into such security as any school board under whom he may serve shall direct, before entering on the duties assigned to him by said board. Not more than 313. Hereafter there shall not be assessed upon any one poll tax to r / an ass e e ar ed in inhabitant of this state more than one poll tax in any L. L. 1 80 I . CuS-p. /"VT"i } T7OQ 1* CCLXXl,|i. One J ear - injury to school 314. Any person who shall enter the buildings or go property or dis . / r ^ o o p^fs^cha u P on the lands belonging to any public school district of this state, or used and occupied for school purposes by any public school im this state, and shall break, injure or deface such building, or any part thereof, or the fences or outhouses belonging to or connected with such building or lands, or shall disturb the exercises of such public school, or molest or give annoyance to the SCHOOL LAW. Ill children attending such school, or any teacher therein, shall be deemed and adjudged to be a disorderly person, and may be apprehended in the manner hereafter pre- scribed in this act, and taken before any justice of the peace of the county where such person may be appre- hended; and it shall be the duty of the said justice to commit such disorderly person, when convicted before him by the confession of the offender, or by the oath or affirmation of one or more witness or witnesses, to the county jail of such county, there to be kept at hard labor for any term not exceeding thirty days. 315. Any person who shall directly or indirectly give, or receive, or promise, contract or agree to give or re- ceive, any sum or sums of money, or any goods, chattels, gift, lands or real estate, or any other thing, bribe, present or reward whatsoever, for, or to obtain, or for giving out the printing of blanks, notices, advertise- ments, or any other printing, or for, or to obtain, or for giving out any other work or thing, connected with, or in or appertaining to, any office or department of this state, or any office or department in any county, city, town, township, borough or other place in this state, shall be guilty of a misdemeanor, and on conviction thereof shall, for every such offence, be liable 4o a fine not exceeding three hundred dollars, or suffer imprison- ment at hard labor not exceeding one year, or both, at the discretion of the court. 316. If any board of chosen freeholders or any town- ship committee, or any board of aldermen or commoa councilmen, or any board of education, or any board of ni gl - commissioners of any county, township, city, town or borough in this state, or any committee or member of any such board or commission, shall disburse, order or vote for the disbursment of public moneys, in excess of the appropriation respectively to any such board or com- mittee, or shall incur obligations in excess of the appro- priation and limit of expenditure provided by law for the purposes respectively of any such board or committee, the members thereof, and each member thereof thus dis- 112 SCHOOL LAW. Penalty for officers having an interest in furnishing supplies. P. L. 1876, Chap. CXXXIV,?i. Penalty for bribery. RL.I879. Chap. LXXIV,?i. Penalty for pub lie officer being concerned in any public contract. P. L. 1888, Chap. CCCXXVIII, I*. bursing, ordering or voting for the disbursement and expenditure of public moneys, or thus incurring obliga- tions in excess of the amount appropriated and limit of expenditure as now or hereafter appropriated and limited by law, shall be severally deemed guilty of malfeasance in office, and, on being thereof convicted, shall be pun- ished by fine not exceeding one thousand dollars, or im- prisonment at hard labor for any term not exceeding three years, or both, at the discretion of the court. 317. If any employee or person or persons having the control or management of any institution, the moneys for the support of which are drawn in whole or in part from the treasury of the state, shall be directly or indi- rectly interested in furnishing any goods, chattels, sup- plies or property of any kind whatsoever, to or for the use of any such institution, which may be in whole or in part supported by appropriations paid out of the treasury of the state, such person, officer or employee shall be deemed guilty of a misdemeanor, and, on con- viction thereof, shall be punished by a fine not exceed- ing one thousand dollars, or imprisonment at hard labor for any term not exceeding one year, or both, at the discretion of the court. 318. If any member of any state, county or city gov- ernment, or any member of any public board, associa- tion or commission, shall hereafter solicit or receive, either directly or indirectly, any money or valuable con- sideration for his vote in the appointment of any person or persons to any position in any department of any public body aforesaid, the person or persons so offend- ing shall be deemed and taken to be guilty of a misde- meanor, and on conviction thereof, be punished by fine or imprisonment, or both ; said fine not to exceed one thousand dollars, nor such imprisonment one year, and be forever thereafter debarred from holding any office of profit, trust or emolument in this state. 319. If any member of any board of chosen freeholders, or of any township committee, or of any board of alder- men or common councilmen, or any board of education SCHOOL LAW. 113 or school trustees in any city, or any board of commis- sioners of any county, township, city, town, borough or school district in this state, shall be directly or indirectly concerned* in any agreement or contract for the construc- tion of any bridge or building of any kind whatsoever, or any improvement whatever to be constructed or made for the public use or at the public expense, or shall be a party to any contract or agreement, either as principal or surety, between the county, township, city, town, borough or school district, as the case may be, and any other party, or shall be directly or indirectly interested in furnishing any goods, chattels, supplies or property of any kind whatsoever, to or for the county, township, city, town, borough or school district, the contract or agreement for which is made, or the expense or consid- eration of which is paid, by the board, council or com- mittee of which such member is a part, shall be deemed guilty of a misdemeanor, and, on being thereof convicted, shall be punished by fine not exceeding one thousand dollars, or imprisonment at hard labor for any term not exceeding three years, or both, at the discretion of the court. 320. All acts and parts of acts of a general character Repealer. on the subject of public schools, and of the normal S^L/. i -i i . . . ULjXXlA., g 82, school and its appropriations, passed before the twenty- first day of March,, one thousand eight hundred and sixty-seven, are hereby declared to be repealed. Rules and Regulations PRESCRIBED BY The State Board of Education. OCTOBER 13, 1891. RULES AND REGULATIONS FOR THE Government of School Officers, Prescribed by the State Board of Education in conformity with the act entitled "An Act to establish a system of Public Instruction 1 ' (Sec. 4, Clause 1). I.-GENERAL INSTRUCTIONS RELATING TO BOTH STATE AND COUNTY CERTIFICATES. 1. No person shall be employed as a teacher by any Board of Trustees unless he holds a regular teacher's certificate in full force and effect at the time that the engagement is made. Any person accepting a position as a teacher in any school in this State shall, before taking charge of such school, exhibit his or her cer- tificate to the County Superintendent of the county in which such school is situated ; and any contract entered into between any teacher and any Board of Trustees shall not be valid until the requirements of this rule are complied with. It shall be the duty of the County Superintendents to keep a record of such cer- tificates. 2. Any person desiring to obtain a position as a teacher in any school in this State between the dates of the regular examina- tions, and who is not in possession ofr a regular certificate in full force and effect, may obtain from the State or County Board of Examiners a provisional certificate, good until the next regular examination ; provided, that such provisional certificate shall not be renewed or extended. 3. No certificate shall be issued to a teacher whose average in any subject covered by the examination falls below 70. (117) 118 RULES AND REGULATIONS 4. All candidates are required to furnish testimonials as to their moral character, and as to the times and places in which they may have taught, and their success in teaching. Such testimonials shall be retained by the Board of Examiners, and form part of their permanent records. 5. Any certificate may be revoked for cause either by the Board which issued it or by the State Board of Examiners. Every such case shall be reported to the State Board of Educa- tion in writing. 6. Every Board of Examiners shall keep a full and correct list of all certificates issued, together with the names and addresses of the holders. Such list shall be transmitted to the State Superintendent within ten days after every examination, and shall be printed as part of the annual report of that officer. 7. In all examinations for teachers' certificates the diploma of a college in good standing shall be accepted in lieu of an exami- nation in the academic subjects prescribed. 8. The State Board of Examiners may endorse the diploma of any Normal School or Training College or the permanent certifi- cate issued by a State Superintendent or Board of Examiners of another State, when the course of study of such Normal School or Training College, or the requirements for such certificates, are, in the judgment of the State Board of Examiners, equivalent to those required for similar diplomas or certificates in this State ; and when so endorsed, such diploma or certificate shall have full force and effect as if issued in this State. 9. With the exception of Reading, Elocution, Music, School Gymnastics, Drawing and Manual Training, all examinations are to be conducted in writing. 10. A special average will be given for correctness in Orthog- raphy and Composition, and for neatness and order in the general appearance of the examination papers. Special credit marks will be given for ability to teach Elocution, Music, School Gymnastics, Drawing and Manual Training. 11. Any Board of Examiners shall accept from any applicant for a Second or First Grade County Certificate, or for any State Certificate, any certificate of any grade issued since April llth, 1889, in lieu of further examination in the academic subjects covered by said "certificate; provided, that the applicant shall FOR SCHOOL OFFICERS. have attained a general average of 85 per cent., and shall present satisfactory evidence of having been a teacher in good standing during the time subsequent to the granting of said certificate. 12. Applicants for employment as special teachers to give instruction in any subject not prescribed in the certificates granted by the State or County Boards of Examiners, may be examined by the Board of Examiners in euch subject, and when satisfied of the fitness of the applicant to teach any of the branches referred to, said Board of Examiners may issue a special certificate to said applicant. Such certificates shall remain in force three years, and shall be valid as licenses to teach the subject for which they are issued, within the jurisdiction of the Board of Examiners granting the certificates. II. COUNTY EXAMINATIONS. ^/ v 13. The County Superintendent, together with those persons whom he may appoint as County Examiners, shall hold four stated meetings during each year for the examination of teachers, in such places in the county as are most convenient of access to the teachers. The first examination shall be held on the first Saturday in February ; the second on the first Friday and Satur- day in May; the third on the first Friday ^and Saturday in August; and the fourth on the first Saturday in November; provided, that when any of these dates falls upon a legal holiday, the examination shall be postponed for one week. The February and November examinations shall be for Third Grade Certifi- cates only ; the August examination for Second and Third Grade Certificates; and the May examination for First and Second Grade Certificates. 14. The County Superintendent will issue certificates of three grades, to be known respectively as the First, Second and Third Grade County Certificates. No County Certificate issued after October 6th, 1891, shall be valid outside of the county in and for which it is issued. 15. Candidates for the Third Grade County Certificate are to be not less than eighteen years old^ No experience in teaching will be required. Applicants for a Third Grade Certificate will 120 RULES AKD REGULATIONS be examined in Orthography, Reading, Penmanship, Geography, Arithmetic, English Grammar, and the Theory and Practice of Teaching. The certificate will continue in force for one year from date, and will be valid as a license to teach in an ungraded school or in a primary school or department after October 6th, 1891. A Third Grade County Certificate shall not be issued to the same person more than twice. 16. Candidates for the Second Grade County Certificate are to be not less than nineteen years old, with an experience in teach- ing of not less than one year. The examination will be the same as that for the Third Grade Certificate, with the addition of English Composition, Physiology, the History of the United States and Book-keeping. The certificate will- continue in force for three years from date, and will be valid as a license to teach in any school or department not above the grade of a grammar school. 17. Candidates for the First Grade County Certificate are to be not less than twenty years old, with an experience in teaching of not less than two years. The examination will be the same as that for the Second Grade Certificate, with the addition of Algebra, Physics, History of Education, the Constitution of the United States and the School Law of New Jersey. The certifi- cate will remain in force for five years from date, and will be valid as a license to teach in any school or department in the county. A First Grade County Certificate may be renewed without a re-examination. 18. An ungraded school is defined as one in which but a single teacher is employed. A graded school is one in which more than a single teacher is employed, and which is divided into at least two departments. A primary school or department is defined as one having the first four years of the usual school curriculum, consisting of studies similar to those prescribed in the primary department of the State Model School. A grammar school or department is defined as one having the second four years of the usual school curriculum, consisting of studies similar to those prescribed in the grammar department of the State Model School. A high school is defined as a school the curri- culum of which includes more advanced instruction than that of a grammar school, as herein defined. FOR SCHOOL OFFICERS. 121 19. A new set of questions shall be prepared for each county examination under the direction of the State Superintendent of Public Instruction, and ten questions will be given in each study. No special examination shall be held unless the consent of the State Superintendent of Public Instruction has been first ob- tained, and no questions shall be used at any regular or special examination except those issued or approved by the State Super- intendent. County Superintendents, on granting certificates at special examinations, may grant them in the usual form ; or, if they deem it advisable, they may grant them to be good only until the next regular examination. 20. Upon each County Certificate shall be written the special average in each study gained by the holder, and his or her gen- eral average, each marked as a percentage upon the scale of 100. III. STATE EXAMINATIONS. 21. The State Board of Examiners [School Law, Sec. 88,] will grant certificates of three grades, to be called respectively First, Second and Third Grade State Certificates, the third or lowest grade ranking one degree above the highest grade issued by a County Board of Examiners. Two examinations for State Cer- tificates, and only two, shall be held each year, in the city of Trenton, begining on the first Thursdays of June and December respectively. These examinations shall be public, and the ques- tions used shall be approved formally by each member of the Board of Examiners. 22. Candidates for the Third Grade State Certificate are to be not less than twenty years old. No experience in teaching will be required. They will be examined in all the subjects required for a First Grade County Certificate, together with Psychology, Plane and Solid Geometry, Chemistry, Geology, Botany and Free-hand Drawing. The certificate will remain in force for seven years from date, and will be valid as a license to teach in any school in the State. It may be renewed without re-examina- tion. 28. Candidates for the Second Grade State Certificate are to be not less than twenty-one years of age, with an experience in 122 RULES AND REGULATIONS teaching of not less than two years. The examination will be the same as that required for a Third Grade State Certificate, together with the Philosophy of Education and the Principles of Manual Training and Physical Culture. The license will re- main in force for ten years from date, and will be valid as a license to teach in any school in the State. It may be renewed without re- examination. 24. Candidates for the First Grade State Certificate are to be not less than twenty-five years old, with an experience in teaching of not less than five years. Candidates will be required to present satisfactory evidence that their teaching has been in every way successful. The examination will be the same as that required for the Second Grade Certificate. The certificate, will remain in force during the life of the holder, unless revoked for cause [See Rule 5], and will be valid as a license to teach in any school in the State. 25. Graduates of the State Normal School who have completed the two years' course shall be entitled to a Third Grade State Certificate, and those who have completed the three years' course shall be entitled to a Second Grade State Certificate ; pro- vided, that five years after graduation from the State Normal School, any holder of a Second Grade State Certificate is enti- tled to have said certificate renewed for life, without examina- tion, by the State Board of Examiners, on presentation of satis- factory evidence to that Board that the holder has been continu- ously and successfully engaged in the profession of teaching during the five years next preceding the date of application. IV. COUNTY SUPERINTENDENTS. 26. It shall be the duty of each County Superintendent to visit the Schools in his county as often as may be necessary ; provided, that he shall visit every school under his jurisdiction at least once in each year; and provided further, that the total number of visits made during the' year shall equal at least twice the number of schools under his jurisdiction; the additional visits to be made to such districts as, in his judgment, most need his encour- agement and advice. FOR SCHOOL OFFICEES. 123 27. He shall note at such visits, in a book provided for the purpose, to be designated " The Superintendent's Visiting Book," the condition of the school buildings and out-houses, the appearance and correctness of the records kept in the School Registers, the efficiency of the teachers, the character, record and standing of the pupils, the methods of instruction, the branches taught, the text-books used, and the discipline, govern- ment and general condition of each school ; and from the notes thus taken he shall ascertain and report the relative grade of merit of each school. 28. He shall labor in every practicable way to elevate the standard of teaching and to improve the condition of the schools in his county ; shall give such directions in the science, art and methods of teaching as he may deem expedient, and shall be the official adviser and constant assistant of the school officers of his county. [School Law, Sec. 25.] 29. He shall distribute promptly all reports, forms, laws, cir- culars and instructions which he may receive from the State Superintendent or the State Board of Education, and in accord- ance with their directions. 30. He shall take care that the decisions ot the State Superin- tendent or of the State Board of Education, upon controversies relating to the school laws of the State, or to the rules and regu- lations prescribed by the State Board of Education, be complied with by the parties concerned ; and in case such decisions are not complied with, he shall inform the State Superintendent thereof, and state the circumstances connected therewith. [School Law, Sec. 42.] 31. He shall carefully preserve all reports of school officers and teachers, and all examination papers of teachers examined by the County Board of Examiners, and, generally, shall carry out the provisions of the law " Establishing a System of Public Instruction," and the rules and regulations prescribed by the State Board of Education, and at the close of his official term shall deliver to his successor all records, books, documents, papers and property belonging to the office. 32. ~No County Superintendent shall act as agent for any author, publisher or bookseller, nor directly or indirectly receive any gift, emolument or reward for his influence in recommend- 124 RULES AND REGULATIONS ing or procuring the use of any book, or school apparatus, or furniture of any kind whatever in any public school ; and any one who shall violate this provision shall be subject to removal from office. 33. He shall meet each Township Board of Trustees at least twice each year, which meetings shall be held at such times and places as he may appoint. [School Law, Sees. 48, 75.] 34. He shall ascertain from the Township Collectors, within five days after the annual town meetings, the amount of school tax ordered to be assessed in each township, and on or before the first day of May of each year, he shall apportion, according to law, to the several townships and school districts of his county, all the school moneys to which they are entitled for the following year, whether received by State appropriation or ordered to be assessed as township school tax. [School Law, Sec. 28.] 35. It shall be the duty of the District Clerk of any school district to deposit with the Township Collector, or other legal custodian, all moneys received by the Board of Trustees from tuition, loans, proceeds from the sale of bonds or other school property, or from any other source, and disburse the same only by orders upon the Collector of the township in which said school-house is located ; and in case of the refusal of a District Clerk to comply with the above, it shall be the duty of the County Superintendent to serve the Collector with a written notice forbidding him to honor any drafts against the State moneys until the provisions of this rule be complied with. [School Law, Sees. 58 and 29.] 36. Every County Superintendent shall encourage and assist in the organization and management of County Institutes, as the Committee on Education may direct, and be present at and pre- side over the same. 37. He shall inquire and ascertain whether the boundaries of the school districts in his county are definitely and plainly de- scribed, and shall keep in his office a full and correct map, show- ing such boundaries and the location of the various school-houses, a copy of which he shall furnish to the State Superintendent of Public Instruction. No changes in the boundaries of school dis- tricts shall be valid without the approval of the State Superin- tendent. FOR SCHOOL OFFICERS. 125 38. No changes in the boundaries of districts, in which district taxes have been ordered, shall be made between the times of ordering and assessing the same. 39. At the close of their official terms, or on the vacation of their office, by resignation or otherwise, should the same occur during the scholastic year, all County Superintendents shall report to the State Superintendent for the portion of the year that may have expired, as provided for in the 44th section of the School Law, with reference to their annual reports ; and no order shall be given for their last quarter's salary until such reports are re- ceived in a manner satisfactory to the State Superintendent. 40. That in case of the failure of any County Superintendent to make his report to the State Superintendent on the first day of September, as required by law, the State Superintendent shall not give to such County Superintendent any order for the pay- ment of salary for the quarter next succeeding such delinquency, except by special resolution of the State Board of Education for this purpose. 41. All teachers are required to attend the annual Institute held for the county in which they are teaching ; and no deduc- tion shall be made by Trustees from the salary of any teacher for the time he or she is in attendance- upon said Institute. 42. When it is within the knowledge of the State Superin- tendent that a County Superintendent is not attending to the duties of his office, he shall withhold from such County Super- intendent orders for his quarterly salary until the Board shall direct such orders to be drawn. 43. No allowance shall be made for office rent in the expenses of the County Superintendents. 44. Whenever there is a vacancy in the office of County Super- intendent, the State Superintendent is hereby authorized to ap- point a suitable person as County Superintendent pro tempore; said appointment to be approved by the President of the State Board of Education. DECISIONS BY STATE SUPERINTENDENT. Decisions by State Superintendent. No. 1. Compensation for Assessing and Collecting Special District School Taxes. Section 171 of the School Law allows Township Assessors and Collectors five cents per name for " assessing, levying and collect- ing district school taxes." There appears to be some misappre- hension as to the meaning of the words " district school taxes " in this section. The compensation provided is for assessing, levying and col- lecting the special school taxes ordered at district meetings. The com- pensation for assessing, levying and collecting all other moneys raised for school purposes is included in the amount allowed for assessing, levying and collecting the general township taxes. 2. School Census in Cities. The act of 1867 required the school census to be taken in all parts of the State between " August 1st and August 20th." The act of 1874 changed the time to " July 1st to July 20th," both acts limiting the Lime to twenty days. The act of 1880 applies to cities only, and fixes the time to " on or before June 1st," and the act of 1882 limits the time to " during the month of May," and is, therefore, not inconsistent with the act of 1880. Taking the act of 1880 literally and by itself, it might be held that the census can be taken at any time before June 1st, but taken in connection with the other acts I do not think it was the intention of the act to extend the time beyond a month. As such exten- sion, if permitted, might defeat the very object of the act, I am of opinion that the census must be taken in cities during the month of May. 8 (129) 130 DECISION'S BY STATE SUPERINTENDENT. No. 3. The State School Moneys Intended Only for the School Year beginning September 1st next after the Apportionment is made. As the amount of the State School Tax for any one year is determined by the number of children of school age as contained in the next preceding school census, and as the apportionment of the State school moneys is made upon the basis of the num- ber of such children in the respective school districts, it is the evident intention of the statute that these school moneys should be applied for the maintenance of the school during the school year beginning September 1st next after the apportionment is made. In the case of the Board of Education of Elizabeth vs. Patrick Sheridan, Collector, tried in the November Term of the Supreme Court in 1879, Justice Scudder held that the " School Taxes are to be levied and applied for the fiscal year beginning September 1st succeeding the assesments, and not for the preceding year." The same rule will prevent the application of these taxes to a succeeding year. In each year a large number of children pass beyond the school age, and a large number of children just enter it, so that each year has a school generation of its own. It is the generation of each year that is to be benefited by the school tax of that year, and not a future generation. No. 4. Compensation to Township Collectors. Under section 30 of the act of March llth, 1866, a Township Collector is entitled to receive twelve cents, and no more, for each name on his duplicate, for collecting all taxes, including state, county, township, school, poor, and all other taxes, except so far as this section has been modified by subsequent legislation. The school act of March 21st, 1867, authorizes district school taxes and township school taxes to be collected by the Township Collector, and it makes it the duty of the Township Collector " to receive and hold in trust all school moneys belonging to the township or to any of the districts thereof, whether received from DECISIONS BY STATE SUPERINTENDENT. 131 the State appropriation, from township or district tax, or from other sources, and to pay out the warne only on the orders of the District Clerks of the several districts of his township, * * * and as compensation for such service the Township Collector shall be entitled to receive three- fourths of one per centum on all school funds received and paid out by him for such purposes/' &c. This last clause has been frequently misinterpreted, and has led many Township Collectors into error. In the case of Demarest [collector] vs. New Barbadoes [town- ship], Judge Dixon, in his decision, said that while these taxes are to be collected by the Township Collector as other township taxes are, " it gives no fees for collection of them, but it does provide that the Township Collector shall receive and hold all school moneys, whether of township or district, whether from State, township or district tax or other source, and pay the same out only by an order of the District Clerk, and pay the balance to his successor on the order of the Township Committee ; and as compensation he shall have three-fourths of one per cent, on all school funds received and paid out by him for such purposes. * * * Here, then, is the compensation to the Township Col- lector not for collecting taxes for school purposes, but for receiv- ing, holding and paying out the moneys for such purposes." The court then goes into the question whether the Collector shall receive but one percentage, or shall receive three-fourths of one per cent, on the amount received and also three-fourths of one per cent, on the amount paid out for school purposes, and decides that the latter is the correct construction of the law. Continuing, he says : " The question, then, is, What funds does he receive and pay out for school purposes ? He collects, in this case, the district school tax. That, I think clearly, he receives for school pur- poses. The same thing is true of the township school tax. That, also, he receives for school purposes. As soon as it comes into his hands it is money devoted to that purpose. But that is not so true of the money he collects for the State. That he does not receive for school purposes. He receives that to pay into the State treasury. * * * Then he receives money from the County Collector. That money he receives for school purposes. 132 DECISIONS BY STATE SUPERINTENDENT. Just as soon as it reaches his hands it is devoted to school pur- poses. He holds it for that, and is to pay it out only for such purposes. Then the moneys that he pays on the orders of the District Clerks he pays for school purposes." On the ground that the legislature did not intend that the two percentages should be levied on the same sum, the court held that " Upon whatever balance he has received of his predecessor, he shall not be allowed the three-fourths per cent., and upon whatever balance he pays over to his successor he shall not be allowed the three-fourths per cent. The result, then, is that the three-fourths of one per cent, must be calculated upon the amount of district school tax that he collects, the amount of township school tax that he collects, the amount that he receives from the County Collector for school purposes, and the amount that he pays out on the orders of the District Clerks." On appeal to the Court of Errors and Appeals, tried in 1878, the court held that there was no error in the above ruling. The only legislation as to compensation subsequent to that on which the above decision rests, is found in the act of April 5th, 1875, which entitles Township Collectors to receive five cents on each name for collecting the district school tax ; and this appeared to me to be a compensation in addition to the three-fourths of one per cent., as the court distinctly held in the case referred to above that the three-fourths of one per cent, was not for collecting, but for receiving, holding and paying out the school moneys, and I so decided. In the more recent case of New Barbadoes Township vs. J. C. Van Horn, collector, tried in the Bergen Circuit Court, Decem- ber 13th, 1887, Justice Dixon decided : " That in view of the fact that the act of April 8th, 1875, giving the five cents for each name for collecting district school taxes, is a supplement to the school law, and in view of the fact that the collecting of district school taxes is the same thing as receiving district school taxes, and in view of the fact that this supplement of April 8th, 1875, declares that the collector shall receive five cents, and no more, for collecting district school taxes, I come to the conclusion that the receipts by him of the three-fourths of one per cent, on these sums is forbidden by the act of April 8th, 1875, and is unlawful." DECISIONS BY STATE SUPERINTENDENT. 133 The Township Collector, then, is entitled to the following com- pensation : Five cents per name for collecting a district school tax. Three-fourths of one per cent, for receiving and holding in trust the township school tax. Three-fourths of one per cent, for receiving and holding in- trust the portion of the State school tax or State fund paid to him by the County Collector. Three-fourths of one per cent, for all school moneys paid out on the orders of the District Clerks. No. 5. Official Acts of Trustees. For any act of a district clerk which requires the sanction of the school trustees, it is not sufficient -that the said trustees individually consent. The trustees of the school district are municipal officers. All of their official acts must be performed in their corporate capacity at a regularly convened meeting, of which all should have notice and in which all have opportunity to participate. No. 6. Suspension of Pupils. Section 80 of the School Law, so far as it xelates to the sus- pension of pupils, does not confer that power upon assistant teachers in graded schools. As such a COD struction would tend to interfere with the proper supervision of the school by the principal, I decide that, in a graded school which is under the general supervision of a principal, the section is restricted, in its application, to the principal, and does not give the right of suspending pupils to assistant teachers. No. 7. Salaries of City Superintendents not to be paid from the State School Moneys. As the State provides supervision by County Superintendents, who are not paid out of the State school moneys, and, as City Superintendents take their places, and do their work in cities, I 134 DECISIONS BY STATE SUPERINTENDENT. think that City Superintendents should not be paid out of the State school moneys. No. 8. Corporal Punishment. In the matter of corporal punishment the law is explicit, bat provides no penalty for its violation. It is the duty of school officers, however, to see that the law is enforced, and they have an undoubted right to remove a teacher who violates it. No. 9. Use of State School Moneys for Incidentals. On the question of the expenditure of the State school appro- priation the law is so explicit that but one interpretation can be given it, and this Department has no power to change or modify it. The statute says that " not more than twenty dollars annually of the school moneys received by any school district, except such as may be raised within the district, shall be used for any other purpose than the payment of teachers' salaries and for purchasing fuel" The penalty for a violation of this provision is a forfeiture of twice the amount used for other than these specified purposes, to be taken out of the next appropriation. No. 1O. School Year. There is but one school year recognized in the State School Law, and that is the year beginning September 1st, and the State school moneys can only be appropriated for that year. What- ever may be the financial year of the city, the money received from the State for school purposes must be devoted to the main- tenance of the schools during the year which begins Septem- ber 1st. No. 11. Proceedings in Bonding a District. 1. The notices calling a district meeting to authorize the trustees to issue district bonds must be ordered at a regularly DECISIONS BY STATE SUPERINTENDENT. 135 called meeting of the board of trustees. The trustees must decide for what purpose or purposes the district meeting shall be called. Full and accurate minutes of the meeting of the trustees must be kept. 2. The notice calling the district meeting must state all the purposes of said meeting, as decided upon at the meeting of the trustees, and must be posted not less than ten days, in at least three public places in the district, one of which must be the school house, if there be one. 3. The district meeting must decide the amount of money to be appropriated to each object for which money is ordered to be raised, and the total amount voted must not exceed the amount stated as thought to be necessary in the notices. A majority of the taxable voters of the district must be present and vote on any proposition for the condemnation of land. On all other questions a majority vote .of the legal voters present at the meeting is all that is required. The district meeting must decide the number of bonds to be issued, the denomination of the bonds, and the time or times of payment. All proceedings must be approved by the Attorney- General before the bonds are issued. One copy of each of the following papers must be sent to the Attorney- General and one copy to the State Superintendent, viz. : 1. Minutes of the meeting of the Board of Trustees at which the posting of the notice was ordered. 2. The notice calling the district meeting. 3. Minutes of the district meeting. These papers must be verified by an affidavit showing that they are true copies, and that the notices were posted according to law. . If the school meeting has yoted on any proposition for the condemnation of land, there must also be an affidavit showing that a majority of the taxable voters were present and voted thereon. On any question to raise money for any school purpose the vote must be taken by ballot. The minutes of the trustee meeting and the notice of the district meeting should be sworn to by the district clerk. The 136 DECISIONS BY STATE SUPERINTENDENT. minutes of the district meeting should be sworn to by the secre- tary of said meeting. No. 12. School Residence of Children. The State Constitution provides that " the Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in this State between the ages of five and eighteen years." It does not require that the children shall have a legal residence here, but be in this State. In obedience to the Constitution the Legislature enacted the present law. Section 86 of said law says : " It shall not be lawful to charge tuition fees for the support of public schools of this State," but that all. such schools shall be free to all persons over five and under eighteen years of age residing within the district," etc. The statutes define the legal residence of voters and of persons who are incapable of self-support and become a public charge, but the statutes nowhere define the legal residence of a child for school purposes. As the local tax that is collected by the State for the support of the schools has no relation whatever to the number of children in that locality, or to the amount of money appropriated by the State for the support of the schools of that locality, the question of taxes has no bearing upon the child's right to attend school. In the supplement of 1885, com- monly known as the child labor act, it is required that not only parents and guardians, but other persons " having control and charge " of children of school age, shall send them to school. Under this act a person may be punished by fine or imprison- ment for not sending a child to school even though said child may be only temporarily in charge of such person. I must decide, therefore, that the school law was enacted for the benefit of all the children in the State, and that children, to have the benefit of the law, must have the right to attend school wherever they are actually living at the time, without any regard to the legal residence of parents or guardians, or indeed to their existence. DECISIONS BY STATE SUPERINTENDENT. 137 No. 13. Collectors to Return to Districts the Exact Amounts Ordered to be Raised by District Tax. A School District may order to be raised, by District Tax, the exact amount required to enable it to fulfill its contracts and obligations. When the tax is collected, the Collector must place this sum to the credit of the District, or be held responsible for his failure to do so. No. 14. Fees of Assessors and Collectors Not to be Taken Out of the School Moneys. Assessors and Collectors are township officers and must be paid out of township moneys, provided for that purpose. Their fees cannot be taken from the school moneys, whether such school moneys are raised by tax or are derived from other sources. No. 15. "Who are Legal Custodians of the School Moneys. ^ Our School Law nowhere provides that District School Trus- tees or District Clerks shall have the custody of any school moneys belonging to the Districts. It is, on the contrary, clearly the intention of the law that such district officers shall not, in any case, have such moneys in their custody, but that the moneys shall be held by some one else, subject to their order, and that they shall be paid out by the custodian only on orders signed by the District Clerk and one other Trustee. The Township Collectors are made the custodians of all School moneys belonging to the Districts. ( School Law, Sec. 162.) Section 164 provides that when a District extends beyond the limits of a Township, the moneys of that District shall be held by the Collector of the Township within which the school house is situated. For this service of the Township Collector, the law provides a compensation in fees. 138 DECISIONS BY STATE SUPERINTENDENT. In cities, the City Treasurer is made the legal custodian of the School moneys (School Law, Sees. 28 and 161), but his compen- sation is determined by the city charter. No mention of Boroughs is made in the School Law, and so no direct provision is made for them, but we can easily apply the law to them. If no provisions are made in their charters con- trary to the provisions of the General School Law, then the latter will apply to them as to other Districts, and the Township Col- lector is the only legal custodian of their funds. If their charters specially provide for a Treasurer of the Borough, then he must act as Treasurer of the School District within the Borough, as does the treasurer of a city. In' all cases, whoever is custodian of the moneys of a township or city is the custodian of the moneys belonging to the School Districts within that township or city, and this rule applied to Boroughs, which partake of the character of cities, will make the custodian of the Borough funds the custodian of the fnnds of all the Districts having their school houses within the limits of the Borough. If his compensation is fixed by the Borough charter, he is entitled to no fees under the General School Law, but if his compensation is not fixed by the charter, he is entitled to the fees provided in the School Law for Township Collectors. No. 16. Incompatible Offices. There is no statute in this State that I know of, nor is there any decision that I can find, bearing upon the question as to whether a person may act as District Clerk and as Township Assessor at the same time. In giving an opinion, the only guide that I have is the Common Law principle that a person cannot hold two offices that are incompatible ; or, where the duties of the one interfere with or are inconsistent with the duties of the other. For instance, a person cannot be at the same time em- ployer and employee ; or, holding one office, take another where his duties will be to fix, or help to fix his own salary, or deter- mine his duties in his other office ; or hold two offices where one is designed as a check upon the other, or where the duties of the DECISIONS BY STATE SUPERINTENDENT. 139 one are such as to interfere with or prevent his performance of the duties of the other. Now, let us see whether the offices of District Clerk and Town- ship Assessor come within this principle. The duties of a Dis- trict Clerk are such that he need not neglect them to do the work of an assessor, and vice versa, neither office is intended to be, nor is it, in fact, a check upon the other. The only official busi- ness relation between the two officers is when the District Clerk .is required to certify to the Assessor the amount of money voted to be raised by district taxation. The only purpose of this notice is to give to the proper tax officer the necessary information. I cannot see that the duties of either office are incompatible with the duties of the other, and, therefore, my opinion is that one person can legally hold both. No. 17. School Holidays. No teacher shall be required to teach on January 1st, February 22d, May 30th, July 4th, the first Monday in September (Labor Day), Thanksgiving Day, December 25th, nor on any day on which a general election is held (an election for State officers) or any day set apart by proclamation of the Governor of this State, or the President of the United States, for the purpose of public observance, nor upon the Monday following when any of the above-named days falls on a Sunday. If any of the above days fall on a Saturday, it is not to be counted as a school day in making up the teacher's time or the school term. If it falls on a Sunday, the Monday following is to be counted as a school day, though no school be held. If it falls on any other day in the week, it is to be counted as a school day, as though the school had been held. Teachers cannot be required to make up any time lost by not teaching on any of the above days. No. 18. Collection of Delinquent Taxes. In case of a failure to collect a district school tax, the property liable for the tax may be sold and the tax recovered in the same manner as township taxes are recovered. 140 DECISIONS BY STATE SUPERINTENDENT. When a Collector sells property for the itixes in pursuance of a writ from the Township Committee, he shall retain the amount belonging to any School District and pay the balance of the pro- ceeds over to the Township Treasurer. If the Township purchases the property sold for taxes, it should pay over to the Township Collector the amount belonging to any School District, as any other purchaser would have to do. In no case should the Township Treasurer retain in his custody money belonging to the School Districts. He is only authorized to hold such moneys as are subject to the orders of the Township Com- mittee, and the proceeds of a School District tax are not subject to their order. Such a course is absolutely necessary to the carrying out of the School Law. The citizens of a School District are authorized by law to vote taxes for certain purposes. Having notified the Assessor of such vote, they may make their contracts for the year based upon the amount of tax voted. The duty of levying and collecting the tax rests with the Township, which is vested with ample powers. If the taxing officers fail to collect the tax voted, the powers of the incorporated School District are destroyed, and the duties which the law imposes upon its officers and people cannot be performed. The School Law is not perfect in itself in the matter of taxa- tion, because it does not provide for the collection of delinquent taxes ; for this purpose it relies on the general tax laws. But these are not perfect so far as relates to the schools, because they require the moneys received for delinquent taxes to be paid to the Town- ship Treasurer, and do not require that they shall be returned to or paid over to the Township Collector to be placed to the credit of the School Districts. But law never contemplates its own defeat, nor can it justify injustice or misapplication of money, and we cannot shield ourselves with one law while violating another. We must take the tax acts and the school acts together, and carry out the spirit as well as the letter of both. No. 19. Meetings for the Election of District Clerk. The School Law provides that school trustees shall meet for the election of a District Clerk within ten days of the annual DECISIONS BY STATE SUPERINTENDENT. 141 election of school trustees. Neither the time nor the place is definitely fixed. , The law is silent as to who shall call the meet- ing and fix the time and place. The trustees may do it them- selves at a previous meeting, or a majority of them may agree upon and sign a call to be duly sent to the minority. If this is not done by the trustees, or a majority of them, it is plainly the duty of the clerical officer of the district, viz., the District Clerk, to call such meeting, and name the time and place. BLANKS AND FORMS FOR SCHOOL OFFICERS. BUNKS AND FORMS FOR SCHOOL OFFICERS. The following Forms have been prepared for the use of all officers having duties to discharge under the School Law. Their use will secure uniformity and correctness in the transaction of financial and general school business. The- literal use of these Forms is in no case essential to the validity of a school instru- ment. Any Form may be used which clearly expresses the objects designed, or the intention of the parties interested, and conforms in all respects to the requirements of the law, but as those annexed have been prepared with strict reference to these necessary conditions, their use is recommended. The blank spaces are to be filled to meet the varying circumstances in each case. These Forms have been submitted to and approved by the State Board of Education. EDWIN O. CHAPMAN", State Superintendent of Public Instruction. Blanks and Forms. COUNTY SUPERINTENDENTS. Form No. 2c. REPORT OF THE AGES OF SCHOOL CHILDREN IN COUNTY, CENSUS OF 1891. To ,..., State Superintendent : I hereby report the ages of Children, according to the census of 1891 : Number between 5 and 6 years of age, 6 " 7 " . 7 u 8 << << 8 " 9 " " u 12 13 u lg t< 1^ ( t< 14 15 u u " " 15 " 16 " " u u ig u 17 u a a u u a u Total, Number of Children under 15 years of age employed in factories or stores, . Number of Children over 10 years of age unable to read, ^County Superintendent. N. B. County Superintendents should not include the cities in this report, as the City Superintendents report these statistics for their respective cities. (147) 148 BLANKS AND FORMS 2 1 REPORT OF THE CONDITION OF SCHOOL HOUSES IN COUNTY. CO .2 5 tJO p 13 M "p o 9 P CO o> CO 3 B 1 o OQ +j 'S 9 13 p .rH S s rH 1 .2 1C ^ 8-AiopuiM. paB aioop 1 1 3 O 'o 0> 3 -8 "S p ."s *c OQ 1 OQ 1 _0 i a co rH 1 On rH IS ^ rH jo raai8A*s A"UB aiaq^ sj ^aorjipuoo XIO^OBJST^BS 01 pauiB^uiBin saxas 0^4 aq;} joj sasnoq -;no a;BJBdas aiaqi aiy ' Townships, Cities and Boroughs.... CO O> S .i i .2 o 5 1 1 1 P 1 O S 6^ .* ^ i Book-keeping General Average SPECIAL CR] Mnsir, ... Drawing Elocution Gymnastics Manual Training. 1 0> fl 0) O ination papers . Has taught 00 M Q {z; H s I W w S g 1^ QQ COUN : : i : A : * g : ^ . "8 : on S rC3 * O 53 a ? s 154 BLANKS AND FORMS. g o O EH I CO w rt II Q 02 p o Q CO FOR SCHOOL OFFICERS. 155 IBJ9U9JC) 00 98BI9AB jo jo JO 00 soisXqj jo jo H 3 s s 3 o a w w s w H PM O a P5 O o a jo ni jo 156 BLANKS AND FORMS Form No. 24. REPORT OF TEACHERS' CERTIFICATES GRANTED IN ,. COUNTY, Number of First Grade granted to males, . . Number of First Grade granted to females, Number of Second Grade granted to males,. . Number of Second Grade granted to females, . Number of Third Grade granted to males, Number of Third Grade granted to females, . . Total number granted to males, . . . . Total number granted to females, . . Total number granted, ...... Number of male applicants rejected, . . Number of female applicants rejected, . . . Total number rejected, . . . . . . Number of Certificates revoked, . . . . Per cent, of rejections out of the whole number exam- ined, . , County Superintendent. This report is to be made to the State Superintendent as soon after the first of September as possible. Form No. 27. Notice of Institute. , N. J., , 18 The Teachers' Institute for County will be held at , commencing 18..., and closing 18.... , County Superintendent. RULE PRESCRIBED BY THE STATE BOARD OF EDUCATION. "All Teachers are required to attend the Annual Institute, held for the county in which they are teaching, and no deduction shall be made by Trustees from the salary of any Teacher for the time he or she is in attendance upon said Institute." FOR SCHOOL OFFICERS. 157 Form No. 28. Certificate of Teacher's Attendance at Institute. K J., ,18 To the Trustees of School District No : I hereby certify that has been in attendance at the Annual Institute of the County, just closed, days. , County Superintendent. Form No. 33. REPORT OF THE CONDITION OP SCHOOL LIBRARIES IN ......... COUNTY. NOTE. The Library year coincides with the State fiscal year, beginning November 1st and ending October 31st. II g I, ->_> 1 2-2 g books previously p II u F C3 GQ 0)73 s.* H >> <0 &c 3 la Form No. 34. Statement of Expenses. K J., ,18 To the State Board of Education : I herewith submit a statement, by items, of the expenses I have incurred in the performance of my official duties as County Superintendent of County, for the six months ending ,18 158 BLANKS AND FORMS OFFICE EXPENSES. Postage, Expressage, ....... Stationery, Printing, MISCELLANEOUS EXPENSES. EXPENSES INCURRED IN VISITING SCHOOLS. Week ending , visited Schools NOB Weekending , visited Schools Nos SUMMARY. Office expenses, . . . . . . . Miscellaneous expenses, . . . . . . Expenses incurred in visiting schools, . . . Total, Total number of districts in the County, Total number visited during the six months ending , 18 , STATE OF NEW JERSEY, ) COUNTY. J ' On this day of , 18 , before me personally appeared , County Superintendent of County, who, on his oath, saith that the within statement is true, and that, to the best of his knowledge and belief, he has, during the time for which this statement is made, faithfully performed all the duties imposed by the School Law and by the regulations of the State Board of Education. Sworn and subscibed before 1 me this day of , 18 / Form No. 53. Order on County Collector for the $1OO,OOO Appropriation. OFFICE OF COUNTY SUPERINTENDENT, \ ,N.J., ,18 / To the Collector of County: Pay to the order of the Collector of Township, foo Dollars, being the amount apportioned out of the State Appro- FOR SCHOOL OFFICERS. 159 priation of $100,000 for the support of Public Schools in said Township, for the School Year beginning September 1st, 18 $ , County Superintendent. Form No. 54. Order on the County Collector for the State School Tax. OFFICE OF COUNTY SUPERINTENDENT, ,KJ., ,18.... To the Collector of County: Pay to the order of the Collector of Township, ^Dollars, being the amount apportioned out of the State School Tax for the support of Public Schools in said Township, for the School Year beginning September 1st, 18 $ , , County Superintendent. Form No. 55. Order on the County Collector for the Interest of Surplus Revenue. OFFICE OF COUNTY SUPERINTENDENT, ,KJ, ,18.... To the Collector of County: Pay to the order of the Collector of Township, i^oDollars, being the amount apportioned out of the Interest of the Surplus Revenue for the support of Public Schools, for the School Year beginning September 1st, 18 $ , County Superintendent. Form No. 56. Order on County Collector for Balances. OFFICE OF COUNTY SUPERINTENDENT, "I ,KJ., ,18.... / To the Collector of County : Pay to the order of the Collector of Township, fooDollars, being the amount of Balance of the State appropri- 160 BLANKS AND FORMS. ation re-apportioned to districts ot said Township for the sup- port of Public Schools, for the School Year beginning September 1st, is: $ , County Superintendent. Form No. 57. Order on the County Collector for Examiner's Salary. No. OFFICE OF COUNTY SUPERINTENDENT, \ N.J., ,18 , / To the Collector of County: Pay to the order of .. , County Examiner, fooDollars, being the amount due him for services and traveling expenses at the , 18 , session of the Board of County Examiners. $ , County Superintendent. Form No. 8O. OFFICE OF COUNTY SUPERINTENDENT, N. J., 18 NDENT, \ DEAR SIR : There will be a meeting of the Township Board of Trustees of Township at , on , 18 , at o'clock. , County Superintendent. NOTE. The law requires that the Township Boards of Trustees shall meet semi-annually at such times and places as the County Superintendent may appoint. Form No. 81. Appointment to fill a Vacancy in a Board of Trustees. To : The office of one of the Trustees of School District No , in the County of , having become vacant through failure FOE SCHOOL OFFICERS. 161 of the District to elect according to law [or for any other reason], you are hereby appointed to fill such vacancy, until the next annual meeting for the election of Trustees in said District. Dated this day of , 18 , County Superintendent. Form No. 82. Appointment of a District Clerk. , To : The office of District Clerk of School District No , in the County of , being vacant through failure of the Trustees to elect according to law [or for any other reason], you are hereby appointed to fill such vacancy until the next annual meeting for the election of Trustees in said District. Dated this day of , 18 , County Superintendent. Form No. 83. Appointment of Trustees for a New District. To : Having, on the day of ,18 , formed a new School District, to be known as School District No , in the County of , comprising the following territory: [here insert the description of the District,] you are hereby appointed Trustee [and District Clerk, if such is the fact,"] for said District until the next annual meeting for the election of Trustees. I have appointed as your associates Messrs and Dated this day of ..., 18 , County Superintendent. NOTE. When two Districts are united they each become extinct and a new District is formed, and the Trustees of the extinct Districts cannot continue to act as Trustees of the new one, but an entire new Board must be appointed by the County Superintendent. 10 162 BLANKS AND FORMS Form No. 84. Bequest for District Clerk to Call a Special School Meeting for Establishing a Graded School. To , District Clerk of School District No , in the County of : x SIR You are hereby requested to call a special meeting of the legal voters of your District, on the day of ,18 , at o'clock in the noon, for the purpose of acting upon the question of uniting with Districts Nos and , etc*, in establishing and maintaining a Graded School in accord- ance with the provisions of Section 61 of the School Law. Dated this day of , 18 , County Superintendent. NOTE. The above request is only to be given when there is a known desire on the part of the inhabitants of the Districts thus notified to establish a Graded School. A separate meeting should be held in each District proposing to unite- Form No. 85. Order Organizing a Union School District for the Purpose of Establishing a Graded School. WHEREAS, Districts now known as School Districts Nos and , in the County of , did in accordance with the provisions of Section 61 of the School Law, agree to unite for the purpose of establishing and maintaining a Graded School, at public meetings called by order of the County Super- intendent, on the following days, to wit : School District No. on the day of , 18 , ; School District No. on the day of , 18 ; and School District No on the day of ..., 18 Therefore, it is hereby ordered and made known that said districts are united for the purposes set forth, to be known here- after by the name and title of .>... Given under my hand this day of , 18 , County Superintendent. NOTE. One copy of the above order must be furnished to each Board of Trustees of the United District, and one copy retained by the County Superin- tendent. FOR SCHOOL OFFICERS. 163 Form No. 86. Order Organizing a School District. It is hereby ordered and determined that the following shall hereafter be the boundaries of School District, to be known as District Number , in the County of , State of New Jersey : beginning at [here describe the boundaries]. Given under my hand this day of , 18 , County Superintendent. Approved this . day of , 18 .. .. , State Superintendent. NOTE. The above order should be made out in triplicate, one copy to be retained by the County Superintendent, in his office, one copy to be sent to the State Superintendent, and the other to be held by the Trustees. The State Board prescribes that a map of the Districts of the County shall be drawn by the County Superintendent, and sent to the State Superintendent, to be retained in his office. Form No. 87. Notice by County Superintendent to the District Oleiks of Districts to be affected by proposed District Changes. To , District Clerk of School District No , in the County of : You are hereby notified that I will be present at , on the day of , 18 , at o'clock in the noon, to decide upon certain proposed alterations of the boundaries of your School District. The attendance of your Board of Trustees is requested. Dated this day of , 18 , County Superintendent. Form No. 88. Notice to Township Collector, directing him to with- hold School Moneys from a Teacher. To the Township Collector of Township : SIR : You are hereby directed to withhold all further pay- ment of salary to , a teacher now employed in 164 BLANKS AND FORMS. School District No , situated in your Township, said Teacher not being in possession of a certificate [or not having kept the School Register], as is required by the School Law. Dated this day of , 18 , County Superintendent. Form No. 89. Notice to Township Collector, directing him to with- hold School Moneys from a District. To the Township Collector of Township : SIR : You are hereby directed to withhold [here state the amount in words] from the school moneys apportioned to School District No , situated in your Township, on account of said District [here state the reason why the money is withheld]. Dated this day of , 18 County Superintendent. NOTE. All moneys withheld must be re-apportioned the next year among all the Districts of the Township. Form No. 9O. Notice of Meeting for Examination of Teachers. Notice is hereby given that there will be a meeting of the County Board of Examiners of County, for the examin- ation of candidates for teachers' certificates at , on , the instant. Each applicant for a certificate should be present as early as o'clock A. M. /...., County Superintendent. ,18 Form No. 91. Notice to Teacher Revoking His Certificate. To : SIR : The certificate of qualification held by you as a Public School Teacher in the County of , issued on the day FOR SCHOOL OFFICERS. 165 of , 18 , is hereby revoked, for the reason that [here state reason why certificate is revoked.] Dated this day of 18 , County Superintendent. See Rule 5 of the State Board of Education. Form No. 92. Notice to District Clerk informing him of the Revo- cation of Teacher's Certificate. To ..., District Clerk of School District No , of the County of : SIR : You are hereby notified that on the ........ day of , 18 , I revoked the certificate of qualification held by ,, a teacher in your District, for the reason that, in my opinion, the said does not possess the requisite qualifications as a teacher in respect to [moral character, learning, or ability to teach, as the case may be]. Dated this day of , 18 , County Superintendent. i NOTE. When a teacher's certificate is revoked, a notice similar to the above should also be sent the Collector of the Township in which the Teacher has been engaged. Form No. 93. Notice to Township Collector of Apportionment of Balances. OFFICE OF COUNTY SUPERINTENDENT, ,KJ., ,18 To the Collector of Township: The amount of balances of the State Appropriation due to Districts of your Township, under the act of 1887, have been apportioned as follows : To District No $ u u , County Superintendent. 166 BLANKS AND FORMS Form No. 94. Notice to District Clerk of Apportionment of Balances. OFFICE OF COUNTY SUPERINTENDENT, \ , N. J., , 18 / , D. C., District No I have this day apportioned to your District, from the Balances of the State Appropriation, the sum of $ for the school year beginning September 1st, 18 , County Superintendent. Form No. 95. Certificate of County Superintendent Jn Appeals. OFFICE OF COUNTY SUPERINTENDENT, ,N.J., ,18 To , State Superintendent of Public Instruction : SIR : I transmit, herewith, a full and correct statement of the facts and the documentary evidence presented to me in the case of vs , together with my decision thereon, from which appeal has been taken to the State Department. I certify that the accompanying statement is correct to the best of my knowledge and belief. , County Superintendent for County. NOTE. The above certificate should be furnished by the County Superin- tendent in cases of appeal, when requested by the State Superintendent. Form No. 96. Form of Certificate Condemning a School House. This is to certify that I, the undersigned, have this day con- demned the public school-house in District No , in the County of , as being, in its present condition, unfit for use. Dated this day of , 18 , County Superintendent. NOTE. This certificate is held by the County Superintendent, and the school- house remains condemned until repaired or rebuilt. FOR SCHOOL OFFICERS. 167 FORMS FOR CITY SUPERINTENDENTS. Form No. 2b. REPORT OF THE AGES OF SCHOOL CHILDREN ENROLLED IN THE SCHOOLS OF CITY. To , State Superintendent : I hereby report the ages of children who have been in attend- ance at the Public Schools of City, for the School Year commencing September 1st, 1890, and ending August 31st, 1891. Number between 5 and 6 years of age, U tt 6 tt 7 tt tt tt 7 tt 8 U tt tl tt 8 tt 9. it tt tt tt 9 tt 10 tt tt tt tt 10 tt 11 tt tt tt tt 11 tt 12 tt tt tt tt 12 tt 13 tt tt tt tt 13 tt 14 tt tt tt tt 14 tt 15 tt It tt it 15 tt 16 tt tt tt tt 16 tt 17 tt tt tt tt 17 tt 18 tt tl Total, , City SuToerm This report should be sent to the State Superintendent at the close of the School Year. 168 BLANKS AND FORMS Form No. 2c. REPORT OF THE AGES OF SCHOOL CHILDREN ENROLLED IN THE SCHOOLS OF CITY. To State Superintendent: I hereby report the ages of children according to the census of 1891. * [Balance of report same as Form No. 2c, page 147.] This report should be sent to the State Superintendent at the close of the school year. Form No. 11. Condition of School-houses. This form is for reporting the condition of the school-houses in the city to the State Superintendent, and is the same as Form No. 10, page 148. This report should be sent to the State Superintendent at the close of the school year. Form No. 14. Condition of Schools. This form is for reporting the condition of the schools in the cities to the State Superintendent, and is the same as Form No. 13, on page 149. This report should be sent to the State Superintendent at the close of the school year. FOR SCHOOL OFFICERS. 169 Form No. 15. FINANCIAL REPORT CITY, INCLUDING ALL EXPENDITURES FOR EDUCATIONAL PURPOSES. CURRENT EXPENSES. Amount expended for Teachers' salary, . . . $ Amount expended for Superintendent's salary, . . , Amount expended for Janitors' fees, Amount expended for Clerk's and Treasurer's fees, Amount expended for fuel and light, Amount expended for incidentals, . . . Total current expenses, $, PERMANENT EXPENSES. Amount expended for building, including debt and interest, ...... $ Amount expended for repairs, Amount expended for furniture, . . Amount expended for apparatus, Amount expended for books and stationery, Amount expended for printing and advertising, Amount expended for taking census, . Total expense for building, etc., . . . $. Grand total, $. This report should be sent to the State Superintendent at the close of the school year. Form No. 15a. REPORT OF EVENING SCHOOLS CITY. Number of evenings the schools have been kept open, . Number enrolled, Average evening attendance, 170 BLANKS AND FORMS Number of teachers, . . . . . . Average salary per week to teachers, . . . . $ Total expenditure for evening schools, . . . $ , City Superintendent. This report should be sent to the State Superintendent at the close of the school year. Form No. 16. City Superintendent's Annual Report. 1. Amount due the city September 1st, 1890, from all sources, for teachers' salaries and fuel, . . $., 2 Amount due the city September 1st, 1890, from city Tax (or Appropriation) for building and repair- ing school-houses, including amount raised for payment of debt and interest, 3. Total amount due the city September 1st, 1890, . ., 4. Amount expended for teachers' salaries, . . 5. Amount expended for fuel, . . . . . 6. Amount expended for building or repairing (includ- ing debt and interest), 7. Amount expended for all other purposes, . . ,. 8. Total amount expended, . . . . . . 9. Amount of School Tax voted for the payment of teachers' salaries (exclusive of State School tax), 10. Amount of School Tax voted for building, pur- chasing, hiring, repairing or furnishing school- houses, .......... 11. Amount of School Tax ordered to be raised (exclu- sive of State School tax), . . . . . 12. Total value of school property in the city, . . 13. Whole ftumber of children between five and eigh- teen years of age residing in the city, . . 1 L Average number of months Schools have been kept open . .. 15. Whole number of different pupils between five and eighteen years of age enrolled in the Schools during the year, . . . . . . . .. FOR SCHOOL OFFICERS. 171 16. Number who have attended ten months or more during the year, . . . . . 17. Number who have attended eight months but less than ten, . . . . . . . 18. Number who have attended six months but less than eight, . . . . . . 19. Number who have attended four months but less than six, . . . . . . 20. Number who have attended less than four months, 21. Average number who have attended the Schools during the time they have been kept open, 22. Number of children in the city attending Private Schools, . . 23. Number of children in the city who have attended no School during the year, . 24. Total seating capacity, . . . . . 25. Number of Male Teachers employed, . . 26. Number of Female Teachers employed, . 27. Average salary per month paid to Male Teachers, 28. Average salary per month paid to Female Teachers, , City Superintendent. This report should be verified by affidavit and sent to the County Superin- tendent at the close of the School Year. Form No. 7O. School House Bond for use in Incorporated Cities. STATE OF NEW JERSEY. DISTRICT SCHOOL BOND. No $ School District No , County. Know all men by these presents, that , in the county of , which municipality is also designated and known as School District No , in the county of , is justly indebted unto " The Trustees for the Support of Public Schools 172 BLANKS AND FOKMS of the State of New Jersey" in the sum of dollars, lawful money of the United States of America, to be paid to the said " The Trustees for the Support of Public Schools of the State of New Jersey " on the day of , eighteen hundred and , at the Bank, at , with interest therefor from the date hereof, at the rate of five per centum per annum, payable annually on the day of in every year, at the Bank, at , on the presentation of the annexed coupons as they severally become due. This is one of a series of coupon bonds, amounting in the aggregate to the sum of dollars, numbered from to , both inclusive. And all of said bonds have been issued for money borrowed by the said for the pur- pose of building a school-house in said municipality or School District, pursuant to the statute entitled "A further supplement to an act entitled 'An act to establish a system of public instruc- tion ' (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four," which said supplement was approved May sixth, one thousand eight hundred and eighty- nine, and by and with the consent of the of said municipality lawfully given, on the day of in the year one thousand eight hundred and , said .. being the body having charge and control of the finances of said municipality; and this bond, by virtue of the provisions of said statute, is made a first lien upon the lot of land upon which the school-house which shall be erected with the proceeds of the sale of said bonds, and also a first lien upon said school-house and all other improvements, of whatever nature, that are now on or that may hereafter be placed on said lot. In witness whereof, on this day of , in the year one thousand eight hundred and ... , this bond is signed by the President and Secretary of the of said School District, and attested by the Secretary under the seal of the District. , President. , Secretary of the Board Attest: of of the , Secretary. FOR SCHOOL OFFICERS. 173 DISTRICT SCHOOL BOND COUPON. Interest warrant for dollars, payable at the Bank, at , New Jersey, to the Trustees for the Support of Public Schools of the State of New Jersey, ,18 , for twelve months' interest on Bond No Secretary. The within bond having been issued by and with the consent of the of the , the payment of the same is hereby guaranteed by In witness whereof, on this day of , in the year one thousand eight hundred and , the of said municipality have hereunto signed their names and affixed the corporate seal of said municipality. Attest : For forms for Application for State Aid to School Libraries, Appli- cation Jor Slate Aid for Manual Training, Application for Loan from State School Fund, and Eeport of School Debt see under heading " DISTRICT CLERKS." 174 BLANKS AND FORMS FORMS FOR DISTRICT CLERKS. Form No. 3. CENSUS OF SCHOOL DISTRICT OF , No , IN TOWNSHIP, COUNTY, STATE OF NEW JERSEY, FOR THE YEAR 1892. 1. Number of Children under 15 years of age employed in factories or stores. Indicate by X in Column 1 : 2. Number of Children in the District attending Private Schools. Indicate by X in Column 2 3. Number of Children that have attended no School during the year. Indicate by X in Column 3 4. Number of Children over ten years of age unable to read. Indi- cate by X in Column 4 INSTRUCTIONS TO THE DISTRICT CLERK. 1. Two of these blanks are furnished, each of which should .be carefully filled ; one is to be preserved for the use of the Trustees of the District, and the other to be sent to the County Superintendent on or before the tenth day of June. 2. The School Census here reported must be for the entire District, whether it is situated in one township or more. If the District is situated in two Counties, report must be made for the entire District, and sent to the County Superintendent of that County in which the fraction containing the school- house is situated. 3. The law requires that the School Census shall be taken during the month of May. 4. In taking the District Census the directions in Section 59 of the School Law should be carefully observed, so that no child will be enrolled in two Districts. No person who is 18 years of age on or before the 31st day of May of this year can be included in this census, nor can anyone be included who is not 5 years of age on or before the 31st of May, even if he lacks but a single day. 5. To ascertain the number of children attending private schools (item 2), the District Clerk, while taking the Census, should note all those who have attended such schools during the year. Those children who have attended both the public and private schools during the year are to be recorded only as attending the public school. 6. By a recent act of the Legislature, census takers are required to report whether children are vaccinated or not. Those who are not may be designated X in Column 5. 7. The totals in Columns 1, 2, 3 and 4 should be placed in the blank spaces at the head of this sheet. 8. This report cannot be accepted unless all the blanks are filled. EDWIN O. CHAPMAN, State Superintendent of Public Instruction. FOR SCHOOL OFFICERS. 175 NAMES AND AGES OF CHILDREN BETWEEN 5 AND 18 YEARS OF AGE, AND THE NAMES OF THEIR PARENTS OR GUARDIANS. PARENTS OR GUARDIANS. No. CHILDREN. OF THE UNIVERSITY AGE. 12345 STATE OF NEW JERSEY, \ COUNTY. j Before me personally came , Clerk of School District No. ..,..., who made oath (or affirmation) that, to the best of his knowledge and belief, the facts here reported are true, and that the children herein enumerated are between the ages prescribed in the law, and are not included in the census of any other District. Sworn and subscribed before me, this ) of , A.D. 1892. V Number of Children between 5 and 6 years of age, 6 it 7 tt 8 a tt 8 tt 9 tt tt 9 tt 10 tt tt 10 11 tt tt 11 tt 12 tt tt 12 tt 13 tt It 13 tt 14 tt tt 14 " 15 tt t. 15 a 16 tt tt 16 tt 17 tt tt 17 tt 18 tt Number of unsectarian private schools in the District having 25 pupils or more, . . . . Number of sectarian private schools in the District having 25 pupils or more, .... 176 BLANKS AND FORMS Form No. 3a. REPORT OF .......... CLERK OF SCHOOL DISTRICT OF , No. , IN TOWNSHIP, COUNTY, STATE OF NEW JERSEY, FOR THE YEAR ENDING AUGUST 31sT, 1892. FINANCIAL REPORT. SIR I herewith submit the Financial Report of School Dis- trict No , for the School year ending August 31st, 1892. RECEIPTS. Balance of State Funds, Surplus Revenue and Township Funds in hands of Collector, August 31st, 1891, $ Balance of District Tax for Teachers's salaries in hands of Collector, August 31st, 1891, Balance of District Tax for other purposes in hands of Collector, August 31st, 1891, Apportionment from State Appropriation of $100,000, Apportionment from State School Tax, Apportionment from Surplus Revenue, Apportionment from Township School Tax, . Amount of District Tax voted for Teachers' salaries, for year ending August 31st, 1892, Amount of District Tax voted for building and repair- ing, for year ending August 31st, 1892, . Total receipts, . . . EXPENDITURES. Amount expended for Teachers' wages, Amount expended for fuel, Amount expended for building and repairing school- house, . . . . . . Amount expended for incidentals, . Total expenditures . Balance of State Funds, Surplus Revenue and Town- ship Funds due the District, August 31st, 1892, . $, FOE SCHOOL OFFICERS. 177 Balance of District Tax for Teachers' salaries due the District, August 31st, 1892, Balance of District Tax for other purposes due the Dis- trict, August 31st, 1892, 1. Amount of District Tax voted to be used for pay- ment of Teachers' salaries from September 1st, 1892, to August 31st, 1893 (this must not include any moneys apportioned to the District by the County Superintendent), $ 2. Amount raised by special District Tax for building, purchasing, hiring, repairing or furnishing pub- lic school-houses, or incidentals, from September 1st, 1892, to August 31st, 1893, . . 3. Present value of school property, 4. Average number of months the schools have been kept open (twenty days constitute a month). (Use decimals), . . 5. Number of children between five and eighteen years of age enrolled in the School Register during the year, 6. Number who have attended ten months or more during the year, , 7. Number who have attended eight months, but less than ten, 8. Number who have attended six months, but less than eight, ........ 9. Number who have attended four months, but less than six, ......*., 10. Number who have attended less than four months, , 11. Average number who have attended school during the time it has been kept open, . , 12. Number of children the school-house will seat com- fortably, 13. Number of male Teachers employed, . . . , 14. Number of female Teachers employed, . . , 11 178 BLAKKS AKD FOEMS 15. Average salary per month paid to male Teachers, . $ 16. Average salary per month paid to female Teachers, $ , District Clerk. This report must be verified by affidavit and sent to the County Superinten- dent at the close of the School year. Form No. 6. REPORT OF THE TOWNSHIP COMMITTEE OF TOWNSHIP. I herewith submit the Financial Report of School District No. for the school year ending August 31st, 1892. [Balance of report same as the Financial Report in Form No. 3a. This report must be sent to the Township Committee by September 10th.'] Form No. 6a. Report of District Clerk to County Superintendent of the Amount of District School Tax ordered to be raised. To , County Superintendent of County: The legal voters of School District No , in the County of. , met at , a convenient public place within the District, on the day of , 18 , and notice thereof, setting forth the time, place and object of said meeting, specify- ing dollars as the amount of money thought necessary to be raised, was given by the District Clerk, and set up at three public places within the District ten days before the meeting, and the said legal voters, so met, by the consent of a majority of those present, authorized the Trustees of said District , and ordered, by a like vote, dollars for the purpose of , and dollars for the purpose of , amounting in all to dollars, which sum is not in excess of the amount thought to be necessary as set forth in the notices. Dated this day of , 18 . District Clerk. FOR SCHOOL OFFICERS. 179 STATE OF NEW JERSEY, 1 COUNTY OF ....... . j , being duly sworn, on his oath saith that he is the District Clerk of School District No , in the County of , and that the above statement is correct and true. Sworn and subscribed before me this day of ,18 Form No. Gab .Certificate of the amount of School Tax voted to be raised in a School District, to be delivered by the District Clerk to the Township Assessor. To , Assessor of Township, County, State of New Jersey : The legal voters of School District No , in the County of , met at ,a convenient public place within the District, on the day of , 18 , and notice thereof, setting forth the time, place and object of said meeting, and specifying dollars as the amount of money thought neces- sary to be raised, was given by the District Clerk, and set up at three public places within the District, ten days before the meet- ing; and the said legal voters, so met, by the consent of a majority of those present, authorized the Trustees of said District [to purchase land, etc., as the case may be"], and ordered by a like vote dollars for the purpose of [as purchasing land], and dollars for the purpose of [as building a school-house'], etc., amounting in all to dollars, which sum is not in excess of the amount thought to be necessary, as set forth in the notices, and you are therefore directed to assess the said sum of dollars on the inhabitants of said School District, and their estates, and the taxable property therein, pursuant to the statute in such case made and provided. Dated this day of ..., 18 , District Clerk. STATE OF NEW JERSEY, V COUNTY OF / , being duly sworn, on his oath saith that he is the District Clerk of School District No , in the County of 180 BLAKKS AOT) FORMS , and that the above statement by him is correct and true. Sworn and subscribed before me this ... day of , 18 NOTES TO FORM No. Gab. The certificate must state which of the object or objects specified in Section 169, for which the money is raised. 3 Vr. 444. If more than one object is specified, the amount of money apportioned to each must be stated. 7 Vr. 89. A district tax ordered for the purpose of " maintaining a school " is illegal. The express purpose for which the money is to be used must be stated and voted upon. The law requires that notice of the above action should also be sent to the County Superintendent. Form No. 25. Order on Township Collector for Teacher's Salary. No , K J., , 18 To , Township Collector for the Township of , County of , State of New Jersey: Pay to the order of , Teacher, ^Dollars, being the amount of salary due for teaching our Public School from ,18 , to ,18 ,Z>. C.) Trustees of , \ District No , , ) County of I hereby certify that , the Teacher in whose favor this order is drawn, is in possession of a Teacher's Certificate, in full force and effect, and that has properly kept the School Register, as required by law, and that I have certified thereto in said Eegister. , District Clerk. NOTE. Money raised by district tax can be used for such school purposes as are specified at the meeting at which the money is ordered. All other school money, except twenty dollars annually, which the law allows for incidental expenses, must be reserved for the payment of teacher's salary and fuel bills. Payments can only be made for the support of those schools that conform in all respects to the provisions of the School Law, and to those teachers only FOR SCHOOL OFFICERS. 181 who possess certificates in full force and effect, covering the time for which salary is demanded, and who have kept the School Register in the manner prescribed. The collector should invariably refuse to pay orders until he is satisfied that all these conditions have been complied with. Form No. 26. Order on Township Collector for District School Tax Raised for other purposes than the Payment of Teacher's Salary. To , Township Collector for the Township of , County of , State of New Jersey : Pay to the order of , TTTTr Dollars, for [here state for what the money is to be paid], out of the funds raised by District School Tax in our District, now in your hands. , D. (7.) Trustees of , \DistrictNo .., , J County of Form No. 29. Notice by District Clerk to County Superintendent of the Election of Trustees. To , County Superintendent: SIR : You are hereby notified that at the annual meeting in School District No , in the County of , held on the day of , 18 , , was elected Trustee in the place of , whose term had expired. The Board of Trustees now consists of Mr >... , whose term expires 18 " , " " " 18 " , " " " 18 The Trustees have elected Mr. District Clerk, whose post office address is , Secretary of School Meeting. NOTE. This notice should be sent to the County Superintendent as soon after the election as possible. It may be sent by the District Clerk or the Secretary. 182 BLANKS AND FORMS Form No. 3O . Application for State Aid to Establish a School Library. ......... ,K J., ......... ,18 ...... To the State Superintendent of Public Instruction : SIR : We, the undersigned, Trustees of School District No. ......... , of the Township of ............ , County of ............ , State of New Jersey, do hereby certify that there has been raised in our District, by subscription, [or entertainment, as the case may be,] the sum of ............ Dollars, for the purpose of establishing a School Library within our District, in accordance with the pro- visions of Section 190 of the revised School Law. And we, therefore, request you to send an order for the amount due us from the State in accordance with the further provisions of said act. Trustees. STATE OF NEW JERSEY, ) County. j s , Clerk of District No , in the County of , being duly sworn, on his oath saith that the within state- ment is true. Sworn and subscribed before me, this) day of , A. D. 18 V NOTE. The first appropriation is twenty dollars, and subsequent ones ten dollars. Form No. 31. Report of Purchases Made for School Library. , 18 To the State Superintendent of Public Instruction : I hereby report that the following purchases have been made for our School, with the amount raised in the District, and the appropriation received from the State. .District Clerk. N. B. This report must be made in order that the District may be entitled to future payments. It should give the names and prices of the several arti- cles purchased. FOR SCHOOL OFFICERS. 183 Form No. 52. Report of District Indebtedness. County, District No, Amount of debt September 1st, 1890, not including in- terest, . $ Amount of debt incurred since September 1st, 1890, . , Nature of security, ....... Date of issue, . . When payable, ........ To whom payable, Rate of interest, . . . Amount paid during year ending September 1st, 1891, not including interest, ...... Amount outstanding September 1st, 1891, not including interest, ......... I hereby certify that the foregoing is a correct statement of the interest-bearing indebtedness of District No , in the County of .District Clerk. This report should be sent to the County Superintendent not later than Sep- tember 10th. Form No. 58. Application for State Aid for Manual Training. To the State Superintendent ot Public Instruction : SIR : We hereby certify that for the school year beginning September 1st, 18 , there has been raised by in District No , in the County of , the sum of dollars, for the purpose of course of Manual Training pursued in the Schools of the District, and that said amount has been appro- priated for such purpose. This application is made in accordance with the provisions of the act of the Legislature of the State of New Jersey, entitled "An act for the promotion of manual training," approved Febru- 184 BLANKS AND FOEMS. ary 15th, 1888, and we do hereby make application for a State appropriation equal to the sum of money so raised and appro- priated as aforesaid. , Trustees. Attest : , District Clerk. Form No. 61. Report of Proceedings Authorizing the Issue of Bonds. MINUTES OF TRUSTEES' MEETING. Pursuant to notice given to each member, the Board of Trus- tees of School District No , in the County of , met at , on the day of , 18 , at o'clock,. in the There were present Messrs On motion of Mr it was resolved that the District Clerk is hereby directed to post notices calling a meeting of the legal voters of the district, said meeting to be held at , on the day of , at o'clock in the , and that in said notices he state the following items of business to be acted upon at said meeting : ., District Gterk. STATE OF NEW JERSEY, 1 COUNTY OF / , being duly sworn, on his oath saith that he is the District Clerk of School District No , in the County of , and that the foregoing is a true copy of the proceedings and resolutions adopted by the Trustees of said School District at a meeting held on the day of , 18 Sworn and subscribed before ^ me this day of > 18 J FOR SCHOOL OFFICERS. 185 NOTICE. Notice is hereby given to the legal voters of School District No. , in the County of , that a school meet- ing will be held at , on the day of , 18 , at .... o'clock in the , at which meeting will be sub- mitted the following propositions : The amount of money thought to be necessary for the fore- going is dollars. To authorize the Trustees to borrow the money ordered to be raised by issuing the bonds of the District. Dated , 18 , D. C.,) Trustees of V School District j No STATE OF NEW JERSEY, \ ss COUNTY OF / , being duly sworn, on his oath saith that he is the District Clerk of School District No , in the County of , and that he posted copies of a notice, of which the foregoing is a true copy, on the day of , 18 , in public places in said District, one of which was the school- house, and that the said notices were posted in all respects according to law. Sworn and subscribed before ^ me, this day of , > 18... I DISTRICT MEETING. The legal voters of School District No , in the County of , met at , on the day of , 18 , at ... o'clock in the , pursuant to legal notice, a copy of which notice is hereto appended. Mr. was elected Chairman and Mr Secretary of the meeting. The Sec- retary read the notice calling the meeting. 186 BLANKS AND FORMS The following resolutions were adopted : Resolved, That the Trustees be authorized to purchase, as a lot on which to build a school-house, the plot of land situated as follows : The cost of said land not to exceed the sum of dollars. The vote on this resolution was by ballot Ayes Nays Resolved, That the Trustees be authorized to erect and furnish a school-house on said plot of land, said school-house to be built of and to contain rooms, and to cost not more than dollars. The vote on this resolution was by ballot Ayes Nays Resolved, That for the purpose of securing the money needed to purchase said lot and to erect and furnish said school-house the sum of dollars be raised by issuing bonds of the Dis- trict, in the corporate name of the District, in the denomination of each. The vote on this resolution was by ballot Ayes , Nays Resolved, That one bond shall be issued for year , one for years, one for years, one for years. And that each year until the last bond is paid a tax shall be levied, according to law, on the property and the inhabitants of the District sufficient to pay the bond maturing, together with the accrued interest on those then outstanding. The vote on this resolution was by ballot Ayes Nays , Secretary. STATE OF NEW JERSEY, \ COUNTY OF / , being duly sworn, on his oath saith that he was the Secretary of the meeting of the legal voters of the School District No , in the County of , and that the foregoing is a FOR SCHOOL OFFICERS. 187 true copy of the proceedings and resolutions adopted at said meeting, and that all votes taken at said meeting were by ballot. Sworn and subscibed before ^ me, this day of , > 18 j Form No. 62. Application for Loan from State School Fund. To the Trustees for the Support of Public Schools for the State of New Jersey : The Trustees of School District No , in the County of , in the State of New Jersey, ask to borrow of the Trustees for the support of Public Schools the sum of dollars, for the purpose of purchasing land and building a school-house in the aforesaid District, and ofler as security for said loan the coupon bonds of said District to the amount at par of said loan. Said loan and bonds 'were authorized by the inhabitants of said District when met, upon due and legal notice, for that purpose, upon the day of , 18 The principal of said loan is to be paid in installments of dollars; the first installment to be paid on the day of , 18. ; the second installment to be paid on the day of , 18 with interest from date at the rate of five per centum per annum, according to the terms aforesaid ; principal and interest payable at the bank at , and the bonds hereby offered are of the denomination ot $ each, and are numbered from to , both inclusive. We submit herewith' a copy of the proceedings had at said meeting of said inhabitants, a copy of the minutes of the meet- ing of the Trustees of said District at which the posting of the notices calling said meeting of the inhabitants was ordered, a copy of the notices calling -said meeting duly verified by affidavit, 188 BLANKS AND FORMS and the approval of the Attorney-General as to the legality of said proceedings. Dated ...., N. J., , 18 ,"| Trustees of School District , V No. ....... in the County ,J of , New Jersey. Form No. 63. Directions for Bonding a District. 1. There must be a regulary-called meeting of the Trustees, of which meeting all the Trustees must have had notice. At that meeting the Trustees must decide on the amount of money thought to be necessary. If land is to be purchased, the Trus- tees must decide upon the site or sites they think suitable. They must also decide upon the time for holding the District Meeting, and the form of the resolutions to be inserted in the notices to be posted by the District Clerk. Full minutes of the meeting must be kept. 2. The District Clerk must post the notices ordered by the Trustees at least ten days before the date of the meeting of the legal voters : the day the notices are posted must not be counted in the ten days. The notices must state the time and place of the District Meeting, and all business that is to be acted upon. It must state if land is to be purchased, and, if so, must describe the plot or plots thought to be suitable by the Trustees. The Trustees may submit more than one site, if they think best, in which case all the plots must be described in the notices. The notices must also state the amount of money thought to be neces- sary. It is not necessary to divide the amount among the several objects in the notices. The notices must also state that the ques- tion of authorizing the Trustees to issue bonds will be submitted. Not less than three notices must be posted, one of which notices must be posted on the school-house, if there be one. 3. The district meeting must decide the amount of money to be raised, and also decide what portion of the money so ordered shall be used for the purchase of land, and what portion for build- FOR SCHOOL OFFICERS. 189 ing and furnishing the school-house. The aggregate amount ordered raised must not exceed the sum named in the notices. The District Meeting must also decide how many bonds shall be issued, the denomination of each bond, and the time of its pay- ment. It must also select a site from among those offered by the Trustees in the notices. The meeting may, however, reject all the sites offered. All votes in the District Meeting must be by ballot. Full minutes of the meeting must be kept. 4 Two copies of the minutes of the meeting of the Trustees, attested by the District Clerk ; two copies of the notices posted, attested by said Clerk, and two copies of the minutes of the Dis- trict Meeting, attested by the secretary of the meeting, must be sent to the State Superintendent, one copy to be approved by the Attorney-General, and the other to be filed in his office. When it is intended to borrow the money from the State School Fund, an application must accompany the copies of the proceedings sent to the State Superintendent. Blank Forms to be used for the copies of the proceedings to be sent to the State Superintendent may be obtained from the County Superintendent. In making reports, only such business as relates to the purchase of land, building the school-house and bonding the district need be inserted in the copies of the meetings of the Trustees and legal voters. In the blank for the report of the proceedings of the District Meeting, a resolution is inserted for the purchase of land ; when land is not ordered to be purchased, this resolution should be crossed out in making the report, also in the application for the loan from the State School Fund. 5. The approval of the Attorney-General must be secured be- fore bonds can be legally issued, whether the money is to be borrowed from the State School Fund or from private parties. 6. When district bonds have been issued, it is the duty of the District Clerk, when any bond is paid and canceled, to forward said canceled bond to the State Superintendent, to be filed as re- quired by law. 7. Blank bonds will be furnished by the State Superintendent. 190 BLANKS AND FORMS. Form No. 69. Bond to be Issued for Loan from School Fund. No. Bond of School District No. $.., County, N. J. Know all men by these presents, that " The Trustees of School District No , in the County of ," in the State of New Jersey, are justly indebted unto , or bearer, in the sum of dollars, lawful money of the United States of America, to be paid to the said or bearer, on the day of , 18 , at the Bank, , N. J., with interest therefor from the date hereof, at the rate of .... per cent, per annum, payable semi-annually, on the days of and in every year, at the bank aforesaid, on the presentation of the annexed coupons, as they severally become due. This is one of a series of coupon bonds of dollars each, issued by the Trustees of said School District, amounting in the aggregate to dollars, numbered from to , both inclusive ; and the said bonds are issued for money borrowed by said Trustees for the purpose of building a school house in said School District, pursuant to the statute entitled "An Act to Establish a System of Public Instruction," approved March 27th, 1874, and by the consent of the inhabitants of said District law- fully given, at a meeting lawfully held on , 18 In witness whereof, on the day of , in the year eighteen hundred and , this bond is signed by the Trustees of said District, and attested by the Clerk, under the seal of said District. , Attest: , District Clerk. Trustees. [Form of Coupon to be attached to the above Bond.'] School District No '., County of , N. J. SCHOOL HOUSE LOAN. Interest warrant for dollars, payable at the Bank, , N. J., to bearer, , for six months' interest on Bond No D. C. FOR SCHOOL OFFICERS. 191 Form No. 96. Notice for Annual Meeting for the Election of Trustees. Notice is hereby given to the legal voters of School District No , in the County of , that the annual school meeting for the election of School Trustees will be held at , on Tuesday, the day of , 18 , at o'clock M. Dated this day of , 18 , District Clerk. DATE. The above notice must be posted in three public places in the Dis- trict, one of which shall be at the school-house, at least ten days previous to the time of the meeting. The election must be held on the Tuesday of the week following the annual town meeting. Form No. 97. Notice for a Meeting of the District Board of Trustees. To T You are hereby notified that there will be a meeting of the Board of Trustees of School District No , on evening, ,18 , at o'clock, in the school- house. [Date], , District Clerk. Form No. 98. Notice for the Annual District Meeting tor Deter- mining -what District School Tax shall be Assessed. Notice is hereby given to the legal voters of School District No , in the County of , that the annual school- meeting will be held at , on the Tuesday of the week following town meeting, being the day of March (or 192 BLAKKS AND FORMS April), 18 , at o'clock in the noon, at which meeting will be submitted the question of voting a tax to maintain a free Public School the coming year [or to build a school-house, etc.~\ The amount thought to be necessary for this purpose is dollars. Dated this day of , 18... , District Clerk. NOTE. In the above notice must be particularly specified each item of busi- ness to be acted upon. For details, see Section 169 of the School Law. Form No. 99. Notice for a Special District Meeting for Determin- ing what District School Tax shall be Assessed. Notice is hereby given to the legal voters of School District No , in the county of , that a special school meeting will be held at , on the day of , 18 , at o'clock in the noon, at which meeting will be sub- mitted the question of ordering a District School Tax to [here particularly specify each item of business to be acted upon]. The amount thought to be necessary for this purpose is dollars. ,"| Trustees of , \School District J No, NOTE. The authority for calling a special school meeting is given in Clause XI of Section 66 of the School Law. For detailed directions, see Section 169. Form No. 1OO. Various Specifications of Business to be Transacted that may be Inserted in any Notice for District Meeting, as they may be needed. To authorize the Trustees to purchase land and to erect a school-house thereon ; To see if the District will take measures for the repair, alter- ation, enlarging or furnishing of the present school-house ; FOR SCHOOL OFFICERS. 193 To appoint a committee to prepare and report a plan for such erection or repair, with the probable expense of the same ; To raise money by district tax to defray the expenses of such erection, alteration or repair ; To authorize the Trustees to borrow money to defray the ex- penses of such erection, alteration or repair, and to provide for the payment of the same by ordering a district tax [or by bond- ing the District, as the case may be] ; To see if the District will vote a sufficient district tax to defray the expenses of maintaining a free School during the ensuing year, or during months of the ensuing year ; or the issu- ing of bonds ; To order a district tax for the payment of a debt of dollars, now resting upon the school-house property ; To order the sale of the present school-house property, and to decide what disposition shall be made of the proceeds ; To authorize the Trustees to condemn land for school purposes; To authorize the Trustees to renew outstanding bonds ; To do any other business within the scope of the foregoing propositions. Form No. 1O1. Order of Business at a District School Meeting-. 1. Choose a Chairman and Secretary. 2. Read the notice calling the meeting. 3. Report of District Clerk. 4. Transaction of the business for which the meeting was called, as set forth in the notices. 5. Miscellaneous business. 6. Adjournment. Form No. 64. Affidavit to Bills Presented to a Board of Trustees. STATE OF NEW JERSEY, COUNTY. , of full age, being duly sworn, on his oath saith that the goods or services itemized in the annexed bill have been 12 194 BLANKS AND FORMS delivered or rendered ; that no bonus has been given or received by any person or persons in connection with the same ; that the same is correct and true, and the amount therein stated is justly due and owing as set forth. Sworn and subscribed before me ") this day of ,18 V Form No. 1O2. Annual Report of Trustees of the District. To the Inhabitants of School District No : In obedience to the requirements of the School Law, we beg leave to present our annual report for the past School Year. {Here give the same report as Form No. 3a ; state what has been done by the Trustees during the year ; discuss school matters ; make sugges- tions, etc., etc."] All of which is respectfully submitted. ...-, ,D. C.,^ Trustees of V School District ) No Dated , 18 NOTE. The above report should be made at the annual school meeting for the election of Trustees. Form No. 1O3. Notice to County Superintendent of a Vacancy in Board of Trustees. To , County Superintendent: SIR : You are hereby notified that a vacancy now exists in the board of Trustees of School District No , in the County of , through [here state the cause of the vacancy'], which you are requested to fill by appointment. Dated this day of , 18 t . , District Clerk. FOR SCHOOL OFFICERS. 195 NOTE. The above notice should be sent to the County Superintendent as soon as the vacancy exists. If the office of District Cleik is vacant, the notice should be sent by one of the other Trustees. Form No. 1O4. Notice for a Special District Meeting for Consider- ing the Question of Establishing a Graded School. Notice is hereby given to the legal voters of School District No , in the County of , that a special school meet- ing will be held at , on the day of , 18 , at o'clock in the noon, for the purpose of consid- ering the question of uniting with Districts Nos and , etc., in establishing and maintaining a Graded School, in accord- ance with the provisions of Section 110 of the School Law. Dated this day of 18 .District Clerk. By order of , County Superintendent. NOTE. The above notice must be made conspicuous in several places, and posted ten days previous to the time of the meeting. The districts separately, in accordance with the provisions of Section 169, can vote for and cause to be assessed, a district tax for erecting the School building, or maintaining the School. Form No. 105. Notice to County Superintendent, giving the result of the action of a School Meeting called for the purpose of Estab- lishing a Graded School. To County Superintendent of County: SIR : At a meeting of the legal voters of School District No. , in the County of , held on the day of , 18 ., which was called pursuant to your order, the question of uniting with Districts !N"os and , for the purpose of establishing a Graded School, was decided in the ; voting in the affirmative, and in the negative. Dated this day of , 18 * , District Clerk. 196 BLANKS AND FORMS Form No. 1O6. Notice to be given by the Secretary of a District School Meeting, to the Officers-elect. To : You are hereby notified that at a meeting of School District N"o , in the County of , held on the day of , 18 , you were elected Trustee of said District. Dated this day of , 18 , Secretary of said Meeting. Form No. 1O7. Form of Contract Between District and Teacher. It is hereby agreed between " The Trustees of School District No , in the County of ," and , a qualified teacher, possessing a license in full force and effect, that the said is to teach the public school of said District for a term [here insert the time], for the sum of dollars per month, commencing on the day of , 18 , and for such services, properly rendered, the said Trustees are to pay the said ? monthly, the amount that may be due, according to this contract. Dated this day of , 18 ,"j Trustees of School District , > No , in the County J of , Teacher. NOTE. In case the Teacher is employed in a Graded School, the particular department for which he is engaged should be specified in the contract. Form No. 1O8 Form of a Lease. Know all men by these presents, that A. B., of the Township of , in the County of , in the State of N"ew Jersey, of the first part, for the consideration herein mentioned, does FOR SCHOOL OFFICERS. 197 hereby lease unto " The Trustees of School District No , in the County of .-..," in the State aforesaid, party of the second part, and their assigns, the following described parcel of land : \Here insert description of land.~\ Together with all the privileges and appurtenances thereunto be- longing : To have and to hold the same for and during tne term of years from the day of , A. D. 18 ; and the said party of the second part, for themselves and assigns, do covenant and agree to pay the said party of the first part, for said premises, the annual rent of dollars. In testimony whereof, the said parties have hereunto set their hands and seals, this , day of , 18 A. B., Lessor. C. D.,") Trustees of School District E. F., V No ,in the County of G. H.J 9 8tate of New Jersey. Form No. 1O9. Form of a Deed of a School-house Site. Know all men by these presents, that A. B. [and C. B., his wife, if married], in the Township of , in the County of , in the State of New Jersey, party of the first part, for and in con- sideration of the sum of dollars, to them in hand paid by "The Trustees of School District No , in the County of ," and State aforesaid, party of the second part, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey to the said party of the second part, and their assigns, the following described piece of land, namely : [Here insert descrip'ion of land.] Together with all the privileges and appurtenances thereunto belonging : To have and to hold the same to the said party of the second part and their assigns forever ; and the said party of the first part, for themselves, their heirs, executors and adminis- trators, do covenant, bargain and agree, to and with the said party of the second part, and their assigns, that at the time of the ensealing and delivery of these presents, they are well seized 198 BLANKS AND FORMS of the premises above conveyed, as of a good, sure, perfect, abso- lute and indefeasible estate of inheritance in the law in fee- simple, and that the said lands and premises are free from all incumbrances whatsoever ; and that the above bargained prem- ises, in the quiet and peaceable possession of the said party of the second part, and their assigns, against all and every person or persons lawfully claiming or to claim, the whole or any part thereof, the said party of the first part will forever warrant and defend. In witness whereof, the said A. B. and C. B., his wife, party of the first part, have hereunto set their hands and seals, this day of , A. D. 18 SIGNED, SEALED AND DELIVERED"! A. B. [SEAL.] IN PRESENCE OF > C. B. [SEAL.] E. F. j NOTE. Such deeds should be duly acknowledged before a judge, commissioner of deeds, master in chancery, or other officer authorized by law to take such acknowledgment, and recorded in the office of the County Clerk. The bond and mortgage given by the Trustees to secure payment of part of purchase- money may be in the usual forms, and for the execution of deeds, mortgages and bonds each District should have a corporate seal. Notes given for bor- rowed money should be in the name of the District and signed by all the Trustees as such. Form No. HO. Contract for Building a School-house. Contract made and entered into between A. B., of the County of , State of New Jersey, and "The Trustees of School District No , in the County of ," State of New Jersey. In consideration of the sum of one dollar in hand paid, the receipt whereof is hereby acknowledged, and of the further sum of dollars, to be paid as hereinafter specified, the said A. B. agrees to build a frame school-house and to furnish the materials therefor, according to the plan and specifications for the erection of said house hereto appended, at such point in said District as the said Trustees may designate. The said house is FOR SCHOOL OFFICERS. 199 to be built of the best material, in a substantial, workmanlike manner; and is to be completed and delivered to said Trustees, or their successors in office, free from any lien for work done or materials furnished, by the day of , 18 ; and in case the said house is not finished in the time herein specified, the said A. B. shall forfeit and pay to the said Trustees, or their successors in office, for the use of said District, the sum of dollars, and shall also be liable for all damages that may result to said District in consequence of such failure, and said Trustees may finish the building and charge the cost of the same to the said A. B. The said Trustees, or their successors in office, in behalf of said District, hereby agree to pay the said A. B. the sum of dollars when the foundation of said house is finished; and the further sum of dollars when the building is ready for the roof; and the remaining sum of dollars when the said house is finished and delivered, as herein stipulated. It is further agreed that this contract shall not be sub-let, transferred or assigned without the consent of both parties. Witness our hands this day of , 18 A. B., Contractor. C. D., E. F. and G. H., Trustees. NOTE. In building a school-house, it is all-important to secure a plan of the building, with full specifications as to its dimensions, style of architecture, number and size of the windows and doors, quality of the materials to be used ; what kind of roof; number of coats of paint; of what material the foundation shall be constructed ; its depth below, and its height above the surface of the ground ; the number and style of chimneys and flues ; the provisions for ven- tilation ; the number of coats of plastering, and style of finish, and all other items in detail that may be deemed necessary. The plan and specifications should be attached to the contract, and the whole filed with the District Clerk. Before the building is commenced, the contract should be filed in the office of the County Clerk to prevent liens. Form No. 111. Form of Note for Money Borrowed. ,K J., 18 .... days after date, " The Trustees of School District No. ,, in the County of ," in the State of New Jersey, 200 BLANKS AND FORMS promise to pay to , or order, dollars, with interest from the date hereof, at the rate of six per cent, per annum. This note is given for money borrowed by the said Trustees for the purpose of , pursuant to the statute entitled "An Act to Establish a System of Public Instruction," approved March 27th, 1874, and by the consent of the inhabitants of the said Dis- trict lawfully given, at a meeting lawfully held on , 18 Attest ., , District Clerk. Trustees. Form No. 112. Duties of District Clerk. 1. To prepare and post Notices for annual district meeting, [Form 98."\ Notices for special district meeting, [Form 99.] and Notices for Trustee election. [Form 96.] 2. To prepare and deliver notices for meetings of the Board of Trustees. [Form 97. ~] 3. To act as Secretary of the Board of Trustees. [Form 61.~] 4. To record, in a book provided for that purpose, all the pro- ceedings of trustee meetings and district meetings. [Form No. 61.~\ 5. To keep an account of the finances of the District in a manner similar to that shown in Form 113. 6. To pay out all moneys by issuing orders on the Township Collector. [Forms 25 and 26.~\ 7. To make a financial report To County Superintendent, [Form 3a.~] To Township Committee. [Form 6.~] 8. To make a report of the doings of the Trustees for the- year to the annual district meeting for the election of Trustees. [Form 102.] 9. To take the District census. [Form 3.~\ FOR SCHOOL OFFICERS. 201 10. To prepare and forward the annual report to the County Superintendent. 11. To notify County Superintendent and Township Assessor of the amount of district school tax ordered. [Forms 6a and Sab.'] 12. To notify County Superintendent of the election of Trus- tees. [Form 29.~\ 13. To attend the meetings of the " Township Board of Trus- tees " when convened by the County Superintendent. 14. To superintend repairs of buildings ; to buy fuel, crayons, and such other articles as the Trustees may direct. 15. To deliver to his successor ail records and papers belong- ing to the District. TEACHERS. Form No. 2. Graded Schools County Report. REPORT OF ATTENDANCE IN DISTRICT No , FOR THE YEAR COMMENCING SEPTEMBER IST, 1890, AND ENDING AUGUST 31ST, 1891. 1. Number of months the schools have been kept open during the year, . . . 2. Number of different children between five and eigh- teen years of age enrolled in the schools during the year, 3. Number who have attended ten months or more during the year, ...... 4. Number who have attended eight months, but less than ten, . . . . . . . 5. Number who have attended six months, but less than eight, ...... 6. Number who have attended four months, but less than six, ....... 7. Number who have attended less than four months, 202 BLANKS AND FORMS 8. Average number who have attended school during the time it has been kept open, .... 9. Number of children in the district attending private schools, 10. Number of children in the district who have at- tended no school during the year, 11. Number of children the school-house will seat com- fortably (where there are different buildings, report for each building separately), . AGES. Number between 5 and 6 years of age, " " 6 " 7 " " . 7 " 8 " " . . . 44 4< 8 " 9 " " . (4 44 Q 44 1Q 44 44 44 44 1Q 44 H 44 44 41 44 11 44 12 " U 44 12 13 44 44 lg 44 l^ (4 44 44 U 14 44 ^fj (4 44 " " 15 " 16 " " 44 44 ^Q (4 jy 44 44 44 44 l^ U Ig 44 Total, , Principal Teacher. NOTE. It will be observed that it is for the entire district, and that question No. 2 calls for the number of different pupils enrolled. Care must be taken that pupils promoted from one room or from one building to another are not counted twice. The aggregate of the numbers reported in answer to questions 3 to 7, inclusive, must equal the number reported in answer to question No. 2. This report is to be sent to the County Superintendent at the close of the School for the summer vacation. Form No. 2a. Graded Schools City Report. This report is the same as Form No. 2, except that items 1, 9 and 10 are omitted. It should be sent to the City Superintend- ent at the close of the school for the summer vacation. FOR SCHOOL OFFICERS. 203 Form No. 18. Directions given to Candidates for Certificates be- fore being Examined. 1. Write your name and the subject of the examination, dis- tinctly, at the top of each page. 2. You need not copy the questions upon the paper, but be careful to number each answer to correspond with the question. 3. If unable to answer any question, write its proper number, and opposite the same write, " I cannot answer." 4. In answering questions in Arithmetic, Algebra, etc., give the work as well as the answer. 5. After beginning a set of questions, do not leave the room without the permission of the examiner in charge, until that exercise is completed. 6. During the examination avoid all communications with other candidates, with visitors, or with any one else, except the examiners, whether by talking, signs, notes or otherwise. Any violation of this rule will cause your exercise to be rejected. 7. Referring to text books, or to written or printed abstracts, or memoranda of any kind connected with the subject of exam- ination, or having such book, abstract or memoranda in your desk or about your person, will cause your exercise to be rejected. 8. As soon as one exercise is finished, hand it to the examiner in attendance before beginning another. 9. Do not fold the paper containing your answers, and do not tear off any portion of the sheet that may remain after you have finished a set of questions, but leave the sheet whole, as the paper will be preserved. 10. A special average will be given for correctness in Ortho- graphy and Composition, and for legibility, order, neatness and general appearance of the examination papers. 11. Be careful to preserve this card of directions and questions. They will both be called for at the close of the examination. 204 BLANKS AND FORMS Form No. 32. Library Report. To , County Superintendent. I herewith report the condition of School Library in District No , County. Amount raised during the year for Library, . . Amount previously raised, . . . . . Amount received from the State during the year, Amount previously received from the State, . . Number of Books purchased during the year, . . Number of Books previously purchased, . . . Amount expended for Apparatus during the year, . Amount previously expended for Apparatus, . . Number of Books now constituting the Library, . Number of Books taken out during the year, . . , Teacher. NOTE. This Report must be sent to the County Superintendent on or be- fore the first of September. Form No. 71. Certificate that Child has Attended School. I hereby certify that I am principal of School No , District No. [No. and name of District], county of , and that [Name of child] is the [Son, daughter or ward] of [Name of parent or guardian] residing at [Street and city] ; that to the best of my knowledge and belief, said [Name of child] is years of age ; and said [Name of child] has attended school under my charge, five days a week, for weeks, during the year pre- ceding the date of this certificate. Dated 18 , Principal. FOR SCHOOL OFFICERS. 205 Form No. 113. Teacher's Report to the County Superintendent when Leaving a School before the end of the School Year. 4 Report of the Teacher of Public School , in District No. , in the County of , for the portion of the School Year commencing September 1st, 18 , and ending ,18 [The body of the Report same as JVo. 114>~\ To , County Superintendent for County: Being about to leave my present School, I respectfully present the above record and statements as my report for the expired portion of the present School Year, as required by the laws of this State ; which report I hereby certify has been carefully made out from the records contained in the School Register. , Teacher. NOTE. The law requires that a duplicate of the above report shall be made to the District Clerk. Form No. 114. Teacher's Report of the Suspension of a Pupil to the Trustees. To ..., District Clerk of School District No ...., of the County of : SIR : You are hereby notified that I have this day suspended from my school for \here state the cause for suspension.] Dated this day of ..., 18 , Teacher. NOTE. The School Law requires every suspension to be reported to the Trustees. 206 BLANKS AKD FORMS ! >> P p 5 I i d : S 8 -1 0> r-T rd CO < o d ll O rH ^ -s 2-1 a II JB9A" 9q; Saunp -X9 JO p9pa9dsns agjpjiqb ('001 raojj lOBiiqns puts ^l 'ON -1 FOE SCHOOL OFFICERS. 207 r_-i Is fc o Districts. ,K J. EXPENDITURI . In Whose For T Favor Drawn. Purp ; ; i : : : .LECTORS. >r's Account with ;he County of ... , M Salaries poses Salaries poses i 'salaries irposes 89 1 x o ^ CJ p 1 r* o>^ o ll ll : I]) { HI I ::::: !& a , us TOWNSH1 Form No. 7. Township C School District No RECEIPTS. nee of last year from State Appropriation rplus Revenue and Township School Tax.... nee of last year from District School Tax for T I ll ll ll ll ll Q*. Total Amount of Balance.... >unt received from State ii u u u ii ii " " Surplus Revenue " Township School Tax.... " District School Tax for T< " " " " ot Total Amount of Rfififtintfl... ;r 1 fC i & 1 xpended Balance from State Appropriation- rplus Revenue and Township School Tax.... xpended balance from District School Tax for 1 a? PQ a I o I s 77 Temporary loans in cities for, sections 269 and 270, 97 Temporary loans in cities, security for, sections 270 and 271, . . 97 Township Committee to build in certain cases, section 299, . . . 106 Use of for other purposes, section 66, division XII, 22 CERTIFICATES. Average required, rule 3 117 Branches required for county, rules 15, 16 and 17, 119,120 Branches required for State, rules 22, 23 and 24, 121, 122 College diploma accepted, rule 7, 118 Contract not valid unless teacher holds certificate, rule i, . . . . 117 County Superintendent, to be exhibited to, rule i, 117 County Superintendents to keep record of, rule i, . 117 County, where valid, section 89 and rules 15, 16, 17 and 18, 119, 120 Examinations for city, sections 11 and 90, 5, 31 Examinations for county, sections u and 89 and rules 3, 4, 7, 8, 9, 10, n, 12, 15, 16, 17, . 5, 29, 117, 118, 119, 120 Examinations for State, sections n and 88 and rules 3, 4, 7, 8, 9, 10, 11, 12, 21, 5, 29, 117, 118, 119, 121, 122 Examinations, county, times for holding, rule 13, 119 Examinations, State, times for holding, rule 21, 121 First grade county certificates, where valid, rule 15 119 Grammar schools, definition of, rule 1 8, 120 High schools, definition of, rule 18, 120 Normal graduates, certificates to v rule 25, 122 Primary schools, definition of, rule 18, 120 Provisional certificates, rule 2, 117 Questions, examination, rule 19, 121 Record, county superintendent to keep, rule i, 117 Revocation of county, section 22 and rule 5, 7, 118 Revocation of State, sections 22 and 88 and rule 5 7, 29, 118 Second grade county, where valid, rule 16, ............ 120 Special credit marks, rule 10, 118 220 INDEX. CERTIFICATES - Continued. Page . Special examinations, section 89 and rule 19, 29,121 Special teachers, certificates for, rule 12, . . . 119 State certificate from other States may be endorsed; rule 8, ... 118 State, where valid, section 88 a*id rules 22, 23 and 24, . . 29, 121, 122 Teachers required to hold, section 78 and rule i, 27, 117 Teachers required to exhibit certificates to county superintend- ents, rule i, 117 Third grade, where valid, rule 17, . 120 Temporary, rule 2, 117 Testimonials required, rule 4, 118 Ungraded schools, definition of, rule 18, 120 Validity of, sections 88 and 89 and rules 15, 16, 17, 18, 22, 23 and 24, 29, 119, 120, 121, 122 Written examinations, rule 9, 118 CHILDREN IN FACTORIES. (See, also, Compulsory Education.} Ages of children in factories, sections 199, 200, 236, 237 and 238, 69, 70, 86, 87 Certificate that child has attended school, sections 200 and 237, 70,87 Corporations, proceedings against, section 208, 73 Evening schools, section 207, 73 Fines, to whom paid, section 242, 89 Hou.sof, limiting the, section 238, 87 Inspector, appointment of, section 240, 88 Inspector, expenses of, section 241, 89 Inspector, salary of, section 240, 88 Penalty for violating act, section 239, 87 Temporary schools, section 206, 73 CITIES. Age of pupils, section 87, 29 Appropriations, for what 3^ear made, decision 3, 130 Appropriations to, withheld in certain cases, sections 14, 22 and 41, 5. 7, 15 Appropriations, modification of, section 256, 94 Appropriations, penalty for exceeding, section 316, . . . . . . . in Arbor Day, sections 196 and 197, 69 Assessment for payment of bonds, section 180, 63 Assessment of school tax in, sections 148 and 253, ...... 49, 93 Association of School Superintendents, section 45 14 Balance of school moneys to be returned to county, section 168, . 57 Boards of Education. (See Boards of Education) Boards of Examiners, section 90, 31 INDEX. 221 CITIES Continued. Page. Bonds, Attorney- General to approve proceedings authorizing, section 178, 63 Bonds, copy of x ^ceedings authorizing, to be filed with State Superintendent, section 178, 63 Bonds, custodians of L Vbool moneys to give, secHon 165, .... 56 Bonds for erecting school-houses, sections 175, 176, 258, 270, 271 and 272, 62, 63, 95, 97, 98 Bribery, penalty for, sections 315 and 318 111,112 Calendar year, State money may be used for, section 260, .... 95 Census reports to County Superintendents, section 248, 92 Census takers, appointment of, section 248, 92 Census, time of taking, section 248 and decision No. 2, ... 92, 129 City Superintendent, powers of, section 25, 8 City Superintendent, payment of salary of, decision No. 7, ... 133 City Superintendent, report of, sections 44 and 45, 14, 15 City Superintendent to prepare programmes for Arbor Day, sec- tion 197, 69 Colored children, right of, to attend any school, section 84, ... 28 Compensation for taking census, section 249 92 Condemn land, appeal to court, section 221, 80 Condemn land, award of commissioners, section 221, 80 Condemn land, commissioners to, section 220, *. 80 Condemn land, compensation of commissioners, section 223, . . 82 Condemn land, expenses, section 224, 82 Condemn land, notice to owners, section 221, 80 Condemn land, oath of commissioners, section 221 80 Condemn land, payment of award, section 221, . . 80 Condemn land, power to, section 220, 80 Condemn land, title to section 222, 82 Contagious diseases, persons exposed to, prohibited from attend- ing school, sections 61 ai'd 62, . ....... 19 Contagious diseases, schools may be closed in case of, section 60, 19 Contracts with teachers, section 79, 27 Corporal punishment, section 81 and decision No. 8, .... 27, 134 Current expenses, use of appropriation for, section 257, 94 Damages to school property, sections 83 and 314, 28,110 Disorderly conduct, disturbing school by, section 314 no Doors to open outwardly, sections 41 and 112, 14,38 Examinations, section ii and 90, 5,31 Expenditures, limit of, sections 250, 252 and 255, 93, 94 Fire escapes to school-houses, sections 112 and 1 15, 38,39 Fire extinguishers, to provide, section 114, 39 Flags for school-houses, sections 309, 310 and3ii, 109,110 Graded schools, reports of, section 77, 26 Holidays, section 79 and decision No. 17, 27, 139 222 INDEX. CITIES Continued. Pag e. Incidentals, amount allowed for, section 119 and decision No. 9, 39, 134 Incorporated city or town shall form but one School District, sec- tion 29, . '. 10 Indigent children, tax for education of, section 262, 95 Industrial schools, appropriations for, sections 229 and 233, . . 83, 85 Industrial schools, tax for, sections 229 and 233, 84, 85 Industrial school, trustees of, sections 230 and 235, . 84, 86 Limit of expenditure, sections 250, 252 and 255, . . . . . . . 93, 94 Loans for school houses, sections 175, 269, 272, 273, 275, 276, 282, 285, 62, 97, 98, 99, 101, 102 Manual training, appropriation for, section 295, ........ 82 Manual training, report of, section 226, 83 Manual training, course of study, section 225, 82 Mortgage school houses, sections 279 and 280 99, 100 Payment of school tax to, section 16 1, 54 Payment of State appropriation to, section 28, 9 Penalty for exceeding appropriations, sections 316, in Penalty for failure of City Superintendent to report, section 67, 23 Penalty for misuse of school moneys, section 121, 40 Penalty for failure to keep schools open nine months, section 14, 5 Penalty for failure to provide a suitable school house, section 41, 14 Penalty for violation of school law, sections 14, 22, 41 and 74, 5, 7, 14, 25 Plans for school houses, State Superintendent to prepare, section 23, - - 8 Presidents of Boards of Education, salary of, section 263, ... 96 Pupils, age of, section 87, 29 Religious services, section 126, 42 Residence of school children, decision No. 12 136 Reports of City Superintendents, sections 44 and 45, 14, 15 School houses, State Superintendents to prepare plans for, sec- tion 23, 8 School year, section 125 and decision No. 10, 41, 134 Special tax, may raise, section 169 58 State Association of School Superintendents, section 43, .... 14 State school moneys, apportioned for what year, decisions Nos. 3 and 10, 130, 134 Suitable school houses, penalty for failure to provide, section 41, 14 Superintendents in cities of the second class, section 264, ... 96 Supplies, officers not to be interested in furnishing, sections 316 and 319 in, 112 Supplies, purchase of, section 261, . . v 95 Tax for school purposes, may raise, section 169, 58 Tax for school purposes, may increase, sections 250 and 253, . . 93 INDEX. 223 CITIES Continued. p age . Tax for schools to be separate item in levy, section 170, .... 60 Technical schools, appropriations for, sections 227 and 233, . . 83, 85 Technical schools, tax for, sections 229 and 233, 84, 85 Technical schools, trustees of, sections 230 and 235, 84, 86 Temporary loans for current expenses, sections 258 and 259, . . 95 Temporary loans for school houses, sections 269, 272 and 275, . 97, 98 Temporary loans, security for, sections 277 and 278 99 Term, school, section 14, 5 Terms of office, sections 266 and 267, 96 Tuition fees, unlawful to charge, section 86, 29 Truant officer, section 203, , 71 Vaccination of school children, section 62, 19 Vote, penalty for accepting money for, sections. 316 and 318, in, 112 CITY SUPERINTENDENTS. Agricultural college, examinations for scholarships in, section 245, 90 Appointment of, in cities of the second class, section 264, ... 96 Arbor day, to prepare programme for, section 197, 69 Penalty for failure to report, section 67, 23 Powers of, section 25 8 Reports of, sections 44 and 45, 14, 15 Salary, payment of, decision No. 7, 133 State Association of School Superintendents, section 43, .... 14 Supplies, not to be interested in furnishing, sections 317 and 319, 112 COMPTROLLER, STATE. Abstract of tax, to give to County Collectors, section 148, ... 49 Agricultural college, appropriations for, sections 246 and 247, . 91, 92 Apportion tax for collection, section 148, 49 Apportionment of school moneys, abstract to be given to, sec- tion 13, . 5 Appropriations]' from school fund, to draw warrants for, sections 23, 130, 144, 145 and 146 8, 44, 48, 49 Expenses of State Board of Education, to draw warrants for, sec- tions 6 and 129, division IV, 4, 43 Expenses of State Superintendent, to draw warrants for, section 5, division V, and 129, division VIII, . 4, 43 Manual training, appropriations for, section 225, 82 Repairs to Normal School, to draw warrants for, sections 93 and 129, division III, 32, 43 State appropriation, orders drawn on, sections 13, 144 and 145, 5, 48 State school tax, orders drawn on, section 158, 53 State school tax, to draw warrants for, section 160, 54 224 INDEX. COMPTROLLER, STATE Continued. PagCt Technical schools, to draw warrants for payments to, sections 22 7> 83 Trustees of school fund, member of, section 126, 42 COMPULSORY EDUCATION. (See also Labor of Children.} Age of children in factories, sections 199, 200, 236, 237 and 238, 69, 70, 86, 87 Certificate that child has attended school the preceding year, sec- tion 237, 87 Compensation of truant officers, section 203, . 71 Corporations, proceedings against, section 208, 73 Evening schools, section 207, 73 Inoperative in certain cases, section 205, 73 Juvenile disorderly persons, who are, section 202, 70 Notice to be given by truant officers, section 204, 71 Penalty for violating act, sections 203, 204 and 239, 71, 87 Reform school, children sent to, section 204, 71 Temporary schools, section 206, I. 73 Time children must attend school, sections 198, 199 and 200, . 69, 70 Truant officers, appointment of, section 203, 71 Truant officers, compensation of, section 203, 71 Truant officers, duties of, sections 204 and 205, 71, 73 CONDEMNING LAND FOR SCHOOL-HOUSES. Appeal to Circuit Court, sections 213 and 217, 76, 79 Award of Commissioners to be filed, sections 211 and 214, . . 74, 77 Cities, proceedings in. (See Cities). Commissioners, appointment of, sections 211 and 214, .... 74, 77 Jury, trial by, section 218, 79 Notice of appointment of commissioners, sections 211 and 214, 74, 77 Notice to owners, section 2ii, . . . 74 Payment of award, sections 212 and 215, 76, 79 Power to provide land, sections 209 and 214, 74,77 Survey, power of trustees to, section 210, 74 Taxable residents to vote, section 209, 74 Title to vest in Trustees, section 216, 79 Vacancy in Board of Commissioners, how filled, section 211, . . 74 CORPORAL PUNISHMENT. Prohibited, section 81 and decision No. 8 27, 134 COUNTY COLLECTORS. Abstract of tax, to give to Assessors, section 148, 49 Apportionment of school moneys, abstract to be given to, sections 13 and 148, 5, 49 INDEX. 225 COUNTY COLLECTORS Continued. Pag e. Balances to be paid to, section 168, 57 Collection of tax, sections 147 and 157, 49, 52 County Superintendents' expenses, payment of, section 26, . . 9 County Superintendents' salary, to withhold, section 22, .... 7 District tax, not to be be paid to, section 172, 61 Examiners' fees, payment of, section 89, 29 Fourth class counties, payment of school tax in, section 157, . . 52 Orders for State appropriation drawn in favor of, sections 13 and 28, 5, 9 Orders for State school tax drawn in favor of, sections 158 and 160, 53, 54 Payment of tax to State Treasurer, sections 154 and 156, . . . 51, 52 Payment to township collectors, sections 157 and 161, .... 52, 54 Report to County Superintendent amount of balances received, section 168, 57 Third class counties, payment of school tax in, section 157, . . 52 COUNTY SUPERINTENDENTS. Affidavit, may take, section 27, 9 Agent for books, &c., shall not act as, rule 32, 123 Agricultural College, appoint students to, section 243, 89 Agricultural College, examinations for scholarships in, sections 243 and 245, 89, 90 Appeal by teacher in case of dismissal, section 82, 27 Appeal by teacher in case of pupil suspended, section 80, ... 27 Appeal from decision of, sections 16 and 42, 6, 14 Appeal from decision of, in boundaries of districts, section 29, . 10 Appoint district clerks, sections 40 and 57, 13, 18 Appoint meetings of township boards of trustees, section 51, . . 16 Appoint trustees, sections 35, 39 and 56, 12, 13, 17 Appointed by State Board of Education, sections 5 and 24, ... 4, 8 Appointed by State Superintendent, rule 44, 125 Apportion balances, section 168, 57 Apportion township tax, section 159 and rule 34, 53, 124 Apportion State appropriation, sections 28 and 159, and rule 34, 9, 53, 124 Apportion State school tax, section 159 and rule 34, 53, 124 Apportion surplus revenue, section 159 and rule 34, 53, 124 Apportionment, statement of to be given to certain persons, sec- tions 13 and 28, 5, 9 Appropriations to schools, to draw orders for, sections 28 and 161, 9, 54 Appropriations to be withheld in certain cases, sections 14, 22 and 41, 5, 7, 14 Arbor Day, to prepare programmes for, section 197, 69 Association of school superintendents, section 43, 114 Balances may be used for repairs in certain cases, section 168, . . 57 Balances, to re-apportion, section 168, 57 14 226 INDEX COUNTY SUPERINTENDENTS Continued. Pa ge . Blanks, to distribute, rule 29 123 Books, to prescribe, sections 66, division VI, and 83, 22, 28 Bribery, penalty for, sections 315 and 318, 111,112 Boundaries of districts, to fix, sections 29 and 30, and rules 37 and 38, 10, 124, 125 Census in new districts, section 30, 10 Census reports, sections 59 and 248, 59, 92 Census, to deduct one-fifth in certain cases, section 67, .... 23 Certificates, to keep record of, rules i and 6, 117,118 Certificates, revocation of, section 22 and rule 5, 7, 118 Certificates, to grant, sections 29 and 89, and rules 2, 12 15, 16 and 17, 10, 29, 117, 119, 120 Certificates to be exhibited to, rule i, 117 City to form but one district, section 29, 10 Condemn school houses, section in, 38 Course of study, to prescribe, sections 66, division VI, and 83, 22, 28 Decide disputes, sections 42 and 80, and rule 30, 14,. 27, 123 Distribute blanks, &c., rule 29, 123 District boundaries not to be changed in certain cases, section 29, 10 District tax, abstract of, to be given to, section 169, 58 * District Clerk, to appoint, sections 40 and 57, 13, 18 District Clerk, removal of, section 40, 13 Districts, changes in boundaries, appeal to State Superintendent, section 29, 10 Districts, .changes in boundaries not to be made while tax is pending, rule 38, 125 Districts, changes in boundaries to be approved by State Super- intendent, section 30 and rule 37, 10, 124 Districts to use money for incidentals, may authorize, section 119, 39 Districts, Census in new, sections 29 and 30, 10 Districts, fix and alter boundaries of, sections 29, 30 and 64, and rules 37 and 38, 10, 20, 124, 125 Examinations for Agricultural College, sections 243 and 245, . 89, 90 Examinations, regular, sections 29 and 89, and rules 7, 9, 10, n, 13, 14, 15, 16 and 17, , . . . 10, 29, 118, 119, 120 Examinations, may grant special, section 89 and rule 19, . . 29, 121 Examiners, to appoint, section 89, 29 Expenses, payment of, section 26 and rule 43, 9, 125 Graded schools, reports of, section 77, 26 Graded schools, to call meetings to establish, sections 29 and no, 10, 68 Incorporated City or Town shall form but one District, section 29, 10 Institutes, sections 5, division IV, 129, division VI, and 146, and rule 36, 4, 43, 49, 124 INDEX. 227 COUNTY SUPERINTENDENTS -Continued. Page. Institutes, may excuse teachers' attendance at, rule 41, .... 121 License teachers, section 29 10 Library for teachers, sections 194 and 195, 68 Map of District boundaries, rule 37, 124 Oath, power to administer, section 27, 9 Office rent, no allowance for, rule 43 125 Orders for examiner's salary, to draw, section 89, 29 Orders for school money, to draw, sections 28 and 161, .... 9, 54 Penalty for failure of district clerk or city superintendent to report to, section 67, 23 Penalty for failure to report, rules 40 and 42, 125 Penalty for acting as agent, &c., rule 32, . 123 Penalty for non-perf jrmance of duties, section 22, and rules 40 and 42, 7, 125 Plans of school houses, section 23 8 Preserve reports, &c., rule 31, 123 Provisional certificates, may issue, rule 2, . 117 Re-apportion money forfeited by District, section 121, 40 Record of certificates, to keep, rules i and 6, 117, 118 Record of condition of schools, to keep, rule 27, 123 Removal of District Clerk, section 40, 13 Removal for cause, section 24, 8 Report, annual, sections 44 and 45, and rule 40, 14, 15, 125 Report of Districts to, sections 58 and 66, division XI, . . . . 18, 23 Report of teachers to, section 77 26 Report to State Superintendent, at close of term, rule 39, .... 125 Report to State Superintendent of revocation of certificate, sec- tion 22 and rule 6, 7, 118 Salary, section 25, 8 School houses, plans of, section 23, 8 Special law, to be filed with certificate of abandonment of, sec- tion 123, 41 State Association of School Superintendents, section 43, .... 14 State Board of Education, appointment by, sections 5 and 24, . . 4, 8 Supervision of schools, section 25 and rule 28, 8,123 Teachers, appeal by, -sections 80 and 82, 27 Teachers' library, sections 194 and 195, 68 Teachers to report to, section 77, ' 26 Temporary certificates, may issue, rule 2, 117 Term of office, section 24, 8 Text-books, may prescribe, sections 66, division VI, 68 and 83, 22, 24, 28 Township Boards of Trustees, shall hold meetings of, sections 51 and 75, and rule 33, 16,25,124 Township Collectors report to, section 162, 55 228 INDEX. COUNTY SUPERINTENDENTS -Continued. p ags . Township tax, ascertain amount of, rule 34, 124 Trustees of new Districts, to appoint, sections 35, 39 and 56, 12, 13, 17 Trustees, to fill vacancy in Boards of, section 39, 13 Vacancy in office, how filled, rule 44 125 Visitation of schools, section 25 and rule 26, 8,122 Withhold school moneys from certain persons, sections 14 and 22, 5, 7 Withhold school moneys from JDistricts, sections 14, 22, 41 and in, and rule 35, 5,7,14,38,124 DEAF-MUTE SCHOOLS. Admission of pupils, section 104, 34 Age of pupils, section 106, 36 Apparatus, Trustees to purchase, section 104, 34 Appropriation for pupils, section 109, 37 Appropriations, Governor to approve, section 109, 37 Certificate required from pupils, section 104 ...... 34 Compensation of Treasurer, section 105, 35 Contract, supplies to be furnished by, section 108 36 Expenses, how paid, section 109 37 Fire escapes, sections 112 and 115, 3 8 . 39 Fire escapes, copy of act relating to, to be posted in building, section 113, 39 Governor, report of number of pupils to be made to, section 109, . 37 Governor to approve appropriations, section 109, .......... 37 Indigent pupils, admission of, sections 106 and 107, 36 Name of school, section 103, 34 Number of pupils, section 104, 34 Object of school, section 104 34 Pupils, admission of, sections 104, 106 and 107, 34, 36 Pupils, age of, section 106, 3 6 Pupils, appropriation for, section 109, 37 Pupils, certificate for, section 104, 34 Pupils, number of, section 104, 34 Pupils, qualifications of, section 104, 34 Pupils, report to Governor of number of, section 109, 37 Pupils, term of instruction, section 106, 3 6 Report to Governor of number of pupils, section 109, 37 School Fund, expenses to be paid from, section 109, 37 School, name of, section 103, 34 School, object of, section 104, 34 State Board of Education, trustees of school, section 3, 3 Superintendent of, section 104, . . 34 Superintendent to invite proposals for supplies, section 108, ... 36 INDEX 229 DEAF-MUTE SCHOOLS Continued. p age . Supplies to be furnished by contract, section 108, 36 Teachers, how appointed, section 104 34 Term of instruction, section 106, . . 36 Text-books, trustees to purchase, section 104 34 Treasurer of, section 104, 34 Treasurer, bond of, section 104, 34 Treasurer, compensation of, section 105, 35 Trustees of, section 3, 3 Trustees, powers of, section 104, 34 Trustees to appoint superintendent and teachers, section 104, . . 34 DISTRICT CLERK. Accounts, to keep, section 162, 55 Affidavit, authorized to take, section 73, 25 Appointed by County Superintendent, sections 40 and 57, . . 13,18 Appointed by Trustees, sections 36 and 57, and decision No. 19, 12, 18, 140 Apportionment of school moneys, abstract to be given to, sec- tion 28 9 Bonds to be attested by, sections 174 and 184, 61,65 Bonds to be coupon, section 181 64 Bonds, to draw warrants for payment of, sections 183 and 186, 64, 66 Bonds, proceeds of sale of, to be deposited with township col- lector, rule 35 124 Bribery, penalty for, sections 315 and 318 in, 112 Census report to County Superintendent, section 59, 18 Census, to take, section 59, 18 Census, to keep copy of, section 59, 18 Certify that register has been properly kept, section 76, 26 Compensation for taking census, section 59 18 Damages to school property, to collect, section 83, 28 District meeting to post notices for, section 46, 15 District tax, decisions 13 and 14, 137 District tax, to notify certain persons of, section 169 58 Election of trustees, to post notices of meeting for, sections 46, 49 and 55, 15, 16, 17 Financial account, to keep, section 58 18 Financial report to County Superintendent, section 58, 18 Financial report to District, section 58, . . 18 Financial report to Township Committee, section 58, 18 Five trustees, to post notices for election of, section 55, 17 Minutes of District Meetings, section 58, 18 Minutes of Trustee Meetings, section 58, 18 Notice of District Meetings, to post, sections 46, 47, 52, 55 and 169, 15, 16, 17, 58 230 INDEX DISTRICT CLERK Continued. :Page . Notices, penalty for failure to post, section 47 16 Notice of tax to be given to certain persons, section 169, .... 58 Orders, to issue, sections 58 and 162, and rule 35, .... 18, 55, 124 Penalty for failure to perform duties, sections 40 and 47, and rule 35, 13, 16, 124 Penalty for failure to post notices, section 47, 16 Penalty for failure to report, section 67, . . , . 23 Register, to certify to, section 76, 26 Repairs to school-house, section 63, 20 Removal of, section 40, 13 Report to County Superintendent, sections 45, 66, division XI, and 162, 15, 23, 55 Report of indebtedness of district, section 182, 64 Report to Township Committee, sections 45 and 162, .... 15, 55 Supplies for schools, to furnish, sections 63, 68 and 72, . . 20, 24, 25 Supplies, not to be interested in furnishing, sections 317 and 319, 112 Teacher to exhibit register, section 76, 26 Text books, to collect damages for injury to, section 68, .... 24 Text-books, may provide, section 68, 24 Text-books, tax for, section 69, 24 Tuition fees to be deposited with township collector, rule 35, . . 124 Vacancy, how filled, sections 40 and 57, 13, 18 Vaccination, to record all children in need of, section 62, .... 19 Vote, penalty for accepting money for, sections 315 and 318, . in, 112 Withhold salary from teacher, section 76, 26 DISTRICT SCHOOLS. (See also Buildings and School Trustees.) Age of pupils, section 87, 29 Appointment of trustees, sections 35 and 39, 12, 13 Appropriations, for what year made, Decision No. 3, 130 Appropriations to be withheld in certain cases, sections 14 and 26, . . . . , . . 5, 7 Balances to be returned to county, section 168, 57 Balances may be used for repairs in certain cases, section 168, . 57 Ballot, vote to be by, sections 50 and 173, 16, 61 Bonds, assessment for payment of, section 183, * . 64 Bonds, Attorney-General to approve proceedings authorizing, sec- tions 178, 181 and 185, 63, 64, 66 Bonds a lien upon entire District, sections 181 and 185 . ... 64, 66 Bonds authorized, section 174 and decision No. n, 69, 134 Bonds, proceeds of sale of, to be deposited with township col- lector, rule 35, 124 Bonds, renewal of, sections 184 and 185, 65, 66 Borrow money to pay teachers' salaries, section 120, 40 Boundaries, appeal to State Superintendent to fix, section 29, . . 10 INDEX 281 DISTRICT SCHOOLS -Continued. p age . Boundaries, how fixed, sections 29, 30, 64, and rule 37, . . 10, 20, 124 Boundaries, while tax is pending, change of, rule 38, 125 Buildings, how provided, sections 66, division III, in and 169, ' 22, 38, 58 Buildings to be suitable, sections 41 and in, . 14, 38 Census in new districts, section 30, 10 Census, when taken, sections 59 and 67, 18, 23 Clerk, appointed by County Superintendent, sections 40 and 57, 13, 18 Clerk, appointed by Trustees, sections 36 and 57, and decision No. 19, 12, 18, 140 Colored children, right to attend school, sections 84 and 85, 28 Condemn land for, section 209, 74 Consolidated districts, sections 31, 32, 33, 34, 35, 36, 37, 38, 295, 296 and 297, n, 12, 13, 105 Consolidated districts, property and debts of, sections 32 and 38, ii, 13 Consolidation of districts, sections 31 and 295, 11,105 Contagious diseases, not to attend school, persons exposed to, sections 60, 61 and 62, 19 Contract with teacher, section 79, 27' Corporate name, section 64, 20 Corporal punishment, section 81 and decision No. 8 27, 134 County Superintendent to visit, rule 26, 122 Course of study, section 66, division VI, 22 Custodian of funds of, sections 162, 168, 233 and 303, and rule 35, 55, 56, 57, 85, 124 Damages to school property, sections 83 and 3 14, 28,110 Dismissal of teacher, section 82, 27 Disorderly conduct, disturbing schools by, section 314 no .Doors to open outwardly, sections 41 and 112, 14,38 Election of trustees, sections 46, 48, 49, 50,- 52, 53, 54 and 56, 15, 16, 17 Executions against, sections 65, 20 Fire escapes, sections 112, 113 and 115, 38,39 Fire extinguishers, to provide, sections 114, 39 Five trustees, in certain cases may have, section 53, 17 Flags for school houses, sections 309, 310 and 311, 109, no Fractional districts, sections 65, 159 and 164, 20, 52, 56 Holidays, section 79, and decision No. 17, 27, 139 Incidentals, amount of, section 119 and decision No. 9, . . . . . 39, 134 Incidentals, orders for, to draw interest in certain cases, section 163, 56 Incorporated City or Town, but one district, section 29, 10 Indebtedness to be reported to State Superintendent, section 182, 64 Industrial schools, appropriation for, sections 227 and 233, . . 83, 85 232 INDEX DISTRICT SCHCK>I~C0*/t*ttttf. Page Insurance on, section 66, division IV, 22 Libraries, sections 190, 191, 192 and 193, 67, 68 Manual training in, sections 225 and 226, 82, 83 Meetings, regular district, sections 46, 49 and 169, .... 15, 16, 58 Meetings, special district, section 66, divisions XI and XII, . 22, 23 Meetings, of trustees, section 70, 24 Mortgage, power to, section 66, division III, 22 Name and number of, section 64, 20 New districts, appointment of trustees in, section 39 13 New district, census in, sections 29 and 30, . . . . 10 New district, election of trustees, section 56, 17 New districts, not to have less than twenty-five children, section -30, 10 Nine months, school to be maintained, sections 14 and 118, . 5, 39 Penalty for destroying school property, section 314 no Penalty for excluding children, sections 84 and 85, . 28 Penalty for failure to comply with school law, sections 14, 22 and 41, and rule 35, 5, 7, 14, 124 Penalty for failure to maintain school nine months, sections 14 and 118 5, 39 Penalty for failure to report to County Superintendent, section 67, 23 Penalty for misuse of money, section 121, 40 Penalty for not providing suitable buildings, sections 41 and HI, 14, 38 Plans of school house, section 23, 8 Petition for district meeting, section 66, division XII 22 Poll tax, sections 169 and 313, 58, 100 President of Board, section 36, 12 Pupils, age of, section 87, 29 Pupils, suspension of, section 80, 27 Religious services, section 126 42 kepairs to school house, sections 63 and 66, division IV, ... 20, 22 Residence of school children, decision No. 12, 136 Rules for the government of, section 66, division II, 22 School houses, plans for, section 23, 8 School month, section 79, 27 School to be kept open nine months, sections 14 and 1 18, . . .5,39 School year, section 125 and decision No. 10, 41, 134 Seal, corporate, section 64, 20 Sinking funds for school debts, section 165, 56 Six trustees, may have, section 33, n Special or local laws, how to be relieved from, sections 122, 123 and 124, 41 State school moneys apportioned for what year, decision No. 3, . 130 Suit by or against, section 64, 20 Sub-districts, section 296, 105 INDEX 233 DISTRICT SCROQLS-rContinued. p age . Suitable school house, sections 41 and in, 14, 38 Suspension of pupils, section 80 27 Tax for school purposes, may raise, sections 66, division III, 68 and 169 22, 24, 58 Tax a separate item in levy, special, section 170, 60 Teacher, dismissal of, section 82, 27 Teachers' orders to draw interest in certain cases, section 163, . . 56 Text-books, may provide, section 68, 24 Tuition fees not allowed, section 86 29 Trustees, appointment of, by County Superintendent, sections 35 and 39, 12, 13 Trustees, election of, sections 33, 34, 46, 48, 50, 52, 53, 54, 55, 56 and 269 iij 15, 16, 17, 105 Trustees, may have five in certain cases, section 53, 17 Trustees, may have six in certain cases, section 33, n Trustees,. organization of, sections 36 and 57, 12, 18 Trustees, term of office of, section 46, 15 Vacancy in trustees of, section 39, 13 Vaccination, section 62, . . . , 19 Women, eligible as Trustees, section 46 15 Women may vote at District meetings, section 48, 16 $275 districts, section 159, 53 $375 districts, section 159, 53 DISTRICT SCHOOL TAX. Amount, how determined, section 169, 58 Amount limited by notice, section 169, .... -r 58 Annual meeting, may be ordered at, sections 37 and 169, . . .12, 58 Assessment of, sections 169 and 295, 58, 105 Bonds, payment of, section 183, 64 Collection of, sections 162 and 169, and decisions Nos. 13 and 14, 55. 58, 137 Compensation for assessing and collecting, section 171 and deci- sions Nos. i, 4 and 14, 61, 129, 130, 137 Condemnation of land, expenses of, section 219, 80 County Collector, not to be paid to, section 172, 61 Custodians of, who are, section 162 and decision No. 15, . . 55, 137 Delinquent taxes, collection of, decision No. 18, 139 Executions, to satisfy, section 65, 20 Flags, may raise tax for, section 311, no Levy, separate item in, section 170, 60 Notice of meeting to order, section 169 58 Notice of tax to be given by District Clerk, section 169, .... 58 Payment to District, sections 162 and 169, 55, 58 Poll tax, sections 169 and 313, 58, no 234 INDEX DISTRICT SCHOOL TAX Continued. Page . Special meetings, may be ordered at, sections 37 and 66, division XI, and 169, 12, 22, 58 Taxable residents, majority to vote to condemn land, section 209, 74 Text books in, section 66, division VI, 69 and 83, 22, 24, 28 EXAMINATIONS. Agricultural College, scholarships in, sections 243 and 245 . . 89, 90 Average required in county, rule 3, 117 Certificates, County, section 89 and rules 2, 10, u, 12, 13, 14, 15, 16, 17, 18 and 19 29, 117, 118, 119, 121, 122 Certificates from other States may be endorsed, rule 8, 118 Certificates, State, section 88 and rules 2, 10, n, 12, 21, 22, 23, 24 and 25, 29, 117, 118, 119, 121, 122 City Boards, sections n and 90, 5, 31 College diplomas accepted, rule 7, 118 County Boards, sections n and 89, and rule 13, 5, 2 8, 119 Examiners, appointment of City, section 90, 31 Examiners, appointment of County, section 89 29 Examiners, qualifications of County, section 89, 29 Examination papers to be preserved, rule 31, 123 Fees of County Examiners, section 89, 29 Fees for special examinations, section 89, . . 29 First grade County Certificates, where valid, rule 15, 119 Grammar schools, definition of, rule 18, 120 High schools, definition of, rule 18 120 Meetings of County Boards, section 89 and rule 13, 29,119 Primary schools, definition of, rule 18, 120 Record of, rule 6 118 Report of, rule 6, 118 Second grade certificates, where valid, rule 16, 120 Special certificates, rule 12 119 Special examinations, section 89 and rule 19, 29, 121 State Board of, sections n and 88, 5, 29 State Superintendent a member of all Boards, section u, . . . . 5 Testimonials, candidates to furnish, rule 4, 118 Third grade, where valid, rule 17, 120 Ungraded schools, definition of, rule 18, 120 Writing, to be in, rule 9, 118 GOVERNOR. Appoint members of State Board of Education, section i, . ... 3 Appoint State Superintendent, section 8, 4 Appropriations for Deaf Mute School, to approve, section 109, . . 37 Appropriations for manual training, to approve, section 225, . . 82 INDEX 235 GOVERNOR Continued. p age . Appropriations for industrial schools by cities to be reported to, section 225, 83 Appropriations for industrial schools to be approved by, section 225, 83 Inspector of child labor, to appoint, section 240, 88 Trustees of industrial schools, member of, section 230, 84 Trustees of school fund, member of, section 126, 42 GRADED SCHOOLS. How established, sections 29 and iio^ 10, 38 Reports of, section 77, 26 Trustees of, section no, 38 HOLIDAYS. (See School Holidays.} INDUSTRIAL EDUCATION. Boards of Education to certify that amount has been raised, sec- tion 227, 83 Compensation of trustees, section 232, 85 Control of moneys, section 228, 84 Control of schools, section 230, . 84 Custodian of funds, section 233, 85 Expenses, payment of, section 129, division X, 43 Report to State Superintendent, section 234, 86 Report to State Board and local Board of Education, section 230, 84 State appropriation for, sections 129, division X, 227 and 233, 43, 83, 85 Subscription by citizens, sections 227 and 233, 83, 85 Supplies, Trustees not to be interested in furnishing, sections 317 and 319, 112 Tax may be raised, sections 229 and 233, . . . . 84, 85 Treasurer, sections 230 and 233, 84, 85 Trustees, appointment of, sections 230 and 235, 84, 36 Trustees, a body corporate, section 231, 85 INSPECTOR OF CHILD LABOR. Appointment of, section 240, 88 Excuse children from attending school, may, sections 200 and 237, 70, 87 Expenses, section 241, 89 Fines to go to school district, section 242, 89 Fire escapes, on school houses, may order, section 112, 38 Salary, section 240 88 INSTITUTES. (See Teachers' Institutes.} 236 INDEX LIBRARIES. Page Amount of first payment, sections 190 and 194, 67,68 Amount of subsequent payments, sections 190 and 194, . . . . 67,68 Appropriations for, section 129, division VII, 190 and 194, . 43, 67, 68 Conditions on which payments are made, sections 190 and 194, . 67, 68 Consolidated in one building in districts having more than one school house, section 191, 68 Expended, for what purposes, sections 190 and 194, 67, 68 Rules prescribed, sections 193 and 195, 68 Teachers' library, section 194, 68 Selection of books, sections 192 and 195, 68 MANUAL TRAINING. Appropriations, amount of, section 225, 82 Appropriations, to be approved by Governor, section 225, .... 82 Appropriations, State Superintendent to draw orders for, section 225, 82 Course of Study, to be approved by State Board of Education, sec- tion 225, 82 Governor to approve appropriations for, section 225, 82 Report of, to be made to State Superintendent, section 226, ... 83 State Board of Education to approve course of study in, section 225, 82 State Superintendent to draw orders for appropriations for, sec- tion 225, 82 MODEL SCHOOL. Object of, section 99, 33 Supervision of, section 99, 33 NORMAL SCHOOL. Admission, application for, sections 94 and 95 32 Admission, examination for, sections 96 and 97, 33 Appropriation for, sections 100 and 129, division 1 33, 43 Certificates to graduates, rule 25, 122 Course of study, section 92, 31 Diplomas to graduates, section 92 31 Examination of applicants, sections 96 and 97, 33 Fire escapes, sections 112, 113 and 115, 38, 39 Fire extinguishers, to provide, section 114, 39 Insurance on buildings, sections 93, division VI, and 129, division HI, 32, 43 Model school, may establish, section 99, 33 Objects of, section 91, 31 Pledge of pupils, sections 94 and 95, 31 Principal of, member of State Board of Examiners, section 88, . 29 INDEX 237 NORMAL SCHOOL Continued. p age . Pupils, number of, section 94, 32 Repairs to buildings, sections 93 and 129, division III, .... 32 43 Report, annual, section 92, 31 Rules for management of, section 92, 31 Scholarship fund, sections 95 and 129, division II, 32, 43 School year, section 101, 33 State Board of Education, Trustees members of, section 2, ... 3 Supervision of, sections 2 and 92, . . 3, 31 Supplies, Trustees not to be interested in furnishing, sections 317 and 319 312 Teachers, appointment' of, sections 92 and 98, 31, 33 Text-books, etc., Trustees to provide, section 98, 33 Treasurer of, section 92, 31 Trustees of, sections 2 and 92 3, 31 Tuition gratuitous, section 98, 33 Vacancies, how filled, section 97, 33 Vote, penalty for accepting money for, sections 316 and 318, . in, 112 PUPILS. Ages of, section 87, 29 Books, prescribed by Trustees and County Superintendent, sec- tions 63, 66, division VI, and 83, 20,22,28 Books, required to have, section 66, division IX, 22 Contagious diseases, prohibited from attending school if exposed to, sections 60, 61 and 62, 19 Colored children, not to be excluded, section 84, 28 Colored children, penalty for excluding, section 85, 28 Corporal punishment prohibited, section 81 and decision No. 8, . 27, 134 Course of study, prescribed by Trustees and County Superin- tendent, section 66, division VI, and 83, 22,28 Damages by, who liable for, sections 68, 83 and 314, ... 24, 28, no Damages, collection of, sections 68 and 83, 24, 28 Expulsion of, sections 66, division VII, and 83, 22, 28 Indigent pupils, to be supplied with books, section 66, division VIII 22 Rules, to comply with, section 83, 28 Residence of, decision No. 12, 136 Suspension, liable to, sections 66, division VII, 80 and 83, and decision No. 6, 22, 27, 133 Suspension to be reported, section 80, 27 Teacher, authority of, section 80, 27 Teacher must submit to, section 83 28 Tuition fees, unlawful to charge, section 86, 29 Vaccination of, section 62, 19 238 INDEX RELIGIOUS SERVICES. Page . Section 126, : 42 SCHOOL FUND. Apportioned for what year,, decisions No. 3 and 10, 130, 134 Apportionment of appropriation from, sections 13 and 28, .... 5, 9 Appropriations from, sections 23, 129, 144, 145, 146 and 225, 8, 43, 48, 49, 82 Appropriations from, paid by State in certain cases, sections 131 and 144, 44, 48 City bonds, may be invested in, sections 133, 134, 140 and 177, 45, 46, 47, 63 Compensation of Trustees, section 133, 45 Comptroller to draw warrants for payments from, sections 130, 136 and 144, 44, 46, 48 Costs of foreclosure, payment of, sections 129, divisions XI and XII, 135 and 136, 44, 46 County bonds, may be invested in, sections 133 and 134, . . . 45, 46 District bonds, may be invested in, sections 140 and 141, .... 47 Deaf-mute school, payment of expenses of, section 109, 37 Expenses, how paid, section 129, 43 Farnum School, appropriation for, section 129, division IX, . . 43 Foreclosure of mortgages, sections 129, divisions XI and XII, I36and 139, 43. 46, 47 Industrial schools, appropriations for, sections 129, division X, 130, 132 and 133, 43, 83, 85 Institutes, payment of expenses, sections 129, division VI, and 146 43, 49 Investment of, sections 127, 128, 133, 134, 136, 140, 141 and 188, 42, 45, 46, 47 Library appropriations, payment of, sections 129, division VII, 190 and 194 43, 67, 68 Loans to school districts, sections 140 and 141, 47 Manual training, appropriations for, section 225, 82 Mortgage, not to be loaned on, sections 135 and 136, 46 Normal School appropriation, payment of, sections 100 and 129, division I, 33, 43 Normal School repairs, payments for, sections 93 and 129, divi- sion III, 3 2 43 Payment of appropriation to counties, sections 13, 144 and 160, 5, 48, 54 Plans of school houses, appropriation for, section 23, 8 Principal of fund to remain intact, section 130, .. f 43 Rate of interest, section 141, 47 Real estate to be sold, sections 137 and 138, 46, 47 Report concerning, sections 133 and 142 45, 4$ Revenues, sections 127, 128, 132 and 133, 42, 44, 45 INDEX 239 SCHOOL ttJSD-Contimted. p age . Scholarships in Agricultural College, appropriation for, sections 246, 91 Scholarships, Normal School appropriation, payment of, sections 95 and 129, division II, 32, 43 Secretary, section 143, 48 State Board of Education, payment of expenses of, sections 6 and 129, division IX, 4, 43 State bonds, may be invested in, sections 133 and 134, . . . . 45, 46 State Superintendent's expenses, payment of, section 5, division V, and 129, divisions III and VIII, 5, 43 State Superintendent's salary, payment of, sections 8 and 129, division V, ' 4, 43 Technical schools, payment of appropriations for, sections 129, division X, 227, 232 and 233, 43, 83, 85 Town or Township bonds, may be invested in, sections 133 and 134, 45, 46 Treasurer of, section 133, 45 Trustees of, section 126, 42 Trustees of, members of State Board of Education, section i, . . 3 United States bonds, may be invested in, sections 133 and 134, . 45, 46 SCHOOL HOUSES. (See Buildings, School.} SCHOOL MEETINGS. (See District Schools.) SCHOOL TRUSTEES. Affidavit required to bills, section 73, 25 Ages of school children, section 87, 29 Appeal from decision of State Superintendent, section 16 6 Appeal from decision of County Superintendent, section 42, ... 14 Appointment of, sections 35, 39 and 56, 12, 13, 17 Appropriations, for what year made, decisions 3 and 10, . . 130, 134 Appropriations, penalty for exceeding, section 316, in Appropriations to be withheld in certain cases, sections 14, 22 and 41, 5, 7, 14 Ballot, to be elected by, section 50, 16 Bills, to be passed in open session, section 71, 24 Bills, to be itemized, section 72, 25 Bills, affidavit to be made to all, section 73, 25 Bonds, authority to issue, section 174 and decision No. n, . . 61, 134 Bonds, cancellation of, section 185, 66 Bonds, custodians of school funds to give, section 165, 56 Bonds, proceeds of sale of, to be deposited with township collec- tor, section 1 66 and rule 35, 124 Bonds, renewal of, section 184, 65 Books, power to provide, section 66, division VIII, ....... 22 240 INDEX SCHOOL TRUSTEES Continued. Page . Books, to prescribe, sections 66, division VI, and 83, 22, 28 Borrow money, may, sections 66, division III, 120 and 169, . 22, 40, 58 Bribery, penalty for, sections 315 and 318, 111,112 Buildings, section 66, divisions III and IV, 22 Census report to County Superintendent, section 59, 18 Census, to keep copy of, section 59, 18 Census, to take, section 59, 18 Children, school residence of, decision No. 12, 136 Colored children, penalty for voting to exclude, sections 84 and 85, 28 Compensation for taking census, section 59, 18 Condemn land, appeal to court, sections 213 and 217, ..... 76, 79 Condemn land, commissioners to, sections 211 and 214, ... 74, 77 Condemn land for school-house, may, sections 209 and 214, . . 74, 77 Condemn land, make surveys to, section 2 10, 74 Condemn land, payment for, sections 212 and 215, ...... 76, 79 Condemnation of land, expenses of, section 219, 80 Consolidated districts, sections 31, 32, 33, 34, 35, 36, 37, 38, 295^ 296 and 297, n, 12, 13, 105 Contagious diseases, may prohibit persons exposed to, from at- tending, sections 60, 61 and 62, 19 Contracts to be passed upon in open session, section 71, .... 24 Contract with teacher, sections 79 and 82, and rule i, 27, 117 Corporate name, section 64, 20 Course of study, may prescribe, section 66, division VI, and 83, 22, 28 Damages to buildings, to determine amount of, section 83, ... 28 Dismissal of teacher, section 82, . . . 27 District Clerk, appointed by County Superintendent, sections 40 and 57, 13, 18 District Clerk, authorized to take affidavit, section 73, 25 District Clerk, election of, sections 36 and 37, and decision No. 19, *. 12, 18, 140 District Clerk may purchase supplies, section 72, . 24 Election of Trustees, time of, sections 33, 34, 46, 54 and 55, n, 15, 17 Election of Trustees to be by ballot, section 50, 16 Election of Trustees to fill vacancies, section 52, 16 Election of Trustees in new Districts, section 56, 17 Election of Trustees, penalty for failure to post notices of, section 47, l6 Election of Trustees, when held, sections 46, 48 and 49, ... 15, 16 Election of Trustees, who qualified to vote at, sections 46 and 48, 15, 16 Eligible, who are, section 46 15 Erect school houses, sections 66, division III, and 169, .... 22, 55 Execution against, section 65, 20 INDEX 241 SCHOOL TRUSTEES Continued. P age . Expel pupils, sections 66, division VII, and 80, 22, 27 Financial accounts kept by District Clerk, section 58, 18 Financial reports, section 58, 18 Fire escapes, to provide, sections 112, 113, 115 and 117, .... 38, 39 Fire extinguishers, to provide, section 114, 39 Five Trustees, may have, sections 53 and 54 17 t Flags for school houses, may provide, sections 309, 310 and 311, 109, no Graded schools, may establish, section no, 38 Holidays, section 79 and decision No. 17, 27, 139 Incidentals, amount allowed for, section 119 and decision No. 9, 39, 134 Incidentals, orders for, to draw interest in certain cases, section 163, 56 Incompatible offices, decision No. 16, 125 Industrial schools, to certify that money has been raised, sections 227 and 233, 83, 85 Industrial schools, report to State Superintendent, section 234, . 86 Institutes, teachers entitled to salary while attending, rule 41, . 125 Insure school buildings, section 66, division IV, 22 Itemized bills required, section 73, 25 Janitors, etc., power to employ, section 66, division 1 21 Legal voters, sections 46 and 48, 15, 16 Libraries, to make rules for, sections 191 and 193, 68 Manual training, appropriation for, section 225, 82 Manual training, approval of course of study in, section 225, . . 82 Manual training, report of, 'section 226, . 83 Meetings, District, to call special, section 66, divisions XI and XII, 22, 23 Meetings of Trustees, special, section 70 and decision No. 5, . 24, 133 Meetings of Trustees, regular, sections 57 and 70, and decision No. 5 18, 24, 133 Meetings of Township Boards of, sections 51 and 75, 16,25 Minutes of District meetings, section 58, 18 Minutes of Trustee meetings, section 58, 18 Mortgage school property, section 66, division III, 22 New Districts, Trustees of, sections 35, 39 and 56, .... 12, 13, 17 Notices for District meetings, sections 46 and 66, divisions XI and XII, and 169, . . 15, 22, 23, 58 Orders for school money, sections 58, 162 and 163, .... 18, 55, 56 Orders, interest on, section 163, 56 Penalty for excluding children from school, section 85, 28 Penalty for exceeding appropriations, section 316, ....... in Penalty for failure to comply with school law, sections 14, 22, 41, 74andii8 and rule 35, 5,7, 14,25,39, 124 15 242 INDEX. SCHOOIv TRUSTEES- Continued. Pag e. Penalty for failure to report, section 67, 23 Penalty for misuse of money, section 121, 40 Personal property, may purchase, hold and convey, sections 64 and 66, division V, 20, 22 Petition for school meetings, section 66, division XII, 23 Plans for school houses, section 23, 8 Powers of, section 66, 21 President of, section 36, 12 Property, sections 38, 64, 66, division V, and 169, . . . . 13, 20, 22, 58 Pupils, age of, section 87, 29 Pupils, may expel or suspend, section 66, division VII, 22 Pupils, may provide text-books for, section 66, division VIII, . . 22 Pupils must have books, section 66, division IX, 22 Pupils, school residence of, decision No. 12, 136 Pupils, suspension of to be reported, section 80, 27 Qualifications of, section 46, 15 Real property, may purchase, hold and convey, sections 64 and 66, division V, 20, 22 Register, require teacher to keep, sections 66, division X, and 76, 22, 26 Religious services, section 126, 42 Rent school-houses, section 66, division IV, . . . 22 Repair school-houses, sections 63 and 66, division IV, 20, 22 Report, annual, sections 45, 66, division XIII, and 67, .... 15, 23 Report to District, section 58, 18 Rules for school, to prescribe, section 66, division II, 22 Rules of State Board of Education, to enforce, section 66, division VI 22 Salaries of teachers, &c., to fix. section 66, division I, 21 School- houses, building, repairing and renting, section 66, divi- sions III and IV, 22 School-houses, plans for, section 23, 8 School-house, use of for other purposes, section 66, division XII, 23 School residence of children, decision No. 12, 136 School year, section 125 and decision No. 10, 41, 134 Seal, corporate, section 64, 20 Sinking funds for schools, section 166, 56 Six Trustees, section 33, n Special laws, may be relieved from, sections 122, 123 and 124, . . 41 Suitable school-house, penalty for failure to provide, section 41, . 14 Suit by or against, section 64, 20 Supplies, not to be interested in furnishing, sections 317 and 319, . 112 Supplies, to provide, sections 63, 66 and 72, 20, 24, 25 Suspend pupils, may, sections 66, division VII, and 80, and deci- sion No. 6, 22, 27, 133 Suspended pupils, teacher to report, section 80, 27 INDEX. 243 SCHOOL TRUSTEES -Continued. Page. Taxes, sections 66, division XI, 147, 161, 162, 164, 169 and 186, and decisions 3 13 and 14, ... 22, 49, 52, 55, 56, 58, 66, 136, 137 Teachers, &c., to employ, sections 66, division I, and 79, and rule i 21, 27, 117 Teachers, dismissal of, section 82, 27 Teachers' orders to draw interest in certain cases, section 163, . . 56 Teachers to keep register, section 66, division X, 22 Technical schools, to certify that money has been raised, sections 227 and 233, 83, 85 Technical schools, to report to State Superintendent, section 234, 86 Term of office, sections 33, 34, 54 and 56, n, 17 Text-books, may prescribe, sections 66, division VI, and 83, . 22, 28 Text-books, may provide, sections 66, division VIII, and 68, . 22, 24 Text-books, pupils must have, section 66, division IX, 22 Township Boards of, sections 51 and 75, 16, 25 Tuition fees not allowed, section 86, 29 Vacancy, how filled, sections 39 and 52, 13, 16 Vaccination of school children, section 62, 19 Vote, penalty for accepting money for, sections 316 and 318, . in, 112 Women eligible as Trustees, section 46, 15 Women have the right to vote for, section 48, 16 SECRETARY OF STATE. Secretary of Trustees of School Fund, section 143 48 Trustees of School Fund, member of, section 126, 42 SECTARIAN SCHOOLS. Money not to be appropriated for, section 158, 53 SPECIAL CHARTERS. Boards of Education, election of in towns and boroughs, section 289, 103 Boards of Education, members of in towns and boroughs, section 290, 103 Boards of Education, vacancy, how filled in towns and boroughs, section 291, 103 Consolidated districts, property of, sections 294, 295 and 296, 104, 105 Consolidated districts, election of Trustees in, section 297, . . . 105 Custodian of school moneys in towns and boroughs, section 292, 104 Custodian of school moneys in districts having special charters, section 303, . . 107 District Clerk, duties of in districts having special charters, sec- tion 302, 107. Election of Boards of Education in towns and boroughs, section 289, 103 244 INDEX. SPECIAL CHARTERS Continued. p ag e. Election of Trustees in consolidated districts, section 297, . . . 105 Incorporation of boroughs, towns and townships, section 287, . 103 Members of Boards of Education in towns and boroughs, section 290, 103 Members of Boards of Trustees in consolidated districts, section 296, 105 Officers in towns and boroughs, section 288, 103 School moneys, custodian of in towns and boroughs, section 292, 104 School moneys, custodian of in districts having special charters, section 305, 107 School tax, in towns and boroughs, section 293, 104 School houses, Township Committee to build in certain cases, section 299 106 Special election in towns and boroughs, section 287, 103 Township Committee to build school-houses in certain cases, sec- section 299, 106 Treasurer in towns and boroughs, section 292, 104 Treasurer in districts having special charters, section 303, ... 107 Trustees in consolidated districts, election of, section 297, ... 105 Trusteees in consolidated districts, number of, section 296, ... 105 Trustees in districts having special charters, election of, section 304, - Ic8 Trustees, in districts having special charters, number of, section 306, 109 Trustees in districts having special charters, term of office, sec- tion 305, 108 Trustees in districts having special charters to take oath of office, section 307, 106 Vacancy in Board of Education in towns and boroughs, how filled, section 291, 103 STATE ASSOCIATION OF SCHOOL SUPERINTENDENTS. Meetings of, section 43, 14 President of, section n, 5 STATE BOARD OF EDUCATION. Amendments to school law, to recommend, section 5, division II, 4 Appeals, to decide, sections 5, division VI, and 16, 4, 6 Appoint County Superintendents, sections 5, division III, and 24, 4, 8 Apportion reserve fund, section 158, 53 Bribery, penalty for, sections 315 and 318, 111,112 By-Laws, may make, section 5 , division I, . 4 Compensation of, section 6, . . 4 Consolidate Districts, may, section 31, n County Superintendent's expenses, to approve, section 26, ... 9 INDEX. 245 STATE BOARD OF EDUCATION Continued. Pag e. County Superintendents, to appoint, section 5, division IV, and 24, . 4, 8 Deaf-mutes, trustees of, school for, section 5, division III, ... 3 Duties of, sections 2, 3 and 5, 3,4 Examinations, to make rules for, sections 88 and 89, 29 Expenses of, sections 6 and 129, division IV, 4, 43 Expenses of County Superintendents, to approve, section 26, .. 9 Expenses of State Superintendent, to approve, section 5, division V, 4 Institutes, to make rules for, section 5, division IV, 4 Instructions of, State Superintendent to carry out, section 10, 5 Laws, recommended to the legislature, section 5, division II, .. 3 Manual training, to approve course of study in, section 225, . . 82 Members of, section i, 3 Normal School buildings, insure, section 93, 32 Normal School buildings, repairs to, section 93, 32 Normal School, trustees of, section 2, 3 Penalty for failure to comply with school laws, section 22, ... 7 Powers and duties of, sections 2, 3 and 5, 3, 4 Quorum of, section 4, 4 Report, annual, section 7 4 Report of State Superintendent to, section 20, 7 Reserve Fund, to apportion, section 158, 53 Revocation of certificate to be reported to, rule 5, 118 Rules, may make, sections 5, division I, 10 and 29, 4, 5, 10 Secretary of. section n, 5 . Sectarian Schools, section 158, 53 State Association of School Superintendents, appoint meetings of, section 43, 14 State Superintendent, report of, section 20, 7 State Superintendent, to approve expenses of, section 5, division V, 4 State Superintendent, to decide appeals from decision of, section 5, division VI 4 Technical schools, appoint Trustees of, section 230, 84 Term of office of members of, section i 3 Trustees of Deaf-Mute School, section 3, 3 Trustees of Normal School, section 2, 3 Vote, penalty for accepting money for, sections 316 and 318, in, 112 STATE SCHOOL TAX. Abstract of tax to be given to Assessors and County Collectors, section 148, 49 Accounts, how kept, section 162, 55 Amount, how determined, section 147, 49 246 INDEX. STATE SCHOOL t&3i Continued. Pag e. Apportioned for what year, decisions Nos. 3 and r6, .... 130, 134 Apportionment for collection, section 148, 49 Apportionment of reserve fund, section 158, 53 Apportionment of tax by Assessors, section 148, 49 Apportionment by County Superintendents, sections 159 and 168, 53, 57 Appropriations .to be withheld in certain cases, sections 14, 22 and 41, 5, 7, 14 Assessment of, sections 147, 148, 149, 150 and 151, . . . . 49, 50, 51 Balances may be used for repairs in certain cases, section 168, . . 57 Balances, re-apportionment of, section 168, 57 Balance paid to successor by Collector, sections 162, 168 and 171, and decisions Nos. i, 4 and 14, 55, 129, 130, 137 Borrow money to pay, freeholders may in certain cases, section 155, 52 Collection of, sections 147, 152, 153 and 157, ...... 49, 51, 52, .61 Compensation of Township Collectors, sections 153 and 162, and decision No. 4 '. . . . 51, 55, 130 Custodians of school moneys, section 162 and decision No. 15, 55, 137 Fractional Districts, apportionment to, section 159, 53 Fractional Districts, custodians in, section 168 57 Fourth class counties, payment by, section 157, 52 Incidentals, amount allowed for, section 119, and decision No. 9, 39, 134 Orders for, section 162, 55 Payment to State Treasurer, sections 154, 156 and 157, . . . . 51, 52 Payment to Counties, sections 158 and 1 60, 53.54 Payment to Districts, section 161, 54 Payment to Townships, section 161, 54 Penalty for failure to comply with school law, sections 14, 22, 41 and 118, ; 5, 7, 14, 39 Penalty for misuse of school money, section 121, 40 Report of Collectors, section 162, 55 Reserve fund, section 158, 53 Sectarian schools, not to be used for, section 158 53 Third class counties, payment by, section 157, 52 Township tax authorized, section 147, 49 Withheld in certain cases, section 41, 14 $275 Districts, sectic>n 159, 53 $375 Districts, section 159, 53 STATE SUPERINTENDENT. Agricultural College, examinations for, sections 243 and 245, . 89, 90 Appeals from decisions of, sections 5, division VI, and 16, ... 4., 6 Appeals to, sections 16, 29 and 42, 6, 10, 14 INDEX. 247 STATE SUPERINTENDENT Continued p age . Appointment of, section 8, 4 Apportion State appropriation, section 13, 5 Apportionment, statement to be given to certain persons, section 13, 5 Appropriations to be withheld in certain cases, sections 14 and 22, 5, 7 Arbor day, to issue circulars respecting, section 196, ...... 69 Blanks, &c., to prepare and furnish, sections 15, 59 and 179, 6, 18, 63 Books, &c., to collect, section 17, 6 Bribery, penalty for, sections 315 and 318, in, U2 Boundaries of districts, may change in certain cases, section 29, 10 Boundaries of districts, to approve changes in, section 30 and rule 37. 10, 124 Certificates, County Superintendents to transit list of, rule 6, . . 118 Certificates, to suspend or revoke, section 22 and rule 5, ... 7, 118 Circulars of information, to issue, section 12, 5 County Superintendents, to draw orders for expenses of, section 26, 9 County Superintendents, to fill vacancy in office of, rule 44, . . 125 Decide disputes, section 16, 6 Decisions by, 129 Decisions, to keep copies of. section 18, 6 Deliver property to successor, section 21, 7 District Clerk, to approve removal of, section 40, 13 Districts, approve changes in, section 30 and rule 37, .... 10, 125 Districts may make changes in, section 29 10 District reports, prescribe forms for, sections 15 and 66, division XIII, 6, 23 Examiners, member of Boards of, sections n and 88, 5, 29 Examinations, to prepare questions for, rule 19, 121 Expenses, sections 5, division V, and 129, divisions III and VIII, 4,43 Institute, expenses of, section 146, .- 49 Instructions of State Board, to carry out, .section 10, 5 Manual training, to draw orders for appropriations for, section 225, 82 Office, location of, section 9, 5 Orders for County Superintendent's expenses, to draw, section 26, 9 Orders for library payments, to draw, sections 190 and 194, . . 67, 68 Orders for school tax, to draw, sections 158 and 160, 53, 54 Orders for State appropriation, to draw, section 13, 5 Penalty for failure to report, may remit, section 67, 23 Penalty for misuse of school money, may remit, section 121, . . 40 Plans for school houses, to prepare, section 23, 8 Plans of school houses, to preserve, section 17, 6 248 INDEX. STATE SUPERINTENDENT- Continued. Page> Removal of District Clerk, to approve, section 40, 13 Report, annual, section 20 and rule 7, 7, 118 Reports of City and County Superintendents, to prescribe form for, section 44, j^ Reports, &c., to preserve, section 18, 6 Revocation of certificates, section 22 and rule 5, 7, n8 Rules of State Board, to enforce, section 10, 5 Salary, sections 8 and 129. Division V, 4, 43 School laws, to have printed, section 15, 6 Seal of office, section 19, 7 Secretary of State Board of Education, section u, 5 State Association of School Superintendents, meetings of, sec- tion 43, I4 State Association of School Superintendents, President of, sec- tion n, 5 State Board of Education, to enforce rules of, section 10 5 State Board of Education, Secretary of, section n, 5 State Board of Education, to report to, section 20, ...... 7 Supervision of schools, section n, 5 Supplies, not to be interested in furnishing, sections 317 and 319, 112 Term of office, section 8, 4 Withhold salary from certain persons, sections 14 and 22 and rule 40, 5, 7, 125 Withhold school money from districts, section 14, 5 Withhold school money from school officers and teachers, sec- tions 14 and 22, 5, 7 SURPLUS REVENUE. Interest to be appropriated to schools, sections 159 and 189, . . 53, 67 Penalty for misuse of, section 121 40 TAXES. (See Assessors, District School Tax, State School Tax. Also, Township Tax.) TEACHERS. Appeal to County Superintendent in case of dismissal, section 82, 27 Appeal to County Superintendent in case of pupil suspended, section 80, 27 Certificate to be exhibited to Cqunty Superintendent, rule i, . . 117 Certificate from other States may be endorsed, rule 8, 118 Certificate, to hold, section 78 and rules i and 2, 27, 117 Certificate, revocation of, sections 22 and 88 and rule 5, . . 7, 29, 118 Certificate that child has attended school, to give, section 237, . 87 Contagious diseases, prohibited from attending school if exposed to, sections 60, 61 and 62, 19 INDEX. 249 TEACHERS Continued. p age . Contract with Trustees, sections 79 and 82, rule i and decision No. 17, 27, 117, 139 Corporal punishment prohibited, section 81 and decision No. 8, 27, 134 Dismissal of, section 82, 27 Employment of, section 66, division I, 21 Examinations, city, sections n and 90, 5, 31 Examinations, county, sections n and 89 and rules 3, 4, 6, 7, 8, 9, 10, ii and 12, 5, 29, 117, 118, 119 Examinations, State, sections n and 88 and rules 3, 4, 6, 7, 8, 9, ii, 12, 21, 22, 23 and 24, 5, 29, 117, 118, 119, 121, 122 Graded schools, report of, section 77, 26 Holidays, section 79 and decision No. 17, 27, 139 Institutes, allowed salary while attending, rule 41, . ..*.. 125 Institutes, must attend, rule 41, 125 Orders for salary to draw interest in certain cases, section 163, . 56 Penalty for failure to comply with school law, sections 14 and 22, . 5,7 Penalty for failure to keep Register, section 77, 26 Penalty for failure to report, section 77, 26 Provisional certificate, rule 2, 117 Pupils, authority over, section 80, 27 Pupils to submit to, section 83, 28 Register, to exhibit to District Clerk, section 76 26 Register, to keep, sections 66, divisions X, and 76, 22, 26 Religious services, section 126, 42 Report, penalty for failure to, section 78 27 Report suspensions to Trustees, section 80, 27 Reports to County Superintendent and District Clerk, section 77, 26 Revocation of certificate, section 22 and rule 5, . 7,118 Rules for the government of, section 66, division II, 22 Salary to be withheld in certain cases, sections 14 and 22, ... 5, 7 Salary to draw interest in certain cases, orders for, section 163 . 56 School month, section 79, 27 Supplies, not to be interested in furnishing, sections 317 and 319, 112 Suspend pupils, may, section 80 and decision No. 6, .... 27, 133 Temporary certificates, rule 2 117 TEACHERS' INSTITUTES. Appropriations for, sections 129, division VI, and 146, . . . . 43, 49 Expenses of, to be reported by State Superintendent, section 149, 49 Organization of, rule 36, 124 Rules for, section 5, division V, 4 Teachers must attend, rule 41, 125 Union Institutes, section 146, 49 250 INDEX. TECHNICAL SCHOOLS. (See Industrial Education.) Page. TOWNSHIPS. (See Special Charters. ) TOWNSHIP BOARDS OF TRUSTEES. Meetings of, sections 51 and 75. and rule 33, 16, 25, 124 Members of, section 75, 25 TOWNSHIP COLLECTOR. Accounts, how kept, section 162, 55 Balance paid to successor, section 162, 55 Balances paid to County Collector, section 168, 57 Bonds of, liable for school money, section 167, 57 Compensation of, sections 153, 162 and 171, and decisions Nos. i, 4 and 13, 51, 55, 61, 129, 130, 137 Custodian of school moneys, sections 162, 166, 167, 168, 233 and 303, rule 35, and decision No. 15, . . 55, 56, 57, 85, 107, 124, 137 Delinquent taxes, decision No. 18, 139 District tax, collection of, sections 169, 183 and 184, ... 58, 64, 65 District tax, Districts entitled to exact amount of, decision No. 13, T 37 District tax not to be paid to County Collector, section 172, . . 61 District tax to satisfy an execution, to be collected and paid over to the officer serving the process, section 65, 20 Fees, sections 162 and 171, and decisions Nos. i, 4 and 13, . . . 55, 61, 129, 130, 137 Fourth class counties, payment of State school tax by, section 157, 52 Interest on orders, section 163, 56 Orders drawn in favor of, sections 28 and 161, 9> 54 Orders drawn on, sections 58, 162 and 169, and rule 35, . 18, 55, 58, 124 Orders to draw interest in certain cases, section 163, 56 Poll taxes, sections 169 and 313 58, no Report amount of township tax to County Superintendent, rule 34, 124 Report to certain persons, sections 45 and 162, 15, 55 School tax to be separate item in bills, section 170, 60 School tax, payment to, section 161, 54 Sinking funds for schools, section 165, 56 State appropriation, abstract of, to be given to, section 28, ... 9 State appropriation, payment of, section 28, 9 State school tax, collection of, sections 147, 152, 153 and 157, . 49, 50, 51 Third class counties, payment of State school tax by, section 157, 52 Township school tax, collection of, section 147, 49 INDEX. 251 TOWNSHIP TAX. Page . Amounts to be raised, sections 147 and 161, 49,54 Apportionment of, section 159 and rule 34, 53, 124 Custodian of, section 162 and decision 15, 55, 137 Penalty for misuse of, section 121, ' 40 Poll tax, sections 169 and 313, - 58, no Report amount of, collector to, rule 34, 124 School tax to be separate item in levy, section 170, 60 Tax for building school houses in certain cases, section 301, . . 106 Technical schools, section 227 83 TREASURER, STATE. Agricultural College, appropriations to, section 246, 91 Appropriations from School Fund to pay, sections 93, 130 and 144, ' 32, 44, 48 Bonds, school, may invest in, sections 178 and 188, . . . . . . 63, 67 Investment of School Fund, sections 127, 133, 140, 141, 177 and 188, 42, 45, 47, 63, 67 Library appropriations, to pay, sections 190 and 194, 67, 68 Manual Training, appropriations for, section 225, 82 Normal School, repairs to, section 93, 32 Report of, section 142, 48 Riparian moneys, to invest, section 128, 42 State school tax, payment of, sections 158 and 160, 53, 54 Technical schools, payments to, sections 227 and 233, .... 83, 85 Treasurer of School Fund, section 133, 45 TRUSTEES, DISTRICT. (See School Trustees.} TRUSTEES OF SCHOOL FUND. Apportionment of State appropriation, section 13, 5 Appropriations, sections 129, 144, 145 and 146, 43, 48, 49 City bonds, may invest in, sections 133, 134, 140 and 177, . 45, 46, 47, 63 Compensation of, section 133, 45 County bonds, may invest in, sections 133 and 134, . . . . . . 45, 46 District school bonds, may purchase, sections 140 and 141, ... 47 Foreclosure of mortgages, sections 129, 135 and 136, 43, 46 Interest, section 141 * 47 Investment of fund, sections 127, 128, 132, 133, 134, 136, 140, 141, 142 and 188, 42, 44, 45, 46, 47, 48, 67 Members of, section 126, 42 Mortgage, not to loan on, sections 135 and 136, 46 Real estate, to sell, sections 137 and 138, 46, 47 Report, sections 133 and 142, 45, 48 Secretary of, section 143, 48 252 INDEX. TRUSTEES OF SCHOOL FUND Continued. p ag e. State Board of Education, members of, section i, 3 Township bonds, may purchase, sections 133 and 134, .... 45, 46 Treasurer of, section 133, 45 United States bonds, may purchase, sections 133 and 134, ... 45, 46 INDEX. 253 BLANKS AND FORMS. FORMS FOR CITY SUPERINTENDENTS. Page. Ages of children enrolled, Form No. 2b, 167 Ages of children in the census, Form No. 20, . . 168 Annual report, Form No. 16 170 Bond for school-house loan, Form No. 70, 171 Condition of school -houses, report of, Form No. n, 168 Condition of schools, report of, Form No. 14, . . 168 Evening schools, report of, Form No. 150, 169 Financial report, Form No. 15, 169 FORMS FOR COUNTY SUPERINTENDENTS. Ages of children, Form No. 2C, 147 Annual report, Form No. 17, 150 Appointment of District Clerk, Form No. 82, 161 Appointment of Trustees for a new District, Form No. 83, ... 161 Appointment to fill vacancy in Board of Trustees, Form No. 81, . 160 Apportionment of balances, notice to Township Collector, Form No. 93, 165 Apportionment of balances, notice to District Clerk, Form No. 94, 166 Apportionment of school moneys, report of, Form No. 170, . . . 151 Certificate in cases of appeal, Form No. 95, 166 Certificates, directions given to candidates for, Form No. 18, . . 203 Certificate, teachers', first grade, Form No. 20, 152 Certificate, teachers', second grade, Form No. 21, ....... 153 Certificate, teachers', third grade, Norm No. 22, 154 Certificate, teachers', notice revoking, Form No. 91, 164 Certificates, record of, Form No. 23, 155 Certificates, report of, Form No. 24 156 Condemning a school-house, form for, Form No. 96, 166 Condition of school-houses, report of, Form No. 10, 148 Condition of schools, report of, Form No. 13, 149 County Collector, order for $100,000 appropriation, Form No. 53, 158 County Collector, order for balances, Form No. 56, 159 County Collector, order for State school tax, Form No. 54, ... 159 County Collector, order for interest of surplus revenue, Form No. 55 159 Examiners' salary, order for, Form No. 57, 160 Examination of teachers, notice of, Form No. 90, 164 Expenses, statement of, Form No. 34, 157 254 INDEX. FORMS FOR COUNTY SUPERINTENDENTS -Continued. p age . Graded school, request of District Clerk to call school meeting to establish, Form No. 84, 162 Graded school, order establishing-, Form No. 85, 162 Institute, certificate of attendance, Form No. 28, 157 Institute, notice of, Form No. 27, 156 Library, report of condition of, Form No. 33, 157 School District, order organizing, Form No. 86 163 $chool District, notice to District Clerks of Districts affected by proposed changes, Form No. 87, 163 Teachers' certificate, notice to District Clerk of revocation of, Form No. 92, 165 Township Collector, order to withhold school money from a Dis- trict, Form No. 89, 164 Township Collector, order to withhold school money from a teacher, Form No. 88, 163 Township Boards of Trustees, notice of meeting of, Form No. 80, 160 FORMS FOR DISTRICT CLERKS. Affidavit to bill, form No. 64, 193 Annual meeting for election of Trustees, notice of, Form No. 96, . 191 Annual meeting for ordering District tax, notice of, Form No. 98, 191 Board of Trustees, notice of meeting of, Form No. 97, 191 Bonds, directions for proceedings, Form No. 63, . . ' 188 Bonds, report of proceedings, Form No. 61, 184 Census Report, Form No. 3, 174 County Superintendent, notice of vacancy in Board of Trustees, Form No. 103, 194 County Superintendent, notice of election of Trustees, Form No. 29, 181 County Superintendent, report of amount of District school tax ordered to be raised, Form No. 6a, 178 Duties of, Form No. 112, 200 Financial report to County Superintendent, Form No. 3<2, . . . 176 Financial record, Form No. 7, 207 Financial report to Township Committee, Form No. 6 178 Graded school, notice of meeting to consider the question of establishing a, Form No. 104, . 195 Graded school, notice to County Superintendent of the action of meeting, Form No. 105, . . 195 Indebtedness of School District, report to County Superintendent, Form No. 52, 183 Library, report of purchases, Form No. 31, 182 Manual training, application for, Form No. 58, 183 Minutes of Trustee meeting, Form No. 61, 184 School tax, notice to Assessor of, Form No. 6ab, 179 INDEX. 255 FORMS FOR DISTRICT CLERKS Continued. p age . Various specifications of business to be transacted that may be inserted in any notice for District meeting, Form No. 100, . 192 FORMS FOR DISTRICT TRUSTEES. Annual report to District, Form No 102, 194 Appeal to State Superintendent, Form No. 119, 210 Application for State aid for library, Form No. 30, .' 182 Application for loan from school fund, Form No. 62, 187 Bonds to be issued for loan, Form No. 69, 190 Contract with teacher, Form No. 107, 196 Contract for building a school house, Form No. 1 10, 198 Deed for school house site, Form No. 109, 197 Lease, form of, Form No. 108, 196 Minutes of Trustee meeting, Form No. 61, 184 Note for money borrowed, Form No. in 199 Order for teachers' salary, Form No. 25, 180 Order for miscellaneous purposes, Form No. 26 181 Special District meeting, notice for, Form No. 99, 192 Vacancy in Board of Trustees, notice of, Form No. 103, .... 194 Various specifications of business to be transacted that may be inserted in any notice for District meeting, Form No. 100, . 192 FORMS FOR TEACHERS. Appeal to State Superintendent, Form No. 102, 194 Certificate that child has attended school, Form No. 71, 204 Contract with District, Form No. 107, 196 Examinations, directions for, Form No. 18, . . 203 Graded School, county report, Form No. 2, 201 Graded School, city report, Form No. 20, , . 202 Library Report to County Superintendent, Form No. 32, .... 204 Report to County Superintendent when leaving a school before the end of the school year, Form No. 113 205 Report to County Superintendent, annual, Form No. 115, . . . 206 Report to District Clerk, anuual, Form No. 115, 206 Report to Trustees of suspension of pupils, Form No. 114, . . . 205 FORMS FOR TOWNSHIP COLLECTORS. Account with District, Form No. 7, 207 Duties of, Form No. 117 209 Financial report to County Superintendent, Form No. 8, .... 208 Financial report to Township Committee, Form No. 8, 208 Report to County Superintendent of township school tax ordered to be raised, Form No. 116, "... 209 256 INDEX. FORMS OF DISTRICT SCHOOL MEETINGS. Page. Minutes of meeting authorizing the issue of bonds, Form No. 61, 184 Notice to officers elected by District, Form No. 106, 196 Order of business, Form No. 101 193 MISCELLANEOUS FORMS AND DIRECTIONS. Appeal to State Superintendent, Form No. 119, 210 Calendar for school elections and duties, 211 Certificates, directions for candidates, Form No. 18, 203 Decisions by State Superintendent, 129 Report of County Clerk to County Superintendent of names and post-office address of Township Collectors and City Treas- urers, Form No. 118, 210 Rules and regulations prescribed by State Board of Education, . 117 AMBNDMKNTS TO SCHOOL LAW. 18O2. An Act to amend an act entitled " An act to amend an act entitled 'An act to establish a system of public instruction'" [Revision], approved March twenty- seventh, one thousand eight hundred and seventy- four, which was approved May sixth, one thousand eight hundred and eighty-nine. 1. BE IT ENACTED by the Senate and General Assembly the State of New Jersey, That in order to. enable county c superintendents of schools to devote more time to the discharge of the duties of their office, and to properly examine and direct the schools under their charge, by frequent visits to said schools and counsel and direction to teachers in the proper method of instruction, their yearly salary shall be at the rate of twelve and a half cents for each child in the county between the ages o five and eighteen, as ascertained from the last annual p rov iso report of the state superintendent; provided, that the salary shall in no case be less than eight hundred dollars, nor more than thirteen hundred dollars; and provided, that Proviso, the salary of a superintendent having fifty or more district schools to visit shall not be less than one thousand dollars; and provided, that in case any city or town shall have a city or town superintendent of schools, AMENDMENTS TO the children belonging to such city or town shall not be counted in determining the salary of the county superintendent, and the supervision of the schools of said city or town, which would otherwise belong to the county superintendent, shall devolve upon the city or town superintendent. This repeals section 25, page 8. A Further Supplement to an act entitled "An act to es- tablish a system of public instruction," approved March twenty-seventh, eighteen hundred and seventy- four. !duc e ation a t r o d of * BE IT ENACTED by the Senate and General Assembly of ? a a ke e n census the State of New Jersey, That hereafter the state board of v. education shall cause to be taken during the month of May in each year an exact census of all children resid- ing in the several school districts in this state, between the ages of five and eighteen, not including the children who may be inmates of poor houses, asylums or alms- houses, and shall specify the names, ages and residences of such children and the names and residences of their parents or guardians (all children who may be absent from home attending colleges, boarding schools and private seminaries of learning shall be included in the census list of the city, town or district in which their parents or guardians reside, and not be taken in the city, town or district where they may be attending such insti- tutions of learning); the said census may also contain such further information as the said state board may deem necessary or proper; and for the purpose of carrying out the object of this act the said state board is hereby authorized and empowered to designate a suitable per- o?cln 3 a u t s endent . son, to be known as the superintendent of the school census, who shall hold his office for the term of five years, and shall receive such annual compensation and such clerical assistance as the said board shall designate, and whose duty it shall be to take charge of all the de- SCHOOL LAW. tails connected with the taking of the annual school census; the said superintendent shall make a full report ? u ?ejl n rt cudent thereof to the state board of education, verified by him under oath that the same is correct and true to the best of his knowledge and belief, on or before the first day of September in each and every year. 2. And be it enacted, That the said superintendent shall ^SlSltorg. have power, with the approval of the president of the state board of education, to designate as many suitable persons as may be necessary, to act as enumerators for the several school districts of the state in taking the school census aforesaid ; and he shall have the power, StSs aTld with the approval of the said state board of education, to establish such rules and regulations as may be neces- sary and proper, governing the taking of the said census and the said enumerators; and he shall provide and ^anks. furnish the enumerators blank books, forms and such other stationery as may be necessary; the said enum- erators shall perform their work within the time and in accordance with the rules and regulations of the said superintendent, and shall be entitled to receive for their services the sum of five cents for each and every child's name taken in accordance with this act, which said compensation shall be paid to the said enumerators in compensation, the same manner as is now provided by law, upon the certificate of the superintendent of the census, 3. And be it enacted, That all other modes of taking paying for the school census are hereby abolished, and all general, public, special or other acts of any kind whatsoever, or any part thereof, inconsistent with the provisions of this act, are hereby abrogated and repealed, and this act shall take effect immediately. This repeals section 59, page 18, and sections 248 and 249, page 92, AMENDMENTS TO 106. That any indigent deaf-mute of suitable capacity, . ccTii. |i. who shall be a legal resident of this state, and who shall be not less than eight years nor more than twenty-one years of age, may be admitted to and be entitled to the benefits of the institution, subject to such rules and regulations as have been or may be established by the Son mofiU8truc " state board of education; the term of instruction shall be three years, but in any case in which it may be proper, in the judgment of the said board, the term may be thereupon extended by said board for a period not ex- ceeding eight years, which said term may be further ex- tended by said board in meritorious cases for a period provia. no exceeding three additional years ; and provided further, that when it shall be found, in the judgment of said board, that any pupil now in the institution, or hereafter admitted, shall be, from want of capacity or other cause, not capable of receiving the benefits designed to be conferred, or that the retention of any pupil is or may be detrimental to the interests of the school, the said board shall have power to shorten the term of, or to dismiss from the .school such pupil upon reasonable notice given to his or her parents or guar- dians. This amends section 106, page 36. A Supplement to 'an act entitled "An act for the forma- tion and government of boroughs," approved April second, one thousand eight hundred and ninety-one. Borough ^ ^ 4. And be it enacted, That the school taxes to be levied, schoofmoniys. assessed and collected, within said borough, shall be . cell H. levied, assessed and collected by the borough assessor and collector, respectively, and said collector shall re- ceive and hold the school moneys so collected, within said borough, in trust, to be paid out on the order of the district clerk or treasurer of the school district, or school borough, in the manner provided by the act en- titled "An act to establish a system of public instruction," SCHOOL LAW. approved March twenty-seventh, one thousand eight hundred and seventy-four. This amends section 162, page 55. An Act to amend an act entitled "An act providing for the formation and government of towns," approved April twenty-fourth, one thousand eight hundred and eighty-eight. 16. And be it enacted, That except as herein provided, at the first town election held under this act educatu. .P. L. 1892, one member of the council from each ward shall be chap - lix< elected for one year, and one member for two years, and one member of the board of education shall be elected for one year, and one member for two years, and one member for three years ; and the electors voting at such election shall designate on their ballots the terms for which the several candidates for said offices shall be elected; and thereafter annually a member of the council shall be chosen from each ward for two years, and a member of the board of education for three years. 82. And be it enacted, That all the property, real and personal, of the several school districts existing withinthi r s a actt u o n bl r f i i 1 r consolidated. the limits or any town, borough or township, before its jwd - & incorporation under the provisions of this act, shall, upon such incorporation, become and be the property of such incorporated town, and shall be held in its cor- porate name, and the several obligations, contracts and debts of said previously existing school district shall be assumed by and shall become and be the obligations, contracts and debts of said incorporated town ; and that the board of education shall possess and exercise all the powers and perform all the duties by law vested in or imposed upon the trustees of school districts ; they shall ofTd e ucaMo b n. ard organize annually by choosing a chairman and a clerk, and may establish schools and provide for their govern- ment, and shall keep all school property in good repair; they shall define and fix the duties and compensation AMENDMENTS TO of their clerk, who shall also perform all duties enjoined proviso. by law on district clerks ; provided, that no property shall be bought or building erected by the said board unless a majority of the voters of the town voting at an annual town meeting shall have voted an appropriation for that purpose ; in case any appropriation for the pur- chase of land and the erection of a school building shall be voted by the electors of the town at any town election, the council shall issue bonds in the corporate name of the town for the amount of such appropriation in such denominations as they shall deem proper; such bonds shall be designated "school bonds," shall bear interest at not exceeding the rate of six per centum per annum, and shall not be sold for less than their par value; they shall be made payable in such manner that at the expiration of three years three-fifteenths thereof shall become due and payable, and thereafter one- fifteenth thereof shall become due and payable annually ; the council shall provide for raising by taxation an- nually, the interest thereon and one-fifteenth of the principal thereof; the proceeds of the sale of said bonds shall be held by the town treasurer, and shall be paid out by him on the warrants of the board of education ; at any time after an appropriation is voted as aforesaid, the board of education may purchase the necessary land and enter into contract for the erection of a school building thereon, the title to which property shall be vested in the town by its corporate name. These sections amend sections 289 and 294, pages 103 and 104. SCHOOL LAW. A Supplement to an act entitled "An act to establish a system of public instruction " [Revision], approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. BE IT ENACTED, by the Senate and General Assembly JilSon to ppro " of the State of New Jersey, That in case any public school Sm?m> a in this State shall (after the date of the establish men t fp^^ 011 of a school library therein) have neglected in any year Chap> xxxiv> or years to raise, by subscription or entertainment, the sum of ten dollars annually, for the establishment and maintenance in such school of a school library and to procure philosophical and chemical apparatus; and such school shall in consequence have failed to receive from the treasurer of the school fund, upon the order of the state superintendent of education, the sum of ten dollars, in any such year or years, for the purposes aforesaid ; the treasurer of the school fund, upon the order of the state superintendent of education, is hereby authorized and directed to pay over to said school, out of the in- come of the school fund, the sum of ten dollars for each year during which such school shall have so neglected to raise, by subscription or entertainment, a like sum for the purposes aforesaid, provided that within one year proviso. from the passage of this act there shall have been raised for such public school, by subscription or entertainment, a like sum for each of such years for the purpose afore- said ; and further provided, that the amount to be paid Prov!s - any one school district under this act shall not exceed forty dollars; and provided further, that the total amount expended under the provisions of this act shall not ex- ceed the sum of one thousand dollars. AMENDMENTS TO Commission of public instruc- tion In cities of the second class having popula- tion exceeding 50,000. P. L. 1892, Chap. xlix. 81. Trrn. Mayor is, ex- offlcio, a member. Powers and duties. An Act to provide for the establishment of a commission of public instruction in cities of the second class in this State, whose population now exceeds or may here- after exceed fifty thousand. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That there shall be established in every city of the second class in this State, whose popu- lation now exceeds or may hereafter exceed fifty thou- sand, a board of education, which shall be composed of and managed and controlled by eight commissioners, to be known as commissioners of public instruction, and not more than one-half of the said commissioners shall be of the same political party ; the said commissioners shall be appointed by the ma} 7 or of such cities for the term of two years; not more than one commissioner shall be appointed from the same ward, except in such cities where there are less than eight wards; the first appointment of commissioners shall be four for one year, and the remainder of the board for two years, so that they shall be divided into classes, one class going out each year; and thereafter there shall be appointed every year an equal number to fill the places of those whose terms expire in that year, and in case of a vacancy in any such office the appointment to fill the same shall be for the unexpired term only and shall be made by the mayor; and the mayor of such cities shall be a member ex-officio of said board and shall be entitled to vote therein in case of a tie; the said commissioners appointed under this act shall perform their duties without pay. 2. And be it enacted, That the commissioners of public instruction appointed under this act shall be and they are hereby invested with and shall possess and exercise all the same powers which by law are now vested in and exercised by the department of public instruction, boards of education, school trustees, commissioners of public instruction, or other such body, by whatever name called, having the management and control of the SCHOOL LAW. 9 public schools in any such cities of the second class in this state, and the said commissioners shall perform the same duties now required of or imposed by law upon ariy such department, boards, trustees or commissioners in any such cities; they shall also adopt such rules and regulations as to the appointment, control, duties, dis- missals and salaries of their officers, teachers or other employees as to them shall seem expedient, and may alter the same at pleasure, except where the term of office or salaries of such officers or employees is now fixed by law; no such officer or employee shall be a member of such commission ; and the salaries of the officers, teachers and other employees of such board* and all other moneys necessary for the use of said board, shall be obtained and paid in the same manner as is now provided by law in any such cities; provided Proviso, that none of the powers and privileges conferred in this act shall be so exercised as to nullify or conflict with the rules and regulations of the state board of education. 3. And be it enacted, That the said commissioners ofgS public instruction, appointed under this act, shall take or subscribe an oath or affirmation before the police* justice of such cities or any other officer qualified to administer oaths, faithfully and impartially to perform the duties of such office, and on the third Monday in 2 e n of com- 1 " April next after this act takes effect, at ten o'clock in the ml88lon ' forenoon, and annually thereafter, shall proceed to organize said board by the election of one of the said commissioners as president for the term of one year. 4. And be it enacted. That the said commissioners of Former boards 7 abolished. public instruction hereby established in such cities of the second class, shall be instead, and shall take the place of, and be in lieu of, any and all other boards of education, departments of public instruction, commis- sioners of public instruction, school trustees, or by what- ever name such offices, officers, departments or boards may be called in such cities, and the offices and terms of office of any and all other commissioners of public 10 AMENDMENTS TO SCHOOL LAW. instruction, school trustees, or boards of education, or departments of public instruction, except those appointed and recognized by this act, shall be and they are hereby abolished, terminated and ended at ten o'clock in the forenoon on the third Monday in April next after this act takes effect. ofcit r y in t! b p 5. And be it enacted, That the board of aldermen^ ms, etc. common COUDC il or other governing body, by whatever name called in such cities, where the said commissioners of public instruction are appointed under this act, shall provide suitable rooms for the transaction of the business of the said board of education and shall procure suitable furniture therefor. corporate name 6. And be it enacted, That the corporate name of such commission shall be known as "The Commissioners of Public Instruction of the City of (here insert the name of the city)." Repealer. 7. And be it enacted, That all acts or parts of acts, general, special or local, and all charters or parts of charters of any city inconsistent with this act be and the same are hereby repealed, and this act shall be deemed a public act and shall take effect immediately.