the name and age of every scholar who attended the school during said term; the daily attendance, distinguishing between males and females; the branches taught, and the number of scholars engaged in each month in the study of each branch, and such other particulars as are necessary to enable the secretaries of the boards of education, or directors, to make the reports required of them. The State Superintendent of free schools shall prescribe such form and regulations, respecting the register to be kept and reports to be made by the teachers, as shall seem to him necessary.

failure to

At the close of each term the register thereof shall be Penalty for returned by the teacher to the office of the secretary of return term the board of education for the district, who shall file the register. same and unless such register be properly kept and returned, the teacher shall not be entitled to demand payment of the balance due on his salary.

Teachers shall be paid monthly, and by orders on the Teachers to be paid sheriff or collector, signed by the secretary and president monthly. of the board, which said orders when signed as aforesaid and delivered to the teacher shall be deemed at once due and payable. Where any teacher has taught according to his contract, for one month, the trustees for the sub-district in which he has so taught, shall certify the fact to the secretary of the district board, whereupon he shall receive from said secretary an order upon the sheriff or collector of the county, signed by the secretary and president of the board of education for one month's salary; but in no case shall such order be given, unless the monthly report containing the facts required in the preceding part of this section, to be shown in the term register, be first duly made out and returned to the secretary.

The school month shall consist of twenty days, exclud- school month. ing Saturdays, all of which shall be devoted to teaching the school contracted for.

Institutes.

As a means of improving the teachers, and fitting Teachers' them for more effective service in the free schools of the State, teacher's institutes shall be held annually throughout the State, one or more in each county; they shall be held at such times and places as the State Superintendent shall, with the advice of the county superintendent, direct, and shall continue each for one week of five days; they shall be conducted by experienced and skillful institute instructors, who shall be appointed by the State Superintendent, but it shall be a part of the duty of the county superintendent, under the instructions of the State Superintendent, to make all proper arrangements for the institutes, and to assist in conducting them.

Instructors' compensation.

Examination.

Graded course of institute work.

Graded course of profes

The instructors whom the State Superintendent shall employ, as herein provided, shall each receive for his services not more than twenty-five dollars for each institute he may instruct, to be paid out of the general school fund, on a proper order of the State Superintendent, but the aggregate amount of such compensation for the whole State shall not exceed one thousand dollars.

At the close of the institutes, as herein provided, and during the week following, the county board of examiners shall hold one of the two examinations prescribed in section twenty-eight: Provided, That no examina-. tion shall be held or certificate granted until after the first day of the school year in which said certificates are to be used.

It shall be the duty of the State Superintendent to prescribe a graded course of institute work covering a period of two years, and the methods of conducting the same, together with such other details connected there with as he shall deem conducive to their usefulness and efficiency.

It shall also be the duty of the State Superintendent sional study. to prescribe a graded course of professional study covering a period of two years, which shall embrace history of education, school management, methods of Who exempt teaching and educational psychology. Any teacher who from institute has completed the graded course of institute work and the graded course of professional study, and passed a satisfactory examination thereon, and also obtained a number one teacher's certificate, shall be exempt from further compulsory institute attendance.

attendance.

Failure or refusal to attend institute.

Any teacher not exempt from institute attendance who shall fail or refuse to attend at least one institute annually, held under the provisions of this section, unless such teacher shall have an excuse therefor, sufficient in the judgment of the board of examiners to which such teacher may apply for examination, shall not be entitled to examination or be employed to teach any free school during the year within which such failure or refusal may have occurred.

LXXXIX. The secretary of the board should carefully examine the monthly summary which the teacher files at the end of each month, for it should contain a summary of what the teacher is recording in his term register, which is to become the chief basis of the secretary's report to the county superintendent. In no instance should the secretary issue the teacher's order for his last month's salary until the term register is found to contain all data required by the above section, to be recorded in it.

XCI "The applicant for examination for a teacher's certificate must have attended one institute during the year or have an excuse for not so atterding sufficient in the judgment of the board of examiners to entitle such applicant to be examined. Such attendance within the year, or such excuse is a condition precedent to the right to be examined."—Alfred Caldwell, Attorney General.

XCI. When only a few days of a school term run into a new year the school may be reported in the old year, but if a month or more of the school runs into the new year, then it should all be reported in that year.

XCII. The per cent of attendance and absence should make 100 without the per cent. of non-membership.

XCIII. In making reports to the secretary, teachers should not count children of the sub district not enrolled in the school-when a child is once enrolled he should be accounted for during the whole term, both before and after he is enrolled.

XCIV. It is the duty of the presidents and secretaries of the boards of education to issue orders for money directed to be paid by the board.

XCV. The following excuses are deemed of sufficient importance in all departments of life and may be regarded good for non-attendance at the institute: Sickness, death of a near relative, and attendance at court under summons. Frivolous and petty excuses should not be accepted.

XCVI. "The trustees, if they employ a teacher who has not complied with the law requiring teachers to attend institutes, violate their oath of office, and ought themselves to be removed if it is done wilfully."—Alfred Caldwell, Attorney-General.

XCVII. The holding of an examination or the issuing of a certificate in any year prior to the first day of July is prohibited by law, The school year begins with that date, and all certificates should be issued with reference to it. If a certificate-good for one year, be issued in the autumn cr later, it terminates with the first day of the ensuing July, and so with a two or four years' certificate issued at the same time would end with the first day of July two or four years hence.

31. In contracts with teachers, it shall be understood Holidays. that school is not to be kept in operation for ordinary instruction on the first day of January, fourth day of July, or the twenty-fifth day of December, nor any National or State festival or Thanksgiving day; but the month or time mentioned in such contract shall nevertheless be computed as if the said days were included.

XCVIII. The day of election is not a national or State festival or thanksgiving day and does not come under the provisions of section 31 of chapter 45 of the Code, and therefore teachers are not entitled to credit for this day.-T. S. Riley, Attorney-General

XCIX. I think from a liberal construction of section 31 that it is intended that in months in which there is a holiday the number of days actually taught is one less than the number required by law for months in which there is no holiday. In taking this view I think the teacher would be entitled to credit for Christmas, but not for the day previous on which the school was not in session.-T. S. Riley, Attorney-General.

32. All teachers, boards of education, and other school Teaching officers are hereby charged with the duty of providing morals. that moral training for the youth of this State which will contribute to securing good behavior and manners,

and furnish the State with exemplary citizens. It shall Building fires. also be the duty of every school trustee to see that the school house is kept clean and in good order, and that fires, when necessary, are made and kept therein, but no expense shall be incurred therefor, to exceed fifty cents per week, and the amount thus expended shall be certined by the trustees to the board of education, and shall,

President of Board shall examine all

sold.

if correct, be paid out of the building fund of the district.

C. I am of opinion, that under the foregoing provision, trustees have the power to incur the expenses therein provided for, and that where it is necessary, in order to comply with the requirements of said provision, they not only have the power, but it is their imperative duty to incur the expense necessary to that end-not exceeding fifty cents per week. I am further of opinion that, upon a proper certificaie of the expenditure of such amount being furnished the board of education of the district in which such expenditure is made, it will be the duty of said board to provide for the payment of the same out of the building fund of the district, provided, of course, the account is correct.

The board of education can make no order by which this power or duty can be taken from the trustees The law on this subject is explicit, and contemplates a specific compliance therewith.

There is no conflict between the above quoted provisions and others of chapter 45. The board of education have the "power of revisal and correction" as to this provision, to the extent of seeing that the amount expended is correct, but not to the extent of nullifying a plain provision of law-C. C. Watts, Attorney-General.

trustees.

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CI. Persons building fires should have a definite contract with the "The Legislature intended by enacting § 32 to compel the trustees to have school houses kept clean, fires made and kept, &c., by expenditures out of the building fund. The trustees have no right to alter the form of appointment prescribed by the State Superintendent so as to make it a duty of the teacher to do this work for the salary he is to get out of the 'teacher's fund.' * * I fully concur with the opinion given by my predecessor (General Watts) upon the section named."-Alfred Caldwell, Attorney-General.

33. The president of the board of education of every district shall, at least once a year, examine the school school houses. houses and school house sites in the district, and report the condition of the same to the board; and such as are, in their judgment, properly located and are sufficient, or can with reasonable expense be rendered so, shall be retained for the use of public schools, and the remainder, with the consent of the county superintendent, School build shall be sold at public auction or otherwise, by the ings may be board of education, and on such terms of sale as the board may order and the proceeds added to the building fund: Provided, That the grantor or his heirs of any such school house site shall, if he or they so desire, have the same reconveyed to him or them, without the buildings thereon, (if any), upon paying to the board of education the amount received by such grantor for such site; or in case no compensation was paid therefor, the same shall be so reconveyed free of charge. In case of such reconveyance, the building on such site (if any) shall be sold, as hereinafter provided, with privilege to the purchaser to remove it from off such site in a reasonable time. This proviso shall not be construed to apply to any school house lot within any village, town or city.

CII. I am of the opinion that the board has the right to sell the old school house notwithstanding the fact that the legal title had not been conveyed. This was an inadvertance that no one can take the advantage of. The equitable title was in the board. I think the board can sell the house es provided in section 33 of chapter 45 of the Code."-T. S. Riley, AttorneyGeneral.

suitable

34. The board of education of every district shall The board provide by purchase, condemnation, leasing, building shall provide or otherwise, suitable school houses and grounds in houses, their districts, in such locations as will best accommo- grounds, &c. date the inhabitants thereof, and improve such grounds and provide such furniture, fixtures and appliances for the said school houses, as the comfort, health, cleanliness and convenience of the scholars may require, and keep such grounds, school houses, furniture, fixtures and appliances in good order and repair: Provided, That in case such boards of education shall be unable to agree upon a proper location for a school house in any sub-district, such location shall be decided by the county superintendent.

ing school

building in

Boards of education in adjoining districts or counties Districts may may jointly provide for the erection of school houses join in erectfor the accommodation of adjoining portions of dis- houses. tricts or counties, for high schools, union schools or subdistrict schools, which from local causes, can not be conveniently attached to sub-districts in the districts or counties to which they belong. The title to such houses Title to joint shall be vested in the board of education having super- vested in. vision of the sub-district containing the greatest number of children, and terms indicating a trust for the purpose aforesaid shall be introduced into an agreement made between the boards of education interested. Such school houses shall be provided with furniture, fixtures and such other appliances as are supplied to school houses generally. An equitable amount shall be assessed on each district interested, by the respective boards of education, for the purpose aforesaid." Boards of education shall in every case require bond of all contractors, with approved security, in double the amount of the contract for building or repairing school houses.

interested in

No county superintendent, board of education, or any officers not to member thereof, or trustee of any sub-district, shall, be personally directly or indirectly, become personally interested in contract. any contract for building or repairing school houses in his or their district; and any county superintendent, member of such board, or any trustee, violating this section, shall be guilty of a misdemeanor and fined not less than one hundred dollars.

CIII. "The length of a school term in union schools must be determiued by the term fixed by the district in which the school is located, for its schools. The trustees of the sub-district of the location of the school would control the school house, &c. All the boards of education of the district out of which the pupils are sent have to do, is to pay a just part of the expense of the union school."-Alfred Caldwell, Attorney-General."

CIV. In case the land owner, on whose land a school house is built by a board of education before a deed is delivered therefor, refuses to make the deed, proceedings in a court of equity may be instituted by the board to compel the specific performance of the contract.