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ments shall be made a matter of record by the Clerk thereof, in a book to be kept for that purpose.

8. White and colored persons shall not be taught in the same school.

9. No person connected with the free school system Sehool officers of the State, or with any educational institution of any interested in name or grade, under State control, shall be interested sale of books. in the sale, proceeds or profits of any book or other thing used, or to be used therein, under sich penalties as may be prescribed by law; loridel, That nothing herein shall be construed to apply to any work written or thing invented by such person,

10. No independent Free School district, or organiza- Independent tion shall hereniter bs craical, except with the consent of the school district or districts out of which the same is to be created, expressed by a majority of the voters voting on the question.

Districts.

11. No appropriation shall hereaftor be made to any Normal Siate Normal Selvoi, or branch thereof, except to those Schools. alreadly established, and in operation, or now chartered.

12. The Legislature shell foster and encourage moral, Legislature to intollecital, scientific and arricultural improvement; il grovement simshell, wherever it my be practicable, make suitable provision for the blind mute and insane, and for the organization of such institutions of learning as the best interests of generii caueation in the State may demand.

THE SCHOOL LAW.

CHAPTER XLV.

Of Education.

School districts.

Term of office.

Election of

1. Every magisterial district in each of the counties of the State shall be a school district, and the same shall be divided into such number of sub-districts as may be necessary for the convenience of the free schools therein. The present districts and sub-districts shall

remain until changed in the manner prescribed by law. Election of County Super

2. A county superintendent of free schools in each intendent.

county shall be elected by the voters thereof, at the general election held on the Tuesday after the first Monday in November, 1894, and every four years thereafter, whose term of office shall commence on the first day of July next after his election and continue for four years and until his successor shall be elected and qualified according to law.

There shall also be elected at said election, in each President and district of the county, by the voters thereof, and every sluders. Term four years thereafter, a president of the board of educaof office.

tion, whose term of office shall commence on the first day of July next after his election, and continue for four years, and until his successor is elected and qualified according to law. There shall also be elected at the same time in each district in the county by the voters thereof, one commissioner at the general election held on the Tuesday after the first Monday in November, 1894, a successor to the commissioner elected in May, 1891, and every two years thereafter one commissioner, whose term of office shall commence on the first day of July next after their election, and continue for four years, and until their successors are elected and qualified according to law.

The said president and commissioners shall constitute the board of education in the district in which they are elected. No person shall be eligible to more than one office under the provisions of this chapter at the same time. The county superintendent of free schools shall, immediately upon receiving the certificate of election

Board of education; who constitute.

from the commissioners of the county court, forward a written notice thereof to the State Superintendent of Free Schools. In case of a tie in the vote for members of the board Tie vote; how

decided. of education, the county superintendent of free schools shall give the casting vote; and in case of a tie in the vote for a county superintendent of free schools, the presidents of the several boards of education in the county shall, at a meeting called for that purpose, at the court house of the county, by the clerk of the county court, not less than six nor more than twelve days after the result of such election is ascertained, appoint one of the persons receiving the highest number of votes for said office, at the said election, as county superintendent of free schools, who shall give notice as aforesaid to the State Superintendent of his appointment. A notice of such meeting shall be made out by the clerk of the county court, and served upon each president of the board of education in the county at least three days before the day of such meeting, by the sheriff, or other officer, to whom the same may be delivered to be served.

The ballots used at said election shall also have written or printed thereon the words, "For school levy”, or Levy. "Against school levy", as the voter may choose, and the boards of ballot commissioners in the several counties of this State shall have printed at the bottom of each ticket on the official ballot in seperate lines the words "For school levy", and "Against school levy''; and upon the application of the board of education of any district they shall also have printed on said ballots the words, “For Increase in months school", and "Against months school”, length of

· school term. as provided in this chapter.

If a majority of the ballots cast upon the question of laying the school levy in a district, have written or printed thereon, “For school levy”, it shall be the duty of the board of education to make the levies required by the 38th and 40th sections of this chapter, annually, for the next four years; but if a majorty of the ballots cast in a district have written or printed thereon, “Against school levy”, no levy shall be made by said board for the year next succeeding. But it shall be the duty of said board special eleto cause a special election to be held on the Tuesday after the first Monday in November, next thereafter, at when. which the question of levy, or no levy, shall in like manner be again submitted to the people for their decision, and if a majority of the ballots cast at such special election be, “For school levy”, such levy shall be made as herein before required.

Of every such special election the secretary of the Secretary to board of education of the district shall give notice, by election.

tiun; Tor what purpose;

posting the name at each place of voting in the district at least ten days before the day on which the same is to be held. The election to be held on the third Tuesday in May, 1893, for the purpose of electing county superintendonts of free schools in the different counties of this State, and mombors of the various boards of education, shall be held according to law; but their terms of office shall expire as soon as their successors are elected and qalified, at the election to be held on the first Tuesday after the first Monday in November, 1894.

1. A person elected to any office, whether State, county or district, must be a resident of the political division to which his powers and duties are limited, (Beo Code, chap. vii, sec. 8.)

Commissloner of election,

8. Any person who may act as commissioner of any election, held under any of the provisions of this chapter, who shall wilfully reject the vote of any person entitled to vote at said election, or receive the vote of any person not so entitled, or who shall knowingly make any false return of the result of any such election, or of any poll held at any place of voting, shall be guilty of a misdemeanor, and fined not less than fifty dollars, and imprisoned not less than twenty days.

4. At the meeting of the district board of education, appointment held on the first Monday in July, 1881, they shall ap

point three intelligent and discreet persons, as trustees for each sub-district in their district, one of whom shall be appointed for one year, one for two years, and one for three years; and the board of education shall thereafter annually appoint one trustee, who shall hold his office for three years; and the said trustees shall hold their respective offices until their successors are appointed and qualified.

Trustees;

of

Vacancies,

5. Vacancies in the office of school trustee shall be filled by the board of education for the unexpired term; and in the board of education, by the county superintendent of free schools, for the unexpired term.

II. The appointment of a person to fill a vacancy of president of the board of education makes such person president of the board.

III. Vacancy in the office of county superintendent is filled by the presidents of the boards of education.

IV. Section 3 of Article XII. of the Constitution provides that the Legislature may provide for county superintendents and other school otticors and defines their duties, powers and compensation. Section 6 of chapter 46 delegates to the county superintendent the power to fill vacancies in the board of education for the unexpired term. I do not think section 7 of Article IV. of the Constitution or sections 8, 9 or 10 of chapter 4 of the Code control as to apportionment of members of boards of education. I am, therefore, of the opinion that persons appointed by the county superintendent to fill vacancies in the board of education hold for the unexpired term.--T. S. Riley, Attorney-General.

5a. Every school trustee, and every president Time in which and commissioner of the board of education elected to qualify. within this State shall, within ten days after his election has been duly declared, qualify as such by taking and subscribing, before some one duly authorized to administer oaths, within his county, the oath of office prescribed by section five of article four of the Constitution, which oath shall be filed with the secretary of the board of education of his district.

year on the

6. The boards of education of the several districts Boards of

Educatfon; shall hold their first meeting for each school

first meeting. first Monday in July. At this meeting they shall determine the number of teachers that may be employed in the several sub-districts and fix the salaries that shall be paid to the teachers. In determining the salaries, they shall have regard to the grade of teachers' certificates, fixing to each grade the salary that shall be paid to teachers of said grade in the several sub-districts, as follows: Teachers having certificates of the grade of number one, shall be paid not less than twenty-five dollars per month; those holding certificates of the grade of number two, not less than twenty-two dollars por month; and those holding certificates of the grade of number three, not less than eighteen dollars per month. And the trustees of the several sub-districts shall in no case transcend or diminish the salaries so fixed in any contract they may make with teachers.

A quorum of the board of education shall consist of Quoram. a majority of the members thereof, and in the absence of the president one of said members may act as such; but they shall do no official business except when assembled as a board, and by due notice to all the members, except that the president and secretary may sign orders upon the sheriff for any sum of money which may have been already ordered to be paid.

The members of the board of education shall receive as compensation for bis services the sum of one dollar on. and fifty cents per day, to be paid in like manner as the salary of the clerks of the boards of education; Provided, That no member shall receive pay for more than six days' services in any one year.

ompensa

V. A board of education has no authority to andola teacher's certifcate for any cause. Only the county board of examiners can do this.

VI. Boards of education in the term of school for the whole district.

VII. If a sub-district for any canse fail to have a school in any year it can not have a longer term than the other schools of the district in the follow. ing year.

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