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and until their successors shall be elected and qualified. The persons so elected shall, within five days after their election, file in the office of the clerk of said district, their several oaths to support the Constitution of the United States and the Constitution of the State of Minnesota, and that they will discharge their duties as members of the board of education for said district to the best of their ability.

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SEC. 5. That said directors and their successors in office shall be a body corporate, by the name of "The Directors to be a Board of Education of (the name of the city, powers of Board town, village or township,) and as such and by such name of Education. shall have perpetual succession, and shall receive all moneys and other property belonging or accruing to said district, or to said city, town, village, or township, or any part of the same for the use or benefit of the public schools therein, and shall succeed to all the rights and be subject to liabilities of the same, and the said board shall be capable of contracting and being contracted with, suing and being sued, pleading and being impleaded, in any court of law or equity, and shall also be capable of receiving any gift, grant, bequest, or devise, made for the use of the public schools in said. city, town, village, township or district, and all moneys accruing to said city, town, village, township or district, under any law of this State for the use of the public schools therein, shall be paid over to the treasurer of said board of education.

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SEC. 6. That said board shall, within ten days after their election as aforesaid, and annually thereafter on the first Monday in April, meet and organize by choos- meet-officers of ing from their number a president, clerk, and treasurer, o who shall hold their offices, as such, for one year, and until their successors shall be elected and qualified. The board of education may also elect, by ballot, a school superintendent, who shall hold his office during the pleasure of the board; who shall receive such compensation as may be fixed by the board. The superintendent shall be, ex-officio, member of the board of education, but not entitled to a vote therein. The board may, for satisfactory reasons, remove any member or officer of the board, and fill the vacancy. Provided, That no member shall be removed except by a

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concurrent vote of at least four members of the board, and at a meeting of which he shall have been duly notified.

SEC. 7. No member of said board shall receive any compensation for his services, except the clerk and treasurer, whose compensation shall be fixed by the board.

SEC. 8. Four members of said board shall constitute a quorum for the transaction of business, at any regular or special meeting.

SEC. 9. In case of vacancy, the board of educatior. shall have power to fill the same by appointment, until the next annual district election, when the electors of said district may choose a suitable person to fill the remainder of such term. Provided, The clerk of said board shall give notice of such vacancy, as may be required in other cases.

SEC. 10. The superintendent shall visit the schools of the district and report their condition to the board, as often as the board shall prescribe; he shall superintend the grading of the schools and examinations for promotion, and shall perform such other duties as the board shall prescribe.

SEC. 11. The president and clerk shall file in the office of the clerk of the district, their written acceptance of office as such. The president shall preside at all meetings of the board and district, (except, that a president pro tempore may be chosen in his absence), shall sign all orders drawn upon the treasurer for moneys voted to be paid by said board, and perform such other duties as the board may prescribe.

SEC. 12. The clerk shall act as clerk of the district as well as of the board, (except that in his absence a clerk pro tempore may be chosen), shall keep a record of the proceedings of all district meetings as well as of the meetings of the board, and of all reports made County Auditor by him to the County Auditor, and shall keep an account of the expenses of said district, and a correct and full list of the property of said district; shall furnish to the County Auditor.on or before the first day of September, in each year, an attested copy of his record, stating the amount of money voted to be raised by the district for school purposes at any annual or

special meeting, or by the board of education; he shall give due notice of all meetings of the district, shall, upon the order of the board, draw and sign orders upon the treasurer of the district for the payment of money, stating in every such order the consideration. for which it was drawn, and the name of the person rendering such consideration, and the particular fund upon which it is drawn, and shall take a receipt for every such order from the person to whom the same is delivered, and preserve the same; he shall keep all records, books and papers belonging to his office, and deliver the same to his successor. He shall, between

the first and fifteenth days of October, in each year, To make report to make and transmit to the County Auditor, a report in County Auditor, writing, showing:

1st. The names of all persons, male and female, respectively residing in the district on the first day of September preceding the date of his report, between the ages of five and twenty-one years.

2d. The number of those who have attended the schools during the year.

3d. The length of time schools have been taught by qualified teachers, and the wages paid them by the district.

4th. The amount of money received from the County Treasurer from the money apportioned by the County Auditor.

5th. The amount of money received from taxes voted to be raised by the district; the purposes for which they were raised; the manner in which said amount has been expended; the condition of school houses and grounds; the kind of books used, and such other facts as the State Superintendent may require; which report shall be verified by oath before some competent person.

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Any failure on the part of said clerk to make report to the County Auditor as provided in this act, shall be deemed an indictable misdemeanor, punishable by a Penalty for nonfine not exceeding five hundred dollars, which shall be compliance with applied to the use of the district. Said clerk shall act. furnish to each teacher, before the commencement of any school, and as often thereafter as may be deemed

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necessary, a school register. Said clerk shall perform such other duties as may be designated by said board. SEC. 13. The records of said board, signed by the president, or a transcript thereof, or any part thereof and all papers belonging to the office, or a transcript thereof, certified by the clerk, shall be prima facia evidence of the facts therein stated, and all records, books and papers belonging to said board, shall be subject to the inspection of any legal voter of said district.

SEC. 14. It shall be the duty of the treasurer, before entering upon the duties of his office, to execute a bond to the board of education in double the amount of money, as near as can be ascertained, which will come into his hands, as treasurer, during the year, with not less than two sureties, to be approved by said board, and conditioned for the faithful discharge of his duties as treasurer. Such bond shall be filed with the clerk of the board, and in case of any breach of the condition thereof, the board shall cause a suit to be commenced thereon in the name of the Board of Education, and the money recovered shall be applied to the use of the district. Said board may require said treasurer to give additional security from time to time. Said treasurer shall receive, and upon the order of the board, signed by the clerk and president, pay out all moneys belonging to the district, paying each order only out of the particular fund upon which it is drawn, and shall keep an accurate, detailed and separate account of each fund coming into his hands, in a book or books provided for that purpose. Said treasurer shall, within the three days preceding the last Saturday in March in each year, file with the clerk of the board, a report in writing, signed by him, and containing a statement of all the moneys received by him, during the year preceding, and of all his disbursements. report shall be examined by the board (before which the treasurer shall exhibit his vouchers) before the annual meeting of the district, and be approved or disapproved by resolution entered upon the records of said board. Said treasurer shall make such reports of the business of his office as may be called for by the board at any time. He shall keep all records, books and papers belonging to his office, and deliver the same

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SEC. 15. Said board may hold stated meetings at such times and places in said district as they may ap- Time and place of point. Special meetings thereof may be called by the holding stated president, or by any two members, on giving one day's call special meetnotice of the time and place of the same, and said ings. board, by resolution, shall direct the payment of all moneys that shall come into the hands of the treasurer, and no money shall be paid out of the treasury except in pursuance of such resolution, and on the written order of the clerk, countersigned by the president.

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SEC. 16. That whenever said board shall deem it necessary to purchase or erect a school house, or school When meeting of houses for said district, or to purchase sites for the be called-limit of same, they shall call a meeting of the legal voters of taxation. the district, by giving ten days' notice of the time and place, and object of said meeting, in some newspaper printed, and in general circulation in said district, if any such there be, and if there be no such newspaper, then by posting up written or printed notices thereof in five or more of the most public places in said district, and said meeting may determine by a majority vote upon the erection of a school house or school houses, and the purchase of a site or sites therefor, and the amount of money to be raised for the purposes aforesaid, and the time or times when the same shall be paid, which moneys so voted, shall be thereupon certified by the board of education by its chairman and secretary, to the Auditor of the County, and shall be assessed in said district, collected and paid over to the treasurer of said district. Provided, That no tax shall be levied in any one year, exceeding eight mills on the dollar, for the purpose of building a school house or school houses, or procuring sites therefor.

SEC. 17. The Board of Education shall have power, and it shall be their duty,

1st. To establish and organize such grades of schools, alter and discontinue the same, in said district, as they may deem expedient.

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