Book .ki.. 



iB6r> 



OFFICIAL 130NATI0N. 



"•'WvjKMuSPj 










•^S^^SP^^ST^ 



SCHOOL LAWS 



STATE OF ALABAMA, 



BLANK FORMS AND INSTRUCTIONS, 



AS PEEPABED BTi THE 



BO^R^r> OF Er>XJO JLTIOIV. 




MONTGOMERY, ALA. 

J. &. STOKES & CO., STATE PRISTTEBS, 

1870. 



^ 



SCHOOL LAWS ^o, 



ST^TE OF ^L^Bi^M^, 



'">!'^i->Jo:ii iXX<i^. 



BLANK FORMS AND INSTRUCTIONS, 



AS PEEPAKED BY THE 



BOAKD OF EI>XJCA.TIO]V. 



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MONTGOMEEY, ALA.: 

JOHN a. STOKES & CO., STATB FBINTXBS. 

1869. 



StP 23 igi 
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:pi^E:Fj?^aE. 



At the late meeting of the Board of Education, 
November 16th, 1869, a committee was appointed to col- 
late and codify the school laws of the State, that are in 
force, as passed by the Board of Education under the new 
Constitution of 1867, and also those in the Eeyised. Code, 
that were legalized and adopted by the Board at its first 
session in 1868, with all the resolutions and rules of the 
Board, affecting the Eree Public School interest of the 
State. The committee commence the volume with that 
section of the Constitution on Education ; then follow the 
several laws providing revenue for the support of the Free 
Public Schools. Next come the laws defining the duties 
of the several school officers, and then the laws providing 
for and governing the schools. In this volume will also be 
found a catalogue, with the prices of the national series of 
books, recommended for use in the Free Public Schools of 
the State ; also, the forms of blanks required by law. 

MoNTGOMEEY, Ala., January ,lst, 1870. 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Hon. N. B. CLOUD, M. D. 

BOARD OF EDUCATION. 

First District. 

Hon. G. L. Putnam, 
Hon.' Wm. P. Millee. 

Third District. 

Hon. Thos. A. Cook. 

FourtU District. 

Hon. Jesse H. Booth. 

Fifth District. 

Hon. James Nichols, 
Hon. Wm. H. Clayton. 

Sixtli District. 

Hon. G. a. Smith, 
Hon. a. B. Collins. 



CONSTITUTION^. 

AETICLE XI. 

EDUCATION. 

§ 1. The common schools, and other educational institutions of the 
State, shall be under the management of a Board of Education, 
consisting of a Superintendent of Public Instruction and two mem- 
bers from each Congressional District. 

The Governor of the State shall be ex officio a member of the 
Board, but shall have no vote in its proceedings. 

§ 2. The Superintendent of Public Instruction shall be President 
of the Board of Education, and have the casting vote in case of a 
tie ; he shall have the supervision of the public schools of the State, 
and perform such other duties as may be imposed upon him by the 
Board and the laws of the State. He shall be elected in the same 
manner and for the same term as the Governor of the State, and re- 
ceive such salary as may be fixed by law. An office shall be assigned 
him in the capitol of the State. 

§ 3. The members of the Board shall hold office for a term of four 
years, and until their successors shall be elected and qualified. After 
the first election under the Constitution, the Board shall be divided 
into two equal classes, so that each class shall consist of one member 
from each District. The seats of the first class shall be vacated at 
the expiration of two years from the day of election, so that one-half 
may be chosen biennially. 

§ 4. The members of the Board of Education, except the Super- 
intendent, shall be elected by the qualified electors of the Congres- 
sional Districts in which they are chosen, at the same time and in 
the same manner as the members of Congress. 

§ 5. The Board of Education shall exercise full legislative powers 
in reference to the pubHc educational institutions of the State, and 
its acts, when approved by the Governor, or when re-enacted by two- 
thirds of the Board, in case of his disapproval, shall have the force 
and effect of. law, unless repealed by the General Assembly. 

§ 6. It shall be the duty of the Board to establish, throughout the 
State, in each township, or other school district which it may have 
created, one or more schools at which all the children of the State, 



6 

between the ages of five and twenty-one years, may attend free of 
charge. 

§ 7. No rule or law affecting the general interest of education shall 
be made by the Board without the concurrence of a niajority of its 
members. The style of all acts of the Board shall b'e, " Be it en- 
acted by the Board of Education of the State of Alabama." 

§ 8. The Board of Education shall be a body politic and corporate, 
by the name and style of the Board of Education of the State of 
Alabama. Said Board shall also be a Board of Kegents of the State 
University, and when sitting as a Board of Regents of the Univer- 
sity, shall have power to appoint the President and the Faculties 
thereof. 

The President of the University shall be ex officio a member of 
the Board of Begents, but shall have no vote in its proceedings, 

§ 9. The Board of Education shall meet annually at the seat of 
government at the same time as the General Assembly, but no ses- 
sion shall continue longer than twenty days, nor shall more than one 
session be held in the same year, unless authorized by the Governor. 
The members shall receive the same mileage and daily pay as the 
members of the General Assembly. 

§ 10. The proceeds of all lands that have been or may be granted 
by the United States to the State for educational purposes ; of the 
swamp lands ; and of all lands or other property given by individu- 
als or appropriated by the State for like purposes ; and of all estates of 
deceased persons who have died without leaving a will or heir ; and 
all moneys which may be paid as an equivalent for exemption from 
military duty, shall be and remain a perpetual fund, which may be 
increased but not diminished, and the interest and income of which, 
together with the rents of all such lands as may remain unsold, and 
such other means, as the General Assembly may provide, shall be 
inviolably appropriated to educational purposes, and to no other 
purpose whatever. 

§ 11. In addition to the amount accruing from the above sources, 
one-fifth of the aggtegrate annual revenue of the State shall be de- 
voted exclusively to the maintenance of public schools. 

§12. The General Assembly may give power to the authorities 
of the school districts to levy a poll tax on the inhabitants of the 
district in aid of the general school fund, and for no other pur- 
pose. 

§ 13. The General Assembly shall levy a specific annual tax upon 
all Railroad, Navigation, Banking, and Insurance corporations, and 
upon all Insurance and Foreign Bank and Exchange Agencies, and 
upon the profits of foreign bank bills issued in this State by any 
corporation, partnership or persons, which shall be exclusively de- 
voted to the maintenance of public schools. 

§ 14. The General Assembly shall, as soon as practicable, provide 
for the establishment of an Agricultural College, and shall appro- 
priate the two hundred and forty thousand acres of land donated 



to this State for the support of such a college, by the act of Con- 
gress, passed July 2, 1862, or the money or scrip, as the case may 
be, arising from the sale of said land or any lands which may here- 
after be granted, or appropriated for such purpose, for the support 
and maintenance of such college or schools, and may make the 
same a branch of the University of Alabama for instruction in 
agriculture, in the mechanic arts, and the natural sciences connected 
therewith, and place the same under the supervision of the Regents 
of the University. 



1869. 8 

SCHOOL EEVENUE. 

§ 1. There sliall be assessed upon and collected from 

Seesec.4E6v®"^®^y male inhabitant in this State over the age of 

laws of Ala. twenty-one years and under forty-five, the sum of one 

dollar and fifty cents, as poll tax, vi^hich shall be applied 

.exclusively in aid of the public school fund. 

§ 2. The proceeds of all lands that have been or may 
be granted by the United States to the State for educa- 
tional purposes ; of the swamp lands ; and of all lands 
or other property given by individuals or appropriated 
by the State for like purposes ; and of all estates of de- 
Sec. 10 Con- ceased persons who have died without leavinsr a will or 

Btitution. ,. in I'l 1 •! 

heir ; and all moneys which may be paid as an equiva- 
lent for exemption from millitary duty, shall be and 
remain a perpetual lund, which may be increased but 
not diminished, and the interest and income of which, 
together with the rents of all such lands as may remain 
unsold, and such other means, as the General Assembly 
may provide, shall be inviolably appropriated to educa- 
tional purposes, and to no other purpose whatever, 
sue § ^' O^'S'fi^^^ o^ ^^6 aggregate annual revenue of the 

stitution. " state shall be devoted exclusively to the maintenance of 
public schools. 

§ 4. The General Assembly shall levy a specific annual 
tax upon all Railroad, Navigation, Banking, and Insur- 

stUuUon. ^°'^" ance corporations, and upon all Insurance and Foreign 
Bank and Exchange Agencies, and upon the profits of 
foreign bank bills issued in this State by any corpora- 
tion, partnership or persons, which shall be exclusively 
devoted to the maintenance of public schools. 

§ 5. The annual interest at eight per cent, on that part 

stirprs rev'nue °^ *^® si:frplus revenue of the United States, deposited 
with this State, under the act of Congress of the 23d 
of June, 1836. 

Valueless 16th ^ ^* ^^^ annual interest, at eight per cent., on the 

section fund, proceeds of the sale of certain lands granted by the 

United States for the use of schools in the valueless 16th 

sections in this State, under the act of Congress of the 

11th of August, 1848. 

16th section § '^' "^^^ annual interest, at six per cent, on the fund 

fund. which has accrued, or may hereafter accrue from the 

sales of the 16th sections of the several townships of this 
State. 
Direct appro- § 8. The annual appropriation from any money in the 

pnation. Treasury not otherwise appropriated of such a sum, not 
to exceed one hundred thousand dollars. 

§ 9. Each and every county in this State, except 



9 1869. 

the county of Mobile, is hereby authorized to raise 
annually by special tax (in the same manner as other 
county taxes shall be levied) upon real and personal 
property within the county, an amount of money not 
exceeding ten cents on each one hundred dollars of valua- 
tion, for the support of the common schools therein, and 
for providing suitable houses, and purchasing libraries 
and apparatus for such schools. 

§ 10. Any person who, without authority, cuts down, 
injures, or destroys any tree on school lands, shall for- g^^ gg^ j^g, 
f eit and pay for every such tree ten dollars, to be re- vised" Code. 
covered before any court having jurisdiction, in the cor- 
porate name of the township ; and every trespasser on 
school lands is guilty of a misdemeanor, and on convic- 
tion must be fined not less than three times the amount 
of the injury occasioned by such trespass. 

§ 11. All fines and forfeitures under the preceding 
section are to be paid into the state treasury, and added ^fg^^'^olg-^®" 
to the principal of the school fund of the township. 



ACTS OF THE BOARD OF EDUCATION. 



AN ACT 
To provide lor the opening of schools. 

Section 1. Be it enacted hy the hoard of education of 

the State of Alabama, That the county superintendents 

of the several counties be, and are hereby authorized and 

instructed to open schools in all the school districts on 

^^^^°^^*°^^the first Monday in October next, as far as practicable. 

Sec. 2,' Be it further enacted, That in the interim, the 
county superintendent may open a school or schools in 
any township for which he has unappropriated moneys 
belonging exclusively to said township. 

Approved, August 11, 1868. 



AN ACT 

To provide for the payment of outstanding claims for 
the maintenance of schools. 

Be it enacted hy the hoard of education of the State of 
Alahama, That any moneys now in the hands of any 
ofiicer, state or county, or municipal, raised by taxation 
or otherwise for the support of schools, prior to July 
1st, 1868, shall be used for the payment of any unset- 
claimY."^^*^^^'^^ *l6<i claims for services rendered prior to the 25th day of 
July, 1868, by any association, society or teacher, for the 
maintenance of schools without regard to race or con- 
dition, upon the warrant of the county superintendent, 
accompanied with his certificate that the same are cor- 
rect and justly due. 

Approved, August 11, 1868. 



11 1869. 

AN ACT 

To repeal and to adopt certain acts in the Eevised Code 
of Alabama, pertaining to education. 

. Section 1. Be it enacted hy the hoard of education of ^^^ ^^^^^^^ 
the State of Alabama, That all laws or parts of laws now 
in force in the State of Alabama, in the Eevised Code 
pertaining to the subject of education, or in any way 
connected therewith, conflicting with any law or laws 
passed by this board at its present session, be, and the 
same are hereby repealed. 

Sec. 2. Be it further enacted, That all laws on the l^ws adopted, 
subject of education now in force in the Revised Code, 
not conflicting with the laws passed by this board of 
education, are hereby adopted. This act to take effect 
from and after its passage. 

Approved, August II, 1868. 



AN ACT 

To provide for the election of county superintendents 
and other school offlcers. 

Section 1. Beit enacted hy the hoard of education of the 
State of Alabama, That there shall be elected at the next ^§°^^^l^^^' 
general election in 1870, a school oflicer to be called a 
county superintendent of education, whose compensa- 
tion sh^ll be as heretofore fixed. If the person so 
elected fail to accept, or a vacancy should occur in such faiim-e. 
office, then the superintendent of public instruction 
shall appoint some one to hold the office until the next 
general election, such appointment to be subject to the 
approval of the board of education. The county su- ^^^^ 
perintendent must, before entering upon the duties of 
his office, file the oath of office as prescribed by the con- 
stitution. 

Sec. 2. Be it further enacted, That there shall be elected 
in each township, on the first Monday of May, 1870, and TruJe™^^ 
every two years thereafter, three township trustees, by 
the qualified voters thereof, whose duties shall be as 
heretofore prescribed ; such election to be held as pro- 
vided in the Eevised Code of Alabama. 

Approved, August 11, 1868. 



1869. 12 

AN ACT 
To take control of the unexpended school funds. 

Be it enacted by the hoard of education of the State of 
Alabama, That all surplus moneys belonging to the 
school fund of the State of Alabama, now in the hands 
^eygJP^"^ ^°' of county superintendents, school trustees or other local 
school authorities, except the 16th section funds, must 
be held subject to such disposal as the board of educa- 
tion may hereafter direct, to take effect immediately upon 
and after the passage of this bill. 

Approved, July 30, 1868. 



AN ACT 

To authorize county superintendents of education to 
investigate the condition of school funds. 

Section 1. Be it enacted by the board of education of 
the State of Alabama, That the county superintendent of 
DeKaib county education for DeKalb county be required, and he is 
hereby authorized to examine into the true condition of 
the school funds of said county, known as the " Eay 
school fund," also the condition of the 16th section fund 
of township 6, range 9, of said county, and report the 
same to the superintendent of public instruction. 

Sec. 2. Be it further enacted, That it shall be the duty 
. of each county superintendent of education to examine 
Motility funds, into the condition of all the school funds of his county, 
including the the 16th section fund, and report the same to 
the superintendent of public instruction, and said county 
superintendents of education are hereby authorized to 
send for such persons and papers as may be necessary 
to make such investigation. 

Approved, August 11, 1868. 



AN ACT 

To promde for the officers and pay of a secretary, ser- 
geant-at-arms, and page, for the board of education. 

Be it enacted by the board of education of the State of 



13 1869. 

Alabama, That there shall be elected at the sitting of 
each session of the board of education of the State of 
Alabama, for the benefit of said board, one secretary, oflacers. 
one sergeant-at-arms, and one page, whose duties to said 
board shall be the same as like officers of the house of 
representatives, and who shall receive the same com- compensation, 
peijsation per diem for their services. 
Approved, August 11, 1868. 



AN ACT 

To declare null and void contracts made by existing 
school authorities. 

Be it enacted hy the hoard of education of the State of 
Alabama, That all contracts that may hereafter be en- AnnuUin 
tered into by the present local school authorities of the contracts. 
State of Alabama, be, and are hereby declared null and 
void. This act to take effect immediately upon and after 
its passage. 

Approved, August 11, 1868. 



AN ACT 

To provide for the disposition of certain funds now due 
to the different counties. 

Section 1 . Be it enacted hy the hoard of education of the 
State of Alabama, That all school moneys due to any q^.^^^ f^^^g 
county of this State on July 1st, 1868, shall be used for 
the educational interest of such county. 

Sec. 2- Be it further enacted, That all moneys, records, 
books, or other property now in the hands of the county 
superintendents, township trustees, or other school au- pro^erty!^ ^^^ 
thorities, are to be turned over to the county superin- 
tendents or their successors in office, or in case the su- 
perintendents may not have given the proper bonds, then 
the funds shall be held by the former county superin- 
tendents or other school officers, until such bonds are 
properly given. 

Approved, August 11, 1868. 



1869. 14 

AN ACT 

To secure co-operation with the bureau of refugees, 
freedmen and abandoned lands, and the several aid 
societies. 



Coo- 



Section 1. Be it enacted hy the hoard of education of 
o-operation the State of Alabama, That so far as practicable the su- 

c esired. perintendent of public instruction shall be governed in 

the establishment of schools in the State, by the general 
understanding that for successful co-operation it is de- 
sirable — 1st. That the freedmen's bureau shall continue 
to aid in furnishing school houses either by renting 
buildings for school purposes or by assisting in their 
erection. 2d. That the various associations and aid 
societies shall continue to select and send to the State 
competent teachers, and pay their transportation to and 
from their respective fields of labor. 3d. That the State 

Teachers. shall pay the teachers thus furnished, who shall be sub- 
ject to the same examination as other teachers of free 
schools in Alabama, the same compensation when em- 
ployed as received by other teachers of the same grade , 
from its educational fund. 

Sec. 2. Be it further enacted, That the superintendent 
of public instruction be, and he is hereby authorized and 
empowered to make such arrangements with the proper 

School houses, officers of the freedmen's bureau as can be agreed upon 
and carried out, without expense to the State, for the 
transfer to the State of the school houses controlled by 
the bureau or held in trust for educational purposes by 
trustees under arrangements made by the officers of said 
bureau. 

Sec. 3. Be it furtlifir enacted. That wherever schools 
are maintained under the auspices of the bureau, or of 

of superSten^ ^^® bureau in conjunction with the missionary associa- 

dent. tions and aid societies, the superintendent of education 

for the bureau in the State of Alabama shall continue 
to have the same supervision over the said schools which 
he has heretofore exercised, so long as the educational 
work of the bureau shall be continued in the State, 
subject to the supervision of the superintendent of pub- 
lic instruction. 

Sec. 4. Be it further enojcted. That aU the schools of 
v^cfc^t^'th^ the State of Alabama not maintained by private teach- 

generaipian. ^ QT!^ for their benefit, shall be under the general direction 
of the board of education, and conducted as far as prac- 
ticable, on the same general plan. 
Approved, August 11, 186S. 



15 1S69. 

AN ACT 
To provide separate scliools. 

Be it enacted hij the hoard of education of the State of 
Alabama, That in no case shall it be lawful to unite in 
one school both colored and white children, unless it be ored^^schoois!!" 
by the unanimous consent of the parents and guardians 
of such children ; but said trustees shall in all • other 
cases provide separate schools for both white and colored 
children. 

Approved, August 11, 1868. 



AN ACT ^ 

To declare all school offices vacant, and to supervise all 
existing school contracts. 

Section 1. Be it enacted hy the hoard of education of 
the State of Alabama, That all offices of , county superin- offices vaca- 
tendents, township trustees, and school commissioners, t^*^- 
are hereby declared vacant. 

Sec. 2. Be it further enacted, That all contracts en- 
tered into by any of said authorities for services rendered 
since the 13th day of July, 1868, or to be rendered iiitheg^'^9^^*^^^°^*^_ 
future, are subject to the approval of the school au-prorai. 
thorities that may be hereafter appointed. 

Approved, August 11, 1868. 



AN ACT 
To fill vacancies of school officers. 

Secoion 1. Be it enacted by the hoard of education of tJw 
State of Alabama, That all vacancies which may occur vacancies ; 
in the office of county superintendent of education, ^ow fiUed. 
either by death, resignation, expiration of term of ser- 
vice or otherwise, shall be filled by appointment of the 
superintendent of public instruction, subject to the ap- 
proval of the board of education ; and such appoint- to be ap- 
ment to hold good until the general election in the year Proved. 
one thousand eight hundred and seventy-two. 

Sec. 2. Be it further enacted, That any vacancy which 



1869. 16 

may occur in the office of township trustee, either by 
death, resignation or otherwise, shall be filled by an ap- 
E Township pointment of the county superintendent of education; 
trustees; va- gaid appointment to hold good until the first Monday in 
ffiied, ^ ' May, one thousand eight hundred and seventy-two, un- 
less sooner removed by the county superintendent of 
education. 

Sec. 3. Be it further enacted, That the board of educa- 
Boardof Ed-^^°^ shall have power to declare all offices of county su- 
ueation; power perintendent vacant at the expiration of their present 
to^ vacate offi- ^gj-m of office in 1870. 

Sec. 4. Be it further enacted. That all laws and parts 
Eepeaiing. of laws in conflict with this act are hereby repealed. 
Approved, December 2, 1869, 



AN ACT 

ports^^*^^^ '^^' Eequiring township trustees to make reports to county 
superintendents of all moneys or other school property, 
which may have come into their possession. 

Section 1. Be it enacted hy the hoard of education of the 
State of Alabama, That the township trustees of the 
several townships of this State, shall report to the 
county superintendents of election of their respective 
Eeporta Not. counties by the first day of November, 1869, the amount 
1, 1869. of money or other school property, which has been turned 

over to them by the trustees of the townships acting 
during the years 1866, 1867, and 1868. 

Sec. 2. Be it further enacted. That ghould any board 
of trustees fail through negligence, or refuse to make 
such report their offices may be considered vacant, un- 
Faiiure v ^^^^ ^^^^ ^^^ show good cause f or the same ; and their 
cates office, "places filled by appointments of county superintendents, 
such appointments to be valid until the next general 
elections in 1870. 

Sec. 3. Be it further enacted, That such report shall be 
made in writing, and state all lands or other school prop- 
erty or buildings which may have been given or bought, 
^^^°^ ■ and the kind of a deed taken for the same, to whom 

such deed was made, and whether such deed has been 
legally recorded. 

Sec. 4. Be it further enacted, That should any trustee 
Trustees. or board of trustees, refuse to comply with the provis- 
ions of this act, and shall go out of office, and there is 



17 1869. 

any evidence of fraud or embezzlement in the case, the 
county superintendent shall be required to place the^^^^<^ 
case in the hands of the county solicitor for investigation, 
according to law. 
Approved, Sept. 6, 1869. 



AN ACT 

To define more fully the duties of county superintend- 
ents. 

Section 1. Be it enacted hy the hoard of education of the 
State of Alabama, That each county superintendent of yj^j^ schools. 
education, shall visit each school in his county at least 
once during each term, and make a thorough examina- 
tion of the condition of the schools, as respects the pro- 
gress of pupils in learning, the order and discipline ob- 
served, the mode of keeping the school records, the 
character and condition of the school buildings, furni- 
ture, premises and books, and apparatus, the efficiency 
of the township trustees, the condition of the libraries, Libraries. 
and to give such advice as he may deem proper ; to 
keep a record by number, grade, and description of each 
school, to see that the interests of the county are prop- 
erly regarded, and its rights secured in the making and Qo^^j-act 
performance of every contract for the construction of 
school buildings, or for other purposes, and to faithfully 
execute and enforce the laws, the resolutions and recom- 
mendations of the board of education, and diligently °^*^® ^^^' 
endeavor to reconcile all questions of dispute which may 
arise under the operation thereof, within his jurisdiction. 

Sec. 2. Be it further enrcted, That in case township 
trustees, or other local school officers, fail from any 
cause to act, then the county superintendent of educa- Superintend- 
tion shall have power to actln their stead, as the best tees!^*^ ^^ *"^^" 
interests of education may demand. 

Approved, September 6, 1869. 



AN ACT 

To provide for the furnishing of school rooms. 

Section 1. Be it enacted hy the hoard of * education of the 
State of Alabama, That county superintendents of edu- 



1869. 18 

cation are hereby authorized to provide when necessary, 

Superintend- suitable school buildings for the accommodation of the 

sciiooi ^biSd- children in their respective school districts, and furnish 

™ss- such school buildings with the necessary fuel and school 

furniture and apparatus, and deduct such expenses from 

paratus!^*^^ ^^^' the money due the school district where such moneys 

are expended. ' 

Sec. 2. Be it further enacted, That the superintendent 
Not more o^ education shall not appropriate for the above named 
thau 8 per cent purposes, more than eight per cent, of the amount due 
to be used. said school district. 

Approved, December 2, 1869. 



AN ACT 

To authorize the paying out of school moneys by county 
superintendents to teachers and others. 

Section 1. JBe it enacted by the hoard of education of the 
State of Alabama, That it shall be the duty of the county 
superintendents of education of the several counties of 
Paying out ^bis State, to pay out the school moneys that may come 
schoo! naoneJ^ into their hand directly to the teachers and other em- 
ployees who may have rendered services in behalf of the 
free public schools of his county. 

Sec. 2. Be it further enacted. That the county superin- 
tendent of each county shall be required to make satis- 
factory settlements of the disbursements of school 
moneys coming into his hands on account of current 
quarterly school expenses, in the office of the superin- 
tendent of public instruction, before the moneys for the 
ensuing quarter shall be paid him. 

Approved, September 6, 1869. 



AN ACT 

To create, define, and provide for the control of school 
districts. 

Section 1. Be it enacted by the board of education of 
Cities and the State of Alabama, That each and every city and in- 
stitute * school corporated town in the State of Alabama shall constitute 
districts^ a school distfict, and shall be under the management 
and control of a board of not less than three nor more 



19 1869. 

than nine trustees with such powers and duties as pro- tj,uJt™a^^ °^ 
yided by law. . 

Sec. 2. Be it furtJier enacted, That every township or 
fractional part of a township not included within the 
corporate limits of any of said cities or towns, shall con- parts of town- 
stitute a school district to be under the management and ships. 
control of a Board of Trustees, (not to esceed three,) 
with such powers and duties as provided by law. 

Sec. 3. Be it further enacted, That the County Super- 
intendent of Education shall have the management and under super- 
control, as provided by law, of all the school districts ^p'^j.Sten™ts 
(as created and defined by sections 1 and 2 of this act) 
within their respective counties. 

Sec, 4. Be it further enacted, That when a township 
is divided by a river, large creek, mountain, or other 
obstruction, making it difficult for children to attend, triS^o?fSc- 
such fractional parts of townships shall be a school dis-tional towu- 
trict; Provided, further. That should two or more such ^^^P^" 
fractions lie adjoining they shall be united in one dis- 
trict. 

Sec. 5. Be it further enacted, That when a small frac- ^^.^^ ^^^ 
tion, divided as above, having too few children to make adjoin'g town- 
a school, it shall be added to the adjoining township, ^^^p^- 
making one district. 

Sec. 6. ' Be it furtner enacted, That all laws and parts 
of laws now in force in conflict with this act be and the Kepeaiing. 
same are hereby repealed. 

Approved, Dec. 2, 1869. 



AN ACT 
To provide for County School Organization. 

Section 1. Be it enacted hy the hoard of education of 
the State of Alabama, That when scholars are transferred 
from one township to another, under the provisions of 
section eleven of " An Act entitled An Act to provide 
for County School Organizations, approved August 5th, 
1868," that the school district where the school is located wherfTchoiars 
to which the transfer is made, shall draw from the school are transferr'd 
fund of the township from which the scholar was trans- 
ferred, the amount to which the scholar or scholars 
would be entitled to if they had been taught in their 
own township. 

Approved, Dec. 2, 1869. 



1869. £0 

AN ACT 

To protect the Fund of Townships divided by county 

lines. 

Section 1. Be it enacted by the board of education of 
the State of Alabama, That in case any township is divided 
o1 touS*e£^'''^!^y county line, it shall be the duty of the county super- 
intendent of each county in which such fractional town- 
ship may lie, to appoint a board of trustees, consisting 
of three, who shall be governed by the same laws as are 
the trustees of full townships. 

Sec. 2. Be it further enacted, That such fractional 
Enumeration, townships shall have their children enumerated and re- 
ported in their report of their respective counties. 

Sec. 3. Be it further enacted, That such fractional 
townships ^hall have apportioned to them money in ac- 
Money ap- cordance with the number of children reported in their 
portioned. enumeration report, which shall be under the control of 
the school authorities of each county in which such frac- 
tional township may lie. 
Approved, Sept. 6, 1869. 



AN ACT 

To protect the children of each race in townships or dis- 
tricts in which the children of either race may be too 
few in number to entitle them, according to law, to a 
free public school. 

Provide for SECTION 1. Be it enacted hy the hoard of education of 
8 c h o o 1 s in (he State of Alabama, That in the sparsely settled town- 
lownsinps. ^ ships, or Avhere the children of either race are too few 
in number, there shall be, if possible, a school established 
for them without regard to number, and the length of 
such school session be regulated by the amount of money 
appropriated to each race in said township. 

Sec. 2. Be it further enacted, That after all proper 
efforts have been made to establish schools in such 
townships at the end of two years, the money which 
would proportionately beloug to such race shall be ex- 
TLe fund • P^^^clf^l wpon the free public schools established for their 
how used. " ' race throughout the county in which sucli township may 
be situated. 

Approved, Dec. 2, 1869. 



21 1869. 

AN ACT 

To establish grades in the free public schools of 
Alabama. 

Section 1. Be it enacted hy the hoard of education of 
the State of Alabama, That the free pubHc schools of the School grades. 
State may be divided into four grades, as hereinafter 
provided : 

Sec. 1. The first grade shall embrace Orthography, 
Reading, Primary Arithmetic, and the first lessons in Firat grade. 
Geography, and shall be called the Primary Grade. 

Sec. 2. The second grade shall embrace Orthography, 
Reading, (continued through the Third Reader,) Geogra- 
phy to Physical and Intermediate, Intellectual Arithme- second grade, 
tic. Elements of Written Arithmetic, Grammar, com- 
menced, and Writing, and shall be called Intermediate 
Grade. 

Sec. 3. The third grade shall embrace Orthography, rr^Y,■ a „ 
Reading, (through the Fourth Reader,) Geography, con- ° 

tinned. Grammar, concluded, Practical Arithmetic, Com- 
position, Writing, History, Smith's Etymology and Elo- 
cution, and shall be called the Grammar School Grade. 

Sec. 4. The fourth grade shall embrace Orthography, 
Reading, Arithmetic, concluded. Natural and Intellectual Fourth grade. 
Philosophy, Steele's fourteen weeks in Chemistry, Ele- 
ments of Algebra, Geometry, and any other branches 
usually taught in public schools of higher grades. This 
shall be called the High School Grade. 

Approved, Dec. 2, 1869. 



AN. ACT 

To define the scholastic year and other school terms. 

Section 1. Be it enacted hy the hoird of education of 
the State of Alabama. That a school day shall not com- ° ^° ^^' 
prise less than six (6) hours. 

Sec. 2. Be it further enacted, That a school month 
shall comprise all the days of the calendar month, ex- ^''^""^ °'°''*^' 
cept Saturdays and Sundays. 

Sec. 3. Be it further enacted, That a school quarter 
shall comprise three (3) school months, the quarters to ^°^°°^ *l"*^*®'^ 
end respectively, March 31st, June 30th, September 30th 
and December 31st. 

Sec. 4. Be it further enacted, That a school year shall 



1869. 22 

comprise four (4) quarters, includicg the entire calendar 
year; ^^^^^ ^£ twelve (12) months, beginning January 1st and 
ending December 31st. 

Sec. 5. Be it further enacted, That in any county or 
school district where the interests of education demand 
Bchoois'^"^ ^^it, the county superintendent of education may open 
schools prior to the first of January, 1870, and that the 
expenses of such schools shall be allowed and deducted 
from the amount to be apportioned to that District for 
that scholastic year, ending December 31st, 1870. 

Sec. 6. Be it further enacted, That county superin- 
tendents of education may open and continue schools 
County Sup't in their respective counties at such time as will best sub- 
^^/oig/'P®^ serve the interests of education, and enable children to 
attend the schools during the scholastic year. 
Approved, Sept. 6, 1869. 



AN ACT 



To define the manner of drawing and disbursing the 
school moneys. 

Section 1. Be it enacted hy the hoard of education of 
the State of Alabama, That the several county superin< 
tendents of education in the State of Alabama, are 
hereby required, on the last of each month, or so soon 
Eeport of thereafter as possible, to forward to the Superintendent 
Bch'oi exp'nses of Public Instruction for the State, a complete report of 
the amount of money required to defray the expenses of 
all the free public schools in their respective counties for 
the past month. 
Sup't shall Sec. 2. Be it further enacted. That the Superintendent 
Au^tor*° *^^ ^^ Public Instruction for the State shall, upon the re- 
ceipt of the said estimate as required in section one of 
this act, certify the same to the State Auditor. 

Sec. 3. Be it further enacted. That it shall be the duty 
of the State Auditor, upon the receipt of the certificate 
AuStor, ^ ^ of the superintendent of public instruction, to draw his 
warrant on the State Treasurer in favor of the county 
superintendents of education in the county to which 
such moneys are due, and forward the same to the said 
county superintendent at once. 

Sec. 4. Be it further enacted, That the county super- 
intendent of education shall, upon the receipt of the 
teachers' complete monthly report, approved by the 



23 1869. 

Board of Trustees, as required by law, pay said teachers ^w't siiau 
the amount due them as per approved report. 

Sec, 5. Be it further enacted, That the county super- claims to be 
intendents are hereby authorized to pay all claims pa^i^. 
legally incurred in the carrying on of the schools as au- 
thorized by law. 

Approved Dec. 2, 1869. 



AN ACT 

To provide for the payment of teachers and other school 
expenses. 

Section 1. Be it enacted hy the hoard of education of 
the State of Alabama, That the State Auditor shall be . 

and he is hereby required, upon the presentation to him ^^- ^ ^ °^' 
of the certificate of the superintendent of public in- 
struction that certain claims are justly due and unpaid, 
to draw his warrant upon the Treasurer in favor of the en1;^of^^pubUc 
superintendent of public instruction, to be paid by him instruction to 
to those to whom such moneys are due upon the certifi-P^^ teachers. 
cate of the county superintendent of education, that 
such claims are justly due ; and such moneys shall be 
deducted from the amount apportioned to the school 
district where such moneys are due. 

Approved, Dec. 2, 1869. 



AN ACT 
To abolish the special school system of Mobile county. 

Section 1. Be it enacted hy the hoard of education of the 
State of Alabama, That Section 991, of the Revised Code ggi^of^ Co^|^°" 
of AlalDama, which is in these words : "As the county of 
Mobile now has established a public school system of its 
own, the provisions of this chapter shall apply to that 
county only, so far as to authorize and require its school 
commissioners to draw the portion of the funds to which 
that county will be entitled under this chapter, and to 
make the reports to the superintendent herein required," 
be, and the same is hereby repealed. 

Sec. 2. Be it further enacted, That hereafter the public 
schools of Mobile county shall be embraced within the 



1869. 24 

Genri school common educational system of the State, and controlled 
feet. ° * ^ ^ ■ upon the same general plan as now provided by law for 
all other public schools. 

Sec. 3. Be it further enacted, That all laws and parts 
of laws inconsistent with the provisions of this act be, 
and the same are hereby repealed. 
Passed, November 19, 1869. 



AN ACT 



To repeal "An Act in relation to schools in the city and 
county of Mobile." 

Section 1. Be it enacted by the hoard of education of the 
Eepeaiing. Stale of Alabama, That an act entitled "An Act in rela- 
tion to schools in the city and county of Mobile," ap- 
proved, August 11th, 1868, be, and the same ia hereby 
repealed. 

Approved, August 11, 1869. 



AN ACT 



Local school i 



To provide for the receiving and disbursing of local 
school funds. 

Section 1. Be it enacted by the board of education of the 
State of Alabama, That all local school funds that may 
funds.'" '^''"""^ be raised by taxation or otherwise, shall be paid over to 
the proper bonded school officer designated by law to 
be the custodian of the school moneys in the county 
where such moneys are raised ; to be placed by him to 
H thef nd*-'^® credit of the school district where such moneys may 
is to be expen- have been raised, and to be expended under the direc- 
^^- tion of the proper school authorities in the school dis- 

trict where such moneys may have been raised. 
Approved, December 2, 1869. 



25 1869. 

AN ACT 

To protect parents and guardians in the matter of text 

books. 

Section 1. Be it enacted by the hoard of education of 
the State of Alabama, That the superintendent of public 
instruction, in recommending or adopting a series of School books. 
school books for use in the free public schools of this 
State, shall carefully protect the interests of the parents 
and guardians of the children attending said schools in 
the introduction of text books, and prevent any unjust 
exclusion of the copies of old books now in the posses- 
sion of such parents and guardians. 

Sec. 2. Be it further enacted, That the superintendent 
of public instruction shall require of the publishers of 
the school books furnished for use in the free public School books 
schools of this State, that such books shall be well bound? ^^^^ 
bound and in as perfect Order as the books of any other 
publishing house in the United States. 

Sec. 3. Be it further enacted. That the publishers of 
the school books, recommended or adopted, shall jieep 
them in central and convenient points in the State, and be accessible, 
sell them at prices not to exceed those set forth in the 
circular from the office of superintendent of public in- 
struction, on or about the first day of January, 1869, 
and the publishers shall sell them at the same price to t, ■ *, , 

S J , ■ , T 1 , T ^ Price of books, 

any merchant, county supermtendent or teacher, upon 

being satisfactorily assured that the books desired are 

for use in the free public schools of the State. 

Sec. 4. Be it further enacted, That county superin- 
tendents and teachers, and all other school officers, are 
hereby required to report to the superintendent of pub- 
lic instruction any and all cases wherein any regularly 
authorized agent of the publishers shall sell the books circular of 
recommended or adopted for use in the free public ^up't of Public 
schools, at prices over and above the prices fixed in said ^ ™° ^°°' 
circular issued from the office of the superintendent of 
public instruction, on or about the Igit day of January, 
1869, which has been generally circulated among the 
school authorities of the State. 

Approved, Sept. 6, 1869. 



18G9. 26 

AN ACT 

To provide for public schools in the city of Selma. 

Section 1. Be it enacted hy tJie hoard of education of 
the State of Alabama, That the corporate limits of the city 

^°^°°^'^^*"*'* of Selma shall constitute a school district, distinct and 
separate from the remaining school districts and parts 
of districts of the county of Dallas. 

Sec. 2. Be it further enacted, That the. public schools 
of the city of Selma shall be under the management of 

City board, a city board of education consisting of nine members 

to be elected by the city council of Selma, and who shall 

serve without pay. The present city board of education, 

Election rati- whose election is hereby ratified, shall, immediately after 

fied. the passage of this act, be divided by lot into three 

classes. The seats of the first class shall be vacated on 

the last Monday in July, 1870. The seats in the second 

class shall be vacated on the last Monday in July, 1871. 

Succession in And the seats of the third class shall be vacated on the 

office- last Monday in July, 1872, and thereafter one-third of 

the city board of education shall be elected by the city 
council as aforesaid on the last Monday in July in each 
year, or as soon thereafter as practicable ; vacancies in 
the city board of education shall also be filled by the 
city council. 

Sec. 3. Be it furtJier enacted, That the city of Selma, 

- as such school district, shall receive its proportionate 

fund.^ ^^ ^^ "^^ share of the public school fund, including a pro rata 
share of the sixteenth section fund of each township 
that lies partly within the corporate limits of the city, 
said fund to be paid to the city superintendent of educa- 
tion, to be appropriated by the board of ediication ex- 
clusively to the maintenance of the public schools of 
the city. 

Sec. 4. Be it further en&icted. That the city board of 

education herein provided for, and the public schools 

City superin- subjecfc to their management as aforesaid, shall be under 

tendent. the Supervision of a city superintendent of education, 

with the same powers and duties as county superin- 
tendents of education, with such salary as the city board 

Salary. of education may determine, said salary to be approved 

by the superintendent of public instruction, and be paid 

from the city treasury as other city officers are paid; said 

Superintend- Superintendent of education shall be appointed by the 

ent appointed, superintendent of public instruction and approved by 
the board of education. The said city board of educa- 
tion and city superintendent to be under the superin- 



27 1869, 

tendent of public instruction and State board of educa- 
tion, the same as all county school officers. 

Sec. 5. Be it further enacted. That the city board of Laws of the 
education shall carry out all laws, rules and recommen- board. 
dations of the superintendent of public instruction and 
the State board of education in all schools under their 
care. 

Sec. 6, Be it further enacted, That it shall be the duty 
of the city superintendent of edtication to take the gen- 
eral supervision of the schools in said city, to make full „ . , , 

t't, , i.11 • i! J. Superintend- 

and complete reports as the law requires or county eni's duties, 
superintendents of education, and to certify to the superin- 
tendent of public instruction chat all the laws and 
recommendations of the board of education have been 
coplied with before he can draw any moneys from the 
public school funds due said city of Sslma. 

Sec. 7. Be it further enacted. That the city superin- 
tendent shall, within sixty days after he shall have taken 
the oath prescribed and entered upon the duties of his Bond, 
office, and before he can draw any moneys, file with the 
judge of probate a g'ood and sufficient bond, a certified 
copy of which shall be filed in the office of superinten- 
dent of public instruction, said bond to be approved by Approval of 
the judge of probate of the county in which said city is ^^"^^^ 
located, or the circuit judge of the judicial district within 
which said city is situated, or the superintendent of pub- 
lic instruction. 

Sec. 8. Be it further enacted, That this law shall take 
effect immediately on and after its passage. 

Approved, Sept. 6, 1869. 



AN ACT 



To continue in force an act to provide for free public 
schools in the city of Selma. 

Section 1. Be it enacted hy the hoard of education of 
the State of Alabama, That the act known as an act to 
provide for free public schools for the city of Selma, ??^°°i ^^^ 
approved, Sept. 6th, 1869, is hereby continued in force °^^^™^ ' 
until the first day of December, A. D. 1870, at which 
time the general law for cities and towns passed by this 
board shall take effect. 

Approved, Dec. 2, 1869. 



1869. 28 

AN ACT ' 

To provide for the payment of teachers and other school 
expenses. 

Section 1. Be it enacted by the hoard of education of 
the State of Alabama, That the State Auditor shall be 
and he is hereby require^, upon the presentation of the 
certificate of the superintendent of public instruction, 
Payment of that Certain claims are justly due and unpaid, to draw 
teachers. j^ig warrant upon the treasurer in favor of the superin- 
tendent of public instruction, to be paid by him to those 
to whom such moneys are due, upon the certificate of the 
county superintendent of education, that such claims are 
justly due, and such moneys shall be deducted from the 
amount apportioned to the school district where such 
moneys are due. 
Approved, Dec. 2, 1869. 



AN ACT 

To fix the grade of teachers of the free public schools in 
Alabama, and to provide for expenses of examining 
board. 

Section 1. Be it enacted by the board of education of 
Examining the State of Alabama, That in the examination of teach- 
oarc . g^g ^^^ ^j^Q lj,gg public schools of Alabama, the examin- 

ing board shall in all cases, in granting certificates, be 
governed by the qualifications of the applicants for such 
certificates, without regard to color ; and said examining 
board shall give to each applicant found qualified to 
teach, a certificate showing the grade in which he or she 
may be qualified to teach. 

Sec. 2. Be it further enacted, That the trustee or trus- 
tees of any city, town, or township, upon the presenta- 
tion of such certificate from the examining board, may 
May teach in give to the holder of said certificate a school in the grade 
a lower grade, ^^^-j^ certificate shows the holder thereof qualified to 
teach, or may, if agreeable to the holder of said certi- 
ficate, give him a school of a lower grade. 

Sec. 3. Be it further enacted, That the teacher shall 

Teacher. upon the receipt of a certificate, pay to the examining 

board the sum of two dollars, said sum of money to be 

for the use of said examining board, and said teacher 



, 29 1869. 

shall receive from said examining board a school regis- School regist'r 
ter. 

Sec. 4. Be it furtlier enacted. That all examinations 
are hereby required to be conducted in writing so far as Examinations 
possible ; the questions and answers to be kept on file in miiing.^ ^ 
the office of the county superintendent of education for 
examination at any time. 

Approved, December 2, 1869. 



AN ACT 

To provide for the removal of county superintendents of 
education and to fill vacancies. 

, Section 1. Be it enacted hy the hoard of education of 
the State of Alabama, That the superintendent of public 
instruction, upon the request in writing of a majority of county'^s^uper- 
the members of the board of education, setting forth intendents. 
good and sufficient reasons for the same, shall, and here- 
by is required to suspend or remove any county super- 
intendent. 

Sec. 2. Be it further enacted, That such vacancies shall 
be filled by appointment by the superintendent of public Appointment. 
instruction, subject to approval at the next session of the 
board. 

Approved, December 2, 1869. 



AN ACT 

To prescribe and define the duties of teachers. 

Section 1. Be it enacted hy the hoard of education of 
the State of Alabama, That each and every teacher is Teacher. 
hereby required to make out and forward to the county 
.superintendent of education, through the trustee or ♦ 

trustees, a complete report in triplicate, at the end of Teacher's re- 
each month, setting forth the enrollment, attendance, ^'^^'^• 
grade of the school ; the number of pupils received from 
other school districts, stating from what school district 
received, the branches taught, and the number of pupils 
Iq each, distinguishing between male and female, white 
and colored ; stating the monthly pay of teachers, the 
rate per day, number of days taught, the amount due 
teachers for services rendered during the month, number 



1869. 30 

of visits from superintendent of education, and of 
trustees, name and'' post office, address of teacher, and 
must certify that he or she has conformed to all the 
laws, rules, and recommendations of the board of educa- 
tion. 

Sec. 2. e it further enacted, That no teacher shall be 
allowed to draw any pay for services until the require- 
ments of this act are complied with. 
EepeaUng ^^^' ^' ^^ it further enacted, That all laws and parts of 

laws in conflict with this act are hereby repealed. 

Approved, December 2, 1869. 



AN ACT 

To protect the school fund of the State, and secure its 
proper distribution to both races. 

Section 1. Be it enacted ty the hoard of education of 
ment Tschooi ^^^^ ^^^^^ ^f ^^«^«'^«» That the school funds of the State 
funds. shall be apportioned by the superintendent of public in- 

struction to the different counties and townships or other 
school districts that may be created by this board, ac- 
cording to the official enumeration of the children therein, 
an equal amount pro rata for the benefit of each race. 
Sec. 2. Be it further enacted, That all local funds raised 
by taxation or otherwise, for the support of free public 
Local funds, gdjools, shall be apportioned and expended in the dis- 
trict or districts where such funds have been raised, in 
the same manner as the State funds. 

Sec. 3. Be it further enacted, That it shall be the duty 

School officers of all scliool officers to enforce the provisions of this 

act so that all moneys apportioned shall be expended in 

the support of the free public schools for the race to 

which it is apportioned. 

Sec. 4. Be it further enacted, That it shall be considered 
Misdemeanor a misdemeanor in office for any school officer or officers 
m «ffice. j-Q fg^jj |.Q comply with the provisions of this act. 

Approved, December 2, 1869. 



Laws flefiiim Ifee Biities of Sclool Olceii 



AN ACT 

To define the duties of superintendent of public in- 
struction. 

Section 1. Be it enacted hy the hoard of education of 
the State of Alabama, That it shall be the duty of the 
superintendent of public instruction to devote his time Duties of su 
to the care and improvement of the common schools, and permtendent. 
the promotion of the general interests of education in the 
State. He shall carefully investigate the operation of 
the school laws, collect information in regard to the ar- 
rangement of school districts, the location and construc- 
tion of school houses, consult and advise with county 
superintendents of education with regard to the qualifi- 
cations of teachers, and inquire into the most approved 
methods of teaching. 

Sec. 2. Be it further enacted, That it shall be his duty, 
as far as practicable, to visit every county in the State To visit corn- 
annually, for the purpose of inspecting the schools, ''"'"■ 
awakening an interest favorable to the cause of educa- 
tion, and diffusing as widely as possible by public ad- 
dresses and personal communication with school officers, 
teachers and parents, a knowledge of existing defects 
and of desirable improvements in the government and 
instruction of the schools. 

Sec. 3. Be it further enacted, That the superintendent 
of public instruction shall prepare and submit to the 
board of education, at their annual meeting, a report 
containing — (1st.) An abstract from the common school P'^^pc'i'^- 
reports received by him from the several county super- 
intendents of education, showing the number of original 
school districts in the State, the number of schools 
taught, the enumeration of persons between the ages of 
five and twenty-one years, distinguishing between white 
and colored, male and female, and the whole number 
taught in the schools throughout the State. (2.) A 
statement of the condition of the common schools and 



1869. 32 

of all other institutions of learning under the supervis- 
ion of the board of education. (3.) The amount of 
school funds collected and expended each year from all 
sources, specifying the amount from each source respect- 
ively. (4.) All matters relating to his office, the common 
schools of the State, the school fund, the number and 
character of teachers, and whatever else he may deem 
it expedient to communicate. (5.) It shall be his duty 
to open such correspondence abroad as may enable him 
to obtain information relative to the system of common 
schools in other States and countries, and to embody in 
his annual report such recommendations and improve- 
ments as in his judgment will best secure the educational 
interest of the State. 

Sec. 4. Be it furtlier enacted, That the superintendent 
Blankforms. of public instruction shall prepare blank forms for all 
returns required by law and necessary to be made by 
county superintendents of education, trustees, school 
directors, school examiners, teachers, and school officers, 
which he shall procure at the expense of the State at as 
cheap a rate as possible, and distribute the same to the 
several school districts and officers having charge of the 
common schools throughout the State. And further, 
that it shall be his duty to prepare in pamphlet form and 
publish, at the expense of the State at as cheap, a rate 
as possible, a brief statement of the common school 
system of the State, together with all the laws, rules and 
regulations pertaining thereto, and cause the same to be 
distributed to the county superintendents and other offi- 
cers for the information of those interested with the 
educational interests of the State. 

Sec. 5. Be it further enacted, That it shall be the duty 
of the superintendent of public instruction to collect in 
School books, his office such school books, apparatus, maps and charts, 
as can be obtained without expense to the State, and 
also to purchase at an expense not exceeding fifty dol- 
lars a year, rare and valuable works on education, for the 
benefit of teachers, authors, and others who may wish 
to consult them, and the said sum is hereby annually 
appropriated for this purpose out of any money in the 
treasury belonging to the school fund. 

Sec. 6. Be it further enacted, That the superintendent 
of public instruction shall, on the first day of December 
in each year, or so soon thereafter as practicable, ap- 
Apportion- portion and distribute the income of the State fund for 
m^nt of fuEde. ^j^g support of the common schools, which shall have been 
received up to the time at which such apportionment's 
made in each year, among the several counties of the 



33 1S69. 

'State, according to the number of children in each over 
the age of five and under the age of twenty-one years, 
according to the returns thereof made to his office ; Pro- 
vided, That no mbneys shall be apportioned to any county 
for any district therein for any year during which such 
districts shall not have maintained a public school taught 
by a qualified teacher the number of months prescribed 
by la"w. 

Sec. 7. Be it further enacted, That the superintendent 
of public instruction shall certify the apportionment of 
'^ he school fund income to the State auditor, and shall 
at once notify each county superintendent, stating the 
amount apportioned to his county. The county super- 
intendent shall at the close of each quarter certify the 
amount of current school expenses for that quarter to 
the superintendent of public instruction, who shall no- 
tify the State auditor of said amount, and the State au- 
ditor shall immediately draw his warrant on the State 
treasurer in favor of the county superintendents for such 
current expenses upon the school funds in the State 
treasury belonging to said county. 

Sec. 8. Be it further enacted. That the superintendent 
of public instruction shall have power to require of 
county superintendents, trustees, school directors, and information, 
other school officers, copies of all reports required by 
them to be made, and all such other information in rela- 
tion to the fund and condition of the schools and the 
management thereof as he may deem important, and in 
case any county superintendent, trustee, school director, 
or school officer, shall neglect to comply with this regu- 
lation, or shall fail in the discharge of his duty, or shall jie«-kct^^^^ °^ 
violate any of the rules or regulations of this board, such '' 
county superintendent, trustee, school director or school 
officer, may be suspended from his office by the superin- 
tendent of public instruction until his case shall have 
been investigated at the next ensuing meeting of the 
board of education. 

Sec. 9. Be it further enacted. That the superintendent 
of public instruction shall have an office at the capitol office of Su- 
of the State, where the books and papers of his depart- perintendent. 
ment shall be kept, and where he shall give attendance 
when not absent on official duties, and it shall be the 
privilege of any member of the board to have access to 
all papers and documents in the office of the superin- 
tendent of public instruction which pertains to the edu- 
•cational interests of the State. 



3 



^ 



1869. 34 

AN ACT 

Supplementary to An Act to define the duties of tha 
Superintendent of Public Instruction. 

Section 1. Be it enacted by the hoard of education of tJie- 
State of Alabama, That the superintendent of public 
instruction is hereby authorized and required, upon the 
Monthly re- receipt of the monthly report of the county superintend- 
port. ent of education, when found correct, to certify the 

amount due said county to the State Auditor, and the 
State Auditor shall draw his warrpnt on the State Treas- 
Certify am't urer for the amount in favor of the county superintend- 
to^^tate Audi- ^^^ ^£ ^j^^ county to which such money is due, and for- 
ward the same to such superintendent, whose duty it is,. 
to disburse the school funds in accordance with law. 
Approved, December 5, 1869. 



AN ACT , 

To define the duties of county superintendents of edu- 
cation. 

Section 1. Be it enacted by the hoard of education 
of the State of Alabama, That there shall be ap- 
County su- pointed by the superintendent of public instruction, sub- 
perintendent. j^^,^ ^^ ^^^q approval of the board of education, a person 
qualified to discharge the duties of superintendent of 
education in each county of the State, who shall hold 
his office for two years, or until his successor is elected 
and qualified. 

Sec. 2. Be it further enacted, That each county super- 
intendent shall receive an annual salary to be determined . 
by a committee composed of the clerks of the several 
township trustees of said county, a majority of whom 
shall constitute a quorum for the transaction of business, 
subject to the approval of ihe superintendent of public 
instruction, who shall be paid as other school officers. 

Sec. 3. Be it further enacted, That the county superin- 
tendents shall have the care of the educational interests 
Duties. of the county. He shall visit frequently the sub-district 

schools ot the county, counsel with and encourage trus- 
tees and teachers, see that the common school law is 
properly enforced, and do whatever may promote the 
cause of education in the county. 

Sec. 4. Be it further enacted, That it shall be the duty. 



35 1860. 

of the county superintendent to see that in every dis- 
trict there shall be taught orthography, reading, writing, instruction. 
arithmetic, geography and grammar, and in case the^~^ 
trustees of any township shall fail to provide competent 
teachers to impart instruction in the several branches 
above specified, and such other branches as they may 
direct, he shall withhold all payments of school moneys 
to such district until a competent teacher or teachers 
have been employed. 

Sec. 5. Be itfurtlier enacted, That the county superin- 
tendent, in conjunction with two persons appointed by 
himself, shall constitute a board of school examiners. Examiners. 
whose duty it shall be to examine all candidates for the 
profession of teaching, and to give such persons found 
qualified, a certificate setting forth the branches of learn- 
ing he or she may be capable of teaching ; such exam- 
ination to be renewed every year. No teacher shall be ,.„ . 
employed in any school without such certificate, but the quisite. 
certificate thus furnished shall be valid only in the county 
where issued and for the time specified. The board of 
school examiners shall have power, for good and suffi- 
cient reasons, to cancel any certificate issued by them 
before the expiration of the time for which said certifi- 
cate was issued. 

Sec. 6. Be itfurtlier enacted, That the county superin- 
tendent shall forward to the superintendent of public 
instruction for the State, quarterly reports of the several Reports. 
school districts of their several counties as may be re- 
quired by the superintendent of public instruction, and 
at the close of the school year shall make and forward 
an extended report to that officer, showing the condition 
of the schools under his charge, suggesting such im- 
provements in the school system as he may deem useful, 
and give such other information in regard to the practi- 
cal operations of the common schools and the laws re- 
lating thereto as may be deemed of public interest, and 
it shall be his duty to forward to the superintendent of 
public instruction annually, on or before the first of Oc- 
tober, the scholastic enumeration of his county. 



reports. 



1869. 36 

AN ACT 

Supplemental to an act to define the duties of county 
superintendents of education. 

Section 1. Be it enacted by the hoard of education of 
the State of Alabama^ That each and every county super- 
intendent of education shall at the close of each month, 
or so soon thereafter as possible, make out and forward 
, T ^ , a complete consolidated report of all the school opera- 

Consoldated , . ^ .i • ,• i- i • j.i i.^ 

tions m their respective counties during the month, 
stating the number of schools, the number of children 
enrolled, white and colored, male and female, the average 
attendance of each school, the number of children in 
each grade, the branches taught, the number of children 
in each branch, the monthly pay of teachers in each 
school, the rate per day, the number of days taught, the 
amount due teachers, the number of visits of county 
superintendent of education to the different schools, as 
shown by the teachers' reports, and number of visits of 
township trustees in the several schools, and the name 
of teachers in the several school districts of his county. 

Sec. 2. Be it further enacted, That said report shall 
^^' state the amount of money expended in each school dis- 
trict for aU purposes in the support of the free public 
schools. , 

Approved, Dec. 6, 1869. 



Money 
pcnded. 



AN ACT 

Supplementary to an act to provide for the education of 
teachers. 

Section 1. Be it enacted by the board of education of the 
State of Alabama, That there shall be established four 
Xovmai schois normal schools in the following places, to- wit : At Hunts- 
ville, Talladega, Marion, and Mobile, which shall have 
ample facilities for the instruction of teachers of high- 
est grade. 

Sec. 2. Be it further enacted. That said State normal 
Commissu'er's schools shall be under the direction of two or more com- 
missioners, who shall employ teachers, fix their salaries, 
Commission- procure Suitable buildings, and provide for all necessary 
board^cf/*c"d^^ ^^P^^ses of the Same. The commissioners shall be 
cation. elected by the board of education, or appointed by the 



37 1S69. 

superintendent of public instruction, subject to their ap- 
proval. 

Sec. 3. Be it further enacted, That the faculty, the 
commissioners, and three competent persons to be se- 
lected by them, shall act as a board of examiners, and 
may grant diplomas to the regular graduates of their Grant dipiom'a 
respective normal schools in the same manner as diplo- 
mas are granted in the other normal schools of the 
United States. 

Sec, 4. Be it further enacted, That any normal classes 
of the same race, which have been established in the 
cities named in this act, shall be merged into the normal 
schools herein provided for. 

Sec. 5. Be it further enacted, That the scholastic year scholastic yea^ 
for normal schools shall be the same as provided for free 
public schools. 

Sec. 6. Be it further enacted, That the normal classes 
provided for by the action of this board on the 20th day j^tqj.j^^j^j g^j^,^^!^. 
of August, 1869, except those specified in section 4 of this continued. 
act, be, and the same are hereby allowed to be continued 
for the same length of time, viz : From the first Monday 
in January to the last Friday in September, of each year. 

Sec. 7. Be it further enacted. That monthly reports 
shall be furnished the superintendent of public instruc-pp^^f."^*^^^' ^*" 
tion, in the same manner as provided for in the free pub- 
lic school laws. 

Sec. 8. Be it further enacted, That the same regulations pied^^e ra- 
as to admission, and written pledge required of pupils quired of pu- 
to normal classes, shall also apply to pupils of normal p^^^* 
schools herein provided for. 

Sec. 9. Be it further enacted, That each of the above 
named normal schools shall comprise two separate and coior^^sclioois 
distinct departments, one for white students and the separate. 
other for colored students. 

Sec. 10. Be it further enacted. That the entire super- 
vision and control of said normal schools and normal control of 
classes and schools in the State, shall be vested in the ^^o^aisciioola 
commissioners. 

Sec. 11. Be it further enacted, That the superintendent 
of public instruction, upon the receipt of the monthly Payment of 
account current of the expenses, be, and is hereby au- ^^P®^®^* 
thorized to certify the amount to the State Auditor, and 
and the Auditor shall draw his warrant on the State 
Treasurer in favor of said superintendent of public in- 
struction, to be paid by him to the parties to whom such 
money is due. 

Sec. 12. Be it further enacted, That all laws and parts 



1869. 



38 



EepeaUng. of laws, in conflict with this act, be, and the same are 
hereby repealed. 
Approved, December 2, 1869. 



AN ACT 



To define the duties of teachers. 

Section 1. Be it enacted by the hoard of education of the 
State of Alabama, That each and every teacher of the 
free public schools of this State, is hereby directed and 
authorized : First, To hold a certificate of examination 
and qualification from the proper authority ; Second, To 
conduct the school in such a manner that order shall be 
maintained in the school-room and on the playground; 
Third, To see that the school-room and all things per- 
taining thereto are not unnecessarily defaced and injured ; 
Supervision l^ourth, To suspend pupils from school for ten (lU) days 
for gross immorality, misconduct, or persistent violation 
of the regulations, giving immediate notice to the parent 
or guardian of such pupil and the township trustees of 
such suspension, and the cause thereof; Fifth, To hold 
a public examination of his or her school at the close of 
f Public exami- each term ; Sixth, To carry out and enforce each and all 
the rules, laws, resolutions and recommendations passed 
by this board pertaining to their duties, and to certify 
to these facts in each of their reports; Seventh, To 
make out and forward to the clerk of the board of trus- 
tees, and a duplicate to the county superintendent, a full 
and complete report at the close of each month. 
Approved, September 6, 1869. 



Certificate. 



of. pupils. 



nation. 



AN ACT 



To provide for the approving of the Bonds of County 
superintendents of education. 

Section 1. Be it enacted by the board of education of the 

File in office ^^^^^ ^f ^^(^^(^^<^> That each county superintendent of 

of the probate education shall, within sixty days after he has taken the 

prescribed oath and entered upon the duties of his office, 

and before he shall have drawn any public moneys, file 

in the office of the judge of probate in the county in 



39 1869. 

which said superintendent of education may act, a good 
and sufficient bond, not to exceed twice the amount of 
all moneys that may come into his hands at any one 
time, and shall file a certified copy of the same in the 
office of the su}ierintendent of public instruction ; said 
bond to be approved by either the judge of probate ofpj^e^"^*^*^' 
the county where such superintendent may act, or the 
circuit judge, within whose judicial district said superin- 
tendent may act, or by the superintendent of public in- 
struction. 

Sec. 2. Be it further enacted, That all laws or parts of 
laws in conflict with this act are hereby repealed. 

Approved, September 6, 1869. 



AN ACT 
To limit the salaries of county superintendents. 

Section 1. Be it enacted by the board of education of the 
State of Alabama, That in no case shall it be lawful for T.iTr.i t salaries 
the clerks of the board of township trustees to fix the of county su- 
salaries of county superintendents at a sum exceeding P®^"^*^®^*^®^*^- 
one thousand ($1,000) dollars per year ; this bill to be 
in force and effect from and after the 1st day of October 
next. 

Approved, September 6, 1869. 



AN ACT 

To provide for the removal of Township Trustees and 
to fill vacancies. 

Section 1. Be it enacted by the board of education of 
the State of Alabama, That County Superintendents of 
Education shall be and hereby are authorized and re- jj^^jg^^j ^j. 
quired to remove or suspend Township Trustees in any suspension of 
township or other school district in their respective *™^*®^«- 
counties, whenever in their judgment the interests of 
education demand, (or whenever they fail to perform 
their duty as required by law.) 

Sec. 2. Be it further enacted, That the County Superin- 
tendent of Education shall appoint a suitable person or Fm vacancy, 
persons to fill any vacancies in the office of Township 



1869. 40 

Trustee caused by the removal of any Trustee as pro- 
vided for in section one of this act, or which may become 
vacant from any other cause. 
Approved, Dec. 5th, 1869. 



AN ACT 

To provide that the salaries of county superintendents. 
of education be deducted from the apportionment o£ 
their respective counties. 

Section 1. Be it enacted hy the hoard of education of 

the State of Alabama, That the salary of each county 

How paid. Superintendent of education shall be drawn from the 

funds apportioned the several townships of his county, 

in proportion to the amount due each township. 

Approved, Sept. 6, 1869. 



AN ACT 

Calling for a report from county superintendents as to 
the manner in which the schools in townships divided 
by county lines, have been conducted. 

Section 1. Be it enacted hy the hoard of education of 
the State of Alahama, That the county superintendent 
of each county in this State, is hereby required to report 
to the superintendent of public instruction by the 1st 
Superintend- day of October, 1869, the number of townships in the 
tobe/ iy°69. ^' county which are divided by county lines, and the num- 
ber of schools established, and the amount of money 
paid out for each fractional township, or that part of each 
fractional township lying in his county, such report to 
apply to the past school years of 1868 and 1869. 

Sec. 2. Be it further enacted, That whenever any Coun- 
■ ■• ty Superintendent has controlled the fund of a fractional 

part of a township lying in an adjoining county, and has 
failed to establish schools in such fractional township, 
he shall report the same and the cause for his not having 
done so. 

Approved, Sept. 6, 1869. 



41 1S69. 

AN ACT 

To require County Superintendents of Education to 
make a report of school moneys whicii may have been 
turned over by Township Trustees or other school 
officers. 

Section 1. Be it enacted hy the hoard of education of 
the State of Alabama^ That each County Superintendent Keport con- 
in this State shall make a report to the State Superin- ^®^^^5 ^'^^*^™ 
tendent of Public Instruction of all moneys which may 
have come into his possession by the provisions of an 
act known as an act to provide for the disposition of 
certain funds now due to the different counties, and shall 
state the disposition he has made of such moneys. 

Approved, Sept. 6, 1869. 



KESOLUTIOlSrS. 



EESOLUTION. 



Besolved, That the board of education of the State 
of Alabama do hereby recommend the adoption, 
as the text books to be used in all the free public 
schools of this State until January 1st, 1873, the books ^^ext^books to 
enumerated in the circular issued by the superintendent 
of public instruction, and dated January 1st, 1869, a 
copy of which is hereto attached, the prices to remain 
fixed as per circular which has been issued by the super- 
intendent of public instruction prior to the passage of 
this resolution : 



oii^gxjil.-a.:r. 



STATE OP ALABAMA, ) 

Office op Supekintendent op Public Instruction, [- 

MoNTGOMEEY, January 1, 1869. l_ 



CIECULAR TO COUNTY SUPERINTENDENTS. 

I 
1. Complete uniformity of Text Books being essential to the economical and successfu 
•operation of all Public Schools, I have, with the concurrence and under the authority 
of the State Board of Education, carefully and critically examined the leading series of 
school books published in the country, and after mature deUberation, announce the 
following series for use in the public scliools of this State : 



BEADEES AND SPELLERS. 



Reduced con- 
tract prices for 
first introduc- 
tion. 



Parker 
Parker 
Parker 
Parker 
Parker 
Parker 
Parker 
Parker 



and Watson's Primer. 

and Watson's First Reader 

and Watson's Second Reader 

and Watson's Third Reader 

and Watson's Fourth Reader 

and Watson's Fifth Reader 

and Watson's Elementary Speller . . 
and Watson's Pronouncing Speller. 

ARITHMETICS. 



Davies' Primary Arithmetic 

Davies' Intellectual Arithmetic 

Davies' Elements of Written Arithmetic. 
Davies' Practical Arithmetic 



GEOGRAPHY. 



Montieth's First Lessons in Geography 

Montieth's Introduction to Manual of Geography . 

Montieth's New Manual of Geography 

Montieth's Physical and Intermediate" Geography. 
McNaUy's Complete Geography 



Clark's First Lessons in Grammar. 
Clark's Practical Grammar 



COMPOSITION AND RHETORIC. 



Brookfield's First Lessons in Composition. 

Northend's Entertaining Dialogues 

Northend's Little Orator 



Montieth's Youth's History of the United States. 
Willard's School History of the United States. . . 



PENMAMSHIP. 



Payson, Dunton and Scribner's system (12 Nos.). 
Beers' System of Penmanship (12 Nos.) 



Publisher's 
net whole- 
sale price. 



$0 14 
20 
35 
50 
83 
1 03 
14 
25 



17 
35 
55 
93 
1 03 



1 25 
1 25 



.$0 20 
. 30 
. 50 
. 75 
. 1 20 
. 1 50 
. 20 
. 85 



20 
34 
38 

75 



25 

50 

80 

1 35 

1 50 



80 



40 
90 

45 



55 
1 10 



44 



NATURAL SCIENCES. 



Carll's Child's Book of Natural History 

Beck's Ganot's Natural Philosophy 

Steele's Fourteen Weeks' Course in Chemistry. 
Steele's Fourteen Weeks' Course in Astronomy. 
Jarvis' Primary Physiology. . . ^ 



MISCELLANEOUS. 



Smith's Etymology 

Fowle's False Orthography. 
Eipley's Map Drawing 



Montieth's Wall Maps (8) in sheets, each 

Montieth's Wall Maps, mounted on Rollers, each. 
National School Tablets (10 Nos.) 



Eeduced con- 
tract prices for 
first introduc- 
tion. 



Publisher'® 
net whole" 
sale prices. 



35 
1 40 
1 00 
1 20 

60 



90 

35 

1 00 



75 
2 00 
6 00 



The following works are especially commended to teachers, and should be kept on 
hand for perusal by all teachers who wish to excel : 

teacher's libeaey. Wholesale 



Holbrook's Normal Methods of Teaching. 

Northend's Teacher and Parent 

Northend's Teacher's Assistant 

Jewell's School Government 

Page's Theory and Practice 

Proofs School Amusements 

Welch's Object Lessons 

Stone's Teacher's Examiner 



$1 40 


1 20 


1 20 


1 20 


1 20 


1 20 


80 


I 00 



II. Very liberal and advantageous arrangements have been effected for the supply of 
these books, to-wit : A Central State Depot has been established at Montgomery, under 
the supervision of Joel White, who will fill all orders at the Depository, or will ship as 
directed. 

The introductory supplies will be furnished at the prices which are shown above, 
during the ensuing six months from the date thereof ; Teachers certifying to the County 
Superintendent, and Superintendents to Mr. White, in all cases, as to the number of books 
ordered which are for introduction. All books purchased after the introduction, and 
all books purchased after the expiration of six months, will be furnished at the pub- 
lishers' net wholesale prices. 

III. It is hoped that County Superintendents and Principals of Schools will use- 
every reasonable endeavor to have scholars avail themselves of the special introductory 
rates at once, or as soon as possible, thereby securing thorough uniformity at the 
earliest practical period. N. B. CLOUD, 

Superintendent of Puhlic Instruction. 



45 1869. 

KESOLUTION. 

Be it resolved hy the hoard of education of the State of Ala- 
bama, That the appointment of A. H. Eyland, as super- g^ erintend 
intendent of education for Mobile county, i's not ap- enUor^MoMe 
proved, and that we sustain the action of the superin- co™ty- 
tendent of pubhc instruction in revoking the commission 
appointing said A. H. Ryland superintendent of educa- 
cation of said county. 

Passed, August 19, 1869. 



School com- 



RESOLUTION. 

Wheeeas, The following named persons, acting as a 
board of school commissioners for Mobile county, viz : 
G; Horton, W. G. Clark, F. G. Bromberg, A. M. Gran- 
ger, James Baird, J. Carter, R. W. Coale, Charles Mohr, 
Albert Stein, E. S. Watkins, and A. H. Eyland, having ^iggjonej-g 
disregarded the instructions of the superintendent of 
public instruction and the acts passed by this board, and 
having violated the free public school laws of the State, 
and having in various ways failed in the discharge of 
duty : Therefore, 

Be it resolved, That the action of the superintendent 
of public instruction, as set forth in his order, dated 
June 30th, 1869, suspending the above named school supervision 
commissioners for Mobile county, from office, is hereby ^^ commissi'n- 
approved, and their offices declared vacant. 

Passed, August 19, 1869. 



RESOLUTION. 

Be it resolved hy the hoard of education of the State of 
Alahama, That the same rules and provisions which 
by law govern and define the time and manner in which 
the Governor of the State shall approve of or object to approvir^'^o 1 
any bill or resolution of the General Assembly of Ala- laws. 
bama, shall also apply to any bill or resolution having 
the force of law passed by this board of education. 

Passed, November 16, 1869. 



1869. 46 

EESOLUTION. 

Be it resolved hy the hoard of education of the State of 
Worcester's -^Z«^«'w«> That Worcester's Dictionary is hereby adopted 
dictionary. as the standard to be used in all the free public schools 
of the State. 

Passed, December 4, 1869. 



EESOLUTION. 

Be it resolved hy the hoard of education of the State of Ala- 
hama, That a committee of three be appointed on the 
adjournment of the session, to codify the public school 
laws of this State ; said committee not to continue in 
session longer than ten days, unless authorized by the 
superintendent of public instruction ; and said commit- 
tee to receive the same per diem as during the session of 
the board. The committee to report at the completion 
of their work to the superintendent of public instruction, 
who is hereby authorized to publish the same. 

Passed, December 2, 1869. 



EESOLUTION. 

No superin- Bcsolved, That no county superintendent of education 
tendent shall shall engage in teaching in any of the free public schools 
teach. q£ ^^j^jg State during his occupancy of said office. 



EESOLUTION. 

Be it resolved hy the hoard of education of the State of 

School dis- Alahama, That all county superintendents of education 

tricts to be are hereby required to number the several school dis- 

nnmbered. ^ricts in their counties, designating them as " District 

No. 1, District No. 2," &c.; and to keep a complete 

record of the same in his office showing the townships, 

or parts of townships, embraced in each district, and 

shall forward a copy of the same to the superintendent 

of public instruction. 

» f'assed, Dec. 3, 1869. 



47 1869, 

EESOLUTION. 

Besolved, That the superintendent of public instruc- 
tion be and he is hereby authorized to apportion to the formal schois 
normal schools and classes in this State a sum not ex- 
ceeding twenty-five thousand dollars. 

Passed, Dec. 3, 1869. .«», 



EESOLUTION. 

Be it resolved hy ilie hoard of education of the State of 
Alabama, That the committee appointed to codify the Bjauk reports, 
school laws be authorized to prepare all the blanks for 
the reports, required by law, as well as forms, necessary 
for the proper working of the school system, and such 
blanks shall be required to be used by all the school 
officers and teachers in the State. 

Passed, Dec. 4, 1869. 



EESOLUTION. 

Besolved hy the hoard of education of the State of Ala- 
bama, That Geo. L. Putnam, superintendent of educa- 
tion of Mobile county, be and is hereby fully authorized 
to take all legal steps to carry out in the county and city 
of Mobile in this State, all the school laws of the State 
now in force, and of this board, relating to the collection 
and distribution of the school fund due the said county 
of Mobile, and to take such steps as shall be necessary 
to prosecute any and all suits commenced, or to be com- 
menced by or against him or against any member of the 
board of education in relation to school funds of said 
county, and to employ such counsel and attorneys at 
law, as he may deem necessary to manage and conduct 
such suits, whether he be plaintiff or defendant, and to 
pay said counsel and attorneys such reasonable fees out 
of said school fund, going to said county of Mobile, as 
he may deem reasonable and proper. 

Passed, Nov. 19th, 1869. 



ISo. 



Grradle. 



TEACHER'S CERTIFICATE. 

^ THE UNDERSIGNED SCHOOL EXAMINERS 

OF County, Alabama, 

HAVIBTG EXAMINED 



hereby certify that possesses an adequate hioicledge of the 

theory and practice of Teaching, and is qualified to teach Orthogra- 
phy, Keading, Writing, Arithmetic, Geography, Enghsh Grammar, 
and that has fur- 
nished satisfactory evidence of good moral character. 
This Certificate to he valid one year from date. 

Given at ..this day 

of 187 

Grade of Teacher 

1 If 









U.ixlesss and IExx>laii.atioMLS. 

1. Foui" dasscs of Certificates are given, and they are graded in accordance with the 
grades of the Free Public Schools of this State. (See An Act to establish grades in the 
Free Schools of Alabama— School Laws.) 

2. Certificates of the respective grades will be given only to those who have a good 
knowledge of the branches to be taught in those grades. 

3. No Teacher shall teach in a School of a higher grade than liis certificate entitles him 
[but may teach in a School of a lower grade. 



Form 1. 



Teacher's Ifteg'ister. 



^ CD 



Order o±* I>ally Exercise^. 



Time. 



Exercise. 



Time. 



Exercise. 



To Teacliei'S. 

Every Teacher must keep a daily register, giving the number, names, and ages of the 
pupils in his school ; the number of the district in which each pupil hves, and the time 
each pupil is in school. 

The names of the pupils should be arranged alphabetically, and the sexes separate. 

The mark X indicates that the pupil has been in school all day. 

The mark \ indicates that the pupil has been in school a half day. 
, The mark X indicates that the pupil has been tardy. 
4. 



Form 3. Triplicate. 



SCHOOL. 



Eeport of M for month commencing 

187.., and ending 187. 

District No County, Alabama. 



Males . . . 



Females . 



Total... 



Grades. 



Beanches Taught. 



Pupils livi'g 
in other dis- 
tricts. 



pi 



No. 



c3 cc 






No. 



Monthly pay of 
Teacher. .... 

Rate per day. . 

Numb'r of days 
taught 



Amount due. . 

No. visits of 
Sup't, of Edu- 
cation 



No. visits of 
Trustees 



Name and ad- 
dress of teach- 



I certify that the above Eeport is correct, and that I have used in the School under my 
charge the text books prescribed^ (See Acts and Eesolutions of Board of Education) — and 
otherwise comphed with the laws, rules and recommendations of the Board of Education. 

Approved, 

Teacher. 



Trustee. 



Eeceived this day of 187 , of 

, Superintendent of Education, 

County, Alabama, 

dollars for services rendered as Teacher in the Free Puplic Schools in District No. ...... 

as per above Eeport. 



Teacher. 



Form 3. Duplicate. 

SUPERINTENDENTS' MONTHLY FINANCIAL REPORT- 

Sclxools. 

Eeport of M Superintendent, for month ending 



.187. 



District No '. • County, Alabama. 



Number of 
voucbers. 



Articles purchased and 
expenses incurred. 



Fr'm whom purchas'd and 
to whom money is paid. 



Cost. 



Aggregrate amount expended. 



EeceiTedthie day of 187.. 

from the fimd, through the hands of the Superintendent of 

County, Alabama 

, dollars for expenses as per above vouchers. 



Supenviendeni of Education. 



Form 4. Triplicate. 

TRUSTEES' MONTHLY HNANCIAL REPORT. 



•Scliools. 



Keport of M Trustee for month ending 

187.... 

District No County, Alabama. 



Number of Articles purchased and Fr'm whom purchas'd and p + 

voucher. expenses incurred. to whom money is paid. oosi. 



Aggregrate amount expended. 



Keceivedthis day of 187.... 

of Superintenident 

County, Alabama dollars 

for expenses as per above voucher. 



Ihistee. 



FORM OF SUSPENSIOFd OR REVOCATION OF TEACHERS' CERTIFICATE. 

To 

Teaoliei". 

It becomes my duty to inform you that certain charges have 
been preferred against you, on apparently sufficient- grounds, 
alleging that (state the charges plainly and briefly) in consequence 
of which your certificate to teach a Free Public School, is hereby 
declared suspended (or revoked as the case may be) and the right 
to teach a public school in this county, as well as the privileges 
conferred by said certificate, are suspended (or revoked as the case 
may be) until further notice. 
Very respectfully, 



Superintendent of Education. 



FORM OF CONTRACT WITH TEACHER. 

This contract by and between teacher, and the 

School Trustee for School District No . . , , , county of 

State of Alabama, (or Superintendent of Education for the county 
of , State of Alabama,) witnesseth : 

The said agrees to teach a Free Public School in 

District No . . , commencing on the .... day of , 187 . . , for 

the term of months, and well and faithfully to perform the du- 
ties of teacher in said school, according to law, and the rules 

legally established for the government thereof. 

For and in consideration of said services, the said Superintendent 
of Education aforesaid, on behalf of said school district, agrees to 

pay the said the sum of dollars per school 

month at the close of , and to give such further aid as 

the law requires. 
Witness our hands this day of A. D. 187. . 

, Teacher. 

, Trustee. 

Approved. 



SupH of Education. 



INDEX TO SCHOOL LAWS. 



~^ To provide for the. opening of schools 10 

To provide for the payment of outstanding claims for the main- 
tenance of schools 10 

To repeal and to adopt certain acts in the Revised Code of 

Alabama, pertaining to education 11 

To provide for the election of county superintendents and other 

school officers 11 

To take control of the unexpended school funds 12 

To authorize county superintendents of education to investigate 

the condition of school funds 12 

To provide for the offices and pay of a secretary, sergeant-at- 

arms, and page, for the board of education 12 

To declare null and void contracts made by existing school 

authorities 1 13 

To provide for the disposition of certain funds now due to the 

different counties 13 

■~~-To secure co-operation with the bureau of refugees, freedmen, 

and abandoned lands, and the several aid societies 14 

— To provide separate schools 15 

To declare all school offices vacant, and to supervise all existing 

school contracts , 15 

To fill vacancies of school officers ... 15 

Bequiring township trustees to make reports to county superin- 
tendents of all moneys or other school property which may 

have come into their possession 16 

To define more fully the duties of county superintendents 17 

To provide for the furnishing of school rooms. 17 

To authorize the paying oat of school moneys by county super- 
intendents to teachers and others 18 

To create, define, and provide for the control of school districts 18 

To provide for county school organizations 19 

To protect the fund of townships divided by county lines 20 

""^^0 protect the children of each race in townships or districts in 
which the children of either race may be too few in num- 
ber to entitle them, according to law, to a free public 
school 20 



56 

To establish grades in the free pubhc schools of Alabama 21 

To define the scholastic year and other school terms 21 

To define the manner of drawing and disbursing the school 

moneys 22 

To provide for the payment of teachers and other school ex- 
penses ^ 23 

To abolish the special school system of Mobile county 23 

To repeal " an act in relation to schools in the city and county 

of Mobile -.•••••. 24 

To provide for the receiving and disbursing of local school 

funds 24 

To protect parents and guardians in the matter of text books . . 25 

To provide for public schools in the city of Selma 26 

To continue in force " an act to provide for free public schools 

in the city of Selma." 27 

To fix the grade of teachers of the free public schools in Ala- 
bama, and to provide for expenses of examining board .... 28 
To provide for the removal of county superintendents of educa- 
tion, and to fill vacancies 29 

To prescribe and define the duties of teachers 29 

To protect the school fund of the State, and secure its proper 

distribution to both races 80 

To define the duties of superintendent of public instruction ... 31 
Supplementary to an act to define the duties of superintendent 

of public instruction 34 

To define the duties of county superintendents of education . . 34 
Supplemental to an act to define the duties of county super- 
intendents 36 

Supplementary to an act to provide for the education of teach- 
ers 36 

To define the duties of teachers 38 

To provide for the approving of the bonds of county superin- 
tendents of education 38 

To limit the salaries of county superintendents 39 

To provide for the removal of township trustees and to fill va- 
cancies 39 

To provide that the salaries of county superintendents of edu- 
cation be deducted from the apportionment of their res- 
pective counties 40 

Calling for a report from county superintendents as to the 
manner in which the schools in townships, divided by 

county lines, have been conducted 40 

To require county superintendents of education to make a 
report of school moneys which may have been turned over 
by township trustees or other school officers 41 









1. ..A. ^W S ■■'■ ■"^^^'^^"-— : 



';}■:• A'l I.Nn Tf 



il I.' 



PUBLIC SCHOOLS 



ALABAMA 



Hl^rM.AAlKH /V]S!'r> :POKJSlB. 



STl . 



ifcd by jOSEFH HODGSON, Superintendent of PuWio Instr-uction, arid Published 
by Order of the Board of Sducation. 



MONTGOMERY, ALA.: 

n . \s IS C K E W S., 8 T A T v; !■ U T N T V, H 

187i. 



Tu^^W & 



DELATING TO 



THE PUBLIC SCHOOLS 



ALABAMA, W«:-^i^'^.«« 



EEMI^RKS ^ND FORMS. 



1 8 V 1 - 




Cadified Tsy JOSIIH EOrGSON, Superintendent of Putlic Instruction, and Putilished 
ly Order of the Board of Education. 



MONTGOMEkY, ALA.: 

W. W. SOBEWS, STATE PKINTE] 

1871. 



SEP 23 1SQ4 
D.ofD, 



SCHOOL LAWS. 



OTIO 


N. 


SECTION 


1. 


The board of education. 


9. 


2. 


The president of the boai'd. 




3. 


Term of office of members. 


10. 


4. 


Mode of election. 




6. 


Powers of the board. 


11. 


6. 


Duties of the board. 




7. 


Concurrence of a majority. 


12. 


a 


A corporate body — Board of 

regents of the State Uni- 


13. 




versity, 


14. 



ARTICLE I. 

[art. XI OF THE GONSTrTUTION.'J 

CONSTITUTIONAL PEOTISIONS AFFECTING EDUCATION. 

Time of meeting, and length 
of session. 

Certain funds appropriated to 
educational purposes. 

Also oae-fif th of the aggregate 
annual revenue. 

A poll tax may be levied. 

Specific tax on certain corpor- 
ations and agencies. 

The agricultural college fund. 

§ 1. The loardqf education, — -The common schoois, and 
other educational institutions of the State, shall be under 
the management of a board of education, consisting of a 
superintendent of public instruction and two members 
from each congressional district. 

The governor of the State shall be ex-offido a member 
of the board, but shall have no vote in its proceedings. 

§ 2. President of the board, — The superintendent of 
public instruction shall be president of the board of edu- 
cation, and have the casting vote in case of a tie ; he shall 
have the supervision of the public schools of the State, 
and perform such other duties as may be imposed upon 
him by the board and the laws of the State. He shall be 
elected in the same manner and for the same term as the 
governor of the State, and receive such salary as may be 
fixed by law. An office shall be assigned him in the capi- 
tol of the State. 

§ 3. Term of office of members. — The members, of the 
board shall hold office for a term of four years, and until their 
successors shall be elected and quahfied. After the first 
election under the constitution, the board shall be divided 
into two equal classes, so that each class shall consist of 
one member from each district. The seats of the first 
class shall be vacated at the expiration of two years from 
the day of election, so that one-half may be chosen bien- 
nially. 



SCHOOL LAWS 

§ 4. 3Iode of election. — The members of the board of 
education, except the superintendent, shall be elected by 
the qualified electors of the congressional districts in 
which they are chosen, at the same time and in the same 
manner as the members of congress. 

§ 5. Powers of the hoard. — The board of education 
shall exercise full legislative powers in reference to the pub- 
lic educational institutions of the State, and its acts, when 
approved by the governor, or when re enacted by two 
thirds of the board, in case of his disapproval, shall have 
the force and effect of law, unless repealed by the general 
assembly. 

§ 6. Duties cf the hoard. — It shall be the duty of the 
board to establish, throughout the State, in each township, 
or other school district which it may have created, one or 
more schools at which all the children of the State, be- 
tween the ages of five and twenty-one years, may attend 
free of charge. 

§ 7. Concurrence of a majority. — No rule or law affecting 
the general interest of education shall bo made by the 
board without the concurrence of a majority of its mem- 
bers. The style of all acts of the board shall be, "Be it 
enacted by the board of education of the State of Ala- 
bama." 

§ 8. A co7-porcde hody — hoard of regents of the Slate Uni- 
versity. — The board of education shall be a body politic 
and corporate, by the name and style of the board of edu- 
cation of the State of Alabama, Said board shall also be 
a board of regents of the State university, and when sit- 
ting as a board of regents of the university, shall have 
power to appoint the president and the faculties thereof. 

The president of the university shall be ex-o£lcio a mem- 
ber of the board of regents, but shall have no vote in its 
proceedings. 

§ 9. Time of meeiting and length of session. — The board 
of education shall meet annually at the seat of govern- 
ment at the same time as the general assembly, but no 
session shall continue longer than twenty days, nor shall 
more than one session be held in the same year, unless au- 
thorized by the governor. The members shall receive the 
same mileage and aaily pay as the members of the general 
assembly. 



OP ALABAMA. 

§ 10. Certain funds appropriated to educational purposes. 
The proceeds of all lands that have been or may be granted 
by the United States to the State for educational purposes ; 
of the swamp lands ; and of all lands or other property 
given by individuals or appropriated by the State for 
like purposes; and of all estates of deceased persons who 
have died without leaving a will or heir ; and all moneys 
which may be paid as an equivalent for exemption from 
military duty, shall be and remain a perpetual fund, which 
may be increased but not diminished, and the interest and 
income of which, together with the rents of all such lands 
as may remain unsold, and such other means as the gen- 
eral assembly may provide, shall be inviolably appropri- 
ated to educational purposes, and to no other purposes 
whatever? 

§ 11. One-fifth of the annual revenue. — In addition to the 
amount accruing from the above sources, one-fifth of the 
aggregate annual revenue of the State shall be devoted 
exclusively to the maintenance of public schools. 

§ 12. Poll tax. — The general assembly may give power 
to the authorities of the school districts to levy a poll tax 
on the inhabitants of the district in aid of the general 
school fund, and for no other purpose. 

§ 13. Specific tax on corporations and agencies. — The gen- 
eral assembly shall levy a specific annual tax upon all 
railroad, navigation, banking, and insurance corpora- 
tions, and upon all insurance and foreign bank and ex- 
change agencies, and upon the profits of foreign bank 
bills issued in this State by any corporation, partnership 
or persons, which shall be exclusively devoted to the main- 
tenarice of public schools. 

§ 14. The agricultural college fund. — The general assem- 
bly shall, as soon as practicable, provide for the establish- 
ment of an agricultural college, and shall appropriate the 
two hundred and forty thousand acres of land donated to 
this State for the support of such a college, by the act of 
congress, passed July 2, i8H2, or the money or scrip, as the 
case may be, arising from the sale of said land or any 
lands which may hereafter be granted, or appropriated for 
such purpose, for the support and maintenance of such 
college or schools, and may make the same a branch of 
the University of Alabama for in^truetioii in the agricuU 



SCHOOL LAWS 



ture, in the mechanic arts, and the natural sciences con- 
nected therewith, and place the same under the supervis- 
ion of the regents of the university. 



ARTICLE II. 



POWERS OF THE BOAED OF EDUCATION. 



[Extracts, conveniently arranged in sections, from a decision of the Supreme 
Court of Alabama, (Mobile School Commissioners vs. Pvitnam,) at the June 
Term, A. D., 1870.] 



SECTION. 
1. 



Meaning of first section of 
article I. 

Legislative powers of the 
board. 

Unlimited powers over pub- 
lic schools. 

Repealing power of the gen- 
eral assembly. 

The present system covers all 
the State. 



SECTION. 

6. Authority of resolutions of the 

board. 

7. Period of the scission of the 

board. 

8. Authority of printed acts of 

the Board. 

9. The general acts of the board 

are public acts. 



§ 1. Meaning of sec. 1, article I. — The language of the first 
section of this article [Article XI, Constitution,] includes 
and embraces the common schools, and all the other pub- 
lic educational institvitions of the State. It does not in- 
clude private schools, conducted by individuals for their 
own profit and emolument, nor educational institutions, 
founded upon, and supported by private capital or endow- 
ments, although incorporated by the State, and, therefore, 
in a limited sense, public in their character. This is the 
view taken of it by the board of education, and we think 
correctly, as appears by section four of the act entitled 
"an act to secure co-operation with the bureau of refugees, 
freedmen and abandoned lands, and the several aid socie- 
ties," approved August, 1868. This section declares, "that 
all the schools of the State of Alabama, not maintained 
by private teachers for their benefit, shall be under the 
general direction of the board of education, and conduct- 
ed, as far as practicable, on the same general plan." — Acts, 
1868, p. 160. 

§ 2. Legislative -powers of the hoard. — The great system 
intended to be inaugurated under this article of the con- 
stitution, it was foreseen, would require legislative aid and 
assistance, This might have been left to the general as- 



OF ALABAMA. 

sembly, but the convention, no doubt, believed the gen- 
eral assembly would be, to a great extent absorbed, and 
their time mostly employed with the many other subjects 
requiring legislation, and if not, its members would not so 
well review and understand the particular legislation neces- 
sary, to promote the best interests of education, as a 
board elected from all the congressional districts of the State 
with a view to their fitness, and having under their imme- 
diate management and supervision, the entire system it- 
self; and, moreover, the members, being elected for four 
years, would have an esperience hardly td be looked for in 
an ordinary legislative body. 

For^these,5or for other reasons, satisfactory to the con- 
vention, the board of education, by the fifth section of 
this article, is clothed and invested with full legislative 
powers in reference to the public educational institutions 
of the State. 

§ 3. Unlimited poivers over puhlic schools. — These full 
legislative powers cover the entire field of legislation up- 
on this subject, including the offices and agents to be em- 
ployed, the mode and manner of their election, or appoint- 
ment, the terms of their respective officers ; their duties, 
compensation, and for what causes, and by whom, they 
may be suspended or removed from office — these and any 
other matters requiring legislation, are necessarily em- 
braced by the expression, "full legislative powers." "Full 
legislative powers," as here used, mean ample, complete, 
perfect powers, not wanting in any essential quality ; other- 
wise, they would be limited, and not full powers ; whatever, 
therefore, the general assembly might have done, if legis- 
lative powers had not been conferred upon the board of 
education, may be done by said board, in reference to the 
common schools, and other educational institutions of the 
State. Said board was not created to conduct and man- 
age the old system of education ; they have power to adopt 
such parts thereof, as they may think proper, or to reject 
them altogether. 

§ 4. Repealing power of the general assembly, — The fifth 
section of this article, not only confers upon this board 
full legislative powers, but declares that its acts, when ap- 
proved by the governor, or when re-enacted by two-thirds 
of the board, in case gf disapproval, shall have the force 



SCHOOL LAWS 

and effect of law, unless repealed by the general assembly. 
The general assembly has the power to repeal them, that 
is all ; but, until repealed, they have the same force and 
effect as the acts of the general assembly itself. Further- 
more, they are to be treated as public, and not private acts, 
and the courts will take judicial notice of them as they do 
of the other public laws of the State. 

§ 5. The 'present system covers all the State. — By our pres- 
ent constitution, an educational system is provided for the 
entire State, and neither Mobile nor any other county is 
excepted or exempted from its provisions ; all are embraced 
within it. This new system is essentially different from 
the system that existed before it, created for the county of 
Mobile, and the State at large, and, consequently, they 
can not stand together. The old systems are necessarily 
repealed by the new, only continuing to enable the officers 
of the old systems to settle with and turn over the moneys 
and other things in their hands to the persons entitled to 
receive them under the new system. The old systems were 
beings of legislative creation, and existed by legislative 
permission, and were merely administrative in their char- 
acter. The new had deeper foundation and powers un- 
known to the old systems ; it has not only administrative, 
but full legislative powers as to all matters having refer- 
ence to the common schools and tlie public educational 
institutions of the State. It can not be destroyed, nor 
essentially changed by legislative authority ; and, even the 
funds for its support do not depend upon legislative bounty, 
but are mainly provided by the constitution itself ; this 
new system has, therefore, independent, permanent, con- 
stitutional existence, deriving its being and receiving its 
powers from the constitution and not from the legislative 
authority of the State." 

§ 6. Authority of resolutions of the board. — Every person, 
having any considerable knowledge of parliamentary pro- 
ceedings, knows that it is a common thing, in this country, 
for legislative bodies to pass resolutions that have, in no 
accurate sense, the force of laws, and, therefore, the ap- 
proval of the governor is not necessary to give them effect. 
The 16th section of the Constitution, Art. lY., declares that 
" every bill or resolution having the force of' law, to which 
the concurrence of both houses of the general assembly 



OF ALABAMA. 

may be necessary, except on a question of adjournment, 
which shall have passed both houses, shall be presented to 
the governor for his approval," showing that there are reso- 
lutions that have not the force of law in the sense in which 
that word is used in this section. Take, as an example, 
resolutions requiring members of congress, and instruct- 
ing senators to vote in a certain way on some particular 
measure before congress. Such- resolutions, although 
commonly in form, joint resolutions, and although it is 
usual for them to be approved by the governor, yet it is 
certain they need not be so approved, because they are not 
laws, for if laws, the senators, at least, would have to obey 
them, which we know is not always the case. The 2d sec- 
tion of said article declares that the style of the laws of 
this State, shall be, ^'Be it enacted by the General Assembly 
of Alabama.^' No resolution, passed by the general as- 
sembly, with the approval of the governor, and having 
the force of law, has this "style." If it had, it would not 
be a resolution, but an act. In a proceeding to suspend 
an officer from his office, the approval or disapproval of the 
board of education, is appropriately expressed by resolu- 
tion, and the approval of such a resolution by the gov- 
ernor is not necessary to give it effect. 

§ 7. Period of session of the board. — The constitution 
manifestly intends to give the board of education at least 
twenty business days, but it does not require that they 
shall follow in successive order. We can see no reason 
why the board may not take a recess during the session, as 
is often done by the general assembly, without having the 
days of a recess counted against it. The constitution is 
not to be construed like an ordinary statute of limitations. 
Furthermore, if necessary to sustain its legislative acts, it 
should be presumed, if necessary, that the session was con- 
tinued for a longer period than twenty days " by authority 
of the governor." The governor may unquestionably 
authorize a session to continue beyond the period of 
twenty days. "Unless authorized by the governor," as 
used in this section, is an expression adverbial in 'its char- 
acter, and intended to qualify both the preceding members 
of the sentence, without the necessity of a repetition. If 
the sentence is written out at length, without the illipsis, it 
will read thus : no session shall continue longer than 



10 



SCHOOL LAWS 



twenty days, " unless aathorized by the governor ; " nor 
shall more than one session be held in the sanjeyear, " un- 
less authorized by the governor." 

§ 8. Authority of printed acts of hoard. — Besides all this, 
we find these acts of the board of education bound up in 
the same book with the laws of the general assembly, and 
published by authority. Mr. Greenleaf, in his first volume 
on evidence, sec, 480, says : " In most, if not ail, of the 
United States, the printed copies of the laws and resolu- 
tions of the legislature, published by its authority, are 
competent evidence, either by statute or judicial decisions, 
and it is sufficient prima facie that the book purports to 
have been so printed." — See, also, § 4:b9. The same pre- 
sumptions are to be made in favor of the acts of the board 
of education as are made in favor of the acts of the gen- 
eral assembly. 

§ 9. The acts of the hoard are 'public acts. — The analogy 
attempted to be established between courts of limited juris- 
diction and powers of the board of education, is without 
foundation. The legislative jurisdiction or powers of the 
board of education, is not limited, but general and full, as 
to all matters in reference to common schools and the edu- 
cational institutions of the State ; and, consequently, the 
general acts of said board are not private but public acts ; 
of which the courts will take notice without requiring them 
to be specially pleaded. 



AKTICLE III. 



THE PUBLIC SCHOOL REVENUE, 



SECTION, 
1. 

2. 
3. 
4. 
5. 
6. 



The poll tax. 
Surplus revenue fund. 
Valueless 16th sectionfund. 
Sixteenth section fund. 
Special county tax. 
Fmes tor trespass on school 
lands. 



SECTION. 

7 . Private don ations, swamp lands, 

escheats, and military fines. 

8. One-Hrth of annual revenue. 

9. One hundred thousand dollars. 
10. Taxes from certain corpora- 
tions. 



§ I. The poll tax.- — There shall be assessed upon and 
collected from every male inhabitant in this State over the 
'^*p^299^^' age of twenty-one years and under foity-five, the sum of 
one dollar and fifty cents, as poll tax, which shall be ap- 
plied exclusively in aid of the public school fund. 



OF ALABAMA. 11 

§ 2. Stirplus revenue fund. — The annual interest, at eight 
per cent., on that part of the surplus revenue of the United ^§"957.° ®' 
States deposited with this State, under the act of congress 
of the 23d of June, 1836. 

§ 3. Valueless sixteenth section fund. — The annual interest, 
at eight per cent., on the proceeds of the sale of certain ^^^"^ " 
lands granted by the United States for the use of schools 
in the valueless sixteenth sections in this State, under the 
act of congress of the 11th of August, 1848. 

§ 4. Sixteenth section fund. — The annual interest, at eight 
per cent., on the fund which has accrued, or may here- ibid. 
after accrue, from the sales of the sixteenth sections of the 
several townships of this State. 

§ 5. Special county tax. — Each and every county in this 
State, (School Acts, p. 23,) is hereby authorized to §992. 
raise annually by special tax ( in the same manner as other 
county taxes shall be levied ) upon real and personal prop- 
erty within the county, an amount of money not exceeding 
ten cents on each one hundred dollars of valuation, for the 
support of the common schools therein, and for providing 
suitable houses, and purchasing libraries and apparatus for 
such schools. 

§ 6. Fines for trespass on school lands. — Any person who, 
•without authority, cuts down, injures, or destroys any tree 
on school lands, shall forfeit and pay for every such tree §§594-5.' 
ten dollars, to be recovered before any court having juris- 
diction, in the corporate name of the township ; and every 
trespasser on school lands is guilty of a misdemeanor, and 
on conviction must be fined not less than three times the 
amount of the injury occasioned by such trespass. All 
such fines and forfeitures are to be paid into the State 
treasury, and added to the principal of the school fund of 
the township. 

§ 7. Private donations, siuamp lamd, escheats, and military 
fines. — The proceeds of all lands that have been or may beArt. xi, §9, 
granted by the United States to the State for educational 
purposes ; of the swamp lands ; and of all lands or other 
property given by individuals or appropriated by'the State 
for like purposes ; and of all estates of deceased persons 
who have died without leaving a will or heir ; and all mo- 
neys which may be paid as an equivalent for exemption 
from military duty, shall be and remain a perpetual fund, 



12 



\ 



SCHOOL LAWS 



Art. XI, § 11, 
Constitution 



Eev. Code, 
§957. 



Art. XT, § 13, 
Const. 



which may be increased, but not diminished, and the in- 
terest and income of which, together with the rents of all 
such lands as may remain unsold, and such other means 
as the general assembly may provide, shall be inviolably 
appropriated to educational purposes, and to no other pur- 
pose whatever. 

§ 8. One-Jifth of annual revenue. — One-fifth of the aggre- 
gate annual revenue of the State shall be devoted exclu- 
sively to the inaintenance of public schools. 

§ 9. One hundred thousand dollars. — The annual ap- 
propriation, from any money in the treasury not oth- 
erwise appropriated, of such a sum, not to exceed 
one hundred thousand dollars, as shall, together with 
the other funds set apart by this act, enable the 
superintendent to allow and pay to each township of the 
State a sum, to be ascertained by multiplying one dollar 
and fifty cents by the number of children in such township 
within the educational age, and deducting from the result 
the sum annually received, by such township from the sale 
or lease of its sixteenth section. 

§ 10. Taxes from certain corporations. — The General 
Assembly shall levy a specific annual tax upon all 
railroad, navigation, banking and insurance corpora- 
tions, and upon all insurance and foreign bank and 
exchange agencies, and upon the profits of foreign bank 
bills issued in this State by any corporation, partnership 
or persons, which shall be exclusively devoted to the main- 
tenance of public schools. 

Note.— See Appendix I for the amount of school funds certified b}- the State 
Auditor as due to the Department of Education for the scholastic year, begin- 
ning January 1st, 1871, and ending September 30th, 1871. It happens that this 
scholastic year is of only nine montns, and hence receives one-fourth less in- 
terest upon the sixteenth section fund than the scholastic years hereafter will 
receive. 

See Appendix II for the principal and interest credited to eachtownsl.ip upon 
the sixteenth section fund for the scholastic year 1871. This fund may be 
increased by payment of outstanding notes or by sales of lands ; but cannot 
be decreased. 



OF ALABAMA. 

AETICLE IV. 



13 



SAI.E OP SCHOOL LANDS. 



SECTION, 
]. 

2. 
3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 

15. 
16. 



Election to sell lands. 

Lispeetoi's of election. 

Absence of inspectors._ 

Opening and closing of polls. 

Manner of voting. 

Survey after election. 

Plat of survey. 

Notice of sale. 

Public auction and terms of sale. 

These provisions only directory. 

Report of sale to Sec'y of State. 

Ke-sale on default. 

Certificate of purchase. 

Effect of certificate and rever- 
sion. 

Eecovery of reverted lands. 

Note-i deposited with probate 
jvldg^>. 



SECTION. 

17. Probate judge must deposit 

with State superintendent. 

18. Fines under § § 15 and IG go to 

school fund. 

19. When patent for lands is issued. 

20. Issuance of patent by Secretary 

of State. 

21. Mistake in patent. 

22. On certificate of State Sup't. 

23. Suits brought by trustees. 

24. Matured notes, how collected. 

25. Attorney-General may appoint 

H gents. 

26. Collections on notes to be cred- 

ited to township. 
Note. — Suspension of sales. 



§ 1. Election to sell lands. — The trustees of any township 
may, on giving twenty days' notice, by advertisement, at ^ev. Code, 
three of the most public places therein, hold an election to 
ascertain the sense of the township respecting the sale of 
school lands belonging thereto, and may appoint the place 
where such election is to be held, and three inspectors to 
manage the same. 

§ 2. Inspectors of elections. — The inspectors, before hold- 
ing such election, must take an oath to conduct the same-'-'^^'^ ^^^'^• 
fairly, which may be administered by one to the other, and 
they may appoint clerks. 

§ 3. Absence of inspectors. — If any inspectors are absent, .^, . , , ^„„ . 

■ . , . , 1 •(. , Ibid §598. 

those present may supply their places, and it none attend, 
any three freeholders or householders of the township may 
act. 

§4. Opening and closing of polls.— The polls are to be .^ .^gg 
opened at eleven in the morning, and closed at five in the 
afternoon. 

§ 5. Planner of voting.— -The voters must write upon their 
tickets "sale" or " no sale," deposit them in the ballot- Ibid §600. 
box, and the inspectors, after ascertaining the result, must 
certify the same to the trustees. 

§ 6. Survey after election. — If, on such election, there is 



a majority of the white male inhabitants of the township, 
over twenty- one years of age, voting in such election, in 
favor of a sale, the trustees are to have the lands surveyed 
in lots, so as to command the highest price ; have a plat of 



Ibid ,§ 601. 



Ibid § 602. 



14 SCHOOL LAWS 

such survey made ; and being sworn fairly to value such 
lots, must fix a minimum price upon each. 

§ 7. JPlat of survey. — Such plat, w^ith the minimum 
price marked upon each lot, is to be kept by one of the 
trustees, free to the inspection of all persons desiring to 
examine the same. 

§ 8. Notice of sale. — As soon as the lands are surveyed, 

Ibid §603. the trustees must give thirty days notice of the time and 

place of sale by advertisement, at three public places in 

the township, and in such other mode as they think 

proper. 

§ 9. Public auction and terms of sale. — On the day ap- 

Ibid §604. pointed for the sale, between the hours of eleven in the 
morning and two in the afternoon, each lot must be oifered 
separately, and sold at public auction to the highest bidder, 
above the minimum price, on a credit of one, two, three, 
and four years, in equal annual installments, with eight per 
cent, interest from date ; the purchaser giving his notes 
therefor with two or more securities, approved by the trus- 
tees, and payable to the State of Alabama for the use of 
township , range , designating it by its num- 
bers. 

§ 10. Directory provisions. — The provisions of this arti- 

Ibid §605. q\q {q. relation to the sale of school lands must be construed 
as directory only. 

§ 11. Beport of sale to Secretary of State. — The trustees 

Ibid §606. making such sales must make a return thereof within ten 
days thereafter to the Secretary of State, which return 
shall specify the date of sale, the quantity of land in acres, 
the number of the lots purchased, the amount of the pur- 
chase money given for each lot, the name of the purchaser, 
and the amount of the purchase money retained to defray 
the expenses of the survey and the sale of the same ; and 
it shall be the duty of the Secretary of State to file such 
returns in his office. 

§ 12. Re-sale on default. — If any one fails to give his 

Ibid §607. notes and security as required by section 9, the lot is 
advertised and re-sold, as if no sale had been made ; the 
first purchaser being responsible for the difference between 
his bid and the amount bid for the lot at the subsequent 
sale, if less than the amount bid at the first sale. 



OF ALABAMA. .15 

§ 13. Certificate of purchase. — The trustees, on the exe- 
cution of the notes, must give to the purchaser a certifi- ^ ^ 
cate of purchase, showing the quantity of land in acres, 
describiog the lots purchased, and specifying the amount 
of the purchase money. 

§ 14. Effect of certificate and reversion. — Such certificate 
conveys to the person therein named, his heirs or assigns, ^' ? ^ • 
a conditional estate in fee, to become absolute on the pay- 
ment of the purchase money and interest, and which re- 
verts to the State for the uses originally granted, in the 
following cases : ^ 

1 . When ail the notes have become due, and the makers 
have left the State, or died insolvent. 

2. When a recovery on such notes is defeated, by any 
defense avoiding the contract of sale. • 

3. When a recovery is had against all the makers, and 
execution has been returned, no property, by the proper 
officer of the county in which the township lies ; or when 
judgment is had and execution returned against any one 
or more of such makers, no property, the others having 
left the State or died insolvent, 

§ 15. Recovery of reverted lands. — No proceeding is neces- 
sary to revest the title in the State on the happening of ibi'i §6^0. 
the events specified in the preceding section ; but such 
lands may be recovered in the name of the State for the 
use of the township, against any person in possession of 
the same, upon proof of the facts. 

§ 16. Notes deposited ivitli probate judge. — All notes for 
the sale of school lands must be deposited by the trustees ^^ ^^ " 
with the judge of probate of their county, within six 
months after the sale, who must give his receipt for the 
same ; and failing to make the deposit within the time 
prescribed, each of the trustees forfeits the sum of one 
hundred dollars, one half to the person sueing for the 
same, the other to the State for the use of the township. 

§ 17. Probate jiidge must deposit with State Superintendent. 
The judge of probate receiving any notes taken for school ibid §612, 
lands, must, within six months, deposit the same in the 
office of the superintendent of public instruction, tak- 
ing his receipt for the same ; and failing to make the 
deposit within the time herein required, incurs the same 
penalty as specified in the preceding section, recoverable 



16 SCHOOL LAWS 

bj any person siieing for the same ; one-half to the use of 
such person, and the other to the State for the use of the 
township ; and on the trial, the certificate of the Secretary 
of State, as to such failure, is presumptive evidence thereof. 
§ 18. Fines go to scliool fund. — The amount received by 
Ibid §613. the State upon recoveries had under the two preceding 
sections, is to be added to the principal of the school fund 
of the township. 

§ 19. When patent for land is issued. — A patent issues 
Ibid §6M. OD the paj'ment of the purchase money, to the purchaser, 
his heirs, or assigns ; and when the patent is to the. heirs, 
it vests a title in all persons entitled to claim in that capaci- 
ty, under the provisions of this code. 

§ 20. Issuance of patent by Secretary of State. — The secre- 

^ ■ tary of State mitst issue patents upon satisfactory evidence 

furnished him of full payment of purchase money, to any 

person, agent or officer, legally authorized to receive such 

Ibid §616. payment. 

§ 21. MistaJce in patent. — Upon proof to the Secretary of 
State of a mistake in the issuance of any patent, he must 
correct the mistake or issue a new patent on the return of 
the original to his office. 

§ '<:2. On certificate of State Superintendent. — Except under 

Ibid § G17. the two preceding sections, no patent must issue without the 

certificate of the superintendent of public instruction, that 

the whole amount of the purchase money specified in the 

certificate, with all interest thereon, has been paid. 

§ 23. Suits brought by trustees. — The trustees of any 

Ibid §618. township may direct suits at law or equity, in all cases 

affecting the interest of such townships ; the counsel fees 

to be paid by the trustees out of the interest of the school 

fund of such township. 

§ 24. Matured notes, how collected. — All notes for school 
Bev Code 5428^^^^^ deposited with the State Superintendent, if not paid 
Acts 57-58, within six months after maturity, must be placed with the 
attorney general for collection ; Provided, That this sec- 
tion shall not be so construed as to prevent the superin- 
tendent of education from ordering suit on notes at any 
time after maturity, when so ordered by the trustees of the 
township or the sureties of said notes. 

§ 25. Attorney general may appoint agents. — The attorney 
Sev. CodeȤ428 general may appoint agents for the collection of such 



OP ALABAMA. 



17 



notes, being responsible for any neglect on the part of such 
agent. 

§ 26, TotvnsMps credited ivitli collections. — All collections 
on notes given for the sale of school lands must be paid ^^^29°*^^' 
into the treasury of the State, to the credit of the proper 
township. 

Note. — Suspension of sale. — The board of education, at their session in No- 
vember, 1870, passed the following act, which will probably be in force only so 
long a time as will enable an enquiry to be made into the value of the unsold 
school lands : 

Se it enacted by the Board of Edaoaiion of the State of Alabama, That from 
and after the passage of this Act the sale of all sixteenth sections now unsold, 
be, and the same is hereby suspended. 



ARTICLE V. 

LEASE OF SCHOOt LANDS. 



SECTION, 
1. 

2. 
3. 

4. 
5. 



Timber lots reserved. 
Balance leased, terms, &c. 
Notes payable to township. 
Leased" by auction ; notice. 
Duties of lessee. 



SECTION'. 

6. Timber lots ; how used. 

7. Penalty for taking timber or 

trespassing. 

8. Eines, how disposed of. 



§ 1. Timber lots reserved. — The trustees, after the surveys 
and plats provided for by the preceding article, may select 
such lots as they think proper, to reserve from cultivation §588. 
for the benefit of the timber thereon, and must mark the 
same "reserved" on the plat thereof. 

§ 2. Balance leased ; terms, (&c. — The trustees may lease, 
for not exceeding five years, the lots so laid out and not 
reserved ; may stipulate for such improvements as they ^^^^ ^ ^^^" 
may deem expedient, and require, if they thiuk proper, 
security for rents and improvements ; the rent is to be paid 
annually, but in case of improvements, they may stipulate 
for the rents to commence after the commencement of the 
lease. 

§ 3. Notes payable to toiunship. — All notes, bonds and con- 
tracts, for the lease of school lands, are to be made pay a- ibid §590. 
ble to the township by corporate name. 

§ 4. Leases made by auction ; notice.-^M\. school lands 
must be leased at some place in the township, at public n^j^j §591^ 
auction ; and at least six weeks previous notice must be 
2 



18 SCHOOL LAWS 

given, by advertisement, designating the time and place 
at three public places in the township ; and such other no- 
tice as tbe trustees deem expedient. 

§ 5. Duties of lessee. — The lessee is bound to treat the 

lb:d §592. ]and, houses and improvements in a careful and husband- 
like manner ; to commit no waste ; and must comply with 
such further restrictions as the trustees deem expedient to 
insert in the lease ; and if such lessee or any person claim- 
ing under him, commit waste, fail to pay the rent, or to 
comply with any any other stipulation, the trustees have 
the right to declare the lease forfeited. 

§ 6. Timher lots ; lioio used. — The lots reserved for tim- 

ibid §593. ber are for the common benefit of the lessees of the other 
lots ; but no timber must be cut down, injured, or destroy- 
ed, as long as there is sufficient in the other lots, which the 
trustees are to determine ; and the lessees must in no case 
cut down, injure, or destroy such timber, without permis- 
sion from the trustees, which may be given in such terms 
as they think proper, having a due regard to the interest 
of their townships. 

§ 7. Penalties for taking timher or trespassing. — Any per- 

Ibid §594. son who, without authority, cuts down, injures, or destroys 
any tree on the school lands, shall forfeit and pay for every 
such tree, ten dollars, to be recovered before any court 
having jurisdiction, in the corporate name of the township ; 
and every trespasser on school lands is guilty of a misde- 
meanor, and, on conviction, must be fined not less than 
three times the amount of the injury occasioned by such 
trespass. 

§ 8. Fines turned over to scliool fund. — All fines and for- 

Ibid §595. feitures under the preceding sections are to be paid into 
the State treasury, and added to the principal of the school 
fund of the township* 



OF ALABAMA. 

AETICLE VI. 

AI'POETIONMENT OF THE SCHOOL rUKl>. 



SECTION. 

1. Made upon OBcicial etiumei-a- 

tiois. 

2. Apportionment of local school 

fauds> ' 



SECTION. 

3. Apportionment aa to race. 

4. Misdemeanov in school officers* 

5. Keversion of unexpend'd sums. 
Note.— Maimer of apportionment. 



Ibid. 



^ 



Ibid. 



§ 1. 31oAe upon c^cial enumeration.— The school funds 
of the State shall be apportioned by the superintendent of 
public instruction to the different counties and townships ^g^Q ^^^^go. 
or other school districts that may be created by this board 
of education, according to the official enumeration of the 
children therein, an equal amount pro rata for the benefit 
of each race. 

§ 2, Apportionment of local funds. — All local funds raised 
by taxation or otherwise, for the support of free public, 
schools, shall be apportioned and expended in the district' 
or districts where such funds have been raised, in the same 
manner as the State funds. 

§ d. Apportionment as to race. — It shall be the duty ol all 
school officers to enforce the provisions of this act so that 
all moneys apportioned shall be expended in the support 
of the free public schools for the race to which it is appor- 
tioned. 

§ 4. Misdemeanor in school officers. — It shall be consid- 
ered a misdemeanor in office for any school officer or'"-'^^'^' 
officers to fail to comply with the provisions of this act. 

§ 5. Reversion of unexpended sums. — The amounts de- 
clared to the various townships of the State out of the Rev. Code, 
appropriation will remain to their credit, and be subject to 
draft for two years ; at the expiration of which time, the 
shares for the two years, except the sixteenth section shares, 
if undrawn, revert to the State, to be throv/n into the gen- 
eral distribution fo^ the third year. 

Note.— J/amier of apportionment.— By § 957, clause 4, Revised Code, the 
ratio of distribution of the school fund is apparently fixed at one dollar and 
fifty cents per child. The general assembly have hitherto failed, however, to 
appropriate a snfficient amount to produce this ratio. There is something of 
obscurity in the langiiage employed in this section of the Code to prescribe the 
manner in which the annual appropriations from the treasury shall be distrib- 
uted among the townships. T'he following illustration may, however, serve 
to mate it clear : 

Suppose the ratio of distribution to be one dollar and fifty cents, and that 



§981. 



20 



SCHOOL LAWS 



township No. 1 has three hundred children, and a sixteenth section fund that 
yields $150.00 per annum. Three hundred children, at $1.50 each, entitle it to 
$450.00. But it already has $150.00. It therefore receives $300.00 additional, 
making in all $450.00. It will be perceived that the language of the law is here 
literally followed. Tl^e amount to be given to the township, from, the appro- 
priation, is "ascertained by multiplying one dollar and fifty cents by the num- 
ber of children in such township " — viz. $1.50 by 300, making $450.00 — "and 
deducting from the result the sum anntially received from the sale or lease of 
its sixteenth section" — $150.00 in the case supposed— leaving, as before, $300.00 
to come from the appropriation. 

To illustrate still further, a short statement, resembling in its form those 
annually made out for the various counties, is annexed : 



Township. 


No. of children. 


Sixteenth sec- 
tion interest. 


Appropriation. 


Total. 


1 

2 
3 
4 
5 


800 00 
500 00 
180 00 
280 00 
400 00 ■ 


$150 00 

600 00 

6 00 

700 00 


$300 00 
150 00 
264 00 

600 ' 00 


$450 00 
750 00 
270 OO 
700 00 
600 00 



No. 4 receives nothing in addition to its sixteenth section interest, because 
that is already greater than the product of the sitpposed ratio of distribution 
multipUed by the number of children. No. 5 has no sixteenth section fund, 
and therefore receives a full distributive shai-e of the appropriation. 



AETICLE VII. 



AUTHORITY OF LAWS OE THE GENEBAL ASSEMBLY. 



SECTION. 

1. Eepeal of cei'tain laws of gen- 
eral assembly. 



SECTION. 

2. Se-enactment of the residue. 



1870. 



School Acts, 
1870, p. 11 



§ 1. Bepeal of certain general assembly laws. — All laws 

and parts of laws relating to educational matters passed 

Act, Nov. Ses. prior to July 1st, 1868, which in anj way either in letter 

or spirit, conflict with the laws, rules and regulations of 

the board of education, are hereby repealed. 

§ 2. Be-enadment of the residue. — All laws on the subject 
of education now in force in the Eevised Code, not con- 
flicting with the laws passed by the board of education, 
are hereby adopted; 



OF ALABAMA. 

ARTICLE VIII. 



STPERINTENDENT OF PUBLIC INSTEUCTION. 



SECTION, 
1. 

2. 
4. 
5. 

6. 

7. 
8. 
9. 



His general duties. 

Must visit the counties. 

Annual report to board. 

Must prepare blanks and cir- 
culars. 

Collect valuable books on ed- 
ucation. 

Apportion the school fund. 

Notification of apportionment. 

Authority over county officers, 

Office at the capitol. 



SECTION 

10. 
11. 
12. 
13. 



14. 
15. 
16. 
17. 



Employment of clerk. 

Account with each county, 

Account with each township. 

Commissioner and treasurer 
for deaf and dumb insti- 
tute. 

Duties as treasurer. 

Annual report to governor. 

Bond and oath of office. 

Vacancy ; how filled. 



§ 1. His general duties. — It sliall be the duty of the su- 
perintendent of public instruction to devote his time to the 
care and improvement of the common schools, and the ^"^870* p!*^!!. 
promotion of the general interests of education in the 
State. He shall carefully investigate the operation of the 
school laws, collect information in regard to the arrange- 
ment of school districts, the location and construction of 
school houses, consult and advise with county superintend- 
ents of education with regard to the qualifications of teach- 
ers, and inquire into the most approved methods of teach- 
ing. 

§ 2a Must visit the counties. — It shall be his duty, as far 
as practicable, to visit every county in the State annually, . 
for the purpose of inspecting the schools, awakening an 
interest favorable to the cause of education, and diffusing 
as widely as possible by public addresses and personal 
communication with school officers, teachers and parents, 
a knowledge of existing defects and of desirable improve- 
ment in the government and instruction of the schools. 

§ 3. Report annually to hoard of education. — The superin- 
tendent of public instruction shall prepare and submit to ^ 
the board of education, at their annual meeting, a report 
containing - (1st.) An abstract from the common' school re- 
ports received by him from the several county superintend- " 
ents of education, showing the number of original school 
districts in the State, the number of schools taught, the 
enumeration of persons between the ages of five and twenty- 
one years, distinguishing between white and colored, male 
and female, and the whole number taught in the schools 
throughout the State. (2d.) A statement of the condition 
of the common schools and of all other institutions of 



Ibid. 



22 SCHOOL LAWS 

learning under the supervision of the board of education. 
(3d.) The amount of school funds collected and expended 
each year from all sources, specifying the amount from 
each source respectively. (4th.) All matters relating to his 
office, the common schools of the State, the school fund, 
the number and character of teachers, and whatever else 
he may deem it expedient to communicate. (5th.) It shall 
be his duty to open such correspondence abroad as may 
enable him to obtain information relative to the system of 
common schools in other States and countries, and to em- 
body in his annual report such recommendations and im- 
provements as in his judgment will best secure the educa- 
tional interest of the State. 

§ 4. Must prejjare blanks and circulars. — The superintend- 
ent of public instruction shall prepare blank forms for all 

Ibid p. 32, returns required by law and necessary to be made by coun- 
ty superintendents of education, trustees, school directors, 
school examiners, teachers, and school officers, which he 
shall' procure at the expense of the State at as cheap a 
rate as possible, and distribute the same to the several 
school districts and officers having charge of the common 
schools throughout the State. And further, that it shall 
be his duty to prepare in pamphlet form and publish at the 
expense of the State at as cheap a rate as possible, a brief 
statement of the common school system of the State, to- 
gether with all the laws, rules and regulations pertaining 
thereto, and cause the same to be distributed to the county 
superintendents and other officers for the information of 
those interested with the educational interests of the Stateo 
§ 5. Ilust collect valuable books on education. — It shall be 
the duty of the superintendent of public instruction to 
collect in his office such school books, apparatus, maps and 

Ibid. charts as can be obtained without expense to the State, 

and also to purchase, at an expense not exceeding fifty dol- 
• lars a year, rare and valuable works on education, for the 
benefit of teachers, authors and others who may wish to 
consult them, and the said sum is hereby annually appro- 
priated for this purpose out of any money in the treasury 
belonging to the school fund. 

§ 6. Must appor(io7i the school fund. — The superintendent 

Ibid ^^ public instruction shall, on the first day of December, 

in each year, or so soon thereafter as practicable, appor- 



OF ALABAMA, 23 

tion and distribute the income of the State fund for the 
support of the common schools, which shall have been re- 
ceived up to the time at which such apportionment is made 
in each year, among the several counties of the State, ac- 
cording to the number of children in each over the age of 
five and under the age of twenty-one years, according to 
the returns thereof made to his office ; Provided, That no 
moneys shall be apportioned to any county for any dis- 
trict therein for any year during which such districts shall 
not have maintained a public school taught by a qualified 
teacher the number of months prescribed by law. 

§ 7. NotiJicatio7i to county superintendents. — The superin- 
tendent of public instruction shall certify the apportion- ■'■'^^*^* 
ment of the school fund income to the State auditor, and 
shall at once notify each county superintendent, stating the 
amount apportioned to his county. 

§ 8, Authority over county officers. — The superintendent 
of public instruction shall have power to require of county 
superintendents, trustees, school directors, and other school 
officers, copies of all reports required by them to be made, 
and all other information in relation to the fund and con- 
dition of the schools and the management thereof as he 
may deem important, and in case any county superintend- 
ent, trustee, school directors, or school officer, shall neglect 
to comply with this regulation, or shall fail in the discharge 
of duty, cr shall violate any of th'e rules or regulations of 
the board of education, such covmty superintendent, tius- 
tee, school director or school officer, may be suspended 
from his office by the superintendent of public instruc- 
tion until his case shall have been investigated at the next 
ensuing meeting of the board of education. 

§ 9. Office at the capiYoL— The superintendent of public 
instruction shall have an office at the capitol of the State, ibid, 
where the books and papers of his department shall be 
kept, and where he shall give attendance when not absent ' 
on official duties ; and it shall be the privilege of any mem- 
ber of the board to have access to all papers and docu- 
ments in the office of the superintendent of public instruc- 
tion which pertain to the educational interests of the 
State, 

§ 10. Employment of clerk. — The superintendent of pub- ^^hooi Arts 
lie jnstructioj} is authorized to employ for seryices ip. his '^^^•> i^''*- 



24 SCHOOL LAWS 

office a person to act as clerk, and such clerk shall be al- 
lowed a salary of fifteen hundred dollars, to be paid out of 
^ any moneys which may be due to the school fund of the 
State, and has not been apportioned among the counties 
of the State. 

§ 11. Accounts ivitli each county. — The superintendent of 
public instruction must keep an account book for each 
county in the State for use of the office of superintendent 
of public instruction. 

§ 12. Account loitli each toivnship. — The superintendent of 
Ibid. public instruction shall be required to keep a debtor and 

creditor account with each township in the State of all the 
funds apportioned for school purposes. 

§ 13. Commissioner and treasurer for deaf and dumb in- 
"^Is" 1027^28 *^^^'"^^- — "^^^ superintendent of public instruction shall be 
one of the commissioners for the management and control 
of the State institute for the deaf and dumb ; and by vir- 
tue of his office is the treasurer thereof. He must attend 
to receiving and holding the funds of the institution and 
paying them out as hereinafter directed ; and he and his 
securities shall be responsible on his official bond for all 
funds which may come into his hand under the provisions 
of the act incorporating such institute. 

§ 14. Duties as treasurer. — The treasurer of such institu- 
tion must pay over such, funds as may come into his hands 
as such, on the written order of the board of commission- 
ers, or a majority of them, which order must also be coun- 
tersigned by the secretary and recorded in the minutes or 
records of the proceedings of the board, to be kept by 
such secretary ; and the treasurer shall make a full report 
once a year, and oftener if required by the governor. 

§ 15. Beport by the governor. — The State Superintendent 
Eev. Code, shall, five days before each regular meeting of the general 
Art. v. §7.^ 'assembly, report to the governor, and said report must con- 
tain : 

1st. A brief history of his labors. 

2d. An abstract of the reports received by him from the 
county superintendents, exhibiting the condition of the 
public schools. 

3d. iEstimates and accounts of expenditures of school 
money. 



OF ALABAMA. 25 

4tli. Plans for the improvement of the school fund, and 
the better organization of the public schools. 

5th. All such other matters relating to his office, and to 
the public schools, as he shall deem expedient to commu- 
nicate. 

6th. When the report is laid before him, the governor 
shall order the Secretary of State ;^to have printed in^the 
same manner and upon the same conditions that other 
printing is done during the recess of the legislature, a suf- 
ficient number of copies to supply at least the county su- 
perintendents and trustees of this State, and for the usual 
exchange with other States ; and it shall be the duty of the 
superintendent to distribute the same as indicated in this 
section. 

§ 16. The superintendent gives bond and takes oath. — The 
superintendent shall, before entering on the duties of his Kev. Code, 
office, take and subscribe an oath to be filed in the office 
of the Secretary of State, that he will faithfully discharge 
its duties, and also give bond, with security approved by 
the governor, in the sum of twenty thousand dollars, for 
the faithful performance of the same. 

§ 17. Vacancies filled by appointment of governor. — If at 
any time, by death, resignation or otherwise, the office of ^®7ggl^°^®' 
superintendent of public instruction shall be vacant,* the 
governor shall appoint some person to discharge its duties, 
who shall be entitled to all the powers, and be bound by 
the same provisions in this act contained. 



26 



SCHOOL LAWS 

AETICLE IX. 

COUNTY SUPEEINTENDENT OF EDUCATION AND BOARD OF 
DIRECTOES. 



SECTION. 


SECTION. 


1. 


Time of election and term office. 


1«. 


Member of beard of education 


9.. 


Qualifi'd electors and their ballot 




ineligible. 


3. 


Duties of the board of directors. 


17. 


May act for local officers. ' 


4. 


Failure of directors to meet. 


18. 


Report condition of funds and 


6. 


Period of session and paj- . 




lanils. 


6. 


Vacancy of director. 


19. 


Payments to be made directly. 


7. 


Pay of county superintendent. 


20. 


Must make satisfactory settle- 


8. 


Establishment of schools. 




ments. 


9. 


Quarterly report. 


21. 


Salary; how drawn. 


10. 


Annual report. 


22. 


Payment of express charges. 


11. 


Visiting fcchools. 


23. 


No sectarian .teaching. 


12. 


Drawing school moneys. 


24. 


Organize teachers' conventions. 


13. 


Teachers to be paid quarterly. 


25. 


Beneficiaries of the university. 


14. 


Bond and additional security. 


2rt. 


Charge of local funds. 


16. 


Vacancy in ofiioe. 


27. 


Must keep an account book. 



Ibid. 



Ibid. 



S 1, Time of election and term of office,— In each county 

School Acts, . ^, . ^ •' , . -, , ■^ .' T . 

Nov. 1870. m this otate a county supenntenaent oi education and two 

school directors shall be elected h^ the qualified electors, 

4 on the first Saturday in March, in the year 1871, and every 

two years thereafter, who shall hold their office for two 

years, or until their successors are elected and qualified. 

§ 2. Qualified electors and their ballot. — At said election 
all the qualified electors in each county may vote for 
county superintendents of education, but no one elector 
shall vote for more than one of the two school directors 
provided for in section five. 

§ 3. Duties of the board of directors. — The county super- 
intendenfof education and the school directors shall meet 
at the court house of each count}^ on the first Monday in 
January, April, July and October of each year, and the 
county superintendent of education shall preside as chair- 
man at such meetings, and they shall examine applicants 
for the position of teacher in the free public schools, and 
give certificates to such applicants, setting forth the grade 
of school they may be found competent to teach. Said 
certificates shall be of four grades. Fourth grade shall be 
good for four years ; third grade, good for three years ; 
second grade, good for two years ; first grade, good for 
one year, and shall be valid only in the count}'- where issued, 
and no teacher shall teach in the free public schools in any 
county in this State unless he has obtained such certificate. 
If applicants for such certificate fail to attend the quarter- 
ly session provided for in this section, the county superin- 



OF ALABAMA. 27 

tendent may charge one dollar for such certificates issued 
by him during the intervals of said quarterly session ; said 
county superintendents and directors shall, at said ses- 
sions, also approve contracts made between township 
trustees and teachers, and no such contract shall be valid 
until approved, and such county superintendent and board 
of directors shall have full powers to supervise the general 
interests of the free schools.of the county, and act as trus- 
tees for all funds, buildings and other property, which may 
be given by bequest or otherwise, for the benefit of free 
education. 

§ 4. Failure of directors to meet. — If the directors should 
fail to meet at such quarterly session provided for in sec-iwd. 
tion three, the coanty superintendent shall perform all 
the duties required by law of said directors at such meet- 
ings. 

§ 5. Period of session and pay. — The directors and county 
superintendents shall not sit at the quarterly sessions, pro- ibid, 
vided for in section three, more than eight days in any one 
year, and the county superintendent and each director shall 
each receive three dollars per diem for his services at such 
sessions, to be paid out of the yearly appropriation to their 
respective counties. 

§ 6. Vacancy of director, — All vacancies in the ofiice of 
school director shall be filled by appointments by the^^^'^^- 
county superintendent, which appointment shall hold until 
the next election for directors. 

§ 7. Pay of county superintendent. — The county superin- 
tendent of education shall receive five per centum of all ibid, 
moneys received and disbursed by him for school purposes 
in his county, and he shall also receive three dollars per 
diem while actually engaged in visiting schools ; Provided, 
that he shall not receive in any one year more than one 
hundred dollars for such service in visiting schools ; Pro- 
vided, that no county superintendent shall receive less 
than $300 for his entire services. 

§ 8. Establishment of schools. — It Fhall be the duty of the 
county superintendent to see that one or more schools j,., 
shall be established in every school district in his county, 
in which shall be taught the elementary branches of the 
English language. 



28 SCHOOL LAWS 



Ibid, 



§ 9. Quarterly report. — Every county superintendent 
shall forward to the superintendent of public instruction, a 
quarterly report of the free public schools in his county, 
on the last days of March, June, September and December, 
or as soon thereafter as possible ; and said reports shall 
set forth the length of time each school has been taught, 
the number of pupils, white or colored, male and female, 
in attendance at each school.; the branches taught, the 
number of children studying each branch ; the monthly 
pay of teachers in each school, the amount due each 
teacher, and the names of the teachers of each school. 

§ 10. Annual report. — Every county superintendent shall 
make out and forward, at the close of each scholastic year, 
Ibid. j^Q ^\-^Q superintendent of public instruction, such consoli- 

dated annual report as may be required of him, showing 
the condition of the schools under his control, and sug- 
gesting such changes in the school system as he may deem 
advisable ; and it shall be the further duty of every county 
superintendent to forward to the superintendent of public 
instruction, on or before the 15th day of October, the 
scholastic enumeration of his county, as provided by law. 
All the reports named in this section, and the preceding, 
shall be made out on blanks, to be furnished by the super- 
intendent of public instruction. 

§ 11. Visiting schools. — It shall be the duty of the county 
Ibid. superintendent to visit each free public school in his 

county, at least once during each year, and to examine into 
the condition of the schools, the progress of the pupils, the 
discipline and order maintained, and the manner in which 
the teachers discharge their duties and keep their school 
records. 

§ 12. Draiuing scJiool moneys. — Every county superin- 
tendent shall, on the first day of each quarter, or as soon 
thereafter as possible, make application to the superintend- 
ent of public instruction for one-fourth of the amount of 
^ the annual apportionment to his county, and the superin- 
tendent of public instruction shall certify the same to the 
auditor, who shall draw a warrant on the treasurer for said 
sum, to be paid to such county superintendent ; Pi^ovided, 
that no county superintendent shall draw, or be allowed to 
have in his hands at any one time, more than half the 
sum in which he has given his official bond ; Provided^ 



Ibid. 



OF ALABAMA. 29 

further, that if a county superintendent shall have given an 
ofBciai bond, with good and sufficient security, approved 
as provided by law, in double the amount of the apportion- 
ment that may be made to his county for any year, such 
county superintendent may draw, at any time during the 
scholastic year, the whole amount apportioned to his 
county. 

§ 13. Teachers to he paid quarterly. — It shall be the duty 
of every county superintendent to pay the teachers of the 
free public schools in his county quarterly, for their servi- 
ces ; and he shall take their receipts in duplicate, one to 
be kept in his ofBce, and the other to be sent to the super- 
intendent of public instruction, as a voucher for money 
thus paid to teachers. 

§ 14. Bond and additional secarity. — Every county super- 
intendent of education shall be required, before entering ^^i*!- i 
upon the duties of his office, to enter into bond, with good 
and sufficient sureties, in double the amount of money that 
may come into his hands at any time ; and said bond shall 
be approved by the judge of probate in each county, and 
filed in the office of said judge of probate, and a certified 
copy thereof shall be filed in the office of the superintend- 
ent of public instruction ; Provided, that the superintend- 
ent of public instruction may require additional security 
upon the bond of any county superintendent, should he 
find it necessary for the protection of the school fund of 
the county ; Provided further, that said county superin- 
tendent shall not, after receiving such notice to give addi- 
tional security, proceed with the duties of his office until 
such additional security shall be furnished. 

§ 15. Vacancy in office. — ^Should the office of county 
superintendent of education become vacant, such vacancy ^'^'^' 
shall be filled by appointment by the superintendent of 
public instruction, on the recommendation of both mem- 
bers of the board of directors in the county in which 
such vacancy may occur, 

§ 16. Member of hoard of education ineNgihle. — No mem- 
ber of the board of education shall be eligible to the'^''^*^* 
office of county superintendent. 

§ 17. 31ay act for local officers. — In case township trus- 
tees, or other local school officers, fail from any cause to School Acts 

1869 t) 17 

act, then the county superintendent of education shall have 



30 SCHOOL LAWS 

power to act in their stead, as the best interests of educa- 
tion may demand. 

§ 18. Report condition of funds and lands.'-^li shall be the 
^ ' ^' ■ duty of each county superintendent of education to examine 
into the condition of all the school funds of his county, 
including the 16th section fund, and report the same to the 
superintendent of public instruction ; and said county su- 
perintendents of education are hereby authorized to send 
for such persons and papers as may be necessary to make 
such investigation. 

§ 19. Payments to he made directly. — It shall be the duty 
Ibid, p. 18. of the county superintendent of education to pay out the 
school moneys that may come into his hand, directly to the 
teachers and other employees who may have rendered ser- 
vices in behalf of the free public schools of his county. 
§ 20. 3'Iust make satisfactory settlements, — The county su- 
Ibid. perintendent shall be required to make satisfactory settle- 

bients of the disbursements of school moneys coming into 
his hands on account of current quarterly school expenses, 
in the office of the saperintendent of public instruction, 
before the moneys for the ensuing quarter shall be paid 
him. 

§ 21. Salary / lioiv draion. — The salary of each county 
Ibid p 40 superintendent of education shall be drawn from the funds 
apportioned the several townships of his county, in pro- 
portion to the amount due each township. 

§ 22. Payment of express charges. — All express charges 
^^1870^ ^°*^®' on school moneys sent from Montgomery to county super- 
intendents, must be paid out of the funds apportioned to 
their respective counties. 

§ 23. No sectarian teaching. — The county superintendent 
^^^- Code, shall carefully guard that no sectarian religious views be 
taught in any free public schools under his charge. 

§ 24. Organize teachers' conventions. — The county super- 
intendent must organize and hold annually, at such time 
^^^^' and place as may be deemed most convenient, county con- 

ventions of teachers, and to provide beforehand, so far as 
he may be able, for the delivery of the lectures during 
such conventions, upon topics connected with schools and 
education. 



OF ALABAMA. 



31 



§ 25. Beneficiaries of the university. — The county superin- 
tendent must seek out such indigent and meritoiiious young ■'■^''^' 
men as are entitled to be beneficiaries of the university of 
Alabama, and to encourage them to become students there- 
of, and he shall grant to such a certificate, which shall be 
in lieu of that heretofore required by law to be given by the 
circuit judges. 

§ 26. Charge of local funds. — The county superintendent 
must receive and take charge of any money, funds, property 
ox proceeds of any character which may be raised in|his ibid, 
county by county taxation, or may accrue to him or to the 
county, from gift, grant, bequest, devise, endowment or 
other^vise, to be used in aid of, or in connection with, Ihe 
funds set apart and appropriated by this act, and he shall 
strictly use and dispose of the same, in accordance with its 
objects and the provisions of this act. 

§ 27. 3Iust keep an account hooh. — The county superin- 
tendent must keep in a bound book a statement of the ibid. 
amounts received by him and placed to his credit for edu- 
cational purposes, and of the disbursements of the same ; 
and he shall therein copy his annual returns as prescribed 
in this section, and the annual statements of distribution 
made by the superintendent of education to his county. 



ARTICLE X. 



TOWNSHIP TKUSTEES AND SCHOOL DISTRICTS. 



SECTION. 

1. Election and duties of trustees. 

2. Enumeration of children. 

3. llemoval and appointment of 

trustees. 

4. May contract ■with patrons. 
Kegulations of such contracts. 
Limitation as to number. 
Each township, a school district, 
Oath of office. 
Appointment of clerk. 
Duty to visit schools. 
To give bond in certain cases. 
Power to establish schools. 
Power to remove teachers. 
Schools in sparsely settled town- 
ships. 

Failure to establish such schools. 



6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 



15. 



10. Sessions of trnstees. 

17. Make arrangement for schools. 

18. Procuring sites for schools. 
13. Transfer of children. 

20. Funds tor transferred scholars. 

21. Each city and town a separate 

district.' 

22. Fractions of townships. 

23. Natural obstructions in town- 

ship. 
21. Sparsely settled fractional dis- 
tricts. 

25. Trustees for fractional districts. 

26. Enumeration in such districts. 

27. Apportionment in such districts. 
23. Control of line townships. 



§ 1. Election and duties of trustees. — There shall be 
elected by the qualified electors in each township in each School Acts, 

. Nov, Ses. '70 

county in the State of Alabama, on the first Sat- 



32 SCHOOL LAWS 

urday in April, in the year 1871, and every two 
years thereafter, three trustees of the free public schools, 
to be called the township board of trustees, who shall hold " 
office for two years, or until their successors are elected 
and qualified ; and whose duty it shall be to take the man- 
agement and control of the educational interests of their 
respective townships, and employ . teachers for the free 
public schools in their respective townships, subject to the 
approval of the county superintendent of education and 
board of directors. 

§ 2. Enumeration of children. — It shall be the duty of the 

Ibid. township board of trustees, during the month of Septem- 

ber, in the year 1871, and every two years thereafter, to 
make an enumeration of all the children, white and colored, 
male and female, between the ages of five years and 
twenty-one years in their respective townships ; and said 
board of trustees shall make a report, in duplicate, of said 
enumeration to the county superintendent, by or before 
the first day of October, in each year in which the enu- 
meration shall be taken, as provided in this section. 

§ 3. Removal and apportionment of trustees. — The county 

Ibid. superintendent and board of directors, in their respective 

counties, are hereby empowered to remove any members of 
the township boards of trustees, when such member of said 
board shall fail to perform the duties required of him by 
law; and said county superintendent may fill by appoint- 
ment all vacancies which may occur in said boards from 
any cause, and said appointment shall hold until the next 
general election for township board of trustees. 

§ 4. 3Iay contract with patrons. — The township trustees 
are authorized to enter into contract with the patrons of 
any school in a township who will obligate themselves to 
pay a sufficient amount of salary, which, taken in connec- 
tion with the amount of school moneys apportioned to 
said township, shall be sufficient to pay the salary of the 
teachers and continue the school in operation for five scho- 
lastic months or more, provided such schools shall contain 
twenty pupils ; and provided further, that such schools 
shall be free public schools, open to all the children in the 
township in which it is located, within the educational 
age, within said township. 



Ibid. 



OF ALABAMA. 33 

§ 5. Regulations of such contracts. — Schools established 
under the provisions of the preceding section shall be un- ^^'^^' 
der the supervision of the trustees of the township, and 
subject to all the laws, rules and regulations governing the 
free public schools of the State. 

§6. Limitation as to member. — ^Not more than three of 
such schools, as may be established under section 4, shall 
be established in any township, except in incorporated 
towns and cities. 

§ 7. Each township a school district. — Each and every or- 
ganized township shall compose but one school district for i869,^p°i2.^°*^ 
all purposes connected with the general interests of educa- 
tion in the district, and shall be confined to the manage- 
ment and control of the board of trustees ; and the several 
school districts, which may hereafter be established in the 
organized townships of the State, shall be regarded as sub- 
districts, and be confided to the management and control of 
said board of trustees. 

§ 8. Oath of office. — The trustees, within ten days after 
their appointment or election, shall take an oath or affirm- ^^"^ ^' ^ ' 
ation to faithfully and impartially discharge the duties of 
their office, which said oath the members are authorized to 
administer to each other. 

§ 9. Appointment of a dark. — It shall be the duty of the 
trustees, any two of whom shall constitute a quorum, to iMd. 
meet as soon as practicable after having been appointed 
and qualified, at such place as may be most convenient in 
the district, and organize by appointing one of their num- 
ber clerk of the board, who shall preside at the official 
meetings of the trustees and record their proceedings in a 
book provided for that purpose. 

§ 10. Duty to visit schools. — It shall be the duty of the 
trustees in each township to take the management and ibid, 
control of the local educational interests, subject to the 
supervision of the county superintendents, and to visit the 
school or schools of the township at least twice during 
each term, by one or more of their number; 

§ 11. To give hond in certain cases. — 't'he township trus- 
tees shall not be required to give bond, except when they^Ysss?*^^' 
shall be about to proceed to sell or lease any of the school 
lands. 
3 



84 



SCHOOL LAWS 



Eev. Code, 
§970. 



Eev. Cede, 
§972. 



School Acts, 
1870, p. 20. 



Ibid. 



School Acts, 
1869, p. 14. 



Ibid. 



§ 12. Power to estaUish schools. — The trustees shall hav» 
the immediate supervision of the free public schools in 
their township, and shall have power to establish one or 
more schools in such township, as the public necessity 
requires ; they may employ ^uch teacher or teachers as 
the amount of the fund coming to their township will 
justify, and the wants and number of the pupils may 
demand, which teacher or teachers shall, in every case, be 
first examined and licensed. The said trustees shall faith- 
fully disburse in the payment of the teacher or teachers, 
or for the legitimate purposes of the school, all moneys 
which they may receive. 

§ 13. Power to remove teachers.— The said trustees shall 
have power,for any cause sufficient in their judgment to re- 
move any teacher by payment of his salary to the time of re- 
moval. They may also prescribe all rules for the conduct 
of their schools not inconsistent with the instructions of 
the county superintendent. 

§ 14 /Schools in sparsely settled townships. — In the sparse- 
ly settled townships, or where the children of either race 
are too few in number, there shall be, if possible, a school 
established for them without regard to number, and the 
lebgtii of such school session be regulated by the amount 
of money appropriated to each race in said township. 

§ 15. Failure to estaUish such schools. — After all proper 
efforts have been made to establish schools in townships 
alluded to in section 14, at the end of two years the money 
which would proportionately belong to such race shall be 
expended upon the free public schools established for their 
race throughout the county in which such township may 
be situated. 

§ 16. Sessions of trustees.— It shall be the duty of the 
board of trustees to hold regular sessions on the first Mon- 
day of April in each year, at such places in the township 
as may be convenient for the transaction of any business 
which may be necessary in relation to the subject of either 
the primary or-graded schools in the township, with power 
to adjourn from time to time, or to hold special meetings 
at any time or place. 

§ 17. 3Ialce arrangement for schools. — The board of trus- 
tees shall have power to make all necessary arrangements 



OF ALABAMA. ' 35 

in reference to schools in their township, and it shall be 
the duty of th-e board to establish one or more schools in 
each township, of such grade as the public good, in their 
opinion, may require ; and in the location of primary schools 
the board of trustees shall have reference to the popula- 
tion and neighborhood, paying due regard to any school 
house already built, or site procured, as well as to all other 
circumstances proper to be considered, so as to promote 
the best interest of schools and education. 

§ 18. Procuring sites for schools. — Should the board of 
trustees be unable to otherwise procure sites for school ibid, 
houses, they are hereby authorized to appoint a jury of 
view, of five legal voters of the county, who shall locate 
said site as the public interests may require, but except in 
a city, town, or village, said sitefshall not be located within 
two hundred yards of the dwelling of the owner of the 
land taken for said site without his consent given in writing, 
assess the value of the same and report their action to the 
board, who will secure the title and pay for the site as de- 
cided by the jury of view, out of any moneys available for 
that purpose, 

§ 19. Transfer of children. — When it shall so happen 
that persons are so situated as to be better accommodated ^^ii^' 
at the school of any adjoining school district, or when it 
may be desirable to establish a school composed of parts 
of two or more school districts, it shall be the duty of the 
respective boards of the school districts in which such per- 
sons reside, or in which such schools may be situated, or 
of the school districts, or the parts of which the school is 
to be composed, to transfer such persons for education to 
the school districts in which such school house is or may 
be located, but the enumeration of scholars shall be taken 
in each district as if no such transfer had been made. 

§ 20. Funds for Imnsferr^d scholars. — When scholars are 
transferred from on« township to another, under the pro- School Acts, 

1870 p. 19. 

visions of section 19, the school district where the school ' 
is located, to which the transfer is made, shall draw from 
the school fund of the township from which the scholar 
was transferred, the amount to which the scholar or schol- 
ars would be entitled if they had been taught in their own 
township. 



Ibid. 



36 SCHOOL LAWS 

§ 21. Each city and town a separate district. — Each and 
Ibid p. 18. every city and incorporated town in the State of Alabama 
shall constitute a school district, and shall be under the 
management and control of a board of not less than three 
nor more than nine trustees, with such powers and duties 
as provided by law. 

§ 22. Fractions of totmsMps. — Every township or frac- 
Ibid p. 13. tional part of a township not included within the corporate 
limits of any of said cities or towns, shall constitute a 
school district, to be under the management and control of 
a board of trustees, (not to exceed three,) with such pow-^ 
ers and duties as provided by law. 

§ 23. Natural obstructions in toionskip. — When a township 
is divided by. a river, large creek, mountain, or other ob- 
struction, mating it difficult for children to attend, such 
fractional parts of townships shall be a school district ; 
Provided, That should two or more such fractions lie ad- 
joining they shall be united in one district. 

§ 24. Sparsely settled fractional districts. — When a small 
Ibid, fraction, divided as in sections 22 and 23, has too few chil- 

dren to make a school, it shall be added to the adjoining 
township, making one district. 

§ 25. Trustees for fractional districts. — In case any 
Ibid 20 township is divided by a county line, it shall be the duty 
of the county superintendent of each county in which such 
fractional township may lie, to appoint a board of trustees, 
consisting of three, who shall be governed by the same 
laws as are the trustees of full townships. 

§ 26. Enumeration of such districts. — Fractional town- 
ships shall have their children enumerated and reported in 
the report of the respective counties. 

§ 27. Apportionment in such districts. — Such fractional 
Ibid, townships shall have apportioned to them money in ac- 

cordance with the number of children reported in their 
enumeration report, which shall be under the control of 
the school authorities of each county in which such frac- 
tional township may lie. 

§ 28. Control of line townships. — In ease any township is 
Eev. Code, divided by the State line, so that only a portion thereof 
lies within this State, the citizens of such fractional town- 
ship may elect trustees and receive their distributive share 



Ibid 



OF ALABAMA. 



37 



of the educational fund in the same manner as if all their 
township were in this State. If any township is divided 
by a county line, trustees shall be elected by the qualified 
electors residing in the township on each side of the line, 
but the management of the fund shall be given to the 
county superintendent in which the largest portion of the 
township lies ; and if the township is equally divided by 
the county line, then the State superintendent of public 
schools shall determine which of the county superintend- 
ents shall manage the fund. 



ARTICLE XI. 



TEACHERS AND SCHOOLS. 



BECTION. 

1. Trustees locate schools. 

2. Educational age and transfer of 

children. 

3. Public examination and certifi- 

cate. 

4. No mixture of white and col- 

oi'ed children. 

5. No discrimination as to certifi- 

cates. 



SECTION. 

6. Grade of school according to 

certificate. 

7. Examination of teachers in writ- 

ing. 

8. Report of teachers. 

9. No pay until report made. 
10. Duties of trustee^. 



§ 1. Irustees locate schools. — The trustees of each town; 
ship shall designate the place at which the school shall be^|^gg^°*^®' 
held, and may provide for its subsequent removal to any 
other place within their limits, and shall also fix the period^ 
of the year at which the school shall be kept open, and the 
times and extent of its vacations. 

§ 2. Educational age an4 transfer of children. — Every 
child between the ages of five and twenty-one years shall 
be entitled to admission into, and instruction in any of ■^§^986'°const. 
the free public schools in the township in which he or she ^^*^' ' ^ ^* 
resides, or to any school in any adjacent township, by the 
permission of a majority of the trustees of such adjacent 
township ; and the trustees of the township in which such 
child resides, must pay to the teacher who instructs him or 
her, the same amount which they would have paid, if such 
child had been taught in their own township. 

§ 3. Public examination and certificate. — Public examina- 
tions shall be held in the free public schools, at least once Rev. Code, 

• 5 988 

in every year^ and when the trustees are satisfied that any 



38 



SCHOOL LAWS 



School Act?, 
1870, p. 15. 



School Acts, 
1870, p. 28. 



Ibid. 



School Acts, 
1870, p. 29. 



School Acts, 
1870, p. 29. 



pupil has become thoroughly educated in all the branches 
of free instruction in such school, they shall give him or 
her an honorable certificate to that effect, 

§ 4. JSFo mixture of white and colored children. — In no 
case shall it be lawful to unite in one school both colored 
and white children, unless it be by the unanimous consent 
of the parents and guardians of such children ; but said 
trustees shall in all other cases provide separate schools 
for both white and colored children. 

§ 5. No discrimination as to certificates. — In the examina- 
tion of teachers, the examining board shall in all cases, in 
granting certificates, be governed by the qualifications of 
the applicants for such certificates, without regard to color ; 
and said examining board shall give to each applicant 
found qualified to teach, a certificate showing the grade in 
which he or she may be qualified to teach. 

§ Grade of school according to ceriif cat e.— The trustee or 
trustees of any city, town, or township, upon the presenta- 
tion of a certificate from the examining board, may give to 
the holder of such certificate a school in the grade such 
certificate shows the holder thereof qualified to teach, or 
may, if agreeable to the holder of said certificate, give 
him a school of a lower grade. 

§ 7. Examination of teachers in tvriting. — Examinations of 
teachers are required to be conducted in writing so far as 
possible ; the questions and answers to be kept on file in 
the office of the county superintendent of education for 
examination at any time. 

§ 8. Refort of teachers. — Each and every teacher is re- 
quired to make out and forward to the county superintend- 
ent of education, through the trustee or trustees, a com- 
plete report in triplicate, at the end of each month, setting 
forth the enrollment, attendance, grade of the school, the 
number of pupils received from other school districts, 
stating from what school district received, the 'branches 
taught, and the number of pupils in each, distinguishing 
between male and female, white and colored ; stating the 
monthly pay of teachers, the rate per day, number of days 
taught, the amount due teachers for services rendered dur- 
ing the month, number of visits from superintendent of 
education, and of trustees, name and post office address 



OF ALABAMA. 



39 



of teacher, and must certify that he or she has conformed 
to all the laws, rules, and recommendations of the board 
of education. 

§ 9. No pay until report made. — No teacher shall be al- 
lowed to draw any pay for services until the requirements 
of section 8 are complied with. 

§ 10. Duties of teachers. — Each and every teacher of the 
free public schools of this State, is hereby directed and ^ ^* ^' 
authorized : First, To hold a certificate of examination 
and qualification from the proper authority ; Second, To 
conduct the school in such a manner that order shall be 
maintained in the school-room and on the play-ground » 
Third, To see that the school-room and all things pertain- . 
ing thereto are not unnecessarily defaced and injured ; 
Fourth, To suspend pupils from school for ten (10) days 
for gross immorality, misconduct, or persistent violation of 
the regulations, giving immediate notice to the parent or 
guardian of such pupil and the township trustees of such 
suspension, and the cause thereof ; Fifth, To hold a pub- 
lic examination of his or her school at the close of each 
term ; Sixth, To carry out and enforce each and all the 
rules, laws, resolutions and recommendations p3,ssed by this 
board pertaining to their duties, and to certify to these 
facts in each of their reports ; Seventh, To make out and 
forward to the clerk of the board of trustees, and a dupli- 
cate to the county superintendent, a full and complete re- 
port at the close of each month. 



ARTICLE XII. 

LOCAL SCHOOL FUND. 



SECTION. 

1. County tax may be levied. 

2. Depositary of such taxes. 

3. Other special taxes. 



SECTION. 

4k. Half of special tax must go to 

teachers. 
5. Gifts, grants, or hequests. 



§ 1. County taxes may be levied. — Each and every county 
in this State is hereby authorized to raise annually, by Bev. Code, 
special tax (in the same manner as other county taxes shall 
be levied) upon real and personal property within the 
countjj q,n amount of money not excee(iing ten eer^ts on 



§992. 



40 



SCHOOL LAWS 



School Acts, 
1870, p. 2L 



Bev. Code, 
§994. 



each one hundred dollars of valuation, for the support of 
the common schools therein, and for providing suitable 
houses and purchasing libraries and apparatus for such 
schools. 

§ 2. Depositary of such taxes. — All local school funds that 
may be raised, by taxation or otherwise, shall be paid over 
to the proper bonded school officer designated by law to 
be the custodian of the school moneys in the county where 
such moneys are raised ; to be placed by him to the credit 
of the school district where such moneys may have been 
raised, and to be expended under the direction of the 
proper school authorities in the school district where such 
moneys may have been raised, 

§ 3. Other special taxes. — Nothing in this article shall in- 
terfere with any law of this State authorizing the levying 
and collecting of special school taxes in any county ; but 
said special school taxes may be collected as heretofore, 
and shall be paid into the county treasury, and received 
by treasurers, and kept as a fund distinct and separate 
from the amount distributed to the counties out of the 
■ general school fund provided for in this act. 

§ 4. Half of special taxes must go to teachers. — Not more 
than fifty per cent, of the school fund raised by county tax 
and paid into the county treasury, as required by this act, 
shall be paid for any other purposes than the payment of 
qualified teachers, and the residue of the moneys distrib- 
uted to the several townships from the county school fund, 
may be appropriated to the purchase of a township school 
library, to build a township school house, or such other 
contingent expenses of the schools as the county superin- 
tendent shall determine. 

§ 5. Gifts, grants, or bequests. —The superintendent of 
School Acts public instruction, or any county superintendent, or dis- 
1869, p. 13. ^yJQ^ board of trustees, may receive in behalf of the board 
of education any gift, grant, donation or demise of any 
school house, or site for a school house, or library for the 
use of any school or schools, or other school purposes 
within the State, and are hereby invested with the care 
and custody of all school houses, sites, or other property 
belonging to the board of education within the limits of 
their jurisdiction, with full powers to control the sanae in 



Ibid § 995. 



OP ALABAMA. 



such manner as they may think will best subserve the in- 
terests of common schools and the cause . of education, 
subject to the control of the county superintendent. 



AETICLE XIII. 



MISCELLANEOUS. 



SECTION. 

1. Grades of public schools. 

2. Beginning and close of scholas- 

tic year. 

3. The school day. 

4. The school month. 

5. The school quarter. 

6. The school year. 



SECTION. 

7. Opening of schools prior to Jan- 

uary. 

8. When schools may open. 

9. Adoption of text boots. 

10. Books to be well bound. 

11. Depository and price of books. 



§ 1* Grades of 'public scJiools. — The free public schools of 
the State may be divided into four grades, as hereinafter ^''J^^^^Q^p^^gi. 
provided : 

1. The first grade shall embrace orthography, reading, 
primary arithmetic, and the first lessons in geography, and 
shall be called the primary grade. 

2. The second grade shall embrace orthography, read- 
ing, (continued through the third reader,) geography to 
physical and intermediate, intellectual arithmetic, elements 
of written arithmetic, grammar, commenced, and writing, 
and shall be called intermediate grade. 

3. The third grade shall embrace orthography, reading, 
(through the fourth reader,) geography, continued, gram- 
mar, concluded, practical arithmetic, composition, writing, 
history, Smith's etymology and elocution, and shall be 
called the grammar school grade. 

4. The fourth grade shall embrace orthography, reading, 
arithmetic, concluded, natural and intellectual philosophy, 
Steele's fourteen weeks in chemistry, elements of algebra, 
geometry, and any other branches usually taught in public 
schools of higher grades. This shall be called the high 
school grade. 

§ 2. Beginning and close of scholastic year. — The scholas- 
tic year shall begin on the 1st day of October of each ggi^ool Acts 
year, and end on the 30th day of September the following ^°^-' ^^^'^• 
year. 



42 SCHOOL LAWS 

School Acts, § ^' -^^^ school day. — A school day shall not comprise 
pp. 21 and 22 less than six (6) hours. 

§ 4. The school month.— k. school month shall comprise 
ji3i3_ all the days of the calendar month, except Saturdays and 

Sundays. 

§ 5. The school quarter. — A school quarter shall comprise 
it>id. three (3) school months, ^he quarters to end respectively 

March 31st, June 30th, September 30th, and December 
31st. 

§ 6. The school year. — A school year shall comprise four 
^^^' (4) quarters, including the entire calendar year of twelve 

(12) months. 

§ 7. Opening of schools prior to January. — In any county 
Ibid. or school district where the interests of education demand 

it, the county superintendent of education may open 
schools prior to the first of January, 1870, and the ex- 
penses of such schools shall be allowed and deducted from 
the amount to be apportioned to that district for the 
scholastic year ending December 3 1st, 1870. 

§ 8. When schools may open. — County superintendents of 
Ibid. education may open and continue schools in their respec- 

tive counties, at such time as will best subserve the inter- 
ests of education, and enable children to attend the schools 
during the scholastic year. 

§ 9. Adoption of text books. — The superintendent of pub- 
lic instruction, in recommending or adopting a series of 
1870, p. 25. school books for use in the free public schools in this 
State, shall carefully protect the interests of the parents 
and guardians of the children attending said schools, in 
the introduction of text books, and prevent any unjust ex- 
clusion of the copies of old booka now in the possession 
of such parents and guardians. 

§ 10. Books to be ivell bound. — The superintendent of 
Ibid. public instruction shall require of the publishers of the 

school books furnished for use in the free public schools 
of this State, that such books shall be well bound, and in 
as perfect order as the books of any other publishing 
house in the United States. 

§ 11. Depository and price of books. — The publishers of 
the school books recommended or adopted, shall keep them 
in central and convenient points in the State, and sell them 



OF ALABAMA. 

at prices not to exceed those set forth in the circular from 
the office of the superintendent of public instruction on or 
about the first day of January, 1869, and the publishers 
shall sell them at the same price to any merchant, county 
superintendent or teacher, upon being satisfactorily as- 
sured that the books desired are for use in the free public 
schools of the State. 



43 



ARTICLE XIV. 



LOCAL LAW FOE THE CITY OF MOBILE. 



SECTION. 

1. General law as to Mobile schools. 

2. Board of commissioners. 

3. Manner of election. 

4. Powers of the board. 



SECTION. 

5. Salary of the superintendent. 

6. Session of the board. 

7. Control of special fund. 

8. Nisrht schools. 



Nov., 1870. 



§ 1. General laio as to Mobile schools.— The general law 
regulating the public schools of this State shall apply to school Acta, 
the county of Mobile, except as in hereafter provided. 

§ 2. Board of commissioners. — A board of school commis- 
sioners shall take the place of, and act as a board of di- 
rectors for Mobile county, which board shall be composed 
of one county superintendent and twelve commissioners, 
three of which commissioners shall reside not less than 
seven miles from the court house of the present county^ 
and of whom any seven shall constitute a quorum for the 
transaction of business. 

§ 3. Planner of elections. — The said superintendent and j, j^ 
commissioners shall be elected on the first Saturday of 
March, 187 J, and upon their first meeting the said com- 
missioners shall classify so that four of their numJDer shall 
hold office for two years from the day of election, four of 
their number for four years, and four of their number for 
six years, one of each class to be a member from outside 
the city ; their successors to be elected to serve for six 
years from the day of their election ; Provided, That in 
the first election for commissioners only nine commission- 
ers shall be voted for on any one ballot, and in succeeding 
elections only three shall be voted for upon any one ballot. 



44: SCHOOL LAWS 



Ibid. 



§ 4. Poioers of the hoard. — The said board of commis- 
sioners shall exercise all powers, and be subjected to all 
the duties prescribed for board of county directors under 
the general law, but in addition to such powers and duties, 
may exercise all other powers and duties imposed by spe- 
cial laws for Mobile county, so far as may be involved the 
collection and distribution of moneys arising from special 
laws for Mobile county, and not derived from the public 
school funds of the State. 

§ 5. Salary of superintendent. — The said county superin- 
Ibid. tendent shall receive for his services five per centum upon 

the general school fund appropriated to Mobile county, 
and one hundred dollars for visiting and traveling expenses, 
but may receive such other pay as the board of commis- 
sioners may decide upon; Provided, That no part of such 
additional pay shall be chargeable to the general school 
funds of the State. 

§ 6. Session of the hoard. — The said board of commis- 
sioners shall sit on the days prescribed in the general school 
laws and receive pay therefor, according to that law, but 
may sit as often and as long as they think advisable ; Pro- 
vided, That no part of the pay for such additional services 
shall be chargeable to the public school fund of the State. 

§ 7. Control of special fund. — The county superintendent 

Ibid. may receive and distribute all moneys derived from special 

laws for the benefit of the schools of Mobile, under such 

rules and regulations as the board of commissioners may 

provide. 

§ 8. Night schools. — The board of school commissioners 
Ibid. shall have power to establish such night schools as they 

may deem necessary, which may be attended by persons 
over the age of twenty- one. 



Ibid. 



of ALABAMA. 

AKTICLE XV. 



45 



LOCAL LAW FOE THE CITY OF MONTGOMEEY. 



SECTION. 

1. Corporate limits ; a district. 

2. City board oi education. 

8. Fro rata shaie of school fund. 



SECTION. 

4. I">utioB and powers of city board. 

5. Duties of city superintendent. 



§ 1. Corporation limits, a district. — The corporate limits 
of the city of Montgomery shall constitute a school dis- ^"noy! ^im. 
trict, distinct and separate from the remaining school dis- 
tricts and parts of districts of the county of Montgomery. 

§ 2. City hoard of education. — The public schools of the 
city of Montgomery shall be under the management of a 
city board of education, consisting of six members, to be 
elected annually at their first meeting in January by the 
city council of Montgomery, one from each ward, who shall 
serve without pay. 

§ 3. Pro rata share of school fund. — The city of Mont- 
gomery, as such school district, shall receive its proportion- ^^^'^• 
ate share of the public fund, including a pro rata share of 
the IGth section fund of each township that lies partly 
within the corporate limits of the city, said fund to be paid 
to the city superintendent of education, to be appropriated 
by the said board of education exclusively to the mainten- 
ance of the public schools of the city. 

§ 4. Duties and poivers of city hoard. — The city board of 
education herein provided for, and the public schools sub- 
ject to their management as aforesaid, shall be under the 
supervision of the city superintendent of education, with 
the same powers and duties as county superintendents of 
public education, with such salary as the city board of edu- 
cation may determine, said salary to be approved by the 
superintendent of public instruction and be paid from the 
city treasury as other city officers are paid. Said superin- 
tendent of education shall be elected by the city board of 
education ; the said city board of education and the 
city superintendent to be under the superintendent of pub- 
lic instruction and State board of education the same as 
all county school officers. 

§ 5. Duties of city superintendent, — It shall be the duty of 
the city superintendent to take the general supervision of ^^"^* 
the schools in said city, to make full and complete reports 



Ibid. 



46 



SCHOOL LAWS 



to the superintendent of public instruction as the law re- 
quires of county superintendents of education, and per- 
form such other duties as are required of county superin- 
tendents under the general school laws. 



AETICLE XVI. 



LOCAL LAWS FOE THE CITY OF SELMA. 



School Actsj 
Nov., 1870. 



Ibid. 



Ibid. 



BEGTioN. ^ 

1. Corporate limits ; a school dis- 

trict. 

2. Pro rata share of school fund. 

3. City board of trustees. 



SECTION. 

4. Temporary provision for city 

board. 

5. City superintendent of educa* 

tion. 



§ 1. Corporate limits, a school district. — The corporate 
limits of the city of Selma shall constitute a school dis- 
trict, distinct and separate from the remaining school dis- 
tricts, and parts of districts of the county of Dallas. 

§ 2. Pro rata share of school fund. — The city of Selma, 
as such school district, shall receive its proportionate share 
of the public school fund, including a pro rata share of the 
sixteenth section fund of each township that lies partly 
within the corporate limits of said city, said fund to be 
drawn and disbursed by the city superintendent of educa- 
tion in the same manner as county superintendents of edu- 
cation draw and disburse funds for their respective coun- 
ties ; and the amount thus drawn by the city superintendent 
of education shall be used exclusively for the maintenance 
of the free public schools in said city. 

§ 3. Oity hoard of trustees. — The free public schools in 
said city shall be under the supervision and control of a 
city board of trustees, consisting of nine members, who 
shall serve without compensation. Said city board of trus- 
tees shall elect one of their number chairman, who shall 
preside at their meetings ; and the powers and duties 
of said city board of trustees shall be the same as 
is prescribed by law for township boards of trustees. 

§ 4. Temporary provision for city hoard. — The persons 
now comprising the city board of education of the city of 
Selma shall constitute the city board of trustees herein 
provided for, and they shall hold their office as such 



OF ALABAMA. 47 

city board of trustees until the first dsij of January, A. D., 

1873. 

§ 5. City superintendent of education. — The present chair- 
man of said city board of trustees shall be and act as city^^^* 
superintendent of education, who shall continue in ofl&ce 
for the same length of time that said city board of trus- 
tees continue in office ; said superintendent of education 
shall, within the corporate limits of said city of Selma, be 
invested with the same powers and shall perform the same * 
duties, give bond, and qualify in the same manner as is 
required by law of the county superintendents of educa- 
tion. Said city superintendent of education may receive 
such compensation for his services as may be provided by 
the city council, or by the city board of trustees of the 
city of Selma ; Provided, That no such compensation, or 
any part thereof, shall be paid out of any money appor- 
tioned by the superintendent of public instruction for the 
free public schools in said city of Selma, or from any por- 
tion of the school revenue of this State. 



aMM»M«»— iMBM — — Trnii-in)riir Kjs^gsiittuuamiaimiauimutimeiaiammMBtamammumaimtmi^mmamamtmmmimitaamm 

TABULAR STATEMENTS AND FORMS. 



^i>pe:n'dix: i. 



SCHOOL FXJ]Vr> FOU IS-ri. 



The amount of money appropriated by the State for the free pub- 
lic school service, for the scholastic year commencing Jaryiary 1, 
1871, and ending September 30, 1871, with the several sources from 
whence received, is herewith appended. The statement of the pub- 
lic school fund is in the exact form and figures received from the 
Auditor of State : 

Ten months interest on $1,729,032 74 at 8 per cent. (16th eection fund) . $115,268 85 

" " $97,091 21 " " (val. 16th section).. 6,472 75 

$669,086 80 " " (Surplus revenue fund).. 44,605 78 

One-fifth annual aggregate reyenue 232,462 25 

Special assessment for schools 82,579 66 

Section 957, Revised Code 100,000 00 

Unapportioned balance 9,216 25 

Total $590,605 60 



;A.ppENr>ix: ii. 



Principal audi Interest of the SaJixteentli. Section. 
F^indl for eacli To-wnsliip of" the State. 



PKINCIPAL AND INTEBEST SIXTEENTH SECTION FUND. 



Counties. 



Township . Eange, Principal. 



Interest. 



Autauga co. 



Total. 
Baker . . 



17 



18 



19 



20 



13 
14 
15 
16 
12 
13 
14 
15 
16 
12 
13 
14 
15 
16 
15 
16 



2,489 20 

4,6.38 62 

2,730 80 

5,553 48 

492 00 

2,482 63 

1,502 09 

1,129 00 

387 54 

1,299 15 

497 15 

231 87 

740 26 



531 60 



7,725 30 



199 14 

371 09 

460 06 

444 28 

39 86 

198 61 

120 16 

90 32 

31 00 

103 93 

39 77 

18 55 

59 22 



42 53 



$2,218 52 



20 
2i 

22 
23 
24 



Total. 



11 
12 
13 
II 
12 
13 
14 
15 
16 
12 
15 
14 
15 
12 
13 
14 
15 
13 
14 
15 



$ 492 32 
412 78 

'si 68 
6,033 75 
2,170 00 

"eSOTO 

221 60 

440 00 

271 69 

353 44 

416 00 

534 92 

246 53 

702 50 



186 94 

38 82 

1,007 78 



$39 39 
33 02 



6 53 
482 70 
173 60 

'30' 41 
17 73 
35 20 
21 74 
28 27 
33 28 
42 79 
19 72 
56 20 

'14*95 
3 11 

80 67 



$ 14,240 82 I $ 1,139 76 



62 APPENDIX. 

PEINCIPAIi AND INTEEEST SIXTEENTH SECTION FDND — COntinUCd. 



Counties. 



Baldwin. 



Total.. 
Barbour., 



Township. 



U 
2 
3 



Bange. 



3 E 

3 

2 

2 

3 



Principal. 



$ 160 00 

872 00 

550 00 

209 60 

312 00 



$1,903 60 



Interest. 



$ 12 80 
69 76 
28 00 
16 77 
24 96 



$152 29 



10 



11 



12 



13 



24 
25 
26 
24 
25 
26 
27 
28 
24 
25 
26 
27 
28 
29 
25 
26 
27 
28 
29 
26 
27 
28 
29 
27 



$215 47 

480 88 
688 23 
226 55 
581 95 
333 35 

22 40 

702 88 

544 25 

168 88 

535 50 

1,826 71 

573 10 

1,328 63 

331 23 

477 12 

487 06 

525 46 

549 40 

1,365 80 

8,419 34 

7,219 66 

481 86 
3,129 42 



Total. 
Bibb. .. 



$31,315 23 



1^ 17 24 
38 47 

55 06 
26 12 
46 55 
16 67 

1 79 

56 25 
43 55 
13 51 
42 84 

146 14 
45 85 

106 29 
26 51 
38 17 
38 96 

42 04 

43 95 
109 26 
673 55 
577 57 

38 55 
250 35 



,505 27 



22 

28 

24 

21 
22 



8 

9 
10 
11 

7 

8 

9 
10 
11 

8 

9 
10 
11 

5w 

6 

6 

7 



Total. 



$918 61 

2,066 09 

" 156 95 

300 61 

726 48 

845 62 

456 25 

3,374 87 

21 20 

849 92 

33 24 

1,182 40 

' 648 37 

624 00 

65 35 

601 58 

$12,869 53 



$ 73 49 
165 29 

'i2'5e 

24 05 
58 12 
67 65 
36 50 
269 99 

1 70 
67 99 

2 66 
94 59 
51 87 
49 92 

5 07 
48 13 

$1,029 58 



APPENDIX. 53 

PEINCrPAL AND INTEREST SIXTEENTH SECTION FUND —Continued. 



Counties. 



Blount. 



Total. 
Bullock. 



Township. 



Eange, Principal. Interest, 



9 
10 

ii 



12 

13 

9 

10 

io 

11 



72 
13 



iB 

1 
2 
1 
2 
3 
1 
2 
1 
2 
Iw 

2 w 

3 w 
Iw 
2 w 
3w 

1 w 

2 w 

3 w 
3 w 

1 w 

2 w 
3w 



J 65 00 
428 98 
23 64 
351 87 
457 96 
857 66 
657 17 
237 03 



375 21 
150 60 
63 10 
116 56 
307 80 



10 00 

277 84 

19 05 

32 00 

473 92 



$4,905 41 



$ 5 20 
34 32 
1 89 
28 15 
36 64 
68 61 
52 57 
18 96 

'36*62 

12 05 

5 05 

9 32 

24 62 



80 
22 23 

1 52 

2 56 
37 91 



$392 42 



11 
12 

is 

i4 
15 



Total. 



23 
24 
22 
23 
24 
25 
21 
22 
23 
24 
25 
26 
21 
22 
23 
24 
25 
26 
21 



$ 225 18 


18 01 


1,296 29 


103 70 


179 -60 


14 37 


313 69 


25 10 


229 98 


18 40 


1,093 51 


87 48 


1,273 36 


101 87 


879 12 


70 3.3 


1,563 96 


125 12 


7,187 50 


575 12 


1,149 76 


91 98 


2,271 78 


181 74 


2,249 56 


179 96 


1,846 88 


147 75 


1,744 62 


139 57 


2,254 63 


180 77 


2,700 04 


216 00 


800 00 


64 00 


5,788 96 


463 12 



$35,053 39| $2,804 27 



54 



APPENDIX. 

PEINCIPAL AND INTEBEST SIXTEENTH SECTION FUND — COntinUCd. 



Counties. ' 


rownship. 


Eange. 


Principal. 


Interest. 


■Riitler 


7 

'8 

9 

io 
ii 


12 
13 
14 
15 
12 
13 
14 
15 
12 
13 
14 
15 
12 
13 
14 
15 
12 
13 
14 
15 


$ 296 85 

112 36 

412 93 

501 04 

236 02 

441 83 

69 35 

67 65 

790 00 

987 04 

24 61 

120 45 

327 30 

3,322*87 
3,079 30 
1,155 IS 
5.576 2S 
'990 80 
1,152 32 


$ 23 76 




8 99 




33 03 




40 12 




18 88 




35 35 




5 55 




5 41 




56 07 




78 96 




1 97 




9 64 




26 18 








265 83 




246 34 




92 41 




446 10 




79 26 




92 92 






Total 






$19,575 48 


$1,566 03 












13 

ii 

15 
16 


7 
8 
9 
10 
6 
7 
8 
9 
6 
7 
8 
9 
6 
7 
8 
9 


$ 968 15 
1,598 24 

835 19 
50 73 

617 68 
1,259 95 
4,204 76 
3,999 58 
1,222 2'^ 
2,386 3e 
1,132 6C 
2,612 OS 
4,840 06 
1,405 It 

948 9( 
3,152 55 


$ 77 45 
127 86 




66 82 




4 06 




49 41 




100 80 




336 38 




319 97 




97 78 




190 91 




90 61 




208 96 




) 387 20 




112 41 




) 75 92 




J 252 20 






Total 






$31,234 U 


i $2,498 74 



APPENDIX. 55 

PBIKCIPAIi AND INTEBEST SIXTEENTH SECTION FUND — Continued. 



Counties. 


Township. 


Eange. 


Principal. 


Interest. 


Chambers 


21 

22 
23 

24 


25 

26 

27 

28 

29 ' 

25 

26 

27 

28 

25 

26 

27 

28 

25 

26 

27 

28 


$1,887 72 
2,326 18 
1,169 40 
1,807 20 
368 00 
4,296 24 

2.440 39 

3.441 22 
2,814 39 
1,268 48 

797 85 
2,002 00 
2,907 32 

436 27 
1,407 05 

347 63 

828 51 


|151 02 




186 09 




93 55 




144 58 




29 44 




343 70 




195 23 




275 30 


* 


225 15 




101 48 




63 83 




160 16 




232 59 




34 90 




112 56 




27 81 




66 28 






Total ..... , 






$30,545 85 


$2,443 67 




















Cherokee 


7 
"8 

9 

io 
ii 

12 


10 
11 

9 
10 
11 

8 

9 
10 
11 

7 . 

8 

9 
10 
11 

8 

9 
10 
11 

9 

10 
11 


% 595 20 

38 30 

10 00 

297 36 

429 73 

35 08 

289 01 

2,774 00 

420 30 


$ 47 62 




3 06 




80 




23 79 




34 38 




2 81 




23 12 




221 92 




33 62 








1,376 68 

1,278 37 

2,016 01 

2,104 43 

272 00 

41 43 

617 14 

883 00 

359 32 

1,669 98 

611 83 


110 13 




102 27 




161 28 




168 35 




21 76 




3 31 




49 37 




70 64 




28 75 




133 60 




48 95 






Total 


.... ....... 




$16,119 20 


$1,289 53 



56 APPENDIX. 

PEINCIPAl. AND INTEBEST SEXTBENTH SECTION FUND — OOntiuued. 



Counties. 


Township. 


Range. 


Principal. 


Interest. 


Choctaw 


9 

io 
ii 

12 

is 

14 
15 


2 
4 
2 
3 
2 
4 
2 
4 
1 
2 
3 
1 
2 
3 
4 
1 
2 
3 
4 


$ 226 62 

1,003 62 

85 40 

154 00 

109 88 

800 24 

924 25 

99 33 

1,899 60 

314 10 

765 64 

1,171 81 

570 00 

1,826 95 

2,953 32 

2,923 29 

516 83 

503 30 

3,388 31 


$ 18 13 
80 29 






6 83 




12 32 

8 79 
64 02 
73 94 








- 


7 95 




151 97 * 
25 13 






61 25 




93 74 




45 60 




148 56 




236 27 

233 86 

41 35 








40 26 




271 06 












$20,266 49 


$1,621 32 








Clarke 


4 
6 

'7 

'h 

"9 

io 
ii 

"8- 

9 

10 

11 


2 E. 

2 

4 

1. 

3 

4 

5 

2 

3 

4 

5 

1 

2 

3 

4 

3 

4 

1 

2 

3 

4 

IW. 

1 " 

I '« 

1 " 


$3,108 00 

141 80 

181 55 

379 48 

3 20 

2,179 26 

910 20 

914 18 

67 40 

524 20 

967 20 

518 80 

252 40 

266 79 

32 66 

240 40 

618 40 

575 02 

38 40 

352 44 

1,898 24 
600 96 

1,161 98 
147 88 

4,440 32 


$ 248 64 
11 34 
14 52 
30 36 










25 




174 34 

72 82 






73 13 
'^ 3Q 






41 94 
77 38 
4T 50 








20 19 




21 34 




2 61 




19 23 




49 47 




46 00 




3 07 




28 20 




151 86 




48 08 




92 96 
11 83 






355 23 






Total 






$20,521 16 


$1,641 68 



APPENDIX. 

PEINCIPAIi AND INTEEEST SIXTEENTH SECTION FUND— Continued. 



57 



Counties. 


Township. 


Range. 


Principal. 


Interest. 


Clay 


18 
19 

20 
2i 

22 


9 

8 
9 
6 
7 
8 
9 
5 
6 
7 
8 
9 
5 
6 
7 
8 
9 


$ 1,041 94 
70 12 
498 68 
295 88 
282 53 
430 90 
135 15 
328 97 

1,006 45 
280 50 
10 12 
748 97 
285 00 
839 90 

1,226 92 
227 25 
288 84 


$ 83 36 




5 61 
39 89 




25 67 




38 56 




34 47 




K) 80 




26 32 




80 52 




22 44 


■ 


81 




59 92 


' 


22 80 




67 19 




98 15 




18 18 




23 11 






Total 






$8,197 62 


$ 655 18 
















Cleburne 


14 

is 

16 

17 


11 
12 
10 
11 
12 
10 
11 
12 
8 
9 
10 
11 
12 


139 04 

471 22 

354 35 

1,421 33 

718 99 

380 84 

230 42 

35 66 

180 10 

1,248 54 

798 88 

73 80 

24 62 


11 12 




37 70 




28 35 




113 71 




57 52 




30 47 




18 43 




,2 85 




14 41 




99 88 




63 91 




5 90 




1 97 






Total 






$6,077 79 


$ 486 22 






Coffee 


3 

'h 


19 
21 
22 
19 
20 
21 
22 
19 
20 
21 
22 
20 
21 
22 


89 00 
167 07 

68 57 
154 07 
304 32 
148 64 
164 50 
393 81 

89 06 
379 38 
375 51 
363 50 
199 28 
191 16 


7 12 
13 37 




5 49 




15 16 




24 35 




11 89 




13 16 




31 50 




7 12 




30 35 




30 04 




37 08 




15 94 


, 


15 29 






Total..... 






$3,187 87 


$ 257 86 



58 



APPENDIX. 

PBINCIPAL AND INTEEEST SIXTEENTH SECTION FUND — COntinned. 



Counties. 


Township. 


Range. 


Principal. 


Interest. 


Conecuh 


4 
5 

6 

7 
8 


9 
10 
12 

8 

9 

10 
11 
12 
13 

9 
10 
11 

9 
10 
11 
10 
11 


$143 77 

28 87 

704 00 

82 0{ 

36 15 

3,947 77 

180 00 

153 62 

138 75 

1,558 33 

2,292 20 

659 99 

1,556 00 

53 60 

15 00 

41 20 

454 86 


$11 50 

2 31 

56 32 

6 56 








2 89 
315 82 






14 40 




12 29 




11 10 




124 67 




183 38 




52 80 




124 48 




4 29 




1 20 




•3 30 




36 39 






Total 






$12,046 11 


$963 70 




















Coosa 


21 
22 
23 

24 


17 
18 
19 
20 
17 
18 
19 
20 
16 
17 
18 
19 
20 
16 
17 
18 
19 
20 


$ 972 48 
103 63 
392 29 
112 12 
30 00 
410 11 
382 12 

2,430 83 

151 12 

83 40 

180 08 

70 96 

2,016 55 
806 91 
251 72 
964 93 
277 52 
195 63 


$ 78 60 
8 29 






31 38 




8 97 




2 40 




32 81 




30 57 




194 47 




12 09 




6 67 




14 41 




5 68 




161 32 




64 55 




20 14 




77 19 




22 20 ' 




15 65 






Total 






$9,842 40 


$787 39 




















Covington 


1 
2 
3 

4 

5 

6 


18 
16 
14 
15 
16 
17 
15 
16 
17 
18 
14 
15 
16 
17 
14 
17 


118 80 

5 72 

175 79 

8 97 

71 75 

21 40 

123 60 

82 52 

617 00 

123 57 

115 10 

251 30 

35 44 

12 05 

50 86 

263 99 


9 50 




46 




14 06 




72 




5 74 




1 71 




9 89 




6 60 




49 36 




9 89 




9 21 




20 10 




2 84 




96 




4 07 




21 12 






Total 


1 


$2,077 861 


$166 23 



APPENDIX. 

PEINCIPAIi AND INTEEEST SIXTEENTH SECTION FDND — Continued. 



69 



Counties, 



Township. Kange. Principal 



Crenshaw 



Total. 



18 
16 
17 
18 
16 
17 
18 
16 
17 
18 
16 
17 
18 
16 
17 
18 
17 



Interest 



$ 16 28 

50 00 

61 57 

1,306 98 

81 84 

475 32 

186 95 

777 22 

516 45 

644 99 

576 69 

592 41 

395 87 

58 50 

912 33 

887 43 

1,470 12 



3,010 95 



$1 30 

4 00 

4 93 

104 56 

6*55 

38 02 

14 96 

62 18 

41 32 

51 60 

46 13 

47 39 
31 67 

4 58 

72 99 

70 99 

117 61 



$720 88 



Colbert 
Total 

* r 

Dale... 



10 
11 
12 
11 



$2,195 88 

6.355 61 

2,902 80 

18 00 



$11,472 29 



$175 67 

508 45 

232 22 

1 44 



$917 78 



Total. 



23 

24 
25 
23 
24 
25 
26 
23 
26 
23 
24 
25 
26 
23 
24 
25 
26 



$ 91 30 

90 92 
184 32 

82 32 
143 50 
360 44 

68 00 
221 43 
967 77 
175 20 

58 44 
130 06 

43 00 
849 03 

30 94 

91 07 
525 64 

54,116 38 



$ 7 30 

7 27 

14 75 

6 59 
11 48 
28 84 

5 44 
17 95 
77 42 
14 02 

4 68 
10 40 

3 44 
67 92 

2 48 

7 25 
42 05 

$329 32 



60 



APPENDIX. 

PBINCrPAL AND IlfrEEEST SIXTEENTH SECTION FTTND — Continued. 



Counties. 



Dallas , 



Township. 



Total. 
DeKalb. 



13 
14 

i5 
16 



18 
19 



9 

10 

11 

8 

9 

10 

11 

7 

8 

9 

10 

11 

12 

7 

8 

9 

10 

11 

12 

7 

8 

9 

10 

11 

12 

10 

11 

11 



Principal. 



$ 2,844 72 
2,420 88 
4,677 78 

862 81 
1,454 19 
3,876 32 

876 02 
3,387 
2,777 
5,233 
4,293 
3,005 
3,436 
6,529 
2,801 
9,613 12 
4,746 44 
3,321 49 
10,220 26 
2,480 03 
5,129 43 
8,535 36 
6,191 20 
2,860 20 
1,950 26 
4,502 32 
1,632 12 
1,313 87 



Interest, 



21. 

60 
70 
28 
30 
00 
98 
00 



$110,973 19 



$ 227 58 
193 67 
374 22 

69 82 
116 33 
310 11 

70 08 
270 98 
222 21 
418 70 
343 46 
240 42 
274 88 
522 40 
224 08 
769 05 
379 72 
265 72 
817 62 
198 40 
410 38 
682 83 
495 30 
228 81 
156 03 
360 19 
130 57 
105 11 



3,877 83 



Total. 



10 

9 

10 

10 

7 
8 
9 
10 
8 
9 
7 
8 
6 
7 



$ 522 82 

97 61 

63 25 

107 72 

67 69 

113 31 

399 00 

490 40 

714 10 

62 00 

78 64 

2,009 60 

227 45 

3,577 48 



$ 41 83 

7 81 
5 06 

8 62 

5 41 

9 06 
31 92 
39 23 
67 12 

4 96 

6 29 
160 77 

18 20 
286 20 



$8,531 07 I $ 682 48 



APPENDIX. 

PEiNcn>AL AND INTBBEST srxTJEENTH SECTION FUND— Continued. 



61 



Counties. 


Township. 


Kange. 


Principal. 


Interest. 


Elmore 


17 
18 

i9 

20 


17 

19 
20 
17 
18 
19 
20 
21 
17 
18 
19 
20 
21 
17 
18 
19 
20 
21 


$11,559 94 

2,100 34 

1,154 10 

649 68 

505 63 

2,156 90 

1,055 25 

1,486 66 

1,136 72 

4J9 32 

172 24 

880 22 

395 67 

75 61 

1,450 12 

519 20 

775 40 

53 10 


$924 80 

168 02 

92 33 




51 97 




40 45 




172 55 




84 42 




118 85 




90 94 




33 55 




13 78 




•70 42 




31 41 




6 05 




116 01 




41 54 




62 03 




4 25 






Total 






$26,542 10 


$2,123 37 




















1 

'2 
3 


8 
9 
10 
11 
12 
12 
9 
10 
13 


$ 26 00 
66 44 
12 25 
21 75 
52 40 
241 64 
33 60 
56 28 

1,080 44 


$ 2 08 
5 82 






98 




1 74 




4 19 




19 33 




2 69 




4 50 




94 44 












$1,690 80 


$135 27 




















Etowah 


10 

ii 
12 

13 


5 

6 
7 
4 
5 
7 
3 
4 
5 
6 
7 
8 
6 


$ 155 87 

271 77 

213 36 

48 11 

377 66 

3,497 71 

245 81 

602 60 

367 95 

5,869 60 

1,159 96 

194 16 

197 65 


f 12 47 
21 74 






17 07 




3 85 




30 21 




279 82 




19 66 




48 21 




29 44 




469 57 




92 80 




15 53 




15 82 






Total 






$13,202 21 


$1,056 18 



62 



APPENDIX. 

PBINCrPAL AND INTEEEST SIXTEENTH SECTION FUND — Continued. 



Counties. 


Township. 


Kange. 


Principal. 


Interest. 


Fayette 


14 
15 

ie 
i7 


10 
11 
12 
13 
10 
11 
12 
13 
10 
11 
12 
13 
11 
12 
13 


$36 50 
685 60 
416 50 
118 03 
751 59 
306 96 

1,611 60 

123 40 
2,080 31 

124 75 
50 93 

171 72 
303 60 
718 11 
413 48 


$ 2 92 




54 85 




33 32 




9 44 




60 13 




24 56 




128 93 




9 87 




166 42 




9 98 




4 07 




13 74 




24 29 




57 45 




33 08 












$7,913 08 


$ 633 05 
















Franklin 


6 

7 

'8 


11 
10 
11 
12 
13 


475 64 

50 40 

1,315 84 

1,122 26 

727 10 


38 05 




4 03 




105 27 




89 78 




58 17 






Total 






$ 3,691 24 


$ 295 30 








1 
2 


22 
23 
24 
26 
23 
24 
25 
26 


342 63 
44 .34 

30 90 
277 60 
311 63 

44 97 

31 66 
91 25 


27 41 
3 54 




2 47 




22 21 




24 93 




3 60 




2 53 




7 30 






Total 






$ 1,174 98 


$ 93 99 








19 
20 
21 
22 
23 

22 

23 


2 • 

3 

1 

2 

1 

2 

1 

2 

1 

2 

3 

Iw 

1 


11,957 28 
3,083 56 
7,880 00 

10, .320 00 
1,725 60 
6,046 20 
1,471 51 
5,471 64 
1,266 61 
1,150 16 
1,794 51 
4,9.34 44 
2,889 15 


956 58 




246 68 




G30 40 




825 60 




138 05 




483 70 




117 72 




437 73 




101 33 




92 01 




143 56 




394 76 




231 13 












$59,990 66 


$4,799 25 



APPENDIX. 63 

PBINCIPAL AND INTEEEST SIXTEENTH SECTION FUND — Continued. 



Counties. Township. 


Kange. 


Principal. 


Interest. 


Hale 


18 
19 

20 

2i 

22 
23 


5 
4 
5 
3 
5 
4 
5 
6 
3 
4 
5 
6 
4 
5 


$ 4,648 00 

1,777 47 

9,182 52 

2,101 45 

10,438 93 

964 55 

1,928 56 

243 40 

477 87 

957 08 

74 00 

11 35 

4,322 52 

1,526 92 


371 84 




142 20 
734 60 




168 12 




835 12 




77 16 




154 28 




19 47 




38 23 




76 57 




5 92 




91 




345 80 




122 15 












$38,654 62 


$3,092 37 






Henry. 


1 

2 
3 

4 

5 

6 

1 

'a 

9 


27 
28 
30 
29 
30 
27 
'28 
29 
27 
28 
29 
27 
28 
29 
27 
28 
29 
27 
28 
29 
27 
28 
29 
29 


837 84 

367 48 

1,520 90 

533 30 

241 60 

133 53 

116 80 

388 00 

96 44 

34 34 

462 77 

45 00 

70 65 

879 32 

22 08 

576 50 

545 60 

821 78 

790 11 

115 89 

490 44 

1,832 30 

632 06 

1,472 00 


67 03 




29 40 




121 67 




42 66 




19 33 




10 68 




9 34 




31 04 




7 72 




2 75 




68 26 




3 60 




5 65 




70 35 




1 77 




46 12 




43 65 




65 74 




63 21 




9 27 




39 23 




146 58 




50 56 




117 76 






Total 






$12,989 07 


$1,039 12 



64 



APPENDIX. 

PBINCIPAL AND INTBEEST SIXTEENTH SECTION PUND — Continued. 



Counties. 


Tovmship 


Bange. 


Principal. 


Interest. 


Jackson 


1 
*2 
3 


' . 4 
5 
6 
7 
8 
9 
3 
4 
5 
6 
7 
9 
3 
4 
5 
6 
7 
8 
9 
3 
4 
5 
6 
7 
8 
3 
4 
6 
7 


$ 200 00 

465 10 

813 00 

680 27 

4,239 00 

6,382 56 

47 94 

4,507 75 

59 85 

1,430 63 

1,163 75 

65 20 

582 16 

115 41 

67 20 

6,000 00 

441 41 

225 20 

130 25 

4,837 64 

2,605 50 

1,979 09 

1,286 52 

914 91 

308 82 

1,964 24 

509 48 

210 64 

21 00 


$ 16 00 
37 21 






65 04 




54 42 




339 12 




510 60 




3 83 




360 62 




4 79 




114 45 




93 10 




5 22 




46 57 




9 23 




5 38 




480 00 




35 31 




18 02 




10 42 




387 01 




208 44 




158 30 




102 92 




73 19 




24 71 




1.59 14 




40 76 




16 85 




1 68 


Total 






$42,254 52 


$3,380 36 






















15 
16 
17 

4 

i5 
ie 

17 

is 
i9 

20 


lE 

1 
1 

2w 

3 

1 

2 

3 

4 

1 

2 

3 

4 

5 

1 

2 

3 

4 

6 

3 

4 

5 

6 

7 

3 

4 

5 

6 

4 

5 


$ 590 85 

1,210 54 

2,055 70 

206 12 

86 04 

828 55 

936 80 

139 05 

209 25 

1,098 00 

111 72 

148 17 

441 47 

17 43 

57 70 

1,888 94 

42 10 

153 12 

155 20 

1,661 00 

1,005 59 

67 99 

28 12 

53 20 

219 81 

1,655 40 

174 00 

116 16 

169 44 

1,975 23 


$ 47 29 




11 24 




164 46 




16 49 




6 88 




67 88 




74 94 




11 12 




16 74 




89 84 




8 94 




11 85 




35 32 




1 39 




4 62 




151 12 




3 37 




12 25 




12 42 




132 88 




80 45 




5 44 




2 25 




4 26 




17 58 




132 43 




13 92 




9 29 




13 .55 




158 02 








$16,452 69 


$1,316 21 



APPENDIX. 65 

PBINCIPAL AND INTEREST SIXTEENTH SECTION PUND — Continued. 



County. 


Township. 


Range. 


Principal. 


Interest. 


Lauderdale . . 


1 

"'i 

3 


8 

10 

12 

13 

14 

15 

7 

8 

9 

10 

11 

12 

13 

7- 

11 

12 


$ 193 10 

829 30 

961 60 

10 61 

237 45 

92 87 

102 32 

1,410 21 

163 06 

2,415 83 

435 99 

1,101 50 

2,864 42 

1,636 48 . 

2,274 27 

5,444 00 


$ 15 45 




66 34 




76 93 




84 




19 OO 




7 43 




8 l9 




112 82 




13 04 




193 27 




34 88 




88 12 




229 15 




130 92 




181 94 




435 52 












$20,172 97 


$1,613 84 












Lawrence 


3 

"4 

5 

'e 

7 

'8 


8 
9 
6 
7 
9 
' 6 
7 
8 
9 
6 
7 
8 
9 
6 
7 
8 
9 
6 
7 
8 


7,701 06 

2,093 09 

7,194 00 

7,720 96 

1,581 46 

1,786 84 

1,250 60 

2,274 90 

26 33 

87 60 

1,722 74 

503 40 

2,193 00 

9.055 39 

7,000 00 

1,104 23 

2,on 70 

. 24 77 

23 10 

5 08 


616 08 




167 44 




575 52 




617 68 




126 52 




142 95 




100 05 




181 99 




2 ]t 




7 01 




137 82 




40 27 




175 44 




724 43 




560 00 




88 34 




160 94 




1 98 




1 85 




40 






Total 






$55,360 55 


$4,428 82 
















Lee 


18 

i9 

20 


25 
26 
27 
28 
29 
30 
24 
25 
26 
27 
28 
29 
25 
26 
27 
28 
29 


3,782 00 
202 88 
1,280 88 
1,130 97 
2,143 11 
1,940 00 
1,134 68 
3,552 80 
4,779 35 
4,326 .59 
5,315 39 
2,787 15 
5,660 38 
2,990 00 
6,731 20 
2,386 08 
851 08 


302 56 




16 22 




102 47 




90 48 




171 45 




150 20 




90 77 




284 22 




382 35 




346 13 




425 23 




222 97 




448 03 




239 20 




458 50 




• 190 89 
68 08 






Total . 






$49,934 54 


$3,994 76 


5 



66 APPENDIX. 

PEINCIPAL AND INTEEEST SIXTEENTH SECTION EUND — Continued. 



Counties. 


Township. 


Kange. 


Principal. 


Interest, 


Limestone 


1 
2 

3 

'i 
5 


3 
4 
5 
6 
3 
4 
5 
6 
3 
4 
5 
6 
3 
4 
5 
3 


$ 120 89 

()50 00 

L863 00 

1,144 33 

32 87 

95 10 

1,592 33 

164 52 

450 20 

6,078 39 

996 20 

2,995 00 

18,692 66 

6,767 65 

6,875 29 

5,556 40 


9 67 
^2 no 






149 04 




91 54 




2 63 




7 61 
127 39 






13 16 




36 02 




486 27 




79 70 
239 60 






1,495 41 
54] 41 






550 02 
444 fiT 








Total 






$54,074 81 


$4,325 98 




Lowndes 


12 

is 

14 

is 

16 


12 
13 
14 
15 
16 
12 
13 
U 
15 
16 
12 
13 
14 
15 
36 
13 
14 
15 
13 
14 
15 


5,942 00 

647 92 

3,330 81 

395 94 

416 71 

3,724 93 

520 00 

1,056 80 

4,975 97 

6,906 41 

6,077 12 

1,144 31 

1,927 53 

2,171 03 

670 76 

1,370 48 

2,729 81 

3,324 72 

2, 184 80 

2,714 46 

2,503 21 


475 36 




51 83 




266 46 
31 68 






33 34 




297 99 




41 60 




84 54 




398 08 




552 51 




486 17 




91 54 




154 20 
173 68 




63 66 




109 64 




218 38 




265 98 




174 78 




217 16 




200 26 






Total. 






$54,735 72 


$4,378 84 


Macon 


15 

ie 

is 


22 
23 
24 
25 
21 
22 
23 
24 
25 
22 
23 
24 
25 
26 
23 
24 


1,338 00 

4,000 00 

2,655 98 

1,745 00 

506 76 

1,004 08 

2,175 52 

5,857 00 

4,150 00 

411 12 

760 20 

1,014 33 

326 40 

1,324 20 

512 64 

440 96 


107 04 




320 00 




212 48 




139 60 




40 52 




80 32 




174 04 




468 56 




332 CO 




30 89 




60 98 




81 15 




26 11 




105 94 




41 01 




35 28 






Total 






$28,224 19 


$2,257 92 



APPENDIX. 67 

PEINCrPAL AND INTEREST SIXTEENTH SECTION TUND— Continued. 



Counties. 


Township. 


Kange. 


Principal. 


Interest. 


Ji^adison ..„ 


1 

"2 

*3 

"4 

'5 

6 

"2 
3 

4 

'5 


1 E 

2 
1 

2 

1 

2 

1 

2 

1 

2 

1 

2 

Iw 

1 

2 

1 

2 

1 

2 


$ 2,631 08 

12,270 60 

8,497 55 

2,023 99 

14,999 67 

8,815 12 

2,806 83 

5,669 34 

3,013 36 

3,924 00 

3,204 00 

4,896 00 

4,965 50 

10,000 00 

338 88 

9,82.3 41 

6,553 76 

2,163 92 

7,983 76 


$210 49 




981 65 




679 80 




161 92 




1,199 97 




705 21 




224 55 




453 55 


.»^ .*.. 


241 07 




313 92 




257 32 




391 68 




397 24 




800 00 




27 11 


■ 


785 87 
524 30 




173 11 




638 70 






Total 






$114,580 77 


$9,166 46 


Marengo 


12 

is 

14 

is 
i6 

17 


1 E 

3 

4 
1 
2 
3 
4 
1 
2 
3 
4 
5 
1 
2 
3 
4 
5 
1 
2 
3 
4 
5 
1 

2 
3 
4 


55 56 

428 52 

3,274 10 

178 40 

705 27 

295 77 

397 01 

598 15 

1,848 00 

909 48 

2,528 48 

3,642 49 

4,000 00 

795 00 

2,377 10 

3,248 38 

1,085 91 

677 28 

951 40 

187 94 

2,101 92 

5,354 98 

4,241 88 

3,416 80 

390 63 

15,986 46 


4 44 




34 28 




181 93 




14 27 





56 42 
23 66 




31 76 




47 85 




147 84 




72 76 




202 28 




291 40 




320 00 




63 60 




190 17 




259 87 




86 87 




54 18 




76 1] 




15 04 




168 15 




428 40 




339 35 




273 34 




31 25 




1,278 92 






Total. 






$58,676 91 


$4,694 14 



68 APPENDIX. 

PEINCIPAL AND INTEREST SIXTEENTH SECTION FUND COntinUed. 



CoxintJea 


Township. 


Range. 


Principal. 


Interest. 


Marion 


9 

io 
ii 

12 
13 


U 
12 
13 
11 
12 
11 
13 
14 

!^ 

12 
13 
11 
12 
13 


$ f35 00 

46 68 

81 25 

161 05 

43 20 

230 40 

56 44 

288 34 

376 52 

]6 50 

40 00 

322 60 

456 98 

J 40 70 

45 00 


$ 42 80 




3 73 




6 50 




12 88 




3 46 




18 43 




4 51 




23 07 




30 13 




J 32 




3 20 




25 81 





135 59 
11 26 




3 60 






Total 






$ 2,840 66 


$ 326 28 




















Marahall 


6 

■7 

"a 
'9 

io 


3 
5 
1 
2 
3 
4 
3 
4 
2 

I 

4 


5,238 50 

1,213 63 

416 10 

39 00 

570 25 

1,666 13 

1,1 9 46 

151 19 

3,672 63 

438 16 

70 81 

74 88 


419 04 




97 09 




33 29 




3 12 




45 62 




J 33 29 




89 56 




12 10 




293 81 




35 05 




5 66 




5 99 






Total. . 






$14,670 74 


$ 1,173 62 




















Monroe.. 


4 
'5 

6 

'7 

"s 

'9 


3 
4 
5 
5 
6 

I 

6 

7 
8 
7 
8 
9 
6 
8 
9 
10 
11 


4,5-20 00 

568 50 

249 66 

7,933 79 

610 85 

167 56 

180 24 

201 00 

459 72 

1,198 27 

1,373 32 

185 00 

180 38 

1,793 76 

2,560 00 

],665 12 

1,189 50 

400 00 


361 60 




45 48 




19 97 




634 70 




48 87 




13 40 




14 42 




16 08 




36 78 




95 86 




109 87 




14 80 




14 43 




143 50 




204 80 




133 31 




95 16 




32 00 






Total 






$25,436 61 


$ 2,034 C3 



APPENDIX. 69 

PETNCIPAIi AND INTEEEST SIXTEENTH SECTION FUND— Continued. 



Counties. 


Township. 


Range. 


Principal. 


Interest. 




12 
13 

14 

15 

16 

17 


18 
19 
20 
17 
18 
19 
20 
17 
18 
19 
20 
16 
17 
18 
19 
20 
16 
17 
18 
19 
20 
18 


$ 1,874 49 
246 88 
460 16 
2,007 10 
1,703 08 
860 78 
1,107 39 
1,392 52 
5,264 36 
5,003 dO 
3,312 23 
2,920 49 
7,459 64 
1,726 40 
1,359 80 
5,151 70 
6,266 00 
10,971 57 
4,263 66 
8,836 00 
4,543 84 
1,874 20 


$ 149 66 




19 75 




86 81 




160 57 




136 25 




68 86 




83 59 




111 40 




419 71 




400 24 




264 98 


. 


233 64 




596 77 




138 11 




108 78 




412 14 




500 80 




877 72 




341 09 




690 88 




363 51 




149 94 






Total 






$79,381 29 


$ 6,270 50 














"'..'.'....P.... 






5 
6 

'i 

'8 


4 
5 
1 
2 
3 
4 
5 
1 
2 
3 
4 
5 
1 
2 
3 
4 
5 


6,155 69 
10,000 00 

247 40 
2,999 40 

484 93 
2,673 87 

189 65 
1,217 08 

965 20 

1,079 79 

94 40 

1,467 60 

180 01 
39 73 

451 70 
1,950 78 
1,754 82 


492 95 




800 00 




19 79 




239 95 




38 80 




213 91 




15 17 




97 37 




77 22 




86 38 




7 55 




117 40 




14 40 




3 18 
36 14 




156 06 




140 39 












$31,952 05 


$ 2,556 I5 



70 APPENDIX. 

PEINCrPAL AND INTEEEST SIXTEENTH SECTION FUND — Continued. 



Counties. 


Township. 


Eange. 


Principal. 


Interest. 


Perry ; 


18 
17 

18 

20 

2i 
22 


6 
6 
6 

7 
8 
9 

10 
6 
7 
8 
9 

10 
7 
8 
9 

10 
7 


$ 2,125 12 
10,836 09 
11,650 58 

3.235 21 
2,085 00 
7,564 00 

19,223 50 

1,903 80 

500 12 

668 37 

3,801 68 

2,005 81 

1.236 37 
526 43 
161 00 
933 40 
904 80 


1 170 01 

866 89 




1,172 05 

258 82 
166 80 








605 12 




1,537 88 
152 30 






40 01 
53 47 






304 13 




16© 46 




98 81 




42 11 




12 8S 




74 6Q 




72 38 






Total 






$76,883 30 


$6,150 65 








Pickens 


24 
24 

is 

19 
20 
21 

22 


1 E 

2 

1 W 

2 

3 
13 
14 
16 
13 
14 
15 
16 
13 
14 
15 
16 
13 
14 
15 
16 
17 
13 
14 
15 
16 
17 


$ 8,174 09 

1,677 28 

1,179 00 

1,189 77 

10,638 76 

61 27 

2.50 95 

1,087 82 

315 39 

662 36 

678 92 

531 47 

425 36 

1,962 11 

225 44 

2,674 60 

952 51 

96 24 

664 79 

1,015 91 

839 40 

1,080 00 

597 42 

9,314 56 

3,250 04 

573 80 


$ 653 93 
134 18 






94 32 




95 88 




851 10 




4 90 




20 08 




87 03 




25 23 




52 99 




54 31 




42 52 




34 03 




156 97 




18 04 




213 97 




76 20 




7 76 




45 18 




81 '^1 




67 15 




86 40 




47 79 




745 16 




960 00 




45 90 






Total 






$50,0 19 26 


$4,001 53 



APPENDIX. 

PEINCrPAL AKD INTEEEST SIXTEENTH SECTION FUND— Continued. 



71 



Counties. 


Township . 


Eange. 


Principal. 


Interest. 


Pike 


8 
"9 

io 
ii 
i2 


19 

20 
21 
23 
19 
20 
21 
22 
23 
19 
22 
23 
19 
21 
22 
21 


$ 227 72 

1,018 82 

829 52 

217 03 

780 72 

981 66 

763 84 

77 37 

393 56 

864 95 

42 32 

45 98 

625 15 

321 52 

1,698 36 

379 56 


$ 18 22 




81 51 




66 36 




17 36 




62 46 




78 53 




61 11 




6 18 




31 48 




69 20 




3 39 




3 68 




50 01 




25 72 




135 87 




30 36 


Total 






$ 9,267 98 


$ 141 25 
290 85 
139 80 

28 98 
340 86 
104 81 
448 08 
541 63 
143 48 

90 15 
143 18 

73 40 
616 40 
479 98 

62 92 

62 92 
511 57 


$ 741 44 


Randolpli. 


18 
19 
20 

2i 

22 


10 
11 
12 
10 
11 
12 
10 
12 
13 
Jl 
12 
13 
10 
11 
12 
13 


$ 11 30 




23 27 




11 18 




2 32 




27 27 




8 38 




35 85 




43 33 




11 48 




7 21 




11 45 




5 87 




49 31 




38 40 




5 03 




5 03 




40 93 


Total 




. . . , , 


$ 4,157 34 


$ 332 58 



72 APPENDIX. 

PEINCIPAL AND INTEREST SIXTEENTH SECTION FUND — COD tinned. 



Counties. 


Township. 


Kange. 


Principal. 


Interest. 


Kussell ■ 


13 
14 

15 

is 


. 28 
29 
27 
28 
29 
30 
27 
28 
29 
30 
31 
26 
27 
28 
29 
30 
27 
28 
29 
30 


$ 4,000 00 

275 80 
2,375 00 
3,526 00 
7,168 40 
1,391 48 

3U0 00 
2,084 00 
2,813 15 

892 00 
2,610 00 

640 00 
2,294 62 
2,566 80 
7,261 96 
1,505 00 
1,167 14 

396 00 
1,504 60 
2,555 00 


$ 320 00 
22 06 






190 00 


* 


282 24 




573 47 
111 32 
24 00 








166 72 
225 05 






71 36 




208 80 




51 20 




343 57 




205 34 




580 96 




120 40 




93 37 




31 68 




120 77 




204 40 






Total 






$49,364 00 


$ 3,946 71 








Sanford 


12 
13 

14 

if 

16 

17 


15 
14 
15 
16 
14 
15 
16 
14 
15 
16 
14 
15 
16 
14 
15 
16 


384 00 
328 92 
193 00 

15 64 

227 10 

1,346 33 

109 92 

83 16 
450 69 
531 67 

65 73 
345 86 
182 64 
877 40 
114 00 

72 25 


30 92 




26 31 




15 44 




1 25 




26 17 




107 71 




8 79 




6 65 




36 06 




42 53 




5 26 




27 67 




14 61 




76 19 




9 12 




5 78 






Total 






$ 5,428 31 


$ 434 26 



APPENDIX. 73 

PRINCIPAL AND INTEREST SIXTEENTH SECTION FUND — COntimied. 



Counties. 


Township. 


Eange. 


Principal. 


Interest. 


Shelby . 


18 
19 

20 

21 

22 
24 
18 
19 
20 

2i 

22 


IE 
1 

2 
1 

2 
1 
1 
12 . 
1 W 
2 
] 
2 
3 
1 
2 
3 
4 
1 
2 
3 


$ 25 15 

270 41 

1,652 24 

13 85 

1,375 98 

98 31 

1,182 84 

1,325 24 

879 12 

100 20 

47 09 

222 16 

169 80 

175 01 

8^2 00 

589 77 

15 00 

475 70 

86 62 

2,281 69 


$ 2 01 




21 63 




132 18 




1 11 




110 08 




7 86 




94 63 




106 62 




70 33 




8 02 




3 77 




41 77 




13 58 

14 00 




70 56 




47 18 




1 20 




38 06 




6 93 




182 54 






Total 






$12,168 18 


$ 973 40 ■ 












13 

ii 
is 

16 

i7 

is 


3E 

i 

5 

1 

3 

4 

5 

2 

3 

4 

5 

2 

3 

4 

2 

3 

4 

3 


$ 486 00 

292 75 

524 67 

12 00 

1,124 i>5 

336 50 

93 64 

15 80 

460 32 

283 36 

181 82 

1,775 15 

104 36 

38 26 

47 80 

322 01 

285 22 

171 34 


$ 38 88 




23 42 




41 98 




96 




89 94 




96 92 




7 49 




1 26 




36 83 




22 67 




14 55 




142 01 




8 35 




3 06 




3 82 




25 76 




22 08 




13 71 






Total 






$ 6,555 34 


$ 524 43 



74 



APPENDIX. 



Counties. 


Township. 


Eange. 


Principal. 


Interest. 


Sumter 


18 
16 

a 

is 
i9 

20 
21 

22 

23 


1 E 

1 w 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

4 

1 

2 

3 

2 

2 

3 

2 

3 

2 

3 


$3,361 30 
2,655 98 
686 00 
2,055 00 
642 64 
1,459 00 
1,738 12 
2,160 86 
1,066 82 

10,000 00 

4,050 60 

2,560 34 

176 92 

3,287 20 

17,891 17 
2,220 49 
6,751 12 

11,013 48 
5,. 596 19 
3,699 02 
4,898 51 

16,462 25 
8,142 08 


268 90 




217 48 




54 88 


- 


164 40 




51 40 




115 72 




139 05 




172 87 




85 35 




800 00 




324 05 




204 83 




14 15 




262 98 




1,431 29 




177 64 




540 09 




881 18 




287 64 




295 92 




391 88 




1,316 98 




651 37 






Total 






$110,575 09 


$8,846 01 






















16 
17 

is 

i9 

20 
2i 
22 


5 
5 
6 
7 
4 
5 
6 
7 
3 
4 
5 
6 
4 
5 
2 
4 
2 
4 


1,462 89 
1,480 36 
2,9J5 00 

543 50 
87 16 

427 96 

3,148 21 

85 60 

669 57 

40 24 

1,568 24 

128 72 
1,213 45 

148 79 

391 41 
1,766 52 
4,240 55 

369 79 


117 03 




118 43 




233 20 




43 48 




6 97 




34 24 




251 86 




6 85 




53 56 




3 22 




125 46 




10 .30 




97 08 




11 91 




31 31 




141 32 




339 24 




29 58 






Total 






$20,687 96 


$1,655 03 



APPENDIX. 

PRINCIPAL AND INTEEEST SIXTEENTH SECTION FUND — Continued. 



75 



Counties. 



Tallapoosa. 



Township. 



Total . . . . 
Tuskaloosa. 



18 
19 

20 



21 

22 
23 

24 



Total. 



24 

i7 

18 
19 

20 

21 
22 



Eange. 



22 
23 
22 
23 
24 
21 
22 
23 
24 
21 
23 
24 
21 
22 
23 
24 
21 
22 
23 
24 



3e 
4 

5 

6 

7 

8w 

9 
10 

9 

10 
11 
12 

7 

9 
10 
11 
12 

6 

7 

8 

9 
10 
11 
12 

7 

8 

9 
10 
11 
12 

8 

9 
10 
11 
12 



Principal. 



Interest. 



1,776 20 

288 45 
457 75 
395 22 
646 42 
907 20 
600 13 
632 96 
376 28 

1,967 15 
780 00 
373 36 

5,014 53 
309 20 
318 80 
164 27 

1,185 56 

595 20 

36 84 

299 68 

168 60 



$17,393 80 



318 83 

756 40 

4,014 76 

978 99 

393 63 

381 00 

90 00 

652 95 

322 72 

1,308 84 

380 20 

3,002 20 

145 84 

67 50 

793 78 

216 07 

202 25 

408 00 

37 63 

56 19 

992 43 

1,213 70 

147 20 

952 32 

41 68 

383 40 

2,817 66 

9,040 64 

785 20 

158 90 

333 07 

525 20 

6,122 40 

2,552 51 

1,958 80 

$41,650 89 



$ 142 10 


23 08 


26 62 


31 62 


51 71 


72 58 


48 01 


50 64 


30 10 


157 37 


62 40 


29 87 


401 16 


24 74 


33 50 


13 14 


94 84 


47 62 


2 95 


23 97 


13 49 


$ 1,391 51 



25 51 

60 51 

321 18 

78 32 

31 49 
30 48 

7 20 
52 24 

25 82 
104 47 

30 41 
140 17 
11 67 
5 40 
63 50 
17 29 
16 18 

32 64 

3 09 

4 49 

79 39 
97 10 

11 78 
76 19 

3 33 

30 67 

225 40 

723 25 

62 82 

12 71 

26 65 
42 02 

489 79 

204 20 

84 70 

I 3,332 07 



76 APPENDIX. 

PEINCrPAL AND INTEEEST SIXTEENTH SECTION FUND — Continued, 



Counties. 


Township. 


Eange. 


Principal. 


Interest. , 


Walker 


12 

is 

14 

15 
16 


4 
6 
4 
5 
6 
7 
8 
9 
10 
4 
5 
6 
7 
8 
9 
7 
8 
9 
6 
7 


$ 47 87 

15 32 

65 52 

209 39 

3 00 

6 40 

272 00 

44 69 

18 84 

77 88 

349 65 

140 89 

608 80 

403 00 

32 40 

25 51 

1(5 97 

104 55 

533 31 

89 55 


$ 3 83 




1 23 




5 24 




16 75 




24 




51 




21 76 




3 58 




1 51 




6 23 




27 97 




11 27 




48 70 




37 04 




2 59 




2 04 




S 48 




8 36 




42 66 




7 16 






Total 






$ 3,214 54 


1 257 15 






















7 
8 • 


2 

2 


$ 15 32 
294 00 


$ 1 23 




23 52 






Total 






$ 309 32 


$ 24 75 






















10 

ii 

12 

is 

ii 
is 


5 

6 

7 

8 

9 

10 

11 

5 

6 

7 

8 

9 

10 

11 

5 

6 

7 

8 

9 

10 

11 

5 

6 

7 

8 

6 

7 

6 


$ 591 6t 
3,224 36 

1,087 76 
1,710 00 

388 80 
36 48 

678 18 
1,769 65 
7.274 28 
1,596 36 

334 87 
3.187 72 

682 55 
4,535 05 

894 67 
2,482 20 
1,312 40 
1,878 43 
1,692 00 

759 65 
1,421 59 
2,928 85 

603 24 
1,276 00 
3,745 33 
2,486 92 
3,025 00 
2,442 19 


$ 47 33 




257 95 




87 02 




138 80 




31 10 




2 92 




54 25 




141 57 




581 94 




127 71 




26 79 




255 02 




54 60 




362 80 




71 57 




198 58 




104 99 




150 27 




135 36 




60 77 




113 73 




234 31 




48 26 




102 28 




299 63 




198 95 




242 00 




195 38 






Total 






$50,046 16 


$4,323 68 



APPENDIX. 

PEINCIPAL AND INTEREST SIXTEENTH SECTION FUND — Continued. 



77 



Counties. 


Township. 


Range. 


Principal. 


Interest 


Winston 


9 
10 
11 

12 


10 
9 
4 
5 
7 
9 

10 
9 

10 


$ 10 00 

4 56 

150 92 

43 00 

4 35 

. 1 40 

37 80 

132 73 

58 68 


$ 80 




36 




14 07 




3 44 




35 




11 




3 02 




10 62 




4 69 






Total 






|443 44 


$ 35 46 



A.PPEN'DIX: III. 



fo:r.ivcs^ 



These forms have been dra"Vvn out in order to assist those who may 
be disposed to undertake any office or duty under the school laws, to 
save them expense and trouble, and to bring about a uniformity of 
practice, as far as can be done. These forms are not prescribed by 
law, but are believed to conform substantially to the law, and to be 
safe precedents. 



1. Warrant or Certificate of Election of School Oncers. 

^ty, 
187 



State of Alabmia, County, ) 

37 f 



To of greeting : 

This certifies that you, the said , were at a [county or town- 
ship] election, held on the day of ..._., A. D. 18 ... , chosen 

to the office of of [the county or township] and are by 

virtue of said appointment fully authorized and empowered to dis- 
charge all the duties of said office, and to exercise all the powers 
thereto belonging, according to law. 

[l. s.] Witness my hand, and the seal of said [county] hereto affixed 
by me, this day of , A. I). 18 ... . 



2. " Certificate to a Teacher from a County Swperintendent, 

State of Alabama, County, ) 

18.. f 

The Board of Directors [or County Superintendent] of the county 

of hereby certify that A B, of is qualified to teach in 

the public schools of grade in said county, according to the 

provisions of the acts relating to public schools. This certificate is 



80 APPENDIX. 

to be valid within said town for .... year from the date hereof, 
unless previously annulled by the Board of Directors [or County Su- 
perintendent] or some superior authority. . 
In behalf of the Board of Directors of said county, 

« 

Date. County Sup't. 



3. Memorandum of a Contract with a Teacher. 

State of Alabama, County, ) 

18.. f 

This agreement, made this day of ...... A. D. 18 .... , be- 
tween A B, &c., [Trustees or County Superintendent, as the case may 

be I of . . . on the one part, and X Y, of on the other part, 

witnesses, that the said X Y hereby agrees to teach, for the compen- 
sation herein mentioned, a township school in and for said township, 

at [specify the building, if desired,] for the term of . .... 

months, [or weeks] commencing and ending ; and the 

said X Y further engages to exert the utmost of his ability in con- 
ducting said school, and improving the education and morals of the 
scholars ; to keep such registers and make such returns to the Trus- 
tees, and to the County Superintendent, as may be required of him, 
and in all respects to conform to all such regulations for the govern- 
ment of said school as may be made by the County Superintendent 
of said county, and to the provisions of the laws regulating public 
schools. And in case the certificate of qualification of said X Y 
should be annulled, or if he shall not keep the register and make 
return, as aforesaid, or ishould violate such regulations as aforesaid, 
this agreement from thenceforth shall be of no effect. And the said 
[Trustees or County Superintendent] agree to pay the said X Y there- 
for at the rate of per month, [or per week] to be paid at the 

end of each month [or termj out of the school money by law appor- 
tioned to said township, and the legal assessments which may be 
made, and in no event out of the private property of the contractor. 
And it is further agreed, that the possession of the school-house and 
its appurtenances shall at all times be considered as being in the 
Trustees. 

[l. s.] Witness our hands and seals hereto, the day first 

above mentioned. 



Sealed and executed in presence of 



APPENDIX. 81 

4. Annulment qf Contract with Teacher, 

State of Alabama, \ 

.,,. County, ,18...j 

To the Trustees of Towasliips in the County of ....... and all others 

it may concern : 

Whereas, a certificate of qualification as a Teacher, was, on the 

, . day of 18 , issued to A B : Now, know 

ye, that upon farther examination and investigation, the said A . . , , 

B ^ . has been found deficient and unqualified, and I do therefore, 

by the authority given me by law, declare the said certificate to 
be annulled and void from this date. 

This ,,,.,. day of . . , . . . A. D, 18 . , , , 

County Superintendent. 



5. Form of Note giv^i by Purchaser of School Land. 

,, 18 



State of Alabama, County, \ 



year after date, we or either of us, promise to pay to the 

State of Alabama, for the use of Township , Range , in 

County, the sum of dollars, with interest from date at 

the rate of eight per cent, per annum, for the purchase of Lot No. ., 
of Section Sixteen of said Township. Witness our hands and seals. 

A — B — [seal.] 
C— B— [seal.] 
E— F— [seal.] 
Approved ...... day of 18 , . , . 



Trustees. 



6. Form of Certificate of Purchase of School Lands. 

State of Alabama, County, 

,187. 



.1 



The undersigned, Trustees of Township , Range , 

in County, hereby certify that on the day of 

A. D. 18 .... , they proceeded to sell at public outcry, (all the prelim- 
inary requisites of the law in reference to such sale having been com- 



82 APPENDIX. 

plied witb,) Lot ISo , being the (southwest fourth of the north- 
east fourth of ) the Sixteenth Section of said Township, containing 
acres, when A. B. being the highest bidder, became the pur- 
chaser of said tract, at the rate ol dollars p^r acre, for 

which he gave his four several notes, each for dollars with 

eight per cent, interest from date, and dated the ...... day of 

...... A. D. 18... 



Trustees 



A transfer of the conditional estate conveyed by the Trustees' cer- 
tificate of purchase may be made by a simple assignment, endorsed 
OD the back of the certificate itself. The pateut will then issue, upon 
full payment of the purchase money, to the assignee of the original 
purchaser or to the person to whom an assignment was last made. 
It may be thus expressed : 

For value received, I assign all my right and title to the within 

described lands to C. D., this . . day of . ,18 

Witness my hand and seal. 

A. B. [seal.] 
In presence of 

C D 

K F 



7. Form of a Lease. 

State of Alabama, Cotmty^ 

These articles of agreement made this day of . , , a. I>, 

18. . , witness that A. B. of doth hereby demise and let unto 

the School District No. ol towhship (describe the room or 

building,) with the appurtenances, in consideration of the rents and 
Covenants by said school district herein mentioned to be performed, 
to have and hold the same to the said school district and their as- 
signs, for the space of year, commencing on the . . day of 

, a. D, 18. ., and ending on the ...... day of , a.d. 18. .^ 

for the purpose of keeping a district school therein, and holding such 
schools or lectures, or other literary meetings, or meetings of busi- 
ness, as the officers of said township may deem advisable for pro- 
moting the cause of education. And the said township agrees to pay 
therefor the sum of ...... per annum as rent, and at that rate for 

any less time than a year, the payment to be made to the said Ai B.^ 
his heirs or assigns, at his residence, on the last day of the year, [or 
on the last day of each year in the term,] without any notice or de- 



APPENDIX. 83 

mand therefor, [provisions aboab repairs, loss by fire, &c., may bo 
here inserted.] Witness the hand and seal of the said A. B., and the 
hands and seals of the Trustees of said township, hereto affixed by 

. , . , , by said township duly authorized, the day and year first 

above mentioned. 

Sealed and executed in presence of 

[L. S.] 

[L. a] 



8. Deed to a School District. 

Know all men, that I, A. B., of ....... in the State of Alabamaj 

in consideration of the sum of , paid me by , in the 

couoty of ...... and State aforesaid, the receipt of which I aeknow^l- 

edge and am therewith f ally satisfied and paid, i if a gift, say, in con- 
sideration of my desire to aid and assist in diffusing the benefits of 
a good common school education among the inhabitants of ...... 

township, &c., as the grantor pleases,] do hereby give, grant, enfeoff, 
convey and confirm unto s-aid Township Trustees and their assigns, 
a certain lot of land situated in said county of ...... [describe] or 

however otherwise bounded, with all the appurtenances and privileges 
thereto belonging, to have and to hold the same forever to said town- 
ship, [and their assigns, but if there is a desire to prevent the lot ever 
being used for any other purpose, omit assigns, and say, for the pur- 
pose of maintaining thereon a district school-house and its appur- 
tenances, for the benefit of the district school No. .... of said town- 
ship, and for no other use or purpose whatever.] And I, the said 
A. B., do hereby, for myself, my heirs, executors and administrators, 
covenant and engage to and with said school district [and their as- 
signs] that the premises are free of all encumbrances, that I have 
good right to sell and convey as aforesaid, and that I, my heirs, ex- 
ecutors and administrators shall and will forever warrant, secure and 
defend the premises to said school district [and their assigns, or to 
and for the purpose aforesaid,] against the lawful claims of all per- 
sons whatsoever. And I, E. F., wife of the said A. B., for the consid- 
eration paid my said husband, hereby release unto said school dis- 
trict [and their assigns] all my right of dower in the premises, [If 
the premises are under mortgage, a release may be here inserted.] 

And I, G. H. of , , in consideration of the sum of ...... paid to 

me by , to my full satisfaction, do hereby give, grant, bargain, 

sell, assign and convey unto said school district [and their assigns] all 
the right, title and interest which I have in the premises, by virtue ot 
any mortgage deed thereof, [or of any other claim or title whatso- 
ever.] In Witness whereof we have hereunto set our hands and seals 
this day of , a. D. 18 . . , 

Signed, sealed and delivered in presence of [L. s.] 

|L. s.] 

[L. S.] 

[Append proper acknowledgment,] 



APPENDIX. 



9. Form of Teacher's Eegisfer. 









r^ 



^ 



f^ 



10. Teacher's Monthly Report. (Triplicate.) 
.,.. , School, 



Eeport of M for month eommenciDg,. ........ 

187. ., and ending 187. 



Distri'^.t No 


. 






... 




















. . County, Alabama. 






a 

u 

a 


6 


Grades, 


Branclies Tawght. 


Pupils living 
in other dis- 
' tricts. 


Monthly pay of the 
Teacher 






Rate per day 

Number of days 
taught 

Amount due 

Number of "visits of 
Superintendent of 
Education 

Number of visits of 
Trustees 




S 


1 

o 


a 

a 


o 
o 

o 


ft 
o 

■3 
o 


oi 


■r-l 


6 

a 

•r-i 


o 
C5 


g 

a 

o3 


s 


C3 

5 


ft 

'S . 

^^ 
^ ft 

a 


_«j 173 

o3 CO 

|g 
^ 5-1 

a::: 



Males, . . 


No. 


No. 




Females. 


Name and address 
of Teacher 




Total.. 













I certify that the above Keport is correct, and that I have complied with the laws, 
rules and regulations of the Board of Education. 

Approved, Teacher. 

Trustee. 

Keeeived, this day of 187 , of 

., Superintendent of Education, 

County, Alabama, , dollars, for services rendered 

as Teacher in the Free Public Schools in District No , as per above report. 



. Teacher. 



APPENDIX. 
11. Trustees^ MordJily Financial Report. (Triplicate.) 



85 



Schools, 

Eeport ofM Trustee for month ending 

187.... 

District No County, Alabama. 



Number of 
voucher. 



Articles purchased and 
expenses incurred. 



From whom purchased and 
to whom money is paid. 



Cost. 



Aggregate amount expended . 



Received this day of 187 

of Superintendent 

County, Alabama „ dollars, 

for expenses as per above voucher. 



Trustee. 



12. Superintendents' Monthly Financial Report. {Duplicate.) 

Schools. 

Report of M Superintendent, for month ending 

187.... 

District No County, Alabama. 



Number of Articles purchased and From whom purchased and 

voucher. expenses incurred. to whom money is paid. 



Cost. 



Aggregate amount expended . 



Eeceived this day of 187 

from the fund, through the hands of the Superintendent of 

.. County, Alabama 

dollars for expenses as per above vouchers. 



Superintendent of Education. 



^ppE]srr>ix IV. 



The following Act appears from the journal of the board of edu- 
cation to have been adopted by a vote of five in favor, and four 
against it. The Constitution, Art. XI, § 7, declares that " No rule or 
law affecting the general interest of education shall be made by the 
board without the concurrence of a majority of its members." The 
members of the Board are : one superintendent, twelve members 
from congressional districts, and ex-officio the governor, who has no 
vote. It requires, therefore, seven members to constitute a majority. 

The act, also, was passed when the person occupying the chair had 
no legal right to preside. 

After the passage of this act the election of county superintendents 
was, by another act, referred to the people. Inasmuch as some 
doubt has been expressed as to the legal authority of this act, it is 
embraced in this code as an appendix, and not incorporated in the 
body of the work : 

AN ACT 

To provide for the appointment, removal, or suspension of county 
superintendents of education. 

Sec. 1. Beit enacted by the Board of Education of the State of Alabama, That all 
county superintendents of education shall be appointed by the board of education, 
and said county superintendents shall be removed or suspended only by a vote of the 
majority of the board of education, unless guilty of malfeasance in office, when the 
superintendent of public instruction may remove or suspend them. 

Sec, 2. Be it farther enacted, That any vacancy occurring in the office of county 
superintendents of education, after the adjournment of the board o/ education, shall be 
filled ad interim by the superintendent of public instruction. 

Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with this 
act, be and the same are hereby repealed. 

N. B. CLOUD, M. D., 

President of the Board. 

I hereby certify that the above act was passed by the board of education of the State 
of Alabama, on the 22d day of November, 1670. 

HENRY M. BUSH, 

, Secretary of Board. 

Approved, November 24th, 1870. 

W, H. SMITH, 

Governor. 



INDEX TO CODE. 



APPOETIONMENT OP THE SCHOOL FUND— Pacje, 

Made upon official enumeration 39 

Apportionment of local school fund 19 

•.^^-Apportionment as to race , 19 

Misdemeanor in school officers ....,.,.....,....,..,. 19 

Eeversion of unexpended sums 19 

Manner of apportionment 19 

Sixteenteenth section fund apportionment (Appendix, ) 

AUTHOEITY OP LAWS OF GENERAL ASSEMBLY— 

Repeal of certain laws of 20 

' Re-enactment of the residue. 20 

BOARD OP EDUCATION-™ 

The president of the board 3 

Term of office of members 3 

Mode of election 4 

Powers of board 4 

.Duties of the board 4 

Concurrence of a majority ■. _ 4 

A corporate body— board of regents of the State University 4 

Time of meeting, and length of session 4 

Certain funds appropriated to educational purpose,? 5 

Also one-fifth of the aggregate annual revenue .... 5 

A poll tax may be levied. 5 

Specific tax on certain corporations and agencies 5 

The agricultural college fund 5 

Meaning of first section of article I — relative to the board 6 

Legislative powers of the board . . 6 

Unlimited powers over public schools. , 7 

Repealing power of the general assembly , 7 

The present system covers all the State 8 

Authority of resolutions of the board 8 

Period of the session of the board 9 

Authority of printed acts of the board 10 

The general acts of the board are public acts 10 

LOCAL SCHOOL FUND— 

Coiinty tax maj^ be levied 39 

Depositary of such taxes 39 

Other special taxes 39 

Half of special tax must go to teachers 39 

Gifts, grants, or bequests 39 

MOBILE, LOCAL SCHOOL LAW FOR— 

General law as to Mobile schools.. 43 

Board of commissioners 43 

Manner of election 43 

Powers of the board 44 

Salary of the superintendent 44 

Session of the board 44 

Control of special fund ..,.., 44 

Night schools , 44 



88 INDEX. 

MONTGOMERY, LOCAL SCHOOL LAW FOE— paqb, 

Corporate limits — a district i^ 

City board of education, 45 

Pro-rata share of school fund 45 

Duties and powers of city board 45 

Duties of city superintendent 45 

REVENUE OP PUBLIC SCHOOLS— page. 

The poll tax - 10 

Surplus revenue fund 11 

Valueless sixteenth section fund 11 

Sixteenth section fund 11 

Special county tax - 11 

Fines for trespass on school lands „ 11 

Private donations, swamp lands, escheats, and military fines l\ 

One-fifth of annual revenue Vi 

One hundred thousand dollars 12 

Taxes from certain corporations 12 

Revenue for 1871 (Appendix.) 

SELMA, LOCAL SCHOOL LAW FOR— page. 

Corporate limits ; a school district 46 

Pro rata share of school fund 46 

City board of trustees ■.. — . 46 

Temporary provision for city board • 46 

City superintendent of education 47 

SCHOOL LANDS, SALE OF— page. 

Election to sell lands 13 

Inspectors of election 13 

Absence of inspectors 13 

Opening and closing of polls ]3 

Manner of voting 13 

Survey after election 14 

Plat of survey 14 

Notice of sale 14 

Public auction and terms of sale 14 

These provisions only directory .-. 14 

Report of sale to Secretary of State 14 

Ee-sale on default 14 

Certificate of purchase 15 

Effect of certificate and reversion 15 

Recovery of reverted lands ] 5 

Notes deposited with probate judge 15 

Probate judge must deposit with State superintendent 15 

Fines under § § 1 5 and 16 go to school fund 16 

When patent for lands is issued i6 

Issuance of patent by Secretary of State 16 

Mistake in patent 16 

On certificate of State superintendent 16 

Suits brought by trustees 16 

Matured notes, how collected 16 

Attorney-General may appoint agents 16 

Collections on notes to be credited to township 17 

Note. — Suspension of sales 17 

SCHOOL LANDS, LEASE OF— page. 

Timber lots reserved , 17 

Balance leased, terms, &c 17 

Notes payable to township 17 

Leased by auction ; notice 17 

Duties of lessee ]8 

Timber lots ; how used 18 

Penalty for taking timber or trespassing ., 18 

■ Fines, how disposed of. „ .^ 18 



INDEX. 89 

SUPERINTENDENT OF PUBLIC INSTRUCTION— page. 

His general duties 21 

Must visit the counties 21- 

Annual report to board 21 

Must prepare blants and circulars 22 

Collect valuable books on education 22 

Apportion the school fund 23 

Notification of apportionment. 23 

Authority over county officers , 23 

Office at the capitol 23 

Employment of clerk 23 

Account with each county 24 

Account with each township 24 

Commissioner and treasurer for deaf and dumb institute 24 

Duties as treasurer 24 

Annual report to governor : 24 

Bond and oath of office 25 

Vacancy ; how filled 25 

SUPERINTENDENT OF EDUCATION AND DIRECTORS, COUNTY— 

Time of election and term office 26 

Qualified electors and their ballot 26 

Duties of the board of directors 26 

Failure of directors to meet 27 

Period of session and pay 27 

Vacancy of director 27 

Pay of county superintendent 27 

Establishment of schools 27 

Quarterlj;- report 28 

Annual report 28 

Visiting schools 28 

Drawing school moneys 28 

Teachers to be paid quarterly 29 

Bond and additional security 29 

Vacancy in office -. 29 

Member of board of education ineligible 29 

May act for local officers 29 

Report condition of funds and lands 30 

Payments to be made directly 30 

Must make satisfactory settlements 30 

Salary ; how drawn 30 

Payment of express charges 30 

No sectarian teaching 30 

Organize teachers' conventions.... 30 

Beneficiaries of the university. 31 

Charge of local funds 31 

Must keep an account book 31 

Power to remove and suspend ...(Appendix.) 

TOWNSHIP TRUSTEES AND SCHOOL DISTRICTS— 

Election and duties of trustees 31 

Enumeration of children 32 

Removal and appointment of trustees 32 

May contract with patrons 33 

Regulations of such contracts 33 

Limitation as to number 33 

Each township, a school district 33 

Oath of office 33 

Appointment of clerk 33 

Duty to visit schools 33 

To give bond in certain cases 33 

Power to establish schools 34 

Power to remove teachers 34 

Schools in sparsely settled townships 34 

Failure to establish such schools 34 

Sessions of trustees 34 



INDEX. 

TOWNSHIP TRUSTEES AND SCHOOL DISTRIOTS-(Continued.) p,«. 

Make arrangement for schools. ^^^^• 

Procuring sites for schools 35 

Transfer of children * * ". 35 

Funds tor transferred scholar's' .'.*.".*.* 35 

Each city and town a separate district ^5 

Fractions of townships 36 

Natural obstructions in townsh'iia' 36 

Sparsely settled fractional districts 36 

Trustees for fractional districts. . 36 

Enumeration in such districts 36 

Apportionment in such districts 36 

Control of line townships .".'.'.".".".'." 36 

• 36 

TEACHEKS AND SCHOOLS— 

Trustees locate schools 

Educational age and trans'fer "of chiidj^en ^'^ 

Public examination and certificate 37 

--^o mixture of white and colored children 37 

^o discrimination as to certificates ^^ 

Grade of school according to certificate ^^ 

Jiixamination of teachers in writing ' 38 

Eeport of teachers • 38 

No pay until report made'. 38 

Duties of trustees. . . . 39 

Grades of public schools' 39 

Beginning and close of scholastic 'year ^1 

The school day "^ 41 

The school month.... '.'.".' 42 

The school quarter .". ...42 

The school year " ■ 42 

Opening of schools prior'to 'January * 42 

When schools may open " 42 

Adoption of text books..!]] ' 42 

Books to be well bound. . 42 

Depository and j^rice of books 42 

42 



I D ^fl.. 'nc