Y ae aaa a Additions and Amendments Crtutabe-9. 2) dere Ae (Go at aed se TO THE ochool Laws of Ohio Seventy-first and Seventy-second General Assemblies 1594—1806. COLUMBUS, O THE WESTBOTE CO., STATE PRINTERS 1896. [Senate Bill No. 88.] AN ACT To amend section 3961 of the Revised Statutes of Ohio, as amended March 15, 1892, (89 O. L. 95). SEcTION I. Le zt enacted by the General Assembly of the State of Ohio, That section 3961 of the Revised Statutes as amended March 15, 1892 (89 O. L. 95), be amended so as to read as follows: Sec. 3961. Fora joint subdistrict the estimate required by section 3958 shall be made by the board of education having control of the school thereof, and apportioned to the several townships having territory therein in proportion to the enumeration of youth in the territory belonging to each. The board shall certify such estimate, so apportioned, to the county auditor, who shall add the portion for each town- ship to the estimate for a contingent fund certified to him by its board of education, and place it on the tax list there- with for collection as part of the township estimate; when the county auditor apportions the school funds he shall transfer to the township having control of the school, from the other townships, tlfe amount so assessed and collécted, and certify to the clerk and treasurer of each township the amount due the board in control of said school, including state tax, interest on the common school fund, contingent fund, and money received from other sourccs, which amount shall be paid to the treasurer of the board having control of the school; and such board shall cause to be kept such accounts as will show the funds received from each town- ship, and the disposition thereof, and transmit to the other board or boards interested, at the end of the school year, a statement of such receipts and expenditures. When it has been brought to the attention of the county auditor that any township having territory in a joint subdistrict has not, by reason of errors, mistakes, omissions or otherwise, con- tributed its pro rata share of the expenses of establishing said district, building, repairing or furnishing school-house, and other necessary building or buildings, and maintaining the school or schools in the said joint subdistrict, the audi- tor of the county shall, after giving ten days’ notice to the clerks of the boards of education of the townships having territory in the said joint subdistrict, proceed to correct any and all mistakes, errors or omissions which have, or may hereafter occur by reason of any error, mistake or omission of the township clerk or clerks, or county auditor, respect- School funds. Contingent fund for joint} subdistrict. Correction of errors, Repeals, ete. School-houses : When and how question of tax levy submitted o yoters. 4 ing the certification of the apportionment or distribution of the funds between the several townships having terri- tory in the said joint subdistrict, the same as making distri- bution of the school funds for the current year, and in cor- recting any error, mistake or omission, the county auditor shall, annually thereafter, levy upon the tax duplicate of the township or townships so found indebted to other town-. ships having territory in the said joint subdistrict, such an additional rate per cent of levy from year to year as will be sufficient to liquidate one third of such indebtedness so as- certained by the county auditor, each year, until the amount so found due by said county auditor has been fully liqui- dated. : SECTION 2. That said section 3961 of the Revised Statutes as amended March 15, 1892, be and the same is hereby repealed and this act shall take effect onits passage. LEONIDAS H. SOUTHARD, | Speaker pro tem. of the House of Representatives. T. H. McCONICA, President pro tem. of the Senate. Passed February 8, 1804. [Senate Bill No. 73.] AN ACT To amend section 3991 of the Revised Statutes. SECTION I. Bet enacted by the General Assembly of the State’ of Ohio, That section 3991 of the Revised Statutes be amended so as to read as follows: Sec. 3991. When the board of education of any dis- trict, except a city district of the first class, determines that it is necessary for the proper accommodation of the schools of such district to purchase a site or sites and erect a school- house or school houses thereon, or to do either, or when it shall become known toa board of education that the money provided for the purchase of a site or sites and the erection of a school-house or school-houses 1s not sufficient therefor, and such board ascertains that the purchase of such site or sites, and the erection and furnishing of such school-house or school-houses, or either, or the completion of a partially built or unfurnished school-house or school houses for which a sufficient sum of money has not been provided, x will require a greater tax upon the.property of such district : than the board is authorized by this title to levy, and that to provide means there or it will be necessary to issue 5 bonds, it shall make an estimate of the probable amount of money required for such purposes, or either of them, and at a general election, or a special election called for that pur- pose, shall submit to the electors of the district the ques- tion of levying taxes for such purposes or either of them, and the further questions whether the levy shall be made from year to year thereafter, and what amount shall be levied each year until the actual cost of such site or sites, * the erection of such school-house or school houses, or com- pletion or furnishing or refurnishing of same, or either of them, is raised; and ten days’ notice of such submission shall be given by the board by posters put up in five of the most public places in the district, which shall state the time, place and object of the election. SEcTION 2. That said original section 399! is hereby repealed and this act shall take effect upon its passage. ALEX. BOXWELL, Speaker of the House of Representatives. ANDREW L. HARRIS, President of the Senate. Repeals, etc. Passed February 27, 1894. [House Bill No. 66 ] AN ACT To amend section 1 of an act entitled “ An act to authorize the use of school-houses for literary entertainments, school exhibitions, sing- ing schools and religious exercises,’ as amended March 24, 1892 (O. L., vol. 89, p. 147, S. and B. 3987—1). Section 1. Be tt enacted by the General Assembly of. school-houses the State of Ohio, That section 1 of an act entitled ‘‘An act to authorize the use of school-houses for literary entertain- ments, school exhibitions, singing schools and religious exercises,” as amended March 24, 1892 (O. L., vol. 89, p. 147, S. and B. 3987—1), be amended so as to read as follows: Sec. 3987—1. That when, in the judgment of any Regulating u board of education, it will be for the advantage of the chil- ice dren residing in any school district to hold literary societies, school exhibitions, singing schools, religious exercises, select or normal schools, the board of education shall authorize the opening of such school houses for the pur- _ poses aforesaid. And the board of education of any school district shall have discretionary power to authorize the opening of such school houses for any other lawful pur- poses; provided, however, that nothing herein contained shall be construed to authorize any board of education to / Repeals, City districts, econd class and village dis- tricts. Membership of board of edu- cation. Repeals, 6 rent or lease any school-house when such rental or lease shall in any wise interfere with the public schools in such district, or for any purpose other than such as is authorized by this act. SECTION 2. That section 1 of an act entitled “An act to authorize the use of school-houses for literary entertain- ments, school exhibitions, singing schools and religious ex- ercises,” as amended March 24, 1892, be and the same is hereby repealed. (O. L., vol. 89, p. 147, S.and B. 3987—1.) SEcTION 3. This act shall take effect and be in force from and after its passage. ALEX. BOXWELL, Speaker of the House of Representatives. ANDREW L. HARRIS, President of the Senate. Passed February 27, 1894. [Senate Bill No. 238.] AN ACT To amend section 3904 of the Revised Statutes. Section 1. Se it enacted by the General Assembly of the State of Ohio, That section 3904 of the Revised Statutes of Ohio be so amended as to read as follows: Sec. 3904. In city districts of the second class, and in Village districts, the board of education shall consist of six members, except in districts organized under a law pro- viding for only three members, who shall have the qualifica- tions of an elector therein, and in such districts the mem- bership may be increased to six, in the manner hereinafter provided ; but the board of a city district of the second class may provide, by a vote of a majority of its members, that the board shall consist of as many members as the city has wards ; provided, that in no such city district, the number of members composing such board shall be less than six. Section 2. That said original section 3904 is hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. ALEX. BOXWELL, Speaker of the House of Representatives. T. H. McCONICA, President pro tem. of the Senate. Passed March 22,. 1894. 7 [House Bill No. 429.] AN ACT To amend section 3950 of the Revised Statutes of Ohio. Section 1. Be zt enacted by the General Assembly of the State of Ohio, That section 3950 of the Revised Statutes be amended so as to read as follows : Sec. 3950. No joint subdistrict, which is now organ- ized or may hereafter be organized, shall be dissolved, changed or altered, unless by the concurrent action of the boards of education of the several townships having terri- tory included therein; provided, however, that when any board of education, in a joint subdistrict desires to dissolve, change or alter the same, the board of education desiring such dissolution, change or alteration, shall notify, in writ- ing, the boards of education interested of the time when they will meet to consider the proposed dissolution, change or alteration. The place of meeting shall be the school- house in such joint subdistrict; but if there be none, then at some convenient place in the vicinity of such joint sub- district. If the joint board fails to meet, or having met cannot agree upon a dissolution, change or alteration, as the case may be, then the board of education desiring such dissolution, change or alteration may appeal to the probate court of the proper county, and the same proceedings shall be had as in case of appeals in the formation of joint sub- districts, so far as applicable, as provided in sections 3935 to 3941, inclusive; and any joint subdistricts established by proceedings in the probate court may be dissolved, changed or altered, as provided in this section, at any time after the expiration of five years, or the court may dissolve the same at any time, upon being petitioned to d> so by two thirds of the voters residing in the district which is affected by the change, when the best interests ot the schoo! demand such dissolution, change or alteration. And provided fur- ther, that the provisions of this section shail in no wise interfere with the establishment of any special district under the provisions of sections three thousand nine hundred and twenty-eight to three thousand nine hundred and forty-nine, inclusive, as amended March fifteen, one thousand eight hundred and ninety-two. SECTION 2. That said section 3950 and all acts amend- atory thereto be and the same are hereby repealed. SecTION 3. This act shall take effect and be in force from and after its passage. ALEX. BOXWELL, Speaker of the House of Representatives. ANDREW L. HARRIS, Passed April 4, 1894. President of the Senate. Joint subdis# tricts. , Dissolution or alteration, Establishment of special dis- tricts. Repeals. Women en- titled to vote and be voted for at certain school elec- tions, Separate bal- lot boxes. Registration. Repeals, Board of edu- cation: Election in Village dis- tricts. 8 [Senate Bill No. 296.] AN ACT To secure a voice in school affairs to the women of Ohio on equal terms with men. Section 1. Be at enacted by the General Assembly of the State of Ohio, That every woman born or naturalized in the United States, of the age of twenty-one years and upward, who shall have been a resident of the state one year, and of the county, town, township or other election district such time as the law provides for men, preceding any election held for the purpose of choosing any school director, mem- ber ot the board of education or school council under the general or special laws of the state, shall be entitled to vote and be voted for at such election for any such officer or officers. SECTION 2. A separate box shall be provided for the ballots of those voting for any such office mentioned in section one of this act. SECTION 3. All laws relating to the registration of voters shall apply to women upon whom the right to vote is herein conferred, provided, that the names of such women may be placed upon a separate list. Section: 4. That all acts or parts of acts in so far as they are inconsistent herewith are hereby repealed. SecTION 5. This act shall take effect and be in force from and atter its passage. ALEX. BOXWELL, Speaker of the House of Representatives. ANDREW L. HARRIS, President of the Senate. Passed April 24, 1894. [Senate Bill No. 163.] SECTION 5a. That section thirty-nine hundred and eight (3908) ot the Revised Statutes of Ohio be so amended as to read as follows: Sec. 3908. In village districts members of the board of education shall be elected on the first Monday of April, annually, to serve for the term of three years from the third Monday of April succeeding their election, and until the election and qualification of their successors; if the board consists of six members, two judicious and compe- tent persons shall be elected each year, and if it consists of three persons, one such person shall be elected each year; 9 provided, that when the village of which the village district is, in whole or in part, composed, is divided into wards or voting precincts, the election for members of the board of education shall be held in each of such wards or precincts; ‘but all the members shall be elected at large by the electors of the district, and voters residing in such wards or pre- cincts who are also residents of the school district, shall vote for member of the board of education in the ward or precinct in which they reside. The election for members of the board of education in such wards or precincts shall be held by the same judges and clerks provided for the municipal or township election, and returns of such election, duly certified as in other cases, shall be made within five days to the clerk of the board of education of any such district ALEX. BOXWELL, Speaker of the House of Representatives. ANDREW L. HARRIS, President of the Senate. Passed April 5, 1894. {House Bill No. 30.] AN ACT To amend section 4026 of the Revised Statutes of Ohio, as amended April 26, 1890, (vol. 87, O. L. pp. 316-317.) SECTION I. Be tt enacted by the General Assembly of the State of Olio, That section 4026 of the Revised Statutes as amended April 25th, 1890, be so amended as to read as follows: Sec. 4026. That each board of education may furnish the necessary school books free of charge to enable the parent or guardian without expense therefor, to comply with the requirements of this chapter, the same to be paid for out of the contingent fund at the disposal of the board, and such levy each year, in addition, if necessary, to that otherwise authorized by law, is hereby authorized as shall be necessary to furnish such school books free of charge to all the pupils attending the public schools; but such pupils as are already wholly, or in part, suppiied with necessary school books, shall be supplied free of charge only as other or new books are needed, and all school books furnished as herein provided, shall be considered and be the property of the district and loaned to the pupils on such terms and con- ditions as each such board may prescribe. SECTION 2. That said section 4026 be and the same is hereby repealed. IO SEcTION 3. This act shall take effect one month after its passage. ALEX. BOXWELL, Speaker of the House of Representatives. T. H. McCONICA, President pro tem. of the Senate. Passed May 16, 1894. [Senate Bill No. 328.] AN ACT To supplement section 3961 of the Revised Statutes of Ohio. SECTION I. Be zt enacted by the General Assembly of the State of Ohio, That section 3961 of the Revised Statutes of Ohio be supplemented as follows: Sec. 3961@. In case the board of education having control of the school in any joint sub-district shall fail or neglect to perform any of its duties as provided in section thirty-nine hundred and sixty-one; or if said board shall use or expend any part of the funds belonging to a joint subdistrict for any other purpose than for the use of the schools of such joint subdistrict; ur shall fail or neglect at all times to keep the funds belonging to such joint sub- district in the treasury, the board of education of any town- ship having territory in such joint subdistrict may maintain an action in its own name, in any court having jurisdiction, against the board of education having control of the school, to compel such board to pertorm its duty, or to restore to the treasury any funds which may have been unlawfully appropriated or taken therefrom; and such board in addi- tion to costs, shall be liable for all necessary expenses incurred in the prosecution of such action in the event of judgment being rendered against it All actions under this section shall be commenced within six years from the time the right of action accrued; but such right of action shall not be deemed to have accrued, until the discovery thereof. SECTION 2. This act shall take effect and be in force from and after its passage. ALEX BOXWELL, Speaker of the House of Ri presentatives. ANDREW L. HARRIS, President of the Senate. Passed May 16, 1894. II {House Bill No. 851.] AN ACT To amend section 3893 of the Revised Statutes of Ohio, as amended March 8, 1892, as amended March 23, 1893 [3 gaining SECTION I. Se zt enacted by the General Assembly of the State of Ohio, That section 3893 of the Revised Statutes of Ohio, as amended March 8, 1892, as amended March 23, 1893, be amended so as to read as follows: Sec. 3893. A part or the whole of any district may be transferred to an adjoining district, by the mutual con- sent of the boards of education having control of such dis- tricts; but no transfer shall take effect until a statement, or map, showing the boundaries of the territory transferred, is upon the records of such boards; nor, except when the transfer is for the purpose of forming a joint subdistrict, until a copy of such statement or map, certified by the clerks of the boards making the transfer, is filed with auditor of the county in which the territory so transferred _is situated; and any person living in the territory so trans- ferred may appeal to the county commissioners, as provided in section thirty-nine hundred and sixt.-seven, and the commissioners, at their first regular meeting thereafter, shall approve or vacate such transfer; provided, however, that when a village or a portion of a village, township, or special school district has been attached to and become a part of an adjoining city or village by annexation, the por tion of such village, township, or special school district thus annexed to such city or village shall be deemed to be thereby transferred from such village school district, town- ship, or special school district into such city or village school district, and the amount of the existing school indebtedness of such village school district, township school district, or special school district, shall be ascertained and apportioned by the county commissioners in the same manner as pro- vided in section sixteen hundred and fifteen; and the county auditor, in the proper apportionment of the school tax for the respective school districts, shall be governed by an accurate map of the territory so annexed as aforesaid; and the boards of education of the respective school dis- tricts shall immediately after the passage of this act, cause to be entered upon the records of their respective boards a complete and correct description of the territory so an- nexed. SECTION 2. That section 3893 of the Revised Stat- utes of Ohio, as amended March 23, 1893, be and the same I2 is hereby repealed, and this act shall take effect and be in force from and after its passage. ALEX. BOXWELL, Speaker of the House of Representatives. ANDREW L. HARRIS, President of the Senate. Passed May 18, 1804. {House Bill No. 17.] AN ACT To amend section 4086 Revised Statutes of Ohio, Teachers’ in- Section 1. Se zt enacted by the General Assembly of ead the State of Ohio, That section 4086 be amended so as to read as follows: gi ine a Sec. 4086. A teachers’ institute may be organized in teachers’ insti: any county, by the association of not less than thirty prac- tute. : “Le ; tical teachers of common schools residing therein, who shall declare their intention in writing, to attend such institute, the purpose of which shall be the improvement of such Blection. term, te@chers in their profession ; such institute shall elect annu- duties and ally by ballot a president, secretary, both of whom shall be Goara, ex-officio members of the executive board, and one member of an executive committee who shall serve for a term of three years; provided that at the first annual election under the provisions of this act, there shall be elected three mem- bers of an executive committee; the one receiving the highest number of votes to serve three years; the one receiving the next highest number of votes to serve two years; and the one receiving the next highest number of votes to serve one year. It shall be the duty of this execu- tive committee to manage the affairs of the institute ; which committee shall enter into a bond, payable to the state of Ohio, with sufficient surety, to be approved by the county auditor in double the amount of the institute fund in the county treasury, for the benefit of the institute fund of the county, and conditioned that the committee shall account faithfully for the money which will come into its possession, and make the report to the commissioner of common schools, required by section four thousand and eight, and such election of officers shall be held during the session of such institute and at a time fixed by the executive com- mittee thereof, of which election at least three days’ notice shall be given the members of such institute by posting con- spicuously in a room, where such institute is held, a notice of the time and place of holding such election, and of the officers to be voted for at such election. gi . 13 SEcTION 2. The said original section 4086, Revised Repeals. Statutes of Ohio, be and thé same is hereby repealed. Sec1ion 3. This act shall take effect and be in force from and after its passage. DAVID-Ls oLEEPER, Speaker of the House of Representatives. ASAHEL W. JONES, President of the Senate. Passed February 6, 1896. [House Bill No. 244.] AN ACT To amend section 4074 of the Revised Statutes of Ohio. Section 1. Be tt enacted by the General Assembly of gonoo) exami- the State of Ohio, That section 4074 of the Revised Statutes ners: of Ohio be so amended as to read as !ollows: Sec. 4074. No person shall be employed as teacher Certificate a in a common school who has not obtained from a board of eset lente examiners, having competent jurisdiction, a certificate of ©! teacher. good moral character, and that he or she is qualified to teach orthography, reading, writing, arithmetic, geography, English grammar, the history of the United States, including . civil government, and possesses an adequate knowledge of the theory and practice of teaching, and, if required to teach other branches, that he or she has requisite qualifications; but persons who desire or are expected to teach only special Specialstudies studies, such as music, drawing, painting, penmanship, gym. Sahtment. os nastics, German or French, or any one of them, or the primary department in any graded school, may be exam- ined in regard to such study or studies above mentioned, or with special reference to their qualifications to teach in such primary department only, and having obtained a certi- ficate of qualification therein, and of good moral character, may be employed to teach such study or studies, or in such Physiology primary department; provided, that after January 1, 1880, a seg no person shall be employed as a teacher in any common school, who has not obtained from such board of examiners a certificate that he or she is qualified to teach physiology and hygiene. Section 2. This act shall take effect and be in force from and after July 1, 1806. DAR Dt SS DEEPER. Speaker of the House of Represeniatives. ASAH EL W.»TONES; Pristdent of the Senate. Passed February 20, 1896. 14 [House Bill No. 175.] AN ACT To supplement section 3951 of the Revised Statutes of Ohio as amended March 20, 1801. School funds: Section 1. Be zt enacted by the General Assembly of the State of Ohio. That section 3951 of the Revised Statutes of Ohio, as amended March 20, 1891, be supplemented as follows: : i aoe Sec. 395 1a. For the purpose of affording adequate sity fund. support to the Ohio university and to the Miami university, there shall be levied annually a tax on the grand list of the taxable property of the state of Ohio, which shall be col- lected in the same manner as other state taxes and the pro- ceeds of which shall constitute the “Ohio and Miami uni- versity fund.’’ The rate of such levy shall be designated by the general assembly at least once in two years, and if the general assembly shall fail to designate the rate for any year, the same shall be for the said ‘“‘the Okio and Miami eer university fund” three one-hundredth (.03) of one mill upon pupils, each dollar of valuation of such taxable property. Said Ohio a university and Miami university shall admit free of tuition all 3 residents of this state who shall conform to the standards of admissions. Pp eoution. of Sec. 39510. The said ‘‘Ohio and Miami university fund” shall be distributed and paid annually, seven-twellths (7-12) thereof to the treasurer of the Ohio university upon the order of the president of the board of. trustees of said Ohio university, and five tweltths (5-12) thereof to the treas- ee urer of the Miami university upon the order of the president | of the board of trustees of the said Miami university. SECTION 2. This act shall take effect and be in force from and after its passage. DAVID -L=SbEE PEK: Speakir of the House of Representatives. JNO. C. HUTSINPILLER, a President pro tem. of the Senate. : Passed February 26, 1896. % erence y [House Bill No. 372.] AN ACT . To amend section 4044 of the Revised Statutes. Tyeasarerot SECTION I. Be zt enacted by the General Assembly of school funds: 4 State of Ohio, That section 4044 of the Revised Statute f be so amended as to read as follows: ‘ 15 ‘Sec. 4044. The treasurer shall, annually, within the first ten days of September, settle with the county auditor for the preceding school year, and for that purpose shall make a certified statement showing the amount of money received, from whom, and on what account, and the amount paid out, and for what purpose; he shall produce vouchers for all payments made; if the auditor, on examination, find the statement and vouchers to be correct, he shall give the treasurer a certificate of the fact, which shall prima facie, be a discharge of the treasurer for the money paid; and for making such settlement he sha!l be entitled to receive the sum of one dollar, and also five cents per mile for traveling to and from the county seat, to be paid out of the county treasury, on the order of the county auditor. When the treasurer’s term begins on the first day of September the annual settlement shall be made by the outgoing treasurer. SECTION 2. That section 4044 be and the same is hereby repealed and this act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. DINO. CHU TSINPILEER, President pro tem. of the Senate. Passed March 5, 1896. [Senate Bill No. 21.] AN ACT To amend section 3951 of the Revised Statutes of Ohio as amended March 20, 1891. Section 1. Be it enacted by the General Assembly of the State of Ohio, That section 3951 of the Revised Statutes of Ohio be amended soas to read as follows: ‘Sec. 3951. For the purpose of affording the ad- vantages of a free education to all the youth of the state, there shall be levied annually a tax on the grand list of taxable property of the state, which shall be collected in the same manner as other state taxes, and the proceeds of which shall constitute ‘the state common school fund:” and for the purpose of higher, agricultural and industrial education, including manual training, there shall be levied and collected in the same manner, a tax on the grand list of taxable prop- erty of the state, which shall constitute “the Ohio state uni- versity fund.” The rate of such levy in each case shall be designated by the general assembly at least once in two years; and if the general assembly shall fail to designate the Annual gettle- ment by treas- urer with county audi- tor. Repeals, ete. School funds: “The state common school fund ”’ and “ the Ohio state university fund.’ Repeals, ete. County exami- ners, Granting,valid- ity, renewabil- ity and revoca- tion of certifi- cates. 16 rate for any year, the same shall be for the ‘“ state common school fund,” one mill; and for the ‘‘ Ohio state university fund” one tenth of one mill, upon each dollar of valuation of such taxable property. SECTION 2. Said section 3951 of the Revised Statutes of Ohio, as amended March 20, 18g1, is hereby repealed, and this act shall take effect from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. ASAHEL W. JONES, President of the Senate. Passed March 9g, 1896. [House Bill No. 430.] AN ACT To provide for a professional certificate for teachers of common schools. Section I. be tt enacted by the General Assembly of the State of Ohio, That section 4073 of the Revised Statutes of Ohio be amended to read as follows: Sec. 4073. ‘The board may grant certificates for one, two and three years from the day of examination, which shall be valid in the county wherein they are issued, except in city and village districts that have boards of examiners, in which they shall not be valid; and the examiners may grant certificates for five years to such applicants as in addi- tion to the necessary qualifications have been for three years next preceding their application engaged in teaching, twelve months of which experience shall have been in one place; and such certificates for five years shall be renewable upon the same condition, but without examination, at the discre- tion of the examining board ; and the examiners may grant certificates for eight years from the date of examination, to such applicants as, in addition to the necessary qualifica- tions, hold or have held a certificate for five years, and have been for three years next preceding their application engaged in teaching, eighteen months of which experience shall have been in one place; and the applicants for such certificates for eight years, in addition to the other qualifications, shall be required to passa satisfactory examination in botany, algebra, natural philosophy and English literature ; and such certificate for eight years shall be renewable upon the same conditions, but without examination, at the discretion vc‘ the examining board; and if at any time the recipient of a certificate be found intemperate, immoral, incompetent, or + Ses L/ negligent, the examiners, or any two of them, may revoke . the certificate; but such revocation shall not prevent a Investigation teacher from receiving pay for services previously rendered; and when any recipient of a certificate is charged with in- temperance, or other immorality, the examining board shall have power to send for witnesses and examine them on oath or affirmation touching the matter under investigation. The fees and other expenses of such trial shall be certified to the county auditor by the clerk and president of the examining board, and be paid out of the county treasury upon the order of the auditor. ‘ SEcTION 2, Said original section 4073 (85, O. L., 331) ae is hereby repealed, and this act shall take effect and be in force from and after its passage. DAVID: L. SLEEPER, Speaker of the House of Representatives. JNO. C.. HUTSINPILLER, President pro tem. of the Senate. Passed April 6, 1896. ‘Expenses. [House Bill No. 157.] AN ACT To amend supplementary section 4022a of the Revised Statutes of Ohio, as amended March 8, 1894. e Section 1. Se zt enacted by the General Assembly of schools: the State of Ohto, That supplementary section 4022a ot the Revised Statutes of Ohio, as amended March 8, 1894, be amended as to read as follows: Sec. 4022a. The board of education of any township ca eeubietiete district, [subdistrict,] joint subdistrict, special or village dis- nearest school. trict, within the state of Ohio, shall permit children of school age who reside further than one and one half miles from the school where they have a legal residence under the school laws of Ohio, to attend the nearest subdistrict or joint sub- district school; or the grades below the high school in spe- cial and v''lage district schools; and where such children are under twe.ve years of age, boards of education of city dis- tricts of the first class shall permit them to attend schools under their control and the per capita current expense of running the school in the district where such children attend, penchP'*©* for the term so attending, shall, upon the demand of the board of education of such district, be paid by the board of education of the district where such children have a legal residence. The per capita cost of running the school in the subdistrict and joint subdistricts shall be the quotient 2 SCH. L. Guyahoga and Franklin coun- ties. Consent of board not re- quired, etc. Repeals School dis- tricts: Cincinnati board of educa- tion: how con- stitu ed; quali- fication, elec- tion, term, au- 18 produced by dividing the total current expense of running such school by the total number of children of school age -in such district; the per capita cost of running the school in special and village districts shall be the quotient arising from dividing the total current expense of the departments below the high school, including so much of the superin- tendent’s salary as may be paid for the supervision of such departments, by the total enrollment in these departments; provided that in counties containing a city of the second grade of the first class and the first grade of the second class, any board of education of any township district located therein may, when in its opinion the same will be for the best interests of the pupils therein, temporarily suspend school in any subdistrict, and provide for the conveyance of said pupils to the school in the adjoining subdistrict most con- venient for them respectively. Provided that nothing in this act shall be so construed as to require any pupil to pro- cure the consent of the board of education either in the dis- trict in which said pupil is entitled to attend under the pro- visions of this act, but the attendance as herein provided for shall be as a matter of right. SECTION 2. That section 4022a, as amended March 8, 1894, is hereby repealed. SEcTION 3. This act shall take effect and be in force from and after September 1, 1896 CHARLES H. BOSLER; Speaker pro tem. of the House of Representatives. ASAHEL W. JONES a5 / resident of the Senaie. Passed Apri! 8, 1896. [Senate Bill No. 199.] ANVACT To amend section 3897 of the Revised Statutes and supplementary thereto, SECTION t. Be wt enacted by the General Assembly of the State of Ohio, That section 3897 of the Revised Statutes of the state of Ohio, as amended May 17, 1894 (91 v. 289), be amended and supplemented as follows: Sec. 3897. In city districts of the first grade of the first class the board of education shall consist of one mem- ber from each ward, and each member of the board shall thority, ete, ot be an elector of the ward, or of the township, or part of members and cle: ks. the township, which for school purposes has been or may ~ 19 be attached to such ward for which he is elected or ap- pointed; provided, that in city districts of the first grade of the first class, beginning with the election of city officers to be held in April, 1897, one member shall be elected from each ward, or from territory attached to each ward for school purposes, who shall serve for the term of three (3) years; and provided further, that all members, clerks and ‘assistant clerks of such- boards heretofore elected, shall con- tinue to be members, clerks and assistant clerks thereof until their successors are elected and qualified as herein provided ; and thereafter as the term of members elected by said ward, or ward with territory attached for school purposes, as above provided, shall expire, successors shall be elected for the term of three years; and provided fur- ther, that the clerks and assistant clerks of any such boards shall be elected for the term of three (3) years. If any per- son elected a member of said board shall, during his term as said member, move out of the ward for which he was elected, then his term shall cease and determine, and said board shall elect a person to fill the vacancy ; the members elected under this act shall hold office until their successors are elected and qualified ; provided, that the board of educa- tion established by this act shall be in all respects the suc- cessors of the respective board whose place they take; but the members of such board of education shall not, as individuals or as local committees, exercise supervisory authority over the schools in the several wards or districts or have the selection or nomination of teachers; and pro- vided further, that when a new or additional ward shail be created in such city district, the board of education shall proceed to elect a person who isan elector of such addi- tional ward, or of territory thereto attached for school purposes, as a member of the board from such ward, to serve until the next election for members of the board of education, at which election the qualified electors of such new wards, and the territory annexed for schoo] purposes. shall elect one judicious and competent person, having the qualifications of an elector of such ward or territory thereto attached for school purposes, to serve as a member of the board of education. Sec. 3897a. The superintendent of the public schools of said city district of the first grade of the first class shall appoint all the teachers of said schools by and with the con- sent of the board of education, which appointments shal! be for a period of one year, when made the second time shall be for a period of two years and when made the third time shall be for a period of four years; all teachers who shall have served seven successive years in the public schools of said city district, whether before or after, or partly before or after the passage of this act, shall whey appointed by said superintendent, and confirmed by said Appointment, termes and re- moval of teach- +18; investiga- tion of ehargea, 20 board, hold their positions until removed by death, resig- nation or for cause, subject, however, to the provisions and requirements of sections 4074 and 4081 of the Revised Statutes and all other sections and provisions of the Re- vised Statutes relating to board of examiners and their powers and duties; provided, however, that any teacher of said schools may at any time be removed by said super- intendent or by said board of education for cause, but any teacher who is removed by the superintendent may, upon a written appeal to said board of education have such cause: or causes of removal investigated by the board of educa- tion of said city district, or by a committee appointed by said board of education for such purpose, of which com- mittee the superintendent of the public schools of said city district shall be a member, and a decision of said board of education or of said committee shall be final. Whenever in said city districts of the first grade of the first class the high schools of said city district shall or at any time here- after may be under the control and management of a union board of high schools or of any other separate board, the superintendent of the public schools of said city district Sail appoint all the teachers of said high schools, by and with the consent of the majority of the members of said union board of high schools, or other separate board of said district, which appointments shall be for a period not exceeding one year; provided, however, that all teachers of said hgh schools who shall have served five successive years in the public schools of said city district or in the high schools of said city district, whether before or after, or partly before or after, the passage of this act, or both, when appointed by said superintendent and confirmed by said union board or other separate board having the con- trol of said high schools, shall hold their positions until removed by death, resignation or for cause, subject, how- ever to the provisions and requirements of sections 4074 and 4081 of the Revised Statutes and all those sections and provisions of the Revised Statutes relating to boards of examiners and their powers and duties ; provided, however, that’ any teacher of said high schools may at any time be removed by said superintendent, subject to the approval of the majority of said union board of high schools, or other separate board, or by said union board or other separate board for cause upon written charges, which charges, when filed, shall be investigated by said union board of high schools, or other separate board of said city district, or by a committee of said board appointed for such purpose, of which committee the superintendent of the public schools of said city district shall be a member, and a decision of such union board, or other separate board having control of said high schools, or of said committee of suid board, shall be final; provided further, that when- 2k ever the power to appoint teachers in the public schools of such city district of the first grade of the first class is not given by the law of the state to the superintendent of the public schools or not given to him by the board of educa- tion of such city district in pursuance of law, then said union board of high schools, or other separate board, shall appoint such teachers in the high schools to serve as above provided, with power of removal as above provided. The provisions of this section relating to the appointment and terms of teachers shall not apply to the appointment or term of any superintendent or superintendents of schools of such city district. Sec. 38976. In order to create a fund to be known as the school teachers’ pension fund, one per cent (1%) of the salaries, paid to all teachers of said city district of the first grade of the first class, including the teachers of the high schools of said city district shall be deducted by the proper cfficers and paid into the city treasury to the credit ot said fund, to be used exclusively for pensions for teachers as hereinafter provided. All moneys received from donations, legacies, gifts, bequests or from any other source shall also be paid into said fund; but no taxes shall be levied or any other public moneys be appropriated for said fund, except as herein provided. Sec. 3897c. Said school teachers’ pension fund shall be under the charge, management and control of a board to be known as the board of trustees of the schoo! teachers’ pension fund, comnosed of seven members, two to be elected by the board of education of said city district, one to be elected by the union board of high schools, or other sepa- rate board having charge of the high schools in said city district, three to be elected by the teachers of the public schools, including the teachers of the high schools of said city district, and the superintendent of schools of said city district who ex officio shall be a member of said board. The board of education of said city district shall, at its first regular meeting after this act goes into effect, elect two of its members, one for one year, and one for two years and thereafter annually elect one of its members for two years, who shall serve as members of said board; the union board of high schools, or other separate board hav- ing charge of the high schools in said city district, shall, at its first regular meeting after this act goes into effect, and thereafter annually elect one of its members, who shall serve as a member of said board; the teachers of the public schools, including the teachers of the high schools, of said city district, shall within thirty days after this act goes into effect, at a meeting to be called by the superintendent of schools of said city district, elect three of their number, one for one year, one for two years, and one for three years, Non-applica- bility to super- intendent. School se I ers on feng Board of trust- ees of the school teach- ers’ pension fund ; consti- tution and powers; elec- tion and term of members. 22 and thereafter annually at a meeting to be called in the same manner, elect one of their number for three years, who shall serve as members of said board. The members of said board shall serve as such without compensation and shall serve until their successors are elected and qualified. Said board of trustees shall have power to invest said pen- sion fund in the name ot said board in bonds of the United States, or of the state of Ohio, or of any county in this state, or of any municipal corporation in this state, or of any school district of this state, and said board shall have power to make payments from said pension fund of pen- sions granted in pursuance of this act. Said board of trust- ees shall also have power from time to time to make and establish such rules and regulations for the administration of said pension fund as they shall deem best. Retirement Sec. 3897d. Said board of education of said city dis- teachers; trict and said union board or other separate board having acacher’ de’ the control and management of the high schools of said city district shall each of them have power by a majority vote of all the members composing said board to retire on account of physical or mental! disability any male or female teacher under such board who shall have taught fora period aggregating twenty (.0) years, whether before or after, or partly before or after the passage of this act; provided however that three-fifths of said period of service shall have [been] rendered by said beneficiary in the public schools or the high schools of said city district or in the public schools or high schools of the county in which said city district is located. The term ‘‘teacher” under this act shall in- clude all superintendents of instruction, principals, special teachers, and teachers employed by either of said boards. Any female teacher shall have the right to retire and be- come a beneficiary under this act who shall have taught for a period aggregating thirty (30) years, whether betore or after, or partly before or after the passage of this act, and any male teacher shall have the right to retire and be- come a beneficiary under this act who shall have taught for a period aggregating thirty-five (35) years, whether be- fore or after, or partly before or after the passage of this act; provided that three fifths of said term of service shall have been rendered in the public schools or the high schools of said city district, or in the public schools or high schools of the county in which said district is located. Each teacher so retired or retiring shall be entitled during the remainder of his or her natural life to receive as pension an amount equal to one halt of the annual salary paid to such teacher at the date of his or her retirement, said pension to be paid monthly during the school year, but in no event shall such pension paid to any teacher exceed the sum of six hundred (600) do.lars in any one year; provided further that if said _ Sw) pension fund shall at any time be insufficient to meet the pensions so provided for, that during the period that such fund is insufficient to make such payments, the amount in said fund during said period shall be prorated between the parties entitled thereto. No payment shall be made to any beneficiary, nor shall any teacher retired or retiring be en: titled to any payment under the provisions of this act prior to July 1, 1899. Sec. 3897e. Said board of trustees shall have the power to use both the principal and income of said fund for the payment of the pensions herein provided for. Sec. 3897f The clerk of the board of education of said city district and the clerk of the union board of high schools or other separate board having the control and management of the high schools of said city district, shall each of them certify monthly t» said board of trustees all amounts deducted from the salaries of the teachers as afore- said, which amounts as wellasall other moneys contributed to said fund shall be set apart as a special fund for the pur- poses herein specified, subject to the order of said board of trustees. All moneys belonging to said fund shall be paid only on the order of said board of trustees entered upon its minutes on warrants signed by the president and secretary of said board. Sec. 3897g. The city treasurer of said city of the first grade of the first class located wholly or partly in said city district shall be the custodian of said pension fund and shall keep the same subject to the order, control and direction of said board of trustees. He shall keep books of accounts concerning said fund in such manner as may be prescribed by said board, which books of accounts shall always be subject to the inspection of said board of trustees or of any member thereof. Said treasurer shall execute a bond to said board of trustees with good and sufficient sureties in such sum as said board of trustees shall require, which bond shall be subject to the approval of said board and be conditioned for the faithful performance of his duties as custodian of said board and treasurer of said board. He shall always keep and truly account for all moneys and profits coming into his hands as such treasurer belonging to such fund, and at the expiration of his term of office, shall pay over, surrender and deliver to his successor all securities, moneys and other property of whatsoever kind, nature and description which may be in his hands or under his control as treasurer aforesaid. Said treasurer shall be paid for his services under this act a compensation not to exceed one per cent annually of the amount paid into said fund during the year Power to use principal and income. Monthly cer- tifications of deductions from salaries; creation and disbursement of specia] fund. Duties, bond and compensa- tion of custo- Cian of fund. Termination of teacher’s inter- ast in fund. Repeals. Taking effect. County school examiners: Examinations of pee of su bdistricts and special dis- tricts; privilege and tuition of successful ap- mt. Township and sounty com- ' mencements ; declamation, essay, anaual address and diploma. 24 Sec. 38972. The death, resignation or removal of any teacher for cause as aforesaid shall terminate all interest of said teacher in said fund. SEcTION 2. Section 3897 of the Revised Statutes as amended May 17, 1894 (gI v. 289), be, and the same is hereby repealed. Section 3. This act shall take effect and be in force from and after the first day of September, A. D. 1897. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. ASAHEL W. JONES, President of the Senate. Passed April 14, 1896. [House Bill No. 518.i . AN ACT To amend sections t and 2 of an act entitled “An act to provide for graduation from the common schoois of subdistricts and special districts,” passed March 22, 1892, and amended March 13, 1894. Section 1. Le tt enacted by the General Assembly of the State of Ohto, That sections t and 2 of an act entitled’ ‘“‘An act to provide for graduation from common schools of subdistricts and special districts,” passed March 22, 1892, as amended March 13, 1894, be and the same are hereby amended to read as follows: Sec. 1. Each board of county school examiners shall hold examinations of pupils of the subdistricts and special districts in the subjects of orthography, reading, writing, arithmetic, geography, English grammar. United States history and physiology. Two such examinations shall be held at such place or places, and on such dates as the board of county examiners may determine, and shall be ef sucha character as shall permit the successful applicants upon the payment of tuition to enter any high school in the county in which the applicant resides, or in any adjoining county in which said applicant desires to attend such high school, and such applicant shall be examined in the county in which such high school is situated, and the tuition of such appli- cant may be paid by the board of education of the township in which such applicant resides. Sec. 2. The clerk of the township board of educa- tion shall! provide for holding a township commencement at some place within the township, and shall appoint a teacher of the township to have charge of the same. At this commencement each successful applicant shall be re- ; r ‘ 7am _-- 25 ~quired to deliver an oration or declamation, or read an essay. The board of county school examiners shall pro- vide for the holding of a county commencement at such time and place as they may determine. At this commence- ‘ment there shall be delivered an annual address provided by the county board of school examiners, at the conclusion of which a diploma shall be presented to each successfut ap- ‘plicant who has complied with the provisions of this act. SECTION 2. That said sections I and 2 of said act as amended March 13, 1894, be and the same are hereby repealed, and this act shall take effect and be in force from -and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Repr sentatives. ASAHEL W. JONES, President of the Senate. Passed April 18, 1896. [House Bill No. 147.] AN ACT To amend section 4043 of the Revised Statutes of Ohio. Section 1. be zt enacted by the General Assembly of -the State of Ohio, That section 4043 be amended to read as follows: Sec. 4043. Each school district treasurer or county ‘ 5 . ; u treasurer who is ex officio treasurer of a school district, shall, before entering upon the duties of his office, execute a bond, with sufficient sureties, in double the probable amount of school funds that may come into his hands, payable to the state of Ohio, to be approved by the board of education, conditioned for the faithful disbursement, ac- cording to law, of all such funds which come into his hands; and he may at any time thereatter be required to give ad- ditional sureties on his accepted bond or to execute a new bond with sufficient sureties to the approval of the board of education whenever the said board of education deem it necessary, and if said treasurer shall fail for ten days after service of notice in writing of such requisition, to give bond or additional sureties as aforesaid as required by said board, the office shall be considered and declared vacant and shall be filled as in other cases. Every bond, when so executed and approved, shall be filed with the clerk of the board of education of the district, and recorded, who shall cause a certified copy thereof or the names of addi- Repeals, etc. Treasurer of school funds: tional sureties or new bond. Production, counting aud record of mon- eys and securi- ties at time oi approval, Repeals, County school examiners President and clerk of board; duties and compensation of clerk. Rules and reg- ulations. tional sureties, to be filed with the county auditor without delay, and such board at the time of the approval of any bond or sureties, shall require the treasurer of the school funds to produce all money, bonds or other securities in his hands as such treasurer, and the same shall be then counted by the board or a committee thereof, in the pres- ence of the clerk of the board, who shall thereupon enter upon the records of the board, a certificate, setting forth the exact amount of money or securities so found in the hands of such treasurer, which record shall be signed by the president and clerk of the board and shall be prima facie evidence that the amount therein stated was actually in the treasury at that date. SECTION 2. Said original section 4043 is hereby re- pealed. SECTION 3. This act shall take effect and be in force from and after its passage. DAVID -L. SEEERER} Speaker of the House of Representatives. JNO... C. AAU TSINPIRE ER President pro tem. of the Senate. Passed April 21, 1896. [House Bill No. 36r1.] AN ACT To amend sections 4070, 4071, as amended April 12, 1892, and 4075 of the Revised Statutes of Ohio. SECTION 1. Be zt enacted by the General Assemoly of the State of Ow, That sections 4070, 4071, as amended April 12, 1892, and 4075 of the Revised Statutes of Ohio, be and the same are hereby amended to read as follows: Sec. 4070. The board shall organize by choosing from its members a president and clerk; the clerk shall keep a record ot the proceedings, showing the number and date of each certificate issued, and to whom, for what term, and for what branches of study, and such other statistics relating to the examination and proceedings as the com- missioner of common schools may require, and shall report such statistics to the commissioner annually on or before the first day of September; the clerk shall receive four dollars for each examination of sixty applicants or less, six dollars for each examination of more than sixty applicants| and less than one hundred, eight dollars for each examina- tion of one hundred applicants or more, to be paid out of the county treasury on the order of the county auditor; the board may make all needful rules and regulations for the proper discharge of their duty. - . is eee MT _—— . aie . -f “ Ss . 2 Pe ee eT ee ey Le ee ae eee fe nee oly] Tae Sec. 4071. Each board shall fix upon the place and times for holding meetings for the examination of appli- cants for certificates, notice of which shall be published in two weekly newspapers of different political parties printed in the county, if there are two papers thus published; if not, then a publication in one only is required; the meet- ings, of which there shall not be more than ten in any year, shall be held at such place in the county as will in the opinion of the board best accommodate the greatest num- ber of applicants; a majority of the board may examine applicants and grant certificates; and as a condition of ex- amining each applicant shall pay to the board a fee of fifty cents. Sec. 4075. Each member of the board shall be en- titled to receive ten dollars for each examination of sixty applicants or less, fourteen dollars for each examination of more than sixty applicants and less than one hundred, eighteen dollars for each examination of one hundred applicants or more, to be paid out of the county treasury on the order of the county auditor; all books, blanks and sta- tionery required by the board shall be furnished by the county auditor; the board may contract for the use of suit- able rooms in which to conduct examinations, procure fuel and light, and employ janitors to take charge of the rooms and keep them in order, and the expenses so incurred, together with the cost of advertising required by section 4071, shall be paid out of the county treasury on orders of the county auditor, who shall issue such orders upon the certificate of the president of the board, countersigned by the clerk. SECTION 2. That said sections 4070, 4071, as amended April 12, 1892, and 4075 be and the same are hereby re- pealed, and this act shall take effect and be in force from and after its passage. DAV Date, SLE, DER. Speaker of the House of Representatives. JNO, \C.. HO-TSINPILLER, President pro tem. af the Senate. Passed April 21, 1896. [Senate Bill No. 249.] AN ACT To provide for supplying the schools of Ohio with good and sufficient school books at the lowest possible prices. Section 1. Be at enacted by the General Assembly of the State of Olio, That any publisher or publishers of school Meetings for examinations; majority’s power; exam nation fee. Compensation of members}; stationery, rooms, etc.; payment of ex penses, Repeals, ete. Filing and pe servation 0. copies and prices of school books. Fixing of max- imum price and notifica- tion of pub- lisher, Agreement with publisher, and its effect. Notices to boards of edu- cation. Legality de- pendent upon com piiance. Procedure upon violation of agreement by publisher ; penalty ; re- covery and disposition. 28 books in the United States desiring to offer school books for use by pupils in the common schools of Ohio as herein- after provided, shall, before such books may be lawtully adopted and purchased by any school board in this state, file in the office of the state commissioner of common schools, a copy of each book proposed to be so offered, together with the published list wholesale price thereof, and no revised edition of any such book shall be used in the common schools until a copy of such revised edition shall have been filed in the office of the said. commissioner together with the published list wholesale price thereof The said commis- sioner shall carefully preserve in his office all such copies of books and the prices thereof so filed. SECTION 2. Whenever and so‘often as any book and the price thereof shall beso filed in the commissioner’s office as provided in section 1, a commission consisting of the governor, the secretary of state and the state commis- sioner of common schools [he] shall immediately fix-the maximum price at which such books may be sold to or pur- chased by boards of education as hereinafter provided, which maximum price so fixed on any book shall not exceed seventy five per cent of the published list wholesale price thereof, and the state commissioner of common schools shall immediately notify the publisher of such book so filed, of the maximum price so fixed. Ifthe publisher so notified, shall notify the commissioner in writing that he accepts the price so fixed, and shall agree in writing to furnish such book during a period of five years at the price so fixed, such written acceptance and agreement shall entitle said pub- lisher to offer said book so filed for sale to said board of edu- cation for use by the pupil under the terms of this act. SECTION 3. The said commissioner shall during the first half of the month of June, 1896, and during the first half of the month of June in each year thereafter, furnish to each board of education the names and addresses of all publishers who shall have during the year ending on the first day of said month of June in each year, agreed in writ- ing to furnish their publications upon the terms provided in this act. And it shall not be lawful for any board of education to adopt or cause to be used in the common schools any book whose publisher shall not have complied, as to said book, with the provisions of this act. Section 4. If any publisher who shall have agreed in writing to furnish booksas provided in this act, shall fail or refuse to furnish such books adopted as herein provided to any board of education or its authorized agent upon the terms as herein provided, it shall be the duty of said board at once to notify the said commission of such failure or re- fusal, and the commission shall at once cause an investiga- tion of such charge to be made, and if the same is found to ¥ 29 be true the commission shall at once notify said publisher and each board of education in the state that said book shall not hereafter be adopted and purchased by boards of educa- tion; and said publisher shall forfeit and pay to the state of Ohio five hundred dollars for each failure, to be recovered in the name of the state, in an action to be brought by the attorney general, inthe court of common pleas of Franklin county, or in any other proper court or in any other place where service can be made, and the amount, when collected, shall be paid into the state treasury to the credit of the com- mon school fund of the state. SEcTION 5. Each board of education on receiving the statements, above mentioned, from said commissioner, shall on the third Monday in August thereafter meet, and 1 at such meeting, or at any adjourned meeting within two we&s after said Monday, determine by a majority vote ofall members elected the studies to be pursued and which of said text-books so filed shall be used in the schools under its control, but no text-books so adopted shall be changed, nor any part thereof altered or revised, nor shall any other text-book be substituted therefor for five years after the date of the selection and adoption thereof without the consent of three-fourths of all the members elected, given at a regular meeting; and eich board of education shall cause it to be as- certained, a: d it regular meetings in Apriland August shall determine which, and the number of each of said books the schools under its cnarge shall require, until the next regular meetings in April and August, and shall cause an order to be drawn for the amount in favor of the clerk of the board of education, payable out of the contingent fund; and said clerk shall at once order said books so agreed upon by the board, of the publisher, and.the puolisher, on the receipt of such order, shall ship such books to said clerk without delay, and the clerk shallforthwith examine such books. and, if found right and in accordance with said order, remit the amount to said publisher, and the board of education shall pay all charges for the transportation of such books, out of the school contingent fund; but if said boards of education can, at any time, secure of the publishers books at a price less than said maximum price, it shall be its duty so to do, and may without unnecessary delay, make effort to secure such lower price before adopting any particular text book. Each board of education shall have power to, and shall make all necessary provisions and arrangements to place the buoks so purchased within easy reach of and accessible to all the pupils in their district, and for that purpose may make such contracts, and take such security as they may deem neces- sary, for the custody, care and sale of such books and accounting for the proceeds; but not to exceed ten per cent of the cost price shall be paid, therefor, and said books Determination of studies and text- books; change, ete., of atter. Determination of books re- quired, and purchase, ship- meut, examin- ation, etc., of same; remit- tance to pub- lisher, charges for transporta- tion. Price less than Maximum. Sule to pupils. 30 shall be sold to the pupils of school age in the district, at the price paid the publisher, and not to exceed ten per cent therefor added, and the proceeds of such sale shall Embezzlement. be paid into the contingent fund of such district, and who- ever receives said books from the board of education for sale as aforesaid to the pupils, and fails to account honestly and fully for the same, or for the proceeds to the Rea Lt board of education when required, shall be guilty of em- local dealers. bezzlement and punished accordingly. Provided, how- ever, boards of education may contract with local retail dealers to furnish said books at prices above specified, the said board being still responsible to the publishers for all Purchase ium books purchased by the said board of education. And Fsie. © when pupils remove from any district, and have text-books _ of the kind adopted in such district, and not being of the kind adopted in the district to which they remove, and wish to dispose of the same, the board of the district from which they remove, when requested, shall purchase the same at the fair value thereof, and resell the same as Free books. = other books; and nothing in this act shall prevent the board of education from furnishing free books to pupils as provided Appropriation by law. That for the purpose of carrying into effect the tnirapes. foregoing provisions of this act, and paying the expenses penses. incident thereto, there be and is hereby appropriated out of any money in the state treasury, to the credit of the general revenue fund, not otherwise appropriated, the sum of five hundred dollars, to be disbursed and paid on the allowance and order of said commissioner. Taking effect. SECTION 6. This act shall take effect and be in force on and after May 5, 1806. CHARLES Fs BOShiak: Speaker pro tem. of the House of Representatives. ASAHEL W. JONES, President of the Senate. Passed April 22, 1896. [Senate Bill No. 300.] AN ACT To amend section 3959 of the Revised Statutes of Ohio as amended April 21, 1890 (87 O. L., 240), as amended March 24, 1892 (89 O. L.. 142), as amended April ro, 1896. SECTION 1. Be zt enacted by the General Assembly of the School funds: State of Ohio, That section 3959 of the Revised Statutes as amended April 21, 1890, as amended March 24, 1892, as - amended April 10, 1895. be amended to read as follows: 3S ‘ Sec. 3959. Such estimate and levy shall not exceed, in cities of the first grade of the first class, three and one- fourth mills, provided, however, that the boards of educa- tion in said cities may levy one mill additional for every five thousand pupils over and above twenty-five thousand ea- rolled in the public schools of said cities, which levy, how- ever, shall in no case exceed four and one-tenth mills; and in cities of the second grade of the first class such estimate and levy shall not exceed seven mills on the dollar of valua- tion of taxable property; provided, however, that boards of education in said cities of the second grade of the first class may levy, in addition to the seven mills aforesaid, a tax of not to exceed one mill on the dollar-of valuation of taxable property within said district-which said levy shall be used for the purchase of school-house sites and the erection of school-buildings thereon and for no other purpose whatever, and for the purpose of paying for such sites or for the con- struction of such buildings such boards of education may issue certificates of indeb edness in anticipation of such levy, payable at such times not exceeding one year from date of issue as they may designate, but bearing no interest before maturity. And in all other districts, except those hereinafter named, such estimate and levy shall not exceed seven tnills on each dollar of valuation of taxable property; provided, however, that in counties containing a city of the first grade of the first class, in districts outside such city in which a high school is maintained, and in all special and village districts of any county in the state, such estimate and levy shall not exceed eignt mills-on each dollar of val- uation of taxable property; but a greater tax than is author- ized above, except in city districts of the first class, may be levied for either of the purposes specified in section 3958 if the proposition to make such levy shall have been first submitted by the board of education to a vote of the electors of the schooi district, under a resolution prescribing the time place and manner of voting on the same, and approved by two-thirds of those voting on the proposition, notice of which election must be given by publication of the resolu- tion for three consecutive weeks prior thereto in some news- paper published and of general circulation in the district, or by posting copies thereof in five of the most conspicuous places in the district, for a like period it no such paper is published therein. SECTION 2. That said section 3959 of the Revised Statutes of Ohio, as amended April 10, 1896, be and the same is hereby repealed. SEcTION 3. This act shall take effect and be in force from and after its passage. DAVID L. SLEEPER, Speaker of the House of Representatives. Maximum of levy in Cincin. pati. Cleveland, All other dis- tricts, except— Certain Hamil- ton county and all special and village dis- tricts. When and for what purpose greater tax may be levied, Repeals, School dis- tricts. Board of edu- cation in city districts of the first class, ex- cept first and second grades. 32 ASAHEL W. JONES, President of the Senate. . Passed April 27, 1896. [House Bill No. 836.] AN ACT To amend section 3898 of the Revised Statutes of Ohio as amended” March 14, 1894 (91 vol., 69, 70, 71). SecTion 1. Be it enacted by the General Assembly of the State of Ohio, That section 3898 of the Revised Statutes. of Ohio as amended March 14, 1894 (91 vol., 69, 70, 71), be and the same is hereby amended to read as follows: Sec. 3898. In each city district of the first class, and not of the first or second grade, the board of education shall consist of two members from each ward, except in city districts organized under a law providing for one member only for each ward, in which districts the board may, at any time, by a vote of the majority of all its members, provide that thereafter each ward shall be represented by two mem- bers, and thereupon proceed to choose one additional mem- ber for each ward, to serve until the next annual election for city officers, and until the election and qualification of his- successor; and each member of the board shall be an elector of the ward for which he is elected or appointed; and at every annual election for city officers in a city which consti- tutes districts of the first class, wherein the board consists . of two members for each ward, there shall be elected in each ward, by the qualified electors thereof, one judicious and competent person to serve asa member of the board of education of the district for two years, from the third Mon- day of Aprii succeeding his election, and until the election and qualification of his successor; provided, that at the annual election for city officers, held after a city has been constituted a city district of the first class, with a board to consist of two members from each ward, there shall be elected in each ward of such city, by the qualified electors of such ward and of said district entitled to vote in such ward, two persons of the required qualifications to serve as mem- bers of the board of education of such districts, one for one year and the other for two years from the third Monday of April succeeding their election and until the election and qualification of their successors; and provided, that any elector residing in such district, but not in any ward of such city, shall, if the territory containing his residence has not been attached to any ward for school purposes as provided in section thirty-nine hundred be entitled to vote {0 member~ Pe 33 of the school board in the ward nearest his residence; and in such case a separate ballot-box and poli book shall be pro- vided and used, as required in section thirty-nine hundred and two, in each ward where any such elector may be en- titled to vote when the board of education in such city dis- trict of the first class consists of as many members as there are wards, there shall be elected at the annual election for city officers in the year eighteen hundred and eighty, and every two years thereafter, in each ward designated by an even number, and in the year eighteen hundred and eighty- one, and every two years thereafter in each ward designated by an odd number by the qualified electors thereof, one mem- ber of the board, who shall hold his office for two years, and until the election and qualification of hissuccessor. Provided, that in any such city which has been, or may be redistricted for election purposes, by whomsoever or howsoever such re- districting may be made, such redistricting shall not affect the term of the members of the board of education then in office, but each of said members shall serve the full term for which he was elected, and shall be the member, in said board, for the remainder of the term for which he was elected, of the ward in which he resides, after such re- districting is made, if such ward shall be a part or the whole of the ward in which he was elected ; at the annual election for city officers occurring next after such redistricting has been, or may be, had, a member shall be elected for each ward created by such redistricting in which a member does not hold over as above provided. The members chosen at such election from wards entitled to elect members for a term of two years shall serve for such period and until their successors, who shall also be elected for a similar term, are elected and qualified. The members chosen at such election from wards not entitled at such election to choose members for a term of two years, shall serve for one year, at the expiration of which term a successor shall be elected for each of said members to serve for a period of two years, and until his successor, who shall be elected for a term of two years, is elected and qualified. Any ward which, but for the holding over of a member, as above provided, would elect a member at the annual election for city officers oc- curring next after the redistricting of any such city, for a term of two years, shall, at the expiration of the term of such holding over member, elect a member for the term of one year, but the successor of any member so elected for one year, shall each be chosen for a term of two years and until his successor is elected and qualified. In city districts of the first class and not of the first or second grade, the boundaries of which are not identical or coterminous with the boundaries of the city, the population of which at the federal census of 1890 did not exceed 10,100, the board of 3 SCH. L. City redis- tricted for elec- tion purposes. Massillon. Repeals. Levying taxes: Power of cer- tain officers to issue bonds or borrow money to change but not increase indebtedness. Resolution as to such in- debtedness. 34 education shall consist of six members elected at large by the qualified electors of the district. Provided that at the next annual election, succeeding the passage of this act, two members shall be elected to serve two years and until the election and qualification of their successors, and at the second annual election succeeding the passage of this act two members shall be elected to serve two years and two members to serve three years and until the election and qualification of their successors. At all subsequent annual elections two members shall be elected to serve three years and until the election and qualification of their successors. SECTION 2. That section 3898 as amended March 14, 1894, be and the same is hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. DAVID L. SLEEPER, Speaker of the House of Representatives. ASAHEL W. JONES, President of the Senate. Passed April 27, 1896. [Senate Bill No. 85.] AN ACT To amend section 2834a of the Revised Statutes of Ohio and to repeal an act entitled “An act to supplement section 2834 of the Revised Statutes of Ohio,” passed February 3, 1896. SecTION I. Bezt enacted by the General Assembly of the State of Ohio, That section 2834a of the Revised Statutes of Ohio be amended so as to read as follows: Sec. 2834a. The trustees of any township, the board of education of any school district, except in cities of the first class, and the commissioners of any county, for the pur pose of extending the time of payment of any indebtedness which, from its limits of taxation, such township, school dis- trict or county is unable to pay at maturity, or when it ap- pears to said trustees, board of education or commissioners, for the best interest of said township, school district or county, shall have power to issue bonds of such township, nually or ‘semi-annually; provided, however,, that,.n9o, dns, debtedness of any township, school district, or county shall. Troyer ¢ at Woe G a ” 35 be funded, refunded or extended unless such indebtedness shall first be determined to be an existing, valid and bind- ing obligation, of any such township, school district or county by a formal resolution of the trustees, board of edu- cation or commissioners of any such township, school dis- trict or county, which resolution shall so state the amount of the existing indebtedness to be funded, refunded or ex- tended, the aggregate amount of bonds to be issued therefor, their number and denomination, the date of their maturity, the rate of interest they shall bear, aud the place of payment of principal and interest. SECTION 2. That an act entitled “An act to supple- ment section 2834 of the Revised Statutes of Ohio,” passed February 3, 1896, is hereby repealed, and this act shall take effect and be in force from and after its passage. DAVID: L: SLEEPER, Speaker of the House of Representatives. ASAHEL W. JONES. Prestdent of the Senate. Passed February 20, 1806. [Senate Bill No. 123.] AN ACT To provide for the holding of elections for municipal officers and mem- _ bers of board of education in incorporated villages having less than five hundred (500) voters, situated in two or more counties. SECTION I. Be zt enacted by the General Assembly of the State of Ohio, That in incorporated villages having less than five hundred (500) voters, situated in two or more counties, all municipal elections and elections of members of board of education shall be held under one set of judges and clerks; such judges and clerks to be appointed py the regular board of elections in the county having the majority population of said corporation, and that said judges and clerks shall be residents of said corporation upon either side of county line so dividing said corporation. SECTION 2. This act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. ASAHEL W. JONES, President of the Senate. Passed March 17, 1806. Repeals, eto, Judges and clerks in mt- nicipal and board of edu- cation elec- tions in cer- tain villages. Display of U.S. national flag during school sessions, Repeals, Sinking fund for extinyul-h- ment of bond- ed indebted- ness of city schoo! di tricts of the first class. Investment of money set aside for such fund. 36 [House Bill No. 112.] AN ACT To provide for the placing of the U. S. national flag upon all public school -houses. SecTION I. Be wt enacted by the General Assembly of the State of Ohio, That all boards of education be author- ized and required to display the U. S. national flag upon all school houses under their control, during all day school sessions in fair weather, and to be displayed on the inside of the school house on all other days and said boards of education shall make all rules and necessary regulations for the care and keeping of such flags the expense of the same to be paid out of the contingent funds of such boards. Section 2. All laws and parts of laws conflicting herewith are hereby repealed. SECTION 3. This act to take effect and be in force on and after the second Monday in May, A. D. 1896. DAY TD -L, SLEEPER. Speaker of the House of Representatives. ASAHEL W. JONES, \ President of the Senate. Passed March 25, 1896. [Senate Bill No. 376.] r AN ACT To create a sinking fund to pay bonded indebtedness in certain school districts, SECTION I. Be et enacted by the Gincrat Assembly of the State of Ohio, That for the purpose of creating a sinking fund for the gradual extinguishment of the bonded indebted- ness of city school districts of the first class, the board of education of such districts shall annually and not later than the first day of Januury, of each year set aside from its - revenue, until payment of the bonded indebtedness be fully provided for, a sum not less than one twentieth of the total bonded indebtedness, outstanding at said first day of January. The sum so set aside shall be deposited in the treasury andapplied by order of the board of education to extinguishment of the bonded indebtedness and to no other purpose. SECTION 2. The board of education shall invest all moneys set aside for sinking fund purposes in bonds of the af United States, state of Ohio, city of Cincinnati, city of To- ledo, city of Columbus, or in bonds of its own issue. SEcTION 3. All interest received from such invest- ments shall be deposited in the treasury to the credit of the sinking fund, and reinvested in like manner. At no time shall there be over one thousand dollars kept on deposit if investment can be made without jeopardizing the pesimpt redemption of bonds falling due. Section 4. All assets belonging to the sinking fund shall be deposited in the treasury, and when so deposited they shall be drawn only on the written order of the board of education, signed by its president and countersigned by its clerk. SECTION 5. This act shall take effect and be in force from and after September 1, 1896. DAVID L. SLEEPER, Speaker of the House of Representatives. JNO. CC. HHOTSINPILLER, President pro tem. of the Senate. Passed April 27, 1896. [Senate Bill No. 315.] AN ACT To further supplement section 2834 of the Revised Statutes of Ohio. Section 1. Be tt enacted by the General Assembly of the State of Ohio, That section 2834 of the Revised Statutes be supplemented so as to read as follows: Sec. 2834. The commissioners of any county, the trustees of any township and the board of education of any school d.strict, except in cities of the first class of first, second and third grade shall enter into no contract, agree- ment or obligation involving the expenditure of money, nor shall any resolution or order for the appropriation or expenditure of money be passed by any board of county commissioners, township trustees or board of education, except in cities of the first class, of first, second and third grade, unless the auditor or the clerk thereof shall first certify that the money required for the payment of such obligation or appropriation is in the treasury to the credit of the fund from which it is to be drawn, or has been levied and placed on the duplicate, and in process of collection, and not appropriated for any other purpose; which certifi- cate shall be filed and immediately recorded, and the sums Interest from investments; restriction on amount to be kept on de- posit. Deposit of assets; huw drawn. Taking effect. 38 so certified shall not thereafter be considered unappro- priated, until the county, township or board of education, except in cities of the first class, of first, second and third grade is fully discharged from the contract, agreement or obligation, or so long as the order or resolution is in force, and all contracts, agreements or obligations, and all orders or resolutions entered into or passed contrary to the provi- sions of this section shall be void. SECTION 2. This act shall take effect from and after its passage. DAVID: L. SLEBPER: Speaker of the House of Representatives. ASAHEL W. JONES, President of the Senate Passed April 27, 1896. BS To renew DATE DUE call 292-3900 B os | a cp | rt To i D OD wy The Ohio State University Form 10620 3 2435 01310 1 LB25290371896A “ADDITIONS AND AMENDMENTS TO THE SCHOOL L