ZSl2B THJ]) GENERAL SCHOOL LAWS OF THE State of North Dakota COMPRISING ALL THE LAWS IN FORCE Pertaining to Public Schools, State Educational Institnlions^ School Lands and Public Lands App7'op7'iated to the Use of the State Educational Institutions, zvith APPKNDICKS COMPILED AT THE OFFICE OF THE SUPERINTENDKNT OF PUBLIC INSTRUCTION DECEMBER, 1899 F'lLJBLISHED BY ATJTI-IORITY BISMARCK, N. D.: TfilBlTNE, STATE PRINTERS AND BINDERS, 1899 THE GENERAL SCHOOL LAWS OF THK tr O Iff State of North Dakota COMPRISING Ahh THE lyAWS IN FORCE " Pertaining to Public Schools, State Educational Institutions^ School Lands and Public Lands Appropriated to the Use of the State Educational Institutions, with APPBNDICKS COMPUTED AT THE OFFICE OP THE SUPERINTENDKNT OF PUBLIC INSTRQCTION DECEMBER, 1899 F'UBLISHEr) BY AUTHORITY BISMARCK, N. D.: TRIBUNE, STATE PRINTERS AND BINDERS, 1899 -csr^ THIS VOLUMK IS STATIC PROPKRTY And is for the use of the of School District No. County of ^., State of North Dakota. School officers on retiring from office are required by law to deliver this volume, with all other books and documents of an official character, to their successors in office. INTRODUCTORY. This compilation of the General School Laws is authorized by section 631 of the Revised Codes of 1899, and is designed to include all provisions relating to education at present in force which make the laws governing the complete school system of the state. It •embraces the laws pertaining to the public schools, the state educa- tional institutions, and the lands appropriated to the use of the public schools and the state educational institutions. The compilation contains all general laws in full as appear in the code. Special acts are referred to by title only. Special laws, designated by title only, laws pertaining to specu- lation in oflQce and to penalty for failure to make reports, the filing of bond of school district treasurer, bonds for labor and material for public buildings and the decisions of the supreme court of the territory of Dakota and of the state of North Dakota pertaining to school matters are to be found in the appendices. A calendar will also be found in the appendices which may be of assistance to school officers in the timely discharge of their duties. JOHN G. HALLAND, Superintendent of Public Instruction. Bismarck, N. D., December 1, 1899. CONSTITUTIONAL PROVISIONS. [Adopted October 1, 1889.] PREAMBLE. We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty, do ordain and establish this Constitution. ARTICLE IL THK I.EGISI.ATIVE DEPARTMENT. Sec. 69. The legislative assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: ****** 12. Providing for the management of common schools. ARTICLE III. EXECUTIVE DEPARTMENT. Sec. 82. There shall be chosen by the qualified electors of the state at the time and places of choosing members of the legislative assembly a * * * superintendent of public instruc- tion » * * ^jjQ shall have attained the age of twenty- five years, shall be a citizen of the United States, and shall have the qualifications of state electors. They shall severally hold their' offices at the seat of government for the term of two years and until their successors are elected and duly qualified, * Sec. 83. The powers and duties of the * * superin- tendent of public instruction, * * shall be as prescribed by law. Sec. 84. Until otherwise provided by law, the * * superintendent of public instruction * * shall each receive an annual salary of |2,000; * * but the salary of any of said officers shall not be increased or diminished during the period for which they shall have been elected, and all fees and profits arising from any of the said offices shall be covered into the state treasurv. 10 GENEHAL SCHOOL LAWS, ARTICLE V. eivEctive; franchise. Sec. 121. Every male person of the age of twenty-one years or upwards belonging to either of the following classes, who shall liave resided in the state one year, in the county six months and in the precinct ninety days next preceding any election, shall be deemed a qualified elector at such election. First — Citizens of the United States. Second — Persons of foreign birth who shall have declared their intention to become citizens one year and not more than six years prior to such election, conformaibly to the naturalization laws of the United States. Third — Civilized persons of Indian descent who shall have severed their tribal relation two years next preceding such election. Sec. 123. Electors shall in all cases except treason, felony, breach of the peace or illegal voting, be privileged from arrest on the days of election during their attendance at, going to and return- ing from such election, and no elector shall be obliged to perform military duty on the day of election except in time of war or public danger. Sec. 125. No elector shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or of this state, or in the military or naval service of the United States. Sec. 126. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in conse- quence of his being stationed therein. Sec. 127. No person who is under guardianship, non compos mentis or insane, shall be qualified to vote at any election, nor shall any person convicted of treason or felony, unless restored to civil rights. Sec. 128. Any woman having qualifications enumerated in sec- tion 121 of this article as to age, residence and citizenship, and in- •<3luding those now qualified by the laws of the territory, may vote for all school ofiflcers, and upon all questions pertaining solely to school matters, and be eligible to any school office. Sec. 129. All elections by the people shall be by secret ballot subject to s>uch regulations as shall be provided by law. ARTICLE VIII. EDUCATION. Sec. 147. A high degree of intelligence, patriotism, integrity and morality on the part of every voter in a government by the people I)eing necessary in order to insure the continuance of that govern- ment and the prosperity and happiness of the people, the legislative STATE OF NORTH DAKOTA. U assembly shall make provision for the establishment and mainte- nance of a system of public schools which shall he open to all child- ren of the state of >;orth Dakota and free from sectarian control. The legislative requirements shall be irrevocable without the con- sent of the United States and the people of North Dakota. Sec. 148. The legislative assembly shall provide at its first ses- sion after the adoption of this Constitution for a uniform system of free public schools throughout the state; b<\2;inning with the primary and extending through all grades up to and including the normal and collegiate course. Sec. 149. In all schools instruction shall be given as far as prac- ticajble in those branches of knowledge that tend to impress upon the mind the vital importance of truthfulness, temperance, purity, *public spirit, and respect for honest labor of every kind. Sec. 150. A superintendent of schools for each county shall be elected every two years, whose qualifications, duties, powers and compensation shall be fixed by law. Sec. 151. The legislative assembly shall take such other steps as may be necessary to prevent illiteracy, secure a reasonable degree of uniformity in course of study and to promote industrial, scien- tific and agricultural improvement. Sec. 152. All colleges, universities and other educational insti- tutions, for the support of which lands have been granted to this state, or which are supported by a public tax, shall remain under the absolute and exclusive control of the state. No money raised for the support of the public schools of the state shall be appro- priated to or used for the support of any sectarian school. ARTICLE IX. SCHOOL AND PUBLIC LANDS. Sec. 153. All proceeds of the public lands that have heretofore been or may hereafter be granted by the United States for the sup- port of the common schools in this state; all such per centum as may be granted by the United States on the sale of public lands; the proceeds of property that shall fall to the state by escheat; the proceeds of all gifts and donations to the state for common schools, or not otherwise appropriated by the terms of the gift, and all other property otherwise acquired for common schools, shall be and remiain a perpetual fund for the maintenance of the common schools of the state. It shall be deemed a trust fund, the principal of which shall forever remain inviolate, and may be increased but never diminished. The state shall make good all losses thereof. Sec. 154. The interest and income of this fund, together with the net proceeds of all fines for violation of state laws, and all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the common schools of the state, and shall be for this purpose apportioned among and between 12 GENERAL SCHOOL LAWS, all the several common school corporations of the state in propor- tion to the number of children in each of school age, as may be fixed by law, and no part of the fund shall ever be diverted even temporarily from this purpose, or used for any other purpose what- ever than the maintenance of common schools for the equal benefit of all the people of the state; provided, however, that if any portion of the interest or income aforesaid be not expended during any year, said portion shall be added to and become a part of the school fund. Sec. 155. After one year from the assembling^ of the first legis- lative assembly, the lands granted to the state from the United States for the support of the common schools, may be sold upon the following conditions, and no other: No more than one-fourth of all such lands shall be sold within the first five years after the same become saleable by virtue of this section. No more than one-half of the remainder within ten years after the same become saleable as aforesaid. The residue may be sold at any time after the expiration of said ten years. The legislative assembly shall provide for the sale cxf all school lands subject to the provisions of this article. The coal lands of the state shall never be sold, but the legislative assem)bly may by general laws provide for leasing of the same; the words "coal lands" shall include lands bearing lignite coal. Sec. 156. The superintendent of pulblic instruction, governor,, attorney general, secretary of state and state auditor shall con- stitute a board of commissioners, which shall be denominated the "Board of University and Scliool Lands," and subject to the pro- visions of this article and any law that may ibe passed by the legis- lative assembly, said board shall have control of the appraisement, sale, rental and disposal of all school and university lands, and shall direct the investment of the funds arising therefrom in the hands of the state treasurer, under the limitations in section 160 of this article. Sec. 157. The county superintendent of common schools, the chairman of the county board and the county auditor shall consti- tute boards of appraisal, and under the authority of the state board of university and school lands shall appraise all school lands within their respective counties, which they may from time to time recommend for sale at their actual value, under the prescribed terms, and shall first select and designate for sale the most valu- able lands. Sec. 158. No lands shall be sold for less than the appraised valfue, and in no case for less than ten dollars per acre. The purchaser shall pay one-fifth of the price in cash, and the remaining f oiur-fifths as follows : One-fifth in five years, one-fifth in ten years, one-fifth in fifteen years and one-fifth in twenty years, with interest at the rate of not less than six per centum, payable annually in advance. All sales shall be held at the county seat of the county STATE OF NORTH DAKOTA. 13 in which the land to be sold is situate, and shall be at public auc- tion, and to the highest bidder, after sixty days' advertisement of the same in a newspaper of general circulation in the vicinity of the lands to be sold, and one at tlie seat of government. Such lauds as shall not have been specially subdivided shall be offered in tracts of one-quarter section, and those so subdivided in the small- est subdivisions. All lands designated for sale and not sold within tw^o years after appraisal shall be reappraised before they are sold. No grant or patent for any such lands shall issue until pay- ment is made for the same; provided, that the lands contracted to be sold by the state shall be subject to taxation from the date of such contract. In case the taxes assessed against any of said lands for any year remain unpaid until the first Monday in October of the following year, then and thereupon the contract of sale for such lands shall become null and void. Bee. 159. All lands, money or other property, donated, granted or received from the United States or any other source for a univer- sity, school of mines, reform school, agricultural college, deaf and dumb asylum, normal school, or other educational or charitable institution or purpose, and the proceeds of all such lands and other property so received from any source, shall be and remain perpetual funds, the interest and income of which together with the rents of all such lands as may remain unsold, shall be inviolably appropri- ated and applied to the specific oibjects of the original grants or gifts. The principal of every such fund may be increased but shall never be diminished, and the interest and income only shall be used. Every such fund shall be deemed a trust fund held by the state, and the state shall make good all losses thereof. Sec. 160. All lands mentioned in the preceding section shall be appraised and sold in the same manner and under the same limi- tations and subject to all the conditions as to price and sale as pro- vided above for the appraisal and sale of lands for the benefit of common schools; but a distinct and separate account shall be kept by the proper officers of each of said funds ; provided, that the limi- tations as to the time in which school land may be sold shall apply only to lands granted for the support of common schools. Sec. IGl. The legislative assembly shall have authority to pro vide by law for the leasing of lands granted to the state for educa- tional and charitable purposes; but no such law shall authorize the leasing of said lands for a longer period than five years. Said lands shall only be leased for pasturage and meadow purposes, and at a public auction after notice as heretofore provided in case of sale; provided, that all of said school lands now under cultivation may be leased at the discretion and under the control of the board of university and school lands for other than pasturage and meadow purposes until sold. All rents shall be paid in advance. Sec. 162. The moneys of the permanent school fund and other educational funds shall be invested onlv in bonds of school cor- 14 GENERAL SCHOOL LAWS, popations within the state, bonds of the United States, bonds of the state of North Dakota, or in first mortgages on farm lands in the state not exceeding in amount one-third of the actual value of any subdivision on which the same may be loaned, such value to be- determined by the board of appraisers of school lands. Sec. 163. No law shall ever be passed by the legislative assem- bly granting to any person, corporation or association any privileges by reason of the occupation, cultivation or improvement of any public lands by said person, corporation or association subsequent to the survey thereof by the general government. No claim for the occupation, cultivation or improvement of any public lands .shall ever be recognized, nor shall such occupation, cultivation or improvement of any puhlic lands ever be used to diminish, either directly or indirectly, the purchase price of said lands. Sec. 164. The legislative assembly shall have authority to pro- vide hj law for the sale or disposal of all public lands that have been heretofore, or may hereafter be granted by the United States to the state for purposes othei* than set forth and named in sections 153 and 159 of this article. And the legislative assembly, in pro- viding for the appraisement, sale, rental and disposal of the same,, shall not be subject to the provisions and limitations of this article. Sec. 165. The legislative assembly shall pass suitable laws for the safe-keeping, transfer and disbursement of the state school funds, and shall require all officers charged with the same or the safe- keeping thereof to give ample bonds for all moneys and funds re- ceived by them, and if any of said officers shall convert to his own use in any manner or form, or shall loan, with or without interest or shall deposit in his own name, or otherwise than in the name of the state of North Dakota, or shall deposit in any banks or with any person or persons, or exchange for other funds or property any portion of the school funds aforesaid, or purposely allow any por- tion of the same to remain in his own hands uninvested except in the imanner prescribed by law, every such act shall constitute an embezzlement of so much of the aforesaid school funds as shall be thus taken or loaned, or deposited, or exchanged, or withheld, and shall be a felony; and any failure to pay over, produce or account for the state school funds or any part of the same entrusted to any such officer, as by law required or demanded, shall be held and be taken to be prima facie evidence of such embezzlement. ARTICLE XII. PUBLIC DEBT AND PUBLIC WORKS. Sec. 183. The debt of any county, township, town, school district or any other political subdivision, shall never exceed five per centum upon the assessed value of the taxable property therein; provided, that any incorporated city may by a two-thirds vote in- crease such indebtedness three per centum on such assessed value beyond said five per cent limit. In estimating the indebtedness STATE OF NORTH DAKOTA. 15. which a city, county, township, school district or any other political subdivision may incur, the entire amount of existing indebtedness, whether contracted prior or subsequent to the adoption of this con- stitution shall be included; * * All bonds or obligations in excess of the amount ot indebtedness permitted by this constitu- tion, given by any city, county, township, town, school district or other political snbdivision, shall be void. Sec. 184, Any city, county, township, town, school district, or any other political subdivision incurring indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax sufficient to pay the interest and also the principal thereof when due, and all laws or ordinances providing for the payment of the interest or principal of any debt shall be irrepealable until such debt be paid. Sec. 185. Neither the state nor any county, city, township, town, school district or any other political subdivision shall loan or give its credit or make donations to or in aid of any individual, assoeia- tion or corporation, except for necessary support of the poor, nor suJbscribe to or become the owner ol the capital stock of any asso- ciation or corporation, * * * * * * * Sec. 186. * * * ^Q bills, claims, accounts or de- mands against the state, or any county or other political subdi- vision, shall be audited, allowed or paid until a full itemized state- ment in writing shall be filed with the officer or officers whose duty it may be to audit the same. Sec. 187. * * * ]^Q bond or evidence of debt of any county, or bond of any township or other political subdivision, shall be valid unless the same have endorsed thereon a certificate signed by the county auditor, or other officer authorized by law to sign such certificate, stating that said bond, or evidence of debt, is issued pursuant to law and is within the debt limit. AKTICLE XIX. PUBLIC INSTITUTIONS. Sec. 215. The following public institutions of the state are per- manently located at the places hereinafter named, each to have the lands specifically granted to it by the United States in the act of congress approved February 22, 1889, to be disposed of and used in such manner as the legislative assembly may prescribe, subject tO' the limitations provided in the article on school and public lands contained in this Constitution: ***** Second — The state university and the school of mines at the city of Grand Forks, in the county of Grrand Forks. Third — The agricultural college at the city of Fargo, in the county of Cass. Fourth — A state normal school at the city of Valley City, in the connty of Barnes; and the legislative assembly in apportioning the 16 GENERAL SCHOOL LAWS, ^rant of 80,000 acres of land for normal schools made in the act of congress referred to, shall grant to the said normal school at Valley City aforementioned 50,000 acres, and said lands are hereby appro- priated to said institution for that purpose. Fifth — The deaf and dumb asylum at the city of Devils Lake in the county of Ramsey. ■* * * , * * * * Seventh — A state normal school at the city of Mayville in the county of Traill; and the legislative assembly in apportioning the grant of land made by congress in the act aforesaid for state nomal schools, shall assign 30,000 acres to the institution hereby located at Mayville, and said lands are hereby appropriated for said purpose. ******** Sec. 216. The follovring named public institutions are hereby permanently located as hereinafter provided, each to have so much of the remaining grant of 170,000 acres of land made by the United States for "other educational and charitable institutions," as is alloted by law, viz. : Second — A blind asylum, or such other institution as the legisla- tive assembly may determine, at such (place in the county of Pem- bina as the qualified electors of said county may determine at an election to be held as prescribed by the legislative assembly, with a grant of 30,000 acres. Third — An industrial school and school for manual training, or such other educational or charitable institution as the legislative assembly may provide, at the town of Ellendale, in the county of Dickey, with a grant of 40,000 acres. Fourth — A school of forestry, or such other institution as the legislative assemibly may determine, at such place in one of the counties of McHenry, Ward, Bottineau or Rolette as the electors of said counties may determine by an election for that purpose, to 'be held as provided by the legislative assembly. Fifth — A scientific school, or such other educational or char- itable institution as the legislative assembly may prescribe, at the city of Wahpeton, county of Richland, with a grant of 40,000 acres ; provided, that no other institution of a character similar to any one of those located by this article shall be established or main- tained withont a revision of this constitution. gi:nkral school laws OF THE State of North Dakota FROM THE REVISED CODES OF i8gg. CHAPTER 9. Article 1. — Superintendent of Public Instruction. § 622. Qualifications of. Term of ofB.ce. There sliall be elected by the qualified electors of the state at the time of choosing members of the legislative assembly a superintendent of public instruction, who shall have attained the age of twentj^-five years, and who shall have the qualifications of an elector for that office and the holder of a state certificate of the highest grade, issued in some state, or a graduate of some reputable university', college or normal school. He shall hold his office at the seat of govern- ment for the term of two years commencing on the first Monday in January following his election and until his successor is elected and qualified. § 623. To preserve miscellaneous documents. He shall preserve in his office all books, maps, charts, works on education, school reports and school laws of other states, and cities, plans for school buildings and other articles of educational interest and value which may come into his possession as such officer, and at the expiration of his term he shall deliver them together with the re- ports, statements, records and archives of his office to his successor. 18 GENERAL SCHOOL LAWS, § 624. Supervision of schools. He shall have the general supervision of the public schools of the state and shall be ex of- ficio member of the board of university and school lands and of the normal school boards of the state. § 625. Tofurnish. school supplies, blanks, etc., and to estab- lish circulating libraries. He shall prepare, cause to be printed and furnish to the proper officers or persons all district clerks' record books and warrant books, school treasurers' record books, school registers, reports, statememts, notices and returns needed ''or re- quired to be used in the schools or by the school officers of the state. He shall prepare and furnish to school officers, through the county superintendents, lists of publications approved by him as suitable for district libraries; such lists shall contain also the low- est price at which each publication can be purchased and such other information relative to the purchase of district libraries as he may deem requisite. He shall also select and purchase books suit- able for district libraries, and cause the same to be circulated as traveling libraries, under such rulea and regulations as he may prescribe. And for the purpose of selecting and purchasing such books there is hereby appropriated the sum of seven hundred and fifty dollars annually, to be paid by warrant of the state auditor on the state treasurer, upon the presentation of itemized bills in due form, duly approved by the superintendent of public instraction. § 626. Examinations and teachers' certificates. He shall prepare or cause to be prepared all questions to be used in the ex- amination of applicants for teachers' certificates, prescribe the rules and regulations for conducting such examinations and issue or revoke state certificates as provided in this chapter. § 627. Prescribe course of study. He shall prepare and pre- scribe a course of study for all the public and normal schools of the state and the course of study, training and practice of the pro- fessional department of schools, designated and supported wholly or in part by the state. § 628. Rules for teachers' institutes. He shall pre- scribe rules and regulations for the holding of teachers' institutes and teachers' training schools, and after counseling and advising with county superintendents, shall appoint conductors therefor. He shall prescribe the course of instruction for teachers' institutes and for teachers' training schools, and the course of reading for the teachers' reading circles within the state, § 629. Advise county superintendents. He shall counsel with and advise county superintendents upon all matters involving the welfare of schools and he shall, when requested, give them writ- ten answers to all questions concerning the 'school law. He shall decide all appeals from the decision of the county superintendents, and may for such decisions require affidavits, verified statements or sworn testimony as to the facts in issue. He shall prescribe and cause to be enforced rules of practice and regulations pertaining to ^STATE OF NORTH DAKOTA. -[9 the bearing and determination of appeals, and necessary for carry- ing into effect the school laws of the state. § 630. Record of official acts. He shall keep a complete record of all his official acts and shall file in his office all appeals and the papers pertaining thereto. § 631. School la^v^s to be printed. He shall at least once in two years canse to be ]>rinted the school laws of the state, with such notes and decisions thereon as may seem to him advisable, and shall furnish them as the}' are needed to the school officers in the state. § 632. Conference w^ith county superintendents. He shall meet the county superintendents of each judicial district or of two or more districts combined at such time and place as he shall ap- point, giving them due notice of such meeting. The objects of such meeting shall be to accumulate valuable facts relative to schools, to compare views, to discuss principles, to hear discussions, and suggestions relative to the examinations and qualifications of teachers, methods of instruction, text books, institutes, visitation of schools and other matters relating to the public schools. § 633. Seal. He shall provide and keep a seal by which all his official acts may be authenticated. § 634. To assist at teachers' institutes. He shall Avhen practicable, attend and assist at teachers' institutes and aid and encourage generally teachers in qualifying themselves for the suc- cessful discharge of their duties; he shall labor faithfully in all practicable ways for the welfare of the public schools of the state, and shall perform such other duties as shall be required of him by law. § 635. Biennial report, "what to contain. He shall, on or before the first day of November preceding the biennial session of the legislative assembly, make and transmit to the governor a re- port, showing: 1. The number of school districts, schools, teachers employed and pupils taught therein and the attendance of pupils and studies pursued by them. 2. The financial condition of the schools, their receipts and ex- penditures, value of school houses and property, cost of tuition and wages of teachers. 3. The condition, educational and financial, of the normal and higher institutions connected with the school sj^stem of the state and as far as it can be ascertained, of the private schools, acad- emies and colleges in the state. 4. Such general matters, information and recommendations re- lating to the educational interests of the state, as he may deem im- portant. § 636. Reports to be printed. Two thousand copies of the report of the superintendent of public instruction shall be printed biennially in the month of December preceding the session of the legislative assembly. One copy shall be furnished to each 20 GENERAL SCHOOL LAWS, • of the members of the legislative assembly, one copy to each county superintendent of the state, one copy to the president of each school board, one copy to each state ofQcer, one copy to each state and territorial superintendent, and twenty copies shall be filed in the office of the superintendent of public instruction and ten copies iu the state library. The remaining copies shall be distributed among the various colleges, universities and other libraries of the United States. § 637. Salary, traveling expenses. He shall receive an annual salary of two thousand dollars and in addition thereto his actual and necessary traveling expenses incurred in the discharge of his official duties, not exceeding six hundred dollars in any one year, such expenses to be paid monthly on the warrant of the state auditor upon his filing with such auditor an itemized statement of such expenses properly verified. Aeticle 2 . — County Superintendent of Schools. § 638. Election, term of oJBace. There shall be elected in each organized county, at the same time other county officers are elected, a county superintendent of schools, whose term of office shall be two years, commencing on the first Monday in January fol- lowing his election, and until his successor is elected and qualified. Any voter residing in an independent school district, organized under a special act, having a board of education and city superin- tendent of schools, shall not be qualified to vote for county superin- tendent of schools. § 639. General duties. The county superintendent of schools shall have the general superintendence of the public schools in his county, except those in cities which are organized under special law and those in special or independent school districts. § 640. Visitation of schools. He shall visit each public school under his supervision. He shall at such visit carefully ob- serve the condition of the school, the mental and moral instruction given, the methods of teaching employed by the teacher, the teacher's ability and the progress of the pupils. He shall advise and direct the teacher in regard to the instruction, classification, government and discipline of the school and the course of jtudy. He shall keep a record of such visits and by memoranda indi *ate his judgment of the teacher's ability to teach and govern and the condition and progress of the school, which shall be open lo in- spection by any school director. § 641. General duties. He shall carry into effect all in- structions of the superintendent of public instruction given within his authority. He shall distribute to the proper officers 'iud to teachers all blanks furnished him by such superintendent, and needed by such officers and teachers. Acting under the instruc- tions of the superintendent of public instruction, he shall, when expedient, convene the teachers of his county at least one Saturday STATE OF NORTH DAKOTA. 21 in each month during which the public schools are in progress, cr if the distance is too great he may convene the teachers of two or more districts in each of the several portions of his county in county or district institutes, or teachers' circles, for normal instruc- tion and the study of methods of teaching, organizing, classifying and governing schools, and for such other instruction as may be set forth in the course of reading prescribed by the superintendent of public instruction for the state teachers' reading circle. Each teacher shall attend the full session of such institute or circle and participate in the duties and exercises thereof or forfeit one day's wages for each day's absence therefrom, unless such absence is oc- casioned by sickness of the teacher or others to whom his attention is due; but when, on account of distance or otherwise, it would im- pose a hardship upon any teacher to attend, or would cause such teacher to neglect his school, the county superintendent may excuse such teacher from attendance. § 642. Record of official acts. He shall keep a record of all his official acts, and shall preserve all books, maps, charts and apparatus sent him as a school officer, or belonging to his office. He shall file all reports and statements from teachers and school boards and shall turn them over to his successor in office. He shall be provided with a seal by which his official acts may be authenticated. § 643. Meetings with school officers. He may arrange for meetings with schools officers at designated times and places, due notice of which has been given, for the purpose of inspecting the district records and instructing in the manner of keeping the same and of preparing the reports of district officers. He shall visit the officers of the several school districts as often as may be necessary to secure the correct keeping of the records. He shall, on or before the first day of April in each year, prepare and furnish to the sev- eral assessors of the county a correct sectional map of their respec- tive districts, showing the boundaries and names or numbers of all school districts therein. • § 644. To decide questions in controversy. He shall decide all matters in controversy arising in his county in the ad- ministration of the school law or appealed to him from the decis- ions of school officers or boards. An appeal may be taken from his decision to the superintendent of public instruction, in which case a full written statement of the facts, together with the testimony and his decision in the case shall be certified to the sui)erintendent of public instruction for his decision in the matter, which decision shall be final, subject to adjudication or the proper legal remedies in the courts. § 645. Power to administer oaths. He shall have power to administer oaths of office to all subordinate school officers, and to witnesses and to examine them under oath in all controversies pending before him arising in the administration of the school laws; but he shall not receive pay for administering such oaths. 22 GEiNBRAL SCHOOL LAAVS, § 646. Institute fund, how raised and used. All funds re- ceived by him for the examination of teachers shall be turned over to the county treasurer, who shall keep the same as a special fund to be known as the ''Institute Fund," and which shall be used only for the expenses of holding county teachers' institutes, or support- ing teachers' training schools, to be paid out upon proper war- rants issued by the county auditor upon the sworn and itemized voucher of the county superintendent. § 647. Apportionment of state tuition fund. He shall make apportionment of the state tuition fund among the school corporations of the count3% as provided in this chapter. § 648. Teacher's certificate may be revoked, -when. He shall see that the pupils are instructed in the several branches of study required b}^ law to be taught in the schools as far as they are qualified to pursue them. If any teacher neglects or refuses to give instruction as required by law in phj'^siology and hygiene, and the nature and effect of alcoholic drinks, narcotics and stimulants, the county superintendent shall promptly revoke such teacher's certifi- cate and cause him to be discharged. If the teacher, so neglecting or refusing to give instructions in such branches, holds a state certificate, the county superintendent shall immediately certify sucH refusal or neglect to the superintendent of public instruction, § 649. Report to state superintendent. He shall, on or before the fifteenth day of September in each year, make and trans- mit a report to the superintendent of public instruction, containing such statistics, items and statements relative to the schools of the county, as may be required by such superintendent. Such report shall be made upon and conform to the blanks furnished by the sup- erintendent of public instruction for that purpose. He shall not be paid his salary for the last quarter of his official year until he presents to the county commissioners, the receipts of the superin- tendent of public instruction for such annual report. § 650. Appraisement of school lands. Fees. He shall perform such duties as appraiser of the school lands in his county, and also in the leasing and sale of such lands, as may be required of him by the board of university and school lands. He shall be paid for such services three dollars a day for the time actually em- ployed therein and five cents a mile for the distance actually and necessarily traveled in the discharge of such duties, to be paid by the state treasurer out of the funds, appropriated for the current expenses of the board of university and school lands. § 651. OfB.ce, postage and stationery. He may provide for himself a suitable office for the transaction of official business when not provided therewith by the county commissioners, and such commissioners shall audit and pay his reasonable accounts for the use and furniture of* such office. They shall also furnish him with all necessary books, stationery and postage. § 652. Salary. Deputy. Traveling- expenses. The salary of the count}' superintendent of schools shall be as folloAvs: In STATE OF NORTH DAKOTA. 23 each county having one school and not over five, one hundred dol- lars; six schools and not over ten, two hundred dollars; eleven schools and not over fifteen, three hundred dollars; sixteen schools and not over twenty, four' hundred dollars; twenty-one schools and not over twenty-five, five hundred dollars; twenty-six schools andnot over thirty, six hundred dollars; thirty -lone schools and not over thirty-five, seven hundred dollars; thirty-six schools and not over forty, eight hundred dollars; forty-one schools and not oxev fifty, nine hundred dollars; and for each additional school ten dollars ad- ditional; provided, that in computing the salary of such supei-in- tendent no school shall be included unless the same shall have been taught at least three months during the preceding year; pro- vided, further, that such salaries shall not exceed fifteen hundred dollars in any county. In addition thereto, he shall receive yeven cents a mile for the distance actually and necessarily traveled by him in the discharge of his duties. He shall, at the end of every three months, make and furnish to the county commissioners an itemized statement of the distance so traveled in the discharge of his duties, which shall be audited and ordered paid by the board of county commissioners. The amount of his salary shall be deter- mined each year by the actual number of schools or separate depart- ments in graded schools over which such superintendent had otficial supervision during the preceding year, and the same shall be jvaid out of the county general fund monthly upon the warrant of the county auditor. In each county, which shall be organized for school purposes after the adoption of this code, the county superin- tendent shall be paid a salary at the rate of one hundred dollars a year until the first Monday in October next following his election, after which his salary shall be as provided for in this section. The county superintendent may appoint a deputy who shall perform the duties of the county superintendent during his absence from the county; but no additional salary shall be paid such deputy except in counties having sixty or more schools. In counties having sixty schools the board of county commissioners shall appropriate one hundred dollars for clerical assistance in the county superintend- ent's office and five dollars for each additional school, to be paid monthly; provided, that not more than six hundred dollars shall be appropriated for clerical assistance in any one year. § 653. Qualifications of. No person shall be deemed qualified for the office of county superintendent, unless he holds a certificate of the highest county grade or its equivalent. § 654. Shall not engage in teaching. No county superin- tendent of schools, except as hereinafter provided, shall engage in teaching during the term for which he was elected, nor shall any person under contract to teach be qualified to hold the office of county superintendent of schools. § 655. Shall not absent himself from county. No county superintendent of schools shall engage in any profession or occupa- tion, nor shall he absent himself from the county or district for 24 GEiNElRAL SCHOOL LAWS. which he is elected to engage in any occupation, profession or pur- suit during the term for which he is elected for such time and in such manner as to interfere with the proper discharge of his dutie* as county superintendentof schools. § 656. Subject to removal. Any county superintendent of schools who neglects or violates any of the provisions of sections 654 and 655 shall be subject to removal from office. § 657. Not applicable in every county. None of the pro- visions of sections 654 and 655 shall be applicable to counties in which the salary of county superintendents of schools is less thaji twelve hundred dollars per annum. Article 3. — School Districts. § 658, What constitutes a school corporation. Each civil township in the state, not organized for school purposes under the district system at the taking effect of this code, shall be and is hereby constituted a distinct school corporation, and whenever in any county a civil township shall hereafter be organized it shall from and after such organization be and constitute a distinct school corporation, except as otherwise specially provided in this chapter. § 659. School tOAvnship to conform to civil to^wnship when possible. Each school township in every county in the state, which at the taking effect of this code consists of territory not organized into a civil township, shall be and remain a distinct school corporation; provided, that whenever such school township, or any part thereof, shall be organized into or annexed to a civil township, such civil township shall thenceforth constitute a distinct school corporation; but nothing in this section shall be construed to alter the boundary lines of any school township organized prior to the passage of this code, except upon petition as hereinafter pro- vided. § 660. What territory may be organized into district school corporations. The county commissioners of each county in which there is territory not organized for school purposes at the taking effect of this article, may organize into a district school cor- poration any territory not, at the taking effect of this article, al- ready organized into a civil township or a school township, upon be- ing petitioned to do so by one-third of the residents of such teri'i- tory, having the care or custody of any child of school age; pro- vided, such territory shall consist of not less than one congressional township, and having not less than ten children of school age resid- ing therein. The county commissioners of every such county, with the advice and consent of the county superintendent may rearrange the boundaries in any school corporation whose territory is not ni- cluded within a civil township, when petitioned to do so by a ma- jority of the voters residing within such school corporation, whose boundaries will be affected thereby, subject to the same restrictions and conditions as to extent of territory and number of resident STATE OF NORTH DAKOTA. 25 children of school age as in the organization of a school corporation from territory not included in a civil township. In the formation of school cor})orations and the rearrangement of their boundaries .as provided for in thi.^ section, the boundary lines of congressional townships shall be followed as far as possible as school corporation lines; provided, that in case any school township, containing a city of eight hundred inhabitants or more, and which is not organized as an independent school di.>trict, said township outside of said city, may, on petition to the county superintendent of schools, a petition of at least two-thirds of the legal votens of such township outside the limits of such city, organize a school township, aud when such petition is filed, the county superintendent of scliools shall proceed to call a first election as provided in article I of this chapter. § 661. New school districts, how formed. In any county liereafter organized the county commissioners shall so divide the 'County or the parts thereof, which include every congressional township in such county which has residing therein not less than ten children of school age, into school corporations as will best pro- mote the permanent interests of public schools in the county, upon the same petition and subject to the same condition and restrictions as are contained in section 6fi0. § 662. When school corporations may be divided and attached to other districts. If a portion of any such school corporation having not more than ten children of school age re- siding therein is separated from the other portion of such corpora- tion Jby any natural obstacle which practically prevents such chil- dren from attending school in such other portion, the county com- missioners of the county may annex such portion so separated to an adjoining school corporation, and the portion so annexed shall con- stitute a part of such adjacent corporation. If such adjacent cor- ]>oration lies in another county, the county commissioners of the two counties may jointly make such annexation, § 663. Annexation of school corporations. In any county not organized for school purposes under tiie district sj^steni at tlie taking etfect of this code, if a town or village not organized into a special district is divided by a civil township line or if such town or village is divided by any county line, the county commissioners of such county, or the county commissioners of such adjacent counties acting in joint session, as the case may be, may when petitioned so to do by a majority of the voters of each part of said tov;n or vil- lage, annex one part of such town or village to the adjacent school corporation which includes the other part of such town or village and the part so annexed shall constitute a portion of such adjacent corporation. § 664. When civil tow^nships may consolidate into school ■district. In any county not organized for school purposes under the district system at the taking effect of this code, if a civil township having less than fifteen persons of school age residing therein, Ijy 26 GENERAL SCHOOL LAWS, reason of the irregular course of natural boundary, contains less than twelve sections or square miles of territory, it shall constitute a portion of the adjacent school district with which it has the long- est common boundary line. § 665. School districts, how named. Each school corpora- tion constituted or formed under the provisions of this -irticle, shall be designated a school district as distinguished from a civil town- ship or congressional township and shall be named as follows: Each school district which consists of a civil township shall be named " school district of county, state of North Dakota," with the name of the civil township which constitutes the districts inserted in the blank before the word "school,-' and the name of the county in which it is situated inserted before the word "county." Each school district which consists of territory not or- ganized into a civil township, but which has been named b}^ a dis- tinctive name shall have such distinctive name inserted in the blank before the word "school." Each school district consisting of terri- tory not organized into a civil township which has no distinctive name shall be named "school district No of county, state of North Dakota," with its proper number inserted in the blank after the word "number," and the proper name of the county inserted in the blank before the word "county;" provided, that m each county organized for school purposes under the district sys- tem at the taking effect of this code, the several school districts shall retain and be known by the number which they have respec- tively at the time of the taking effect of this code and any school district hereafter formed in any such county shall be known by the number next higher than that of the highest pre-existing numbered district. § 666. When boundaries to be rearranged and estab- lished and how. The county commissioners and county superin- tendent of schools in each county, which at the taking effect of this code is organized for school purposes under the district system, shall meet on the first Monday in May, A. D. 1896, at the place where the meetings of such commissioners are usually held and shall rearrange and establish the boundaries of the several school districts of the county unless the same has already been done, as follows : 1. Eiach civil township in a county, no part of which is included in a school district already organized, shall be formed into a single school district. 2. Each congressional township in the county, no part of which is included in a civil township nor in an organized school district, if it contains twelve or more persons of school age, shall be formed into a single school district, 3. All territory in a county situated in a civil township, part of which is organized into a school district or situated in a congress- ional township not included in a civil township, and a portion of which is organized into a school district shall be annexed to and STATE OF NORTH DAKOTA. 27 form a part of the organized school district lying wholly or in part; in such civil or congressional township, 4. Each school district now organized which has less than ten- persons of school age residing therein shall be annexed to and form* a part of such adjacent school district as shall l)e most convenient: for such persons of school age, when in the judgment of such com- missioners and superintendent such annexation can be made with- out detriment to the school or to the pupils residing in such districts 5. The boundary lines of each school district which lies partly" w'ithin tw'o or more civil townships shall be so changed that suchi school district shall lie wholly within one civil township, so far as; in the judgment of such commissioners and superintendent suchv change can be made without detriment to the schools or to the pu- pils therein. G. Such commissioners and superintendent shall make such- changes generally in the boundary lines of the school districts of the county, not in their judgment detrimental to the interests of the- schools of the county as will reduce the number of school districts- in the county, and form school districts not extending beyond the- boundaries of the civil township. § 667. Boundaries, how changed in future. After the- boundary lines of the several school districts in any of the said counties are rearranged and established as i)rovided for in the last preceding section of this article, such boundary so established may be changed b}' the county commissioners and superintendent of* schools of such county at any regular session of such commissioners', upon a petition for such change signed by one-third of the voters', residing in each district, whose boundaries will be affected by sucht change, if in the judgment of the commissioners and superintend- ent such change is for the best interests of the schools; provided,, that by such change or changes no new district shall be formed,, nor shall the number of school districts in the county be increased;; provided further, that each congressional township, not wholly or- in part included in a civil township, and no part of which is organ- ized for school purposes, shall be formed into a school district as soon as it shall have residing therein twelve or more children of school age. § 668. Rights and powers of school corporations. Each school district constituted and formed as provided in this article- shall be a distinct corporation, and under its proper name or num- ber as such corporation, may sue and be sued, contract and be con- tracted with, and may acquire, purchase, hold and use personal or real property for school purposes or for the purposes mentioned in this chapter and sell and di.-^pose of the same. § 669. Plats of school districts to be furnished by county- auditor. The county auditor shall, within thirty days after the first school election held as provided herein, transmit to the state audi- tor, to the superintendent of public instruction and to the county- superintendent, a plat of the county showing the boundaries and '28 GEINETIAL SCHOOL LAWS, mame of each school corporation therein, and shall record a copy 'of the same, together with all proceedings of the county board had .and done under this chapter in a proper book kept for that purpose. He shall promptly furnish such officers with a correct plat showing any changes at any time in the boundaries of school corporations. The superintendent of public instruction shall furnish instructions ifor the suitable preparation and construction of such plats in regard to scale and markings, in order to secure a uniform series of maps for binding for office use. § 669a. Legalizing irregularities. All school districts, whether duly and legally organized under the provisions of sta/tutes • or not, which for the eight years las/t past have had a defacto or- ganization, are hereby declared to be legally organized and are authorized to exercise all the functions of school districts which liave been duly and legally organized as pro\'ided by statute, with the boundaries which they may have at the time of the going into elfect of this article, and all contracts or obligations of said dis- tricts, and the acts of the officials thereof, are hereby ratified and confirmed in so far as to give them the same validity which they would have had if said districts had been legally organized. Article 4. — Election of School Officees. § 670. OflB-cers to be elected. On the third Tuesday in June of each year there shall be elected one school director for the term of three years and on the third Tuesday in June of each even num- "bered year a school treasurer for the term of two years. Such of- ficers shall hold their respective offices from the second Tuesday in July following their election for the number of years respectively for which they were elected, and until their, successors are elected and qualified. At the first election for the organization of a new school district there shall be elected at large for such school dis- trict three directors, one to serve until the first annual election, •one to serve until the second annual election, and one to serve until the third annual election thereafter and a school treasurer to serve aintil the annual election in the next e\en numbered year and until "his successor is elected and qualified. § 671. Polling places, how established. Appointment «Df election officers. The county superintendent in each county ;shall, at least twenty days prior to the first election in the new dis- trict, fix and designate some polling place in each school district so located as to be convenient for the voters of such district, and shall .appoint two persons to act as judges and two to act as clerks of the ^election of such school officers; such judges and clerks shall be qual- ified voters in their respective districts. The county superintend- -ent shall notify in writing such judges and clerks of their appoint- ment, and of the place fixed and designated as the polling place in their respective districts, and shall furnish them with the necessary Iblanks and poll books for such election. He shall also furnish one of such clerks with three notices of such election specifying the STATE OF NORTH DAKOTA. 291 time and place at which such election is to be held, the officers ta be elected and term of each, which notices such clerk shall post in three of the most public places in the district at least ten days prior to such election. The county superintendent shall fix the date and perform such other duties as devolve upon him by the provisions of this section for the first election in any school district hereafter formed under the provisions of this chapter, and such election shall be called by the county superintendent within thirty days after the formation of such school district. § 672. Who qualified, to vote or hold office. At any election of school officers in any school corporation in this state, all persons who are qualified electors under the general laws of the state and all women twenty-one years of age having the necessary qualifications as to citizenship and residence required of male voters by law, shall be qualified voters and shall be eligible to the office of county superintendent or schools, school director or mem- ber of the board of education or school treasurer, or may be Judge or clerk of such election. § 673. Hours polls open. At all elections for school district officers, the polls shall be opened at two o'clock P. M. and closed at five o'clock P. M, § 674. Notice of annual election. At least fifteen days, before the third Tuesday in June of each year the district school board of each school district shall designate one polling place as convenient as possible to the voters of such district at which such annual election shall be held, and shall cause notice of such election to be posted in at least three of the most public and conspicuous places within the district. Suoh notices shall be signed by the clerk or in his absence by the president of the district school board, and shall state the time and place of holding such election and the officers to be elected and their term of office, and shall be substan- tially in the following form: Notice is hereby given that on Tuesday the day of June, A. D an election will be held at (here insert polling place) for the purpose of electing (here insert officers to be elected and tenn each is to serve) for school district No or for (here insert name of school district). The polls will be opened at two o'clock P. M. and closed at five o'clock P. M. cf that day. By order of school board. Signed, Clerk. § 675. Judges. Oath. At such annual election any two of the- directors of the school district may act as judges and the clerk of the district school board and one other person to be chosen b^- the voters present at the opening of the polls, shall act as clerks. The voters present at the opening of the polls shall choose a person to fill any vacancy caused by the absence of either of such officers to act as judge or clerk of such election. Before opening the polls. 30 GENERAL SCHOOL LAWS, each of the judges and clerks of election shall take and subscribe the following oath or affirmation : "I do solemnly swear (or affirm) that I will perform my duties as judge or clerk (as the case may be) -according to law and the best of my ability," Such oath or affirma- tion may be administered by any officer authorized to administer ■loaths or by either of the judges or clerks. Any school officer elected and qualified under the provisions of this chapter is authorized and -empowered to administer any oath or affirmation pertaining in any manner to school offices. § 676. Election, how conducted. Canvass of votes. Such election shall be conducted and the votes canvassed as provided by law of general elections, except as otherwise i)rovided in this chap- ter. Immediately after the polls are closed the judges shall pro- ceed to count and canvass the votes for each person A'^oted for at such election for any office, and the person receiving the highest number of votes for the office of director or treasurer shall be de- clared elected. If the election results in a tie for any such office, the district clerk shall immediately notify in writing the parties liaving received such tie votes, and a time shall be agreed upon by the parties, within three days after the election, at which the elec- tion shall be decided in the manner that may be agreed upon by the parties, in the presence of the judges and clerks of election, and a record of the proceedings shall be made in the records of the dis- trict clerk, § 677. Certificates of election. The clerk of the school dis- trict shall within five days after such election furnish each person ■elected to any district office a written notice of his election, and that he shall take the oath of office as such officer on or before the second Tuesday in July following such election. He shall also for- ward to the county superintendent within ten days after such elec- tion, a certified list of all the officers elected thereat, § 678. Oath of ofl&ce. Each person elected to the office of school director or treasurer shall before entering upon the duties of his office, take and subscribe the oath prescribed in section 211 of the constitution, which oath shall be filed with the clerk of the school district board. Article 5. — Organization, Meetings and Duties of District Officers, § 679. District school board. Quorum. The three school directors in each school district shall constitute the district school board. A majority of the board shall constitute a quorum and the -agreement of a majority shall be necessary to the validity of any •contract entered into by the board, § 680. Organization. Clerk. - The school board shall meet annually on the second Tuesday in July, and organize by choosing one of the members president, and a competent person, not a mem- ber of the board, clerk, who shall hold his office during the pleasure •of the board. STATE OF NORTH DAKOTA. 3t § 681. Meetings of board. Fees. The board shall on the second Tuesday in January, April, July and October of each year, hold regular meetings for the transaction of business at such hour and place as may be fixed by the board. A special meeting may be held upon the call of the president or of the other two members. Written notice of the time and place of any special meeting shall be given to each member of the board at least forty-eight hours be- fore the time of such meeting. Each member of the board shall be paid the sum of eight dollars per annum, less two dollars for each regular meeting which he fails to attend. § 682. Duties of the president. The president shall preside at all meetings of the board and shall perform such duties as usually pertain to such office and in accordance with the customary rules of order. In his absence a president pro tempore shall preside. The president shall perform such other duties as are prescribed in this chapter, § 683. Duties of clerk. Compensation. The clerk of the board shall keep an accurate record of all proceedings of the board, give or post all notices, make out all reports and statements and perform all other duties required by law or by the board. He shall receive such com])ensation as shall be fixed by the board, not less than ten dollars for one school and five dollars for each additional school in his district; provided, that such salary shall not exceed forty dollars in any one year. § 684. Treasurer's bond, how approved. Vacancy, how filled The school treasurer shall, on or before the second Tuesday in July following his election and before entering upon his duties give a bond to the school district conditioned for the honest and faithful discharge of his duties and that he will render a true ac- count of all funds and property that shall come into his hands and pay and deliver the same according to law. Such bond shall be in such sum as may be fixed by the board, but not less than double the sum to come into his hands in any one year as nearly as may be as- certained, which bond shall be signed by two or more sufficient sur- eties to be approved by the school board. In case the school board neglects or refuses to approve the bond of such treasurer and the sureties thereon, such treasurer may present the same to the county superintendent and serve notice thereof upon the board and due proof of such notice being made to the county superintendent, he shall, unless good cause for delay appears, proceed to hear and de- termine the sufficiency of the bond and the sureties thereon, and may approve or disapprove the same as the facts warrant. In case a vacancy occurs in the office of district treasurer, it shall be the duty of the county treasurer of the county wherein such school district is located, upon being notified by the county superintendejit -or clerk of such school district that such vacancy exists, to perform the duties of treasurer of such school district until the vacancy is -duly filled. § 685. When additional bonds required. Whenever the 32 GEiNEllAL SCHOOL LAWS, amount in the hands of the treasurer or subject to his order, exceeds two-thirds of the penal sum of his bond or when in the judgment of the board or of the county superintendent the security on such bond is impaired, the board or county superintendent sihall require an ad- ditional bond. If the treasurer fails for twenty days to give such additional bond the office shall be declared vacant and the vacancy shall be filled as provided by this chapter. § 686. School funds, how paid out. The school treasurer shall keep such accounts and make such reports as are required of him by law, and shall publish his annual statement in a newspaper published in the nearest city or town to his district. He shall pay no money out of the school funds in his hands except upon the warrant of the school board, signed by the president and counter- signed by the clerk. He shall pay all warrants properly drawn and signed when presented, if there is any money in his hands or subject to his order for their payment. § 687. Warrants to be indorsed when no funds to pay^ When a warrant is presented to the treasurer for payment and there is no money in his hands or subject to his order belonging to the proper fund for the payment of such warrant, he shall indorse- on such warrant "presented for payment this .... day of , 18. ., and not paid for want of funds," and shall sign such indorse- ment. If he has in his hands or subject to his order money for the part payment of such warrant, he shall make such part payment and indorse the sum on the warrant and add "balance not paid for w^ant of funds," signing the same. He shall keep a correct register of all warrants so presented and indorsed. Each warrant thus pre- sented and indorsed shall draw interest on the amount unpaid at eight per cent per annum from the date of such presentation and indorsement until paid; provided, that when there shall come into, the hands of the treasurer or subject to his order monSy applicable- to the payment of any warrant which has been so presented and registered, the treasurer shall notify in writing by mail the drawee of such warrant at his last known place of residence to present such warrant for payment, and interest shall cease upon every such war- rant ten days after such notice shall have been sent, and such money shall be held for the payment of such warrant. § 688. Warrants, what to specify. Each warrant drawn by the clerk of the board on the district treasurer must specify the pur- pose for which it is drawn, the fund on which it is drawn, and the person to whom payable; and no warrant shall be issued except for an indebtedness incurred prior to its issue. § 689. Oaths and bonds, where to be filed. All official oaths and bonds of school district officers shall be filed with the district clerk, who shall immediately certify to the county superin- tendent the fact of such oaths and bonds being filed. Said clerk shall file school treasurer's bond with, county auditor after sucb bond has been approved by the district school board, as provided im this chapter. In case of the breach of any of the conditions of the* STATE OF NORTH DAKOTA. 33 treasurer's bond, the board, throug^h its president, and in case of his refusal so to do, the county superintendent shall cause an action to be commenced and prosecuted thereon in the corporate name of the district, and any money collected for the district shall be paid to the district treasurer and any money collected for fines shall be paid into the county treasury and be credited to the general school fund of the state. If the board and county superintendent both fail or refuse to bring such action any taxpayer in the district may com- mence and prosecute such action, and the necessary expense thereof shall be paid out of the district treasury unless otherwise ordered by the court. §690. Salary of school treasurer. The school treasurer shall be paid for his services such sum as shall be fixed by the board not less than five nor more than twenty-five dollars per annum. Article 6. — Powers and Duties of District School Boards. §691. General powers. The district school board shall have the general charge, direction and management of the schools of the district, and the care, custody and control of all the property be- longing to it, subject to the i)rovisions of this chapter. § 692. Power to establish schools. It shall organize, maintain and conveniently locate schools for the education of children of school age within the district, and change or discontinue any of them in the cases provided by law. § 693. Repairs, fuel and supplies. It shall make all neces- sary repairs to the school houses, outbuildings and appurtenances, and shall furnish fuel and all necessary supplies for the schools. § 694. Furniture, maps, registers, school library. It shall furnish to each school all necessary and suitable furniture, maps, charts and apparatus, including Webster's International Dictionary. The school registers and all school blanks used shall be those fur- nished by the state department of public instruction. It shall have power to purchase and keep for the use of the inhabitants of the sc'hool district a circulating library of the value of not more than fifty dollars, to be selected by the school board from any list of books approved by the superintendent of public instruction, and fur- nished by the' county superintendents for that purpose, and it shall not purchase any books not contained in such list. With the con- sent of a majority of the voters of the district at a meeting duly called for that purpose, due notice of which has been given as pro- vided by law for other meetings of the voters of the school district, the district school board may purchase and select a library of the value of more than fifty dollars but not to exceed one hundred dol- lars in value. It shall have the care and custody of the library and may appoint as librarian any suitable person including one of their own number. It shall make rules to govern the circulation and care of the books while in the hands of pupils or other persons and may impose and collect penalties for injuries done to any book by the act, negligence or permission of the person who takes the same or 34 GENERAI. SCHOOL LAWS, while in his possession. No book shall be loaned for a longer period than two weeks at anj^ time to any one person and never to any per- son not a resident of the district. The library shall be open at least once each week for the accommodation of its patrons. It shall, under proper rules permit teachers to take books from the librar}^ to their schools for use in illustrating any subject and for instruction. It may at any time exchange any part or all of its library with any other district or person, so far as different books may be so obtained, for equal values of the books exchanged, and may at any time accept donations of books for the library, but it shall exclude therefrom all books unsuited to the cultivation of good character and good morals and manners, and no sectarian publi- cations devoted to the discussion of sectarian differences and creeds shall be admitted to the library. § 695. Teachers, how employed. Salaries, how graded. It shall employ the teachers of the school district, and may dismiss a teacher at any time for plain violation of contract, gross immor- ality or flagrant neglect of duty. No person shall be permitted to teach in any public school who is not the holder of a teacher's certif- icate or a permit to teach, valid in the county or district in which such school is situated; and every contract for the employment of a teacher must be in writing, and such contract must be executed before such teacher begins to teach in such schools. It shall grade the salaries of teachers for the district in accordance with the grades of certificates, and no teacher holding a certificate of a lower grade shall be paid a salary equal to or in excess of that paid to a teacher holding a certificate of a higher grade in the same district. § 696. Pupils from other districts. It shall have the power to admit to the schools in the district pupils from other districts when it can be done without injuring or overcrowding such schools, and shall make regulations for their admission and the payment of their tuition. It shall have the power to arrange with the board of an adjacent district for sending to such district such pupils as can conveniently taught therein, and for paying their tuition. It shall have the power to admit to the schools in the district pupils resid- ing in unorganized territory adjacent to the district, and shall ar- range with the parents or guardians of such pupils for paying their tuition; but in no instance shall a board refuse school privileges to or collect tuition from pupils residing in such adjacent unorgan- ized territory if the parents of such pupils are property holders in 'the district and pay taxes. It shall also have the power to make proper and needful rules for the assignment and distribution of pupils to and among the schools in the district and their transfer from one school to another. § 697. Rules. Suspension of pupils. It shall assist and co-operate with teachers in the government and discipline of the schools, and may make proper rules and regulations therefor. It may suspend or expel from school any pupil who is insubordinate or habitually disobedient, but such suspension shall not be for a STATE OF NORTH DAKOTA. 35 longer period than ten days nor sucli expulsion beyond the end of the current term of school. § 698. Branches of study. Subject to the approval of the county superintendent, it shall have power to determine what branches, if any, in addition to those required by law shall be taught in any school of the district. § 699. Tax levy. Notice to county auditor. It shall have power to levy upon the property in the district a tax for school pur- poses of not exceeding thirty mills on the dollar in any year, which levy shall be made by resolution of the board prior to the twentieth day of July. The clerk shall immediately thereafter notify in writ- ing the county auditor of the amount of tax so levied. It shall not have power to abate or reduce the amount of tax so levied after the county auditor has been notified of the amount of such levy. § 700. When school houses can be used for other pur- poses. It may x^ermit a school house, when not occupied for school purposes, to be used under careful restrictions for any j^roper pur- pose, giving equal rights and privileges to all religious denomina- tions or political parties, but for any such use or privilege it shall not be at any cost for fuel or otherwise to the district. Nor shall any furniture which is fastened to the floor be removed, and who- ever removes any school furniture for any other purpose than repairing the same or for repairing the school room shall be guilty of a misdemeanor and shall be fined not less than five nor more than ten dollars for each offense. All fines imposed and collected under the provisions of this section shall be paid into the general school fund of the state. § 701. School houses and sites, how determined. When- ever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district or to provide for the chil- dren therein proper school privileges, or whenever petitioned so to do by one-third of the voters in the district, the board shall call a meeting of the voters in the district at some convenient time and place fixed by the board to vote upon the question of the selection, purchase, exchange or sale of a school house site, or the erection, removal ov sale of a school house. Said election shall be conducted and votes canvassed in the same manner as at the annual election of school officers. Three notices of the time, place and purpose of such meeting shall be posted in three public places in the district by the clerk, at least ten days prior to such meeting. If a majority of the voters present at such meeting shall by vote select a school house site, or shall be in favor of the purchase, exchange or sale of the school house, as the case may be, the board shall locate, pur- chase, exchange or sell such site, or erect, remove or sell such school house, as the case may be, in accordance with such vote; provided, that it shall require a vote of two-thirds of the voters present and voting at such meeting to order the removal of the school house and such school house so removed cannot again be removed within three years from the date of such meeting. 36 GENERAL SCHOOL LAWS, § 702. School house sites, how obtained. The school board of any school district may take in the corporate name thereof, any real property not exceeding two acres in area chosen as a site for school house, as provided in this chapter, and may hold and use such tract for school purposes only. Should the owner of such real property refuse or neglect to grant and convey such site, a site for such school house may 'be obtained hy proceeding in eminent domain as provided in the code of civil procedure. If the site so selected is not used for the purposes for which it is taken for two successive years, it shall revert to the original owner or his assigns upon repayment of the sum originally paid by the corporation to- gether with a reasonable consideration for the improvement. If such owner or his assigns neglects or refuses to make such repay- ment for one year after demand therefor by the board such site shall be the property of the district. § 703. Schools to be organized on petition. If a petition signed by the persons charged with the support and having the cus- tody and care of nine or more children of school age, all of whom reside not less than two and one-half miles from the nearest school is presented to the board asking for the organization of a school for such children, the board shall organize such school and emjiloy a teacher therefor if a suitable room for such school can be leased or rented at some proper location, not more than two and one-half miles distant from the residence of any one of such children, and if such petition is signed by the persons charged with the support and having the custody and care of twelve or more such children the board shall org-^anize a school and employ a teacher therefor, and if no suitable room for such school can be leased or rented, the board shall call a meeting of the voters of the district for the selec- tion and purchase of a school house site therefor and the purchase or erection of a school house as provided for in section 701. If at such meeting no such site is selected or if it is not voted to erect or purchase a school house for such schoiol the board shall select and purchase a school house site, and erect, purchase or move thereon a school house at a cost of not more than seven hundred dollars for such house and furniture therefor; provided, that the provisions of this section shall noit apply in instances where schools have been consolidated in accordance with the provisions of sec- tion 704. § 704. School terms, ho-w arranged, and when discon- tinued. Consolidation of common schools. The district board ishall determine and fix the lenglh of time the schools in the district shall be taught each year, and when each term of school shall begin and end. It shall so arrange such terms as to accommodate and furnish school privileges equally and equitably to pupils of all ages; provided, that every common school shall be kept in session for not less than four months in each school year, and in every district in which the number of persons of school age is an average of fifteen or more to the school, each school shall be kept in session for not STATE OF NORTH DAKOTA. 37 less than six montlis in each school year; provided further, that any school may be discontinued when the average attendance of pupils therein for ten consecutive days shall be less than four, and all contracts between school boards and teachers shall contain a pro- vision that no compensation shall be received by such teacher from the date of such discontinuance, or when, with the consent of a ma- jority of the patrons of such school, proper and convenient school facilities can be provided for the pupils therein in some other school; provided further, that a board may call, and if petitioned by a majority of the voters in the district, shall call an election to de- termine the question of consolidating two or more common schools, and of selecting a site and erecting a suitable building or of making suitable additions to buildings already erected, to accommodate the pupils of schools to be vacated. Said elections shall be conducted both as to notices and as to manner of canvassing the votes in the same manner as the annual school election. If two-thirds of the votes cast at such election are in favor of consolidating two or more schools and of providing a suitable building for the accommo- dation of the pupils of vacated schools, then the board shall make all necessary arrangements to carry out the decision of the district. The board shall arrange for the transportation of pupils to and from such general school. It shall establish routes of travel, adopt rules and regulations for such transportation and shall contract with responsible parties for such transportation. § 705. Additional school time. If a majority of the patrons of any school averaging for its last term twelve or more pupils in daily attendance, shall petition the board to continue such school for an additional time, not exceeding nine months in any school year, the board shall continue such school for that length of time, if there are funds in the treasury sufiQcient for that purpose. § 706. District high schools, how established and con- trolled. In any district containing four or more common schools and having an enumeration of sixty or more persons of school age residing therein the board may call, and if petitioned so to do by ten or more voters in the district, shall call a meeting of the voters of such district in the manner prescribed in section 700 to deter- mine the question of the establishment of a district high school. If a majority of the voters at such meeting vote in favor of- establish- ing such high school, the meeting shall further proceed to select a site therefor and to provide for the erection or purchase of a school building, or for the necessary addition to some school building therefor. Thereupon the board shall erect or purchase a building or make such addition for such high school, as shall be determined at such meeting, and shall establish therein a district high school containing one or more departments, and employ teachers therefor. Such school shall be kept in session for such time each year not less than three months, as the board may determine. The board shall, subject to the approval of the county superintendent, grade 38 GEN'EiRAL SCHOO^L LAWS, such hij^h school and prescribe the studies to be pursued therein, and shall have the same management and control thereof as of the common schools in the district. Two or more adjacent school dis- tricts may join in the establishment and maintenance of such high school, when empowered so to do by a majority of the voters in each district at a meeting called and held as provided for in this section,, in which case the building and furniture occupied and used for such high school shall belong to the districts so uniting, and all the costs of maintaining such school, including wages of teachers and all necessary supplies shall be paid by such districts in proportion to the assessed valuation of the property in each, and the employment of teachers therefor, and the management, control and grading thereof shall be vested in the joint boards of such districts, subject to the approval of the county superintendent of the county in which such school is situated. § 707. School census. Annual school report. The board shall cause the clerk to make an enumeration each year of all un- married persons of school age, being over six and under twenty years of age, having their legal residence in the district on the first day of June of that year, giving the names and ages of such persons and the names of the parents or guardians having the care and custody of each. Such enumeration shall be made upon and in ac- cordance with the blanks furnished therefor by the county superin- tendent and shall be returned to the county superintendent prior to the twentieth day of June. A copy of such enumeration shall also be kept in the office of the district clerk. The board shall also cause the district clerk to make out an annual report for the year begin- ning July first and ending June thirtieth, containing such financial and statistical statements and items as shall be required by the superintendent of public instruction upon and in accordance with the blanks furnished therefor by the county superintendent. Such report shall be carefully examined and certified as correct by the board at its regular meeting in Jul}^ and transmitted to the county superintendent prior to the first day of August following. A copy of such report shall be filed in the district clerk's ofiice; provided, that special school districts, independent districts and districts or- ganized for school purposes under special law, shall enumerate their children of school age on the first day of December, or within the next twenty days following, and such enumeration shall be reported to the county superintendent by the clerk. § 708. Records open to inspection. All reports, books, records, vouchers, contracts and papers relating to school business in a school district in the office of the clerk or treasurer, shall at all times be open to the inspection of any director, v/ho shall advise and aid in securing correct records and accounts and legal re- ports, and they shall likewise be open to th6 superintendent of pub- lic instruction, and county superintendent and any particular paper or record shall be exhibited at reasonable hours to any voter or tax payer. STATE OF N'(3RTH DAKOTA. 39 § 709. Records and teaching* in English. All reports and records of school officers and proceedings of all school meetings shall be in the English language, and if any money belonging to any district shall be expended in supporting a school in which the English language shall not be taught exclusively, the county sup- erintendent or any tax payer of the school corporation may in a civil action in the name of the corporation recover for such corpora- tion all such money from the officer so expending it or ordering or voting for its expenditure. Article 7. — School Funds. § 710. State tuition fund, how raised. The net proceeds arising from all fines and penalties for violation of state laws, from leasing the school lands and the interest and income from the state permanent school fund shall be collected and paid into the state treasury in the same manner as is provided by law for the collection and payment of state taxes, and shall constitute the state tuition fund, which shall be apportioned among the several counties of the state in proportion to the number of children of school age in each as shown by the last enumeration authorized by law. § 711. County treasurer to report state tuition fund quarterly. Superintendent of public instruction appor- tions. It shall be the duty of the county treasurer to receive from the proper officers the net proceeds of fines, penalties and forfeit- ures for violation of state laws, and all moneys arising from leasing school lands within the county, and to forward a detailed state- ment of moneys so collected, specifying the amount received from each of the above sources, to the state auditor at the same time that he is required to make reports of other moneys to such auditor. It shall be the duty of the state auditor on or before the third Mon- day in February, May, August and November in each year to certify to the superintendent of public instruction the amount of the state tuition fund, and the superintendent of public instruction shall im- mediately apportion such fund among the several counties of the state in proportion to the number of children of school age residing in each as shown by the last enumeration provided for by law and certify to the state auditor, state treasurer and to the county treas- urer and county superintendent of each county, the amount appor- tioned to the respective counties. Immediately upon receipt of ^uch apportionment from the state superintendent as herein provid(id, the state auditor shall draw a warrant upon the state treasurer for the full amount of the state tuition fund apportioned to the several counties and shall deliver the same to the state treasurer, taking his receipt therefor, and shall notify the several county treasurers of the amounts due their respective counties and that such warrant has been issued therefor and the state treasurer shall pay on such warrant to the several county treasurers the amount due their re- spective counties; provided, however, that all moneys arising from 40 GENEIRAL SCHOOL LAWS. interest on the permanent school fund and from leasing school lands shall be apportioned under a separate item and such money shall be taken account of as a separate item by all officers making or certifying such apportionment, or through whose hands any por- tion of such fund shall pass and it is further made the duty of the district treasurer to keep such fund separate from all other funds and if at the close of the school year any part of such fund which was apportioned prior to the third Monday of November of such year remains in the hands of the district treasurer, he shall return the same to the county treasurer, taking his receipt therefor, and the county treasurer shall return all such funds so returned or that were not drawn by the district treasurer from the county treasury to the state treasurer who shall receipt for the same, and the county treasurer shall certify to the state auditor the amount so returned to the state treasurer. § 712. Funds defined. How used. All money received by the school district from the apportionment made by the superin- tendent of public instruction shall constitute and be designated the state tuition fund. All money received from district taxes, from subscription, from sale of property, or from any other source what- ever except from apportionment made by the superintendent of public instruction, shall be designated the special fund. In addi- tion to the state tuition fund and the special fund, a sinking fund may be established as provided by this article. The state tuition fund shall be used only in the payment of teachers' wages; pro- vided, that if the state tuition fund apportioned to any district in any one year is insufficient for the payment of teachers' wages in such district any money on hand or available belonging to the special fund of such district may be applied to meet such deficiency; provided, further, that if the state tuition fund apportioned to any one district in any one year is more than sufficient for the payment of teachers' wages in such district the portion of such fund in ex- cess of the amount so required may be applied to the payment of warrants drawn upon the special fund of such district, if such dis- trict has school the required number of months during such year as required by law. § 713. Funds controlled and paid out by district treas- urer. All funds shall be kept in the possession or under the con- trol of and paid out by the district treasurer, except as otherwise provided in this chapter, and he shall keep one general account fou each district of the entire receipts and expenditures, and separate itemized accounts as herein provided for each class of receipts and expenditures. His books shall at all times show by entries under proper heads all receipts of funds and payments made therefrom, so as to enable any person readily to ascertain any balance in ac- count of any fund. § 714. JN'ot entitled to tuition fund, when. Enumeration. No school district shall be entitled to receive any portion of the STATE OF NORTH DAKOTA. 41 state tuition fund that fails to malce a report of the enumeration of -children of school age in the manner provided by law, nor until such enumeration has been taken and reported as required by law. The county superintendent of schools shall not authorize the i)ay- ment of money apportioned to any district unless the bond and oath •of such treasurer has been duly approved and Hied, as provided for by section 689. New districts organized after the annual enum- -eration has been taken shall proceed immediately to take the enum- •eration as provided by law, and after the receipt of such enumera- tion by the superintendent of public instruction through the county superintendent, the newly organized district shall receive its pro- portionate share of the funds to be apportioned. § 715. Apportionment of state tuition funds by county superintendent. Within thirty days and in not less than twenty days after receiving the certificate of apportionment from the sup- erintendent of public instruction and the certificate from the county auditor, as provided for in section 722 of this chapter, the county superintendent shall apportion separately to the several school dis- tricts, special districts, independent districts, and districts organ- ized under special laws which are entitled to any portion of the ■state tuition and special funds within the county in proportion to the number of children residing in each over six and under twenty years of age, excluding all married persons, as appears from the last enumeration authorized by law upon which the superintendent of public instruction made the apportionment to the several counties, and he shall immediately notify each district treasurer of the amount of money due his school district, and shall certify to the county treasurer and to the county auditor the amount due each school district. The county treasurer shall deliver to the several district treasurers upon the order of the county auditor the amounts apportioned to their respective districts, taking a receipt therefor. § 716. Special and independent districts and districts or- ganized under special law^s entitled to tuition funds. Special and independent school districts and districts organized under special laws shall be entitled to receive their proportion of the state and special tuition funds; provided, that the clerk or sec- retary of the board of education thereof shall make a report to the county superintendent of the enumeration of children of school age therein at the time and in the manner prescribed in this chapter. § 717. Treasurer's accounts. Annual settlement. The district treasurer shall open new accounts with each fund at the beginning of each school year, and the balance in each fund shall be brought down and become the first entry in opening the account for the new year. On the Tuesday in July succeeding the regular meeting of the school board in each year, the school board shall make settlement with the district treasurer, and shall carefully ex- amine his books, accounts and vouchers and shall ascertain if the amount of all warrants, bonds and coupons paid and redeemed or 42 GEINERAL SCHOOL LAWS, paid in part, together with the cash in his hands or under his con- trol, is equal to the amount of the cash on hand at the beginning of the school year, together with all money received by him from all sources for school purposes during the year. The district treas- urer shall deliver to the board at such annual meeting all warrants,, bonds and coupons paid and redeemed hj him during the school year, and held by him as vouchers, taking the receipt of the board therefor, and such vouchers shall forthwith be filed with the district clerk. He shall at that meeting make his annual report in tripli- cate, one copy to be preserved in the treasurer's office, one to be :filed with the clerk of the school board, and one to be transmitted to the county superintendent of schools, and the board shall cause to be published an itemized statement of the receipts and expendi- tures of the preceding year. The treasurers' reports shall show the following: RECEIPTS. The balance at the close of the year. The amount received into the state tuition fund. The amount received into the special fund. The amount received into the sinking fund. EXPENDITURES. The -amount paid for school houses, sites and furniture. The amount paid for apparatus and fixtures. The amount paid for teachers' wages. The amount paid for services and expenses of school officers. The amount paid for redemption of bonds. The amount paid for interest on bonds. The amount paid for incidental expenses. The cash on hand at the close of the school year. Such report shall include such other items as may be required by the district board, or the superintendent of public instruction, and shall be upon and in conformity with the blanks furnished him for that purpose. § 718. When county treasurer to pay funds to district treasurer. The treasurer of each district shall apply to the- county auditor for an order, and the county treasurer shall pay over to him on such order all of the school money collected for such district and all school money apportioned to such district by the county superintendent, and the county auditor shall issue such order; provided, such district treasurer has qualified and filed his oath and bond as provided by law. It shall be the duty of the county treasurer, when payment is made to any school treasurer of any funds herein provided for, immediately to notify the clerk of the school board of the payment of the same. § 719. County treasurer to keep accounts with school corporations. Each county treasurer shall keep a regular ac- STATE OF NORTH DAKOTA. 4S count with each school corporation, in which he shall (;harge him- self with all taxes collected by levy of the district school board andl all sums apportioned to the district by the county superintendent or- other authority, and all sums received for the district, and he shalll credit himself with all payments made to the treasurer of the dis- trict, distinguishing between the items paid by apportionment,, those from county taxes and those from other sources, lie shall also credit himself with all payments for redemption or indorse- ment of warrants in the collection of taxes and shall deliver to the- district treasurer a duplicate tax receipt for the amount of eacb warrant so indorsed or redeemed together with all warrants so^ redeemed at the time of making other regular payments to the dis- trict treasurer. To these credits, to balance the accounts, he shalll add all items for legal fees, for collection and other duties. § 720, School taxes, how and -when collected. It shall be^ the duty of the county treasurer to collect the taxes for school purposes at the same time and in the same manner that the county and staite taxes are collected, and full power is hereby given him to- sell property for school taxes the same as is provided by law for the* collection of other taxes. Whenever an error occurs in any school corporation's tax list the district school board or board of educa- tion in special or independent districts or districts organized under- sjjecial laws may correct such errors and refund such taxes improp-^ erly collected. All penalties and interest collected on delinquent school taxes shall be applied to the proper fund to which such de- linquent taxes belong. Article 8. — Taxes. §721. School board to levy tax. Each district school board' shall have power and It shall be its duty to levy upon all the prop- erty subject to taxation in the district a tax for school purposes of all kinds authorized by law, not exceeding in the aggregate a rate of thirty mills on the dollar in any one year. Such tax shall be- levied by resolution of the board prior to the twentieth day of July in each year, which resolution shall be entered in the records of the proceedings of the board. The clerk shall immediately there- after notify the county auditor in writing of the amount of tax so- levied, and such notice shall be in substantially the following form:: State of North Dakota, ] County of >- ss. School District ) To Gountv Auditor of Countv. Sir: You are hereby notified that the school board of school: district has levied a tax of dollars upon all real and per- sonal property in said school district for school purposes. You will duly enter and extend such tax upon the county tax list for col- -^44 GENERAL SOHOOL LAWS, lection upon the taxable property of such school district for the -current year. Dated at this day of 189 . . District Clerk. The notice of a tax to pay any judgment against the district shall be in addition to the regular tax and shall be certified to the county auditor under the same general form, as near as may be; provided, that if the boundaries of such district shall embrace a portion of two counties then the clerk of such district shall certify- to the county auditor of the county in which is located the original district to which such portion of the district embraced in the other county is attached, in addition to the tax levy above mentioned, a list and valuation of all property subject to taxation in such portion of such district embraced in the other county, as shown by the assessor making the assessment in such county, township or assessor's dis- trict, and the auditor shall enter such property upon the tax dupli- -cate of his county and leYj all school taxes upon the same, and the county treasurer of the county shall collect the taxes levied thereon the same as other taxes are collected and pay the same over to the treasurer of the district entitled thereto. § 722. Tax, how levied, how apportioned. Apportion- ment of delinquent taxes. 1. The county auditor of each county shall at the time of making the annual assessment and levy of taxes levy a tlax of one dollar on each elector in the county for the sup- port of common schools, and a further tax of two mills on the dol- lar on all taxable property in the county, to be collected at the same time and in the same manner as other taxes are collected, which shall be apportioned by the county superintendent of schools among the school districts of the county. 2. It shall be the duty of the county auditor on or before the third Monday in February, May, August and November in each year, to certify to the county superintendent of schools the amount of such county tuition fund, which the county superintendent of schools shall apportion among the several school districts in the same form and manner as provided for the apportionment of the state tuition fund. The county superintendent shall file with the ^■county auditor and the county treasurer a certified statement show- ing the amount apportioned to each district. 3. It shall also be the duty of the county auditor to certify at the time herein specified the amount of delinquent taxes collected for the special tuition fund prior to those levied for the year 1899, -which amounts shall be apportioned by the county superintendent =of schools as herein provided; and the county treasurer shall pay such amounts to the district treasurers the same as other special funds are paid. § 723. Maximum levy for final judgment. Taxes to be 'uniform. When any. final judgment shall be obtained against a STATE OF NORTH DAKOTA. 45, school district the board thereof shall levy a tax upon the taxable property of such district not exceeding in amount twenty mills on the dollar in any one year, which shall be used in the payment thereof. The county auditor shall make out, charge and extend upon the tax list against each description of real property and against all personal property', and upon all taxable property of the district, all such taxes for schools and judgments he is so notified, has been levied by the district in w^hich the pro])erty is situated and taxable, in the same manner in which the county and state tax list is prepared, and deliver it to the county treasurer at the same time. All taxes for school purposes shall be uniform upon the property within each school district. § 724. Statement of assessed valuation. Each assessor shall on or before the first day of July in each year furnish to the clerk of the school district, to the county superintendent of schools and to the county auditor a statement of the assessed valuation of all the property in such corporation subject to taxation. § 725. Indebtedness of district, how adjusted -when no legal school board exists. If any school district in the state has for one or more years past, either through failure to elect a school board or through failure of the county superintendent to appoint a school board, been without a legal school board or if here- after any school district through such failure to elect or to appoint such school board shall be without such legal school board and such district shall have an authorized indebtedness either in bonds, in- terest due on bonds or otherwise, it shall be the dut}^ of the county superintendent, the county treasurer and county auditor, acting as a board of adjusters, to assess upon the taxable property of such school corporation a tax not to exceed twenty mills on the dollar in any one year upon the assessed valuation thereof for the payment of the same. Which tax so levied shall be extended upon the tax lists by the countj^ auditor and be collected by the county treas- urer as other taxes are collected and shall be ai)plied upon and used for the payment of such indebtedness, and shall be paid to the cred- itors of such district upon the W'arrant of the county auditor coun- tersigned by the county superintendent, and all warrants, bonds,, interest coupons, receipted bills or accounts shall be filed in the office of the county auditor and in case such school corporation has a bonded indebtedness, it shall be the duty of such board of adjust- ers to levy a tax upon the property of such district sufficient to create a sinking fund for the redemption of such bonds upon the maturity of the same, such sinking fund to be levied and i)rovided for in compliance with the requirements of such bonds. Article 9. — YAeANCiES. § 726. Vacancy in office superintendent public instruc- tion filled by appointment. Should a vacancy occur iiLthe office- 46 GENERAL SCHOOL LAWS, cof the superintendent of public instruction, the governor shall have ^ower and it shall be his duty to fill such vacancy by appointment, v^hich appointment shall be valid until the next general election ;and until his successor is elected and qualified. § 727. Vacancy in office of county superintendent. .Should a vacancy occur in the office of county superintendent of schools, the board of county commissioners of such county shall have the power and it shall be their duty to fill such vacancy by ap- pointment, as provided by law, which appointment shall be valid until the next general election. The county auditor shall imme- diately notify the superintendent of public instruction of such ap- pointment. § 728. Vacancy in office of director or treasurer, how .filled. When any vacancy occurs in the office of director or treasurer of a school district by death, resignation, removal from the district, ,or otherwise, the fact of such vacancy shall be immediately certified to the county superintendent by the clerk of the district, and such superintendent shall immediately appoint in writing some compe- tent person, who shall qualify and serve until the next annua' school election. The county superintendent shall at .the same time notify the clerk of the school district and the county auditor of every such appointment. § 729. Vacancy in office of clerk, how filled. Should the office of clerk of a school district become vacant, the school board shall immediately fill such vacancy by appointment and the presi- dent of the board shall immdiately notify the county superintend- ent and the county auditor of such appointment. § 730. Office,When deemed vacant. Any office o£ a school district shall become vacant by resignation of the incumbent there- 4Df, but such resignation shall not take effect until a successor has qualified according to law. Any office of a school district shall be deemed vacant if the person duly elected thereto shall neglect or refuse for the period of two weeks after the beginnijig of the term for which he was elected, to accept and qualify for such office and serve therein. Any school officer may be removed from office by ?i court of competent jurisdiction, as provided by law. Article 10. — Equalization of Indebtedness. § 731. Equalization of indebtedness by arbitration. After the boundaries of a school district have been established, as provided for in this chapter, all school districts or parts of school districts that existed as school corporations, or as parts thereof be- fore the taking effect of this code and that are now included in one school district shall effect an equalization of property, funds on Tiand and debts, or whenever the boundaries of two or more dis- trict are rearranged, all districts affected by such change shall effect an equalization of .property, funds on hand and debts. To •effect this each school board of such corporation, constituting a STATE 01<' NORTH DAIvOiTA. 47 school district under the operation of this chapter, shall select one arbitrator, and the several arbitrators so selected, together with the county superintendent shall constitute a board of arbitration to effect such equalization. If in any case the number of arbi- trators, including the county superintendent, shall be an even num- ber, the county treasurer shall be included and be a member of such board. The county superintendent shall fix the time and place of such meeting. § 732. Tax to equalize and pay previous debts. Such board shall take an account of the assets, funds on hand, the debts properly and justly belonging to or chargeable to each corporation 'Or part of a corporation affected by such change, and levy such a tax against each as will in its judgment justly and fairly equalize their several interests. § 733. Maximum annual tax levy for such purposes. When the amounts to be levied upon the several corporations or parts of corporations mentioned in the preceding section shall bo fixed, a list thereof shall be made wherein the amount shall be set down opposite each corporation. The whole shall be stated sub- stantially in the form herein required for certifying school taxes and addressed to the county auditor, and shall be signed by a ma- jority of such board of arbitration ; such levy shall be deemed legal and valid upon the taxable property of each corporation; provided, however, that not more than fifteen mills thereof shall be extended against such taxable property in any one year, and such a levy not exceeding fifteen mills on the dollar shall be extended as in this section provided, from year to year, until the whole amount shall be so levied. The county auditor shall preserve such levies and shall extend the several rates from year to year, as above required by law for district taxes and the taxes shall be collected at the same time and in the same m.anner as other taxes are collected. § 734. Proceeds to be turned over to the respective dis- tricts. Opposite the several descriptions of proi)erty on the tax list shall be entered the school district within which it lies, and all the proceeds of these equalizing taxes shall be collected and paid over to the treasurer of the proper school district within which the prop- erty is situated. The proceeds of taxes upon parts of districts lying outside of the districts as at present constituted, with which they were equalized, shall be paid to the treasurer of the school district within which the property is situated, the same as hereinbefore pro- vided for regular taxes. § 735. Maximum tax levy for all school purposes. The taxes levied for purposes of equalization shall be, in addition to all •other taxes for school purposes; provided, that all taxes for school purposes, including such taxes for equalization, shall not exceed thirty mills on the dollar in any one year. The provisions of this article shall apply to and govern all school districts and parts of school districts hereafter divided or consolidated with each other. 48 GENERAL SCHOOL LAWS, or with other districts in the division uniting or apportionment of their debts and liabilities or property and assets. Article 11. — Examinations and Certificates. § 736. Examinations for teachers' certificates. The super- intendent of public instruction shall prepare or cause to be pre- pared all questions for the examination of applicants for teachers' certificates, both county and state, and shall prescribe rules for the conduct of all such examinations. § 737. Professional certificate, who entitled. He may issue a state certificate to be valid for life, unless sooner revoked, to be known as a professional certificate. Such certificate shall be issued only to those persons of good moral character, who pass a thorough examination in all the branches included in the courses of study prescribed for the comman and high schools of the state, including methods of teaching and such other branches as the sup- erintendent of public instruction may direct. Such certificates shall in no case be granted unless the applicant has had an exper- ience as a teacher of at least five years, and can satisfy the superin- tendent of his ability to instruct and properly manage any high school of the state. Such certificate shall be valid throughout the state, and the holder shall be authorized to teach in any of the com- mon or high schools of the state without further examination; pro- vided, that any person who is a graduate of the normal course in the university of North Dakota, or of the state normal schools of North Dakota, and has had three years successful experience after graduation as a teacher, may be granted such professional certifi- cate without further examination; provided, further, that if the holder of a professional certificate ishall at any time cease to teach or to be engaged in other active educational work for the space of three years, he shall be liable to a re-examination and to the can- cellation of his certificate, subject to such rules as may be pre- scribed by such superintendent. § 738. Normal certificate, who entitled. He may issue a state certificate, to be valid for a term of five years, unless sooner revoked, to be known as a normal certificate. Such certificate shall be issued only to those persons of good moral character, who have completed the prescribed course of study in one of the normal schools of the state, or in a normal school elsewhere having an es- tablished reputation for thoroughness, but the superintendent of public instruction may examine any such applicant in his discre- tion. Such certificate shall not be granted unless the applicant shall have taught school successfully for at least two years. Such certificate shall be valid throughout the state, and the holder shall be authorized to teach in any of the public schools of the state; pro- vided, that any person who is a graduate of the normal course in the university of North Dakota, or of the state normal schools of North Dakota, and who has had one year's successful experience- STATE OF NORTH DAKOTA. 49 after graduation as a teacher, may be granted such normal certifi- cate without further examination; provided, further, that a diploma from either of the normal schools, or the normal depart- ment in the university of North Dakota, shall for the period of tvi'o years after date of issue, be the equivalent of a first grade certifi- cate in any county in this state, if the party holding such diploma has the required age specified in section 742. § 739. Fee for certificate. Certificate, how revoked. The superintendent shall require a fee of five dollars from each appli- cant for a professional or normal certificate, which fee shall be used by him to aid in the establishment and maintenance of teachers' reading circles in the state. He shall revoke at any time any certifi- cate issued in the state, for any cause which would have been suf- ficient ground for refusing to issue the same had the cause existed or been known at the time it was issued. § 740. Examination of teachers by county superintendent. The county superintendent shall hold a public examination of all persons over eighteen years of age offering themselves as candidates for teachers of common schools at the most suitable place in the county, on the second Friday in March, and on the last Friday in May, August and October of each year, and when necessary, such examination may be continued on the following day, at which time he shall examine them by a series of written or printed questions, according to the rules prescribed by the superintendent of public instruction. If, from the percentage of correct answers required by the rules and other evidence disclosed by the examination, in- cluding particularly the superintendent's knowledge and informa- tion of the candidate's successful experience, if any, the applicant is found to be a person of good moral character, to possess a knowl- edge and understanding, together with aptness to teach and govern which will enable such applicant to teach in the common schools of the state the various branches required by law, such superin- tendent shall grant to such applicant a certificate of qualification. § 741. Teachers' grades, how established. Re-examina- tion, when allowed. Such certificates shall be of three regu- lar grades, the first grade for a term of three years, the second grade for a term of two years, and the third grade for one year, ac- cording to the ratio of correct answers of each applicant and other evidence of qualification appearing from the examination. No cer- tificate shall be granted unless the applicant shall be found pro- ficient in and qualified to teach the following branches of a common English education: Reading, writing, orthography, language les- sons and English grammar, geography, United States history, arith- metic, civil government, physiology and hygiene, and for a first and second grade can pass a satisfactory examination in theory and practice of teaching. In addition to the above, applicants for a first grade certificate shall pass a satisfactory examination in physi- cal geography, elements of natural philosophy, elements of psycho- 50 GENERAL SCHOOL LAWS, logy, elementary geometry and algebra. The percentage required to pass any branch shall be prescribed by the superintendent of public instruction. In addition to these regular grades of certifi- cates, the county superintendent may grant permission to teach until the next regular examination to any person applying at any other time than at a regular examination, who can show satisfac- tory reasons for failing to attend such examination, subject to such rules and regulations as may be prescribed by the superintendent of public instruction. Such permit shall mot be granted more than once to any person. The written answers of all candidates for county certificates, after being duly examined by the county super- intendent, shall be kept by him for the space of six months after such examination, and any candidate thinking an injustice has been done him, may by paying a fee of two dollars into the institute fund of the county and notifying both the county (superintendent and the superintendent of public instruction of the same, have his papers re-examined by the superintendent of public instruction. The county superintendent shall on receipt of such notice from such complaining candidate transfer such papers to the superintendent of public instruction, who shall examine such answers, and, if such answers warrant it, shall instruct the county superintendent to is- sue to such candidate a county certificate of the proper grade, and the county superintendent shall carry out such instructions. § 742. Qualifications of teachers. Contracts, when void. No certificate or permit to teach shall be issued to any person under eighteen years of age, and no first grade certificate shall be issued to any person under twenty years of age, and who has not taught successfully twelve school months; and no person shall be allowed to teach more than fifteen school monthson a third grade certificate. The certificate so issued by a county superintendent shall be valid only in the county where issued; provided, that a first grade certifi- cate may be renewed once without examination at the discretion of the county superintendent, upon payment of the proper fee for the institute fund as provided in the case of examination; provided, further, that a first grade certificate shall be valid in any county of the state when indorsed by the county superintendent of such ■county. No person shall be employed or permitted to teach in any ■of the public schools of the state, except those in cities organized for school purposes under special laws, who is not the holder of a law- ful certificate of qualification,, or permit to teach; provided, further, that no certificate or permit to teach in the schools of the state :shall be granted to any person not a citizen of the United States, unless such person has resided in the United States for one year last prior to the time of such application for certificate or permit. Any contract made in violation of this section shall be void. § 743. Fee for certificate. Each applicant for a county certificate shall pay one dollar to the county superintendent, which shall be used by him in support of teachers' institutes in the county, or in the support of teachers' training schools. STATE OF NORTH DAKOTA. 5t § 744. Certificates, when revocable. The county superin- tendent is autliorized and required to revoke and annul at any time a certificate granted by him or his predecessor for any cause which would have authorized or required him to refuse to grant it if known at the time it was granted, and for incompetency, immoral- ity, intemperance, cruelty, crime against the law of the state, re- fusal to perform his duty, or general neglect of the business of the school. The revocation of the certificate shall terminate the em- ployment of such teachfer in the school where he may be at the time employed, but such teacher must be paid up to the time of receiv- ing notice of such revocation. The superintendent must immediately notify the clerk of the school district where such teacher is em- ploj'ed and he may notify the teacher through the clerk of such re- vocation, and must enter his action in such case in the books of record in his office. § 745. Proceedings to revoke. Teachers allo"wed defense. In proceedings to revoke a certificate the county superintendent may act upon his personal knowledge or upon competent evidence obtained from others. In the latter case, action shall be taken only after a fair hearing, and the teacher must be notified of the charge and given an opportunity to make a defense at sucli time and place as may be stated in such notice. Upon his own knowledge the sup- erintendent may act immediately without notice, after an oppor- tunity has been afforded such teacher for personal explanation. When any certificate is revoked the teacher shall return it to the superintendent, but if such teacher refuses or neglects so to do the superintendent may issue notice of such revocation by publication in some newspaper printed in the county. Article 12. — Duties of Teachers. § 746. Give notice of opening and closing school. Each teacher on commencing a term of school shall give written notice to the county superintendent of the time and place of beginning such school and the time when it will probably close. If such school is to be suspended for one week or more in such term, the teacher shall notify the county superintendent of such suspension. § 747. When teacher not entitled to compensation. No teacher shall be entitled to or receive any compensation for the time he teaches in any public school without a certificate valid and in force for such time in the county where such school is taught, except that if a teacher's certificate shall expire by its own limita- tion within six weeks of the close of the term, such teacher may finish such term without re-examination or renewal of such certifi- cate. § 748. Teacher's register, what to contain. Each teacher shall keep a school register, aud at the close of each term make a report, containing the number of visits of the county superintend- ent, and such items and in such form as shall be required. Such 52 GENERAL SCHOOL LAWS, report shall be made in duplicate, both copies of which shall be sent to the county superintendent, who, if he finds such report to be cor- rect, shall immediately return one copy to the district clerk, same to be filed with him. No teacher shall be paid the last .month's wages in any term until such report shall have been approved by the county superintendent and one copy returned to the district clerk. § 749. School year and school week defined. Holidays. The school year shall begin on the first day of July and close on the thirtieth day of June of each year. A school week shall consist of five days and a school month of twenty days. No school shall be taught on a legal holiday nor on any Saturday. A legal holiday in term time falling upon a day which otherwise would be a school day shall be counted and the teacher shall be paid therefor, but no teacher shall be paid for Saturday, nor be permitted to teach on Saturday, to make up for the loss of a day in the term, § 750. Branches to be taught in all schools. Each teacher in the common schools shall teach pupils when they are sufficiently advanced to pursue the same, the following branches: Orthography, reading, spelling, writing, arithmetic, language lessons, English grammar, geography. United States history, civil government, phy- siology and hygiene, giving special instruction concerning the na- ture of alcoholic drinks, stimulants and narcotics, and their effect upon the human system ; physiology and hygiene and the nature of alcoholic drinks, stimulants and narcotics, and their effect upon the human system shall be taught as thoroughly as any branch is taught by the use of a text book to all pupils able to use a text book who have not thoroughly studied that branch and orally to all other pupils. When such oral instruction is given as herein required, a sufficient time, not less than fifteen minutes, shall be given to such oral instruction for at least four days in each school week. Each teacher in special school districts and in cities organized for school purposes under special law shall conform to and be governed by the provisions of this section. § 75 1. Teachers' institutes and teachers' training schools, how noticed. Penalty for failure to attend. When a teachers' institute or teachers' training school is appointed to be held in or for any county it shall be the duty of the county superintendent to give written or printed notice thereof to each teacher in the pub- lic schools of the county, and as far as possible to all others not then engaged in teaching, who are holders of teachers' certificates, at least ten days before the opening of such institute or teachers' training school of the time and place of holding it. Each teacher receiving such notice, engaged in teaching a term of school which includes wholly or in part the time of holding such institute or teachers' training school, shall close school and attend the same and shall be paid by the school board of the district his regular wages as teacher for the time he attended such institute or teachers' train- STATE OF NORTH DAKOTA. 53 ing school, as certified by tlie county superintendent, but no teacher shall receive pay unless he has attended four consecutive days, nor shall any teacher receive pay for more than five days. The county superintendent may revoke the certificate of any teacher in his count}^ for inexcusable neglect Oi' refusal, after due notice, to attend a teachers' institute or teachers' training school held for such county. The provisions of this section shall not apply to high school teachers, nor to teachers in cities organized for school pur- poses under a special law, nor to teachers in cities organized as in- dependent districts under the provisions of this chapter. § 752. Pupil may be suspended for cause. A teacher may suspend from school for not more than five days an}^ pupil for in- subordination or habitual disobedience, or disorderly conduct. In such case the teacher shall give immediate notice to the parent or guardian of such pupil, also to some member of the district school board of such suspension and the reason therefor. § 753. Assignment of studies to pupils. It shall be the duty of the teacher to assign to each pupil such studies as he is qualified to pursue, and to place him in the proper class in any studies subject to the provisions in section 750; provided, that in a graded school under the charge of a principal or local superintend- ent, such principal or superintendent shall perform this duty. In case any parent or guardian is dissatisfied with such assignment or classification, the matter shall be referred to and decided by the county superintendent. § 754. Bible not sectarian book, reading optional -with pupil. The Bible shall not be deemed a sectarian book. It shall not be excluded from any public school. It may at the option of the teacher be read in school without sectarian oorament, not to exceed ten minutes daily. No pupil shall be required to read it nor be present in the school room during the reading thereof contrary to the wishes of his parents or guardian or other person having him in charge. Moral instruction tending to impress upon the minds of pupils the importance of truthfulness, temperance, purity, public spirit, patriotism, and respect for honest labor, obedience to parents and due deference for old age, shall be given by each teacher in the public schools. § 754<'7. Physical education. Physical education, which shall aim to develop and discipline the body and promote health through systematic exercise, shall be included in the branches of study re- quired by law to be taught in the common schools, and shall be introduced and taught as a regular branch, to all pupils in all de- partments of the public schools of the state, and in all educational institutions supported wholly or in part by money from the state. It shall be the duty of all boards of education and boards of educa- tional institutions, receiving money from the state, to make provis- ion for daily instruction in all the schools and institutions under their respective jurisdiction, and to adopt such method or methods 54 GENERAL SCHOOL LAWS. as will adapt progressive physical exercise to tlie development, health and discipline of the pupils in the various grades and classes of schools and institutions receiving aid from the state. Article 13. — Institutes, Associations and Reading Circle. § 755. Teachers' county institute fund. All money re- ceived by the county superintendent from examination fees for the county institute fund, and all money paid into this fund from the county general revenue fund, shall be used by him to aid in the sup- port of teachers' institutes or teachers' training schools, to be held w^ithin or for the county and to pay necessary expenses incurred therein. The county superintendent shall present an itemized statement, duly verified, to the county auditor for the amount of all such necessary expenses and the auditor shall issue a warrant therefor as provided by law. Tlie county superintendent shall, at the end of each year, submit a full and accurate statement of the receipts and expenditures of these funds, under oath, to the super- intendent of public instruction. § 756. Appropriation for institute fund. Designation of conductors. There is hereby appropriated out of any funds in the state treasury, not otherwise appropriated, the sum of fifty dollars each year to each organized county in the state in which there are ten or more resident teachers, which shall be designated as the .state institute fund and which shall be used exclusively in employing })ersons of learning, ability and experience ,as conductors of teach- ers' institutes, and the further sum of ten cents a mile for the dis- tance actually and necessarily traveled by a lecturer for such insti- tute. The superintendent of public instruction after consultation with the countj^ (superintendents as to the special needs and wants of their respective counties, shall appoint the time, place and dura- tion of these institutes and shall designate the persons to act as conductors of and lecturers at such institutes, as in his judgment the needs of the various counties demand. § 757. Institute funds, how paid out. It shall be the duty of the county superintendent in all cases to consult with the super- intendent of public instruction in reference to the management of such institute or teachers' training 'school, and he shall carry out the suggestions of such superintendent as to the modes of instruc- tion. No salary shall be paid to any conductor or instructor not previously appointed or employed as herein provided. The money hereby appropriated from the state treasury for the support of teachers' institutes or teachers' training schools shall be paid to the persons to whom it is due by warrant of the state auditor upon the state treasurer, which shall be issued upon the presentation of an account in due form receipted by the person to whom due and ap- proved by the superintendent of public instruction; provided, that no county shall receive more than ten dollars from such appropria- tion for the payment of conductor's salary for each day its insti- STATE OF NORTH DAKOTA. 55 tute is in session; provided, that the state and county institute funds specified by sections 756 and 755, and the appropriation speci- fied by section 758 of one or more counties may be applied to the support of a teachers' training school for such county or counties at the request of the county superintendent for such county or coun- ties, with the consent and under the direction of the superintendent of public instruction; provided, further, that in aoy county where a teachers' training school of not less than three weeks' dura- tion is held, the conductor of such training school shall file a certi- fied statement with the county auditor specifying time and place of such teachers' training school, and also certifying the total number of schools in said county as reckoned in determining the county sup- erintendent's salary. The count}- auditor shall file a copy of said statement with the county treasurer who shall, thereupon, trans- fer from the county general revenue fund to the county institute fund, the sum of two dollars for each, school in the county, as per certified statement filed with the county auditor. § 758. County commissioners may aid institutes. The money assigned for any particular institute may be added to any fund furnished for the purpose by any county, and the institute ex- tended as long as the entire fund will allow. If a sufiicient county fund is not otherwise provided, the board of county commissioners may appropriate not more than fifty dollars in any county each year in aid of institutes. The superintendent of public instruction may require a statement of the amount of funds the county has on hand for this jjurpose at any time. Article 14.- — Compulsory Attendance. § 759. School age. Who exempt from compulsory at- tendance. Every parent, guardian or other person having control of an}' child between eight and fourteen years of age, shall be required to send such child to a public school in the district, city or village in which he resides at least twelve weeks in each school year, six weeks of which shall be consecutive; and every parent, guardian or other person, having control of any deaf child or youth between seven and twenty-one years of age, shall be required to send such child to the school for the deaf at the city of Devils Lake, for at least eight months in each school year; provided, that such parent, guardian or other person having control of any child shall be ex- cused from such duty by the school board of the district or the board of education of the city or village, whenever it shall be shown to their satisfaction, subject to appeal as provided by law, that one of the following reasons therefor exists: 1. That such child is taught for the same length of time in a private school, approved by such board; but no school shall be ap- proved by such board uniess the branches usually taught in the public schools are taught in such school. 2. That such child has already acquired the branches of learning taught m the public schools. 56 GBNEiRAL SCHOOL DAWS, 3. That such child is in such a physical or mental condition (as declared by the county physician if required by the board), as to render such attendance inexpedient or impracticable. If no school is taught the requisite length of time within two and one-half miles of the residence of such child by the nearest route, such attendance will not be enforced but this provision shall not apply to deaf children in the state. The common schools provided for in this chapter shall be at all times equally free, open and accessible to all children over six and under twenty years of age, residents of the school districts where they are held, or entitled to attend school under any special provisions of this chapter, subject to the regula- tions herein made and to such regulations as the several school boards and boards of education may prescribe equitably and justly and not in conflict with the provisions of law. § 760. Penalty. Any such parent, guardian or other person failing to comply with the j^equirements of the foregoing section, shall upon conviction thereof be deemed guiltj^ of a misdemeanor, and shall be fined in a sum not less than five nor more than twenty dollars for the first offense and not less than ten dollars nor more than fifty dollars for the second and every subsequent offense with costs in each case. § 761. Prosecution for neglecting this duty. It shall be the duty of the president of the board of education of any city, town or village, or the president of the school board of any dis- trict, to inquire into all cases of neglect of the duty prescribed in this article and ascertain from the person neglecting to perform such duty, the reason therefor, if any, and shall forthwith proceed to secure the prosecution of any offense occurring under this article, and any such president neglecting to secure such prosecution for such offense within fifteen days after a written notice has been served by any taxpayer in such city, town, village or district, or by the county superintendent in such county, unless such person so complained of shall be excused by the board of education or school board for one of the reasons hereinbefore stated, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than five nor more than twenty dollars. § 762. Child labor prohibited during school hours. No child between eight and fourteen years of age shall be employed in any mine, factory or workshop or mercantile establishment, or, ex- cept by his parents or guardian, in any other manner, during the hours when the public schools in the city, village or district are in session, unless the person employing him shall first procure a certi- ficate from the superintendent of schools of the city or village, if one is employed, otherwise from the clerk of the school board or board of education, stating that such child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance as provided in section 759; and it shall be the duty of such superintendent or clerk to furnish such STATE OF XOETH DAKOTA. 57 ■certificate upon application of the parent, guardian or other per- sons having control of such child, entitled to the same. § 763. Penalty for violation. Each owner, superintendent or overseer of any mine, factory, workshop or mercantile establish- ment, and any other person who shall employ any child between •eight and fourteen years of age contrary to the provisions of this article, is guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense in a sum not less than twenty nor more than fifty dollars and costs. Each person authorized to sign a certificate as prescribed in the preceding section, who certifies to any materially false statement therein, shall be fined not less than twenty nor more than fifty dollars and costs. § 764. Prosecutions, how brought. Prosecutions under this article shall be brought in the name of the state or North Dakota before any court of competent jurisdiction, and the fines collected shall be paid over to the county treasurer and by him credited to the general school fund of the state. Article 15. — Fines, Forfeitures and Penalties. § 765. Penalty for neglect of duty by school director, treasurer or clerk. Each i^erson duly elected to the office of direc- tor, treasurer or clerk of any district, who, having entered upon the duties of his office, shall neglect or refuse to perform any duties required of him by the provisions of this chapter shall upon convic- tion be fined in the sum of ten dollars, and his office shall be deemed vacant. § 766. Penalty for false election returns. Any judge or clerk of election, school district clerk or county auditor who will- fully violates the provisions of this chapter in relation to elections or who willfully makes a false return shall upon conviction be deemed guilty of a felony. § 767. Speculation in ofl&ce prohibited. No school officer •shall personally engage in the purchase of any school bonds or war- rants, nor shall any such officer be personally interested in any con- tract requiring the expenditure of school funds, except for the pur- chase of fuel and such supplies as are in daily use, but not includ- ing furniture, or the expenditure of funds approj)riated by the state, county, school corporation or otherwise for any school [)urpose con- nected with his office. Any violation of this section shall be a misdemeanor. § 768. Penalty for unlawful draw^ing of school money. Any person who draws money from the county treasury', who is not at the time a duly qualified treasurer of the school corporation for which he draws the money and authorized to act as such, shall be guilty of a misdemeanor and shall upon conviction thereof be pun- ished by a fine of not less than twenty-five dollars. § 769. Use of school funds. When embezzlement. Each treasurer who shall loan any portion of the money in his hands be- 58 GENERAL SCHOOL LAWS, longing to any school district, whether for consideration or not, or who shall expend any portion thereof for his own or any other per- son's private use, is guilty of embezzlement, and no such treasurer shall pay over or deliver the school money in his hands to any officer or person or to any committee to be expended by him or them; but all public funds shall be paid out only by the proper treasurer as hereinbefore provided. § 770. Action to recover money when treasurer fails to pay over. If any person shall refuse or neglect to pay over any money in his hands as treasurer of a school district to his succes- sor in office his successor must, without delay, bring action upon the official bond of such treasurer for the recovery of such money. § 771. Penalty, when indorsement of unpaid w^arrants is not made. Any violation by a district treasurer of the provisions of this chapter requiring indorsement of warrants not paid for want of funds, and the payment thereof in the order of presentation and indorsement, is a misdemeanor punishable by a line not exceeding one hundred dollars. § 772. Penalty for false reports. Each clerk or treasurer of a district who willfully signs or transmits a false report to the county superintendent or willfully signs, issues or publishes a false statement of facts purporting or appearing to be based upon the books, accounts or records, or of the affairs, resources and credit of the district shall upon conviction be punished by a fine not ex- ceeding fifty dollars or by imprisonment in the county jail not ex- ceeding fifteen days. § 773. Penalty for willful disturbance of public schooL Each person, whether pupil or not, who willfully molests or dis- turbs a public school when in session or who willfully interferes with or interrupts the proper order or management of a public school by act of violence, boisterous conduct or threatening lan- guage, so as to prevent the teacher or any pupil from performing his^ duty, or who shall in the presence of the school or school children upbraid, insult or threaten the teacher shall upon conviction thereof be punished by a fine not exceeding twenty-five dollars or by im- prisonment in the county jail for a period not exceeding ten days, or by both. § 774. Proposals for contracts. No contract, except for teachers' or janitors' wages, involving the expenditure of school funds or money appropriated for any purpose relating to the educa- tional system of this state or any county, district or school corpo- ration therein, when the amount exceeds one hundred dollars, shall be let until proposals are advertised for, and after such advertise- ment, only to the lowest responsible bidder. Any violation of this section shall be a misdemeanor. Article 16. — Bonds. § 775. School bonds, how issued. Whenever a duly con- STATE OF NORTH DAKOTA. stitiited school district, including independent school districts, in any organized county in the state at any regular or special meeting held for that purpose, shall determine by a majority vote of all the qualified voters of such school district present at each meeting and voting, to issue school district bonds for the purpose of building and furnishing a school house and purchasing grounds on which to- locate the same, or to fund any outstanding indebtedness, or for the purpose of taking up any outstanding bonds, the district schooH board may lawfully issue such bonds in accordance with the pro- visions of this article. § 776. Notice of election to vote bonds. Before the ciues- tion of issuing bonds shall be submitted to a vote of the school district, notices shall be posted in at least three public and conspic- uous places in such district, stating the time and place of such meeting, the amount of bonds proposed to be issued and the time in which they shall be made payable. Such notices shall be posted', at least twenty days before the meeting, and the voting shall be- done by means of written or printed ballots, and all ballots de- posited in favor of issuing bonds shall have thereon the words "for issuing bonds," and those opposed thereto shall have thereon the- words "against issuing bonds," and if a majority of all the votes- cast shall be in favor of issuing bonds the school board, through it* proper oflScers shall forthwith issue bonds in accordance with such- vote; but if a majority of all votes cast are against issuing bonds- then no further action can be had and the question shall not be-^ again submitted to a vote for one year thereafter, except for a dif- ferent amount; provided, that the question of issuing bonds shall not be submitted to a vote of the district and no meeting shall be- called for that purpose until the district school board shall have- been petitioned in writing by at least one-third of the voters of the-^ district. § 777. Bonds, denomination of. Interest. Limit of issue„ The denomination of the bonds which may be issued under the provisions of this article shall be fifty dollars or some multiple of fifty, not exceeding five hundred dollars, and shall bear interest at the rate of not exceeding seven per cent per annum, payable, semi- annually on the first day of January and July in each year, in ac- cordance with interest coupons which shall be attached to such- bonds; and no greater amount than one thousand dollars can be issued for any one school house except in towns and villages of more than two hundred inhabitants, and in such districts the amount, including all other indebtedness, shall not exceed five per cent of its assessed valuation, and may be made payable in not less than ten, nor more than twenty years from their date. §778. Bonds, record of to be kept. Whenever any bonds are issued under the provisions of this chapter they shall be litho- graphed or printed on bond paper and shall state upon their face the date of their issue, the amount of the bonds to whom and for- 4)0 GENERAL SCHOOL LAWS, what purpose issued, also the time and place of payment and the rate of interest to be paid. Thej^ shall have printed upon the mar- ,:gin the words "Authorized by article 16 of chapter 9 of the political "Code of North Dakota of 1899." Immediately after the issuing of school bonds pursuant to this chapter the clerk of the school dis- trict so issuing its bonds shall file with the county auditor of the ■county in which such district is situated, certified copies of all the proceedings had in such district relative to the issuing of such -bonds and also a statement of theamount of the indebtedness of such school district; and before any of the bonds are disi)osed of they «hall be presented to the county auditor of the county in which the school district issuing the same is situated. He shall carefully ex- amine the records of the proceedings of such school district upon the question of issuing such bonds as the same are filed with him as hereinbefore directed, and shall satisfy himself by the evidence thus furnished whether or not all the laws of the state relative to the is- ;suing of such bonds have been complied with. If satisfied that they have been and that the bonds in question have been legally is- <-sued, he shall in a book kept for such purpose preserve a register of -«each bond showing in separate columns the name of the school dis- trict issuing the bonds, the number of such bonds, the denomina- tion thereof, the date of their issue, the date when they will mature, "the names of the school officers executing the same and such other ■facts as may be pertinent, and he shall then indorse on each of such bonds the following certificate: State of North Dakota, •Oounty o£. ^ I, , county auditor, do hereby certify that the within bond is issued pursuant to law and is within the debt limit pre- scribed by the constitution of the state of North Dakota, and in ac- cordance with the vote of school district, at a (regular or special) meeting held on the day 'Of , A. D. 189 . . , to issue bonds to the amount of <lollars, and is a legal and valid debt of such school district; that fsuch bonds are duly registered in this ofiice and that such school district is legally organized and the signatures aifixed to such ■bonds are the genuine signatures of the proper officers of such ;school district. The blanks shall be filled according to the facts and the cer- tificate officially signed by the county auditor and attested by his ■official seal. Such bonds shall be signed by the president and clerk of the school board and shall be registered in a book to be kept by the clerk for that purpose in which shall be entered the number, date and name of the person to whom issued and the date when the .'Same will become due. § 779. Sinking- fund and interest tax. In addition to the vamount that may already be assessed under existing laws, there .shall be levied upon the taxable property of the school district so is- STATE OF NORTH DAKOTA. 51. suing bonds at or before their issuance, and collected as other taxes- are colle(^ted, a sum suthcient, not exceeding five mills on the dollar of assessed valuation of such districts, to pay interest upon such bonded indebtedness, and after five j-ears in like manner a further tax not exceeding two mills on the dollar for a sinking fund to be used in payment of such bonds when they become due and for no other purpose, except that whenever there are sufficient funds on hand, belonging to such sinking fund, the school board may, in its discretion, purchase any of the outstanding bonds at their market value and pay for the same out of such sinking fund; provided, that the school district board may designate one or more national or state banks in its county for a depository for such sinking fund, and in such case the school board shall advertise for at least two weeks in some newspaper printed in the county for sealed pro- posals for the deposit of the sinking fund of such school district, reserving the right to reject any and all bids, and satisfying itself of the responsibility of all banks proposing to act as depositories. Before any bank shall be designated as such depository, it shall present to the school board a sealed proposal stating in w'riting what rate of interest will be paid for the deposit of such sinking fund, and shall submit to the board for its approval, a bond payable to the school district conditioned for the safe keeping and repay- ment of any funds deposited in such bank, which bond shall be signed by not less than three freeholders of the county as sureties, such bond to be in the sum required by the school board, but in no case less than double the probable amount of funds to be deposited in such bank. The approval of such bond shall be indorsed thereon by the board and deposited with the county auditor, and any bank whose bond shall have been so approved shall thereupon be desig- nated by the school board as a depository for the sinking fund, and shall continue as such, until such time as the board shall readvertise for bids as aforesaid, or until such funds are needed for the pay- ment or purchase of bonds as provided in this section. When the sinking fund of any school district is deposited by the school treas- urer in the name of the school district in such depository, such treasurer and his sureties shall be exempt from all liability thereon by reason of loss of any such funds from the failure, bankruptcy or any other act of any such bank, to the extent only of such funds in the hands of such bank or banks at the time of such failure or bankruptcy. Such depository shall furnish to the school district clerk prior to the fifth day of July of each year, a verified statement of the school district's account with such depository for the year ending June thirtieth, which statement shall show a credit to such deposit account of all sums of interest accruing on the sinking fund deposited. § 780. Bonds, how negotiated. When any bonds shall be issued under the provisions of this article, the school district treas- urer shall have authority to negotiate and sell such bonds for not 62 GENERAL SCHOOL LAWS, less than par, and the said school district treasurer shall apply the proceeds arising from the sale of such bonds only for the purpose of building and furnishing a school house and purchasing grounds -on which the said school house shall be located, or to fund any out- standing indebtedness, or for the purpose of taking up any out- standing bonds, as provided by section 775 of this article. § 781. County auditor may levy tax to pay bonds, •when. When any school board neglects or refuses to levy a tax in accord- ance with law to meet outstanding bonds or the interest thereon, the county auditor shall have power to levy such tax and when col- lected to apply the proceeds to the payment of such coupons and bonds. § 782. Canceled bonds, record of. When the bonds of any school district shall have been paid by the school board they shall be canceled by writing or printing in red ink the words "canceled and paid" across each bond and coupon, and the date of paymeat and amount paid shall be entered in the clerk's register against the proper number of the bonds, and the bonds so canceled shall be filed in the office of the district treasurer until all the outstanding bonds are paid, when they shall be destroyed in the presence of the full board. § 783. Proposals for building school houses. When any school house is built with funds provided for in the manner herein authorized, the school board shall advertise at least thirty days in some newspaper printed in the county, or by posting notices for the same length of time in at least three of the most public and consjiic- uous places, if no newspaper is published in the county, for sealed proposals for building and furnishing such school house in accord- ance with plans and specifications furnished by the school board, reserving the right to reject any and all bids, and if any of the pro- posals shall be reasonable and satisfactory such board shall award the contract to the lowest responsible bidder and shall require of such contractor a bond in double the amount of the contract, con- ditioned that he will properly account for all money and property of the school district that may come into his hands and that he will perform the conditions of his contract in a faithful manner and in accordance with its provisions ; and in case all the proposals are re- jected, such board shall advertise anew in the same manner as be- fore until a reasonable bid shall be submitted. § 784. Provisions of this article, how applicable. The provisions of this article shall be applicable to and authorize the is- suance of bonds by such school districts as have already built school houses and issued orders or warrants therefor and any such school district may vote to bond the indebtedness incurred by rea- son of building and furnishing a school house and purchasing a site for the same and bonds may be issued in the same manner as here- inbefore provided for building and furnishing school houses. STATE OF NORTH DAKOTA. 63 Article 17. — Special Districts. § 785. Cities governed by the provisions of this article. All cities and incorporated towns and villages which have here- tofore been organized under the general school laws, and which me provided with a board of education, shall be governed b}^ the provisions of this article. Any city or incorporated town or vil- lage having a population of over two hundred inhabitants may be constituted a special school district in the manner hereinafter pre- scribed, and shall then be governed by the provisions of this ar- ticle; provided, that any city heretofore organized for school pur- poses under a special act, may adopt the provisions of this article, by a majority vote of the voters therein, in the same manner as is provided for the organization of a new corporation under the pro- visions of this article. § 786. Adjacent territory, how attached for school purposes. When any city, town or village has been organized for school purposes and provided with a board of education under any general school law, or a special act, or under the provisions of this article, territory outside the limits thereof but adjacent thereto, may be attached to such city, town or village for school purposes by the board of education thereof upon application in writing signed by a majority of the voters of such adjacent territory; and upon such application being made, if such board shall deem it proper and to be the best interests of the school of such corpora- tion and of the territory to be attached, an order shall be issued by such board attaching such adjacent territory to such corpora- tion for school purposes, and the same shall be entered upon the records of the board. Such territory shall from the date of such order be and compose a part of such corporation for school purposes only; such adjacent territory shall be attached for voting purposes to such corporation, or if the election is held in wards, to the Avard or wards or election precinct or precincts, to which it lies adjacent; and the voters thereof shall vote only for school officers and upon school questions; provided, the county commissioners may detach such adjacent territory from any special district and attach to any adjacent school or special district or districts upon petition to do so, signed by three-fourths of the legal v'oters of such adjacent ter- ritory, and all assets and liabilities shall be equalized according to section 731. § 787. Name of body corporate. Every such district shall be a body corporate for school purposes by the nauie of "The board of education of the city, town or village (as the case may be) of (here insert the corporate name of the city, town or vil- lage) of the state of North Dakota," and shall possess all the powers and duties usual to corporations for public purposes or conferred upon it by this article or which may hereafter be conferred upon it by law; and in such name it may sue and be sued, contract and be contracted with, and hold and convey such real and personal prop- 64 GENERAL SCHOOL LAWS, erty as shall come into its possession by will or otherwise; and it shall procure and keep a corporate seal by which its official acts- may be attested. § 788. Conveyance of school property, ho"w executed. Any such city or incorporated town or village is authorized and re- quired, upon the request of the board of education, to convey to such board of education all property within the limits of any such corporation heretofore purchased by it for school purposes and now held and used for such purposes, the title to which is vested in any such civil corporation. All conveyances for such property shall be signed by the mayor or president of the board of trustees and at- tested by the clerk of such corporation, and shall have the seal of the corporation affixed thereto and be acknowledged by the mayor or president in the same manner as other conveyances of real estate^ § 789. Special school districts, how organized. When a petition signed by one-third of the voters of a city, incorporated town or village or a school district, in which is located a city or in- corporated town or village entitled to vote at such election, is pre- sented to the council or trustees of such city, incorporated town or village or school district, asking that such city, incorporated town or village or school district be organized as a special school dis- trict, such council or board of trustees shall within ten days order an election for such purpose, notice of which shall be given, and the election conducted and the returns made in the manner provided by law for the annual school election; and the voters of such city, incorporated town -or village or school district shall vote for or against organization as a special school district at such election. § 790. Election of board of education. If a majority of the votes cast at such election is for organization as a special school district, another election shall be called in the same manner as is prescribed in the foregoing section, at which the voters of such city^ incorporated town or village or school district shall elect five mem- bers of the board of education, two of whom shall serve until the first annual election, two until the second annual election, and one until the third annual election thereafter, and until their successors- are elected and qualified, and their respective terms shall be deter- mined by lot. § 791. Terms of oJBBce. Quorum. The board of education of each special district shall consist of five members who shall be elected by the legal voters thereof and who shall hold their office for the term of three years and until their successors are elected and qualified, except as provided for first elections under this arti- cle, and three members shall constitute a quorum for the trans- action of business at any legal meeting. § 792. Members not to be interested in school contracts^ The members of such board shall receive no compensation, and shall not be interested, directly or indirectly, in any contract for making any improvements or repairs or for erecting any buiMing or for furnishing any material or supplies for their district. STATE OP NORTH DAKOTA. 65 § 793. Annual and special meetings of board. The annual meeting of such board of education shall be held on the second Tuesday in eTuly following the annual election, at which time the newly elected members shall assume the duties of their office. Each board shall meet for the transaction of business as often as once in each calendar month thereafter and may adjourn for a shorter time. Special meetings may be called by the president or in his absence by any two members of the board by giving a per- sonal notice to each member of the board or by causing a written or printed notice to be left at his last place of residence at least forty-eight hours before the time of such meeting. § 794. Organization of board. At the annual meeting on the second Tuesday in July of each year such board of education shall organize by electing a president from among its members who shall serve for one year; and they shall also elect a clerk, not one of their own number, who shall hold his office during the pleasure of the board and receive such compensation for his services as shall be fixed by the board. In the absence of the president at any meet- ing, a president pro tempore may be elected by the board. § 795. Duties of president. The president shall preside at all meetings of the board, appoint all committees whose appointment is not otherwise provided for and sign all warrants ordered by the board to be drawn upon the treasurer for school moneys and per- form other acts required by law. §796. Duties of clerk. Records. The clerk shall keep a true record of all the proceedings of the board, take charge of its books and documents, countersign all warrants for school moneys drawn upon the treasurer by order of the board and affix the corporate seal thereto and perform such other duties as the board may require. The records, books, A'ouchers and papers of the board shall be open to examination by any taxpayer of the district. Such record or a transcript thereof certified by the clerk and attested by the seal of the board, shall be received in all courts as prima facie evidence of the facts therein set forth. § 797. Powers and duties of board. Each board of educa- tion shall have power and it shall be its duty: 1. To establish a system of graded common schools, which shall be free to all children of legal school age, residing within such special district, and shall be kept open not less than six nor more than ten months in any year. 2. To establish and maintain such schools in its city, town or village as it shall deem requisite or expedient and to change or dis- continue the same. 3. To establish and maintain a high school, whenever in its opinion the educational interests of the corporation demand the same, in which such courses of study shall be pursued as shall be prescribed or approved by the superintendent of public instruction, together with such additional courses as such board of education may thereafter deem advisable to establish. 66 GBNEiRAL SOHOOiL LAWS, 4. To purchase, sell, exchange and hire school houses and rooms, lots or sites for school houses, and to fence and otherwise improve them as it deems proper. 5. Upon such lots and upon such sites as may be owned by such special district to build, alter, enlarge, improve and repair school houses, outhouses and appurtenances as it may deem advisable. 6. To purchase, sell, exchange, improve and repair school ap- paratus, text books for the use of the pupils, furniture and append- ages and to provide fuel for the schools. 7. To have the custody of all school property of every kind and to see that the ordinances and by-laws of the city or village in rela- tion thereto are observed. 8. To contract with, employ and pay all teachers in such schools and to dismiss and remove for cause any teacher whenever the in- terests of the school may require it; but any such teacher shall be required to hold a certificate to teach, issued by the county super- tendent or the superintendent of public instruction, and if any such teacher holds only a county certificate the board may impose such further requirements as the best interests of the several grades may require. No person who is a relative of any member of the board shall be employed as teacher without the concurrence of the entire board. 9. To employ, should it deem expedient, a competent and dis- creet person as superintendent of schools and to fix and pay a proper compensation therefor, and such superintendent may be required to act as principal or teacher in such school. 10. To defray the necessary and contingent expenses of the board, including the compensation of its clerk. 11. To adopt, alter and repeal, whenever it may deem expedient, rules and regulations for organizing, grading, government and in- struction and the reception of pupils, their suspension and expul- sion and their transfer from one school to another. But no pupil «hall be suspended or expelled except for insubordination, habitual disobedience or disorderly conduct; such suspension shall not be for a longer period than ten days, nor such expulsion beyond the end of the current term of school. 12. Each member shall visit, at least twice in each year, all the public schools in the city or village. 13. To make a report on July first, or as soon thereafter as prac- ticable, of the progress, prosperity and condition, financial as well as educational, of all the schools under its charge, a copy of which, together with such further information as shall be required by the superintendent of public instruction, shall be forwarded to the county superintendent, the same as reports are made by other school districts ; and such report or such portion thereof as the board of education shall consider advantageous to the public, shall be published in a newspaper in the city or village, and in cities and vil- lages of over eight hundred inhabitants it may be published in pamphlet form. STATE OF NORTH DAKOTA. 67 14. To admit children of persons not living in sucli special dis- trict into the schools of such district, and to fix and collect the tui- tion therefor, if in its judgment the best interests of the school will permit. 15. To cause an enumeration of the children of school age within such special district, including those residing in any territory there- to attached for school purposes, to be made annually, as provided for other school districts, and return the same to the county super- intendent. § 798. Treasurer, custodian of school moneys. All moneys from whatever source, which the board of education of any special district shall by law be authorized to receive, shall be paid over to the treasurer of such board and he shall charge the same to the proper fund. § 799. Schools under supervision of whom. The schools of each special district shall be under the immediate supervision of the board of education or the school superintendent appointed by such board, subject to such general directions and supervision by the county superintendent as are provided for in this chapter, § 800. Taxable property. The taxable property of the whole school corporation including the territory attached for school pur- poses, shall be subject to taxation. All taxes collected for the ben- efit of the school shall be paid in money, and shall be placed in the hands of the treasurer, subject to the order of the board of educa- tion. § 801. Annual school tax. The board of education shall on or before the twentieth day of July of each year levy a tax for the support of the schools of the corporation, including any expendi- tures allowed by law, for the fiscal year next ensuing, not exceeding in any one year thirty mills on the dollar on all the real and per- sonal property within the district which is taxable according to the laws of this state, the amount of which levy the clerk of the board shall certify to the county auditor, who is authorized and required to place the same on the tax roll of such county to be collected by the county treasurer as other taxes and paid over by him to the treasurer of the board of education, of whom he shall take a receipt in duplicate, one of which he shall file in his office and the other he shall forthwith transmit to the clerk of the board of education. § 802. Expenditures. Contracts. No expenditures involv- ing an amount greater than one hundred dollars shall be made ex- cept in accordance with the provisions of a written contract, and no contract involving an expenditure of more than five hundred dol- lars for the purpose of erecting any public buildings or making any improvements shall be made except upon sealed proposals and to the lowest responsible bidder, after public notice for ten days pre- vious to receiving such bids. § 803. Treasurer. The treasurer of any city, town or village comprising a special district shall be treasurer of the board of edu- cation thereof. 68 GENERAL SCHOOL LAWS, § 804. Treasurer, duties of. The treasurer of eaoli board o£ education shall keep a true account of the receipts and expendi- tures of the various funds separately, and shall prepare and submit in writing a quarterly report of the state of the finances of the dis- trict and shall, when required, produce at any meeting of such board or any committee appointed for the purpose of examining his accounts, all books and papers pertaining to his office. He shall ^afely keep in his possession or under his control all school moneys coming into his hands, and shall pay out such moneys only upon a warrant signed by the president, countersigned by the clerk and attested by the corporate seal of the board. § 805. Treasurer's bond. The treasurer of the board shall execute a bond to such board, with sufficient sureties to be approved by the board, in such sum and as such board may from time to time require, as near as can be ascertained in double the amount of the moneys likely to come into his hands, conditioned for the faithful discharge of his duties as treasurer; which bond shall be in addition to his bond to the city, town or village. In case of the failure of the city, town or village treasurer to give such bond within ten days after being required so to do by such board of education, such treas- urer's office shall become vacant, and the council or board of trus- tees of such city, town or village shall appoint another person in his place, who shall give such additional bond. § 806. Board assumes control after equalization of debts and property. When any board of education shall be organized under the provisions of this article, it shall, after the equalization hereinafter provided for, assume control of the schools of the city, town or village and shall be entitled to the possession of all prop- erty of the former district or districts or parts thereof lying within such city, town or village, for the use of schools. Such board shall also be entitled to its due proportion of all moneys on hand and taxes already levied but not collected, and shall be liable for a proper amount of the debts and liabilities of such former district, to be determined in the manner provided in this chapter for the equal- ization, determination and division of debts, property and assets of school districts consolidated or divided. § 807. Special district may become part of general district, ■when. Any special district organized under the general school laws and provided with a board of education may become a part of the school district in which it is located, whenever it is so decided by a majority vote of the school electors of the city, town or village and of such school district voting at an election called for that purpose. An election for such purpose shall be ordered and proper notice thereof given by the board of education and the school board of such district in the same manner as is required for the election of school officers in such district, when petitioned by one-third of the voters resident in such district, and when so united the determin- ation and division of the debts, property and assets shall be made STATE OF NORTH DAKOTA. 69 by arbitration as provided in this chapter for school districts con- solidated or divided. Villages not incorporated but heretofore or- ganized under the general school laws and provided with a board of education shall become a part of the school district in which they are located and the determination and division of the prox)- erty, debts and assets shall be made by arbitration as aforesaid. § 808. Election of boards of education in special districts. On the third Tuesday in June each year an election shall be held in each special district at wiiich such members of the board of edu- cation shall be elected at large as shall be necessary to fill all va- cancies therein caused by expiration of terms of office or otherwise, and each member elected shall serve for a term of three years com- mencing on the second Tuesdaj'^ in July following his election and until his successor is elected and qualified, except when elected to serve an unexpired term. The polls shall be open at 9 o'clock A. M. and kept open until 4 o'clock P. M. on the day of such election. § 809. Notice of election, contents of. Such election shall be called by the board of education of such special district, which shall cause notice thereof to be posted or published as required by law for the annual election of civil officers in the city, town or vil- lage comprising such special district; such notice shall be signed by the clerk, or, in his absence, by the president of the board of education of such district, and shall state the time and place of holding such election and what officers are to be elected and their terms. § 810. Notice of election, form of. Such notice shall be in substantially the following form : iNotice is hereby given, that on Tuesday the day of June A. D , an annual election will be held at (here insert polling place) for the purpose of electing the following members of the board of education (here insert terms for which they are to be elected), for the city, town or village of (here insert name) and the polls will be open at nine o'clock A. M. and closed at four o'clock P. M. of that day. By order of the board of education. Signed , Clerk. §811. Election precincts and officers of election. At least fifteen days prior to such election the board of education of each special district shall designate one polling place and appoint two persons to act as judges and two persons to act as clerks. Before opening the polls each of such judges and clerks shall take an oath that he will perform his duties as judge or clerk (as the case may be) according to law and to the best of his ability, which oath may be administered by any officer authorized to administer oaths or by either of said judges or clerks to the others. § 812. Canvass of returns. Such election shall be conducted and the votes canvassed in the manner provided by law for elec- 70 GENERAL SCHOOE LAWS, tions of county officers, and returns shall be made showing the number of votes cast for each person for any office, which shall be signed by the judges and clerks of election, and the person receiv- ing the highest number of votes for each office in the district shall be declared elected, and the returns shall be filed with the clerk of the board of education within two days thereafter. § 813. Certificates of election. The clerk of the board shall give to each person elected at such election a certificate stating that he was duly elected as a member of the board of education and the time he is to take the oath and enter upon the duties of his office. Such clerk shall also certify as soon as possible to the county sup- erintendent of schools the persons so elected and their terms. § 8 14. Vacancies, how filled. The board of education of each city, town and village shall have power to appoint a person to fill any vacancy which may occur in the board; and such appointee shall hold his office until the next annual school election, at which time a person shall be elected to serve for the unexpired term; "out if such vacancy shall occur within ten days before an annual elec- tion, such appointee shall hold office until the annual election in the following year. When any such appointment shall be made the clerk shall certify the same to the county superintendent. § 815. Oath of oflB.ce. Before entering upon the duties of his office each person elected or appointed as a member of the board of education, shall take the oath or affirmation prescribed in section 211 of the constitution, which oath shall be filed with the clerk of the board. § 816. Bonds, how and when issued. Whenever the taxes authorized by law shall not be sufficient or shall be deemed by the board of education to be burdensome, bonds may be issued and negotiated for the purpose of raising money to pur- chase a site or to erect suitable buildings thereon, or to fund any outstanding indebtedness, or for the purpose of taking up any outstanding bonds, of the school corporation; provided, that the issuance of such bonds shall first be authorized by the voters of such special district as hereinafter prescribed. iSuch bonds shall be signed by the president and clerk and attested by the corporate seal of the board, shall bear the date of their issue, and be payable in not less than five nor more than twenty years from their date, at such place as shall be designated upon their face. The demon- inations of the bonds which may be issued under the provisions of this article shall be fifty dollars or some multiple of fifty, and shall bear interest at not more than seven per cent per annum, payable semi-annually on the first day of January and July in each year, shall show upon their face that they ai^e issued for school purposes, and shall be sold at not less than par. Each bond shall have in- dorsed thereon the certificate of the clerk of the board stating that such bond is issued pursuant to law and i« within the debt limit prescribed by the constitution. STATE OF NORTH DAKOTA. 71 § 8 1 7. Election for issuing bonds. Before issuing any such bonds the board of education shall call an election for the purpose of submitting to the voters of the district the question of issuing such bonds, notice of which shall be given in the manner prescribed by law for giving notice of the annual election for the several of- ficers of the city, town or village comprising such special district, except that such notice shall be given twenty days before such elec- tion. Such election shall be conducted and the returns made in the manner provided for the annual election of members of the board of education and may be held at the time of the annual school election or at any other time named in such notice. The notice of such election shall clearly state the amount of the bonds proposed to be issued, the time in which they shall be made payable, the pur- pose for which they are to be issued, and the time and place such election will be held. At such election the voters shall have writ- ten or printed on their ballots ''for issuing bonds" or "against is- suing bonds," and if a majority of the votes cast is for issuing bonds such bonds shall be issued and negotiated by such board of education, but if a majority thereof is against issuing bonds such bonds shall not be issued, nor shall the question be again sub- mitted for one year thereafter except for a different amount and then only upon a written petition of a majority of the voters of the district. § 818. Bonds to specify "what. Debt limit. The bonds, the issuance of which is provided for in the foregoing section, shall specify the rate of interest and the time when the principal and interest shall be paid; and no district shall issue bonds in pursuance of this article in a sum greater than five per cent of its assessed valuation, including other debts. § 819. Levy for interest and sinking fund. The board of education at the time of its annual tax levy for the support of schools shall also levy a sufficient amount to pay the interest as the same accrues on all bonds issued under provisions of this article, and also to create a sinking fund for the redemption of such bonds, w^hich it shall levy and collect in addition to the rate per cent authorized by the provisions aforesaid for school purposes, and such amount of funds when paid into the treasury shall be and remain a special fund for such purpose only, and shall not be appropriated in any other way except as hereinafter provided. At or before the issuance of any bonds as herein provided the board shall by resolu- tion provide for such annual levy to pay the interest and to create such sinking fund, and such resolution shall remain in force until all such bonds and the interest thereon shall have been paid. § 820. Investment of sinking fund. All moneys raised for the puropse of creating a sinking fund for the final redemption of all bonds issued under this article, shall be invested annually by the board of education in the bonds of this state or of the United States, or the board may buy and cancel the bonds of the district. 72 GENEiRAL SCHOOL LAWS, § 821. Interest coupons. When the interest couiDons o£ the bonds hereinbefore authorized shall become due they shall be promptly paid, upon presentation, by the treasurer out of any moneys in his hands collected for that purpose, and he shall indorse in red ink upon the facf. of such coupons the word "paid" and the date of payment and sign the initials of his name. § 822. Security for payment of bonds. The school fund and property of such school corporation and territory attached for such purposes is hereby pledged to the payment of the interest and prin- cipal of the bonds mentioned in this article as the same may be- come due. ' § 823. Bond register. The clerk of the board of education shall register in a book provided for that purpose the bonds issued under this article and all warrants issued by the board, which reg- ister shall show the number, date and amount of such bonds and to whom payable. § 824. Refunding bonds, issuance of. The board of educa- tion of any special or independent school district shall have power, whenever two-thirds of the members of such board shall deem it necessary and for the best interests of such school district, to issue bonds for the purpose of refunding any outstanding bonds when the same become due. Such bonds shall be issued in denomina- tions of fifty dollars or some multiple of fifty, and shall not exceed in amount the face value of the bonds they are issued to replace, and shall not bear a higher rate of interest than seven per cent per annum, payable semi-annually on the first day of January and July of each year, nor run for a longer period than twenty years. § 825. Bonds may be exchanged. Such refunding bonds may be exchanged at par for an equal amount of outstanding bonds or may be sold at not less than par value and the proceeds applied solely to the payment of the bonds to be refunded, except that any premium that may be received on the sale of such bonds shall be kept as a separate fund and used for the payment of the interest on such bonds, § 826. Issue of bonds, how governed. In the issuance of such refunding bonds the board of education shall be governed by the provisions of section 818 to 823. § 827. Surplus funds, how transferred. Any moneys remaining in the treasury of such school districts, appropriated or held for the purpose of paying such bonds so refunded, may, at the discretion of the board of education at any time within six months after such refunded bonds have been taken up and canceled, be transferred to the building or contingent fund of such district. Article 18. — Independent School Districts. § 828. Independent districts, how^ organized. Any city heretofore organized for school purposes under a special law and provided with a board of education may become incorporated as STATE OF NORTH DAKOTA. 73 an independent school district under the provisions of this article in the manner following. Whenever one-eighth of the legal voters of such city voting at the preceding municipal election sJiall peti- tion the mayor and council thereof to submit the question as to whether such city shall establish an independent school district un- der this article to a vote of the electors in such city it shall be the duty of such mayor and council to submit such question accord- ingly and to appoint a time and place or places at which such vote may be taken and to designate the persons who shall act as judges at such election, but such question shall not be submitted oftener than once in two years. § 829. Notice of election. The mayor of such city shall cause at' least twenty days' notice of such election to be given by pub- lishing a notice thereof in one or more newspapers within such €ity, but if no newspaper is published therein, then by posting at least five copies of such notice in each ward or voting precinct. § 830. Form of ballots. Returns. The ballots to be used at such election shall be in the following form: "For establishing an independent school district" or ^'against establishing an inde- pendent school district." The judges of such election shall make returns thereof to the city council whose duty it shall be to canvass such returns and cause the result of such canvass to be entered upon the records of such city. If a majority of the votes cast at such election shall be for establishing an independent school dis- trict, such independent school district shall thenceforth be deemed to be organized under this article and the board of education then in office shall thereupon exercise the powers conferred upon like of- ficers in this article until their successors are elected and qualified. § 831. Boundaries of independent districts. All that por- tion included within the corporate limits of any city together with the additions that are now or may be hereafter attached to such city limits shall be constituted and established an independent school district to be designated as the "Independent School District of the City of " and a board of education is hereby estab- lished for the same. § 832. Members of board, how elected. Quorum. Such board shall consist of one member from each ward in the city, and when the city is divided into an even number of wards, then such city shall elect one member of such board at large. ' Such members shall hold their office for the term of two years and until their suc- cessors are elected and qualified. A majority of the members of such board shall constitute a quorum for the transaction of busi- ness, but a smaller number may meet and adjourn. The electors in each ward in such city shall elect one member of such board, and the electors of such city shall elect one member of the board at large. The wards having even numbers shall hold their election in each even numbered year, and the wards having odd numbers shall hold their election in each odd numbered vear. The mem- 74 GElNERAL SCHOOL LAWS, ber at large shall be elected biennially in the even numbered years; provided, when such city is divided into three wards, such board shall consist of five members, one member from each ward and two members to be chosen at large; provided, also, that at the first election members from even numbered wards shall be elected for a term of one year, and members from odd numbered wards for a term of two years; when two members are to be chosen at large at such first election, one shall be elected for a term of one year and one for a term of two years. § 833. Date of election. Canvass of votes. The electioa referred to in the foregoing sections shall be held on the third Monday in April of each year, at the usual polling place for muni- cipal elections in each ward. The mayor shall have authority and he is hereby empowered to appoint two judges and one clerk for such election, who shall open the polls at the hour of eleven o'clock in the forenoon and hold the same open until five o'clock in the after- noon of the same day. Such election shall be conducted in all re- spects and the polls closed and votes canvassed in the same manner asmunicipal elections,and the judges shall have the samepower and authority in all respects as the judges of election for municipal officers, and after the votes are canvassed the judges shall make their returns to the city clerk or auditor, as the case may be, within twenty-four hours after the polls are closed, and the city council shall canvass such returns and declare the result within three days thereafter, which result shall be entered upon the records of the city, and it shall be the duty of the city clerk or auditor to issue certificates of election to the persons declared elected. The judges and clerks of election shall receive the same compensation for their services as at municipal elections for mayor and aldermen. § 834. Vacancies, how filled. If any vacancy occurs in the board for any cause, the remaining members thereof shall fill such vacancy by appointment until the next annual election, and at such election a new member shall be elected to fill the unexpired term. § 835. Style and powers of board. The board so elected shall be a body corporate in relation to all the powers and duties conferred upon it by this article, and shall be styled "The Board of Education of the Independent School District of the City of (here insert the name of the city)" and as such shall have power- to sue and be sued, contract and be contracted with, and shall pos- sess all the powers usual and incident to such bodies corporate^, and such as shall be herein given, and shall procure and keep a common seal. At each annual meeting of the board the members thereof shall elect one of their number president of the board, and when he is absent a president pro tempore shall be appointed who shall preside during such absence. The members so elected shall each qualify by-taking the prescribed oath of office within ten days' after receiving their certificate of election, and shall assume the duties of the office at the annual meeting of the board held on the first Monday in May of each year. STATE OF NORTH DAKOTA. 7S § 836. Responsibility of board. The members of the board shall receive no compensation, nor be interested directly or indi- rectly in any contract for building or making any improvements or repairs provided by this chapter. They shall have the care and' custody of all public property in such district pertaining to school) purposes and the general management and control of all school matters. § 837. Meetings of board. The regular meetings of the boardl shall be held on the first Tuesday of each month, and the board may hold special meetings upon notice. The regular meetings may be adjourned for any time shorter than one month. Special meet- ings may be called by the president, or in case of his absence or in^- ability to act, by any three members of the board as often as neces- sary by giving a personal notice in writing to each member of the- board or by causing such notice to be left at his place of residence- at least forty-eight hours before the hour of such special meeting, § 838. Secretary, duties of. Such board shall appoint a secre- tary who shall hold his office during the pleasure of the board and whose compensation shall be fixed by the board. The secretary shall keep a record of the proceedings of the board and perform such other duties as the board may prescribe. Such record or a transcript thereof, certified by the secretary and attested by the- seal of the board, shall be received in all courts as prima facie evi- dence of the facts therein set forth; and such records, and all books». accounts, vouchers and papers of the board shall at all times be- subject to inspection by the members of such board or any commit- tee thereof, or by any taxpayer of the district. For the purpose of economy the board may, if deemed advisable, appoint one of its owiu members secretary. The annual report of the secretary shall con- tain such items as may be required by the superintendent of public- instruction. ' § 839. Powers of board. The board shall have power and it shall be its duty to levy and raise from time to time by tax such sums as may be determined by the board to be necessary and proper for any of the following purposes: 1. To purchase, exchange, lease or improve sites for school houses. 2. To build, purchase, lease, enlarge, alter, improve and repair school houses and their outhouses and appurtenances. 3. To purchase, exchange, improve and repair school apparatus^ books, furniture and appendages. 4. To procure fuel and defray the contingent expenses of the^ board, including the expenses of the secretary. 5. To pay teachers' wages after the apportionment of publie moneys which may be by law appropriated and provided for that purpose. § 840. Collection of tax. The tax to be levied and collected as aforesaid bv virtue of this article shall be collected in the same 76 GENERAL SCHOOL LAWS, manner as other county taxes, and for that purpose the board of education shall have power to levy and cause to be collected such taxes as are herein authorized, and shall cause the amount for each purpose to be certified by the secretary to the county auditor in time to be added to and put upon the annual tax list of the county. And it shall be the duty of the county auditor to calculate and extend upon the annual assessment roll and tax list the tax so levied by such board, and such tax shall be collected as other county taxes are collected. § 841. Amount of tax limited. The amount raised for teacliers' wages and contingent expenses shall be only such as together with the public moneys coming to such district from the state and •county fund and other sources shall be sufdcient to maintain effi- cient and proper schools in such district. The taxes for the pur- chasing, leasing or improving of sites, and the building, purchas- ing, leasing, enlarging, altering or repairing of school houses shall not exceed in any year twenty mills on the dollar of the assessed valuation of the taxable property of the district, and the board of •education is authorized and directed, when necessary, to borrow in anticipation, the amount of the taxes to be raised, levied and col- lected as aforesaid. § 84S. Authority to issue bonds. The board of education of such district is authorized and empowered, and it is its duty whenever the board deems it necessary for the efficient organiza- tion and establishment of schools in such district, and when the taxes authorized by this article shall not be sufficient or shall be deemed by the board to be burdensome upon the taxpayers of the district, from time to time to issue bonds of the district in the de- nomination of fifty dollars or some multiple of fifty, payable at a time not to exceed tw^enty-flve years after date and bearing interest at a rate not to exceed seven per cent per annum, payable semi-an- nually on the first day of January and July of each year; and to show upon their face that they are issued for the purpose of build- ing and furnishing a school house or school houses, purchasing grounds on which to locate the same, or to fund any outstanding indebtedness, or for the purpose of taking up any outstanding bonds; and the said board of education is authorized to cause the same to be sold at not less than par value, and the money realized therefrom deposited with the city treasurer to the credit of such board of education; and when any bonds shall be so negotiated it shall be the duty of the board to provide by tax for the payment of the principal and interest of such bonds; provided, that at no time shall the aggregate amount of such bonds, including all other Indebtedness, exceed fifty mills on the dollar of valuation of the taxable property of such district, to be determined by the last city assessment. § 843. Moneys paid to city treasurer. All moneys raised pursuant to the provisions of this article and all moneys which STATE OF NORTH DAKOTA. 77 shall by law be appropriated to or provided for such district, shall be paid over to the city treasurer of the city, and the county treas- urer shall from time to time, as he shall receive the couuty school funds, and at least once in each month, on the first Monday thereof, pay over to such city treasurer the proportion thereof belonging to such district ; and for that purpose the board shall have the power to cause all needful steps to be taken, including census reports or other acts or things, to enable such board to receive the school money belonging to such district, as fully and completely as though such district formed one of the school districts of the county where the same may be situated. § 844. Bond of treasurer. The city treasurer of such city shall give a bond to such board of education in such sum as the board shall from time to time require, with two or more sureties to be approved by the board, conditioned for the safe-keeping of the school funds, which shall be in addition to his other bond; and such treasurer and the sureties upon such bond shall be accountable to the board for the moneys that come into his hands, and in case of failure of such treasurer to give such bond when required by the board, or within ten days thereafter, his office shall become vacant and the city council shall appoint another person in his place. § 845. School funds, how kept and paid out. All moneys required to be raised by virtue of this article shall be paid in cash or in the warrants hereinafter provided, drawn on the school fund only, and such moneys and all moneys received by such district for the use of the common schools therein shall be deposited for safe- keeping with such city treasurer to the credit of the board of edu- cation and shall by him be safely kept separate and apart from any other funds until drawn from the treasury as herein provided. Such treasurer shall pay out the moneys authorized by this article only upon warrants drawn by the president, countersigned by the secre- tary and attested by the seal of such board of education. § 846. General powers of board. The board shall have power and it shall be its duty: 1. To organize and establish such schools in the district as it shall deem requisite and expedient, and to change and discontinue the same, 2. To purchase, sell, exchange and hire school houses and rooms, lots or sites for school houses and to fence and improve the same. 3. To build, enlarge, alter, improve and repair school houses, outhouses and appurtenances as it may deem advisable upon lots and sites owned by the district. 4. To purchase, sell, exchange, improve and repair school appa- ratus, books for indigent pupils, furniture and appendages and pro- vide fuel for schools. 5. To have the custody and safe keeping of the school houses, outhouses, books, furniture and appurtenances, and to see that the ordinances of the city council in relation thereto are observed. 78 GENERAL SCHOOL LAWS, 6. To contract with and employ all teachers in such schools and to remove them at pleasure. 7. To pay the wages of such teachers out of the money appro- priated and provided by law for the support of common schools in such district, so far as the same shall be sufficient, and the residue thereof from the money authorized to be raised by this article. 8. To defray the necessary and contingent expenses of the board, including the compensation of the secretary. 9. To have in all respects the superintendence, supervision and management of the common schools of such district, and from time to time to adopt, alter, modify and repeal, as they may deem expe- dient, rules and regulations for their organization, grading, govern- ment and instruction, for the reception of pupils and their trans- fer from one school to another, for the suspension and expulsion of pupils subject to the same restrictions as are contained in subdi- vision 11 of section 797, and generally for their good order, pros- perity and utility. 10. To prepare and report to the city council of the city such ordinances and regulations as may be necessary and proper for the protection, safe-keeping, care and preservation of school houses, lots, and sites and appurtenances and all the property belonging to the district connected with or appertaining to the schools within the city limits, and to suggest proper penalties for the violation of such ordinances and regulations, and annually, on or before the Ifirst Monday in July, to determine and certify to the county auditor the rate of taxation in its opinion necessary and proper to be levied under the provisions of this article for the year commencing on the first day of July thereafter, and also at any time to determine how many and what denomination of bonds shall be issued and sold to pay the extraordinary outlays required. § 847. Visiting schools. Each member of the board shall visit all the public schools in the district at least twice in each year of his official term, and the board shall provide that each of such schools shall be visited by a committee of three or more of their number at least once during such term. § 848. Nonresident pupils. Such board of education shall have power to allow the children not resident in such district, to attend the schools of such district under the control and care of «uch board, upon such terms as the board shall prescribe, fixing the tuition which shall be paid therefor. § 849. Expenditures not to exceed revenues. It shall be the duty of the board in all its expenditures and contracts to have reference to the amount of money which shall be subject to its order during the current year for the particular expenditures in question and not to exceed that amount. § 850. Title to property of district. The title to all property belonging to any such independent school district shall be vested in such district for the use of the schools, and the same while used STATE OF NORTH DAKOTA. 79 and appropriated for school purposes shall not be levied upon or sold by virtue of any warrant or execution or other process, nor be subject to any judgment or mechanic's lien or taxation for any pur- pose whatever; and the district in its corporate capacity may take, hold and dispose of any real and personal property transferred to it by gift, grant, bequest or devise for the use of common schools for the district, whether the same is transferred in terms to such district by its proper name or to any person or body for the use of such schools. § 851. Heal property. Title, how conveyed. Whenever any property is purchased by the board a conveyance thereof shall be taken in the name of such district; and whenever any sale of such property is made by the board a resolution in favor of such sale shall first be adopted and spread upon the records of the board, and the conveyance of such property shall be executed in the name of such district by the president of the board attested by the sec- retary under the seal thereof, and acknowledged by such officers. Such president and secretary shall have authority to execute con- veyances as aforesaid, with or without covenants of warranty on behalf of the district. § 85S. Report of city treasurer. It shall be the duty of the city treasurer at least fifteen days before the annual election for members of such board and as often as called upon by the board, to prepare and report to such board a true and correct statement of the receipts and disbursements of moneys under and pursuant to the provisions of this article, during the preceding year, which statement shall set forth under appropriate heads: 1. The money raised by the board under section 839. 2. The school moneys received from the county treasurer, 3. The money received under section 842. 4. All money received by the city treasurer, subject to the order of the board, specifying the sources from which it accrued. 5. The manner in which all money has been expended, specify- ing the amount under each head of expenditures and the board shall at least one week before such election, cause such statement to be published in all the newspapers of the city which will publish the same gratuitously. § 853. City council to pass certain ordinances. The city council shall have the power and it shall be its duty to pass such ordinances and regulations as the board of education may recom- mend as necessary for the protection, preservation, safe-keeping and care of the school houses, lots, sites, appurtenances, libraries and all necessary property belonging to or connected with the schools of the city, and to provide proper penalties for the violation thereof; and all penalties shall be collected in the same manner that the penalties for the violation of city ordinances are collected, and when collected shall be paid to the city treasurer, and placed to the credit of the board of education, and shall be subject to its order as herein provided. 80 generlil school laws, § 854. Forfeit for refusal to serve as member of board. It shall be the duty of the clerk of such board immediately after the election of any person as a member thereof, personally or in writing, to notify him of his election, and if any person shall not within ten days after receiving such notice of election, take and subscribe the oath as herein provided and file the same with the city auditor, the board may consider it as a refusal to serve, and fill the vacancy thus occasioned, and the person so refusing shall for- feit and pay to the city treasurer for the benefit of the schools of such district a penalty of fifty dollars, which may be recovered in the name of such city by a civil action. §855. New district to assum.e debts of old. School districts created under the provisions of this article shall assume all obliga- tions and liabilities incurred by the districts out of which they are formed, if old districts are not divided, and a proportionate part, if divided. Article 19. — Boards of Education in Certain Cities. §856. Boards to be elected at large. In each city not organ- ized under the general law there shall be a board of education con- sisting of seven members having the qualifications of electors who shall be elected at large by the electors of such city qualified to vote at school elections; and, except as may be otherwise provided herein for the first election, two members of such board shall be elected annually and three triennially at a special election to be held on the first Tuesday after the first Monday in June; provided, that the pro- visions of this article shall not apply to cities existing under a special act and which are now conducting their schools under the general school laws. § 857. Term of o£&ce. The term of office of a member of the board of education, except as in this article otherwise provided, shall be three years and until his successor is elected and qualified. § 858. Elections, how conducted. All elections under the provisions of this article shall be called, conducted and the votes canvassed and returned in the manner provided by law for general city elections. § 859. Relatives not eligible as teachers. No son, wife or daughter of any member of the school board shall be eligible to a position as teacher in schools of the district which such member represents except upon the consent of all the members of such board. § 860. Independent school organizations under special laws abolished. Any independent district organized for school purposes under a special law, which does not include or is not in- cluded in any city or incorporated town or village organized for municipal purposes, shall become a part of the school district in which it is located by the repeal of the special law organizing or governing such independent district. Any independent district STATE OF NORTH DAKOTA. 81 organized for school purposes under a special law or under any- other law than is contained in this chapter, which includes or is in- cluded in any city or incorporated town or village organized for municipal purposes, shall become a special district by the repeal of the special law organizing or governing such independent school district. Any school district or special district so constituted or constituted in part shall be governed by the provisions of this chap- ter; provided, that nothing herein shall prevent any such indepen- dent district from coming under the operation of this chapter in the manner therein jDrovided. § 861. Old school officers hold over. The board of educa- tion or other governing board of such independent district shall continue to exercise the powers and duties devolving upon it under the provisions of such special or other law governing such inde- pendent district, the same as though such law had not been re- pealed, until the second Tuesday in July following the repeal of such special or other law; provided, that all that portion of the general school laws which provides for an annual school election shall apply to such independent district and shall be in full force and effect for the purpose of electing school officers at such annual school election; and such officers shall be elected in and for the whole school district, including the independent district or portion of such independent district located therein, or in and for the spec- ial district, the same as though no law had ever existed providing for the organization of such independent district; provided, further, that in a special district formed and created as herein pro- vided, a full board of education shall be elected as provided by law for first elections, but in school districts formed and created as herein provided by the addition of such independent district or por- tion thereof, there shall be elected only such officers as are required to fill the regular vacancies in the school offices of such school dis- trict heretofore organized. §862. Debts and assets determined by arbitration. When the boundaries of such school district shall have been arranged as contemplated in this article, the determination and division or con- solidation of all debts, property and assets of the several portions of such district or districts so consolidated shall be made by arbi- tration as provided by law. Article 20. — Free Text Books. § 863. Power of board of education. The board of trustees or board of education of each and every school district in the state of North Dakota is hereby authorized and empowered to select, adopt and contract for all books and supplies needful for the school or schools under its charge; and the said board of trustees or board of education shall have power to purchase the text books and sup- plies selected or contracted for, and provide for the loan free of 82 GENERAL SCHOOL LAWS, charge or sale at cost of sucli text books and supplies to the pupils in attendance at such school or schools; proAaded, that no adoption or contract shall be for a period of less than three years nor more than five years; during which time the text books so selected, adopted and contracted for shall not be changed; provided, further, that before any publisher or publishers shall enter or attempt to enter into any contract for the sale of text books, as hereinbefore provided, they shall file with the superintendent of public instruc- tion of the state of North Dakota a list of their books and the low- est prices at or for which they will sell any or all of such books to any board of trustees or board of education in the state of North Dakota, and they, the said publishers, shall deposit with the super- intendent of public instruction a sample copy of each book so list- ed, which shall represent in style of binding, mechanical execu- tion, general make-up and matter the book or books they offer to sell to the board of trustees at or for the prices so listed and in no case shall prices be raised above said listed prices as filed. It shall be the duty of the superintendent of public instruction to furnish a certified copy of the list of books and prices filed in accordance with the provisions of this section to the district clerk of each common school district in the state of North Dakota. § 864. Free text books provided, when. Whenever in the judgment of the board it is desirable or necessary to the welfare of the schools in the district or to provide for the children therein bet- ter school privileges, or whenever petitioned so to do by two-thirds of the voters in the district, the board shall provide free text books and supplies for all schools under its charge, in such manner as hereinbefore provided. All books purchased in accordance with the provisions of this article shall be paid for out of the school fund of the respective districts, and it shall be the duty of the school districts and school boards to see that sufficient funds are raised and set aside for the purpose of this article. The clerk of each dis- trict shall also keep a record of all books furnished to the schools in the district. Article 21. — Purchase of Flags for School Districts. § 865. United States flag to be displayed. The school board of any city, town or district, is authorized and required to purchase at the expense of the city, town or district, one or more flags of the United States, which shall be displayed in reasonable weather, upon the school houses or flagstaffs upon the school grounds during the school hours of each day's session of school, and a failure to comply with the provisions of this article on the part of any board of education or district school board, shall be sufficient grounds for removal of members of such board from office. Article 22. — State Educational Library. § 866. Appropriation for. There is hereby appropriated out STATE OF NORTH DAKOTA. 83 of any funds in the state treasury the sum of three hundred dollars annually, to be paid by warrant of the state auditor on the state treasurer upon the presentation of an itemized bill in due form by the superintendent of public instruction, for the purchase of refer- ence or pedagogical books for the state educational library in the office of such superintendent. Article 23. — High School Board. § 867. High school board. The governor, superintendent of public instruction and president of the state university, are hereby constituted a board of commissioners on preparatory schools for the encouragement of higher education in the state. Said board shall be called the "High School Board," and shall perform the duties and have and exercise the powers hereinafter mentioned. § 868. Students classified. Any public graded school in any city or incorporated village or township, organized into a district, under the township or district system, which shall give instruction according to the terms and provisions of this article and shall admit students of either sex from any part of the state without charge for tuition, shall be entitled to be classified as a state high school and to receive pecuniary aid as hereinafter specified; provided, how- ever, that no such school shall be required to admit nonresident pupils unless they pass an examination in orthography, reading ia English, penmanship, arithmetic, grammar, modern geography and the history of the United States, « § 869. Requirements for classification. The said board shall require of the schools applying for such pecuniary aid as pre- requisite to receiving such aid, compliance with the following con- ditions, to-wit: 1, That there be regular and orderly courses of study, embrac- ing all the branches prescribed by the said board for the first two years of the high school course. 2. That the said school receiving pecuniary aid under this ar- ticle shall at all times permit the said board of commissioners, or any of them, to visit and examine the classes pursuing the said pre- paratory courses, § 870. Schools visited once each year. * What schools to receive state aid. Appropriation. 1. The said board of com- missioners shall cause each school receiving aid under this article to be visited at least once in each year, by a committee of one or more members, who shall carefully inspect the instruction and discip- line of the preparatory classes, and make a written report on the same immediately; provided, that the said board may, in its discre- tion, appoint, in any case, competent persons to visit and inspect any school and to make report thereon ; and no money shall be paid 34 GENERAL SCHOOL LAWS, in any case until after such report shall have been received and ex- amined by the board, and the work of the school approved by a vote of the board. 2. The said board shall receive applications from such schools for aid as hereinafter provided, which applications shall be received and acted upon in the order of their reception. The said board shall apportion to each of the said schools which shall have fully complied with the provisions of this article, and whose application shall have been approved by the board, the following sums, to-wit: One hundred seventy-five dollars each year to each school having four years' high school course and doing four years' high school work; the sum of one hundred forty dollars each year to each school having a three years' high school course and doing three years' high school work; the sum of one hundred dollars each year to each school having a two years' high school course and doing two years' high school work; provided, that the total amount of apportion- ments and expenses under this article shall not exceed four thous- and dollars in any one year. The sum of four thousand dollars is hereby appropriated annually to be paid out of any moneys in the treasury not otherwise appropriated for the purpose of this article] which amount, or so much thereof as may be necessary, shall be paid upon the itemized vouchers of said board,, duly certified and filed with the state auditor. §871. No compensation. Expenses. The members of said board shall serve without coinpensation, but the actual and neces- sary expenses of the board or any examiner appointed by them, shall be paid in the same manner as those of state officers; provided, that the total expense, including the apportionments to the schools aforesaid, shall not exceed four thousand dollars in any one year. § 872. Discretionary po^wers. Assistant examiner. The high school board shall have full discretionary power to consider and act upon applications of schools for state aid, and to pre- scribe conditions upon which said aid shall be granted and it shall be its duty to accept and aid such schools only as will, in its opin- ion, if aided, efficiency perform the service contemplated by law; but in each county two schools complying with the prescribed con- ditions shall have a right to aid from this appropriation before aid may be granted to a third school in any county. Any school once accepted and continuing to comply with the law and regulations of the board made in pursuance thereof, shall be aided not less than three years. The board shall have power to establish any necessary and suitable rules and regulations relating to examinations, reports, acceptance and classification of schools, courses of studies and other proceedings under this article. Any assistant examiner appointed by the high school board, as authorized by law, shall be entitled to receive such compensation as the board may allow, not exceeding three dollars a day; provided, that no such compensation shall be STATE OF NORTH DAKOTA. 85 paid to any person receiving a salary from the state or from any state institution. § 873. Shall keep record. The said board shall keep a rec- ord of all the proceedings and shall make on or before the first day of December in each year a report, covering the previous school year, to the superintendent of public instruction, showing in de- tail all receipts and disbursements, the names and number of schools receiving aid, the number of pupils attending the classes in each,' to which report they may add such recommendations as they may deem useful and proper. Article 24. — Health and Decency in Public Schools. § 874. Duty of boards of education. It shall be the duty of all boards of education and district school boards in this state to provide suitable and convenient water closets or privies for each of the schools under their charge, at least two in number, which shall be entirely separate each from the other, and having separate means of access; and it shall be the duty of the school officers afore- said to keep the same in a clean, chaste and wholesome condition; and a failure to comply wdth the provisions of this article on the part of any board of education or district school board, shall be suf- ficient grounds for removal from office and for withholding from any district any part of the public moneys of the state. The ex- pense incurred by the officers aforesaid in carrying out the require- ments of this article shall be a charge upon the district, when such expense shall have been approved by the county superintendent of schools of the county within which the school district is located, and a tax may be levied therefor without a vote of the district. CHAPTER 10. EDUCATIONAL AND CHARITABLE INSTITUTIONS. Article 1. — University of North Dakota. § 875. University, -where located. The university of North Dakota as now^ established and located at the city of Grand Forks shall continue to be the university of the state. § 876. Board of trustees to govern. The government of such university shall be vested in a board of trustees consisting of five members to be appointed by the governor by and with the ad- vice and consent of the senate, who shall hold their office for the term of four years commencing on the first Tuesday in April next succeeding their appointment. § 877. Governor to nominate. Vacancies, how filled. The governor shall nominate and, by and with the advice and consent of the senate, appoint during each regular session of the legislative GEiNERAL SCHOOL LA.WS, assembly trustees of such university in the place of those whose terms shall thereafter first expire, and such trustees shall hold their office until their successors are appointed and qualified; provided, that the governor shall fill any vacancy in such board by appointment to extend only until the first Tuesday in April succeeding the next regular session of the legislative assembly; and provided, further, that the governor shall during such next regular session nominate and, by and with the advice and consent of the senate, appoint some person to fill such vacancy for the remainder of the term unexpired. JN oi more S;han two members of the board shall be appointed from the same eounty. .^§ 878. Powers and duties of board. The board of trustees snail possess all the powers necessary to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, buildings and all other property of such imiver- sity. The board shall elect a president and a secretary who shall per- form such duties as may be prescribed by the by-laws of the board. The secretary shall keep a correct record of all transactions of the board, and of the committees thereof, and in addition to performing the duties of secretary, he shall be the superintendent of the build- ings and grounds of the university and discharge such other duties • as may from time to time be prescribed by the board of trustees. § 879. Meetings of. the board. The time for the election of the president and secretary of such board and the duration of their respective terms of office, the time for holding the regular annual meeting, and such other meetings as may be required, and the man- ner of giving notice of the same shall be determined by the board. Four members shall constitute a quorum for the transaction of busi- ness, but a less number may adjourn from time to time. ^ 880. Number of meetings limited. Such board shall not bold more than twelve sessions in any year and such sessions shall liot exceed twenty-four days in the aggregate; but the governor may in his discretion authorize additional sessions. § 881. Government of university. Powers of trustees. The board of trustees shall adopt rules for the government of the university in all its branches; elect a president and the requisite num- ber of professors, instructors, officers and employees, fix the salaries and the term of office of each, and determine the moral and educa- tional qualifications of applicants for admission to the various courses of instruction; but no instruction, either sectarian in religion or par- tisan in politics shall ever be allowed in any department of the uni- versity, and no sectarian or partisan test shall ever be allowed or exer- cised in the appointment of trustees, or in the election of professors, teachers or other officers of the university, or in the admission of students thereto or for any purpose whatever. Such board shall have power to remove the president or any professor, instructor or officer of the university, when in its judgment the interests of the university require it. The board may prescribe rules and regulations for the STATE OP NORTH DAKOTA. 87 management of the library, cabinets, museum, laboratories and all other property of the university and of its several departments and for the care and preservation thereof, with suitable penalties and forfeitures by way of damages for their violation, which may be sued for and collected in the name of the board before any court having jurisdiction. § 8SS. Board may expend income. The board is authorized to expend such portion of the income of the university fund as it may deem expedient for the erection of suitable buildings and the purchase of apparatus, a library, cabinets and additions thereto; and, if deemed expedient, it may unite with the university as a branch thereof any college in the state, upon application of its board of trustees; and such college so received shall become a branch of the university and be subject to visitation by the trustees. § 883. Board to make report, when. At the close of each fiscal year the trustees through their president shall make a report in detail to the governor, exhibiting the progress, condition and wants of each of the colleges embraced in the university, the course of Btudy in each, the number of professors and students, the amount of receipts and disbursements, together with the nature, cost and results of all important investigations and experiments and such other infor- mation as they may deem important, one copy of which shall be transmitted free by the governor to each college endowed under the provisions of the act of congress entitled " An act donating land to the several states and territories which provide colleges for the benefit of agriculture and mechanic arts," approved July 2, 1862, and also one copy to the secretary of the interior. § 884. Powers of the president and faculty. The president of the university shall be president of the several faculties and the executive head of the instructional force in all its departments; as such, he shall have authority, subject to the power of the board of trustees to give general directions respecting the instruction and scientific investigation of the several colleges, and so long as the interests of the institution require it he shall be charged with the duties of one of the professorships. The immediate government of the several colleges shall be intrusted to their respective faculties, but the trustees shall have the power to regulate the course of instruction and prescribe the books or works to be used in the several courses, and also to confer such degrees and grant such diplomas as are usual in universities, or as they shall deem appropriate, and to confer upon the faculty, by by-laws, the power to suspend or expel students for misconduct or other causes prescribed in such by-laws. § 885. Object and departments of the university. The objects of the university shall be to provide the means of acquiring a thorough knowledge of the various branches of learning connected with scientific, industrial and professional pursuits, in the instruction and training of persons in the theory and art of teaching, and also instruction in the fundamental laws of this state and of the United 88 GENERAL SCHOOL LAWS, States in regard to the rights and dnties of citizens, and to this end It shall consist of the following branches or departments: 1. The college or department of arts. 2. The college or department of letters. 3. The normal college or department. 4. _ The school of mines, the object of which shall be to furnish facilities for the education of such persons as may desire to receive instruction in chemistry, metallurgy, mineralogy, geology, mining, milling and engineering. 5. The military department or school, the object of which shall be to instruct and train students in the manual of arms and such military maneuvers and tactics as are taught in military colleges. 6. Such professional or other colleges or departments as now are or may from time to time be added thereto or connected there- with, and the board of trustees is hereby authorized to establish such professional and other colleges or departments as in its judgment may be deemed necessary and proper; but no money shall be expended by the board in establishing and organizing any of the additional colleges or departments provided for in this section, until an appropriation therefor shall have first been made. § 886. Courses of instruction. The college or department of arts shall embrace courses of instruction in mathematical, physi- cal and natural sciences, with their application to industrial arts such as agriculture, mechanics, engineering, mining, and metallurgy, man- ufactures, architecture and commerce and such branches included in the college of letters as shall be necessary properly to fit the pupils in the scientific and practical courses for their chosen pursuits, and in military tactics. In the normal department the proper instruction and learning in the theory and art of teaching and in all the various branches and subjects needful to qualify for teaching in the common schools; and as soon as the income of the university will allow, in such order as the wants of the public shall seem to require, the courses of sciences and their application to the practical arts shall be expanded into distinct colleges of the university, each with its own faculty and appropriate title. The college of letters shall be co-existent with the college of _ arts, and shall embrace a liberal course of instruction in languages, literature and philosophy, together with such courses or parts of courses in the college of arts as the trustees shall prescribe. § 887. Scandinavian language taught. It shall be the duty of the trustees to cause to be taught at said institution the Scandinavian language, and for that purpose shall employ as one of the teachers of such institution a professor learned in that language. § 888. Pupils, who may become. The university shall be open to students of both sexes under such regulations and restric- tions as the board of trustees may deem proper, and all able bodied male students of the university may receive instruction and discipline STATE OF NORTH DAKOTA. 89 in military tactics, the requisite arms for which shall be furnished by the state. § 889. Graduates entitled to certificates to teach. After any person has graduated at the university, and after such graduation has successfully taught a public school in this state for sixteen months, the superintendent of public instruction shall have authority and it shall be his duty to countersign the diploma of such teacher if upon examination he is satisfied that such person has a good moral character and is possessed of sufficient learning and ability to teach. Any person holding a diploma granted by the board of trustees of such university, certifying that the person holding the same has graduated from such university, shall, after his diploma has been countersigned by the superintendent of public instruction as afore- said, be deemed qualified to teach any of *the public schools in the state, and such diploma shall be a certificat/^ of such qualification until annulled by the superintendent of x^ublic instruction. § 890. Tuition fees. No student who shall have been a res- ident of the state for one year next preceding his admission shall be required to pay any fees for tuition in the university, except in the law department and for extra studies. The trustees may prescribe rates of tuition for any pupil in the law department, or who is not a resident as aforesaid, and for teaching extra studies. § 891. Compensation of trustees. The trustees shall b© entitled to receive the sum of three dollars per day for each day employed in attendance upon sessions of the board and all traveling expenses necessarily incurred thereby. _ Upon the presentation of the proper vouchers containing an itemized statement of the number of days attendance and money actually expended as above specified, duly verified by the oath of the trustee and certified by the president and secretary of the board, the state auditor shall audit such claim and draw his warrant upon the state treasurer for the amount allowed. § 892. Trustees to make rules and by-laws. The board of trustees shall make rules, regulations and by-laws for the govern- ment and management of the university and of each department thereof. It shall also prescribe rules, regulations and by-laws for the admission of students; but each applicant for admission must undergo an examination to be prescribed by the board, and shall be rejected if it shall appear that he is not of good moral character. The board shall also require each applicant for admission in the normal department, other than such as shall, prior to admission, sign and file with such board a declaration of intention to follow the business of teaching in the common schools of this state for at least one year, to pay such fees for tuition as the board may deem proper and reason- able. § 893. Salaries. The board of trustees shall from time to time fix the salary of the president, professors and teachers of such university, and shall certify the same to the state auditor. Such board shall also from time to time certify to the state auditor the ^0 GENERAL SCHOOL LAWS, amount due such persons for salary, and the state auditor shall draw his warrants upon the state treasurer for the amounts so certified. § 894. Secretary of state to furnish laws. The secretary •of state shall deliver to the university fifty copies of each volume of the general and special laws of the state, and the reports of the decisions of the supreme court, hereafter published, for use in the way of exchanges and otherwise in the establishment and maintenance of a law library for the law department of such university. § 895. Supreme court reports, how obtained. He shall procure for the purpose aforesaid from the publishers of the supreme •court reports fifty copies of each volume thereof hereafter published, in addition to the number authorized for other purposes, to be paid for at the same price and in the same manner as such reports are ■delivered to the secretary for other purposes. § 896. Lioan of muskets authorized. The adjutant general or whoever may be in charge of state arms shall, under the direction of the governor, loan to the board of trustees of such university one hundred muskets and accoutrements or as many as can be spared, not exceeding that number, the same to be used for drill purposes, by the students of such university. § 897. Muskets, when returned. In case such arms and accoutrements are needed by the state at any time, the governor or adjutant general under his instructions may call in the same and the trustees of such university shall immediately turn the same over to such officer in good condition. § 898. Geological survey. Duty of trustees. It shall be the duty of the board of trustees of the university to cause to be begun as soon as may be practicable, and to carry on a thorough geological and natural history survey of the state. § 899. Extent of the survey. The geological survey shall be carried on jvith a view to a complete account of the mineral kingdom, as represented in the state, including the number, order, dip and magnitude of the several geological strata, their richness in ores, coals, clays, peats, salines and mineral waters, marls, cements, building stones and other useful materials, the value of said substances for economical purposes, and their accessibility; also an accurate chemical analysis of the various rocks, soils, ores, clays, peats, marls and other mineral substances of which a complete and exact record shall be made. § 900. Meteorological statistics tabulated. The board of trustees shall also cause to be collected and tabulated such meteoro- logical statistics as may be needed to account for the varieties of climate in the various parts of the state; also to cause to be ascertained by baro- metrical observations or other appropriate means, the relative eleva- tions and depressions of the different parts of the state; and also on or before the completion of such surveys to cause to be compiled from such actual surveys and measurements as may be necessary an accu- rate map of the state; which map when approved by the governor shall be the official map of the state. § 901 . Specimens collected. It shall be the duty of said board STATE OF NORTH DAKOTA. - 91 to cause proper specimens, skillfully prepared, secured and labeled of all rocks, soils, ores, coals, fossils, cements, building stones, plants, woods, skins and skeletons of animals, birds, insects and fishes, and other mineral, vegetable and animal substances and organisms dis- covered or examined in the course of said surveys, to be preserved for public inspection free of cost, in the university of North Dakota, in rooms convenient of access and properly warmed, lighted, ventilated and furnished, and in charge of a proper scientific curator; and they shall also, whenever the same may be practicable, cause duplicates in reasonable numbers and quantities of the above named specimens, to be collected and preserved for the purpose of exchange with other state universities and scientific institutions, of which latter the Smithsonian institution at Washington shall have the preference. § 902. Map of the state. The board shall cause a geological map of the state to be made as soon as may be practicable, upon which by colors and other appropriate means and devices the various geologi- cal formations shall be represented. § 903. Annual report of trustees. It shall be the duty of the board, through its president, to make on or before the second Tuesday in December of each year, a report showing the progress of said surveys, accompanied by such maps, drawings and specifications as may be necessary and proper to exemplify the same to the governor, who shall lay the same before the legislative assembly, and the board upon the completion of any separate portion of any of the said surveys shall cause to be prepared a memoir or final report which shall embody in a convenient manner all useful and impertant information accumu- lated in the course of the investigation of the particular department or portion; which report or memoir shall likewise be communicated through the governor to the legislative assembly. § 904. State geologist. The professor of geology in the uni- versity shall be ex officio state geologist. § 904(7. Appropriation for expenses geological survey. There is hereby appropriated out of any funds in the state treasury not otherwise appropriated the sum of six hundred dollars bien- nially to meet the expenses of traveling and other necessary ex- penses connected with a geological survey of the state in accordance with the law providing for a geological survey. § 904/;. Annual appropriation for maintenance. For the year 1899 and for each year thereafter, there is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of two-fifths of a mill upon the dollar of the assessed valua- tion of the property assessment of the state of North Dakota, as fixed by the state board of equalization for the preceding year, the same to be paid monthly to the board of trustees of the University of North Dakota upon the voucher of said board, signed by its pres- ident 92 GENERAL SCHOOL LAWS, Aeticle 2. — Normal Schools. § 905 . Normal schools located. The normal school as estab- lished and located at the city of Mayville in the county of Traill, and the normal school as established and located at the city of Valley City in the county of Barnes, shall continue to be the normal schools of the state. § 906. EndowTQent and maintenance. All proceeds accu- mulating in the interest and income fund ar7"sing from the sale or rental of the lands granted or hereafter to be granted by the state of North Dakota, for such normal schools, are hereby pledged for the establishment and maintenance of such schools. § 907. Management of. The government and management of such schools are vested in a board of trustees to be known as the board of trustees of the state normal schools, and in a board of man- agement for each school to be known as the board of management of the normal school at Mayville, and the board of management of the normal school at Valley City respectively. § 908. Boards, ho'W constituted. The board of management for each normal school shall consist of five members. The board of trustees of such normal schools shall consist of twelve members, ten of whom shall be the members of the respective boards of manage- ment as herein provided. The governor and superintendent of public instruction shall be ex officio members of such board of trustees, and the superintendent of public instruction shall act as president of such board. § 909. Terms of trustees. The governor shall by and with the advice and consent of the senate appoint during each biennial ses- sion of the legislative assembly, five members of such board of trus- tees who shall hold their office for four years commencing on the- second Tuesday in April following such appointment. The governor shall fill all vacancies therein by appointment for unexpired terms. At the first meeting of the board of management of each normal school the members thereof shall take and subscribe the oath of office required of all civil officers and shall proceed to elect a president who shall reside in the vicinity of such normal school, and the principal of the school shall be the secretary of the board but shall have no vote. In the absence of the principal the board may select one of its members to act as secretary. A majority of the members of the board of management shall constitute a quorum for the transaction of business. § 910.0 Commissions. Secretary. The governor shall cause to be issued to each of the members of the board of trustees a com- mission under the great seal of the state, and such commission shall designate the board of management upon which such members shall serve. At the first meeting of the board the members thereof shall proceed to select and appoint a secretary of the board. A majority of the members of the board of trustees shall constitute a quorum for the transaction of business. STATE OF NORTH DAKOTA. 93 § 911. Meetings. Compensation. The board of trustees shall meet at Valley City and at May ville or at the seat of government at such time each year as may be decided upon by the board. The members of the board shall receive their actual and necessary expenses in attending meetings of the board or in other duties connected there- with, which expenses shall be paid out of the state treasury upon the vouchers of the board approved by the state auditor, who shall issue his warrant upon the state treasurer for the amount so approved. The board of trustees shall not be in session for exceeding eight days in any one year nor either board of management to exceed twelve days during each year. The secretary of the board of trustees shall receive such salary as shall be determined by the board not exceeding one hundred dollars a year and his actual expenses incurred in attending meetings of the board, which shall be paid as herein pro- vided for members of the board of trustees. § 912. Treasurer to keep funds. All moneys arising from the interest and income derived from the rental and sale of the lands appropriated to such schools and all moneys that may hereafter be approx^riated by the state, including all moneys raised in any other manner for either of such schools shall be deposited with the state treasurer, to be by him kept in two separate funds, to be known as the fund of the state normal school at Mayville, and the fund of the state normal school at Valley City, respectively, and such funds shall be used exclusively for the benefit of such schools. § 913. Objects of normal schools. The objects of such nor- mal schools shall be to prepare teachers in the science of education and the art of teaching in public schools. The board of trustees, with the assistance of the respective faculties, shall adopt the full course of study prescribed for that purpose, which shall embrace the academic and professional studies usually taught in normal schools. Such schools shall in all things be free from sectarian control. §914. Duties of board as to appropriations. The board of management of each normal school shall direct the disposition of all moneys appropriated by the legislative assembly for current expenses for such school, and shall have supervision and charge of the con- struction of all buildings authorized by law for such school, and shall direct the disposition of all moneys appropriated therefor or accumu- lating therefor as provided in this article. They shall have power to appoint one of their members superintendent of construction of all buildings, who shall receive three dollars per day for each day actually and necessarily engaged in the discharge of his duties, not to exceed fifty days in any one year, which sum shall be paid outof the state treasury as herein provided; but all expenditures incurred under the direction of either of the boards aforesaid shall be audited and allowed by such board of management and the expenditures incurred under the direction of the board of trustees aforesaid shall be audited and allowed by such board. § 915. Salaries of employees. Reports. The board of man- agement of each normal school shall have the care of the buildings 94 GENERA!^ SCHOOL LAWS, belonging to such, school. It shall have power to fix the salaries of employees, except members of the faculty, and to prescribe their respective duties, and to remove any of such employees at any time. It shall at such times as may be determined upon propose to the board of trustees the names of persons as principal, teachers and instructors, with the recommendation that such persons be employed by such board of trustees as the faculty of such school. It shall on or before the third Monday in November of each year, make an annual reDort to the board of trustees, showinar a statement of all expenditures of funds under its direction, the erection and care of buildings, the condition of the schools, and containing such recom- mendations as they may think proper. § 916. Salaries of principal and teachers. The board of trustees shall fix the salaries of the principal, teachers and instructors^ and shall employ the persons therefor that have been recommended by the respective boards of management, unless in the opinion of the board of trustees a reasonable ground exists for refusing to employ such person. The board of trustees shall prescribe the time and the length of the various terms of such schools. §917. The faculty, duties of. The faculty shall consist of the principal, teachers and instructors employed for each school as herein provided. They shall pass all needful rules and regulations for the government and discipline of the schools, regulating the routine of labor, study, meals and the duties and exercises and such other rules and regulations as are necessary for the preservation of morals, decorum and health. They shall carry out the course of study adopted by the board of trustees and shall arrange for the classifica- tion of all pupils in conformity therewith. § 918. Duty of principal. The principal shall be the chief executive officer of the school and it shall be his duty to see that all the rules and regulations are executed. The subordinate officers and employees shall be under his direction and supervision. § 919. Annual report of faculty. The faculty shall, on or before the third Monday in October in each year make an annual report to the board of trustees showing the general condition of the school and containing such recommendations as the welfare of the institution demands. § 920. Biennial reports to governor. The board of trustees shall make a report to the governor on or before the fifteenth day of November next preceding each biennial session of the legislative assembly, containing the several reports of the boards of management and faculties herein provided for, showing the condition of the funds appropriated for the school, the money expended and the purpose for which the same was expended, in detail, and showing the condition of the normal schools generally. § 921. Diplomas. The board of trustees and the respective faculties of each school shall have power to issue diplomas to all per- sons who shall have completed the course of study prescribed for the STATE OF NORTH DAKOTA. 95. normal schools as herein provided, and who shall have passed a satis- factory examination under the direction of the board of trustees, upon the branches contained in such course, and who shall be known to possess a good moral character, which diploma shall set forth the above mentioned facts and shall be designated the state normal school dij)loma. § 922. State professional certificate. Any person who is the holder of such a diploma and who can furnish satisfactory evidence to the superintendent of public instruction that he has had three years' sucessf u] experience as a teacher, shall be granted by the super- intendent of public instruction a state professional certificate, valid for life, as provided by law, and any such person who can furnish satisfactory evidence of one year's successful experience as a teacher shall be granted such certificate, valid for five years, as provided by law. The fees for such certificate shall be as provided by law. Article 4. — Agricultueal College. § 934. Location of. The agricultural college shall continue as now established and located at Fargo in the county of Cass. § 935. Management of. The government and management of such college is vested in a board of trustees to be known as the board of trustees of the agricultural college. § 936. Board of trustees, how appointed. Vacancies. The board of trustees shall consist of seven members, to be appointed as follows: During each biennial session of the legislative assembly there shall be nominated by the governor and, by and with the advice and consent of the senate, appointed for the term of four years, trustees to fill vacancies occurring by the expiration of the term of office of those previously appointed. The governor shall have power to fill all vacancies in such board which occur when the legislative assembly is not in session, and the members of such board shall hold their office until their successors are appointed and qualified as pro- vided in this article. Persons appointed to fill vacancies shall hold office only until the first Tuesday in April succeeding the next session of the legislative assembly. § 937. Commission. Oath. Organization. The governor shall cause to be issued to each trustee so appointed a commission under the great seal of the state. At the first meeting of such board the members thereof shall take and subscribe the oath of office required of other civil officers and shall then proceed to elect a presi- dent, secretary and treasurer, but the treasurer shall not be a member of the board. A majority of the members of the board shall consti- tute a quorum for the transaction of business. The board shall require a bond of its treasurer in such an amount and with such sureties as it may deem proper. § 938. Meetings, where held. Compensation of trustees. The board shall hold its meetings at the city of Fargo at such times as it may designate, but there shall not be to exceed six regular meetinsfs each year; provided, that the president of the board shall ■96 GENERAL SCHOOL LAWS, have power to call special meetings whenever in his judgment it becomes necessary. The members of the board shall receive as com- pensation for their services the sum of three dollars per day for each day employed and five cents per mile for each mile actually and neces- sarily traveled in attending the meetings of the board, which sum shall be paid out of the state treasury upon vouchers of the board duly certified by the president and secretary thereof. § 939. Duties of board. Such board shall direct the dispo- sition of all moneys appropriated by the legislative assembly or by the congress of the United States, or that may be derived from the sale of lands donated by congress to the state for such college, or that may be donated to or come from any source to the state for said college, or experiment station for North Dakota, subject to all restrictions imposed upon such funds either by the constitution or laws of the state ox by the terms of such grants from congress, and shall have supervision and charge of the construction of all buildings authorized by law for such college and station. The board shall have power to employ a president and necessary teachers, instructors and assistants to conduct such school and carry on the experiment station connected therewith and to appoint one of its members superintendent of construction of all buildings, who shall receive three dollars per day for each day actually and necessarily engaged in the discharge of his duties, not to exceed fifty days in any one year, which sum shall be paid out of the state treasury upon the vouchers of said board. § 940. Course of instruction. The object of such college shall be to afford practical instruction in agriculture and the natural sciences connected therewith, and in the sciences which bear directly upon all industrial arts and pursuits. The course of instruction shall embrace the English language and literature, mathematics, military tactics, civil engineering, agricultural chemistry, animal and vegetable anatomy and physiology, the veterinary art, entomology, geology and such other natural sciences as may be prescribed, political, rural and household economy, horticulture, moral philosophy, history, book- keeping and especially the application of science and the mechanic arts to practical agriculture. A full course of study in the institution shall embrace not less than four years, and the college year shall con- sist of not less than nine calendar months, which may be divided into terms by the board of trustees as in its judgment will best secure the objects for which the college was founded. § 941. Board of trustees to JBlx salaries. The board of trus- tees shall fix the salaries of the president, teachers, instructors and other employees and prescribe their respective duties. The board shall -also fix the rate of wages to be allowed the students for labor on the farm and experiment station or in the shops or kitchen of the college. The board may remove the president or subordinate ofELcers and supply all vacancies. § 942. Faculty to adopt rules and regulations. The faculty shall consist of the president, teachers and instructors and shall pass all needful rules and regulations for the government and discipline of STATE OF NORTH DAKOTA. 97 the college, regulating the routine of labor, study, meals and tha duties and exercises, and all such rules and regulations as are neces- sary for the preservation of morals, decorum and health. § 943. Duties of president. The president shall be the chief executive officer of the college and it shall be his duty to see that all rules and regulations are executed, and the subordinate officers and employees not members of the faculty shall be under his direction and supervision. § 944. Faculty to make annual report to board. The faculty shall make an annual report to the board of trustees on or before the first Monday in November of each year, showing the con- dition of the school, experiment station and farm and the results of farm experiments and containing such recommendations as the welfare of the institution demands. § 945. Annual report to governor. The board of trustees shall on or before the fifteenth day of November in each year make a report to the governor setting forth in detail the operations of the experiment station, including a statement of the receipts and expend- itures, a copy of which report shall be sent by the govemoi to the commissioner of agriculture and to the secretary of the treap^^ry of the United States, and the board shall also make a report to the governor on or before the fifteenth day of November next preceding each biennial session of the legislative assembly, containing a financial statement showing the condition of all funds appropriated for the use of such college and experiment station, also the moneys expended and the purposes for which the same were expended, in detail, also the condition of the institution and the results of the expenments carried on there. § 946. Honorary degrees may be conferred. The board and the faculty shall have power to confer degrees upon all persons who shall have completed the course of study prescribed by them, and who shall have passed a satisfactory examination in the branches contained in such course, and who possess a good moral character, § 947. Experiment station. The agricultural experiment station heretofore established in connection with such college is con- tinued and the same shall be under the direction of the board of trustees of such college, for the purpose of conducting experiments in agriculture according to the provisions of section 1 of the act of congress approved March 2, 1887, entitled "An act to establish agri- cultural experiment stations in connection with the colleges estab- lished in the several states under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto." § 948. Legislative assent to grant by congress. The assent of the legislative assembly is hereby given in pursuance of the requirements of section 9 of said act of congress, approved March 2, 1887, to the grant of money therein made and to the establishing of an experiment station in accordance with section 1 of said last men- 98 GEiNEiRAL SCHOOL LAWS, tioned act, and assent is hereby given to carry out the provisions of said act. 8 949. Acceptance of land grant. The grants of land accru- ing to this state by virtue of an act of congress donating public lands for the ase and support of agricultural colleges approved February 22, 1889, is hereby accepted with all the conditions and provisions m said act contained, and said lands are hereby set apart for the use and :support of the^collegeS|herein provided for. § 950. Bond of treasurer. The treasurer of such college shall give a bond in the sum of fifty thousand dollars with at least four sureties to be approved by the board of trustees of such college, con- ditioned for the faithful accounting of all moneys received by him aa such treasurer. Article 5, — Deaf and Dumb Asylum. § 951. Liocation, The deaf and dumb asylum as located by the constitution at Devils Lake shall continue to be the institution for the support and education of the deaf and dumb children of the state. § 953. Board of trustees, how appointed. Such institution shall be under the supervision of a board of trustees consisting of five members, who shall be appointed by the governor by and with the advice and consent of the senate. At each biennial session of the legislative assembly the governor shall nominate and, by and with the advice and consent of the senate, appoint for the term of four years, trustees to fill vacancies occurring by the expiration of the term of office of those previously appointed, and the governor shall have power to fill all vacancies in the board which occur when the legislative assembly is not in session, and the members of such board shall hold their office for the term of four years commencing on the first Tues- day in April succeeding their appointment, and until their successors are appointed and qualified, except members appointed to fill vacancies during the recess of the legislative assembly, which members shall hold only until the first Tuesday in April succeeding the next regular session of the legislative assembly, §953. Organization. Meetings. Such trustees shall meet in the city of Devils Lake. They shall choose from among their num- ber a presid«,nt and secretary, who shall hold office for two years, and until their successors are appointed and qualified. Three members of the board shall constitute a quorum for the transaction of business Such board shall meet annually in the month of April and as often thereafter as may be deemed necessary for the proper transaction of business, upon the call of the president or secretary. § 954. Oath. Duties of officers of boiard. Each member of the board shall before entering upon his duties take and subscribe the oath required of other civil officers, which oath shall be filed in the office of the secretary of state. The president shall preside at all meetings of the board when present and in his absence a president STATE OF NORTH DAKOTA. 99 pro tempore may be named to perform the duties of president. The secretary shall keep a correct record of the proceedings of the boara and have charge, in trust for the institution, of all papers and records of the same. § 955. Board to direct disposition of moneys. The board shall direct the disposition of all moneys appropriated by the legisla- tive assembly or received from any other source for the benefit of 8uch institution. §956. Duties of board. Such board shall have general super- vision of the institution, adopt rules for the government thereof, employ and fix the salaries of all employees, provide necessaries for the institution and perform other duties, not devolving upon the prin- cipal, necessary to render it efficient and to carry out the provisions of this article. §957. Indebtedness limited. The board shall not create any indebtedness against such institution exceeding the amount appropri- ated by the legislative assembly for the use thereof. § 958. Compensation of members of board. The members of the board shall receive as compensation for their services three dollars per day for each day employed, and five cents per mile for each mile actually and necessarily traveled in attending meetings of the board, to be paid out of the state treasury upon vouchers of the board duly certified by the president and secretary thereof. § 959. Fee for nonresident children. Deaf and dumb children, not residents of this state, of suitable age and capacity, shall be entitled to an education in such school on payment to the state treas- urer of the sum of one hundred and eighty dollars per annum, in advance, but such children shall not be received to the exclusion of children of this state. §960. Residents entitled to education free . Each deaf and dumb person, who is a resident of this state, of suitable age and capacity, shall be entitled to receive an education in such institution at the expense of the state. § 961. Deaf to be reported to principal of school. The assessors in each county shall annually report to the county auditor the names, ages, post office address and names of parents or guardian of each deaf and dumb person between the ages of five and twenty- five years residing in his district, including all such persons as may be too deaf to acquire an education in the common schools, Such county auditor shall, on or before the first day of August in each year, send a list containing the names, ages and residences of all such persons to the principal of the school. § 962. Accounts for clothing, how collected. When the pupils of such institution are not otherwise provided or supplied with suitable clothing, they shall be furnished therewith by the principal, who shall make out an account thereof in each case against the parent . or the guardian, if the pupil is a minor, and against the pupil if he has no parent or guardian or if he Jias attained the age of majority; IQQ GENERAL SCHOOL LAWS, which account shall be certified to be correct by the principal, and when so certified such account shall be presumed correct in all courts. The principal shall thereupon transmit such account by mail to the county treasurer of the county from which the pupil so supplied shall have come ; and such treasurer shall proceed at once to collect the amount by suit in the name of his county, if necessary, and pay the same into the state treasury. The principal shall at the same time remit a duplicate of such account to the state auditor, who shall credit the same to the account of the school and charge it to the proper county, provided, that if it shall appear by the affidavit of three disinterested citizens of the county, not of kin to the pupil, that such pupil or his- parents would be unreasonably oppressed by such suit, then such treasurer shall not commence such action, but shall credit the same to the state on his books and report the amount of such account to the board of county commissioners of his county, which board shall levy a sufficient tax to pay the same to the state and cause the same to be paid into the state treasury. § 963. Transportation of indigent persons, how paid. The board of county commissioners shall order to be- paid the expenses of transportation to and from such institution of any indi- gent deaf and dumb children entitled to admission thereto, and they shall at the time of levying other taxes, levy a tax sufficient to reim- burse the county therefor. In order to avoid long delay in transport- ing indigent children to and from the institution, the principal may, upon correspondence with the auditor of such county, pay such trans- portation and forward to such county auditor an itemized statement of the expenses. The board of county commissioners shall'"order the county treasurer to draw his warrants for such amount in favor of the principal of the institution, who shall account for such money as pro- vided by law. § 964. Faculty. Duties of principal. The officers of the institution shall be a principal and a matron. The principal shall be a capable person, skilled in thesign language and all the methods in use in educating the deaf, and shall have knowledge of the wants and require- ments of the deaf in their proper training and instruction. _ The principal and matron must reside at the institution. The principal shall receive a salary of not less than fifteen hundred dollars per annum. The principal shall annually make to the board of trustees a written report stating in full the true condition of the educational, the domestic and the industrial departments of the institution and his action and proceedings therein, which report shall be embraced in the report of the trustees to the governor. He shall keep and have charge of all necessary records and registers of each department and have the supervision of teachers, pupils and servants and perform Buch other duties as the board may require. He may recommend and with the approval of the board employ all assistants needed therein. He shall have special charge of the male pupils, out of school hours^ and shall furnish them with employment about the premises or in. STATE OF NORTH DAKOTA. 101 some trade to which the}'' are adapted when such trades have been organized and established at the institution by the trustees and pro- vision for their maintenance made by the legislative assembly. The proceeds and products arising froim the labor and employment of the pupils shall inure to the use and benefit of the institution. § 965. Duty of matron. The matron of the school shall have control of the internal arrangement and management of the insti- tution and of the female pupils, out of school hours. She shall in- struct the female pupils in the domestic arts or in some trade to which they are adapted, under the direction of the principal. § 966. Board to make biennial reports. The board of trustees shall on or before the fifteenth day of November preceding each regular session of the legislative assembly make a full and com)plete report to the governor, showing: 1. A statement of the financial condition of the institution froim the date of the last report, giving in detail the amount of moneys received from all sources and the amount expended. 2. The value of real estate and buildings at the date of the last report and the cost of improvements made, if any, since such re- port. 3. The number of pupils in attendance, their names, ages, resi- dences, and cause of deafness: also the number that have entered the institution, and the numtoer of those who have left since the last report. 4. The number and cause of deaths, if any, which have occurred in the institution since the last report. 5. The imiprovement, health and discipline of the pupils. 6. The names of the officers, teachers and servants employed. 7. All other needful information touching such matters as may be deemed of interest. 8. Such recommendations as may be deemed needful. § 966a. Providing for equipment. To provide for the erection and equipment of additional necessary buildings for the deaf and dumib asylum at the city of Devils Lake, in the county of Ramsey, the board of trustees of such asylum may receive such sum or sums of money as can be actually used in the construction of permanent buildings and other needed and necessary improvements to be made and expense incurred in connection therewith, not exceed- ing the sum of twenty thousand dollars, and to each person, association, organization or corporation so subscribing and ad- vancing money as aforesaid, the said board of trustees shall issiue a certificate, stating the date of issue and the amount of such sub- scription, which said certificate shall bear interest at a rate of inter- est not exceeding six per cent per annum, and shall be made payable from the funds to accumulate in the interest and income fund arising from interest on permanent fund or from rents re- ceived from any land set apart for said asylum, or from any ap- proipriation that may hereafter be made for that purpose; provided, that until a sufficient amount of money accumulates in the fund provided for that purpose, with which to 102 GiJNERAL SCHOOL LAWS, pay said certificates, the holders thereof shall each be paid a pro rata share of such fund to be paid out on said indebtedness; pro- vided further, that no part of any appropriation hereinafter to be made from the funds of the state of North Dalvota, unless specific- ally appropriated for that purpose, shall ever be used in payment of said indehtedness or any part thereof. § 966(5. Disposition of money received. All money that shall arise from the interest received on all moneys derived from the sale of lands hereinbefore or that may hereafter be appropriated for said deaf and dumb asylum, including all money that may be re- ceived from the renting of said land and all moneys that may be hereafter appropriated for said deaf and dumb asylum, by the state of North Dakota, including all money raised in any other manner or donated to said asylum, shall be deposited with the state treas- urer, to be kept by him in a separate fund, which shall be known as the deaf and dumb asylum fund, and be used exclusively for the (benefit of said deaf and dumb asylum as may he herein or herein- after provided. § 966c. Books open to inspection. Every duty and contract to be performed by said trustees must receive the approval of the majority of the board in regular session duly called, in order to make binding and valid. All proceedings of said board shall be recorded in a book kept for that purpose, and open to the inspec- tion of anybody on request. § 966*^. Itemized vouchers. All money that may come into the treasury of the state of North Dakota, and credited to the deaf and dumb asylum, shall be paid out to the persons entitled thereto, and the state auditor is hereby directed to draw his warrant on the funds in the hands of the state treasurer belonging to said deaf and dumb asylum upon the w^ritten order of the said board of trustees, which order shall be accompanied by itemized vouchers for the full amount of such order; provided, no such order shall be issued un- til there is cash in the treasury wdth which to pay the same. § 966c. No compensation. The trustees shall receive no com- pensation for performing the duties herein prescribed. Article 6. — Blind Asylum. § 967. Location and government. There is hereby estab- lished and located at Bathgate in Pembina county, a blind asylum, which shall be known by the name of the North Dakota Blind Asy- lum. The government and management of said asylum is hereby vested in a board of trustees consisting of five members, which shall be styled the Board of Trustees of the North Dakota Blind Asylum. § 968. Trustees, how appointed. Length of term. The members of the board shall be nominated by the governor, and, by and with the advice and consent of the senate, shall be appointed on or before the third Monday of February of each biennial session of the legislative assembly, for a period of four years from said STATE OF NORTH D^VIvOTA. 103 date ; provided, however, that the first board of trustees shall be appointed b}' the governor at once upon the taking effect of this article; provided, further, that the terms of the first board shall be, three members for the period of four years, and two members for the period of two years, the length of the term of the respective trustees to be designated by the governor in making the appoint- ments. Such appointments shall be made by and with the advice and consent of the senate, when the legislative asseijibly is in ses- sion; otherwise, the trustees appointed shall qualify and hold office until their successors are appointed and qualified. The governor shall have power to fill all vacancies which may occur in said board when the legislative assembly is not in session, and the members of said board shall hold their office until their successors are ap- pointed and qualified as provided herein. § 969. Organization of board. Quorum. The governor shall cause to be issued to each of said trustees a commission, which shall be under the great seal of the state. At the first meeting of said board the members thereof shall take and subscribe the oath of office required of all civil officers and shall then proceed to elect a president, secretary and treasurer, but the treasurer need not be a member of the board. A majority of the trustees shall constitute a quorum for the transaction of business. The board shall require a bond of its treasurer and fix the amount thereof. §970. Meetings of board. Compensation. The board shall hold its meetings at Bathgate and fix the time of holding the same; provided, there shall not be to exceed twelve regular meetings in each year. The members of the board shall receive as compensation for their services three dollars per day for each day employed, not to exceed twentj'-four days in any one year, and five cents per mile for each mile actually and necessarily traveled in attending the meetings of the board, which sum shall be paid out of the state treasury on the vouchers of said board; provided, that until such time as the legislative assembly shall make an appropriation for the construction and maintenance of such asylum, or until there shall be derived from the interest on the proceeds of sales of or rents derived from .the thirty thousand acres appropriated for this asy- lum, sufficient funds to construct and maintain such asylum, the sum of five thousand dollars, the trustees appointed under this article shall receive no compensation whatever, nor shall they issue their warrant upon the state treasury for any purpose whatever. §971. Proceeds from land grant. The thirty thousand acres of land donated b}' congress for the purpose of such blind asylum and appropriated by the constitution of this state therefor, and all moneys received from the interest and income derived from the sales of such lands or rents derived from the leasing of such lands, are hereby appropriated for the construction and maintenance of said asylum. § 972. By-laws and rules of regulation. The board shall 104 GBNElRAL SCHOOL LAWS, direct the disposition of all moneys appropriated by the legislative assembly or the interest on all moneys that may be derived from the sale, or the rent derived from the leasing of land donated by congress to this state and by the constitution of the state appro- priated for such asylum, and shall have supervision and charge of the construction of all buildings provided for or authorized by law for said asylum. Said board shall have power to enact by-laws and rules for. the regulation of all its concerns not inconsistent with the laws of this state, to see that its affairs are conducted in accordance with the requirements of law; to provide employment and instruction for the inmates; to appoint a superintendent, a steward, a matron, a teacher or teachers, and such other officers as in its judgment the wants of the institution may require, and pre- scribe their duties; to exercise a general supervision over the insti- tution, its officers and inmates, fix the salaries to be paid to the officers and to order their removal, upon good cause. § 973. Reports, when made. The board shall make a report to the governor on or before the last Monday iji December next pre- ceding each biennial session of the legislative assembly, containing a financial statement showing the condition of all funds appro- priated for the asylum; also the money expended and the purpose for which the same was expended in detail; also showing the condi- tion of the institution generally. § 973<:7. Instruction of blind children. Until otherwise pro- vided the governor is hereby authorized to contract with the state of South Dakota, or with the state of Minnesota, for the care and instruction of blind children of school age, and shall authorize the :state auditor to issue warrants upon the state treasury for that purpose. Article 7. — Industrial School. ;§ 974. Location of school. The industrial school as estab- lished and located at the city of Ellendale, Dickey county, North Dakota, shall continue to be an industrial school and a school for manual training, the object of such industrial school to be in- struction in the comprehensive way in wood and iron work and the various other branches of manual training, cooking, sewing, model- ing, art work and the various other branches of domestic econo ixj as a co-ordinate branch of education together with mathematics, drawing and other necessary common school studies. § 975. Endowment. All proceeds accumulating in the interest and income fund arising from the sale or leasing of all lands granted or hereafter to be granted by the state of North Dakota or by the constitution of the state of North Dakota for the said indus- trial school, are hereby pledged for the establishment and mainten- ance of said industrial school. § 976. Management. The management and government of such STATE OF NORTH DAKOTA. 105 school shall be vested in a board of trustees, consisting of 'Ave members, two of whom shall be residents of Dickey county, to be known as the board of trustees of the industrial school, and to be appointed as provided in this section. The members of the board shall be nominated by the governor and by and with the consent of the senate, shall be appointed on or before the third Monday in February of each biennial session of the legislative assembly, for a period of four years from said date; provided, however, that the first board of trustees shall be appointed by the governor at once upon the taking effect of this article, and provided, further, that the term of the first board shall be, three members for a period of four years and two members for a period of two years, the length of the term of the respective trustees to be designated by the governor in mak- ing the appointments. Such appointments shall be made by and with the consent of the senate, when the legislative assembly is in session, otherwise the trustees appointed shall qualify and hold office until their successors are appointed and qualified. The gov- ernor shall have power to fill all vacancies which may occur in said board when the legislative assembly is not in session, and the mem- bers of said board shall hold their office until their successors are appointed and qualified as provided herein. § 977. Meetings of board. Compensation. The board shall hold its meetings at the city of Ellendale, in Dickey county, and fix the time for holding the same. They shall not hold to ex- ceed six regular meetings each year, provided, that the president of the board shall have power to call special meetings, whenever in his judgment it becomes necessary. At their first meeting they shall proceed to elect a president and a secretary, but the secretary need not be a member of the board of trustees, and at said meeting they shall adopt a seal for said state industrial school. A major- ity of the board shall be a quorum. Each trustee and the secretary shall receive three dollars per day for each day necessarily employed in attendance upon sessions of the board, and five cents per mile for each mile necessarily traveled, to be paid on presentation of proper vouchers containing an itemized statement of the number of days in attendance and miles actually traveled as above pro- vided, duly verified by his oath and approved by the president -and secretary of the board, and the state auditor shall audit such elaims and draw his warrants upon the state treasurer for the amounts so allowed. § 978. Oath. Bond. Plans and specifications. Before entering upon the duties of his office each member of said board of trustees shall take and subscribe an oath as follows: "I do sol- emnly swear that I will support the constitution of the United States and the constitution of the state of North Dakota, and will faithfully discharge the duties of board of trustees of the state industrial school according to the best of my ability; that I have not received and will not knowingly and intentionally, directly or in- 106 GEiNERAL SCHOOL LAWS, directly, receive any money or other consideration from any source whatever for any vote or influence I may give or withhold or for any other official act I may perform as such trustee, except as herein provided." He shall also execute a bond in the penal sum of three thousand dollars, for the use and benefit of the state of North Da- kota, with two or more good and sufficient sureties to be approved by the governor, and be filed with the secretary of state, conditioned upon the faithful performance of his duties and the honest and faithful disbursement of and accounting for all moneys which may come into his hands under the provisions of this article. The mem- bers of said board having taken the foregoing oath and executed the bond as aforesaid are hereby empowered and required to cause to be prepared suitable plans and specifications by a competent architect. Such plans shall contemplate the erection of a building or buildings which will accommodate not less than one hundred nor more than five hundred students, and shall be accompanied by spec- ifications and by a detailed estimate of the amount required and de- scription of all material and labor required for the erection and full completion of the building or buildings; and no plan shall be adopted that contemplates the expenditure of more money for its completion that the amount reasonably necessary to carry out the object of said institution. § 979. Superintendent of construction. Proposals for building. The said board of trustees shall employ the archi- tect whose plans and specifications are accepted to act as sup- erintendent of construction, who shall receive for such plans and specifications and for superintending construction such pay as the board by agreement shall determine. Which pay shall not exceed an amount equal to five per cent of the estimated cost of said build- ing. Whenever the said plans and specifications shall have been approved and adopted by a majority of the board of trustees they shall cause to be insei-ted in at least two of the daily newspapers published in the state of North Dakota, and having a general circu- lation therein an advertisement for sealed bids for the construction of the buildings herein authorized, and they shall furnish a printed copy of this article, and a copy of the plans and specifications to any person or persons applying therefor; provided, said trustees may advertise as aforesaid whenever there shall be a sufficient amount of money to the credit of said industrial school with which to con- struct all or any part thereof deemed expedient by said trustees to erect or construct; provided, further, that said building or build- ings shall be erected on the piece or parcel of land at or near the city of Ellendale, in Dickey county, donated by the citizens of said city, and now held in fee simple by the state of North Dakota. No trustees or officers of said industrial school shall be in any way in- terested in any contract for the erection of said building or build- ings or furnishing any material for said buildings, and if any such officer be so interested he shall be deemed guilty of a misdemeanor STATE OF NORTH DAKOTA. 107 and on conviction be fined in any sum not exceeding five thousand dollars. § 980. Bonds. Interest. To provide for the erection and maintenance of said state industrial school the said board of trus- tees may issue bonds for such sum or sums of money as can bo actually used in the construction of permanent buildings and other needed and necessary improvements to be made for the maintenance of said state industrial school not exceeding the sum of fifteen thousand dollars; said bonds shall be in denominations of one thous- and dollars each, and be made payable to the purchaser or bearer^ be payable in not less than ten years or more than thirty years from the date of their issue and bear interest at a rate not exceeding five per cent per annum, payable semi-annually on the first of January and July of each year, v^ith coupons attached for each interest pay- ment, and they may be made payable anywhere in the United States. Such bonds shall be executed under the seal of the board of trus- tres of the state industrial school, shall be attested by the president and secretary of said board, and when executed shall be delivered to the state treasurer. The treasurer shall receive sealed proposals for the purchase of the same and shall give public notice of the sale for at least thirty days preceding such sale in two or more news- papers of general circulation, one of which shall be published in the city of New York, giving date of such sale, and such bonds shall be sold to the highest bidder for cash. Said bonds and interest shall be paid from the interest and income fund belonging to the state industrial school, to be accumulated from the sale of lands hereinbefore appropriated, or from the rental of such lands; pro- vided, that if at any time there shall not be sufficient money in such fund to pay such interest, there is hereby appropriated out of the state treasury from funds not otherwise appropriated, a sum suf- ficient to meet the deficiency for the payment of such interest; pro- vided, further, that a sufficient amount of the funds accumulating in the interest and income fund of the state industrial school shall be used and applied solely for the payment of the interest on such bonds, and for the creation of a sinldng fund with which to pay such bonds at maturity. § 981. Treasurer to keep funds. Accounts, how audited. All monej's that may accrue from the interest and income derived from the renting and sale of lands hereinbefore appropriated and all moneys that may hereafter be appropriated by the legislative assembly of North Dakota, including all monej s raised in any other manner for said school, shall be deposited with the state treasurer, to be by him kept in a separate fund^ which shall be known as the state industrial school fund; and such funds shall be used exciu- sively for the benefit of said school, as may be herein or hereinafter provided. The board of trustees of the state industrial school shall audit all accounts against the funds appropriated by the legislative assembly of the state of North Dakota, or held by the state for the 108 GENERA!^ SCHOOL LAWS, use of the state industrial school, and the state auditor shall issue his warrant upon the state treasurer for the amount of all accounts which have been so audited and allowed by the board of trustees and attested by the president and secretary of said board. The board of trustees of the state industrial school shall direct the dis- position of all moneys appropriated, or that may hereafter be appro- priated by the legislative assembly of the state of North Dakota, or may hereafter accumulate in au}^ manner in the state industrial school fund. The board shall have the power to receive all dona- lions, gifts and bequests that may be offered or tendered to or for the benefit of such school, and dispose of the same. All moneys com- ing into the hands of such board shall be immediately covered into the state treasury to the credit of the state industrial school fund. § 982. Faculty. The board of trustees shall have power to employ a president and necessary teachers, instructors and assist- ants to conduct such school, and to prescribe their respective duties and to fix the salaries of such employees. They shall have power to remove the president, instructors and assistants and to fill all va- cancies. The faculty shall consist of the president, teachers and in- structors, and it shall pass all needful rules and regulations for the government and discipline of the school and all such rules and reg- ulations as are necessary for the preservation of morals, decorum and health. § 983. Reports. The faculty shall make an annual report to the board of trustees on or before the first Monday of November of «ach year, showing the condition of the school and containing such recommendations as the welfare of the institution shall demand. The board of trustees shall make a report to the governor on or be- fore the fifteenth day of November next preceding each biennial ses- sion of the legislative assembly, containing the several reports of the faculty herein provided for, and showing the condition of the funds appropriated for the school, the money expended and Ihe purpose for which the same was expended in detail, and showing the number of students in attendance, the work accomplished by them, and the condition of the school in general. CHAPTEK 4.— PUBLIC BOAEDS. Aetiole 3. — Board of University and School Lands. § 169. Board, how constituted. The governor, secretary of state, state auditor, attorney general and superintendent of public instruction shall constitute the board of university and school lands. The governor shall be president; the secretary of state, vice president and the superintendent of public instruction, secretary thereof. In the absence of the superintendent of public instruc- tion at any meeting of the board the deputy superintendent of pub- lic instruction shall act as secretary, but shall not be entitled to a vote. Such board, when acting as such, must act personally; no member can be represented on such board by any assistant or clerk. STATE OF NORTH DAKOTA. 109- § 170. Board, powers of. Subject to the provisions of article 9 of the constitution and the provisions of this article, such board shall have the full control of the selecting, appraisement, rental, sale, dis])osal and management of all school and public lands of the state, including the real property donated to the territory of Dakota under the provisions of chapter 104 of the laws of 1883, except such as has been sold, and the investment of the permanent funds derived from the sale thereof, or from any other source, and shall have power to appoint a competent person to act as the general agent of the board in the performance of all its duties pertaining to the selection, sale, leasing or contracting in any manner allowed by law, and the general control and management of all matters relating to the care and disposition of the public lands of the state, all of whose official acts shall be subject to the approval and supervision of the board. The title of such agent shall be commissioner of university and school lands, and before entering upon his duties as such he shall take the oath prescribed for civil officers and give a bond in the penal sum of ten thousand dollars, with not less than two sureties, to be approved by the board, and recorded in the office of the secre- tary of state and filed, when recorded, in the office of the state treasurer, f^% 171. Meetings of board. Such board shall meet at the office of the commissioner on the last Thursday of each month, at ten o'clock in the forenoon. Special meetings of the board may be held at any time at the written call of the president or any two members of the board. Any three members of the board shall constitute a quorum. § 172. Board to invest school funds. Such board shall have the power and it is made its duty from time to time to invest any money belonging to the permanent funds of the common schools, . university, school of mines, reform school, agricultural college, and deaf and dumb asylum, normal schools, and all other permanent funds derived from the sale of public lands or from any other source, in bonds of school corporations within the state, bonds of the United States, bonds of the state of North Dakota, or in first mortgages on fann lands in the state not exceeding in amount one- third of the actual value ol any subdivision on which the same may be loaned. Such value to be determined by the county board of appraisal of the respective counties as provided for in section 183 ; provided, that at least one-fourth of the whole amount of the sev- eral permanent funds aforesaid as computed by the commissioner of university and school lands at the end of each fiscal year, shall be set apart for investment in first mortgages on farm lands in this state, and only in the manner following, towit: 1, That the said first mortgages and each of them, shall run for a period of time and not to exceed ten years and that the funds so invested shall bear interest at the rate of six per cent per annum, said interest together with ten per cent of the whole amount of the 110 GENERAL SCHOOL LAWS, principal to be paid in annual installments and the interest when paid shall be covered into and become a part of the interest and income fund. 2. First mortgage loans shall only be made upon cultivated lands within the state, and to persons who are actual residents thereof. And in no cases on land of which the appraised value is less than seven dollars and fifty cents per acre, and in sums not more than one thousand dollars to any one person, firm or corpo- ration. 3. All or any of said mortgages may be satisfied at any time after five years from the date when made on payment of the full amount due thereon. All proceedings in regard to investments in first mortgages as provided in this chapter, shall conform to and be governed iby the laws of the state of North Dakota in such case made and provided. Said board of university and school lands shall not purchase or approve the purchase of any (bonds or mort- gages except at a legal session thereof, nor unless every member of the board is notified by the secretary of said board in time to be present at such meeting, and notified also that the question of pur- chasing or acting on a proposition for the purchase of certain bonds or mortgages is to be considered at the meeting, nor unless a majority of all the members vote in favor of such purchase, and the vote on the purchase of every bond and mortgage shall be taken by the yeas and nays and shall be duly recorded in the books of the Iboard. § 173. Records to be kept by secretary. The secretary shall enter in a suitable book kept for that purpose a full and cor- rect record of all the proceedings of said board at each session thereof, which record when approved shall be signed by the presi- dent or presiding ofilcer of the meeting and the secretary; he shall also keep such other books as may be necessary properly to register and describe all bonds and mortgages purchased or taken by it for the benefit of any of the permanent funds under its control. Such books shall be ruled so as to permit the registry of the name and residence of the person offering to sell any such bonds or mort- gages, the district for which such offer is made, a description of the property covered by the mortgage, and a full and detailed descrip- tion of every bond, whether United States, state or school district, and the date, number, series, amount and rate of interest of each bond, and when the interest and principal, respectively, are pay- able; and such record shall be made of every such bond and mort- gage before the board shall act upon the question of purchasing the same. The secretary shall also keep in suitable books a record showing a detailed statement of the condition of all the permanent funds under control of said board, the amount of each fund, how invested, when due, interest paid and any other act in any manner connected with the management of said funds, and shall biennially report all such investments to the governor, to be laid before the STATE OP NORTH DAKOTA. HI legislative assemibly. All the records and record books of such board shall at all times be open for inspection by the public. § 174. Treasurer custodian of funds. All moneys belonging to the permanent funds of the common school and other public institutions derived from the sale of any of the public lands or from any other source shall be paid to and held by the state treas- urer, and be subject to the order of such board, and shall be paid over to order of the board for investment as provided in section 172 of this article, whenever the board requires the same for such investment. The state treasurer shall also be the custodian of all bonds, notes, mortgages and evidences of debt arising out of the management of the permanent funds derived from the sale of any of the public lands of the state or from any other source. § 175. Investments. Ho-w unpaid moneys to be collected. It shall be the duty of the state treasurer, from time to time as the same become due, to collect all moneys due and owing on any and fill of the securities held by him for investment or for permanent funds, and from time to time, whenever required by the board, to make report of the amount of such collections to the board and a dui)licate of the same to the state auditor. If any such moneys shall remain unpaid for thirty days after the same shall become due and payable, he shall make report in detail of all such unpaid amounts to the attorney general, whose duty it shall be to proceed to collect the same by civil action, to be brought and prosecuted in the name of the state. § 176. Manner of investing permanent funds. In the investment of the permanent funds under its control such board shall authorize the state auditor to draw his warrant on the state treasurer, payable out of the proper fund, for the purchase of the bonds or mortgages, which warrant, previous to delivery, shall be registered by the state treasurer in a book provided for that pur- pose. § 177. Incidental expenses of board, how paid. The necessary incidental expenses of the board shall be i>aid out of the state treasury, and upon satisfactory vouchers therefor the state- auditor shall issue his warrant for the same. § 178. Appropriation for interest. There is hereby annually appropriated such sums as shall be found necessary for the ex- penses of purchase, and payment oif accued interest at the time of the purchase, of investment bonds or mortgages for the per- manent funds under the control of said board, payable from the respective fund for which said purchase is made. § 179. Term of office of commissioner. The first term of office of the commissioner provided for in this article shall be for three years from the date of his appointment and until his succes- sor is appointed and qualified, and after the expiration of the first term, all succeeding terms shall be two years, and until his succes- sor is appointed and qualified, subject to removal by the board. In 112 GENERAL SCHOOL LAWS, case of vacancy by death, removal, resignation or any other cause, the board shall fill the same by appointment. § 180. Salary of commissioner. The oommissioner shall re- ceive an annual salary of one thousand five hundred dollars. § 181. Deputy comm.issioner. By and with the consent of the board, the commissioner may appoint a chief clerk, who before entering upon any of the duties devolving upon him by said ap- pointment shall take and subscribe the oath of office required by law and shall execute to the state a bond with one or more sureties in the penal sum of five thousand dollars conditioned for the faith- ful discharge of his duties. § 182. Duties of commissioner. The commissioner, under such directions as may be given by the board of university and school lands, shall have general charge and supervision of all lands belonging to the state, of all lands in which the state has an inter- est or which are held in trust by the state. He shall have the cus- tody of all maps, books and papers relating to any of the public lands mentioned in this article. He shall procure the proper books, maps and plats in which to keep a complete record of all lands^ owned or held in trust by the state for schools, pmblic buildings and for all other purposes, and shall keep true records of all the sales, leases, permits, patents, deeds and other conveyances of such lands made by the state, amount of money paid, date of sale and payment, description of land sold or leased, number of acres thereof, name of purchaser and designation of the fund that should be credited therewith. He shall direct all appraisements, sales, leases; shall execute all contracts of sale, leases, permits or other evidences of disposal of the lands, subject to approval by the board. Upon all contracts, leases or permits issued by the commissioner he shall certify the book and page where the same is recorded. He shall have an official seal with a proper device thereon; and the seal of the commissioner affixed to any contract of purchase, receipts or other instruments issued by him, duly countersigned by him as approved by the board, according to the -provisions of this article, is prima facie evidence of the due execution of such contract or other paper. He shall biennially report to the legislative assem- bly through the board his work during the preceding term, showing the quantity of lands sold or leased, and the amonnt received there- for, the amount of interest moneys received to the credit of the several funds, expense of administration of his department, and all such other matters relating to his office as shall be necessary. § 183. County board of appraisal, duties of. The county superintendent Q,f schools, the chairman oif the board of county com- missioners and the county auditor of each county shall constitute the "County Board of Appraisers" of the public lands of the state in and for their county. The county board of appraisal in each county shall upon the request of the board of university and school lands, designate on or before such date as it may specify, the public lands STATE OP NORTH DAKOTA. IIX of the state iu their eouiitv, that in its judgment can be sold for ten dollars an acre or upwards on the terms prescribed in this article, designating the tracts separately and giving an approximate esti- mate of their selling value. Thereupon the commissioner shall, it so ordered by the board of university and school lands, prepare a list and order an appraisal of such lands as shall be designated m such list, and it is made the duty of such board of appraisers withia ten davs after the receipt of such list to examine such lands and appraise them at their cash value, as nearly as can be determined^ describing each tract or subdivision in parcels not greater than one- hundred and sixty acres, more or less, according to the government survey and in smaller subdivisions thereof if so listed by the com- missioners, and set opposite each described tract or parcel ot land the appraised value per acre thereof; and when such appraisal is- completed, which shall not be later than thirty days after the re- ceipt of the order directing it, the county board of appraisers, or the members of the same who made such appraisement, shall cer- tify to its correctness, and make duplicate copies thereof, one of which shall be forwarded immediately to the board of university and school lands, and the other filed in the office of the county audi- tor for reference. And in addition to the appraisal of such lands the county board of appraisal shall furnish such other information regarding the lands as may be required by the commissioner m the manner and form prescribed by him. The report of sucb appraisal shall be verified by each of such appraisers and shall dis- close any interest, real or contingent, that any of such appraisers- has in any of the lands or improvements so appraised. Any ap- praiser who willfully makes any false statement in such report, relative to such interest in any of the lands so appraised, or im- provements thereon, shall be deemed guilty of a misdemeanor, i or- all services performed under the requirements of this article the appraisers shall be paid at the rate of three dollars per day and actual traveling expenses, upon vouchers approved by the secretary of the board of university and school lands to be paid by the state treasurer upon warrants issued by the state auditor. 8 184 Selecting and certifying lands for sale. The com- missioner shall from the list of lands so appraised and reported by the county board of appraisers select all such tracts as have been appraised at ten dollars per acre and upwards, and upon approva of such selections by the board of university and school lands shall make and certify to the county auditors the list of lands m their respective counties that are offered for sale, and when transmitting: such list shall designate the day and hour for the sale thereof ; pro- vided that such sales shall take place only between the hours of ten o'clock A M and five o'clock P. M. and to be continued from day to. day until all the lands advertised for sale shall have been sold or offered for sale, except that adjournments may be made for any in- tervening Sunday or legal holiday. 8 185. Notice of sale to be published. The county auditor 114 GENERAL SCHOOL LAWS, shall immediately, on receipt of the list of lands mentioned in the preceding section, cause to be published in a paper designated by the county board of appraisers, as prescribed by section 158 of the constitution, a notice of such sale, with the list of lands properly described, that are to be offered for sale, together with the ap- praised value thereof and the terms and conditions of sale. The board of university and school lands shall also publish notices of all sales for the same length of time in one newspaper published at the seat of government. § 186. Manner of sale. On the day and hour appointed for such sale the coimmissioner, except as hereinafter provided, shall ceed to sell or offer for sale at public auction to the highest bid- der, at the court house or at the place where the terms of the dis- trict court are held, of the county where the lands are situated, the lands so advertised, offering them for sale and selling in the order in which they occur in the advertisement for sale. Such lands as have not been specially subdivided shall be offered in tracts of one- quarter section, according to the subdivisions thereof by the United States survey, and those so subdivided in the smallest divisions thereof. No tract shall be sold for less than its appraised value, aijd in no case for less than ten dollars an acre. Whenever the commissioner cannot attend the sale in person such sale may be made by the deputy land commissioner or any other person desig- nated and authorized by the board of university and school lands. § 187. Terms of sale. Each tract of land shall be sold upon the following terms: the purchaser shall pay one-fifth of the price in cash at the time of sale, and the remaining four-fifths as follows: one-fifth in five years, one-fifth in ten years, one-fifth in fifteen years and one-fifth in twenty years, with interest at six per cent per annum on all the unpaid principal, annually in advance. The highest hidder for any offered tract shall be declared the pur- chaser thereof, and shall immediately pay over to the county treas- urer the amount of one-fifth of the purchase price as specified in the terms of sale. In case the purchaser fails to pay the amount so re- quired to be paid at the time of such sale, such commissioner or whoever may be conducting the sale, shall immediately re-offer such lands for sale, but no bids shall be received from the person so failing to pay as aforesaid; and the person refusing or neglecting to make such payment shall forfeit the sum of one hundred dollars for each tract so purchased by him. § 188. Adjournment of sale. No adjournment of the sale can be made after its opening, except as provided in section 184 of this article, but, when the interest of the state will be subserved thereb}^, the board of university and school lands may, at any time not less than two weeks preceding the dates fixed for opening such sale, make an order postponing the same to such date as may be fixed in such order, which shall not be more than sixty days, giving due notice of the same to the county auditor, who shall publish such STATE OF NORTH DAKOTA. 115 notice of adjoiurnment and the day fixed for the sajme, for two suc- cessive weeks in the same papers in which the notice of sale is pub- lished; but the adjournment of any sale shall not require continued publication of the list of lands beyond the time specified in this -article for such publication. § 189. Withdrawal of lands from sale. The board of uni- versity and school lands may, in its discretion, on or before the day of sale, withdraw any or all lauds that may have been advertised for sale or included in any list to be offered in any county, and upon such withdrawal shall notify the auditor of such county, specifying the lauds included in such notice of withdrawal, who shall thereupon strike such lands from the lists in his office, and public notice of withdrawal shall be given at the day of sale before any such lands are offered. § 190. County auditor to act as clerk at sale. Approval of sale. The county auditor shall act as clerk of all land sales and leases made in his county, and it shall be his duty within five days after such sale or lease shall have been concluded to certify to the board of university and school lands a list of lands sold or leased as provided in this article,with the price thereof and the name of the purchaser or lessee of such tract, the aimount for which the lands are sold or leased, the amount of money paid by such purchaser, and the amount of principal remaining unpaid, and the board of uni- versity and school lands shall approve and confirm the sale or lease of every such tract, as upon examination of such certified lists and such further information and investigation as shall be deemed necessary, shall be found to have been sold or leased in accordance with the law and without fraud or collusion. For the services im- posed by this article the county auditor shall be allowed the sum of three dollars per day for each and every day so engaged, to be paid out of any appropriation for the expenses of appraisal and sale of public lands. § 191. Notice to purchaser. Execution of contract. Im- mediately upon approval of the sales by the board of university and school lands, the secretary of such board shall prepare and certify a list of said approved sales to the commissioner, who shall without delay execute duplicate contracts in the form prescribed by the board, and forward the same to the county auditor of the county where the land was sold, whereupon it is made the duty of the county auditor to notify each purchaser in writing of the approval of the sale to him, and to appear within ten days after the date of such notice and pay the county treasurer the amount of interest on the deferred pa;^Tnents as specified in the contract and execute the contracts of sale, and a failure so to appear and execute such con- tract shall act as a forfeiture of the payment made by the purchaser at the sale. When the contracts are properly executed by the pur- chaser and the amount of money due thereon shall have been paid to the county treasurer, the copy marked duplicate shall be delivered 116 GENERAL SCHOOL LAWS, to Mm and the original returned to the land commissioner, and each contract so returned fulh^ executed shall have on its face in the place noted for such purpose the notation of the date of delivery to the purchaser, and all contracts not executed by the purchaser shall be returned to the land commissioner with a written statement thereon of the reason for such return. § 19S. Sales, -when void. Any sale made by mistake, or not in accordance with law, or obtained by fraud, shall be void, and the contract of purchase issued thereon shall be of no effect; but the holder of such contract shall be required to surrender the same to the board of university and school lands, who shall, except in case of fraud on the part of the purchaser, cause the money to be refunded to the holder thereof. § 193. Surveys to be made when necessary. Whenever it appears to the board of university and school lands necessary in order to ascertain the true boundaries of any tracts or portions of lands, or to enable the commissioner to describe or dispose of the same in suitable and convenient lots, it may order all such necessary surveys to be made and the expenses shall be paid out of the state treasurj^ as other incidental expenses of the board of university and school lands are paid. § 194. Subdividing land into small tracts or lots, when to be made. Whenever in the opinion of the board of university and school lands the interests of the state will be promoted by laying off any portion of the land under its control into small par- cels or city, town or village lots, the board may order such commis- sioner to cause the saime to be done, and have the same appraised in the same manner as hereinbefore prescribed. § 195. Sale of lots. New appraisal. All parcels or lots so appraised shall be subject to sale in the same manner and upon the same terms and conditions and the contract of purchase shall have the sasme effect, as in the case of other lands for which provision is made in this article, and at the prices at which the same are sev- erally appraised, until a new appraisal is made, which the board of university and school lands may in its discretion order at any time, in the manner aforesaid, and with the like effect ; but no lots or par- cels so appraised shall be sold for less than the minimum price of said land, established in this article. § 196. Map to be entered of record. Whenever the com- missioner shall lay off any tract of land into small parcels or lots, as provided in this article, he shall cause a correct map of the same to be entered of record in the county where said lands are situated. § 197. Contracts of purchase. Rights under. Contracts of purchase, issued pursuant to the provisions of law, entitle the purchaser, his heirs or assigns, to the possession of the lands therein described, to maintain actions for injuries done to the same, or any action or proceeding to recover possession thereof, unless such con tract has become void by forfeiture; and all contracts of purchase STATE OF NORTH DAKOTA. 117 in force may be recorded in the same manner that deeds of convey- ance are antliorized to be recorded. § 198. Assignee of purchasers. Each assignee of a bona t^de purchaser of any of the hinds mentioned in this article is suD- ject to and governed by the provisions of law applicable to the pur- chaser of whom he is assignee; and he shall have the same rights in all respects as an original purchaser of the same chiss of lands. § 199. Contracts may be surrendered and two or more issued, when. \Vhenever the holder of any contract of purchase of any state or school land shall surrender the same to the commis- sioner with a request to have the same divided into two or more contracts, it shall be lawful for the commissioner to issue the same; provided, that the proposed subdivision shall be only in the smallest of the regular government or state subdivisions; and, provided, that no new contracts shall issue while there is due and unpaid any interest, principal or taxes on the principal contract of sale, nor in' any case where the commissioner shall be of the opinion after an examination of the lands, if necessary, that the security would be impaired and endangered by the proposed division, nor until such proposed change shall have the approval of the board of university and school lands, and for all such new certificates a fee of five dol- lars for each certificate so issued shall be jjaid by the applicant, which fee shall be paid into the state treasury and become a part of the expense fund of the board of university and school lands. § 200. Contract voidable on failure to pay principal or interest. In case the annual interest due on the first day of Janu- ary in any year shall not be paid within thirty days thereafter by the purchaser or by any x)erson claiming under him, the contract shall, from the time of such failure, be voidable. In case any installment on the purchase price shall not be paid within thirty days after the same becomes due by the provisions of contract of sale, the contract, from the time of such failure shall be voidable. And in all cases where any contract becomes voidable by reason of failure to make the payments required by the contract and the terms of this section, the board of university and school lands may in their discretion declare such contracts of sale void; and in case of such declaration, shall notify the holder thereof, of such declara- tion, by w^ritten notice mailed to his postoffice address and send a duplicate copy thereof to the auditor of the county in which such land is situated, and order the commissioner to take possession of the land described in such contract. § 201. Redemption before re-sale. In all cases where the rights of a purchaser, his heirs or assigns, become forfeited under the provisions of this article, by failing to pay the amounts required, such purchaser, his heirs or assigns, may. before the re- sale at public auction of the lands described in such contract, pay to the state treasury the amount of interest due and payable on such contract, and all costs which have been incurred in addition 118 GENERAL SCHOOL LAWS, thereto, together with interest at the rate oi twelve per cent per annum on the interest and costs so due from the date of delinquency to the date of payment, and such payment shall operate as a re- demption of the rights of such purchaser, his heirs or assigns, and such contract from the time of such payment shall toe in full force and effect, as if no forfeiture had occurred; provided, that after the rights of a purchaser, his heirs or assigns shall have become for- feited under the provisions of this article, the board of university and school lands shall have the power, and it is hereby made their duty to provide for the re-sale of said land so forfeited if in their opinion a re-sale of said land shall be most advantageous to the state, otherwise the said board shall provide for the leasing of said land from year to year as herein provided, and after a lease of said land shall be made by said board, the lessee, his heirs and assigns^ shall be entitled to the full and absolute possession of all of said lands and premises so leased. § 202. Fee in state until contract fulfilled. The fee of each, parcel of such lands shall be and remain in the state until the patents hereinafter provided for are issued for the same respective- ly, and no patent shall issue until full payment of all sums and full compliance with all the conditions of the contract of purchase, and in case of non-compliance by the purchaser, his heirs or assigns, with the terms of the contract as aforesaid, or with the provisions of law applicable thereto, any and all persons being or continuing in possession of any such lands after a failure to comply with the terms of the contract as aforesaid, or with such provisions of law, as aforesaid, without a written permission of the commissioner, shall be deemed and held to detain such land forcibly and without right, and to be trespassers thereon. § 203. Recovery of possession. In case any person holds or continues in possession of any of the land mentioned in this article, contrary to the conditions or covenants of any lease or written agreement, he shall be liable to an action of forcible detainer, or any other proper action for the recovery of possession of such lands and damages for detention of the same. § 204. Reconveyance to the United. States. In all cases where lands have been erroneously or improperly certified or con- veyed to the state of North Dakota for school or other purposes by the United States, the governor of the state is authorized to recon- vey or relinquish by the execution, under his hand and the seal of the state, of such conveyances as will be necessary to convey or re- linquish the title which the state may have to such lands. § 205. Patents, when to issue. When any land sold under the provisions of this article has been fully paid for, and all terms of the contract of purchase fully complied with, the board of univer- sity and school lands shall so certify to the governor, who shall thereupon issue to the purchaser thereof, his heirs or assigns, a patent conveying the title of the state to such land, and the gov- STATE OF NORTH DAKOTA. 119 ernor shall in like manner issue a patent to any purchaser of the rights, title and interest of the original purchaser, his heirs or assigns, acquired by any execution sale. All such patents shall be signed by the governor and attested by the secretary of state with the great seal of the state of North Dakota, and shall be connter- sigued by the board of university and school lands with the seal of the secretary of said board. § 206. Patents to be recorded. The registers of deeds of the several counties of this state are authorized to record all patents issued by the governor pursuant to the provisions of this article; and the records thereof shall ha^e the same effect as the record of other conveyances executed according to the laws of this state. § 207. Taxation of lands after sale. Purchaser of tax certificate. The commissioner shall, as soon as possible after a sale of lands, transmit to the auditor of each county, in which any lands mentioned in this article have been sold, a detailed description of each parcel oi the land so sold and the names of the purchasers, and the auditor shall extend the same upon his tax duplicate for the purpose of taxation, and the same shall thereupon become subject to taxation the same as other lands, and the taxes assessed thereon, collected and enforced in like manner as against other lands, i)ro- vided, however, that the purchaser at tax sale of any such lands sold for delinquent taxes shall only acquire by virtue of such purchase such rights and interest as belong to the holder and owner of the contract of sale issued by such commissioner under the provisions of this article, and the right to be substituted in the place of such holder and owner of such contract of sale, as the assignee thereof; and upon the production to the proper officer of the tax certificate given upon such tax sale, in case such lands have not been re- deemed, such tax purchaser shall have the right to make any pay- ment of principal or interest then in default upon such contract of sale, as the assignee thereof. § 208. Payment to county treasurer. Duty of treasurer. The purchaser of any land mentioned in this article, or his assigns, may pay to the county treasurer of the county in which such land lies any amount which may be due froim time to time on the con- tract, either for principal, interest, rents or penalty, and for the amounts so paid the county treasurer shall give to such person a duplicate receipt specifying the amount paid, date of payment, whether for principal, interest or penalty, and the fund to which it is applicable, the number of the contract, the name of the original purchaser of the land, or the assignee thereof, which receipt shall be countersigned by the auditor of said county, and have the same force and effect as if given by the state treasurer. All moneys re- ceived by the county treasurer, under the provisions of this article, shall be held at all times subject to the order and direction of the state treasurer for the benefit of the funds to which the moneys re- spectively belong; and during the months of January, March, June 120 GENERAL SCHOOL LAWS, and October ol each year, and such other times as he may be re- quested so to do by the state treasurer, he shall pay into the state treasury all moneys received on account of such funds since the last payment he may have made. § 209. Bond of county treasurer. Conditions of. The l)ond of each county treasurer shall be conditioned for the honest and faithful discharge of all trusts and responsibility imposed by this article, and for the faithful payment of and accounting for all moneys received by him under the provisions of this article to the state treasurer or any other person entitled to receive the same, and the board of university and school lands shall on or before the first day of January, following any election for county officers, certify to the chairman of the board of county commissioners of each county the amount oi money liable to come into the hands of the treasurer ■of the county under the provisions ol this article, and the board of county commissioners shall add to the amount of the sum required on his regular official bond to the county doiuble the sum so certified ~bj the board of university and school lands, and the record of the proceedings of such board of county comimissioners when fixing the amount of such bond shall specify in two separate items the aggre- gate amount of the bond so made up, designating one sum as the amount to indemnify the countj^, 'and the other to indemnify the state for any losses incurred by reason of failure to comply with the provisions of all laws regulating his duty. § 310. Fees to county treasurer. County treasurers shall be entitled to a fee of one-half of one per cent on each dollar col- lected or received and remitted by them in payment of principal or interest, fines, penalties and damages on state lands, which fee shall ibe payaible from the general fund of the class of lands on which l^ayment is made to such treasurer, and such fee shall be paid to the county treasurer on vouchers countersigned by the county auditor and approved by the commissioner of university and school lands and such approved vouchers shall be paid out of any ap'propriation for the expenses of appraisement and sale of such lands. § 211. Duty of county auditor. The county auditor shall, at the time he is required by law to return abstracts of settlement to the state auditor, also forward to the land commissioner all dupli- cate or triplicate receii)ts of principal, interest, penalty or rental on state lands, with a certified statement of such collection by the county treasurer, specifying the amount of each item ; and he shall also make such return at any other time as may be required by the board of university and school lands. § 2 1 2. List of lands sold to be furnished county treasurer. On or before the first day of December in each year the commis- sioner shall cause to be made out and transmitted to county treas- urers a statement showing the lands sold in their respective coun- ties, the number of the contracts of purchase, the name of the per- son to whom each contract was issued, and the amount of both prin- STATE OP NORTH DAKOTA, 121 cipal and interest due on each on the first day of January, together with such directions, instructions and blanks as shall enable the country treasurers to carry out the provisions of this article. § 213. To-wnship assessors to examine state lands. It shall be the duty of all township and district assessors, whenever required by the commissioner to examine and report on any lands designated to them by him, in the manner and form prescribed by him, and for such examination they shall be paid at the rate of three dollars per day for time actually engaged, upon vouchers ap- proved by the commissioner. § 214. Transfer of records to commissioner. All abstracts and conveyances of title to the state of North Dakota, whether the said lands are held for penal, educational, charitable, school or other purposes, shall be, by those in whose charge such conveyances now are or may come, deposited with and remain in the control of the commissioner of university and school lands. §215. Permanent and general funds. The principal accru- ing from all sales of school, university or other state lands under the control of the board of university and school lands, as provided for in this article, shall become a part of the several permanent funds to which they respectively belong and shall not be reduced by any means whatever. All moneys received as interest, for rents, penal- ties, permits or from any source other than from the principal of sales shall become a part of the general or current funds to which they respectively belong and shall be distributed as directed by law. § 216. Quantity of lands to be sold. No more than one- fourth of the common school lands of the state shall be sold within the first five years after the}^ become salaible under the provisions of section 155 of the constitution, nor more than one-half of the remainder within ten years after the same become salable as afore- said. The residue may be sold at any time after the expiration of such ten years; provided, hoM'^ever, that the coal lands of the state shall not be sold, but may be leased under the provisions of any law governing such leases. The words "■coal lands" include lands bearing lignite coal. §217. Lands subject to lease. All the common school lands and all other public lands of the state that are not of such value as will admit of appraisal at ten dollars or more per acre, at the time of any regular appraisal, may be leased; provided, that no leases can be granted for a period longer than five years, and only for pasturage and meadow purposes, and at a public auction after notice as hereinafter i)rovided; provided, further, that all of such school and public lands now under cultivation may be leased at the discretion and under the control of the board of university and school lands for other than pasturage and meadow purposes until sold. All rents shall be paid annually in advance. § 217(7. May lease cultivated lands. The commissioner of 122 GENERALr SOHOOL LAWS, university and school lands is hereby authorized and empowered to lease cultivated school and institution lands in the several coun- ties of the state for the period of two years for the purpose of sum- mer-fallowing the first year and cropping the next, when in his opinion it is necessary so to do in order to clear the same of noxious weeds, said lessee to pay only one year's rent for the same. When any lands are leased as above provided the party so leasing the same, before lease is approved by the board of university and school lands, shall pay to the county treasurer of the county in which the land is situated the total amount of rent therefor. Should the lessee so renting the land as above provided fail or neglect to sum- mer-fallow the same at the proper time, the board of university and school lands in their discretion may declare the lease canceled and the amount paid thereon will thereby become forfeited. § 218. Appraisal for lease by county board. It shall be the duty of the county board of appraisers, each and every year if so ordered, to appraise in the same manner as all other lands that are listed for taxation are appraised, all the common school and other public lands of the state in their respective districts that may be included in the order, making a return of all such appraisals to- the board of university and school lands in the form prescribed on blanks fiurnished by the board ; such returns to be made on or before the first day of July of the same year; and for any services per- formed as required by this article they shall be paid at the rate of three dollars per day, to be paid by the state treasurer omt of the funds appropriated for the current expenses of such board. It shall be the duty of the board of university and school lands to equalize the appraisements so returned as to coiunties by adding thereto or taking therefroim such a uniform percentage as anay in its judgment seem proper and fair in order to arrive at a just and equitable equal- ization between the several counties, and upon such valuation so fixed the board of university and school lands are authorized to fix a per cent per acre as the minimum price at which the land can be leased; provided, that the lowest price of lands leased for pasturage cannot be below one-half of one per cent of the aveijage value in the county, and for any cultivated lands in the county the lowest price cannot be below two and one-half per cent of the appraised value of each cultivated tract. And when advertising the same for lease they shall set opposite each description the value thereof as equal- ized by them, which valuation shall form the basis for leasing the same. § 219. Selection of lands for lease. The board of university and school lands shall have power, and it is hereby made its duty to select from the lands so appraised such tracts as in the judgment of the board can be leased with profit to the school and other perma- nent land funds of the state, or as the legislature may by law order to be leased, and shall at smch time as in its judgment is for the best interests of the state, proceed to advertise for lease and offer for STATE OF NORTH DAKOTA. 123. lease, in each succeeding year, sucli lands as have thus been se- lected. § 220. Advertisement for leasing. All such lands to be leased or offered for lease lying within the respective counties shall by the board of university and school lands be advertised for lease by pub- lication once a week for not less than sixty days in some newspaper of general circulation in the vicinity of such lands. Such advertise- ment shall contain the designation or proper description of each tract or parcel of land so to be leased, the appraised value Oif each tract and the per cent on such valuation fixed by the board as the minimum price at which such land can be leased and the terms of the lease. A copy of such advertisement shall also be posted in a conspicuous place at the court house of the count}', and a notice of the time and place where the said lands are to be leased shall also be published for not less than sixty days in one newspaper at the seat of government by such board of university and school lands; provided, that if in the opinion of the board there will not be suffi- cient of such lands situate in any count}^ leased to pay the expenses of advertisement in a newspaper, the notice may be given by posting as aforesaid. § 221. Manner of leasing. By -whom made. Ho-w con- ducted. It shall be the duty of the commissioner of university and school lands, or such other person as may be appointed by the board of university and school lauds, to conduct the leasing of such lands in accordance with the provisions of this article and such directions as shall be prescribed therefor by the board; provided, that the leas- ing shall be at public auction to the highest bidder at the court house or place where terms of the district court are held, commenc- ing on the day specified in the advertisement for such lease and between the hours of ten o'clock A. M. and five o'clock P. M. to con- tinue from day to day until all tracts or parcels of land advertised for lease shall have been leased or offered for lease; but the time for leasing the same shall not exceed ten days in any county, except' that an adjournment may be made over the Babbath or any legal holiday. In counties where a large number of tracts of land are to be leased the land situated in certain townships may be designated in the advertisement to be leased on certain specified days and in such case such lands shall be leased or offered for lease on such specified days, or for want of time for the leasing or offering for lease of all such designated lands, the leasing of those unoffered may be adjourned until the following day or days, when they must be the first lands offered for lease. Such lands as shall not have been specially subdivided shall be leased or offered for lease ia tracts of one-quarter section each, and those so subdivided in the smallest subdivision thereof. Notice must be given when the land is offered that all bids are subject to approval by the board. At the time of offering the lands for lease the county auditor of the county shall act as clerk, and it shall be his duty to make report 124 GENERAL SCHOOL LAWS, thereof, stating the terms of such leasing, as is prescribed in section 190 for making reports of sales. § 222. Bidders to pay first year's rent at time of lea-sing. Provisions for failure to pay. The highest bidder for any par- cel of land shall at once deposit the amount of his bid with the county treasurer, who shall act as treasurer of said leasing, failing to do which the bid of the next highest bidder shall be accepted under like conditions; provided, his bid shall not be less than the minimum price as fixed under and in pursuance of section 218. § 223. Adjournment of lease. Whenever the board of uni- versity and school lands finds that the interests of the state will be suibserved by the adjournment of the time for offering lands for lease, the authority conferred by section 188 for adjournment of sales is made applicable to the leasing of lands. § 224. Approval of lease and execution of contract for lease. The board of university and school lands to have po'wer to lease to applicants in certain cases. Immediately upon receipt of the report of the county auditor as required by this article, the board of university and school lands shall approve and confirm the lease of all such tracts as in its judgment should be made, and shall at once certify a list of the approved leases to the commissioner who shall without delay execute duplicate contracts of lease in the form prescribed by the board, and forward to the lessee a copy marked "duplicate," the "original" being filed in the office of the commissioner, who shall also forthwith certify to the auditor of the proper county, a list oi such leases as have been iiipproved by the board. In case any of the lands in any county may remain unleased after the date advertised for the leasing, the board shall have authority to make contracts of lease for said lands to the first applicant therefor at not less than the minimum price thereof. § 225. Lessee not to destroy timber. No lessee of any of the common school or public lands of the state, or his heirs or assigns, shall cut down or take away from such tract any timber, trees or wood, or suffer or cause the same to be done by any person, except that such lessee may cut down or use such amoamt of dead, or prostrate trees, or timber as may be sufiicient to supply him with fuel for his family or the families of his employees actually residing upon such tract. Any lessee violating the provisions of this sec- tion shall forfeit his lease and all rights and interests thereunder, and shall be liable to the state for damages sustained by the state by reason thereof, and shall be guilty of a misdemeanor. § 226. Lessee not to break uncultivated land. No lessee, or the heirs or assigns of any lessee, of any of the common school or public lands of this state, leased for meadow or pasturage purposes, or of school or public lands leased for the purpose of cultivation, which may contain any uncultivated or unbroken land, shall break, plow or cultivate any unbroken land on any tract so leased, or cause STATE OF NORTH DAKOTA. 12S or suffer it to be done by any other person. And any lessee, or bis heirs, or assigns, who shall violate the j^rovisions of this section shall incur the same forfeitures and liabilities as are provided in the preceding section, and shall also be guilty of a misdemeanor. § 227. Hay not be cut before July 1st. No lessee or his heirs or assigns, shall mow or cut for hay or feed any grass on any unbroken land, or cause or suffer the same to be done by any other person prior to the first day of July in any year. And any lessee or his heirs or assigns, who shall violate the provisions of this sec- tion shall incur the same forfeitures and liabilities as are provided in section 225, and shall also be guilty of a misdemeanor. § 228. Board of university and school lands to grant permits to cut hay and to remove dead and dovrn timber. The board shall have authority, when in its judgment it is for the best interests of the state so to do, to sell the right to cut grass on any of the public lauds of the state and to sell any down and dead timber on said lands for such price, terms and conditions as they may think proper, but no dead timber, if standing, shall be deemed to be included in the sale unless expressly so specified in the per- mit. All such permits shall only be for the current season and be- tween the fifteenth day of June and the first day of April of the fol- lowing year, and no control or rights of occupancy of said land shall be other than what is specified in such permit; said permit shall be sold by the several county treasurers, whose duties and compensa- tion shall be prescribed by the board of university and school lands, but said comipensation shall be based upon a percentage of amounts of monej' collected and remitted toi the state treasurer from said sale of grass and timber in their respective counties. All f)ermits shall be paid for in advance. § 229. Trespass upon public lands. Civil action for^ Whoever commits any trespass upon any of the lands owned, or held in trust, or otherwise by the state shall be liable in treble damages in an action to be brought in the name of the state, if such trespass is adjudged to have been willful; but single damages only shall be recovered in such action if such trespass is adjudged to have been casual and involuntary. § 230. Willful trespass. Penalty. Whoever commits any willful trespass upon any of the lands owned or held in trust or otherwise by this state, either by cutting down or destroying any timber or wood standing or growing thereon, or by carrying away any timber or wood therefrom, or by mowing or cutting or remov- ing any hay or grass standing or growing or being thereon, or who injures or removes any buildings, fences, improvements or other property belonging or appertaining to said land or unlawfully breaks or cultivates any of said lands or aids, directs or counte- nances such trespass or other injury shall he deemed guilty of a misdemeanor, and on conviction thereof shall be punished by im- prisonment in the county jail not more than one year, or by fine 126 GENERAL SCHOOL LAWS, not exceeding five hundred dollars, or both such fine and imprison- ment, in the discretion of the court. And whoever is occupying, residing upon or in possession of any school or other public lands owned or held in trust or otherwise by the state at the time of the passage, approval and taking effect of this act without a valid lease therefor shall be deemed and held to be a willful trespasser thereon, and guilty of trespass upon such land, and upon convic- tion thereof shall 'be punished as provided for in this section for any other act oif trespass. ' § 231. Property to be seized. In addition to the penalties provided for in this article against those committing trespass upon any of the lands owned or held in trust or otherwise by this state, the commissioner is authorized and empowered without legal pro- cess to seize and take, or cause to be seized and taken any and all timber, grass, wood or other property unlawfully severed from such lands, whether the same has been removed from such lands or not, and may dispose of the property so seized and taken, either at pub- lic or private sale, in such manner as will be most conducive to the interests of the state; and all moneys arising therefrom after de- ducting the reasonable and necessary expenses of such seizure and sale shall be made a part of the general fund belonging to the public lands and shall be distributed in accordance with the pro- visions of this article. § 232. Damages. All damages recovered for any trespass, or other injury upon ar to any of the lands mentioned in this article, shall be paid over to the state treasurer for the benefit of the gen- eral fund to which the same properly belongs. § 233. State's attorney to prosecute and report. The state's attorneys of the several counties shall promptly report to the commissioner all cases of trespass committed upon such lands, which may come to their knowledge, and shall, when directed by the attorney general, prosecute all actions for any trespass or injury thereto, or for recovery of possession thereof, or otherwise § 234. Expenses of sale, how paid. The expenses of publishing notices of the sale of the universit5% school and all other public lands of the state shall be paid by the state treasurer upon the warrant of the state auditor out of the general or current funds of the different institutions as designated in section 215, and such expenses shall he apportioned according to the receipts cred- ited each fund from proceeds of each and every sale. All bills for such publishing shall be verified by the publisher and approved by the board of university and school lands. § 234:a. Expense of advertising and leasing. There is hereby annually appropriated out of any funds in the treasury not othrwise appropriated the sum of two thousand dollars, or so much thereof as may be found necessary, for the purpose of paying the expense of advertising the co'mmon school lands for lease and the attendant expense of leasing the same. STATE OF NORTH DAKOTA. 127 § 234/;. Fees for service. Duty of county treasurers. It shall be the duty of the commissiouei- of university and school lands to charge and collect the following fees: For each lease of school or other state lands, 75 cents; for each contract for lands pur- chased, 11.00; for each patent, |1.25; for approving and recording each assignment of school land contract, |1.50; for furnishing certi- fied copies of school land contract, |1.50. All fees must be paid in advance and when collected must be paid into the state treasury at the end of each month and be placed to the credit of the expense fund of the board of university and school lands. It shall be the duty of the county treasurer of any county where any such lands are leased or sold to collect the fees hereinbefore provided for at the time the first payment thereon is made for leases and contracts of sale and transmit the same to the commissioner on the first day of each month. § 235. Appropriation for expenses of board. There is hereiby annually appropriated out of any funds in the treasury not otherwise appropriated the sum of five thousand dollars, or so much thereof as may be found necessary, for the salaries and ex- penses of the commissioner of university and school lands, clerk hire, record books, blanks and all such other expenses as shall be necessarily incurred by the board of university and school lands in carrying out the provisions of this article, and such expenses shall be paid out of the treasury, and upon satisfactory vouchers therefor the state auditor shall issue his warrant for the same. STATE OF NORTH DAKOTA. 129* APPENDICES. APPENDIX A. SPECIAL LAWS. The following special laws enacted by the legislative assembly from 1877 to June 20, 1886, pertaining to the organization and gov- ernment of independent school districts and acts amendatory there- of are in full force and effect, to-wit : (a) "An act providing a board of education for the city of Fargo, Dakota Territory, and regulating the management of the public schools therein," approved February 20, 1879. (b) "An act providing for a board of education for the city of Jamestown, Dakota Territory, and regulating the management of the public schools therein,'' approved March 3, 1883. (c) "An act providing for a school board for the city of Lisbon, and for other purposes," approved March 13, 1885. (d) "An act to create certain territory now within the school township of Brightwood, Richland County, Dakota Territory, as an independent school district. No. 1 (Hankinson), Kichland county, Dakota Territory," approved March 13, 1885. (e) "An act establishing the independent school district of Wal- cott, Richland County, Dakota Territory," approved March 13, 1885. (f) "An act to create a joint school township (Waziya) in the counties of Griggs and Steele," approved March 13, 1885. All other special and private laws pertaining to the estaiblishment and management of schools in that portion of the Territory of Dakota which now constitutes the state of North Dakota, have expired by their own limitation, or otherwise. 130 GENERAL SCHOOL LAWS, APPENDIX B. STATUTES NOT INCLUDED IN SCHOOL LAWS. PENALTY FOR FAILURE TO MAKE REPORTS. § 306. Penalty. Any county, city, village, civil town- ship, school township or school district officer, who is required by law to make an official report to any other county, city, village, civil township, school township or school district officer, board, tribunal or state officer, and who willfully neglects to make such report, or fails to perform such official duties, shall forfeit and pay to the state a penalty of not less than ten nor more than two hun- dred dollars, to be recovered from such delinquent officer, or from him and the sureties upon his official bond, in a civil action to be brought by the state's attorney in any court of record having juris- diction. § 307. Examination of records. State's attorney to prose- cute. It shall be the duty of the board of county commissioners and the state's attorney in each county to exaimine the records of the several county officers at the end of the officer's term of office to see that they have been properly kept. Any failure must be remedied or it shall become the duty of the state's attorney to pros- ecute any such officer for neglect as provided in the last section. It shall also be the duty of the city council, board of aldermen, vil- lage trustees, civil township supervisors, school township or school district board, as the case may be, to examine the records of their several officers in a like manner, or upon complaint by the proper board the state's attorney shall prosecute as provided in the last section. § 308. Blanks to be furnished. It shall be the duty of the county, city, village, civil township, school township or school dis- trict officers to provide at the expense of the county, city, village, civil township, school township or school district, such blanks and records as are necessary for making the proper record and the transaction of any official business connected with his office. FILING BOND OF TREASURER. § 346. Bonds of to'wrnship and school district officers. It shall be the duty of each county auditor on or before the first ■day of March in each year to procure the proper blank bonds and send them to the clerk of each township and school district, and all such officers required by law to give bonds shall procure such bonds STATE OF NORTH DAKOTA. 131 from the proper clerk; and shall imimediately after the execution and approval thereof hand the same to the clerk of the township, whose duty it shall be forthwith to file such bonds, except those of justices of the peace, with the county auditor, and the county auditor shall on receipt thereof examine such 'bonds and see that they are properly executed and, if he finds that any bonds are not executed according to law, he shall note thereon any errors and return them to the clerk for correction, and it is hereby made the duty of the clerk to have such bonds corrected forthwith and re- turn the same to the county auditor. The comnty auditor shall not issue any order upon the county treasurer for funds or money be- longing- to a civil township or school district to any person as treasurer of such township or school district until his bond has been filed as in this section provided, BONDS. § 2474. Bonded indebtedness, for what incurred. Limit of. Any city or municipal corporation in this state may incur a bonded indebtedness for the purpose of erecting public school buildings and other buildings for city purposes, purchasing fire apparatus, putting in waterworks, sinking public wells or cisterns and putting in sewers and imiproving streets, which said indebtedness, together with the indebtedness which then exists shall not, except as otherwise provided, exceed five per cent of the assessed valuation of the taxable property in such city or municipal corporation as shown by the return of the assessor for the year next preceding the time at which such indebtedness shall be in- curred. § 2475. Bonds, hovsr issued. Election. The bonds issued for the purposes mentioned in the last section shall be issued by the city council or board of trustees of any city or mmnicipal cor- poration only upon a majority vote of the qualified electors of such city or municipal corporation voting thereon at an election regularly called for that purpose and in accordance with the pro- visions of the charter of such city or municipal corporation govern- ing the issuance and sale of bonds; provided, that in all cities and municipal corporations where the charter does not provide the manner of calling and holding an election for the purpose aforesaid, a special election shall be called and held as herein provided, or such question may be submitted at any annual election. The city council or board of trustees at any regular meeting thereof may decide to call a special election to vote bonds for any of the pur- poses stated in section 2474, and they shall give at least fifteen days' public notice of such election by at least two publications thereof in a weekly newspaper published therein, or if there is no such newspaper then by posting such notice in five public places in such city. Such notice shall state the amount and denomination of the bonds to be voted for, the rate of interest thereof, the purpose 132 GENERAL SCHOOL LAWS, for which such bonds are to be issued, the form of the ballots to be used and the time and place of holding such election. The judges, and clerks shall be appointed and the election shall be conducted as provided by the charter of said city for conducting annual elections, and the returns shall be canvassed and in like manner returned. This article shall not be construed to limit or restrict the powers already conferred by any special chapter upon the council of any city or municipal corporation. The bonds voted as provided for in this article shall be sold at not less than par value. § 2483. Bonds may be refunded. All bonds heretofore issued by any city or by or under the authority of the board of education of any city in this state for school or school house, purposes may be refunded in the discretion of said board in the manner herein- after provided, whenever there is not sufficient money in the treas- ury of such city applicable thereto, to pay such bonds. § 2484. Denomination of bonds. Said bonds shall be in denominations of not less than one hundred nor more than one thousand dollars, shall be numbered consecutively from one up- ward, shall bear the date of their issue, shall be made payable ta the purchaser or bearer, shall be payable ten years from date, and shall bear interest at a rate not exceeding seven per cent per annuim payable annually, with interest coupons attached, and principal and interest shall be made payable at such place as may be desig- nated by the board of education. The bonds and each coupon shall be signed by the mayor and attested by the city clerk or auditor under the seal of the' city. Said bonds shall be printed, engraved or lithographed on bond paper, and a duly authenticated copy of this article shall be printed on the back of each bond. § 2486. Bonds, ho^w executed. The refunding of indebtedness and the issuance of bonds provided in this article shall be under the control and direction of the board of education, and a resolution of said board directing the execution of such bonds and specifying the number and amount of each bond shall authorize and require the mayor and city clerk or auditor to execute the same in the manner herein provided, and deliver the bonds so executed to the board of education who shall provide for the sale and negotiation thereof or for the exchange of said bonds for outstanding bonds authorized to be refunded under this article, as they may deem best; provided, that such refunding bonds shall not be sold or exchanged at less than par value. Both principal and interest of said bonds shall be paid by the city treasurer by warrants drawn upon the funds created therefor and issued under the direction of the board of education. A duly certified copy of the resolution of the board of education authorizing and directing the execution of such bonds by the mayor and city clerk or auditor shall be printed on the back of each bond. A register of all bonds so executed shall be made by the city clerk or auditor and kept in his office as STATE OF NORTH DAKOTA. 133 a public record, showing tlie number, date, amount, interest, name of payee and when and where payable, of each and all bonds exe- cuted under the provisions of this article. And after such out- standing bonds shall have been so refunded the same shall be placed in the hands of the city clerk or auditor after having had first marked across the face thereof in red ink the words "refunded bond;" and the city clerk or auditor shall thereupon make a record of each bond in the same manner provided herein for bonds issued under this article and at the next regular meeting of the city coun- cil shall cancel and burn said bonds in the presence of the city council and make a record O'f such action in the proceedings of the council. § 2487. Interest fund. Any city, town or village in this state having not less than three thousand inhabitants is authorized and empowered through its proper officers tO' levy and collect taxes not exceeding twelve mills on the dollar of the assessed valuation oif said city, town or village, for the purpose of creating an interest fund with which to pay interest upon the existing bonded indebted- ness of such municipality, including bonds, if any, issued under the direction of the resipective boards of education therein. If any officer of such municipality shall use the moneys collected by virtue of this section for any other puri>ose than that expressed herein, lie shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred nor more than five hundred dollars or imprisoned in the county jail not less than thirty days nor more than one yeav. § 2488. Sinking fund. They may also levy and collect taxes not exceeding four mills on the dollar for the purpose of creating a sinking fund to pay the bonds of the municipality as tlie same may mature; and the proper officers of the municipality may invest the money in said fund in interest bearing securities of the state or of any organized county therein or of the municipality, and shall in no other manner dispose of the money in said fund, and if any officer of such municipalities shall use the money in said fund in any other manner than as provided in this section he shall be guilty of a misdemeanor. BONDS FOR LABOR AND MATERIAL FOR PUBLIC BUILDINGS. § 4802. Bonds from contractors on public improvements. Whenever any public officer shall, under the laws of this state, enter into contract in an}- sum exceeding one hundred dollars, with any person for making any public improvements, or for constructing any public building, or making repairs on the same, such officer shall take from the party contracted with a bond, conditioned to the effect that such contractor shall pay all indebtedness incurred for labor or material furnished in the construction or repair of such public building or in making such public improvements. 134 GENERAL SCHOOL LAWS, § 4803. How bond executed. Such bond shall run to the state of North Dakota, shall be executed by two or more sureties and shall be for an amount at least equal to the price stated in the contract. It shall be approved by the clerk of the district court of the county in which such building is to be constructed or such public improvement is to be made and the sureties thereon shall qualify in a sum equal to double the amount specified in the bond. § 4804. Where bond filed. Recovery on. Such bond shall be filed in the office of the clerk of the district court of the county in which such public improvement is to be made or such public building is to be erected; and any person to whom there is due any sum for labor or material furnished, as stated in section 4802, or his assigns, may bring an action on the bond for the recov- ery of such indebtedness ; provided, that no action shall be brought on such bond unless commenced within one year from the com- pletion of such public improvements, repairs or buildings. SPECULATION IN OFFICK PROHIBITED. § 7632. Unlawful purchases by school district officers. Every person who while an officer of any school district or corpora- tion, or deputy or clerk of such officer, directly or indirectly, buys or traffics in or in anywise becomes a party to the purchase of any school warrant, order or scrip, or any bill, account, claim or evi- dence oif indebtedness against his school district or corporation, for any sum less than the full face value thereof, is guilty of a mis- demeanor, and upon conviction thereof is punishable by a fine of not less than fifty and not exceeding five hundred dollars. APPENDIX— C. DIGEST OF DECISIONS OP SUPREME COURT. SCHOOL DISTRICTS — POWERS. Laws Dak. 1879, Chap. 14, Sec. 29, Subd. 4, provides that the in- habitants qualified to vote at a school district meeting may vote for a site for a school house. By subdivision 5, they may vote a tax to purchase or lease such site. By section 56, it is made the duty of the district board "to purchase or lease such site for a school house as shall have been designated by the voters at a district meeting," and to build such a school house as the voters of the district shall have agreed upon. Held, that the power to acquire a site for a STATE OF NORTH DAKOTA. 135 school house is vested exclusively in the voters of the district, and the board have no independent authority whatever. Farmers' and Merchants' National Bank of Valley City, vs. School District No. 53, Barnes County, 42 N. W., 767. The statute restricts the amount of obligations a school district may incur in any one year to 1^ per cent on the value of the taxable property in the district. Held, that warrants payable immediately, for sums exceeding such percentage, are invalid. Id. The district may plead ultra vires to an action on warrants issued, for the purchase of a school site by the district board without authority. Id. SCHOOI. AND SCHOOL DISTRICTS — TAXATION — CONTRACTS. Laws Dak. 1879, Chap. 11, Sec. 29, Subd. 5, provides that school districts may vote annually a tax of 1 per cent on the taxable prop- erty of the districts to purchase or lease a site for a school house. Subdivision 8 provides that school districts may vote a tax as may be necessary, not exceeding one-half per cent in any one year, to furnish the school with furniture and apparatus. A school board issued orders in excess of 1 1-2 per cent of the taxable property in the district, on which they obtained money, which was used in pur- chasing a site and building, and furnishing a school house; and, on completing the school house two years thereafter, reported such or- ders, showing that they amounted to less than 1 1-2 per cent tax for each of the two years would have produced, and the district ac- cepted and occupied the school house, and approved the report. Held, that the district had power to issue the orders, and had ratified the action o'f the board in issuing them, and was bound thereby. Capital Bank of St. Paul vs. School Dist. No. 85, Cass Countv 42 N. W., 774. SCHOOL AND SCHOOL DISTRICTS — INCORPORATION — BONDS — ESTOPPEL Pol. Code Dak. 1877, Chap. 40, Sec. 10, provides that "it shall be the duty of the county superintendent of schools * ♦ * to divide his county into school districts, subdivide and rearrange the boundaries of the same, when petitioned by a majority of the citizens residing in the district or districts to be affected by said change and to furnish the countj^ commissioners * * * with a written description of the boundaries of each district, which description must be filed in the register of deeds' office before such district shall be entitled to proceed with its organiza- tion." Held, that a petition by a majority of the citizens of the districts affected is a condition precedent to the incorporation by the superintendent of a new district.. Dartmouth Sav. Bank vs. School Dists. Nos. 6 and 31, Minnehaha County, 43 N. W., 822. 136 GENEUAL SCHOOL LAWS, In an action on a bond issued by a district formed without such petition against districts which are its successors, defendants are not estopped to deny that district's incorporation by showing failure to present the petition. Id. SCHOOL DISTRICTS — TEACHE^r'S SALARY — WARRANTS. Every contract relating to the employment of a teacher who does not hold a lawful certificate of qualification is void by the express terms of the statute, and every warrant issued in payment of services of such teacher is without consideration and void. Goose River Bank vs. Willow Lake School Tp., Steele County, 44 N. W., 1002. School township warrants are not negotiaible instruments, in the sense that their negotiations will out off defenses to them existing against them in the hands of the payee. Id. The officers of a school township cannot estop the township by a representation, express or implied, that the facts to authorize the issue of a lawful warrant exist. Id. Where a contract is expressly prohibited or declared void by statute, retention of the fruits of such contract will not subject a municipality to liability under the contract or on a quantum meruit. Id. A person who assists a pulblic officer in depriving the public of the benefits of a statutory protection designed to guard the people against unfit and incompetent teachers has no standing in court, and his assignee will receive no greater consideration. Id. Coler et al. vs. Dwight School Tp., of Richland County. N (Supreme Court of North Dakota, April 25, 1893.) SCHOOIv TOWNSHIP — ESTOPPKI< — EXISTENCE OF DISTRICT. 1. The county superintendent of schools, under chapter 14, laws of 1879, organized a school district. School district officers were elected, and exercised the functions of their respective of- dfices; teachers were employed by the district, and school was taught therein, and a school meeting was held in the district to vote upon the question of issuing bonds to build a school house. Such bonds were thereafter issued. In an action upon some of the interest coupons of such bonds, Held, that the district was a defacto municipal corporation, and that therefore the defense could not be interposed that the bonds were void on the ground that the district had no legal existence because of a failure to comply with provisions of the statute regulating the organization of such districts in matters which went to the jurisdiction of the county superintendent to organize the district. 2. Municipal corporations are estopped, as against bona fide holders of municiipal bonds', from setting up as a defense to an action thereon that all the preliminary steps necessary to auth- STATE OF NORTH DAKOTA. 137 orize the issue of the bonds were not taken, when the officers who have charge of the issue of such bonds are especially or impliedly authorized to determine whether all the conditions pre- cedent to the issue of valid bonds have been complied with, and recite in the bonds so issued that they have been complied with. It is not necessary to estop the corporation that this statement should set forth in detail that all the preliminary steps have been taken. It is sufficient that it declare that the bonds are issued in pursuance of a certain statute, specifying it. Neither is it essen- tial that the officers issuing the bonds should be expressly author- ized to determine such questions. It is sufficient if they are given full control in the matter. 3. A school township organized under chapter 44, laws of 1883, becomes, immediately upon such organization, liable for debts of a district, the school house and furniture of which become the property of the school township. This liability is complete, and does not depend upon the settlement of equities between several districts included in the new school township, under sec- tions 136-138, c. 44, laws 1883. (Syllabus by the Court.) Prairie School Dist. vs. Haseleu et al. (Supreme Court of North Dakota, July 6, 1893.) SCHOOL DISTRICTS — POWERS OF OFFICERS — LOSS OF FUNDS — LIABIL- ITY OF TREASURER ON OFFICIAL BOND — PAROL EVIDENCE — HARMLESS ERROR. 1. Chapters 44-45, Ses. Laws Dak. T. 1883, relating to school townships and school house bonds, considered. Held, that the school board (consisting of the treasurer, clerk and director) is the official governing board of such school township, and such board has lull power and authority to issue, negotiate and sell such bonds of the school township as have been duly voted by the electors for the purpose of building a school house. Held, further, that the school township treasurer, acting independently, has no authority under the law and by virtue of his office as treas- urer, to issue, negotiate or sell such bonds. 2. Where the school board of the j)laintiff, consisting of the treasurer, clerk and director, issued certain school house bonds, which had been regularly voted by the electors, and in doing so delivered such bonds to a bank to be negotiated and sold for the benefit of the school township, and the bonds were sold and put in circulation, but the proceeds were never turned over to the school township, but, on the contrary, were lost to the school township. Held, that the school board was wholly responsible for such loss. Held, further, that such bonds not having been delivered to the treas- urer for negotiation and sale, and he never having sold or attempted to sell the same, an action will not lie against the treasurer or his 138 GENERAL SCHOOL LAWS, sureties on bis official bond for a breacb of tbe condition of such bond, which requires the treasiurer to account for and pay o^er all monej^s and property which shall come into his hands as treasurer. 3. The obligations of sureties upon official bonds are measured by the language of the bond, and where the condition of a bond embodies the provision of the statute, and no more, the obligation cannot be expanded by construction beyond the fair import of the language in which the sureties have consented to be bound, 4. When the bonds were delivered by the board at the bank for negotiation and sale,, all members of the board were at the bank,^ and acting in concert. At the time the cashier of the bank deliv- ered to the treasurer a writing as follows: "|1,000. Grand Rapids, Dakota, Sept. 28th, 1883. Received of William Haseleu, Treasurer Prairie School Township,' one thousand dollars in bonds of Prairie Township, LaMoure Co., D. T., for placing and Or. A. H. Huelster, Cashier Bank of Grand Rapids." Held, that such writing embodied both a receipt and a contract, and that as such its terms could be varied and explained by parol evidence, but only as to that part which is a mere receipt. 5. Where it appears that upon the uncontroverted facts the plaintiff cannot recover in the action, a verdict and judgment for defendants will not be disturbed by this court even when the records show errors in procedure. Such errors are without preju- dice. (Syllabus by the Court.) Gull River Lumber Company, Plaintiff and Respondent vs. School District No 39, Barnes County, D. T., Defendant and Appel- lant. 1. practice;— FINDINGS OF FACT. When the trial court determines the issue of fact withont a jury, the requirements of the statute as to findings is mandatory, and not directory. In such cases it is the duty of the trial court with- out request to make express findings oi the ultimate facts which are material and arise upon the pleadings. Accordingly when the district court, in such case, made no express findings of the ultimate facts which were in issue, but instead of doing so adopted certain documentary evidence, and a certain stipulation of facts, as its findings of facts, and fromi such findings drew certain legal con- clusions, upon which judgment was entered. Held, reversible error. 2. CAPITAI, BANK VS. SCHOOL DISTRICT FOLLOWED. * Merits of this case same as decided at present term of court, i. e. Capital Bank of St. Paul vs. School District No. 53. Gull River Lumber Company vs. School District No. 39, of Barnes County. STATE OF NORTH DAKOTA. 139 1. TRANSFER OF CAUSES UNDER THE OMNIBUS BILL. Respondent, after admission of North Dakota into the Federal Union, ai^gued the appeal in this case in the supreme court of the state, applied for a rehearing after defeat, and after securing a rehearing applied for and obtained a continuance. Held, that he could not thereafter obtain a transfer of the case to the federal court on the ground of diverse citizenship, under the provisions of the enabling act. (Opinion filed Feb. 2, 1891.) Capital Bank of St. Paul, Plaintiff, Appellant vs. School District No. 53, Barnes County, D. T., Defendants and Eespondent. 1. SCHOOL DISTRICT — CONTRACT ULTRA VIRES — RATIFICATION. A contract authorized by the inhabitants of a school district at a district meeting, to build a school house for an amount in ex- cess of funds on hand or subject to collection for that purpose, and the amount that could be realized from the maximum tax which could be levied by the inhabitants for the current year and used for that purpose, is void. Therefore, Held, that such a contract, void because the district board had no authority to make it, could not be made binding upon the district by subsequent ratification by the inhabitants. Whether there were sufficient evidence of such rati- fication not decided. 2. SAME — RECEIPT OF FRUITS OF CONTRACT CREATES NO LIABILITY. Such contract being implied prohibited by statute, the receipt by the district of the fruits thereof creates no liability either under the contract or for the value received. 3. SAME — WARRANT CREATES NO LIABILITY. A warrant creates no greater liability than the debt it represents, whether in the hands of the original party or of a purchaser before maturity and for value. Opinion filed Nov. 29, 1890.) Goose River Bank vs. Gilmore, et al. (Supreme Court of North Dakota, Jan. 25, 1893.) APPEAL FROM ORDER DENYING NEW TRIAL — RECORD. 1. When an appeal is taken from an order denying a new trial, and the motion for a new trial was heard in part upon certain papers and documents, which, on appeal to this court, have been properly identified by the judge and certified by the clerk of district court, a motion to purge the record of such papers and documents for the- reason that the same are not authenticated by any bill or statement. 140 GENERAL SCHOOL LAWS, cannot be susitained. Under section 5, chapter 120, laws 1891, no bill or statement is required to bring such paipers and dociuments before the court. 2. The stenographer's transcript of the proceedings had at the trial, and used on a motion for a new trial for the purpose of show- ing errors of law occuring at the trial, does not constitute an au- thenticated record and before this court can review errors occur- ring at the trial the proceedings must be brought upon the record by a bill of exceptions or statement of the case. 3. An affidavit used upon a motion for a new trial, which states that certain evidence could and would be offered if a new trial sho'uld be granted, is entirely insufficient unless it also states that such evidence is newly discovered, or furnishes some excuse for not introducing it on the former trial. (Syllabus by the Court.) People's Bank of St. Paul vs. School District No. 52. (Supreme Court of North Dakota, December 16, 1893.) SCHOOI, DISTRICT BONDS — STRICT COMPLIANCK WITH STATUTE. Where a statute authorized the issue of municipal bonds payable in not less than ten years from date, bonds issued thereunder, pay- able in eleven days less than ten years from date are void, even in the hands of a bona fide purchaser. INDEPENDENT I.IABII,ITY OF DISTRICT. The invalidity of such bonds does not affect the liability, if any, of the municipality, independently of the bonds. BONA FIDE PURCHASERS — NOTICE OF LAW. It is elementary that even bona fide purchasers of negotiable municipal securities are charged with knowledge of all the require- ments of the statute under which the securities were issued. Benjamin W. Hosmer vs. Sheldon School District No. 2. (Siupreme Court of North Dakota, July 23, 1894.) SCHOOL DISTRICT— teacher's CERTIFICATE— VOID EMPLOYMENT. A contract duly executed between the proper officers of a school district and another person, by the terms of which said person is employed as a teacher in a public school in said district, is void where such person, at the time of making the contract, holds no certificate of authority to teach in the county where the district is located. CERTIFICATE WILL NOT RELATE BACK. The sulDsequent procurement of such certificate will not enable STATE OF NORTH DAKOTA. 141 such person to recover against the district damages for the breacjb of such contract. iSarauel D. Flagg vs. School District No. 70. (Supreme Court of North Dakota, March 19, 1894.) MUNICIPAL BONDS —PROVISION FOR EXCHANGE DESTROYS NEGO- TIABILITY. An instrument providing for the payment of exchange on a point other than the place of payment, in addition to principal and inter- est, is not a negotiable instrument; and one who purchases the same before maturity for value, and without notice of any defense thereto, nevertheless takes it subject to the defense of want of con- sideration good as between the original parties to the instrument. CERTIFICATE OF PROPER OFFICER — EVIDENCE OF VALIDITY. Defendant was authorized to issue bonds to fund its outstanding indebtedness in case certain statutory prerequisites were complied with. A record of the proceedings culminating in the decision to is- sue bonds was to be made in the district, and a certified copy thereof was to be filed with the county clerk, and preserved as a record in his office. It was made the duty of the county clerk to examine such record in his office, and if satisfied, from such examination, that all the requisites of the act with respect to the preliminary proceedings had been complied with, and that the bonds were authorized to b(? issued, as provided for in the act, he was to register the bonds, and indorse upon each of them his certificate in the form prescribed in the statute. The bonds in question were so registered and cer- tified. Held, that a purchaser of such bonds, for value, before maturity, and without notice that any of the co ad > lions of che statute relating to proceedings to authorize the issae of the bonds had not been complied with, could rely upon the certificate of the county clerk as finally settling all such matters, and that the court below did not err in rejecting defendant's offer to prove thai, such conditions had not been complied with. BONDS REGISTERED AND CERTIFIED AS LEGAL UNDER STATUTE — NOT OPEN TO QUESTION IN HANDS OF BONA FIDE PUR- CHASERS. By an amendment to the act, it was provided that no dislrict, in which the title to the school site was not in the school board, should bond its debt until it had obtained such title. But it was declared in such amendment that, after the bonds had been regis- tered and certified, their validity should not be questioned in any tribunal, but should be and remain valid and binding. Eeld that this provision made it the duty of the county clerk to pass upon this question of title before registering and certifying the 142 GEINERAL SCHOOL LAWS, bonds, and tliat, therefore, his decision, evidenced by registering and certifying the bonds, that such condition as to title to the school site had been complied with, was final on the point, as against the district, in favor of one who purchased the bonds in good faith, for value, without notice that this condition had not been coiniiplied with, RKCITAI^S IN NON-NKGOTIABLK BONDS. The right of a bona fide purchaser of municipal bonds to rely upon a recital or certificate as to facts which the person making the same had authority to determine, does not depend upon the bond being a negotiaible instrument. It exists in the case of a bona fide purchaser of a non-negotiaible bond as well. WANT OP CONSIDKRATION CANNOT BE SHOWN AGAINST A BONA FIDE PURCHASER. The statute declared that a committee should audit the claims against the district, and determine the amount of indebtedness to be funded. Held, that the auditing by the committee of claims against the district, and the vote of the district to bond to pay such bonds, as against a bona fide purchaser of such bonds; that, an inquiry as to the validity of such claims as a consideration for such" bonds, as against a bona fide purchaser of such bonds, that, as against such purchaser, the district could not show, to prove a want of consideration between the original parties, that the bonds were in fact paid for by the one to whom they were originally issued by the district, by the surrender of void claims held by him against the district, provided such claims had in fact been audited and canceled, and bonds voted and issued under the provisions of the statute. Samuel D. Flagg vs. School District No. 70, Barnes County. (Supreme Court of North Dakota, October 28, 1895.) ACTION ON SCHOOI. BONDS — EVIDENCE OF WANT OF CON- SIDERATION. Under the decision of the court on the former appeal in this case (58 N. W. 499, N. D. 30) it was held that the defendant could show a want of consideration for the bonds sued on by proving that defendant received neither cash nor audited and canceled war- rants as a consideration for them. For error in refusing to allow such proof the judgment is reversed. (Supreme Court of North Dakota, May 27, 1897.) SPECIAI, DISTRICT — EQUAI^IZATION OF INDEBTEDNESS. Where a school district is divided, by the organization of a cily •or incorporated town or village situated within said district, into STATE OF NORTH DAKOTA. 143 a special school district, under the provisions of chapter G2 of the laws of 1890, the board of arbitration provided for by said chapter to equalize the interests of said districts must take into considera- tion the school building owned by the original district, and adjust the rights of the respective districts concerning the same. Coler et al. vs. Coppin et al, (Supreme Court of North Dakota, May 10, 1898.) SCHOOL TOWNSHIP — ENFORCEMENT OF JUDGMENT. 1. When a judgment is obtained against a school township organized under chapter 44 of the laws of 1883, on an indebtedness of a school district for whose indebtedness such school township became liable under section 144 of such statute, the judgment creditor may proceed to enforce such judgment, the same as any other judgment against such school township. APPENDIX D. NOTES AND REFERENCES. Note 1. Section 34.3 fixes the bond of the superintendent of pub- lic instruction at $.5,000. Note 2. Section 343 fixes the bond of the county superintendent at 1500. Note 3. Article 9 provides for the filling of vacancies. Section 359 provides when vacancies occur. § 359. Vacancies how caused. Every office shall become vacant on the happening of either of the following events : 1. Death of the incumbent. 2. His insanait}' judiciallj" determined. 3. His resignation. 4. His removal from office. 5. His failure to discharge the duties of his office, when such failure has continued for sixty consecutive days, except when pre- vented from discharging such duties by sickness or other unavoid- able cause. 6. His failure to qualify as provided by law. 7. His ceasing to be a resident of the state, district, county or township in which the duties of his office are to be discharged, or for which he may have been elected. 8. His conviction of a felony or of any offense involving moral turpitude or a violation of his official oath. 144 GEiNTERAL SCHOOL LAWS, 9. His ceasing to possess any of the qualifications of office pre- scribed by law. 10. The decision of a competent tribunal declaring void his election or appointment. See also section 730 of article 9. Teimporary absence from the district for which the officer is chosen does not work a forfeiture of the office. The failure to elect a successor in office does not create a vacancy. . Note 4. Section 645 does not confer upon the county superintend tendent authority to take acknowledgments. Note 5. County superintendent, salary of. In determining the salary of county superintendent that officer is entitled to in- clude schools in special and independent districts. A county superintendent becomes personally responsible for the accounting from such districts as reports of clerks and treasurers have to be filed with him for purposes of statistics and apportionment of the state school fund. Note 6. Under Section 653 a person to be qualified to hold the office of county superintendent must hold a state certificate or a first grade county certificate. Such first grade need not be issued in the county in which the county superintendent resides, but miust toe of legal effect at the time the holder assumes the duties of the office. Note 7. The amendment to section 660 passed by the legislative assemlbly of 1899 was declared to be unconstitutional by the su- preme coiurt in case of Plummer vs. Borsheim. This restores sec- tion 660 of the revised codes of 1895, which is as f ollow^s : , § 660. What territory may be organized into district school corporations. The county commissioners of each county not organized for school purposes under the district school system at the taking effect of this code, shall organize into a distinct school corporation any territory not, at the taking eifect of this code, already organized into a civil township or a school township, upon being petitioned so to do by one-third of the residents of such ter- ritory, having the care and custody of any child of school age; provided, such territory shall consist of not less than one con- gressional township, having at least eight thousand dollars of tax- able property and at least ten children of school age residing therein. The county commissioners of every such county, with the advice and consent of the county superintendent, may rear- range the bonndaries in any school corporation whose territory is not included within a civil township, when petitioned so to do by a majority of the voters residing within smch school corporation, whose boundaries will be affected thereby, subject to the same re- strictions and conditions as to extent of territory, value of taxable property and number of resident children of school age as in the organization of a school corporation from territory not included in a civil township. In the formation of school corporations and the STATE OP NORTH DAKOTA. I45. rearrangement of their boundaries as provided for in this section, the boundary lines of congressional townships shall be followed as far as possible as school corporation lines. Note 8. Section 667, Eevised Codes, does not permit the organization of a district when there are twelve or more chil- dren of school age resident therein, without them'equisite amount of taxable property, as specified by section 660, revised codes. Note ^». Elections. Terms of officers. Novacancy exists to be filled bj' appointment w^hen a school board fails to hold an election at the time prescribed in article IV of the general school laws. The officers whose terms expire and whose successors would have to be chosen at a regular election do not vacate their office but hold until theii* successors are duly elected and qualified agreeably to the provisions of section 670 revised codes. Note 10. Section 672 prescribes who is qualified to vote or hold office and refers to the following sections which emhody section 121 of the constitution; the restrictions as to registration are not applicable. § 479. Who entitled to vote. Every male person of the age of twenty-one years or upwards who shall have been a resident of this state one year, six months in the county and ninety days in the precinct next preceding the election, who is a citizen of the United States or has declared his intention to become such one year and not more than six years prior to such election conformably to the naturalization laws of the United States, or any person of Indian descent who shall have severed his tribal relation two years next preceding such election, shall be entitled to vote; provided, he ha» complied with the provisions of any law which is now or may in the future be in force relating to the registration of voters. And all persons possessing the qualifications mentioned in this section and who have resided in this state one year shall be eligible to any office in the state, except as otherwise provided in the constitution; provided, however, that persons shall vote in the precinct where they reside and not elsewhere. § 480. Qualifications of Indian voters. No Indian or per- son of Indian descent who has not received a final patent conveying the title in fee of lands alloted to him within the boundaries of this state, pursuant to an act of the congress of the United States, approved February 8, 1887, and entitled "'An act to provide for the allotment of lands in severalty to Indians on the various reserva- tions, and to extend the protection of the laws of the United States and the territories over the Indians, and for other purposes," shall be deemed a qualified elector of the state of North Dakota, or be entitled to the rights and privileges of an elector therein unless he was horn within the limits of the United States, and has volun- tarily taken up his residence within this state separate and apart from any tribe of Indians therein, and adopted the habits of civil- ized life, and is in no manner subject to the authority of any Indian; chief or council or Indian agent of the United States. 146 GENERAL SCHOOL LAWS, Note 11. Section 680 provides for the appointment of ■ a clerk. His qualifications must be those of an elector of the district for which he is chosen as clerk. Note 12. Section 681 provides for four regular meetings and fixes the salary of each director at |8.00 per year, less |2.00 for each meeting missed. Section 717 requires the board to meet on the Tuesday in July succeeding the regular meeting of the board (which would be the third Tuesday) for the purpose of making settlement with the treasurer. No additional compensation is allowed for this or special meetings. Note 13. There is no conflict between sections 689 and 770 re- lating to a breach of the conditions of a school treasurer's bond. Section 770 is merely cumulative, prescribing that action against the treasurer failing or neglecting to pay over funds belonging to the district may be begun by the district school board, or the county superintendent or any taxpayer. Note 14. School privileges for non-resident pupils. Under section 696, revised codes, the school board is empowered "to admit pupils from other districts when it can he> done without injury or overcrowding such schools." The board is further author- ized and empowered to make regulations for their admission and the payment of tuition. Whether or not any provision be made for admission of non-resident pupils is discretionary with the board. Note 15, School house, location of. A school board may not ■lawfully erect a school house upon public school lands unless the board acquires title to the site the same as title would be acquired to any other land. Note 16, Enumeration. Persons can be enumerated only in the district in which they have a legal residence. The legal resi- dence of a parent or guardian is the legal residence of the child. Where a party resides at two or more different places during the same year, it appears by the decisions of various courts that it is a privilege of said party to determine which place is his legal resi- dence unless he exercises his rights of citizenship, for instance, by voting or attending caucus at one place or the other. Such action would indicate his real intention. Note 17. State school fund not to be used in support of private or denominational schools. Under section 152 of article Vin of the constitution no money raised for the support of public schools of the state shall be appropriated to or used for the support of any sectarian school. There is nothing contained either in the constitution or statutes which warrants any other use of the fund than for the support of the common schools. Note 18. Teacher's permits. A permit to teach must not be issued to a person under the age of 18 years. Note 19. Certificates, issuance of third grade. Under sec- tion 742, Revised Codes, a county superintendent may issue a third STATE OF NORTH DAKOTA. 147 grade certificate to a party who has taught less than fifteen months on a third grade certificate, irrespective of the numher of third grade certificates that may have been previously issued to said party. Note 20. Teacher's contract not affected by change in organization of district. A contract made and entered into between a general school district and a teacher is not modified by reason of reorganization of said general district into a special district during the time for which the contract was made, and the district is not relieved from the fulfillment of the obligation. Note 21. Teacher's salary vrhen school closed on account of quarantine. If under the general quarantine regulations a school be closed in due form, the teacher's right to collect pay for the time school was closed is governed by the general laws relating to em- ployer and employee. During the time said school is closed the teacher is under contract subject to the pleasure of the board, and during the existence of such contract is unable to be a party to another. Note 22. Teacher's report and salary. A teacher is entitled to pay at the close of each month's work, except for the last month in any term, when the same may be withheld until correct reports are made and filed by the teacher, as provided by section 748 Revised Codes. This section does not authorize the withholding of the teacher's wages for any other month in the term. Note 23. Section 778 requires the certificate of the county aud- itor in addition to section 187 of the constitution and other statutes as to the issue being within the debt limit. Section 2057 requires also a certificate of the treasurer. These are aipplicable to special and independent districts as well as general districts. Note 24. Treasurer's bond. In a special school district the treasurer of the city, town, or village is treasurer of the board of education. By reason of being under bond as treasurer of a municipal corporation he is not relieved thereby from giving bond as treasurer of said school district, under section 805, Revised Codes. Note 25. Aliens not entitled to a certificate or permit. Under section 842 a county superintendent is forbidden to issue a certificate or permit to teach to any party who is not a citizen of the United States unless he has resided in the United States one year last prior to the time of such application for such certificate or permit. A declaration of citizenship alone does not entitle one to either certificate or permit. Note 26. Section 309 provides for the designation of an ac- counting officer for each public institution and defines his duties. Note 27. Sections 5124 and 5125 pertaining to holidays are as follows : § 5124. Holidays. Holidays are every Sunday; the first day of January, which is New Year's day; the twelfth day of Fe'bruary, 148 GENERAL SCHOOL LAWS, which is the birthday of Abraham Lincoln ; the twenty-second day of February, which is the birthday of George Washington; the foiurth day of July, which is the anniversary of the Declaration of Independence; the twenty-fifth day of December, which is Christ- mas day; the thirtieth day of May, which is Memorial day; every day on which an election is held throughout the state, and every day appointed by the president of the United States or by the gov- ernor of this state for a public fast, thanksgiving or holiday. § 5125. When folio-wing day holiday. If the first day of January, twelfth day of February, the twenty-second day 0(f Feb- ruary, the fourth day of July, the thirtieth day of May, or the twenty-fifth day of December falls upon a Sunday, the Monday fol- lowing shall be the holiday. Note 28. Section 340 relating to bonds by officers, is as follows: Sec. 340. Each civil officer elected by the people or appointed by the governor or by any other authority, provided by law, except the governor and the officers and members of the legislative assem- bly, judges of the supreme and district conrts, county commission- ers, court stenographer, the mayor and aldermen in cities, the pres- ident and trustees in villages, but including township treasurers, clerks, justices of the peace, and constables, shall, before entering on his duties, give a bond conditioned for the faithful and impartial discharge of the duties of his office, (naming it fully), and render a true account of all moneys and property of every kind that shall come into his hands as such officer and pay over and deliver the same according to law. Note 29. Section 342 relating to approval of bonds is as follows: § 342. Approval of bonds. The bonds of all state and district officers shall be given to the state, shall be approved by the gov- ernor as to sufficiency, and by the attorney general as to form and such bonds and a duplicate original of the oaths of all snch officers shall be deposited in the office of the secretary of state. The secretary of state shall keep a book in which shall be made a correct copy of such bond, which shall be called the "bond record"^ and, when such bonds shall have been recorded, they shall be deposited with and kept on file in the office of the state treasurer, except the bond of the state trasnrer which shall be deposited with and kept on file in the office of the state auditor. The secretary of state and state treasurer on receipt of such bonds shall issue a receipt therefor and such receipt shall be filed in the office of the state auditor. The bonds of all county, township and municipal officers shall be given to the county ; those of all county and municipal officers under the county shall be approved by the state's attorney as to form and by the board of county commission- ers as to sufficiency, and such bonds and a duplicate original of the oaths of office of all other such officers shall be filed with the connty auditor, except the bond and oath of such auditor, which shall be filed with the clerk of the district court for the connty or judicial STATE OF NORTH DAKOTA. 149 subdivision. The bonds of township officers shall be approved by the chairman of the board of supervisors of the township. Note 30. The use of lignite coal is made obligatory by the follow- ing section: § 1030. Public institutions to use. The various state insti- tutions, county buildings and public schools of this state shall use for fuel native or lignite coal, and it shall be unlawful for any officer to purchase for use in such institutions, county buildings and public schools any coal other than that taken from the mines within the boundaries of this state. This section shall not be construed, how- ever, as prohibiting the use of wood at such institutions, county buildings and public schools, when the cost thereof does not exceed that of native coal. Note 31. Section 370 authorizes the superintendent of public in- struction and other state officers to appoint deputies and prescribes manner of appointment. 150 GENERAL SCHOOL LAAVS, APPENDIX E SCHOOL CALENDAR JANUARY. First Monday (odd numbered years) — Terms ol office of state sup- erintendent and county superintendent begin. Section 638. Second Tuesday — Kegular meeting of district school board. Section 681. fe;bruary. Third Monday — Apportionment of state tuition fund. Section 711. MARCH. Second Friday — County examination for teachers. Section 740. APRII,. Second Tuesday — Regular meeting of district school board. Section 681. MAY. Last Friday — County examination for teachers. Section 740. Third Monday — Apportionment of state tuition fund. Section 711. JUNE. District clerks to take enumeration before June 20. Section 707. At least fifteen days before third Tuesday — District school board designates polling place and causes three notices of election to be posted. Section 674. Third Tuesday — Annual school election at 2 p. m. Sections 670 and 674. Within five days after annual election — ^Clerk to furnish each person elected a written notice of election. Section 677. Within ten days after annual election — District clerk forwards to county superintendent a certified list of all officers elected. Section 677. Thirtieth — School year ends. Section 749. STATE OF NORTH DAKOTA. 151 JULY. 1st — School year begins. Section 749. 1st — Assessor furnishes school district clerk, county superin- tendent and auditor the amount of assessed valuation. Section 724. Second Tuesday — Regular meeting of district school board. Section 681. Second Tuesday — District school board organizes and elects a president and clerk. Section 680. Second Tuesday (on or before) — School treasurer gives bond and qualifies. Section 684. Before 20th — District school board and board of education levy tax. Section 699 and 721. Immediately thereafter — District clerk and clerk of board of education notify county auditor the amount levied. Sections 721 and 801. AUGUST. 15th (on or before) — County superintendent transmits annual report to superintendent. Third Monday — Apportionment of state tuition fund. Section 711. Last Friday — County examination for teachers. Section 740. OCTOBER. Second Tuesday — Regular meeting of district school board, section 681. Last Friday — County examination for teachers. Section 740. NOVEMBER. 1st — (On or before, in even numbered years) — Superintendent makes report to the governor. Section 635. First Tuesday after first Monday (in even numbered years) — Election of superintendent and county superintendent. Sections 622 and 638. Third Monday — Apportionment of state tuition fund. Section 711. DECEMBER. Ist — Special and independent districts make enumeration of school children in the district. Section 707. Before 20th— District clerk and clerk of board of education for- ward to county superintendent enumeration of school children. Sections 707 and 716. 31st — (On or before in even numbered years) — The report of the state superintendent is printed. Section 636. INDEX. ACCOUNTS- ®'''^"" County treasurer to keep with school corporations. . . . 719 42 Form of, for district treasurer 717 41 ACTION— Attorney General begins to collect on investments, when 175 m Child labor, for employment of, how brought. .. .762, 764 56, 57 Compulsory attendance law, for violation of, how brought 701, 764 56, 57 District treasurer refusing or neglecting to pay funds 770 58 who may institute 689 32 Trespass upon school and public lands 229 125 ADJUTANT GENERAL— Muskets, to furnish for university 896 90 ADJUSTERS— (See Board of Adjusters.) ADVERTISING— (See School and Public Lands.) AGE— Requisite, for holding county certificate 740, 741 49 Requisite for holding county certificate, first grade . . 742 50 Requisite, for holding normal certificate 738 48 School, compulsory attendance 759 55 deaf children 759 55 AGENT— (See Commissioner of University and School Lands.) AGRICULTURAL COLLEGE— Board of trustees, appointment of 936 95 compensation of 938 95 duties 939 96 experimental station, conducts 939 96 directs 947 97 faculty, employs 939 96 funds, duty regarding 939 96 meetings 938 95 154 INDEX. _ Section AGRICULTURAL COLLEGE— Continued. Board of trustees, oath of office 937 95 officers of 938 95 report, to make 945 97 salaries, fixes 941 96 superintendent of construction, employs 989 96^ term of 936 95 Course of instruction in 940 96. Experimental station, grants by congress accepted . . . 948 97 objects of 947 97 reports of 945 97 Faculty, how constituted 942 96- president's duties 943 97 reports, to make 944 97 Graduates may receive honorary degrees 946 97 Land grants for, accepted 948, 949 97, 98 Location of 934 95 Management of 935 95 Reports of officers and how distributed 944, 945 97 Treasurer, bond . 937, 950 95, 98 not to be a member of board of trustees 937 95 ALIEN— Certificate not to be granted to 742 50- ANNEXATION— County commissioners may annex districts, when. 662, 663 25. APPEAL— Superintendent of public instruction prescribes form of 629 18 To county superintendent, from decision of school offi- cers or boards 644 21 oath, may administer on (Note 2, p. 143.) 645 21 To superintendent of public instruction 629, 644 18, 21 examination, applicant for certificate 741 49 notice of to be given 741 49' requirements 644 21 APPORTIONMENT— County tuition fund, county superintendent makes . . . 722 44 State tuition fund, county superintendent makes .... 647 22: superintendent of public instruction makes, when. . 711 39' Tuition funds, basis of (see Funds.) 715 41 APPRAISAL— (See Board of Appraisers.) APPROPRIATION Aid for classified high schools 870 83; Board of university and school lands, expenses 235 127 Bonds, interest on and expense of purchase by board of university and school lands 178 111 Geological survey 904a 91 School lands, lease of, advertising, etc 234a 126 State educational library 866 82 State institute fund 756 54 Superintendent public instruction, expenses 637 20 Traveling libraries 625 IS University, maintenance 904b 91 ARBITRATION- INDEX. 155, Section Page- Law of, applicable to all districts 735 47 In certain cities 802 81 (See Board of Arbitration.) ASSESSMENT— (See Taxes.) ASSESSORS— Deaf and dumb children reported by 961 99 Maps of school districts furnished by county super- intendent G43 21 School and public lands, to report on 213 121 Valuation to furnish district clerk 724 45 ATTENDANCE— Compulsory, age for 759 55. length of tinie required 759 55 when required 759 55 who exempt 759 55 Penalty for failure to comply with law 760 56 for failure of officers to enforce law 761 56 ATTORNEY GENERAL- Board of university and school lands, member of.... 169 lOS Funds, permanent and institution, institutes civil ac- tion to collect 175 111 Prosecutes for trespass on school and public lands... 233 126 AUDITOR— (See State Auditor and County Auditor.) BANK— Bond as depository for sinking fund 779 60 BIBLE— Not sectarian book 754 53 BLANKS— County superintendent to distribute 641 20 Superintendent of public instruction to prepare 625 18 BLIND ASYLUM— Board of trustees, appointment of 968 102 compensation of 970 103 duties of 972 103- meetings 970 103 oath of office 969 103- organization of 969 103 quorum 969 103 reports to make 978 104 term of 968 102 Land grants, proceeds of, appropriated for 971 103" Location of 967 102 Management of 967 102: 156 INDEX. Section Page BLIND CHILDREN— Governor to provide care and instruction for 973a 104 BOARD OF adjusters- How composed 725 45 Levies tax to pay indebtedness of district, when .... 725 45 BOARD OP APPRAISERS— Appraisal to make, when 183, 218 122, 122 time in which made after receiving notice 183 112 Compensation of 183,218 112, 122 County superintendent member of 650 22 fees 650 22 Members of 183 112 Penalty for making false report 183 112 Report of appraisal, to make 183 112 BOARD OF ARBITRATION— Appointment of 731 46 County superintendent member of 731 46 County treasurer member of, when 731 46 Duties of 732 47 Law applicable to all districts 735 47 Special districts 807 68 Tax levied by 733, 735 47 collection of 734 47 BOARD OF EDUCATION— Closets and privies to furnish 874 85 Compulsory attendance, duties regarding 759 55 Flag, to purchase 865 82 Text-books, may furnish, free 863 81 Cities other than independent and special districts, election of, in 856 80 how conducted 858 80 officers serve until, when 861 81 term of 857 80 Independent districts, bonds, determines issue of, in 842, 846 76, 77 books, furnishes when 846 77 census to take 843 76 compensation, not to receive 836 75 contracts, member not to be interested in 836 75 duties and powers, generally 839, 846 75, 77 election of 832 73 how conducted 833 74 meetings 837 75 members to visit schools 847 78 oath of office 835 74 officers of 835 74 official designation of 835 74 ordinances and regulations, reports on to city coun- cil 846 77 penalty for refusal to serve on 854 80 powers of 846 77 pupils, suspension and expulsion of 846 77 quorum 832 73 Tecords of received in court 838 75 INDEX. 157 Section Page BOARD OB^ EDUCATION.— Continued. Independent districts, revenues, duties as to expendi- tures of : 849 78 seal of .' 838 75 secretary, election of 838 75 compensation fixed by board 838 75 duties of 838 75 tax levied by 839 75 purposes for which levied 839 75 term of 832 73 tuition, may charge non-resident pupils 848 78 vacancy in, how filled 834 74 Special districts, to take census in 716, 797 41, 65 clerk, appointment of .■ 794 65 compensation of 794 65 duties of 796 65 contracts, members not to be interested in 792 64 how made 802 67 election of 790, 808 64, 69 election, appoints officers of 811 69 designates polling places for 811 69 notices of 809, 810 69 meetings of 793 65 office, term of 791 64 officers of 794 65 when chosen 794 65 powers and duties, generally 797 65 president, duties of 795 65 property, may require transfer of 788 64 control of after equalization 806 68 pupil, may expel or suspend 797 63 quorum ^91 64 i-eport to county superintendent 797 65 schools, supervision of 799 67 seal J87 63 superintendent, may employ 797 6o tax levies, when 801 67 taxes, may refund or correct, when 720 43 teacher, may exact qualifications for when 797 65 term of office 808 69 territory, may attach to, when 786 63 treasurer of city, ex-officio 803 67 tuition, may charge 797 65 vacancy in office, how filled 814 iO' BOARD OP MANAGEMENT OF NORMAL SCHOOLS— Appointment of 909 92^ Commission 5510 92 Compensation of 911 92 Duties and powers of 914 93 How constituted 908 92 Management of schools, by 907 92 Oath 909 92 Officers of 909 92 Term of 909 92" (See also Normal Schools.) 158 INDEX, Section Page BOARD OF TRUSTEES— Agricultural College, appointment of 936 95 compensation 938 95 duties 939 96 meetings 938 95 oath of office 937 95 officers 938 95 term 936 95 (See also Agricultural College.) Blind Asylum, appointment of 968 102 compensation 970 103 duties 972 103 meetings 970 103 oath of office 969 103 officers." • 969 103 term 968 102 (See also Blind Asylum.) Deaf and dumb asylum, appointment 952 98 appointment 952 98 compensation 958 99 duties 956 99 meetings 953 98 oath 954 98 officers 953 98" term 952 98 (See also Deaf and Asylum.) Industrial School, appointment 976 104 bond 978 105 compensation 977 105 meetings 977 105 oath 978 105 officers 977 105 term 976 104 (See also Industrial School.) Normal Schools, appointment 908 92 commissions 910 92 compensation 910 92 governor, member 908 92 meetings 911 93 oath 909 92 officers 908, 910 92 superintendent of public instruction, member 908 92 term 909 92 (See also Normal Schools.) University, appointment 877 85 compensation 891 89 meetings 879, 880 86 officers 878 86 powers and duties 878, 881 86 quorum 879 86 reports, to make 883 87 secretary, duties 878 86 term 876 85 (See also University.) BOARD OF UNIVERSITY AND SCHOOL LANDS— Advertising, approves bills for 234 126 Agent, may appoint for selecting and leasing land 170 109 INDEX. 159 Section Page BOARD OF UNIVERSITY AND SCHOOL LANDS.— Continued. Appraisal, new, ordered when 195 116 to equalize 218 122 Appropriation for expenses of 235 127 Bonds, appropriation for interest on and expense of purchase of 178 111 Bonds, may purchase 172 109 Certifies to governor fulfillment of contract before patent to issue 205 118 Commissioner of, appointment, bond 170 109 custodian of abstracts and conveyances 214 121 deputy appoints with consent of 181 112 duties 184, 234b 112, 127 leases of lands, to conduct 221 123 term 180 112 vacancy 179 111 Contracts, may cancel, when 200 117 Control of school and public lands 170 109 County auditor certifies sales to 190 . 115 County commissioners, notification by, of funds to fix bond of county treasurer 209 120 Expenses, appropriation for 235 127 incidental, how paid 177 111 Funds, permanent school and institution, authority to invest 172 109 how invested 172 109 subject to order of 174 111 Lands, causes to be appraised, when 183 112 certified for sale 184 113 commissioner controls, subject to 182 112 list of sold, to be furnished county treasurers 212 120 may withdraw offers to sell when 189 115 subdivided by when 194 116 Leases, advertisement of lands for 220 123 approval of 224 124 confirmation of and contracts for 224 124 selection of lands for 234b 127 Members of, who are 169 108 Meetings at which school funds may be invested .... 172 109 regular 171 ' 109 special 171 109 Ofiicers of 169 108 Patents, issuance of under seal 205 118 Permanent and institution funds, invests 170 109 Permits, may sell to cut hay or remove down timber. 228 125 Powers of, genei*ally ■ 170 109 Quorum 171 109 Real property, controls grant of 1883 170 109 Records, bonds 173 110 mortgages 173 110 open for inspection 173 1 10 permanent funds 173 110 signed by officers 173 110 Sales of school and public lands, approves 191 115 offers for resale, when 201 117 postponement of, when 188 114 to publish notice of 185 1 13 Secretary, reports of investments of permanent funds. 173 110 records to keep 173 110 School funds, mortgages, amount of permanent funds 160 INDEX. Section Page BOARD OF UNIVERSITY AND SCHOOL LANDS— Continuecl. School funds, to be loaned 172 109 appraised value of lands as security 172 109 may be paid, when 172 109 loans made on, time to run 172 109 vote to invest, how taken 172 109 State treasurer to collect permanent school and insti- tution funds 175 111 to keep permanent and institution funds subject to order of 174 111 to keep register of bonds purchased by 176 111 Surveys may order, when 193, 194 116 BONDS— Appropriation for interest and expenses of purchase of by board of university and school lands 178 111 Bank to give as depository for sinking fund 779 60 Contractor to furnish for building school house 783 62 Industrial school, board of trustees may issue 980 107 Official, board of trustees, Industrial school 978 105 commissioner of university and school lands ...... 170 109 deputy 181 112 county superintendent of schools (note 28, p. 148) . . 340 148 amount (note 2, p. 143) 343 143 approval (note 29, p. 148) '. . . 342 148 county treasurer to give for funds received from sale of school and public lands 209 120 duty of county auditor regarding 689 32 school officers, where filed 689 32 treasurer 684 31 amount of 684 31 approval of 684 31 treasurer city, to give as treasurer of board of education in independent districts 844 77 treasurer city, town or village to give as treas- urer board of education in special districts .... 805 68 superintendent public instruction (Note 2, p. 143.). . 343 143 Public officers to take from contractors 4802 133 School bonds, board of university and school lands may purchase 172 109 certificate of county auditor must be attached to ... . 778 59 form of 778 59- certificate of debt limit necessary (Note 23, p. 147) 2057 147 state treasurer custodian of, purchased by board of university and school lands 174 111 general district, authority of board to issue, when . . 775 58 cancellation and record of 782 62 certified copy of proceedings to issue to be filed with county auditor 778 59 denomination of 777 59 election to vote new, may not be ordered when. . 776 59 notice to state what 776 59 petition for necessary 776 59 interest, rate of and when payable 777 59 law relating to, how applicable 784 62' limit of issue 777 59 negotiated how 780 61 purposes for which may issue 775 58 record of 778 59 sinking fund to be provided 779 60' BONDS.-Continued. INDEX. 161 Section Paga School bonds, tax levy made for, by county auditor, when 781 62 time to run 777 59 independent district, amount to be issued deter- mined by board of education 840 77 authority of board of education to issue when . . . 842 76 certificate of debt limit necessary (Note 23, p. 147.) 2057 147 certified copy of proceedings to be filed with county auditor 778 59 denominations of 842 76 board of education determines 846 77 election to vote, notice of 776 59 petition 776 59 interest payable when 842 76 fund for payment of 842 76 rate of 842 76 law relating to, how applicable 784 62 purposes for which issued 775 58 records of 778 59 sinking fund 842 76 refunding, authorized 775, 824, 842 58, 72, 76 exchanged, may be 825 72 restrictions on issue 824, 826 72 surplus, transferred, when 827 72 tax levy made for by county auditor, when 781 62 time to run 824, 842 72, 76 special districts^ certificate of clerk as to debt limit and issue 816 70 certificate of debt limit necessary (Note 23, p. 147) 2057 147 denomination of 816, 824 70, 72 election, called when 816 70 how conducted 817 71 notice of 817 71 how issued 816 70 interest coupons 821 72 limit of issue 818 71 property pledged for payment of 822 72 refunding, how exchanged 825 72 issuance of, by board of education 824 72 by election 816 70 sections governing 826 72 premium received, how applied 825 72 restrictions on issue 824, 826 72 surplus, transferred when 827 72 register of 823 72 sinking fund investment of 820 71 tax levy for, when made 781, 819 62, 71 what to specify 818 71 special provisions in cities and villages, issue of to erect school buildings 2474 131 election for, by provisions of charter 2475 131 by special, how called 2475 131 how conducted 2475 131 notice to contain what 2475 131 refunding, authority to issue 2483 132 denomination of 2484 132 execution of by city officers 2486 132 how issued 2484 132; 162 INDEX. Section Page BONDS.— Continued. School bonds, special provisions in cities and villages, refunding, interest fund for 2487 133 refunding, records of 2486 132 sinking fund levied for 2488 133 restrictions as to sale 2475 131 BOUNDARIES— Conformity with congressional township lines 660 24 County commissioners may re-arrange 660, 666 24, 26 How changed 667 27 Independent districts . 881 73 New districts 661 25 Not changed when 659 ^ 24 BRANCHES OF STUDY- Additional, county superintendent determines ...... 698 35 district school board determines 698 35 Alcohol, its effects 750 52 Enumerated, for examination for certificates 741 49 In schools classified by high school board 868, 869 83 In special districts 797 65 List of, to be taught 750 52 Narcotics, its effects 751 52 CENSUS— Board of education takes 716 41 Districts organized under special law 707 38 General districts, when taken 707 38 Independent districts, when taken 707, 843 38, 76 Newly organized districts to take 714 40 Report of, when filed 707 38 Special districts, to take 797 65 when taken 707 38 Who to be enumerated 707 38 CERTIFICATE— Attendance at school required, when 762 56 County superintendent grants on examination 740 4^ Diplomas equivalent to first grade 738 48 Examinations for issuance of 741 49 Expiration of, teachers to finish term when 746 51 Fee for county 743 50 Fees for issuance of normal and professional 739 49 Graduates of universitv entitled to when 889 89 Normal, graduates of normal department of university, etc 738 48 granted to graduates of normal schools 738-922 48, 95 Professional, examination for 737 48 graduates of university entiWed to, when 737 48 may be revoked, when 737-739 48, 49 requirements of applicants for 737 48 ■Questions used in examination for, prepared by super- intendent of public instruction 626 18 Renewal of first grade 742 50 Revoked by county superintendent for cause ....'.... 744 51 Teachers execapt from holding in certain cities 742 50 must hold 695-797 34, 65 INDEX. 163 Section CERTIFICATE.— Continued. Teachers exempt from holding in certain cities, not entitled to compensation when not holding 74(3 51 proceedings to revoke 745 51 Valid 743 50 When revoked (348 22 CLERK— Board of education, bonds, certificate of debt limit to make 816 70 bonds, register of tc keep 823 72 certifies election of officers to county superintendent 813 70 duties, general 79(3 65 election of 794 65 election, to sign notice for 80;j 69 salary of 794 65 tax levy, certifies to county auditor 801 67 District school board (general district) appointment. . t3S0 30 bonds, cancelled, duty regarding 782 62 record to keep 778 59 certificates of election, issues to officers (377 30 compensation 683 31 duties of 683 31 duty, penalty for neglect of 765 57 duty in case of tie vote 676 30 election, penalty for making false returns of 766 57 to be clerk of 675 29 to sign notices of 674 29 enumeration takes 707 38 officers, files list of elected with county superin- tendent 677 30 reports, makes annual, when 707 38 penalty for making false 722 58 teachers, to be filed with 748 51 tax levy, notifies county auditor of §99, 721 35, 43 vacancy in office of, how filled 729 46 COLLEGE OP ARTS 885, 886 87, 88 COLLEGE OF LETTERS 885,886 87, 88 COMMISSIONER OF TNIVERSITY AND SCHOOL LANDS— Abstracts and" conveyances of title to be deposited with 214 121 Appraisal, prepares list for 183 112 Appraisement, directs 183 112 Appropriation for salary and expenses of office 235 127 Contracts, duty as to cancelled 200 117 Contracts, of sale, executes 182 112 issues new, for, when 199 117 prepares, when 191 115 Deputy, appointment and bond, of 181 112 Fees for leasing, collects 234b 127 Lands conducts sale 182, 186 112, 114 designates time of sale 184 113 leasings, conducts 182, 221 112, 123 lists for sale forwai'ded county auditor when offered 184 113 when sold 207 119 county treasurer 212 120 164 i:ndex. Section Page COMMISSIONER OF UNIVERSITY AND SCHOOL LANDS— Continued. Lands, maps of, for record, when made °. . . . 196 IIS offers for sale^ when 187 . 114 Oath and bond of 170 109 Records to keep 182 112 Report, makes through board 182 112 Salary 182 112 School fund, determines amount to be loaned on mort- gages 172 109 Seal of office 182 112 Seizes property in case of willful trespass 231 126 Surveys, causes to be made when 194 11& Term 179 111 COMMISSIONERS ON PREPARATORY SCHOOLS— (See High Schools and High School Board.) COMPULSORY ATTENDANCE— (See Attendance.) CONSOLIDATION OF SCHOOLS— (See Schools and Election.) CONTRACTS— Advertising, to let, when 774 58 Board of education not to be interested in 792-836 64, 75 Industrial school, trustees not to be interested in. . . 979 106 Lands, assignee may have same rights as purchaser of 198 117 commissioner university and school lands, duties. . 182 112 division of 199 117 sale of, entitles possessor to what 197 116- lien executed 191 115 voidable, when 200 117 School corporations may enter into 668 27 School houses, not to be let without advertising 783 62 Sealed bids for, when required 802 67 Teachers, certificates, not required to hold in certain cities to make 742 50 must be in writing 695 34 terminated by revocation of certificate 744 - 51 to contain provisions as to discontinuance 704 36" void, except in certain cities 742 50 Text books 863 81 To be in writing, when 802 67 COURSE OP STUDY— (See Superintendent of Public Instruction, Schools.) COUNTY AUDITOR— Board of adjusters, member of 725 4o Board of appraisers, member of 183 112 Bond district treasurer, filed with 689 32 Bonds of school districts, to certify to 778 59 Deaf and dumb children, reports number to principal of school for 961 99 District clerk, notified by, when funds paid to district treasurer 718 42 to notify of tax levy 699 35. INDEX. 165 Section Page COUNTY AUDITOR.— Continued. Institute funds, draws warrants on 646 22 Leasing school and public lands, compensation for. . 221 123 duty as to 224 124 Plats of districts to furnish 669 27 Proceedings of board in organization of districts re- corded by 609 27 Receipts for collection of school funds, to forward duplicate 211 120 Sales of school and public lands, compensation for. . 190 115 duties regarding 190 115 execution of contracts 191 115 to give notice of 185 113 Tax, levy of independent districts, extends 840 75 of special districts, extends 801 67 levied by board of arbitration, duties 733 47 levies poll and two mill 722 44 levies to pay bonds, when 781 62 notice of levy to be mailed to 721 43 Training school fund, duties 757 54 Tuition fund, certifies amount of county to county superintendent '''22 44 COUNTY COMMISSIONERS— Approves bond of county superintendent (Note 29, p. 148.) 342 148 Chairman of board, member board of appraisers 183 112 Deaf and dumb children, may provide transportation and levy tax for, when 963 100 Districts, boundaries of, rearranged by 666 26 divided by, when 662, 663 25 may detach territory from special on petition 786 63 to change boundaries of, on petition 667 27 to organize on petition 660 24 Fund, institute may appropriate for 758 55 Office for county superintendent to furnish 651 22 Vacancy in office of county superintendent fills 727 46 COUNTY SUPERINTENDENT- Appeals, from decision of to superintendent of public instruction 64®, 644 20, 21 Apportions county tuition fund 722 44 poll tax 722 44 state tuition fund 715 41 Blanks, distributed by 641 20 provide for, at expense of county 308 130 Board of adjusters, member of 725 45 Board of appraisers, member of 183 112 Board of arbitrators, member of 731 46 Board of education, report to 797 65 Bond, amount (Note 28, p. 148, Note 2, p. 143.) 340, 343 approved (Note 29, p. 148j 342 approves district treasurer's, when 684 31 Census, report of newly organized districts 714 40 Certificate, teacher's, revoked by, when 744 51 notice of, to be given district clerk 744 51 Classification by teacher, to decide, when 753 53 Deputy, appointment of 6.52 22 Districts, assists in rearrangement of boundaries, of. 666 26 duties in organization of 660 24 166 INDEX. „ Section Page COUNTY SUPERINTENDENT.— Continued. Districts, high school, duties regarding 706 37 treasurer, to begin action against on bond, when. . 689 32 to require additional bond, when 685 31 Duties, refusal to perform, penalty 306 130 Election, clerk certifies to, in special districts 638, 813 20, 70 duties regarding first, for oiiicers 671 2S Examination for teachers' certificates, conducts .... 740 49 Expenses, office 651, 652 22 Fees collected, disposal of 646 22: General duties 639, 640 20 Institute fund, county, report to make to superintendent of public instruction 641, 755 20, 54 Instructions of superintendent of public instruction, duty regarding 641 20 Maps of districts, when furnished 643 21 Meetings of, with superintendent of public instruc- tion 632 19 Mileage 652 22 Notice of institute and training school, to give 751 52 Ofiice, cause for removal from 656 24 who may hold 672 29 Officers,appoints for first election 671 28 . meetings with 643 21 Permits may issue 741 49 Profession, not to engage in, when 655 23^ to engage in, permissible, when 657 24 Qualifications 653, 654, 672 23, 29 Records, school visits to keep 640, 642 20, 21 Report to superintendent of public instruction 649 22 Salary of, not paid until report made out 649, 652 22 Seal 642 21 Schools, jurisdiction ^ 639 20 in special districts 799 67 visitation of 640 20 School lands, member of board of appraisers. .183, 650 112, 22 Teachers, meetings, to hold 641 20 reports, duties regarding 748 51 Teaching, not to engage in 654, 657 23, 24 Term of office of ' 638 20' Tuition fund, apportions 647, 715 22, 41 Vacancies, fills in office of director 728 4S district treasurer 728 46- in office of, how 727 4S Who not qualified to vote for 638 20s COUNTY TREASURER— Account to keep with school corporations 719 42 Board of adjusters, member of 725 45 Board of arbitration, member of 731 46: Bond to give for funds from sale of school and public lands 209 120 Deaf and dumb children, collects for clothing furnished 962 99 District treasurer, performs duties of, when 684 31 Fees entitled to for collection of funds from sale of school and public lands 210 120 Funds due independent districts, paid to treasurer, when 843 76 Funds paid to district treasurer, notice to be given. . . 718 42 Institution fund, keeps 646 22 INDEX. 167 Section COUNTY TREASURER.-Continiied. Permits to cut hay or sell down timber, sells 228 125 Taxes collected by, for district 720 43 Tuition fund, reports to state auditor 711 39 collection of 711 39 DEAF AND DUMB— Assessors to report to county auditor 961 99 DEAF AND DUMB ASYLUM— Board of trustees, appointment 9o2 98 compensation 958 99 duties and powers 956 99 funds, control 955 99 meetings 953 98 members to take oath 954 98 officers 953 98 duties 954 98 organization 953 98 quorum 953 98 reports 966 101 term of office 953 98 Children required to attend 759 55 Clothing for children, when furnished 962 99 Faculty, matron's duties 965 101 principal's duties 964 100 qualifications 964 100 salaries 964 100 Location 951 98 Transportation of children to, when provided by county commissioners 963 100 Tuition charged non-resident children 959 99 free 960 99 DEBT LIMIT- Debt limit 818 71 (See also Bonds.) DEBTS— Independent districts assume of old, out of which formed '855 80 DEEDS— (See Board of University and School Lands.) DEPOSITORIES— Sinking fund, how designated 779 60 DEPUTY— Commissioner of university and school lands 181 112 County superintendent 652 22 Superintendent of public instruction, (Note 30,p. 149.) DIPLOMA— (See Normal School.) (See University.) 168 INDEX. Section Page DIRECTOR— Election 670 28 Term 670 28 Vacancy in office of, how filled 728 46 DISTRICT CLERK— (See Clerk School Boaru, General District.) DISTRICT HIGH SCHOOLS— (See High Schools, High School Board.) DISTRICT SCHOOL BOARD— Action against for permitting funds to be expended, when 709 39 Apparatus and supplies to furnish 694 33 Bonds to issue, when 775 58 Branches of study, determines what additional 698 35 Census to take , . 707 38 Closets and privies to furnish 874 85 Contract, dismisses teacher for violation of 695 34 Dictionary to furnish 694 33 District high school, management of 706 37 District treasurer, action on bond by 689 32 Election, called by, on petition to establish school .... 703 36 called to establish district high school 706 37 calls to vote on consolidation of schools 704 36 called by to vote on school houses and sites . . . .701, 703 35, 36 Flag, to purchase 865 82 General duties 691 33 Liability of for permitting other than English lan- guage to be taught 709 39 Library, may establish, and pay for without vote, when 694 33 Meetings of 681 31 Officers of 680 30 Organization of 680 30 Pupils, assignment and distribution of among schools . 696 34 expulsion of 697 34 non-resident, may admit 696 34 suspension of 697 34 Real property, extent of to hold, and title to, how ac- quired 702 36 Records of, open to inspection 708 . 38 Sinking fund, to levy 779 60 Schools, authority over 759 55 fixes terms 704 36 may discontinue, when 704 36 may make rules and regulations for 697 34 to establish 692 33 to organize on petition, when 703 36 School houses, advertising for proposals to build 783 62 may permit use of, when 700 85 Tax, amount of levy 699 35 levied when 699, 721 35, 43 may abate 699 35 Taxes, refunded or corrected, when 720 , 43 Teachers, to co-operate with 697 34 to employ 695 34 Text books, free, may furnish 863 81 INDEX. 159 Section Paere DISTRICT SCHOOL BOARD.— Continued. Treasurer, settlement with, wlien made 717 41 Tuition, may charge non-resident pupils GDO 34 Vacancy in othce of 728 46 Vacancy in office of, how filled 728 46 in office of district clerk, fills 729 46 DISTRICT TREASURER— Accounts, form for keeping 717 41 Action against on bond commenced by whom (Note 13, p. 14(j.) 689 32 Bond, not entitled to receive money when not filed. . 714 40 amount of 684 31 additional when required 685 31 vacancy in office when faihu'e to give additional.. 685 31 County treasurer acts, when 684 31 funds not payable to, when 718 42 controlled by 713 40 Funds, levied by board of arbitration, receives 734 47 Misdemeanor, guilty of on endorsement and payment of warrants, when 771 58 Reports published 686 32 Salary of 690 33 Settlement with, when made 717 41 Sinking fund, liability removed on depositing in de- positories 779 60 Vacancy in office of, how filled 728 46 Warrants, register of endorsed to, keep 687 32 endorsement of 687 32 ELECTION— Board of education 808, 858 69, 80 notice 809, 810 69 Bonds, for voting (see Bonds) 776 59 Certificates of 813 70 Consolidation of schools, to vote on 704 36 County superintendent 638 20 Date of annual 674 29 District high schools, to establish 706 37 How conducted 676 30 Independent district, date of 833 74 for organization 828 72 officers of, compensation 833 74 votes, how canvassed 833 74 Library, to purchase 694 33 Notice 674 29 Notice of to be furnished officer 677 30 Oath 675 29 Officers of 672 29 qualifications of 672 29 to take oath 811 69 Penalty for making false return 766 57 Petition for, to establish district high school 706 37 Polling places, how established 671 28 Polls open, when 673 29 Qualifications of voters 672 29 Superintendent of public instruction 022 17 , School houses and sites to vote on, how called, can- vass 701, 703 35, 36 170 INDEX. Section Page- ELECTION.— Continued. Special districts, bonds 816 70 for organization of 789 64 returns, how canvassed 812 69 to become general, when 807 68 tie vote, procedure 676 30 Votes, how canvassed 676 30 Who not qualified to vote for county superintendent. . 688 20' EMBEZZLEMENT— Officer, when guilty of 769 57 EMINENT DOMAIN— Right of (See Property, Real.) ENGLISH LANGUAGE— Records to be kept in : 709 39- ENUMERATION— (See Census.) i EXAMINATION- Appeals from county superintendent in marking of papers 741 49 Certificates for, when held 740 49 Questions for to be prepared by superintendent of pub- lic instruction 626 18- (See also Certificates and Teachers.) EXPENSES— Superintendent of public instruction, how paid 637 20 EXPERIMENTAL STATION— (See Agricultural College.) EXPULSION— Causes for 697 34 EQUALIZATION— (See Board of Arbitration.) FACULTY— (See Agricultural College, University of North Da- kota, Etc.) FEES— Appeal in examination papers prescribed for 741 49' Certificate, county 743 50 professional and normal, how used 739 49 County superintendent, member board of appraisal . . 650 22 County treasurer entitled to for collection of funds from sale of school and public lands 210 120 School and public lands leased, to be paid 234b 127 FELONY— Officer making false election returns guilty of 766 57" INDEX. 171 Section FINES— Imposed for removing furniture from school house . . TOO 35 (See also Penalty.) flag- To be furnished each school 865 82: Penalty for not complying with law regarding 865 82 FORFEITURES— (See Penalty.) FORM— County auditor's certificate to district school bonds.. 778 59 District treasurer's accounts 717 41 Election board of education 810 69 Endorsement of warrants 687 32 Notice of tax levy 721 43 Notice of annual election 674 2{>' Oath for election officers 675 29 FUNDS- Account of, how kept 713, 845 40, 77 Agricultural college 939 96 Bonds, for redemption of, whentransf erred 827 72 Conductor of training school to file statement with county auditor 757 54 County treasurer, to pay, when 718 42 Deaf and dumb asylum 955 99 Defined 712 40 District treasurer, when paid to 718 42 Drawing from county treasury, unlawfully 768 57 How paid out by treasurer 686, 804, 845 32, 68, 77 How used 712 40 Industrial school 981, 983 lOT, 108 Institute 646 22 county auditor's duties 757 54 county, amount arising from revenue fund 757 54 commissioners may appropriate for 758 55 duties of county auditor regarding ...646, 755 22, 54 fee for county certificate paid into 743 50' how expended 755, 757 54 training schools may be used for, when 757 54 what constitutes 755, 757 54 state, appropriation for 756 54 Normal schools 912 93 School and institution, board university and school lands may invest 170, 1 72 109' consists of, what 215 121 county auditor to report, when 211 120 county treasurer to give bond for, when 209 120 county treasurer to verify report of county auditor. 211 120 damages for trespass, paid into 232 12(> duties of state treasurer 174, 175 111 Sinking, board of education may invest 820 71 county auditor to levy tax, when 781 62' depositories for, how designated 779 60- interest on 779 60* 172 INDEX. Section FJJNBS— Sinking, levy for 779, 819 842, 2488 State lecturer, appropriation for 756 Training school, fee for county certificate paid into . . . 743 Treasurer, action against for funds 770 annual statement of, to publish 686 Tuition, county, county superintendent apportions . . . 715 state, apportionment of, when made 716 districts not entitled to, when 714 enumeration necessary to share in 714, 843 how raised 710 superintendent of public instruction appor- tions 711, 714 University of North Dakota 882 Use or loan of, is embezzlement 769 GENERAL DISTRICTS— Account with, to be kept by county treasurer 719 Annexation of school corporations 663 Boundaries, changed on petition 660, 667 established when, how 660, 677 not changed by code 659 rearranged by commissioners 660, 666 when may be changed 667 Civil township conforms to in what counties 659 formed into, when 667 may consolidate into, when 664 County commissioners to annex parts of, to other dis- tricts, when 662, 663 Contracts let on proposals, when 774 legalized, certain 669a Corporation distinct from civil township 6-59 Designated how (565 District high school, when established and how con- trolled 706 Division and annexation to other districts 662 Election, conduct of, and canvass of votes 676 certificates of 677 judges and clerks, appointment of 671 chosen, how 675 list of persons elected sent to county superintendent 677 notice of annual 674 posted 671 polling places to be designated 671 polls opened when 673 tie vote, procedure 676 violation of law relating to, penalty 766 voters, qualifications of 672 Punds (See Funds.) Furniture, removal of, unlawful 700 Indebtedness, equalization of between districts 731 how adjusted when no legal school board exists .... 725 taxes, levy to pay equalized indebtedness 732 limitation of 1284 maximum levy, to pay equalized 733 proceeds of equalizing, how disposed of 734 60, 71 76, 133 54 50 58 32 41 41 40 40, 76 39 39, 40 87 57 42 25 24, 27 24, 27 24 24, 26 27 24 27 25 25 58 28 24 26 37 25 30 30 28 29 30 29 28 28 29 30 57 29 35 46 45 47 47 47 INDEX. 173 Section Page GENERAL DISTRICTS.— Continued. Judgment, tax to be levied to pay 723 4-1 May become part of special, when 807 68 Named how 665 26 New, when organized 661 25 Numbers of, not changed by code 665 26 not to be increased 667 27 to be reduced 666 26 Officers (See Officers, Treasurer, Directors, District Clerk.) Organization of 660 24 irregularities in, legalized 669a 28 requirements for 661 25 Plats and maps of, furnished to state auditor 669 27 Powers as a corporation, generally 668 27 Pupils admitted from other districts 669 27 enumeration of, annually 707 38 new district, by 714 40 School township, may separate from 660 24 Territory to be included in organization of 660 24 Tuition funds, entitled to 715, 716 41 enumeration of pupils necessary to share in 714 40 not entitled to receive, when 714 40 Warrants, certain, legalized 669a 28 indorsed, when 687 32 specify, what 668 27 What constitutes in civil township 658 24 (See also Bonds, District School Board, Officers.) GEOLOGICAL SURVEY— (See University.) GOVERNOR— Blind children, to provide care and instruction for. . 793a 104 Board of university and school lands, member of .... 169 108 Bond, commissioner of university and school lands, approves 170 109 Member high school board 8(57 83 Normal schools, member board of trustees 908 92 Patents to issue for school and public lands, when . . . 205 118 School and public lands, reconveys to the United States, when 204 118 Trustees agricultural college, appoints 936 95 blind asylum, appoints 968 102 deaf and dumb asylum, appoints 9.52 98 industrial school, appoints 976 104 normal schools, appoints 909 92 university of North Dakota, appoints 877 85 Vacancy in office of superintendent of public instruc- tion, fills 726 45" GRADES, TEACHERS— (See Certificates.) GRADUATES— > (See Agricultural College, University of North Dakota. Etc.) ■174 INDEX. _ _ Section Page -HIGH SCHOOLS— Aid for not paid to, when 870 83 how paid 870 83 to receive for three years 872 84 Appropriation for classified 870 S3 Board of education establishes, when 797 65 Classification, requirements for 869 83 District, election to establish 706 37 enumeration requisite to establish 706 37 how established and maintained 706 37 joint 706 37 Pupils, requirements for admission to, by classified . . 868 83 Teachers exempt from attending institutes and train- ing schools 751 52 HIGH SCHOOL BOARD— Aid, prescribes conditions upon which granted to schools 872 84 Applications for classification by schools 870 83 Appoints inspector, when 870 83 Assistant examiner, appoints 872 84 salary of 872 84 Discretionary powers of 872 84 Expenses of 871 84 Members of 867 83 Records, m keep 8(3 85 Report to make 873 85 Schools, classified, visited by member of 870 83 holidays- How counted 749 52 Teacher entitled to compensation for 749 52 What are 5124, 5125 147, 148 INDEPENDENT DISTRICTS— Bonds, issuance of, authorized (see Bonds.) 842 76 Boundaries of 831 73 Cities governed by 828 72 Debts, assumed by new district 855 80 division of, when special district abolished 862 SI Elections, date, conduct of, canvass of, compensation of officers 833 74 Funds, how kept and paid out 845 77 when paid to treasurer 843 76 Organization of 828 72 election, notice of, ballots, etc 829, 830 73 Organized by special act, abolished when 860, 861 80, 81 Ordinances passed by city council for care of prop- erty, etc 853 79 Pupils, non-resident, may be admitted 848 78 Property, not subject to liens 850 78 real, how conveyed 851 79 title, vested where 850 78 Taxes, amount of, limited 841 76 collected how 840 75 levy to pay bonds 842 - 76 'Treasurer, bond of 844 77 city, of, is treasurer of 843 76 reports to board, contents 852 79 Tuition funds, entitled to 715, 716 41 "Water closets to be provided 874 85 (See also Board of Education, Bonds.) INDEX. 175 Section Page 107 104 INDUSTRIAL SCHOOL— Board of trustees, accounts, audits 981 appointment g^g 105 bond 980 107 bonds, may issue ^^^ -|^q5 compensation : ' : ' ' " V j" ,U qtq lOG contracts, members not to be interested in 9^9 ^"^ donations, received by gg2 108 faculty, appoints ^gg -j^Qg funds, duties ^^^ ]^q5 meetings g-g io5 oath 9Y7 it)5 officers 98;]^ 107 Powers • 983 io8 reports ; ' ". q7q 106 superintendent of construction, appoints « <« ^^„ Bonds, interest on, how paid • • • g^g ^^^ Buildings, construction ^^g ^q^ cost limited 9^9 106 deed filed, where 9^9 io(j proposals for 9^9 ioq site ■••••••• ■.■.■.'.■.'.'. 975 104 Endowment of 9g3 108 Faculty, report when g^ ^^07 Funds, state treasurer keeps g^^ ^^^ Location 973 104 Management 974 104 Objects • • • 9g0 107 Sinking fund, created how INHABITANTS— District may be formed from districts containing 800, ^^^ ^^ when (Note 7, p. 144.) INSTITUTES— Attendance of superintendent of public instruction.. 634 19 Warrants endorsed ^^^ 54 Conductor, salary of •• -.-g 55 County commissioners may aid . . . • j-o County superintendent to give notice of ....... • • • • • 'O-l Superintendent of public instruction appoints con- ^_^ ^^ ductor :"^" V ' l\ (See also Teachers, Funds, Lecturer.) INTEREST— ^g,j, 3.3 Warrants endorsed (See also Funds and Taxes.) JUDGES— (See Election.) V JUDGMENT- ^21 723 43, 44 Taxes levied to pay ' LABOR— . rjQ2 56 Child, prohibited when 176 INDEX. Section Page LAND GRANT— Agricultural college 949 98 Blind asylum, proceeds of, appropriated 971 103 Experimental station 948 97 Industrial school 975 104 Normal school 906 92 LAW— Department of, in state university 890 80 Independent districts organized under special law not to vote for county sperintendent 638 20 Preserved by superintendent of public instruction... 623 17 Teachers in cities organized under special law exempt from holding certificates 742 50 Secretary of state furnishes copies of, to university. . 894 90 LECTURER— Institute, appointment of 756 54 LIBRARY— Appropriation for traveling, establishment of 625 IS District, list of books for, to be furnished by superin- tendent of public instruction 623 17 Educational, state appropriation for 866 82 LIGNITE COAL— Schools to use (Note 30, p. 149) 1030 MO- MANUAL TRAINING— (See Industrial School.) MAPS— District, furnished assessors 643 21 To be filed in otR.ce of superintendent of public in- struction 669 27 MEETINGS— District school board, regular and special 681, 717 31 (See also Elections.) METEOROLOGICAL STATISTICS— University to tabulate 900 90 MILITARY SCHOOL 885 87 MISDEMEANOR— Compulsory law, etc 760, 762 56 Contracts, letting of without advertising 774 58 Speculation in oflBce 767 57 Warrants, indorsement and payment of unpaid, when 771 58 (See Penalty.) MORALS— Instruction in 754 53'- INDEX. 177 Section Page MORTGAGES— Board of university and sctiool lands may loan school • funds on 172 lOO' State treasurer custodian of, purchased by university and school lands 174 111 NARCOTICS— (See Stimulants.) NORMAL COLLEGE 885 87 (See also University.) NORMAL SCHOOLS- Board of management 907, 908 92 (See also Board of Management.) Board of trustees, appointment of 907, 909 92 commissions 910 92 compensation 911 93 course of study to adopt 913 93 faculty, employs and fixes salary of 916 94 how constituted 908 92 meetings of 911 93 oath of office 909 92 report, to make to governor 920 94 secretary, election of 910 92 salary of 911 93 term of 909 92 Buildings, superintendent of construction appointed by board of management 914 93 Certificates, normal, gi-anted to graduates of, when.. 738 48 Course of study prescribed by superintendent of pub- lic instruction 627 18 Diploma from, equivalent to first grade county certi- ficate 738 48 Endowment , 906 92 Faculty, duties of '. 917 94 principal of 918 94 to make report to board of trustees 919 94 Funds, state treasurer to keep separate 912 93 Graduates of, entitled to state certificate, when 922 95 diplomas, to receive 921 95 Location of 905 92 Maintenance 906 92 Management 907 92 Objects 913 93 OATH— Administered by county superintendent in certain cases ( Note 4, p. 144.) 645 21 County superintendent (Note 2, p. 143) 343 143 Director, to take 678 30 Election officers, by whom administered 675, 811 29, 69 Member board of education to take 815 70 Office, where filed 689 32 Trustees industrial school 978 105 Trustees blind asylum 969 103 Treasurer (Note 24, p 147) 684, 805, 844 31, 08, 77" OFFICE— (See titles pertaining to officers.) 178 INDEX. Section Page OFFICER— Board of education, how chosen 794 65 County superintendent subject to removal, when .... 656 24 District treasurer^ misdemeanor in neglect of duty as to warrants, when 771 58 District, notice of election to be furnished 677 30 oath to take 678 30 Embezzlement of funds 766 57 Felony, guilty of, when 766 57 Meetings with, arranged by county superintendent .... 643 21 Penalty for neglect to perform duties of office 765 57 Penalty for failure to enforce compulsory law 761 56 Reports, penalty for making false 772 58 School, reports of where filed 642 - 21 Speculation, penalty for in office 767 57 OFFICERS— Director, election 670 28 term 670 28 District clerk, oath where filed 689 32 (See Clerk.) District school board . 680 30 oath where filed 689 32 president, duties of 682 31 election of 680 30 salary of 681 31 District treasurer, bond of 684 31 bond, additional 685 31 where filed 689 32 duties 686, 687 32 Oath for election 675 29 Treasurer, election 670 28 term 670 28 ORAL INSTRUCTION— v. Teacher to give in what branches 750 52 , PATENTS— (See School and Public Lands.) (See Board of University an;' School Lands.) PENALTY— Board of appraisers subject to for false report 183 112 Certificate revoked when teacher neglects instruction in physiology, etc 648 22 Compulsory attendance, prosecutions, how brought. . 764 57 violation of law of 760, 761 56 County superintendent, removal from office, when.... 656 24 Delinquent taxes, how applied 720 43 Election returns for making false 766 57 Flag, not complying with law 865 82 Member board of education refusing to qualify 854 80 Money, unlawful drawing of 768 57 Officer neglect to perform duties of office 765 57 Ordinances, relative to school property 853 79 Persons employing child labor 763 57 Physiology and hygiene, neglect to teach 648 22 Reports, for making false 306, 772 130, 58 PENALTY— Continued. INDEX. 179 Section Page School, for disturbing 773 58 School officers, for failure to provide closets and privies 874 85 School and public lands — cutting hay before July 1. . . . 227 125 cutting or removing timber from 225 124 plowing or cultivating, when 220 124 trespass upon 230, 231 125, 126 Teachers' meetings, failure to attend (!41 20 PERMITS— County superintendent may issue 741 49 Limit as to number of 741 49 (See Certificates.) (See Commissioner University and School Lands, School and Public Lands.) PETITION— Additional school term, for 705 37 r' Bonds, (see also Bonds.) 770 59 County commissioners, may detach territory from spe- cial districts 786 63 to divide district on 663 25 Districts, boundaries changed on 007 27 Election to change special district 807 68 Election to organize independent district 828 72 Not applicable to organized school, when 703 36 Organization of district, for 060 24 Special district to organize 789 64 Text books, to furnish 864 82 (See also Election, School.) PLATS— County auditor to furnish, of districts 669 27 POLLING PLACES— First election, how established 674 29 (See Election.) PROPERTY— Exempt from execution, lien 850 78 Real, amount of, district may hold 702 36 for what used 702 36 title aeverts, when 702 36 title vested in independent districts 851 79 School corporation may hold or use 668 27 Special districts pledged for payment of bonds 822 72 Title to may be acquired by proceeding in eminent domain 702 36 PUPILS— Classes, assignment to 753 53 Not required to be present during reading of bible. . . . 754 53 Suspension and expulsion of 097, 752 34, 53 797, 840 05, 77 Transportation of arranged for 704 36 Tuition may be charged 696. 848 34, 78 180 INDEX. V Section Page QUALIFICATIONS— County superintendent 635, C72 23, 29 Officers 672 29 Superintendent of public instruction 622 17 Teachers . 742 50 QUORUM— (See titles pertaining to Institutions and Board.) RECORDS— Commissioner university and school lands, to keep . . 182 112 To be kept in English language 709 39 REGISTER— Teachers, what to contain 748 51 REPORT— Biennial of superintendent of public instruction . . . 635, 636 19 Board of education to make to county superintendent 797 65 Boardof trustees, agricultural college, to make 945 97 blind asylum to make 978 104 deaf and dumb asylum to make 966 lOl university to make 903 91 what to contain 883 87 Commissioner of university and school lands to make 182 112 County superintendent, what to contain and when made 649 22 District clerk to make 707 38 District treasurer's published 686 32 Faculty agricultural college to make 944 97 High school board to make 873 85 Industrial school, board of trustees to make 983 108 faculty to make 983 108 Normal schools, faculty to make 919 94 trustees to make 920 94 School officers, were filed 642 21 Teachers to make 748 51 where filed 642 21 Treasurer, independent district to make 852 79 Treasurer's publication of 717 • 41 RESIDENCE- Certificate, to obtain 742 50 RULES— Examination, prescribed by superintendent of public instruction, for 626 18 SALARY— Commissioner of university and school lan-ds 180 112 District treasurer 690 33 County superintendent §52 22 how determined 652 22 not paid when 649 22 Deputy county superintendent 652 22 Officers of district school board 681 31 Superintendent of public instruction 637 20 Teachers, ceases on discontinuance of school 704 36 how graded 695 34 last month's not paid when 748 51 INDEX. 181 SALES- ^'*^*'°" ^''' (See Commissioner of University and School Lands. School and Public Lands, Board of University and School Lands.) SCHOOL AND PUBLIC LANDS— Abstracts and conveyances of title to be deposited with commissioner of 214 121 Appraisal 183 112 equalization of 218 122 for leases 218 122 new, when made 195 116 returns of 218 122 value of pasturage 208 119 Appraisers, who are members of 183, G50 112, 24 Assignee of purchaser, rights of 198 117 Attorney general, duty regarding actions, etc. 233 126 Coal lands cannot be sold 216 121 Commissioner of university and school lands, duties regarding 182 112 Contracts, divided when 199 117 execution of 191 115 fees for issuance of new, divided 199 117 new may be issued, when 199 117 new not to issue, when 199 117 payments on to county treasurer 208 119 surrender of 199 117 Controlled by board of university and school lands.. 170 109 County auditor, clerk of sale 190 115 duties and compensation for leasings 221 123 to forward receipts to state auditor of collections.. 211 120 County treasurer, bond to give for funds collected from sale of 209 120 fees entitled to, for collection 210 120 remits collections, when 208 119 permits to cut hay or remove down timber, sells. , 228 125 Damages, recovery for, how disposed of 232 126 Examination of, by assessors, and fees for 213 121 Fee remains in state until contract performed 202 118 Hay not to be cut from before July 1 227 125 Lease, adjournment of 218, 223 122, 123 advertisement for 220 123 approval of, by board of university and school lands 224 124 contracts for 224 124 cancellation of, for cultivated 217a 121 cultivated lands 217, 217a 121 expenses how paid 234 126 fees for service 234b 127 fees paid to county treasurer 234b 127 forfeited when 225, 226, 227 124, 125 how made 221 123 lands subject to 217 121 made by whom 221 123 payments on 222 124 selection for 219 122 term of 217, 217a 121 when forfeited 201 117 when may be made without advertising 224 124 Lists sold to be furnished county treasurer 212 120 Map of small parcels recorded 196 116 Notice to purchaser when contract void 2(X) 117 Patents, record of 206 119 182 INDEX. Section Page SCHOOL AND PUBLIC LANDS— Continued. Patents for, when and how issued 20-5 118 Permits may be sold to cut hay or remove down timber 228 125 Purchaser, rights of under contract 197 116 Quantities to be sold 21G 121 Reconveyance to the United States 204 118 Recovery of possession by state 203 118 Redemption from forfeited contracts 201 117 Resale of 1S7, 201 114, IIT Sale, adjournment of 184, 188 113, 114r confirmation 190 115 contracts, voidable when 200 117 county auditor, clerk of 190 115 expense of, how paid 234 126 funds from, what go into general or current fund. . 215 121 lots 195 116 manner of 18G 114 principal from, held inviolate 215 121 publication of notice of 185 113: terms of 187 114 void, when 192 116 Seizure and sale, property unlawfully severed, when. 231 126 terms 187 11* withdrawal of lands from 189 115 Subdivided into small parcels, when 194 116 Surveys of, expenses of, how paid 193, 194, 195 116 Taxation of, after sale 207 119 Tax sale, purchaser acquires what rights by certifi- cate of 207 119' Timber, lessee not to cut or remove lumber from .... 225 . 124r Title in state until contract performed 202 118 Trespass, civil action for 229 125 damages for, paid to state treasurer for general fund 232 126 penalty for 230, 231 125, 126 state's attorney to prosecute when 233 126 what is willful 230 125 Trespassers on when terms of contract not complied with 202 118 Uncultivated, penalty for plowing or cultivating.... 226 124 lessee not to plow or cultivate 226 124 (See also Board of University and School Lands, Commissioner of University and School Lands, Funds.) SCHOOLS— Alcoholic drinks, instruction as to effects of 648 22 Bible, not sectarian book 754 5S Branches of study, additional determined by county superintendent and district school board 698 35 in schools classified by high school board 868, 869 83 in special districts 7-50, 797 52, 65 list of, to be taught 750 52 Child labor prohibited during school hours 762, 764 ■ 56, 57 Classification as high school, requisites for 869 83 Consolidation of ^Oi 36 Course of study prescribed by superintendent of public instruction for 2'^" 18' Discontinued when -. • TQ4 36; SCHOOLS.— Continued. INDEX. 183 Section Page Disturbance of, penalty for 773 58 District high school, how established and controlled. 700 37 District school board to establish 692 33 District school board may discontinue G92 33 English language to be taught exclusively 709 39 Free text books may be furnished for, and how. .. .803, 804 81, 82 Health and decency, regulations for 874 85 High schools, what may be classified as S68 83 Holidays, what are (Note 27, p. 147) 5124, .5125 147 Holidays and Sundays, not taught on 749 52 Libraries, lists of books furnished by superintendent of public instruction 02.5 18 circulating, provided how 025 18 Lignite coal, to use (Note 30, p. 149) 103() 149 Notice of commencing, given by teacher 740 51 Organized on petition, when 703 30 Petition to organize, when not applicable 703 30 Physical education to be taught in 754a 53 Supervision over by superintendent of public instruc- tion <323 17 Supplies to be furnished for, by superintendent of public instruction 625 18 Teacher not entitled to compensation for teaching on legal holidays or Saturday 749 52 Visitation of, by county superintendent 040 20 Water closets to be provided for 874 8.5 Who may attend 759 0.3 SCHOOL CORPORATION— Authority of f>'58 27 Territory that may be organized into <')00 24 (See also Districts.) SCHOOL FOR DEAF- Children required to attend 759 55 (See also Deaf and Dumb Asylum.) SCHOOL HOUSE— District school board may allow use of, when 700 _ 3-5 Election to establish site for 701, 703 35, 30 Penalty for removing furniture from, a misdemeanor 700 35 Proposals to build, advertisement for 783 _ 02 Sites, board of education may obtain 797, 840 05, 77 obtained by district school board, when 703 36 title to how acquired . .-. 702 36 SCHOOL LAW— To be provided by superintendent of public instruc- tion 031 19 (See also Law.) SCHOOL OF MINES 885 87 SCHOOL MONTH— Defined "^'^ ^^ 184 INDEX. SCHOOL TERM— Section Increased on petition 705 _ 37 Length of, and how fixed , , 704 35 Maximum length of 705 37 Special district, maximum 797 (35 SCHOOL TOWNSHIP G58, 659 24 SCHOOL WEEK— Defined 749 52 SCHOOL YEAR— When closes 749 52 SEAL— Board of education 787,838 63, 75 County superintendent 642 21 Superintendent of public instruction 633 19 SECRETARY BOARD OF EDUCATION— (See Board of Education, Independent Districts.) SECRETARY OF STATE— Board of univei'sity and school lands, member of . . . 169 108 Bond, commissioner university and school lands, records 170 109 Laws and supreme court reports, furnishes univer- sity 894, 895 90 SINKING FUND— (See Funds.) SITES— (See School Houses.) SPECIAL DISTRICTS— Adjacent territory, how attached 786 63 Board of arbitration 807 68 Bonds. (See Bonds, Special District.) Cities governed by law relating to 785 63 Debt limit 818 71 Election, board of education, time notice, etc 808, 810 69 officers 811 qq voting precincts, how designated 811 69 returns, how canvassed 812 69 certificates 813 70 to become general district 807 68 Equalization debts and property 806 68 High school established, when 797 65 Name 787 63 Organization 789 64 Powers of ." ' 787 63 Property, conveyance of, made 788 • 64 Records open to inspection 796 65 Schools, open to whom 797 65 length of terms 797 65 Tax levy 801, 819 67, 71 INDEX. 185 Section Page SPECIAL DISTRICTS.— Continued. Taxes, payable to treasurer 800 67 levy certified to county auditor 801 67 property subject to 800 67 Treasurer, bond 805 68 custodian of funds 798 67 duties 804 68 who is ". 803 67 Tuition funds, entitled to 715, 716 41 STATE AUDITOR— Deaf and dumb school certificates, issues when 966d 102 Board of university and school lands, member of.... 169 108 School funds, authority to draw warrants on 176 111 Tuition fund, state, duties as to 711 39 reports to superintendent of public instruction .... 711 39 "Warrants, industrial school, draws 977 105 to draw for salary of institute and training schools conductor 757 54 STATE BOARD OF EQUALIZATION— University, levies tax for 904b 91 STATE TREASURER— Bond, commissioner of university and school lands filed with 170 109 Bonds, purchased by board of university and school lands, custodian of 174 111 Funds, permanent school and institution collects.... 175 111 permanent school keeps 174 111 Report to board of university and school lands ...... 175 111 STATE UNIVERSITY— (See University.) (See also Branches of Study.) STIMULANTS 648,750,751 22, 52 STIMULANTS- STUDIES— Assignment of 753 53 SUPERINTENDENT— Board of education, may employ 797 65 Schools, supervision of 799 67 SUPERINTENDENT OF PUBLIC INSTRUCTION— Appeals from county superintendents, decided by .... 629 18 forms for prescribed by 629 18 from county superintendents on examination papers 741 49 general authority of 629 18 Apportions state tuition fund 711, 714 39, 40 Board of university and school lands, member of 624 18 secretary of 169 108 Census, prescribes forms for 707 38 Certificates, authority to revoke 739 49 normal, issued by 738 48 prepares questions for examination for 736 48 professional, issued by 737 48 186 INDEX. SUPERINTENDENT OF PUBLIC INSTRUCTION.— Contfnu'ed. ^^^^ County institute fund, may require statement of 758 55 County superintendent, advised and counseled by .... 629 18 to meet wittL 632 19 to report to 649 22. to report count j' institutes to 755 54 Courses of study prescribed by 627 18 Deputy, appointment of (Note 31) 370 149 secretary of board of university and school lands, when 169 108 District libraries, furnishes list of books for • 625 18 Duties generally 634 19 Election of 622 17 Endorses diplomas of graduates of university, when . . 889 89 Expense, traveling 637 20 Institute conductors, appointment of 756 54 lecturer, appointment of 756 54 Institutes and training schools, prescribes rules for. . 628 18 LibraiT, state, keeps ' 866 82 Normal schools, member board of trustees 908 92 president of board of trustees 908 92. Office of where held 622 . 17 Percentage required to issue county certificates, pre- scribes 741 49 Qualifications of '. 622 17 Questions for teachers' examination, prepared by .... 626 18 Record, official acts kept by 630 19 Report, what to contain 635 19 when made 635 19 Salary of 637 20 Schools, supervision of 624 18 School law, duty to cause printing and distribution of. 631 19 opinions on, to give 629 18 Seal of office to be kept 6.33 19 State high school board .867 83 Supplies furnished by 625 18 Teachers, examination by 626 18 institutes, to attend and assist at •. 634 19 reading circle, prescribes course of study for 628 18 Term of office 622 17 Vacancy in office of, how filled 726 45 Text books, publishers must file samples and prices. . 863 81 to furnish certified copy of prices 863 81 To preserve books, maps, etc 623 17 Traveling librarj-, to approve bills for 625 18 to be established by 625 18' SUPPLIES— Furnished by superintendent of public instruction. . 625 18 SUPREME COURT REPORTS— Secretary of state furnishes for university 894 90 SUSPENSION— Causes for, notice of, and time 697, 752 .34, 53- TAXES— Board of adjusters levies, when 723 44 Board of arbitration levies 732, 733 47 Board of education levy to pay bonds 801, 819 67, 71 839, 842 75, 76; TAXES.— Continued. INDEX. 187 Section Page 720 43 52 Collected, how and when Collection of in independent district '^-I'J <"^ County auditor to extend levy for judgments on tax _ lists Lzi 11 County tuition fund _• ■ • • i"- ^ Delinquent prior to 1899, how apportioned '--■ p District school board to levy |^"J 2^ Independent district, amount of levy -S'., -o.^ xi jx. Judgment, tax to be levied to pay '-^' ioi 4? Levied by district board, when !_-i ^^ Levy, for all purposes of equalization, maximum . ._. . i6o -ii for Sinking fund ^>^ ^' ^g to be certified by district clerK <j99 3o to pay final judgment j.--^ ., Notice of levy, form of i".^ • Poll, levy and apportionment of j.-- ^^ Rate of levy • • • *- ^.J Special districts ^^' 2!,^ 44 Uniform '""^ TEACHERS— RrancliGS to tG&cli iov Certificates, applicants for, examined by county super- ^^ intendents 1.-, , ^g examination for ^.;- J^;^.^ ,^ -^ fees for examination '-^9' ',f^ *^'' ^^ grades < certificate must hold, except in cities organized un- . der special laws tf' g- in special district Iy' .^ normal, qualifications requisite ^^ ^^ of, revoked for cause ' ^ ., , or permit must hold 2;;2 H proceedings to revoke i^^ ,^ professional, qualifications requisite i^j ^g requisites .''.'".' 2.' '' V- <'• ic •» revocation for failure to give certain instruction. . . . 04S -- revocation of terminates contract ^^j - Compensation, not entitled to, when i^j^ ^ Contracts, to teach, void if not qualified . ... ... .... •^- ^j District school board may dismiss when not ho_lding_. uJo o;t Duties of • <-^^'' '-i'' '-^^' t:]l ^^' 5; Holiday, entitled to compensation for ^•*-' - How grades of, established • • '^'■ Institutes and training schools, attendance at, re- _ quired -~^ penalty for failure to attend i'J j OS 52 52 who exempt ''"'■, im 1 9(> Meetings of, penalty for failure to attend J^i -^ to be held for by county superintendent |^a - ^ when excused from attending ...... . . • • • . • • . • • • • • "^^ Permits to teach, when may be granted (Note lb, p. _ ^^^ l-t(!.) ..••••■ i-,.T o3 Pupils, suspension for cause _^^ -^y Sor^to make in' duplicate to 'county superintendent 748 51 Register, to keep i^g 5-1 what to contain 188 INDEX. Section Page TEACHERS.— Continued. ' Salary ceases on discontinuance of school 704 36 Salaries, how graded 695 34 School, not to teach on legal holiday or Saturday .... 749 52 to give notice of beginning and closing to county superintendent 746 51 Who not eligible in certain cities 859 80 TEACHER'S READING CIRCLE— Fees, collected for professional and normal certificates 739 49 TERM— Office of county superintendent 638 20 Office of superintendent of public instruction 622 17 Special district, maximum 797 65 (See Schools, Officers, Etc.) TERRITORY— District, extent of, to form ; : . 661 25 School corporation, that may be organized into (Note 7, p. 144.) 680 24 TEXT BOOKS— Boards of education may furnish 863 81 Contracts for 863 81 District school board may furnish free 863 81 How paid for 864 82 May be loaned, or sold at cost 863 81 Petition to furnish free 864 82 Publisher must file samples and prices with superin- tendent of public instruction 863 81 TITLE— Real property, to, how acquired 702 36 (See Schools and Public Lands.) TOWNSHIP— Civil, may be organized into school district (Note 7, p. 144.) 660 24 Congressional to be organized into district, when 667 27 Consolidation of civil into district, when 664 25 TRAINING SCHOOLS— County superintendent to give notice of 751 52 (See Teachers, Institutes, Etc.) TRAINING SCHOOL FUND— (See Fund.) ■ TREASURER— Agricultural college, bond 93 <, 950 95, 98 not to be a member of the board 937 95 Board of education, treasurer of city . 803 67 Independent districts, funds, how kept and paid out. . 845 77 reports 852 79 Reports, made how and when 717 41 to be published 717 41 ' to show what 717 41 TREASURER.— Continued. INDEX. 189- Section Page- Special districts 798 67 bond of 805 68 duties as to interest coupons 821 72 duties of 804 68 office vacant, when 805 68 vacancy in office, how filled 805 68 To receipt for vouchers 717 41 TRUSTEES— (See Board of Trustees.) TUITION— District school board, may charge non-resident pupils G96 34 not to charge when 696 34 non-resident deaf and dumb children 959 99' TUITION FUND— Apportionment of 647 22 County, how and when apportioned 722 44 tax levy for 722 44 Districts entitled to 715, 716 41 How paid to counties 711 39 Special, transferred to state, when 712 40 what constitutes 712 40 State, apportionment by county superintendent, when 715 41 apportionment of 710, 711 39 collection of 710 39 district not entitled to, when 714 40 purposes to be used 712 40 state auditor reports amount, when 711 39 special fund transferred to 712 40 unused, reverts to state treasury when 711 39 what constitutes 710, 712 39. 40 Treasurers to keep separate account of 711 39 (See also Funds.) UNIVERSITY— Appropriation for 904b 91 Board of trustees, compensation of 891 89 college may make part of 882 87 faculty, elects 881 86 salary, fixes 893 89 finances, control of 882 87 geological map to be, caused to be made 902 91 geological survey, extent of 898, 899 90 how appointed 876, 877 85 meetings 879, 880 86 meteorological statistics to tabulate 900 90 officers 878, 879 86 powers of 878 86 quorum 879 86 reports to make 883 87 annual, and what to contain 883, 903 87, 91 rules and bylaws 892 89 specimens to collect ; 901 90 Certificates, professional, granted to graduates, when 737 48 Certificates, normal, granted to graduates, when 738 48 190 INDEX. Section UNIVERSITY.— Continued. - Departments of 885, 890 Faculty, powers and duties of 884 Graduates entitled to endorsement of diploma 889 Location of 875 Muskets furnished by adjutant general 896 to be returned when called for 897 Normal department, diploma from, equivalent to first grade county certificate 7.38 ' special agreement to enter 892 Object of 885 Scandinavian language to be taught 887 Secretary of state furnishes laws and supreme court reports 894 Students, who may become 888 Tuition, free to whom 890 UNORGANIZED TERRITORY— Pupils residing in, when not to be charged tuition . . 696 UNORGANIZED TOWNSHIP— (Civil.) 695 VACANCY— Appointments to fill for, how long valid ...... 726, 727, 728 County superintendent, office of, how filled 727 District treasurer^ office how filled 728 How caused 730 (Note 3, p. 143.) Office, board of education, how filled 814, 834 director, how filled 728 district clerk, how filled 729 district treasurer, on failure to give additional bond 685 superintendent of public instruction, how filled.... 726 VALUATION— Assessors to furnish district clerk, when 724 Amount necessary to form new district 660, 661 VOTING— (See Election.) "WAGES— (See Salary, Teachers.) WARRANTS— Certain, legalized 669a 28 District treasurer when to endorse 687 32 Endorsed, when to pay 687 32 Fund on which drawn, designated 688 32 Interest on endorsed 687 32 Misdemeanor, endorsement and payment of, when... 771 58 Received for collection of taxes 719 42 Specify what 668 27 When drawn 688 32 "WOMEN— Eligibility to office 672 29 87, 89 87 89 85 90 90 48 89 87 88 90 88 89 34 24 45. 46 46 46 46 70, 74 46 46 31 45 45 24, 25