^<1hpyl Class _l:B2^^3L- Copyright W COPXRIGinr DEPOSIT. Pennsylvania Common School Law —BY- CHESTER C. ^ASHORE, LL. B. Of the Cumberland County Bar SUPREME COURT. SONEY & SAGE Newark, New Jersey 1906 LIBRARY of CONGRESS NOV 24 «yy6 Copv'iifMi Entry //, 'f« ^ "class a '^'<''' NO /fe^l>^ 4>^ Copyright, 1906 BY Chester C. Bashore iL' ^ TO THE TEACHERS, DIRECTORS AND PATRONS — OF— THE COMMON SCHOOLS —OF THE— STATE OF PENNSYLVANIA, THIS BOOK IS RESPECTFULLY INSCRIBED PREFACE Within recent years the people of Pennsylvania have manifested a deep interest in the canse of education, and this work is presented with the hope that it may be of value to those who may desire more knowledge upon the subject. As the common school law of Pennsylvania is purely statutory, it has been the plan of the author to give the Acts of Assembly bearing on a given subject, following- said acts by the decision of the courts relating to them. It is with much hesitancy that this work is submitted to the public, but if it serves as an aid to those investigat- ing the subject, the author will feel amply justified in his labors. The writer acknowledges his indebtedness to Arthur L. Reeser, LL. B., for his valuable assistance. Chester C. Bashore. Carlisle, Pa., September i, 1906. TABLE OF CONTENTS CHAPTER I. COMMON vSCHOOL DISTRICTS. PACK 1. Creation of i 2. Every township, borough and city a school district 2 3. vShall elect assessors 2 4. Consolidated districts. Powers of controllers 3 5. Terms of directors elected. Courts nia\' increase number to three for each ward 4 6. Independent districts. Creation of 4 7. When districts become independent. Powers of new board 5 8. Collection of taxes 5 9. Against formation 5 10. How to abolish independent districts 5 11. Abolish whole districts 6 12. Classification of school districts 6 13. First class 6 14. Second class 6 15. Third class 6 16. Fourth class 6 17. Population of different classes of cities. First class 6 18. vSecond class 6 19. Third class 6 CHAPTER n. CHANGES IN SCHOOL DIvSTRICTS. 20. When alteration or abolition takes place 7 21. Apportionment of existing debt 8 22. Cutting borough out of township 8 23. District municipal corporation 9 24. Board of Health 9 25. When cutting boroughs out of townships does not create new school districts 9 26. Division of property upon formation of new districts 10 27. Act of 1862 is a remedial law 11 28. Division of propert}- 11 29. Division of state appropriation 11 30. Division of property upon the enlargement of school districts.. 11 31. Annexation of land 12 32. Purpose of act 13 ^^. Contents of petition 13 34- Report of viewers 13 35. When court may set aside decree 13 36. Proper proceedings 14 37. Territor}- becomes part of new district 14 vi TABLE OF CONTENTvS, Continued Pagk. 38. Merj^er of township, Rights and liabilities 14 39. Certification of new districts 15 40. Tax cannot be levied while proceedings are pending 15 41. Duty of commissioners : 15 42. Borough school districts 16 43. Constitution 16 44. Due compensation 16 45. Court shall adjust and apportion indebtedness 16 46. Trial by j ury 18 47. No authority in new district 18 48. Notice to persons having claims against the district 18 49. Riiles for collection and payment 18 50. Court may appoint receiver. Duty of receiver 19 51. How indebtedness shall be credited. How balance shall be credited 19 52. Enforcement of orders and decrees 19 53. When township is merged into one borough 20 CHAPTER III. POWERS AND LIABILITIES OF SCHOOL DISTRICTS. 55. May sue and be sued 21 56. To purchase or sell real estate 21 57. Directors shall have no interest in property purchased 22 58. Real estate held in trui^t 22 59. Conveyance of real estate to school district by sur\iving trustees 22 60. Deeds, how executed 23 61. Suits by and against school districts 23 62. How summons must be made 23 63. Negligence 23 64. Statutory power of officers 24 65. Execution against school districts 24 66. Remedy 25 67. Special writ on execution 25 68. Return 25 69. When attachment is premature 25 70. Execution on judgment 25 71. Evidence for school district 26 72. Procedure on a judgment rendered by a justice of the peace or alderman against a school district 26 73. Record of certificate 26 74. Fee 27 75. Failure to comply with the act. Records and transcripts 27 CHAPTER IV. ELECTION OF DIRECTORS; FILLING OF VACANCIES. 76. Creation of school boards 28 77. Not municipal officers 29 78. Election of school directors. Term of office 29 TABLE OF CONTENTS, Continued vii PAGE 79. Petition. Increase of number of directors 29 80. Vacancies. Term 30 81. Election of school directors in boroughs not divided into wards 30 82. Election of school directors in boroughs not divided into wards 30 83. Designation on ballot 31 84. Vacancies 31 85. Directors elected under former laws 31 86. Appointment by the court 31 87. Borough school directors 32 88. Election of directors in independent districts 33 89. Election of directors for different terms. Use of " stickers ".. 33 90. Returns of election, how made 34 91. Contested elections, how decided 34 92. Filling vacancies at any election 34 93. Purpose of the act 35 94. When school board fills vacancy 35 95. Meaning of the word "otherwise" 35 96. Filling of vacancies by the board 35 97. Expiration of term of appointment 36 98. Written resignation 36 99. Decreasing the number of school directors to two 37 100. Election after such decrease '. 37 loi. How to decide tie vote 37 102. Duty of school board to act and determine a director's right to a seat when there is a tie vote 38 103. Women eligible to ofl&ce of school director 40 104. Legal residences 40 105. Vacancies without resignation 40 106. Adopting city charter 40 107. Title of school director 40 108. Directors exempt from serving in certain officer 41 109. Incompatibility of ofl&cers 41 no. School director can act as judge 41 CHAPTER V. ORGANIZATION OF BOARDS OF DIRECTORS AND CON- TROLLERS. OFFICERS AND DUTIES. 116. When board shall organize 43 117. Factional organization 43 118. Oath of office 45 119. Officers of the board 45 120. Business at meeting of organization 46 131. Election of secretary 46 122. How to determine the rights of rival candidates 46 123. Certificate of election 47 124. Commencement of term 47 125. When term expires 47 126. Duties of officers. The president 48 viii TABLE OF CONTENTS, Continued PAGE 127. Deeds and contracts 48 128. Orders 48 129. President cannot emplo)' teachers 48 130. President cannot employ attorney 48 131. President's duties at close of school year 49 132. President's liability 50 133. The secretary. Duties. Compensation 50 134. Names and addresses 50 135. Countersign 50 136. Monthly reports 51 137. End of the term 51 138. Last adjusted valuation 51 139. Duplicate 5^ 140. " Pennsylvania School Journal " 51 141. Deeds, contracts, etc 51 142. Required to sign orders 51 143. May receive a salary 52 144. No extra compensation 52 145. Treasurer cannot be secretary 52 146. Duty of secretary after annual appointment of teachers 52 147. The treasurer. Bond. Powers and duties 52 148. When to enter office 53 149. Payment of orders 53 150. Teachers' rights 53 151. Violation of duty of treasurer to purchase school orders 53 152. Orders on the treasurer 53 153. Executions. Manner of payment 53 154. Reappointment of treasurer 54 155. Settlement 54 156. Settlement by the auditors ■. 54 157. Treasurers' accounts in independent districts 54 158. Percentage 54 159. Liability of treasurer for failure to pay money to successor 54 160. Embezzlement 54 161. Annual settlement of treasurer 55 162. When settlemeiit is conclusive 55 163. Erroneous surcharge of treasurer. Remedy 55 164. Bank 55 165. Unlawful payment. When treasurer liable 55 166. No discretionary power of treasurer 55 167. Penalty for failure of treasurer to pay over funds 56 168. Power to remove treasurer 56 CHAPTER VI. MEETINGS. VACANCIES. APPOINTMENTS. 169. Meeting of directors and controllers 57 170. " Stated and regular meetings of boards " defined 57 171. School directors have power to declare vacancies and make appointments 58 TABLE OF CONTENTS, Continued ix PAGE 172. School directors sustained in removing absentees and appoint- ing others 58 173. Proceedings to ouster a director for absence. Meaning of ex- pressions ''to meet at the call of the president," "to adjourn to a time and place certain," and "special or adjourned meetings " 60 174. Procedure upon convening of board. 62 175. Quorum 62 176. Motions and resolutions 62 177. When no business can be transacted 63 178. Tie vote loses the question 63 179. Regular meeting 63 180. Special meeting of the board. By whom called 63 181. President and secretary pro tempore 63 182. To prevent delay 64 183. Directors' annual meeting. Compensation 64 1S4. When city treasurer becomes school treasurer 64 CHAPTER VII. POWER OF THE COURTS TO REMOVE DIRECTORS 185. Power of the court of quarter sessions to remove directors 65 186. Removal of whole board for failure to organize 65 187. Meaning of " so far as the means of the district will admit "... 66 188. Removal for failure to elect necessary teacher 67 189. Removal for non-performance of duties 67 190. Power of the court of common pleas to remove directors 67 191. Power of the court to grant a rule upon the directors 68 192. Intentions of the act 68 193. Power of the court to remove directors under the act of June 6, 1903 69 194. Attorney fees cannot be taxed as costs 72 CHAPTER VIII. DIRECTORS— CONTROLLERS TO ESTABLISH SCHOOLS. 195. Establish schools 74 196. Discretionary powers of directors 75 197. Right of children to attend school 75 19S. No race distinction 75 199. Children of charitable institutions 76 200. Residence of pupils 76 201. Mechanic arts. Athletics 77 202. Free kindergartens 77 203. Duty of school directors to visit schools 77 204. Annual report to county superintendent. 78 205. State appropriation forfeited 78 206. Power of directors and controllers to establish grades of schools.. 78 X TABLE OF CONTENTS, Continued PAGE 207. Regulation of grade and transfer 78 208. Deaf mute children. School board to open and maintain a special school for their education 79 209. Expenses paid out of school district funds 79 210. Indigent blind children. Expenses paid out of school funds.. 79 211. Extension of time 80 212. Homes for friendless children. Powers of trustees and mana- gers. May petition court 80 213. Contents of petition to court of common pleas 80 214. Order of court and duty of county commissioners 81 215. Court to appoint one-third of trustees and managers 81 216. Duties of treasurer 81 217. Duty of auditors 81 218. Admission of friendless children 82 219. Visitors of institutions 82 220. Acceptance of act and employment of teachers 82 221. Admission of orphan and friendless children to the public schools. Tuition 83 222. Children of soldiers 83 223. Children not to be employed under certain age 84 224. Employers' register and contents 84 225. Affidavit by parent or guardian 84 226. When affidavit by child 84 227. Cost of affidavit 84 22S. Qualifications of minors under sixteen. Exceptions 84 229. Teacher's certificate 85 CHAPTER IX. JOINT SCHOOLS. 230. Establishment of joint schools of adjoining townships 86 231. Building joint school house 86 232. Establishment of joint schools of parts of adjoining counties or townships 87 233. Joint meeting of boards of directors 87 234. School directors may provide transportation for children 87 235. When schools are closed by reason of small attendance 87 236. Application of the act 87 237. Cost of transportation 88 238. Expenses and tuition, how paid 88 239. Directors shall not be party to any contract 88 240. Purpose of act 88 241. Contract for transportation of children under act 1897 89 242. Attending school in adjoining districts 89 243. Discretionary power of school boards 89 244. Discretion of directors reviewable by the courts 91 245. Contract between districts 91 246. Payment of tuition by non-resident pupils 91 TABIvE OF CONTENTS, Continued xi CHAPTER X. PUBLIC HIGH SCHOOLS. PAGE 247. Public schools in cities or boroughs with a population of 5,000 or over. Powers of controllers and directors 92 248. They may establish a public high school. Admission 93 249. Supervision over teachers and pupils 93 250. Visitation 93 251. Branches to be taught and books used 93 252. Qualifications of teachers .' 93 253. Maximum length of term. Payment of expenses 94 254. Power to hold or convey real estate 94 255. Grounds and buildings 94 256. Site. How procured 94 257. Councils shall levy tax. Levying of tax in boroughs not di- vided into wards 96 258. May borrow money and issue bonds therefor 96 259. Public high school in any school district 97 260. Joint high schools 97 261. Grades of high schools ,. 97 262. Annual appropriation 97 263. Employment of teachers 98 264. Sworn statements to superintendent of public instruction 98 265. Supervision of high school 99 266. Approval of courses of study 99 267. Centralization of township schools and provision for township high schools. Definition of "centralization " 99 268. Petition and duty of school board 99 269. Elections and ballots.. 100 270. Issuing of bonds 100 271. Course of instruction and transportation of pupils 100 272. When children may attend high school in another district loi 273. Children may attend higher grades in other districts loi CHAPTER XI. EVENING SCHOOLS. 274. Establishment 103 275. Employ teachers 103 276. Qualifications of teachers 104 277. Expenses 104 278. Evening high schools may be established 104 279. Admittance 104 280. Procedure on refusal to establish evening high schools 104 281. When to take effect 105 282. Additional teachers 105 283. Petition for schools 105 284. Night schools for manual training of children 107 xii TABLE OF CONTENTS, Continued CHAPTER XII. SCHOOL DIRECTORS AND CONTROLLERS TO DIRECT STUDIES AND EXPEL PUPILS FOR MISCONDUCT. PAGE 285. Direct studies and select books ,. 108 286. Branches required to be taught 108 287. Optional as to other branches 108 288. Additional branches in cities of the second and third class 109 289. System of humane education 109 290. Experiments on living animals forbidden 109 291. Monthly reports 109 292. Physical culture 109 293. Duty of school directors, controllers and boards of education... no 294. Suspension and expulsion of pupils > no 295. Power of committee to investigate no 296. Teachers or school boards may expel pupils iii CHAPTER XIII. LIABILITY OF DIRECTORS AND CONTROLLERS — PAYMENT OF EXPENSES. 297. Payment of necessai-y expenses 115 298. Directors have no authority to pay a pupil's board 115 299. School orders or warrants are not negotiable 115 300. School boards not authorized to purchase drafts or commercial papers 115 301. School directors personall}' liable 116 M2. Liable for unlawful settlement with tax collectors 118 CHAPTER XIV. SCHOOL SITES. 303. Power of school directors or controllers to enter upon and occupy sufficient ground for school sites 119 304. Sites for school houses 120 305. Location of school houses 121 306. Review by the courts 122 307. Report of viewers 122 308. School board acquires no fee 123 309. Power to discontinue proceedings under act April 9, 1867 123 310. Certain land owned by county may be taken for educational purposes 123 311. Damages, how secured 123 312. Courtof quarter sessions to appoint viewers. Duties of viewers.. 124 313. Power of the school board to take public burial places 124 314. Courtof common pleas to appoint viewers. Duties of viewers.. 125 315. Appeal from report of viewers 126 316. Procedure ^27 TABLE OF CONTENTS, Continued xiii CHAPTER XV. SCHOOL HOUSES. PAGE 317. Buildings for school purposes 129 318. Purpose of plans and specifications of school houses 129 319. School houses 130 320. Lighting 130 321. Classrooms. Airspace 130 322. School boards may permit use of grounds for recreation pur- poses 130 323. Care and protection 131 324. May lease or permit use of grounds 131 325. Protection of school houses 131 326. Use of school houses for literary purposes 132 327. School boards may purchase United States flags 132 328. Fire escapes 132 329. Examination and approval of fire escapes 133 330. Criminal liability for neglect of duty 133 331. Water closets 134 332. Removal of directors for failure to comply with the require- ments . 134 333. Housesmust be separate 135 334. Duties of school directors and controllers to remove excrement and waste matter 135 335. Duty of the president 135 336. The duty imposed upon directors is mandatory 135 337. Powers of school board to contract for water supply. Term of contract 138 338. Payment of costs 138 339. Bills shall be audited 138 340. Power of school board to approve bond of contractors. ..'. 139 341. Void contracts ... 139 342. Authority of contract 139 343. Awarding contracts 139 344. Not required to take bids for heating 139 345. Unrecorded acts not void 140 CHx\PTER XVI. INDEBTEDNESS. 346. School board may borrow money 143 347. Amount of indebtedness limited by the constitution 143 348. No matter how small the excess over the constitutional limita- tion, the increase shall be restrained 144 349. Without an election, decree of court authorizing indebtedness over 2 per cent, is null and void 144 350. Not a violation of the constitution whereby adjusting indebt- edness between new and old district an indebtedness ex- ceeding 2 per cent, is charged against one 144 xiv TABLE OF CONTENTS, Continued PAGE 351. Resolution of school board to lay an annual tax for support of library not an increase of indebtedness under the constitu- tion 144 352. What the word " indebtedness" shall include 146 353. Calculating assets and liabilities to determine indebtedness.... 146 354. Statement of indebtedness to be published annually 147 355. Annual tax for the payment of interest and debt required by the constitution 147 356. Debt may be increased by vote. Manner of payment. State- ment 147 357. Provisions of the acts providing for an increase of indebted- ness must be strictly complied with 149 358. Statement must show " actual indebtedness " 149 359. Notice of election on question of increase. Statement. Elec- tion ... 150 j6o. Result of election. If for increase, tax to be levied for pay- ment 151 361. Act of April 18, 1895, limited increase of debt at any time to two per cent .' 152 362. Bonds niay be redeemed before or after maturity with consent of holders 152 363. Refunding and redemption of existing indebtedness incurred prior to April 28, 1875 153 364. Bonds issued since April 18, 1895, validated 154 365. Bona fide purchasers of school bonds or other securities. School district cannot deny statement to repudiate bonds ... 154 366. Where debt is lawful, though some provisions of the act 'are not complied with, court will protect innocent purchasers of bonds 155 367. Illegality of assessment does not invalidate bonds 155 368. Court of common pleas has authority to authorize debt under act of 1871 155 369. Power of the court of common pleas to adjust indebtedness 156 370. The act of 1871, above quoted, not repealed by the act of 1874.. 15^ 371. Court may appoint an examiner to take testimony where peti- tion is presented to borrow money 157 372. Issuing of bonds in pursuance of centralization 157 373. How to validate indebtedness created by school directors with- out assent of electors 158 374. Duties of corporate authorities. Notice 158 375. Election. Tickets. Time of holding. Expenses 159 376. Election to be governed by existing laws 159 377. When debt shall become valid. Tax to pay debt 160 378. Recall of bonds irregularly issued 160 379. Where act shall not apply 160 380. Adjustment of indebtedness where new districts are formed by the erection of boroughs out of townships ; where township has been merged into more than one borough, etc. Court, sitting in equity, to adjust and apportion indebtedness 161 381. Act of June 24, 1895, constitutional 162 TABLE OF CONTENTS, Continiied xv PAGE 382. Measure of value of school property in adjusting indebtedness.. 162 383. Court may pass upon the claims of third parties in adjusting indebtedness 162 384. Court may appoint auditor to report upon adjustment 163 385. Notice to persons to present claims. Failure to present, etc... 163 386. Court to make necessary rules for collection and payment of the adjusted indebtedness 164 387. Court may appoint receiver to whom money shall be^ paid. Duties of 164 388. How indebtedness and balance in the treasury shall be cred- ited 164 389. Costs, how paid 165 CHAPTER XVIL TAXATION. 390. Pennsylvania constitutional provision 168 391. School board to determine the amount of tax 168 392. Tax to be levied but once a year 168 393. Legal requirements as to determining tax 169 394. Tax levy. Time of making the levy 169 395. Resolutions and proceedings of the board should appear upon the minutes 170 396. No tax to be levied by directors, except by affirmative vote of a majority. Votes. Minutes 172 397. The courts demand a substantial compliance with all the pro- visions of the act 172 398. Amount of tax and kind of taxables 173 399. Amount of tax not to exceed the sum of state and county tax.. 173 400. County commissioners to furnish adjusted valuation , 174 401. School tax limited 174 402. Construction of 29th section of act May 8, 1854 174 403. School directors to levy a per capita tax of one dollar 175 404. Collection 175 405. Per capita tax to be in lieu of occupation tax 175 406. Occupation tax, per capita tax, implied repeal of statutes, acts 1862, 1897 175 407. Subjects not taxable... 176 408. Tax on trust property 177 409. Property held for use of minors residing in another state 177 410. Exonerations 177 411. Purposes for which ordinary school tax may be used 178 412. Surplus of ordinary school tax may be used for payment of debts for building purposes 178 413. Special tax for building purposes 179 414. Can only be levied when there is an ordinary tax levy 179 415. It must appear that tax was authorized and legal 180 xvi TABLE OF CONTENTS, Continued PAGE 416. Not to be levied during division of district 180 417. Ordinary tax and building tax to be kept separate 180 418. Special tax must be devoted solely to purposes for which au- thorized 181 419. Special levy, mandamus, act of 1833 181 420. Building tax cannot be diverted to ordinary school purposes... 181 421. Building tax cannot be levied for ordinary repairs 182 422. May be used to lease a building for school purposes 183 423. If excess tax be levied, collection will be enjoined 185 424. Misappropriation by directors will render them personally liable 186 425. Taxation for purposes of library 186 426. Cannot be levied to pay for purchase of library already pur- chased 1 86 427. Lien of taxes 187 428. When and how claims must be filed 187 429. Assessment of taxes, county commissioners to furnish copy of last adjusted valuation 187 430. Additional assessment, persons subsequently moving in dis- trict 188 431. Assessment in new districts 188 432. Assessment in independent districts j88 433. Fraudulent assessment a misdemeanor 189 434. Assessment in cities of the third class 1S9 435. Collection of taxes in boroughs and townships. Election of tax collector 189 436. Tax collector's bond. Renewal, act June 6, 1893 190 437. Vacancies, how filled 190 438. Filling vacancies under act July 2, 1895 19c 439. Collector to give bond and be sworn 191 440. When duplicate to be issued 191 441. Powers and liabilities of collectors 191 442. Book to be kept and subject to inspection 191 443. Public notice to be given, term of payment , 192 444. Collectors may levy upon goods for unpaid taxes, and imprison delinquent where no goods 192 445. Collector may sue delinquent for recovery of unpaid taxes 193 446. Days and times fixed for payment 193 447. Compensation of collectors 194 448. Exonerations 194 449. Collectors to make monthly statements and payments 194 450. Board of school directors and collector* shall meet together an- nually 195 451. Directors liable for unlawful settlement 195 452. Failure to make monthly statement and payment a misde- meanor 1 96 453. Collector to pay taxes collected to officers legally entitled 196 454. Misappropriation of tax fund embezzlement 196 455. Judgment against collector for amount due from him 197 456. Section 13, act April 11, 1862, not affected by act June 25, 1885.. 197 457- TABLE OF CONTENTS, Continued xvii PAGE Settlement of accounts by borough auditors 198 458. Suit on bond cannot be entered until after settlement by auditors 1 98 459. Suit on bond properly brought in assumpsit 198 460. Collector bound by auditor's settlement where he does not ap- peal 199 461. Taxes charged on unseated lands 199 462. Effect of repealing clause of act June 25, 1885 199 463. The act of June 25, 1885, does not repeal the act of 1854 199 464. The act of June 25, 1885, is constitutional 200 465. Collection of taxes in cities of the third class 200 466. Treasurer of cities of the third class, shall ex-officio be school treasurer 200 467. Levying taxes in cities of the third class 201 468. School taxes to be collected 201 CHAPTER XVIII. AUDITORS. 469. Auditors to settle annually the accounts of school treasurer. Appeal 202 470. Auditors in independent school districts 202 471. Duties 203 472. Compensation 203 473. Auditors to meet annually on first Monday of June 203 474. Presentation of claims 203 475. Powers of auditors to compel the attendance of witnesses 203 476. Two settlements of district accounts contemplated. Method as to treasurer's account 204 477. Auditors cannot control expenditures made by directors 204 478. Auditors to settle accounts of collector of taxes 204 479. Accounts of a tax collector or school treasurer not settled at the proper time may be settled by auditors of. subsequent year 204 480. School directors to furnish annual statement of account to auditors 205 481. Directors may be compelled to furnish statement to auditors .. 205 482. But they cannot be compelled to furnish statement of prede- cessors 206 483. Report of auditor. Auditors required to publish statement of accounts and file copy 206 484. Failure to take oath does not vacate oflSce 207 485. Penalty for neglect of duty 207 486. Compensation 207 487. Settlement of auditors conclusive unless appealed from 207 488. Appeal from settlement of auditors 208 489. Taxpayers may appeal from auditors' report 208 490. Exceptions allowed to rulings of the court in pending appeals.. 209 xviii TABLE OF CONTENTS, Continued CHAPTER XIX. DISTRICT SCHOOIv LIBRARIES. PAGE 491. Establishment of district libraries. Directors to select school houses and provide cases 210 492. School boards to receive money. Purchase of books. Annual accounts 211 493. Title. Larceny of books, etc. Punishment 211 494. Use of books regulated. Liability for lost books 212 495. Rules and regulations to be established 212 496. Librarian. Settlement 212 497. Duties of directors. Selection of books 213 498. Use of books, who entitled to use 213 499. Legal possession. Ownership 214 500. Gifts and bequests 214 501. The several school districts of the Commonwealth, except cities of the first and second class, may establish and maintain a free public library 214 502. Use of school houses 215 503. Taxation for free public libraries 215 504. Gifts and endowments for library ?I5 505. Repeal 216 506. Distribution of library 216 507. School boards may take private property for public library purposes 216 508. Damages. Viewers. Notice of meeting 217 509. Duty of viewers. Report to court. Judgments 217 510. Appeal from award of viewers. Trial by jury 218 511. Notices 218 512. Compensation of viewers 218 513. School directors may extend aid to libraries already estab- lished. Taxes 219 514. Manager's annual report. Accounts to be audited 219 515. Adjoining townships may establish libraries. Aid to existing library. Agreement. Tax levy 219 516. Annual report. Audit of account 220 517. Borough councils may aid free public libraries 220 518. Appropriation, limit 221 519. Library trustees, powers and duties. Election 221 520. When election of trustees may be dispensed with 221 521. Supervision of libraries 222 522. Adjoining school districts may join in establishing and main- taining free public libraries, or join in aiding those other- wise established 222 TABLE OF CONTENTS, Continued xix CHAPTER XX. SCHOOL TERM. PAGE 523. School term 223 524. Days for improvement of teachers 223 525. President of board to certify the whole number of months the schools have been kept open and in operation 224 526. School month 224 527. Legal holidays 225 528. Teaching on legal holidays forbidden 225 CHAPTER XXI. COMPULSORY ATTENDANCE. 529. Duty of parents, guardians, etc. Attendance. When school boards may excuse 227 530. Application of the act 228 531. To what children act shall apply 228 532. Report of employers 228 533. Neglect of duty a misdemeanor 229 534. Notice to parent ., 229 535. Disposition of fines 230 536. Power of attendance officers 230 537. Disposition of truants 230 538. Compensation of officers 231 539. Boards may establish special schools 231 540. Proceedings against truants for disorderl)"^ conduct 231 541. Assessors to make a list of children, etc 232 542. Report of teacher 233 543. Refusal or neglect of officers 233 544. Portion of appropriation may be withheld 234 545. Parents may appoint governess or private teachers without cer- tificate and not violate the provisions of the act of July 11, 1901, known as the compulsory school law 234 546. District assessor 237 CHAPTER XXII. POWER OF THE COURTS OF QUARTER SESSIONS OVER CHIL- DREN UNDER SIXTEEN YEARS OF AGE. 547. Preamble of act defining the powers of courts of quarter ses- sions with reference to care and control of children under age of sixteen years 238 548. Jurisdiction of courts of quarter sessions 239 XX TABLE OF CONTENTS, Continued PAGE 549. "Dependent child, " " neglected child, " "incorrigible child," and "delinquent child " defined 239 550. Juvenile court. Sessions. Records. Assignment of judge ... 239 551. Powers of the courts may be exercised upon petition 240 552. Certificate of magistrate or justice of the peace 240 553. Certificate of the district attorney , 240 554. Action of the judge 240 555. Powers of the judge. Custody and control of the child 240 556. Appointment of probation officei's. Duties 241 557. Commitment of child. Order on parents or guardians 241 558. Discharge from reformatory institutions. Record 242 559. Guardianship. Legal adoption. Guardianship not to include estate 242 560. Care of the child 242 561. Unlawful to confine child in jail, police station 242 562. Limit of commitment 243 563. Religious belief 243 564. Approved family home 243 565. Commitment of delinquent child under the age of twelve j-ears.. 244 566. Trials upon indictment 244 CHAPTER XXIII. TEACHERS. 567. Qualifications 246 568. Teachers to be examined in physiology and hygiene 246 569. Examination in physical culture 246 570. Humane education 246 571. Provisional certificate. To whom granted 247 572. Professional certificate. To whom granted 247 573. Renewal 247 574. Permanent certificate. To whom granted. Authority to annul.. 248 575. Examination for permanent certificate 248 576. Permanent certificates issued on recommendation of commit- tee elected by county institute. Exceptions 249 577. Election of certain grades of teachers for two or three years. Dismissal 249 578. School board of a township may employ teachers for the term of three years under act of June 25, 1885 250 579. Permanent state teachers' certificate. To whom granted 252 580. Form of application. Power of superintendent of public in- struction to annul permanent state teachers' certificates 252 581. Granting of permanent state teachers' certificates to college graduates 253 582. Interstate comity 254 583. Limitation of the provisions of the act 255 584. Annulment 255 TABLE OF CONTENTS, Continued xxi PAGE 585. Duty of teacher to make monthly report 255 586. Power of directors over teachers 255 587. When teachers' contracts are valid 256 588. Substantial compliance 256 589. President and secretary cannot make contract 257 590. Directois cannot elect teachers by secret ballot 257 591. Duty of school directors. To record the vote in employing school teachers 259 592. School boards should not exclude women because of their sex.. 261 593. Teachers of stenography and typewriting 262 594. Right of patrons to petition for or against the appointment of a teacher 262 595. Minimiim salary of school teacher 263 596. Dismissal of teacher for immorality. Accused entitled to be heard 263 597. Dismissal of teacher for incompetency 264 598. Dismissal of teacher for refusing to be vaccinated 264 599. Teachers may be dismissed for insubordination and disobe- dience 266 600. Liability of school directors for the dismissal of a teacher 266 601. Power of school board to pass upon the charge of cruelty of a teacher 267 602. Teachers have the right to use corporal punishment 268 603. Government of schools. Corporal punishment 272 604. Offenses out of school 274 605. Quo warranto 275 CHAPTER XXIV. SECTARIANISM. 606. Appearances of sectarianism 276 607. Wearing of any religious dress or emblem prohibited 276 608. Penalties for violation of provisions of this act 276 609. Use of school houses 277 610. Reading of the Holy Scriptures is not sectarian instruction 277 CHAPTER XXV. PUBLIC HEALTH ACTS. 611. Certain children not allowed to attend school in the several . municipalities of this Commonwealth 286 612. Period of exclusion. Purpose of physician's certificate 287 613. Duty of principal of schools 287 614. Right of teachers to exclude pupils for failure to be vaccinated.. 287 xxii TABLE OF CONTENTS Continued. PAGE 615. Physician's certificate of vaccination or small-pox nder Sec. 12, Act of June 18, 1895 288 616. Pupils must present certificate of vaccination 289 617. Registry 294 618. Duty of health officers 294 619. Penalty 295 620. Fine and imprisonment 295 621. Act includes townships 295 622. The Act of June 18, 1895, P. I,. 203, is a valid exercise of the police power of the state 295 623. Township school board to exercise the power of board of health. Power to make rules and regulations 300 624. Abatement of nuisances 300 625. Sanitary agent 300 626. Duties of school directors 301 627. School directors may be c ompelled to organize as a board of health 302 628. Right of school directors to exclude pupils for failure to be vaccinated 302 629. School district not liable for the employment of a physician by the school board under Act of 1899 305 630. Conflicting opinions as to the liability of school district under Act of 1899 307 631. L/iability of borough for expenses incurred by the local board of health in employing a physician to vaccinate school chil- dren. Opinion by Hampton L. Carson, Attorney General... 308 632. School board should adopt rules 311 633. Appointment of sanitary agent 312 634. Sanitary regulations of school or college buildings 313 635. School directors, trustees and others having control of school buildings to adopt a method of disinfection 313 636. Duty to disinfect 313 637. Approval of method by board of health 314 638. Not to interfere with school session 313 639. Portion of appropriation for expenses 314 640 Fine for neglect 314 CHAPTER XXVI. TEACHERS' INSTITUTES. 641. Teachers' county institute. Organization 315 642. Report of county superintendent on attendance 315 643. Contribution from county treasurer to county institute 316 644. Penalty of teachers for non-attendance 316 645. Teacher's compensation for attending institute 316 646. School district liable for teacher's compensation 317 647. Compensation not to exceed two dollars per diem 317 TABLE OF CONTENTS Continued. xxiii PAGE 648. Pay of teachers while attending institute under Act"of 1S87... 3x7 649. Institute accounts 318 650. Superintendent's report on adjournment to superintendent of Common schools 318 651. Superintendent's report to school directors 318 652. City and borough teacher's institute 319 653. City or borough superintendent may call a teachers' institute.. 319 654. Committee on permanent certificates 319 655. Time for holding city teachers' institute 319 CHAPTER XXVII. TEXT BOOKS AND SCHOOL SUPPLIEvS. 656. Series of school books, when and how selected 320 657. Books for blind children ^20 658. Legal requirements to purchase text books 321 659. Meeting of teachers and directors 321 660. Time of joint meeting 221 661. Notice to teachers ^22 662. Notice and meeting of directors ^22 663. Object of teachers' meeting with the board 322 664. Purchase of text books and supplies 323 665. Use of text books during vacation 323 666. Change of text books 223 667. Penalty 323 668. Change of text books in certain cities 324 669. Price list of books to be furnished and adopted 324 670. Awarding of contracts ^24 671. Penalty for violation of act. Act to be accepted 325 672. Restraining purchase of school books ^25 673. Who cannot act as agents for the sale of school books 326 674. No pecuniary interest 326 675. Separate accounts 326 CHAPTER XXVIII CITY AND BOROUGH SUPERINTENDENTS AND SUPERVISING PRINCIPALS. 676. Cities and boroughs having certain population may elect superintendent 327 677. Certificate of election. Commission 328 678. Duties of Superintendent 328 679. Make annual report and attend meetings 329 680. Supervising principal of schools in townships of over 4,000 in- habitants. 329 xxivt TABLE OF CONTENTS, Continued. PAGE 68i. Duties of principals 329 682, Cit}' or borough superintendent not subject to authoritj' of county superintendent 326 CHAPTER XXIX. COUNTY SUPERINTENDENT. 683. Creation of office 331 684. Election of county superintendent 332 685. Majority of whole number present necessary to an election 332 686. Oath of office 332 687. Notice of election for county superintendent 333 688. Duty of president and secretary of convention 333 689. Contested elections 334 690. To what objections must be made 334 691. Salary of county superintendent 334 692. How paid 335 693. Vacancies. How filled 335 694. Qualifications of county superintendent 335 695. Test of qualification 336 696. Serving as county, city or borough superintendent not an ab- solute test 337 697. Superintendent of public instruction required to issue a com- mission to teachers who hold a professional certificate, when elected as county, city or borough superintendent 338 698. Eligibilit}^ of county, city or borough superintendent 330 699. Branches to be taught 349 700. Examination of teachers 340 701. Superintendent required to examine teachers 341 702. Countersigning teachers' certificate 342 703. When certificate may be annulled 344 704. Legal requirements to remove a teacher on "Ten Days' Notice " 344 705. When certificate v/ill not be granted 346 706. Power of superintendent under the act 346 707. County siiperintendent's report on instruction of physiology and hygiene 349 708. School board must provide competent teachers. When state appropriation withheld or forfeited 350 709. Duties of visiting schools 351 710. No authority to teach for compensation 351 711. School directors' expenses paid to triennal convention 351 712. Misdemeanor for any candidate to pay directors' expenses to convention 352 713. County commissioners to furnish office for county superin- tendent 352 714. Power to remove county superintendent 352 715. County superintendent removed for neglect of duty and TABLE OF CC NTENTS, Continued. f xxv i PAGE incompetency 352 716. Duty of county superintendent to call together all the direc- tors for certain purposes 354 CHAPTER XXX. SUPERINTENDENT OF PUBLIC INSTRUCTION. 717. State superintendent of common schools to be appointed. Creation of office 355 718. Superintendent of public instruction 355 719. Title and term of office. Pennsylvania Constitution 356 720. Vacancies 356 721. Filling vacancy in office of superintendent of public instruc- tion 356 722. Security. Powers and duties 357 723. To settle controversies 357 724. Dut}' to give information relative to schools laws 357 725. Superintendent to sign orders for state appropriation 357 726. Duty to prepare and forward blank forms 358 727. Annual report to the legislature 358 728. Duty to provide a seal and appoint clerks 358 729. Power to remove county superintendents 358 730. County commissioners to report the number of taxables 359 731. Effect of commissioners' neglect of duty 359 732. Errors 359 733. Superintedent to employ lecturers and instructors at summer assemblies 359 734. Superintendent authorized to employ stenographer. Salary... 360 735' Certain documents to be placed in each public school 360 736. Copies for distribution 360 CHAPTER XXXI. STATE APPROPRIATION. 737. One-third on number of paid teachers 361 738. One-third on number of children of school age 361 739. One-third on number of taxables 362 740. Certify to superintendents '. 362 741. Duty of assessors 362 742. Blanks prepared 363 743. Enumeration and enrollment 363 744. Assessors 363 745. Blanks 363 746. Repeal 364 747. Basisof distribution by taxables 364 xxvi TABLE OF CONTENTS, Continued. PAGF, 748. Failure to forward certificate 364 749. Errors, how corrected 364 750. When new district is formed, number of taxables therein and in the old districts, to be certified 365 751. Non-accepting districts which have put schools in operation to be entitled to back appropriations 365 752. Additional state appropriation 365 753. State appropriations to districts formed after triennial assess- ment 366 754. Basis of distribution 366 755. When warrant shall issue for state appropriation 366 756. Appropriation to township high schools 367 CHAPTER XXXII. COMMON SCHOOL EDUCATION IN CITIES OF THE FIRST CLASS page; 757. Board of public education. Appointment and term 368 758. Vacancies. Eligibility 369 759. Oath of office 369 760. Organization 369 761. Duties of board of education r 369 762. School boards. Election. Term 369 763. Proviso 370 764. Eligibility. Oath 370 765. Vacancies 370 766. Duties and powers of school boards 370 767. Report. Organization 371 768. Secretaries 371 769. Agents 371 770. Superintendent of schools and district superintendent 371 771. Qualifications of applicants 372 772. License or certificate 372 773. Eligible lists. Appointment 372 774- Proviso 373 775. Teachers' retirement fund 373 776. Superintendent of buildings 373 777. Deputies 374 778. Janitors 374 779. Superintendent of .supplies. Assistants 374 780. Appropriation for school purposes. Expenditures 374 781. The board to be a corporation. Titles 375 782. Powers, rights, etc 375 783. Cities may establish institutions for scientific and educational instruction. Acquisition of property. Trustees 376 784. Public health 376 785. Rules and regulations 376 786. Publicity 377 787. Election of teachers 377 TABLE OF CONTENTS, Continued. xxvii CHAPTER XXXIII. COMMON SCHOOL EDUCATION IN CITIES OF THE SECOND CLASS. PAGE 788. Members of school boards forbidden to hold any office of emolument or to be employed by school boards 379 789. Repeal 379 790. Power of directors of sub-school districts 379 791. Repeal 380 792. Mechanic arts 380 793. Change of text books restricted in cities of second class 380 794. Cities may establish institutions for scientific and educational instruction. Acquisition of property. Trustees 380 CHAPTER XXXIV. COMMON SCHOOL EDUCATION IN CITIES OF THE THIRD CLASS 795. Classification of cities 381 796. Cities of the third class to constitute a separate school district 383 797. Powers of controllers 383 798. Election of controllers. Terms 383 799. Vacancies, how filled 384 800. Annual organization of board. Officers 384 801. Vacancies in offices of board 384 802. Salary of the secretary 384 803. Bond of secretary. Amount. Condition 384 804. Election of two controllers for the same term 384 805. Vacancies for unexpired terms 385 806. For whom electors shall vote. Tickets to designate term 385 807. Cases of two or more vacancies 385 808. Proviso. Election of controllers in cities of fifteen or more wards , 385 809. Proviso. Act not applicable in certain respects to cities of the third class constituting one school district 385 810. Directors may retain old laws governing them upon certain conditions. Certificate of non-acceptance to be filed 386 811. Proviso. Boards may accept provisions of the Act of June 16, 1891, P. L. 306 386 812. Effect of the Act June 16, 1891, as to repeal 386 813. Members of school boards prohibited from holding the office of secretary thereof 386 814. Wilfully drawing warrant for payment of persons emplo3'ed contrary to the act, declared a misdemeanor 387 815. Oath of controllers. Form of oath. Copy to be filed 387 816. Controllers may administer oath to each other 3S8 817. Secretary to qualify president 388 818. School treasurer ^88 xxviii TABLE OF CONTENTS, Continued. PAGE 819. Separate office of school treasurer in cities of the third class was not aVjolished by Act of May 23, 1874. Additional com- pensation 388 820. City treasurers shall be the collectors of all the city, school and poll taxes 389 821. Mechanic art schools. Athletics 389 822. Change of text books restricted in cities of the third class 389 823 . School taxes. To be levied on cit)' assessment 390 824. Certification of assessment to board 390 825. Repeal 390 S26. Cities may establish institutions for scientific and educational instruction. Acquisition of property. Trustees 390 827. ySinking fund for payment of debt 390 CHAPTER XXXV. STATE NORMA . SCHOOLS. PAGE 82S. Normal school districts 393 829. Thirteenth normal school district erected 394 830. Establishment of normal schools 394 831. Management of normal schools by board of trustees. Votes... 395 832. Power of boards of trustees to receive, hold and use real and personal estate. 395 833. Trustees to make annual reports. Visitation 395 834. Suitable buildings and other requisites of such schools 396 835. Hall, lodging rooms and refectories 396 836. Library for use of students : 397 837. Professors 397 838. Principal 397 839. Course of study 397 840. Model schools 398 841. Qualifications for admission 398 842. Text books 398 843. Students admitted t ) schools on school district account. Ex- amination 398 844. Compensation from other students 399 845. When pupils from school district maybe instructed in normal schools. Payment of expenses. Action to be entered upon the minutes 399 846. Admission of teachers from common schools 4JO 847. Examinations of graduating classes. Board of Examiners. Appointment of board 400 848. Appropriation for expenses of board of examiners 400 849. Manner of holding examinations 400 850. Power to expel students attending school on district account .. 401 851. Examination of schools desiring to be admitted to the privi- leges of normal schools 401 TABLE OF CONTENTS, Continued. xxix PAGE 852. Proceedings where two or more schools make application. Visitation 402 853. Examination of candidates for graduation. Certificates of scholarship 402 854. Certificates. Effect thereof 403 855. When additional certificate maybe granted 403 856. When certificates of graduation shall be issued. Proof re- quired 403 857. Normal school second diploma 4^4 858. Number of voles necessary to obtain a certificate or to graduate 4^4 859., Provisional certificates. Degree of scholarship 405 S60. Duty of students who graduate on district account 405 861. Duty of superintendent 4^5 862. When normal schools shall go into operation 406 863. Requisites for the establishment of a normal school. Exami- nations 406 864. State trustees. Appointment 407 865. State appropriation 4°? 866. Allowance to students who agree to teach in the common schools 407 S67. Instruction of pupils drawing an allowance 408 868. Allowance of fifty dollars to certain graduates of normal schools 408 S69. Graduates under seventeen years old not entitled to fifty dol- lar allowance 408 870. Trustees and their powers. Election and appointment 408 871. Elections of trustees by contributors or stockholders^ 409 872. State trustees. Nomination and appointment 409 873. First election and appointment 409 874. Quorum 409 875. Powers and privileges of the two classes of trustees.... 410 876. Meeting of board of trustees. Majority of trustees requisite to pass motions 410 877. Distribution of state appropriation 410 878. Limitation of indebtedness, 411 879. Bonded indebtedness may be refunded. Increase of mort- gage. Statement to auditor generaL 411 880. Execution of bonds and mortgages 411 581. Priority of lien. Exemption from tax 412 582. No power to mortgage without special statutory authority 412 583. Normal schools subject to mechanics' liens 412 884. Condemnation of real estate. Enlargement of *chool,'grounds. Bond 412 885. Petition- Appointment of viewers 413 886. Viewers to be sworn 413 887- The view. Estimate of damages. Report 413 888. Compensation of viewers 414 889. Appeal from report or viewers.. 414 S90. Costs. By whom paid. I414 XXX TABLE OF CONTENTS, Continued. PAGE. 891. Eminent domain. Entension of corporate privileges 414 892. Officers of institutions receiving state aid shall not sell or fur- nish supplies. Misdemeanor. Fine and penalty 418 893. Manager or trustee of an institution receiving state aid forbid- den to sell or furnish supplies to students 418 894. State may purchase real estate of normal school in certain cases 895. Return of sale to be made to auditor general 421 896. Appropriation to pay purchase money 421 897. Insurance money to be held in trust 421 898. Insurance money to be used for repairing and rebuilding 421 CHAPTER XXXVI. SCHOOL FOR CORN PLANTER INDIANS. 899. Preambles 423 900. Appropriation for schools among Cornplanter Indians 423 901. Provision for the erection, furnishing and equipment of school house on Cornplanter Indian lands. Preambles 424 902. Commission to be appointed by governor 424 903. Plans for the erection of a school building 425 904. Contract 425 CHAPTER XXXVII. MISCELLANEOUS. 905. Appointment of trustee of property conveyed by academy to common school district 426 906. Duties of trustee 427 907. Bond of trustee 427 908. Account 428 909. Removal of trustee 428 910. Independent school districts 428 911. Independent school districts abolished 428 912. When act to take effect. Proceedings to continue independ- ent school districts 429 913. How rights of property are to be determined. Notice 429 914. Notice 429 915. Report of commissioners 430 916. In reporting a new district, the commissioners should annex a draft 430 917. Duties of assessors 43T 918. Election of school directors in independent districts 431 919. How independent school districts maybe formed 432 920. Proceedings upon erection of new independent school dis- tricts 432 TABLE OF CONTENTS, Continued. xxxi PAGE. 921. Duties of county commissioners 433 922. Construction of Act May 8, 1S55, P- L. 509. Court may vacate decree erecting independent school district 434 923. When certain independent school districts created by courts of common pleas may be abolished 434 924. When other independent school districts may be abolished. Disposition of property 435 925. Elections in independent school districts regulated 435 926. Abolition of independent school districts created by the courts of quarter sessions 436 927. Reversion of property 436 928. Application of Act of April 22, 1903, P. L,. 237 437 929. Repeal 437 930. Against formation of independent school districts 437 931. L/iquor license money payable to school districts 437 932. Penalties recovered for trespass upon private property to be paid to the school fund 438 933. Fine and penalty 438 934. Penalties payable to the school fund 438 CHAPTER XXXVIII. FORMS. 936. Agreement between teacher and directors 339 937. Form of annual statement of district accounts 440 938. Order of district treasurer 442 939. Bond for treasurer of school district 442 940. Bond of collector of school tax 443 941. Oath of collector of school tax 444 942. Warrant to collector of school tax 444 943. Certificate by collector to county comm.issioners of unpaid school tax on unseated lands 445 944. Certificate to prothonotary of unpaid balance 446 945. Petition for appointment of sanitary agent under act of April II, 1899, P. L,. 38 446 946. Decree 447 947. Notice of convention of school directors for election of county superintendent 448 948. Petition for removal of school directors. Act May 8, 1854, Sec. 9, P. L. 617. Act April 22, 1863, Sec. 9. See Chap. VII. Sec. 185 448 949. Petition to appoint inspector of school accommodation. Act June 6, 1893, P. L. 330 449 950. Petition for removal of school directors. Act May 8, 1854, Sec. 9, P. Iv. 617. SeeChap. VII. Sec. 185 450 951. Application for state normal diploma 451 952. Form of practical teacher's state certificate 452 953. Lease of house and lot to school district 454 xxxii TABLE OF CONTENTS, Continued. PAGE. 954. Deed to school district 454 955. Bond of school district for damages for appropriation of lands... 455 956. Apprenticeship of child by public charitable institution. Act May 25, 1878, P. I,. 152 456 957. General form of complaint or information 457 958. Physician's certificate of vaccination 458 959. Teacher's attendance report 458 960. Secretary's official notice of absence to parent or guardian 459 961. Secretary's report to the principal or teacher 459 962. Summons on parent or guardian 460 963. Service of summons ,... 461 964. Petition to assess damages for a school house lot. Act April 9, 1867, P. I,. 51 461 PART I. Fourth Class School District. CHAPTER I. COMMON SCHOOL DISTRICTS. PAGE 1. Creation of i 2. Every township, borough and city a school district 2 3. Shall elect assessors 2 4. Consolidated districts. Powers of controllers 3 5., Terms of directors elected. Courts may increase number to three for each ward. 4 6. Independent districts. Creation of 4 7. When districts become independent. Powers of new board 5 8. Collection of taxes 5 9. Against formation 5 10. How to abolish independent districts 5 11. Abolish whole districts 5 12. Classification of school districts 6 13. P'irst class 6 14. Second class 6 15. Third class 6 16. Fourth class 6 17. Population of different classes of cities. First class 6 18. Second class 6 19. T h i rd class 6 Creation of. I. The public school system of this state is a creature of the state constitution and the laws passed pursuant to its directions. Mr. Justice Brown says : — " By the constitution of 1790 the people of this counnon wealth imposed upon the legislature the positive duty of establishing schools through- out the State for the free education of the poor. The con- stitutional provision was : — " The legislature shall, as soon as conveniently may be, provide, by law, for the establish- ment of schools throughout the state, in such manner that the poor may be taught gratis." In carrying out this man- datory direction, the act of March 3rd, 1818, P. L. 124, was passed, entitled " An act to provide for the education of children at public expense within the city and county of Philadelphia." With constantly increasing interest in the education of the young, tlie legislature, in reflecting public sentiment, from time to time provided for public schools, 2 COMMON SCHOOL LAW created school districts, and, finally, by the act of May 8th, 1854, P. L. 617, established a system of common school education for all the counties of the commonwealth. What was first a constitutional requirement, that the legislature should establish schools for the education of the poor"gratis," in time became a universal demand for free education for all classes, and, for years, to thousands of the children of the rich as well as the poor, common schools have been the only colleges. By our present constitution the legislature is to provide for the education of all the children of the commonwealth through "a thorough and efficient system of public schools." A review of constitutional provisions and legislative enactments clearly shows that the state has regarded the education of its children as one of its duties and functions, the performance of which it has as yet dele- gated to no municipality. Though by the act of 1854 every township, borough and city of the commonwealth is made a separate school district, its affairs are not managed by the township or municipal authorities, but by boards of school directors or controllers elected for that purpose.' Every township, borough and city a school district. 2. A system of common school education be, and the same is hereby deemed, held and taken to be adopted, ac- cording to the provisions of this act, in all the counties of this Commonwealth ; and every township, borough and city of this Commonwealth, or which shall hereafter be erected, shall constitute and be a school district, subject to the provisions of this act.^ Shall elect assessors. 3. All boroughs and townships now connected in the assessment of county rates and levies, shall hereafter be separate and independent of each other in the assessment of said rates and levies, and for school purposes ; and the respec- tive townships and boroughs so separated shall elect their own assessors and other officers, whose duty it shall be to 1 Board of Public Education vs. Ransley, 209 Pa. 51, 1904. 2 Act May 8th, 1854, sec. i, P. L. 617. COMMON SCHOOL DISTRICTS - 3 exercise the same powers and authority as are now exer- cised by township assessors generally, and the discharge of their duties in relation to the assessment of county rates and levies.3 Consolidated districts. Powers of controllers. 4. School districts which are composed of cities or bor- oughs, divided into wards for school purposes, at the time of the passage of this act, shall be constituted as follows, to wit: each ward shall retain its school property, both real and personal, and elect a separate board of directors, who shall exercise in their respective limits all the powers and duties of school directors, as regards the erection or repairing of school houses, and the purchasing, renting or selling of school houses and lots, and shall also levy, assess, collect and disburse in and upon their respective wards, all taxes rendered necessary to the proper exercise of the foregoing powers; but all other powers and duties pertaining to school directors, which are conferred or enjoined by this act, shall be exercised in such city or borough by a board of con- trollers composed of the directors of the several wards, who are hereby authorized and required to perform all the duties belonging to boards of directors in single districts, with the exception contained in this section: provided, that when- ever all the boards of directors in any such city or borough shall voluntarily execute deeds of conveyance to the board of controllers for all the school property belonging to their respective wards, and shall certify the same to the superin- tendent of common schools, then and in that case, such city or borough shall thereafter compose a single school district, in the same manner as districts not divided into wards — but the number of directors thereafter elected in such city or borough shall be three for each ward/ Terms of directors elected. Courts may increase number to three for each ward. 5. When said report shall have been confirmed by the court, it shall at the same time decree the election of an 3 Act May 8th, 1855, sec. 10, P. L,. 511. 4 Act May 8th, 1854, sec. 2, P. L. 617. 4 COMMON SCHOOL LAW equal niiinber of councilman and school directors in each of the wards, in such a manner as not to interfere with the terms of those heretofore elected. And the said court may, after having once fixed the number of councilmen and school directors, increase the same, on petition of citizens of any such borough, to' any number not exceeding three for each ward, and at the next succeeding municipal election thereafter the nurn'oer of councilmen and school directors, so as aforesaid fixed, shall be elected as is provided for by existing laws.'' Independent districts. Creation of. 6. Upon petition of not less than twenty taxable inhab- itants of any township or townships, desiring the formation of a territory upon which they reside, into a separate and independent common school district, and setting forth the bounds of such proposed district, the court of quarter ses- sions of the proper countv shall appoint commissioners to view the premises and report to the court, at its next term, the lines of the proposed new district, either according to the bounds set forth in the petition, or to such other bounds as they shall think more advisable, together with their opinion on the expediency of establishing or not establish- ing the same ; the proceedings upon which petition com- mission and report, and the final disposition thereof shall, in all other respects, be according to the act of assembly now in force, relative to the erection of new townships : Provided, that if said proceedings result in the establishment of a new common school district, the cost of the commission and the office fees shall be paid by the said new district, but if otherwise, said costs and fees shall be paid by the peti- tioners themselves.^ When districts become independent. Powers of new board. 7. When a new district shall hereafter be formed, such district shall not be considered and recognized as a separate 5 Act May 13th, 1889, sec. i, P. L- 193. 6 Act May 8th, 1855, sec. 5, P. L. 509. COMMON SCHOOL DISTRICTS 5 and independent school district, until after the termination of the current school year in which it became a new district, and until it have a full board of directors, reg-ularly elected or appointed, and organized ; except that the directors thereof shall have authority to levy, assess and collect tax, procure school houses, and do all other acts necessary to the commencement of the schools for the ensuing year.7 Collection of taxes. 8. It is held that the township collector of taxes is, under the act June 25, 1885, to collect the school tax in an independent school district within the limits of the town- ship.*^ Against formation. 9. The policy of the law is against the formation of the district. Courts will not create them excepting where the necessity for it appears clearly and affirmatively from the facts in the case.^ How to abolish independent districts. 10. In all cases where an independent school district has been created it shall be lawful for the courts of quarter sessions of the county in which such independent district is located, upon application to said court of a majority of the taxable citizens resident within the limits of such inde- pendent school district, by petition, setting forth that they desire the abolition of said district, to hear and determine the application upon its merits ; and if deemed expedient, the said court shall discontinue the said independent dis- trict.'° Abolish whole district. 11. Judge Mestrezat said : "The application to abol- ish an independent district must be made to discontinue the whole and not a part of the district.'"' 7. Act May Sth, 1854, sec. 3, P. L,. 617. 8. Bittincr vs. Commonwealth, 20 W. N. C. 178, 1887. 9. School District Hatfield Township, 43 Leg. Int. 277, 1.S85. School District Marcy Township, 5 Kulp 64, 1S8S. Independent School District, 5 Del. 16, 1892. Watkins Township School District, 70 Pa. no, 1871. 10. Act May 22,1903, Sec. i, P. L. 237. 11. Lagrange Independent School District, 7 D. R. 719, 1898. 6 COMMON SCHOOL LAW Classification of school districts. 12. The school districts of the commonwealth of Penn- sylvania are divided into four classes, as follows, namely : — First class. 13. Every city of the first class shall constitute a sepa- rate school district, which shall be known and designated as a school district of the first class. Second class. 14. Every city of the second class shall constitute a separate school district, which shall be known and desig- nated as a school district of the second class. Third class. 15. Every city of the third class shall constitute a separate school district, w^hich shall be known and desig- nated as a school district of the third class. Fourth class. 16. Every other school district, as such school district now exists or shall hereafter be created, shall constitute a school district of the fourth class. '^ Population of different classes of cities. First class. 17. Those containing a population of one million or over shall constitute the first class. Second class. 18. Those containing a population of one hundred thousand and under one million, shall constitute the second class. Third class. 19. Those containing a population under one hundred thousand, shall constitute the third class. '^ 12. Act April 22nd, 1905. P. L. 272. 13. Act June 25th, 1895, Sec. i, P.L. 275. CHAPTER II. CHANGES IN SCHOOL DISTRICTS. PAGE 20. When alteration or abolition takes place 7 21. Apportionment of existing debt 8 22. Cutting borough out of township 8 23. District municipal corporation 9 24. Board of health 9 25. When cutting boroughs out of townships does not create new 9 school districts 26. Division of property upon formation of new districts 10 27. Act of 1862 is a remedial law 11 28. Division of property 11 29. Division of state appropriation II 30. Division of property upon the enlargement of school districts 11 31. Annexation of land 12 32. Purpose of act 13 33. Contents of petition 13 34. Report of viewers 13 35. When court maj' set aside decree 13 36. Proper proceedings 14 37. Territory becomes part of new district 14 38. Merger of township. Rights and liabilities 14 39. Certification of new districts 15 40. Tax cannot be levied while proceedings are pending 15 41. Duty of commissioners 15 42. Borough school districts 16 43. Constitution 16 44. Due compensation 16 45. Court shall adjust and apportion indebtedness 16 46. Trial l>y jury 18 47. No authority in new district 18 48. Notice to persons having claims against the district ]8 49. Rules for collection and payment 18 50. Court may appoint receiver. Duty of receiver 19 51. How indebtedness shall be credited. How balance shall be credited 19 52. Enforcement of orders and decrees ig 53. When township is merged into one borough 20 When alteration or abolition takes place. 20. When a portion of a common school district is de- tached therefrom, by the alteration of township or borough lines, or when an independent school district is abolished, such alteration, or abolition, shall not take effect, for school purposes, till the commencement of the school year, next after the end of that in which it shall have been decreed and 8 COMMON SCHOOL LAW confirmed, and the directors in the detached portion, or in the abolished district, as the case may be, shall continue to exercise their office until the end of the year in which said alteration, or abolition occurred ; and that the school real es- tate and movable property within any detached portions of districts, or abolished districts, shall pass, with the territory on which they are situated, to the district or districts to which such territory becomes detached, or reverts, with like right in the directors thereof to use or sell the same, as the proper directors had before the alteration or aboli- tion ; and if any money be on hand, or debt unpaid, or any tax, or other claims, be uncollected, after the settlement of all accounts of the current year, the proper court shall divide said money, or debt, amongst the districts thus ac- quiring territory, in such proportions, and shall make such order as to uncollected tax, or other claims, due by said abolished district to any person or persons, as shall be just; and any sum thus decreed to be due by any district or in- dividual, shall be entered, in the nature of a judgment, against the same, and shall be subject to execution, in the manner prescribed by the twenty-first section of the general common school law of the eighth day of May, one thons- and eight hundred and fifty-four.' Apportionment of existing debt. 21. Under this act there is no provision which gives the school district of a township a right to demand compensa- tion from a borough school district for real estate situated in a portion of the township annexed to the borough. All that the school district of the township can demand of the school district of the borough, is that any existing debt of the former shall be apportioned between the two districts.^ Cutting borough out of townsliip. 22. Every township and borough is a school district, with- out respect to acre, population or wealth. When a borough is formed of part of a township, it thereupon becomes a distinct district, while the residue of the township remains 1. Act April II, 1S62, sec. 10 P. L,- 473- 2. Watkins Township School District, 18 Pa. Superior Ct., 293, 1901. CHANGES IN SCHOOL DISTRICTS 9 a district as before. The law has no provision by which the summary abolition of an old district results from the creation of a new one out of part of its territory, and pro- vides no test for determining whether the old one is left capable of the necessary functions of a school district.^ Distinct municipal corporation. 23. Boroughs are distinct municipal corporations from townships. This is recognized in all the statutes of our state. By the act of April 3, 1859, it is provided that any borough incorporated from within a township shall be dis- tinct and separate therefrom. The same act provides for the election of school directors. By the act of May 8th, 1854, it is provided that every borough erected after the passage of that act shall constitute a school district subject to the provisions of that act. By these acts it is clearly indicated tliat the formation of boroughs within townships uiake them an entirely separ- ate and distinct class of municipal corporations from town- ships and makes them subject to a different class of laws known as borough laws. When boroughs are so consti- tuted they are no longer controlled and regulated by the laws relating to those townships but are governed by the statutes regulating boroughs and all local legislation con- flicting with the acts of assembly to boroughs must give way.'^ Board of health. 24. The school board of a township out of which a bor- ough has been formed will not be required to act as a board of health for the territory occupied by the new borough during the remainder of the year.^ When cutting boroughs out of townships does not create new school district. 25. Whenever a borough has been or shall be erected out of a portion of a township, leaving the remaining portion 3. Old Forge School District's Indebtedness, 22 Pa. Superior Ct. 239 1903. 4. Commonwealth vs. School Directors, 8 Pa. Superior Ct. 257, 1898. 5. Commonwealth vs. School Directors, 51 P. L,. J. 374, 1904. lO COMMON SCHOOL LAW of a township without a school house, and with less than ten resident freeholders, and less than twenty-five resident children between the ages of six and sixteen years; then, and in such case, the creation of such borough shall not cause a division of the school district of the township out of which such borough was formed; but the scliool district, as it existed in such township before creation of such borough shall be and remain as theretofore : provided, how- ever, that whenever it shall be made to appear to the court of common pleas of the proper county, by petition of at least twenty freeholders of such undivided school district, and proper hearing, that the portion of such school district out- side the borough has at least ten resident freeholders and twenty-five children, as aforesaid ; then the said court, in its discretion, may decree that said school district shall be divided into two districts, one consisting of the territory within such borough, and the other to consist of the part of the original township territory not included within such borough lines.'' Division of property upon formation of new district. 26. When a school district is formed, the court estab- lishing the same shall determine, on hearing, whether an undue proportion of the real estate and school houses, be- longing to the old district or districts are within the bounds of the new district, and if so, how much money shall be paid therefor by the new to tlie old district or districts, and if any money be on hand, or debt unpaid, or any tax, or other claims, be uncollected after settlement of all accounts of the current year, the proper court shall divide said money, or debt, amongst the districts, in such proportiors, and shall make such order as to uncollected tax, or other claims, as shall be just ; and any sum thus decreed to be due by any district, to any district or individual, shall be entered, in tlie nature of a judgment against the same, and shall be subject to execution in the manner prescribed by the twenty-first section of the general common school law 6. Act February 5, 1903, sec. i, P. L- 4. CHANGES IN SCHOOL DISTRICTS II of the eighth of May, one thousand eight hundred and fifty- four. ^ Act of 1862 is a remedial law. 27. The act of 1862 is a remedial law. Its object was to provide for an equitable division of the school property, not according to the needs of the respective districts, but in such a way as to justly distribute the burden of taxa- tion.^ Division of property. 28. When a new school district is formed, the court shall determine whether an undue porportion of the real estate and school houses, belonging to the old district, is within the bounds of the new, and, if so, how much should be paid by the new to the old district, means an undue pro- portion, not of school facilities, but of value. The best method of apportionment seems to be to determine what share of the total value is due to the contributions of each district, and whether, tried by this test, the new district has more realty than its own contribution entitles it to claim. As the contribution of each district is raised by taxation, the apportionment should be according to taxable value. The same method should be followed in dividing the money on hand and the debts. Interest on debts should be divided from the date of incorporation of the new district. But interest on the money in hand and upon the undue proportion of tlie realty, where a dispute exists, should not begin until a time has elapsed long enough to allow an appeal to the court to be carried through. ^ Division of state appropriation. 29. The part of the state appropriation is to be divided according to the ratio of taxables.io Division of property upon the enlargement of school districts. 30. Whenever, heretofore, a common school district has been, or hereafter shall be, enlarged by the annexation of a 7. Act April II, 1862, sec. ii, P. L,. 474. 8. In Re School Dist. of Luzerne Borough, 3 Kulp 162, 1884 9. Williams Township vs. Williamstown, 9 Pa. C. C. 65, 1890. 10. In Re School Dist. of Luzerne Borough, 3 Kulp 162, 1884. 12 COMMON SCHOOL LAW part or parts of a township, or townships, the court of quar- ter sessions of the proper county sJiall determine, on hear- ing, whether an undue proportion of the real estate and school houses belonging to the old district or districts, is within the bounds of such enlarged district, and if so, how much money shall be paid therefor by such enlarged district to the old district or districts ; and if any money beon hand, or debt unpaid, or any tax or other claims be uncollected, after the settlement of all such accounts prior thereto, the said court shall divide said money or debt amongst the districts, in such proportions — and shall make such order as to un- collected tax or other claims — as shall be just ; and any sum, thus decreed to be due by any district to any district or in- dividual, sliall be entered in the nature of a judgment against the same, and shall be subject to execution, in the manner prescribed in the twenty-first section of the general common school law, on the eighth of May. one thousand eight hundred and fifty-four." Annexatioi?! of land. 31. The several courts of quarter sessions of this Com- monwealth shall have authority, within their respective coun- ties to annex land, or parts thereof, of persons resident in one township or borough of another township, borough, or to a cit\' containing not more than ten thousand in- habitants for school purposes, so that when so annexed the applicant shall pay his school tax and be included within the school district to which it is so annexed for educational purposes, and remain connected with the district, or town- ship, or borough of his residence for all other purposes ; and the said court shall, upon the petition of any one de- siring such change, proceed by views and reviews, in the manner and under the restrictions provided under the act of the general assembly, approved April fifteenth, one thousand eight hundred and thirty-four, with its supple- ments, in regard to the alterations of the lines of an}^ two or more adjoining townships. Provided, that all the costs of such proceedings shall be paid by the person or persons II. Act April 3, 1903, sec. 1, P. L. 142 CHANGES IN SCHOOL DISTRICTS 1 3 applying for such change : And provided further, that the transfer of lands, or parts thereof, of residents of a town- ship or borough, to any such city for school purposes, shall only be by and with the consent of the board of school directors of both districts : And provided further, that this act shall not affect any case now pending in any of the courts of this Commonwealth.'^ Purpose of act. 32. This act does not authorize the annexation of land which does not adjoin the school district to which it is annexed. '3 Contents of petition. T,;^. Where the petition fails to set forth that the land proposed to be annexed adjoins the township or borough to which it is desired to annex it, the petition is fatally defective.'* Report of viewers. 34. The report of the viewers must be filled at the next regular term of the quarter sessions. Upon failure to do so an order cannot be made to file it nunc pro tune's When court may set aside decree. 35. Whenever, by proceedings in any court of quarter sessions of this Commonwealth, the land, or parts thereof, of persons, resident in one township or borough, has been or hereafter may be annexed to another township or borough, for school purposes, the said court may, at any time thereafter, upon application of one-third of the taxa- ble citizens of the township or borough in which said land is situated, by petition setting forth that they desire the decree of the court, whereby the said land was so annexed, to be annulled and set aside, proceed to hear said application, and, if the court deem expedient, ma}' annul and set aside said decree.'^ 12. Act of April 17, 1S76, P. L,. 38. amending Act of April 15, 1867. 13. Heidler's Petition. 122 Pa. 653, 1888. 14. In Re Wolf's Petition, 8 Kulp, 181. 1896. 15. Mt. Pleasant School District, 20 Pa. C. C. 60, 1898. 16. Act June 8, 1881, Sec. i, P. L. 69. 14 COMMON SCHOOL LAW Proper proceedings. 36. It is held that proceedings for the detachment of lands theretofore annexed to a school district must be either under this act or the act of June 2, 1891, P. h- 172, and not by appointment of viewers under the act of April, 17, 1876, P. L. 38/^ Territory becomes part of new district. T^y. Whenever territory adjacent and adjoining any city of the third class comprising one school district has been or shall hereafter be annexed to and made part of any such city of the third class, that the territory or district so annexed shall constitute and form a part of the school dis- trict of said city.'^ rierger of township. Rights and liabilities. 38. Whenever any township has been or may hereafter be entirely merged into more than one borough, and the township shall thereby have ceased to exist, and the school district of the township become merged into the school dis- trict of the boroughs erected out of said township, the rights and liabilities of said township shall devolve in just proportion upon the school districts of the said several bor- oughs, but the school district of no such borough shall be entitled or liable as aforesaid, except as to such rights and liabilities as existed at the end of the current school year in which it became a new district, and the proportion of each new district as aforesaid shall be ascertained in like manner as prescribed in the first section of this act ; and in all actions pending by or against the school district of said township, the school district or districts of the borough or boroughs entitled or liable as aforesaid, shall, by rule of court, be substituted instead of the school district of said township, and in actions thereafter brought on matters in behalf of or against the school district of said township, the school district or districts of the borough or boroughs entitled or liable as aforesaid shall be the proper parties to prosecute or defend the same as the case may be. "^ 17. Newry School District, 11 Pa. Superior Ct. 592, 1899. 18. Act June 24, 1895, Sec. i, P. L- 239. 19. Act June 24, 1895, Sec. 2, P. L. 260. CHANGES IN SCHOOL DISTRICTS 1 5 Certification of new districts. 39. The clerks of the courts of quarter sessions of the several counties of this Commonwealth, shall forward to the superintendent of common schools a certified copy, under seal, of the decree of said court of their respective counties, creating any new school district, whether it be formed by the incorporation of a borough, the creation of a new town- ship, or the formation of an independent district, said certificate to be forwarded within thirty days after the entry of such decree ; the costs for such certificate shall be a legal charge against the new district thus formed.^" Tax cannot be levied while proceedings are pending. 40. Whilst proceedings are pending in any court of this Commonwealth for the division of any township or school district, or for the erection of any borough, it shall not be lawful for the school directors of the township or district proposed to be divided, or out of which such bor- ough is proposed to be erected, to levy, assess or collect any tax whatever for the purchase of ground or for school build- ing purposes, except where the same shall be necessary to rebuild a school house accidentally injured or destroyed, or to pay a building debt previously incurred.^' Duty of commissioners. 41. Whenever any new district shall be formed in any county of this Commonwealth, it shall be the duty of the commissioners thereof to certify to the superintendent of common schools, before the commencement of the next succeeding school year, the number of taxable inhabitants therein, and also the number in the district or districts from which it was taken, separately, according to the last pre- ceding triennial enumeration of taxables made for school purposes, so that the whole number in such new district, and in that or those out of which it was taken, being added together, shall be neither greater nor less than the number tliat was therein before the change was made, and accord- 20. Act April 17, 1865. See i, P. L,. 62. 21, Act June 13 1874, Sec. i, P. L. 284. 1 6 COMMON SCHOOL LAW insf to the last triennial certificate or return of taxablCvS thereof made by said commissioners.^^ Borough school districts shall share in rights and liabilities of townships from which formed. How proportionate share of each shall be ascertained. 42. Every school district which has been or may here- after be formed by the erection of a borough out of any township or parts of adjoining townships shall share in just proportion, in the rights and liabilities of the school district or districts of said township or townships existing at the time of the incorporation of such borough, the pro- portion of such new school district to be ascertained by ref- erence to the assessment of said township or townships for the year in which such borough was incorporated, and in all pending actions by or against the school district or dis- tricts of said township or townships, and in all actions thereafter brought b}^ or against the same, the new school district or districts liable or entitled as aforesaid shall, by rule of court, be made co-parties plaintiff or defendant as the case may be.^^ Constitution. 43. This act does not conflict with Article III, Sec. 3, of the constitution. ^4 Due compensation. 44. When a borough by its incorporation secures more than its due share of the public school property, it will have to make due compensation to the township and will also have to bear its due share of the public indebtedness. ^^ Court shall adjust and apportion indebtedness. 45. Whenever any school district has been or may hereafter be formed as aforesaid, or whenever any school district has been or may hereafter be entirely merged into more than one school district as aforesaid, any court of 22. Act May 18, 1854, Sec. 49, P. L. 629. 23. Act June 24, 1895, Sec. i, P. L. 259. 24. Parker Township Sch. Dist. vs. Bruin Borough Sch. Dist. 13 D. R. 769, 1903. 25. Smithfield Borough, 23 Pa. C. C. 583, 1900. CHANGES IN SCHOOL DISTRICTS 1 7 common pleas of the proper county, sitting in equity, shall have power, upon the application of any one or more credi- tors of the school district or districts, of said township or townships, or upon the application of the proper authori- ties of the school district or districts of any said township or townships, borough or boroughs, or either of them, by a suit or suits in equity, to ascertain the indebtedness of the school district or districts of said township or town- ships at the time of the formation of each of the school districts ot said boroughs respectively, and to equitably ad- just and apportion said indebtedness between the school district or districts of said township or townships, and borough or boroughs, and between the several school districts of the boroughs into which any township shall have become merged, as aforesaid, and where any school, real estate and movable property belonging to the school district or districts of said township or townships are or shall be within the bounds of any such new district. The said court shall further determine, on hearing, whether an undue proportion of the real estate and movable property belonging to the old district or districts are within the bounds of the new district and, if so, how much money shall be paid therefor by the new to the old district or dis- tricts, and the court shall thereupon decree the proportion of said indebtedness which each of said school districts shall pay and the amount of money, if any, which the new district shall pay to the old district or districts for any un- due proportion of the school property within the bounds of such new district. In making said adjustment as applied to each of said new school districts reference shall be had to the time of the formation of such new school district and to the debts existing at the end of the current school year in which it was formed, whether since paid or not, and also to the several amounts of school taxes then unexpended and the said adjustment shall be based upon the assessment of said township or townships for the year in which such new district was formed : Provided, That in ascertaining said indebtedness, neither pending actions nor claims against the school district or districts of said township or 1 8 COMMON SCHOOL LAW townships founded on tort, shall be included, unless the same shall in the meantime have been prosecuted to final judgment. ^^ Trial by jury. 46. This act does not conflict with Article i, Sec. 6, of the constitution, which preserves the right of trial by jury-.^'' No authority in new district. 47. No authority is conferred by this act to decree a balance due to the new district for an undue proportion of realty and movable property remaining in the old district. ^^ Notice to persons having claims against the district. 48. Three months public notice shall be given under the order of said court to all persons having claims against the school district or districts of said township or townships, ex- cepting claims in pending actions and claims founded on tort, as aforesaid, to present the same on or before the day therein named, and all persons not presenting their said claims on or before the said day shall be forever debarred from en- forcing collection of the same, said notice to be published in not less than two newspapers of the proper county, if there are so many printed in said county, or if there be but one newspaper printed therein, then said notice shall be printed in the same and shall be published in any other manner directed by the said court : Provided, however. That no owner or holder of any bond or bonds of any such school district shall, for any failure to present or make proof of the same as aforesaid, be precluded or debarred thereby from enforcing collection of the same.^^ Rules for collection and payment. 49. The said court shall have power to make all need- ful rules, orders and decrees in the premises, and for the collection and payment by the school district or districts of said township or townships, borough or boroughs of the share of said indebtedness, respectively, apportioned to them. 26. Act June 24, 1895, Sec. 3, P. L. 260. 27. Parker Twp. Sch. Dist. v. Bruin Boro. Sch. Dist. 13 D. R. 769, 1903. 28. Munhall Borough School District, 207 Pa. 638, 1904. 29. Act June 24, 1895, Sec. 4, P. L. 261. CHANGES IN SCHOOL DISTRICTS 1 9 and of any sum of money decreed to be paid by any such new district to the school district of any township from which it was formed for any undue proportion of school property within the bounds of such new district, and may order the proper officers of the school district or districts of any said township or townships, borough or boroughs, or of either of them, to collect, by special taxation, an amount sufficient to pay the same, either in any one year or by an- nual installments, as to the court shall appear just and reasonable,^" Court may appoint receiver. Duty of receiver. 50. The said court shall have power, in its discretion, to appoint a receiver to whom the money due on account of indebtedness from each school district for the purpose afore- said shall be paid, and it shall be his duty to pay over the amount so received by him to the holders of said indebted- ness in such order or in such proportions as the court shall direct, and in case of any special taxation in any said school district, or in all of them, being ordered for or on account of any indebtedness as aforesaid, the collector of said special tax shall pay the same directly to said receiver.^' How indebtedness shall becredited. How balance shall be credited. 51. The school district of each borough, in any of the cases aforesaid, shall be credited with the proper share of such indebtedness, due to the school district or districts of said township or townships, at the time of the formation of such borough district, as shall have since been collected, and shall likewise be credited with its proper share of any unappropriated balance in the treasury of the school dis- trict or districts of said township or townships at the end of the current school year during which such borough dis- trict shall have been formed, and the said court shall have like power to equitably adjust and apportion the same.^^ 30. Act June 24, 1895, Sec. 5, P. L,. 261. 31. Act June 24, 1895, Sec. 6, P. h. 262. 32. Act June 24, 1895, Sec. 7, P. I,. 262. 20 COMMON SCHOOL LAW Enforcement of orders and decrees. 52. The costs of said proceedings shall be paid by the school districts of the said several townships and bor- oughs in such proportions as the said court shall adjudge, and the orders and decrees of the said court in such pro- ceedings may be enforced by attachment.^^ When township is merged into one borough. 53. Whenever any township has been or shall here- after be changed or merged into one borough the school district of said borough shall succeed to all the rights and liabilities of the school district of said township, and in all the actions pending by or against the school district of said township the school district of said borough shall be sub- stituted as party instead of the school district of said town- ship, and in all actions thereafter brought for matters in behalf of or against the school district of said township the school district of the said borough shall be the party plain- tiff or defendant, as the case may be, instead of the school district of said township. 3^ 54. Nothing in this act contained shall be held or con- strued to supersede or repeal the provisions of any existing act of assembly applicable to the same subject matter. ^s 33. Act June 24, 1895, Sec. 8, P. L. 262. 34. Act June 24, 1895, Sec. 9, P. L. 262. 35. Act June 24, 1895, Sec. 10, P. L. 262. CHAPTER HI. POWERS AND LIABILITIES OF SCHOOL DISTRICTS. PAGE 55. May sue and be sued 21 56. To purchase or sell real estate 21 57. Directors shall have no interest in property purchased 22 5S. Real estate held in trust 22 59. Conveyance of real estate to school district by surviving trustees 22 60. Deeds, how executed 23 61. Suits by and against school districts 23 62. How summons must be made 23 63. Negligen ce 23 64. Statutor}- power of officers 24 65. Execution against school districts 24 66. Remedy 25 67. Special writ on execution 25 68. Return 25 69. When attachment is premature 25 70. Executionon judgment 25 71. Evidence for school district 26 72. Procedure on a judgment rendered by a justice of the peace or alderman against a school district 26 73. Record of certificate 26 74. Fee 27 75. Failure to comply with the act. Records and transcripts 27 riay sue and be sued. 55. The several school districts within this Common- wealth shall have capacity as bodies corporate : I. To sue and be sued as such, by the corporate name of the school district of . To purchase or sell real estate. 56. II. -To purchase and hold such real and personal property as may be necessary for the establishment and sup- port of the schools, and the same to sell, alien, and dispose of, when it shall no longer be necessary for the purposes aforesaid, and also, whenever the board of directors or con- trollers, in cases where school property has been conveyed to them, shall deem it expedient to make sale of the said real estate, for the purpose of reinvesting the proceeds thereof for school purposes.' I. Act May 8, 1854, Sec. 18, P. L,. 620. 2 2 COMMON SCHOOL LAW Directors shall have no interest in property purchased. 57. School directors interested in a piece of property, may, at the suit of a taxpayer, be enjoined from voting in favor of its purchase by the district ; and this though the purchase is being made in good faith and at a fair price. ^ Real estate held in trust. 58. In cases where real estate is held by trustees, or others, for the general use of a neighborhood — for a school house or its appendages — and when the same shall cease to be required, it shall be lawful for the said trustees, or others, their survivor or survivors, or successors, to convey tbesame to the proper district, which shall be thereafter held by said district, for the same term and for the same uses for which it was originally granted to said trustees or others. But should the said trustees, from indisposition on the part of the proper board of school directors of the district, to accept of said conveyance, or from other causes, find it impossible to release themselves from said trust, they, or a majority of them, may apply to the court of common pleas of the proper county, praying said court to authorize and direct the afore- said trustee, trustees or other persons, to make sale of the same, having first given two we£ks' previous notice, in one or more of the public prints of said county, of the time and place of said sales ; and shall make return of proceeds of sale to said court, that ^he same may, by the direction of said court, be added to the funds of the proper school district ; whereupon the said trustee, trustees or other persons, shall be discharged from all responsibility in the premises. ^ Conveyance of real estate to school district by surviving trustees. 59. In all cases where real estate has been or is held by the trustees, for the general use of the neighborhood as a school house or its appendages, and the same has been or shall be conveyed to the school district by the surviving trustees, such conveyance shall be as valid to pass the legal estate in the premises to such school district as if executed 2. Witmer's Appeal, 15 Atlan. 428, i8i 3. Act May 8, 1854, Sec. 18, P. L. 617. POWERS AND LIABILITIES OF SCHOOL DISTRICTS 23 by all of them, pursuant to the fourteenth section of the act of the thirteenth of June, 1836.* Deeds, how executed. 60. All deeds and other contracts in writing, made by a school district, shall be signed and sealed by the presi- dent of the board of directors or controjlers, and counter- signed by the secretary. ^ Suits by and against school districts. 61. All suits by a school district shall be brought in its corporate name, and be conducted and managed by the board of directors or controllers, as the case may be ; and all suits against such district shall style the same by its cor- porate name, and all legal process, other than writs to en- force payment of a judgment, shall be served on either the president or secretary of the board of directors or control- lers, as the case may be.*" How summons must be made. 62. The act of May 8th, 1854, provides that all suits against a school district shall style the same by its corporate name, and all legal process other than suits to enforce pay- ment of a judgment, shall be served on either the president or secretary of the board of directors. It must be served personally on the officer. It cannot be served on its officers by leaving a copy at his house with an adult member of the family. 7 Negligence. 63. School districts are quasi corporations having limited powers for carrying out the common school system within its limits, and cannot be held in the same measure to accountability for the wrongful acts and negligence of its officers, servants or agents, as a private corporation ; hence is not liable for injuries sustained by those attending its schools.^ 4. Act May 8, 1854, Sec. 23, P. L. 622. 5. Act May 8, 1854, Sec. 19, P. L, 621 6. Act May 8, 1854, Sec. 20, P. L. 621. 7. Flood vs. Masey School District, 9 Kulp, 385, 1S99. S. Ford vs. School District, 121 Pa. 543, 1888. 24 COMMON SCHOOL LAW Statutory power of officers. 64. Mr. Justice Truukey said : "A person is not liable for the acts of another unless the relation of master and servant or principal and agent exists between them. School districts are corporations of lower grade and less power than a city, having less the characteristics of private corporations and more of a mefe agent of the state. They are territorial divisions for the purposes of the common school laws and their officers have no powers except by express statutory grant and necessar}^ implication ; and these are for the es- tablishment and maintainance of the public schools. The common school system partakes much of the nature of a public charity, extends over the whole state, is sustained by the public moneys, and the directors, who devote much time and labor for the public benefit, receive no compen- sation for their services. Unless exempted by the act of incorporation, or by law, a private corporation is liable for the wrongful acts and neglects of its officers done in the course and within the scope of their employment, the same as a natural person is for the acts and neglects of his servant or agent. A less stringent rule applies to pub- lic corporations, and least stringent of all should be ap- plied to school districts, whose officers have limited and defined powers in a system exclusively for the free educa- tion of the children in the commonwealth. The directors as a board must exercise their powers — the board may make contracts, may authorize a commit- tee to make a contract, and may appoint an agent for a proper and specific purpose. One or more of the directors, without authority from the board, can make no contract binding upon the district, cannot change a contract, can do no act fixing the district for a liability. He may be per- sonally responsible to those who suffer from his unauthor- ized acts, as any other citizen would be."^ Execution against school districts. 65. If judgment shall be obtained against a school district, in any action of proceeding, the party entitled 9. School District of the City of Erie vs. Fuess, 98 Pa. 600, 1881. POWERS AND LIABILITIES OF SCHOOL DISTRICTS 25 to the benefit of such judgment may have execution thereof, as follows, and not otherwise, to wit: — it shall be lawful for the court in which such judgment shall be obtained, or to which such judgment shall be removed by transcript, from a justice of the peace or alderman, to issue thereon a writ, commanding the directors or controllers and treasurer of such school district, to cause the amount thereof, with interest and cost, to be paid to the party entitled to the benefit of such judgment, out of any moneys unappropri- ated of such district, or, if there be no such moneys, out of the first moneys that shall be received for the use of such district, and to enforce obedience to such writ by attach- ment. '° Remedy. 66. The remedy provided by this act is exclusive, and proceedings by an ordinary mandamus cannot be sustained." Special writ on execution. 67. The writ provided by this section is not an alternative mandamus, but a special writ of execution, direct- ed against the money of the defendant, and enforceaWe by attachment against the school directors of the district, if it is not obeyed.'^ Return. 68. A return of "no funds" is sufficient; it need not state why such a state of things exist.'^ When attachment is premature. 69. Until a peremptory writ of mandamus has been awarded and disobeyed an application for an attachment against the school directors for failing to pay a judgment as commanded by mandate or alternative mandamus, is premature.''^ Execution on judgment. 70. Judge Clayton said : " That where an execution having been issued upon a decree from which there has 10. Act May 8, 1854, Sec. 21, P. L. 621. 11. Commonwealth vs. Pease, i Dauphin Co. 47, 1898. 12. O'Donnell vs. School District, 133 Pa. 162, 1890. 13. Cavanaugh vs. Cass School District 6 Pa. C. C. 35, 1889. 14. School District vs. School District, 6 Pa. C. C.38, 1889. 26 COMMON SCHOOL LAW been no appeal, the only defence allowable is the want of funds, in which case the court will order a special tax to pay the debt."'5 Evidence for school district. 71. That no person shall hereafter be incompetent to give evidence in any suit or action in which any school district, or any officer thereof is a party, for or on account of said person being an inhabitant of the district, or by reason of his being liable to the payment of any tax in which said school district may be interested.'^ Procedure on a judgment rendered by a justice of the peace or aU derman against a school district. 72. It shall be the duty of the plaintiff or plaintiffs in every judgment rendered by a justice of the peace or al- derman of this Commonwealth, against any borough, town- ship or school district of this Commonwealth, to file, with- in one week from the time of rendition of said judgment, with the prothonotary of the county in which such munici- pal corporation is situated, a certificate signed by the plaintiff or plaintiffs, naming the parties to the action in which said judgment was rendered, the magistrate by whom rendered, and setting forth the fact and date of the rendition of the same and the amount thereof.'^ Record of certificate. 73. Immediately upon the receipt of such certificate by the prothonotary of such county, he shall enter it of record in a book, kept by him in his office for that purpose, to be called the ' ' Record of Suits before Justices and iVldermen against Boroughs, Townships and School Districts," setting forth therein the name of the plaintiff, the name of the defendant municipality, the sum for which judgment was entered, the date of its rendition, and the name of the justice or alderman by whom the judgment was given. '^ 15. School District vs. School District, 4 Del. 97, 1889. 16. Act May 8, 1854, Sec. 51, P. L. 629. 17. Act April 22, 1905, Sec. i, P. L. 296. 18. Act April 22, 1905, Sec. 2, P. L. 296. POWERS AND LIABILITIES OP SCHOOL DISTRICTS 27 Fee. 74. For entering such certificate of record, the pro- thonotary shall receive the sum of fifty cents, for which, in every instance, the municipality against which the suit is brought shall be liable to the prothonotary."^ Failure to comply with the act. Records and transcripts. 75. Whenever in the case of any judgment rendered by any justice of the peace or alderman of this Common- wealth, against any borough, township or school district of this Commonwealth, the provisions of this act shall not be complied with, no transcript of such judgment may, at any subsequent time, be filed in the office of the pro- thonotary, for any purpose whatsoever ; and neither the justice's nor alderman's record of such judgment, nor any transcript or copy thereof, may be used as evidence in any proceedings to enforce or collect said judgment.^" 19. Act April 22, 1905, Sec. 3, P. L- 297. 20. Act April 22, 1905, Sec. 4, P. L. 297. CHAPTER IV. ELECTION OF DIRECTORS; FILLING OF VACANCIES. PAGE 76. Creation of school boards 28 77. Not municipal officers 29 78. Election of school directors. Term of office 29 79. Petition. Increase of number of directors 29 80. Vacancies. Term 30 81. Election of school directors in boroughs not divided into wards 30 82. Election of school directors in boroughs not divided into wards 30 83. Designation on ballot 31 84. Vacancies 31 85. Directors elected under former laws 31 86. Appointment by the court 31 87. Borough school directors 32 88. Election of directors in independent districts 3^ 89. Election of directors for different tei-ms. Use of "'stickers" 33 90. Returns of election, how made 34 91. Contested elections, how decided 34 92. Filling vacancies at any election 34 93. Purpose of the act 35 94. When school board fills vacancy 35 95. Meaning of the word ''otherwise" 35 96. Filling of vacancies by the board 35 97. Expiration of term of appointment 36 98. Written resignation 36 99. Decreasing the number of school directors to two 37 100. Election after such decrease 37 loi. How to decide tie vote 37 102. Duty of school board to act and determine a director's right to a seat when there is a tie vote 38 103. Women eligible to office of school director 40 104. Legal residences 40 105. Vacancies without resignation 40 106. Adopting city charter 40 107. Title of school director 40 108. Directors exempt from serving in certain offices 41 109. Incompatibility of officers 41 no. School director can act as judge 41 Creation of school boards. 76. Junkin J. says: "Boards of school directors are the creation of statutory law, having no existence outside of positive enactment. Neither have they any power be- yond what the statutes confer, or by necessary implication spring from the duties imposed. The things which they are empowered to do, they may perform ; and that which they ELECTION OF DIRECTORS; FILLING OF VACANCIES 29 are not empowered to do, they must leave undone. They have no legislative powers ; are not strictly speaking, a municipal corporation. They are a special statutory tribu- nal ; and it is a postulate long recognized, that such bodies can exercise only such powers as are expressly confined.'" Not municipal officers. ']']. School directors are by no means municipal offi- cers. They are not invested with any of the municipal powers, nor are they charged with the performance of mu- nicipal functions.^ Election of school directors. Term of office. 78. The school directors shall be elected annually in each district of the state, in the following manner, to wit : at the same time and place that elections are held for supervisors and constables, and, in wards in cities or bor- oughs, at the time and place of the borough or ward elec- tions, and in like manner, two qualified citizens shall be elected school directors in each district, whose term of office shall be three years ; but in districts where directors have not been elected, or in new districts which may be established by tlie erection of anew ward, borough or town- ship, six directors shall be elected in such district, at the first election, two to serve one year, two to serve two years, and two to serve three years, and two annually thereafter ; and in city and borough districts, allowed to elect three directors, the whole number for each ward shall be chosen at the first annual election after the passage of this act, one to serve for one year, one to serve for two years, one to ser'/e for three years, and one annually thereafter.-^ Petition. Increase of number of directors. 79. Provided, however. That upon the petition of the councils of any city subject to the provisions of this act, the court of common pleas of the county in which said city 1. Hamilton vs. Kill, 8 Luzerne Legal Register 108. 2. Chalfant vs. Edwards, 173 Pa. 246, 1896. 3. Act May 4, 1905, P. L. 388. 30 COMMON SCHOOL LAW is located may, after a hearing duly had, enter a decree increasing the members of school directors in said city, so that there shall be three directors in each ward of said city/ Vacancies. Term. 80. Any vacancies in the board of directors, caused thereby, shall be filled by the citizens of said wards, re- spectively, at the ensuing election held for the purpose of electing ward officers ; and the said court shall also, at the same time, decree that at said election one-third of said school directors shall be elected to serve for one year, one- third for two years, and the remaining third to serve for three years, and that annually thereafter each school direc- tor shall be elected to serve for three years ; and the said court shall also indicate the wards which shall elect for the shorter and longer terms ; and in case after the entering of said decree, and before said election, there shall from this or any other cause be no one capable of exercising the said office of school director in the said school district, or vacancies shall be caused in the board by reason of the aforesaid increase, the said court of common pleas shall, upon petition of any one in interest, appoint suitable persons to act in the interim. s Election of school directors in boroughs not divided into wards. 81. The number of members of any school board of bor- oughs not divided into wards shall be six.^ Election of school directors in boroughs not divided into wards. 82. It shall be lawful for the qualified voters of the boroughs of this Commonwealth which are not divided into wards, and boroughs not now enjoying this right by spe- cial statutes, at the first election for borough . officers next ensuing the passage of this act, to elect two school direc- tors to serve for one year, two to serve for two years, and two to serve for three years ; and annually thereafter to elect, for a term of three years' duration, as many school directors as may be necessary to fill the places of those whose terms of office are about to expire.^ 4. Act May 4, 1905, P. L. 388. 5. Act May 4, 1905,?. L. 388. 6. Act April 23, 1903, Sec. i, P. L. 271. 7. Act April 23, 1903 Section 2, P. L. 271. ELECTION OF DIRECTORS; FILLING OF VACANCIES 3 1 Designation on ballot. 83. At the first election for borough officers next ensuing the passage of this act, the qualified voters shall designate on their ballots for what length of time the per- sons thereon named shall serve, whether for one, two or three years.^ Vacancies. 84. The members of any board of school directors shall have power to fill any vacancy which may occur therein by death, resignation, removal from the borough or otherwise, until the next annual election for school directors, when such vacanc}^ shall be filled by electing a qualified citizen to supply the same for the balance of the unexpired term ; Provided, That the qualified voters shall designate on their ballots that the person or persons thereon named are voted for to fill an unexpired term.^ Directors elected under former laws. 85. The school directors now in office, under existing laws, shall act conjointly with those who are to be elected under the provisions hereof at the first election for borough officers next ensuing after the passage of this act, and act until the expiration of the term of said school directors now in office; but after their places have become vacant, either by the lapse of time or otherwise, their places shall not again be filled, and the office shall hence- forth be at an end.'° Appointment by the court. 86. After the passage of this act, it shall be the duty of the judges of the courts of quarter sessions of the several counties to fill the offices created by this act, by the appointment of proper persons residing in the said boroughs, and the persons so appointed shall hold office until their successors are chosen at the next election of borouo^h officers." 8. Act April 23, 1903, Sec. 3, P. L. 271. 9. Act April 23, 1903, Sec. 4, P. L. 272. 10. Act April 23, 1903, Sec. 5, P. L. 272. 11. Act April 23, 1903, Sec. 6, P. L, 272. 32 COMMON SCHOOL LAW Borough school directors. Application of Act April 23, 1903, P. L. 271. Deputy Attorney General Fleitz said, inter alia : 87. "The language of this act, while somewhat am- biguous, is not capable of more than one construction, par- ticularly when viewed in the light of the prior legislation upon the same subject. It is entitled 'An Act to designate the number of school directors to be elected in the several boroughs of the commonwealth not divided into wards, to provide for their election, and for the filling of vacancies, and to fix the length of term for which they shall serve.' "The act further provides that at the first election held under its terms in the boroughs to which it applies six school directors shall be elected by the voters who shall designate on their ballots for which length of time the per- sons named shall serve, whether for one, two or three years. In a subsequent section it provides that 'the school direct- ors now in office, under existing laws, shall act conjointly with those who are to be elected under the provisions here- of until the expiration of the terms of the former. "This act is manifestly an effort to bring within the terms of the general law some borough or boroughs not be- fore entitled to elect six directors, and has no application whatever to any borough not divided into wards, which at the time of the passage of the act was entitled to have that number of directors. The language of section 2, 'Not now enjoying this right by special statute,' refers plainly to the right of electing six directors, but its ambiguous character seems to have been misunderstood in some sections of the commonwealth, and several boroughs which do not come within its terms proceeded to elect six directors at the last municipal election and now have more than their legal quota of those officials. "After a careful investigation of the laws which were in force prior to the enactment of this statute, as well as of the causes which led to its adoption, I am of the opinion, and instruct you, that no borough entitled to elect six directors, and enjoying that privilege at the time of the passage of this act, conies within its provisions, and any ELECTION OF DIRECTORS; FILLING OF VACANCIES 33 election held in any such borough in accordance with the terms of this statute is invalid, and of the six directors so elected only the two whose terms were designated as for three years are entitled to sit on the board or to take a part in its proceedings." '^ Election of directors in independent districts. 88. When an independent school district shall be estab- lished, the proper court shall, in the decree therefor, desig- nate the time and place for holding the annual elections oi directors therein, and appoint two persons to hold the first election, at a time appointed therefor, who shall give ten days' notice thereof, by printed or written handbills, put up at not less than six public places within said district; at which first election, six directors shall be chosen, two for three years, two for two years, and two for one year, then next ensuing ; and thereafter two directors shall be chosen for three }^ears, at the annual election to be called and held by the president and secretary of the board, at the time and place, and in the manner, in said decree therefor appointed, said election, in all other respects, to be conducted in con- formity with the existing school law. iVnd in independent dis- tricts, established, or hereafter to be established, by the legis- lature, without specifying the mode, time or place, of elect- ing directors, the first election shall be held at such time and place, within the proper district, as shall be specified by written or printed notices thereof, put up at not less than ten public places therein, signed by not less than five tax- able citizens thereof, and giving ten full days' notice of such election, and subsequent elections shall be held at such time and place, annually, as shall be designated by similar notices, signed by the president and secretary of the proper board ; said elections, in all other respects, to be held and conducted in the manner in this section before provided.'^ Election of directors for different terms. Use of *' stickers." 89. Where ofiicers for the same office are to be chosen for different terms, the ballots must specify the terms for 12. Borough School Directors, 29 Pa. C. C. 468, 1904. 13. Act April II, 1862, Sec. 9, P. L. 473. 34 COMMON SCHOOL LAW each person for whom they are cast. In an election in which four school directors were to be elected in a ward, two for the term of three years, one for two years and one for one year, the "stickers" on certain tickets did not specify tlie term for which the candidate was voted for, nor did they by their position on the ticket designate the same. Held, they could not be counted. The use of " stickers " is permitted and election officers have no au- thority to remove them.'^ Returns of election, how made. 90. The duplicate returns of all elections for directors shall be made out, signed and sealed by the judges, and de- livered by the constable or proper officer of said election, one to the board of directors, and tlie other to the court of quarter sessions of the county, within ten days thereafter : and each person elected a director shall be notified thereof in writing, within five days after the election, by the con- stable or proper officer, who held the election. '^ Contested elections, how decided. 91. If the legality of any election for directors is con- tested, it is necessary to proceed under act of May 19, 1874, P. ly. 208, which was held to repeal by necessary implica- tion the act of May 8, 1854, Sec. 6, P. L. 618.'^ Filling vacancies at any election. 92. If vacancies are to be filled, at any election of di- rectors, in addition to the persons to be elected for the reg- ular term, and the voters shall all neglect to designate on their tickets, the term of office for which each person voted for is a candidate, then the person or persons having the highest number of votes, shall be declared elected for the longest term or terms; the next highest in vote, after the filling of the longest term, shall be declared elected for the next longest term, and so on, until all the terms vacant shall be filled. '7 14. In re Contested Election of Gilleland, 96 Pa. 224, 1880. 15. Act May 8, 1854, Sec. 6, P. L. 618. 16. Overton School District, 7 D. R. 611, 1898. 17. Act April 11,1862, Sec. 2, P. L. 471. ELECTION OF DIRECTORS; FILLING OF VACANCIES 35 Purpose of the act. 93. This act provided only for cases in which the vot- ers shall all neglect to designate on their tickets the term of office for which each person voted for is a candidate.'^ When school board fills vacancy. 94. Each board of directors shall have power to fill any vacancy which may occnr therein by death, resignation removal from the district or otherwise, until the next annual election for directors, when such vacancy shall be filled by electing a person from the district in which the vacancy occurs to supply the same. "^ Meaning of the word " otherwise." 95. Failure by the voters to fill a vacancy, at the regu- lar annual election, will authorize the board to fill it by virtue of the word " otherwise." This means that if a member died or resigned, the board appointed another in his place, and if at the next election the people failed to elect any one to fill this vacancy, the board may again treat it as a vacancy and appoint a person to fill it till the next succeeding annual election. -° Filling of vacaiicies by the board. 96. It does not require a quorum (four) to fill a va- cancy caused by '' death, resignation or otherwise." Any number to which the board may be reduced, bj- any one or all of these causes, can perform this indispensable duty. But to do it satisfactorily, all the actual members should be present, or have had notice to be present, for the pur- pose. And if only one member remain in office, he can legally take means to fill the board. In that case he should appoint one new member ; he and that new member should then appoint a third, and so on, till the board is full. And the whole of these proceedings should be put on the min- utes. The law authorizing " less than a majority of direc- tors " to fill vacancies in a school board, only applies when 18. Chamberlain vs. Hartley, 152, Pa. 544, 1893. 19. Act May 8, 1854, Sec 7, P. L,. 618. 20. School Laws and Decisions, page 46, 1903. 36 COMMON SCHOOL LAW the number has been reduced below a majority, from causes mentioned in either the seventh or eighth sections of the act of May 8, 1854, P. L. 618.^' Expiration of term of appointment. 97. An appointment made by a board of school di- rectors to fill an existing vacancy therein, qualifies the per- son so appointed to hold the office until the first Monday in June following the first annual election next ensuing such an appointment, at which time the person elected at the preceding annual February election will be qualified to fill the office for the remaining part of the unexpired term. For example : — If a vacancy occurs in January, 1903, and the board then appoints a person to fill the va- cancy, the person appointed will hold tlie ofQce until June, 1903, at which time the person elected in February of that 3'ear, will be admitted to membership in the board on his ceitificate of election for the unexpired term for one year, or for two years, as the case may be. If a vacancy occurred in March, 1903, and the board appointed at once a person to fill the vacancy, he would be qualified to hold the ofiice until the first Monday in June, 1904, inasmuch as no annual election intervened until February, 1904, unless the term expires before that date. Written resignation. 98. When a director resigns his office without being present in the board, the resignation should be written, addressed to the president or, if it be the resignation of the president himself, to the secretary. When a resignation takes place by a member present, it may be entered on the minutes, accepted by the board, and the acceptance also entered on the minutes.^^ 21. School Laws and Decisions, page 43, 1903. 22. School Laws and Decisions, page 43, 1903. ELECTION OF DIRECTORS; FILLING OF VACANCIES 2>1 Decreasing the number of school directors to two. 99. The several courts of quarter sessions of the peace shall have power and authority, on the petition of twenty or more citizens of any borough in which, by virtue of any act of Assembly, or decree of court, there are now three members of the school board to be elected in each ward after due notice to such school board, to decrease the num- ber of school directors, to be elected in each of said wards, to two. ^3 Election after such decrease. 100. And from and after the making of such decree there shall be no election in any ward of said borough for any person to serve as school director, until the number in each ward shall have been reduced to two by the expiration of the term of office of those in office at the time of making such decree ; and thereafter upon the expiration of the term of office of each school director, there shall be elected in each of such wards one school director to serve for the the term of three years. ^'^ How to decide tie vote. loi. When two or more candidates shall have an equal number of votes for the same term of office, at any election of directors or controllers, whereby their election shall be presented, the said candidate shall appear at the next regu- lar meeting of the board of directors or controllers, which said board shall determine their rights to seats therein, in the following manner : Ballots shall be prepared, equal in number to the opposing candidates, on one-half of which the word '' director " shall be written, whereupon the said candidates shall each draw, from a proper receptacle, one of said ballots, and the candidate or candidates drawing the ballot or ballots marked " director," shall be held and deemed duly elected to the said office of director or control- ler, ^s 23. Act July 9, 1S97, Sec, i, P. L. 216, 24. Act July 9, 1897, Sec. 1, P. L- 216. 25. Act April II, 1^62, Sec. 2, P. L. 471. 38 COMMON SCHOOL LAW Duty of school board to act and determine a director's right to a seat when there is a tie vote. Mr. Justice McColhim said : 102. "At the spring election in Turtle Creek Borough in 1894, the relator and John T. C. Bowman were opposing candidates for the office of school director, and each received seventy-nine votes. As they had an equal number of votes for the same term of office, it became their duty, in com- pliance with section two of the Act of April 11, 1862,?. L. 471, to appear at the next regular meeting of the board of school directors to have their rights to seats tlierein deter- mined, and the duty of the board to proceed in conformity with the act to decide which of them should hold the office. The parties appeared as by the statute they were required to do, but Bowman refused to participate in the drawing prescribed by it and the board adjourned without taking any action in the premises. The relator again ap- peared before the board, at its reorganization in June, for the purpose of having his right to a seat in it determined, but the board declined to act, on the ground that the duty of deciding the issue raised by the tie vote rested exclusive- ly upon the board as constituted at the next regular meet- ing of it after the election. The failure of the board as constituted at that time to determine ihe rights of the parties before the reorganization of it was regarded by the reorganized board as destructive of the relator's right under the statute, and as having created a vacancy in the office. It therefore declared that a vacancy existed and appointed the respondent to fill it. His title to the office thus ac- quired is attacked in this proceeding on the ground that the board had no legal warrant for appointing him to it. The learned court below sustained the relator's contention and entered a judgment of ouster against the respondent, from which he appealed. "It is conceded by the learned counsel for the appel- lant that the relator's right to have the case decided under the act of 1862 was absolute and could not be taken from him or in anywise impaired by any act of the opposing candidate, but he insists that this right was lost by the ELECTION OF DIRECTORS; FILLING OF VACANCIES 39 inaction of the board prior to its reorganization in Jnne. In other words it is claimed in support of the appeal that the postponement by the board of the performance of its duty under the act, deprived it of jurisdiction, extinguished the relator's statutory right and created a vacancy in the of- fice, to be filled by it under section 7 of the act of May 8, 1854. The consequences of an allowance of this claim are well calculated to raise a doubt respecting the soundness of it. In the first place the proposition that the effect of the neglect or refusal of the board to discharge its plain dutv when the parties appeared before it, was to deprive them of their statutory rights and it of the power to perform that duty at a subsequent meeting, is not tenable. There is nothing in the statute which in terms or by necessary im- plication attaches such consequences to the non-perform- ance of the duty it imposes. The provision in relation to the time of appearance by the parties was complied with by them, and while it may be inferred from this provision that it was the duty of the board to determine their rights at that time, there is no legislative mandate to this effect, nor pen- alty prescribed for a failure to do so. Having regard to the subject-matter, object and language of the act of 1862, we are of the opinion that the provision in regard to time is directory only and that the board could have lawfully de- termined the rights of the parties thereunder at any lawful meeting held at or before the beginning of the school year when the term of office for which they were candidates com- menced. The law puts the duty of determining their rights under it upon the board of school directors of the proper district. The board is composed of six persons, two of whom retire from it at the end of each school year and their places are taken by persons chosen for them at the preced- ing election. The change thus effected in the membership of the board has no effect upon its powers and duties under the act of 1862. It follows from these views that it was the duty of the reorganized board to comply with the relat- or's request and determine his rights to a seat therein, and that neither its refusal, the neglect of the board before the change of membership in it, nor the act of May 8, 1854, 40 COMMON SCHOOL LAW authorized the appointment to which this litigation relates. We conclude, therefore, that the learned court below did not err in entering the judgment complained of."^^ Women eligible to office of school director. 103. Women, twenty-one years of age and upwards, shall be eligible to any office of control or management under the school laws of this state. ^'' Legal residences. 104. Wherever by the requirements of any law, a par- ticular residence is a necessary qualification for the election or appointment of any officer, removal from such residence shall operate as a forfeit of the office. ^^ Vacancies without resignation. 105. Every member ceasing to be a resident of the dis- trict for which he was a director, thereby vacates his office without resignation, from the day when he ceases being a resident, and the fact being known and entered on the min- utes, another is to be appointed in his place. The same principle applies to changes of residence from one ward to another in cities and boroughs, except in cases where the election is by a concurrent vote.^^ Adopting city charter. 106. It is held that school directors of a borough do not lose their offices upon the adoption of a city charter. 3° Title of school director. 107. Where the right to an office is in question, the controversy must be settled by a quo warranto and not by mandamus.3' 26. Commonwealth vs. Meanor, 167, Pa. 292, 1895. 27. Sec. 3 of Article X of the Constitution of Pennsylvania. 28. Act May 15, 1874, Sec. 12, P. L- 187. 29. School Laws and Decisions, page 49, 1903. 30. Knew vs. Krause, 3 Pa. C. C. 563, 1887. 31. Carlisle School District vs, Humrich, 18 Pa. C. C. 322, 1893 ELECTION OF DIRECTORS; FILLING OF VACANCIES 4 1 Directors exempt from serving in certain offices. 108. All directors shall be exempted from serving in any township, city or borough office, and from the perform- ance of any militia duty.^^ The exempting from township, city or borough office, does not prohibit the holding of these offices, except that of auditor and tax collector, but merely confers the right to be excused, if the director desires it.^^ Incompatibility of officers. 109. The office of school director is incompatible with that of collector of school taxes, (relating to Schuylkill county, see special act of February 17th, 1859, P. L. p. 51) constable,^'* paymaster, commissioner of roads, township or borough auditor and county commissioners.^s School director can act as judge. no. A candidate for school director can act as judge of the election at which he is beins^ voted for.^^ 32. Act May 8, 1854, Sec. 10, P. L. 619. 33. School Laws and Decisions, page 47, 1903. 34. Act May 8, 1876, Sec. i, P. L. 179. 35. Act May 15, 1874, Sec. 7, P. L. 187. 36. Commonwealth vs. Whitlock, 12 D. R. 791, 1903. CHAPTER V. ORGANIZATION OF BOARDS OF DIRECTORS AND CONTROL- LERS. OFFICERS AND DUTIES. PAGE Ii6. When board shall organize 43 117. Factional organization 43 118. Oath of office 45 119. Officers of the board 45 120. Business at meeting of organization 46 121. Election of secretary 46 122. How to determine the rights of rival candidates 46 123. Certificate of election 47 124. Commencement of term 47 125. When term expires 47 126. Duties of officers. The president 48 127. Deeds and contracts 48 128. Orders 48 129. President cannot employ teachers 48 130. President cannot employ attornej- 48 131. President's duties at close of school year 49 132.. President's liability 50 133. The secretary. Duties. Compensation 50 134. Names and addresses 50 135- Countersign 50 136. Monthly reports 51 137. End of the term 51 138. Last adjusted valuation 51 139. Duplicate 51 140. " I'ennsylvania School Journal " 51 141. Deeds, contracts, etc. 51 142. Required to sign orders : 51 143. May receive a salary 52 144. No extra compensation 52 145. Treasurer cannot be secretary 52 T46. Duty of secretary after annual appointment of teachers 52 147. The treasurer. Bond. Powers and duties 52 148. When to enter office 53 149. Payment of orders 53 150. Teachers' rights 53 151. Violation of dut)' of treasurer to purchase school orders 53 152. Orders on the treasurer 53 153. Executions. Manner of payment 53 154. Reappointment of treasurer 54 155. Settlement 54 156. Settlement by the auditors 54 157. Treasurers' accounts in independent districts 54 158. Percentage 54 159. Liability of treasurer for failure to pay money to successor 54 160. Embezzlement 54 ORGANIZATION OF BOARDS OF DIRECTORS 43 PAGE 161. Annual settlement of treasurer 55 162. When settlement is conclusive 55 163. Erroneous surcharge of treasurer. Remedy 55 164. Bank 55 165. Unlawful payment. When treasurer liable 55 166. No discretionar}' power of treasurer 55 167. Penalty for failure of treasurer to pay over funds... 56 168. Power to remove treasurer 56 When board shall organize. 116. The organization of each board of school direc- tors shall be had on the first Monday of Jnne or within ten days thereafter in each year.' Factional organization. 117. In this case all the directors were legally elected but the board was divided into two warring factions in sec- tions of three each. Each faction met within the time pre- scribed by law and declared the seats of the other three members vacant, on the ground that after due notice they had neglected to attend regular meetings of the board. Each board filled the vacancies and then proceeded to or- ganize and assumed authority in all matters relating to the schools. On petition of more than six taxable inhabitants 01 the district, the court of quarter sessions found that the boards had not been lawfully organized, removed both sets of directors and appointed entirely new men in their places. On appeal to the Supreme Court, Mr. Justice Dean said, in part : — " The testimony convinced the learned judge of the court below, that these parties, instead of honestly attempting organization, each set of three was trying to usurp all the power and exclude the other three from any share of control. Each had a previous knowledge of the meetings held by the other ; at any one of these the whole six could have met and organized, had that been the pur- pose ; and if they had done so, no question could have been raised as to the fact of legality of the organization. But they purposely refrained from meeting together for such organization, because that would have included in the local board the obnoxious members. There are many pro- I. Act April 22, 1863. Sec. x, P. L,. 523. 44 COMMON SCHOOL LAW visions in onr statntes for such conting^encies. The act of March i6th, i860, Sec. 2, provides that, any township of- fice failing to give the security required by the first section of the act within one month after his election, his office shall be declared vacant. Justices of the peace elect must file acceptance of office to which they are elected within a fixed time, or there is a vacancy. In all such cases, the non-performance of the preliminary duty enjoined is a fact determinable by proof as in other cases, just as the fact of death or resignation creates the vacancy to be filled by appointment. The same power given to the board by section 8 of act of 1854, to declare the seat of a member vacant for nonattendance at a regular meeting of the board, or to declare the seat of one who has assumed the duties of the office vacant on failure to attend two regular meetings, has been given the court in case of failure of the wdiole board to organize. Nor does section 4, article VI, of the new constitution repeal section 9 of the Act of 1854. The constitution provides that: "All officers shall hold their offices on the condition that they behave themselves well while in office, and shall be removed on conviction of misbehavior in office, or of any infamous crime." While the court, in -the decree, uses the words ''are hereby removed from office," the finding on which the decree was based is distinctly that the board had not been organized ; in other words, a vacancy existed, it was so declared, and then filled by appointment. They held no office in the board directed to be organized on the first Monday of June, 1893, because they wilfully refused to organize that board within the plain meaning of the law. Hence there was a vacancy, just as in the case of the super- visor who refuses to file his bond, or of the justice of the peace who refuses to file his acceptance of the office. They were not removed from office in the school board ; by their wilful disregard of the law they never had office in it. The constitution has no application to such a case. In the case of neither board was there any such organization as the law contemplates. To hold otherwise would lead to results in many cases wholly subversive of good order ORGANIZATION OF BOARDS OF DIRECTORS 45 and stability in the control and management of the com- mon schools. Fonr members of the board are necessary to the transaction of all business, except that of filling- vacancies. If, as is not doubted, less than four can declare and fill vacancies, how many independent boards, under such mere pretence as the evidence here shows, may be organized in a district? In this case there were but two ; but the fractions of faction are not necessarily limited to halves ; they may be thirds or even less, all claiming to be regularly constituted, and each attempting to control the school interests of the unfortunate district. This is not organization, but disorganization, and when the court below found as a fact that neither board had been legally organized its decree was right. ^ Oath of office. 118. Directors must take oath of office before entering upon tlie duties of such office that he will support the con- stitution of the United States and the Constitution of the Commonwealth of Pennsylvania and the laws thereof; that he has used no unlawful means to procure his election to said office, and that he will discharge the duties of said office for the district in which elected, faithfully and im- partialh', and to the best of his understanding and ability. ^ The school directors are authorized to qualify each other, by oath or affirmation, that they will faithfully dis- charge the duties of said office. They are authorized to certify the same to the proper authorities. It is the duty of the person chosen to act as secretary to qualify the person chosen to act as president, and the president in turn shall qualify all the other members of the board.* Officers of board. 119. Each board of school directors and each board of controllers, in cities and boroughs, shall meet and organize by choosing a president and secretary, who shall be mem- 2. Duller Township School District Case, 158 Pa. 159, 1893. 3. Act April 16, 1891, sec. i, P. L. 22. 4. Act June 25, 1895, P. L. 284. 46 COMMON SCHOOL LAV/ bers of the board, and a treasurer, who may be a member of the board or otherwise, at the discretion of the directors or controllers.^ Business at meeting of organization. 120. The first business at the meeting for organiza- tion, after the temporary organization, is the reading of the returns of election, to ascertain who are members. 2. — Directors elect can exercise none of the powers pertaining to their office until after the organization of the new board, which cannot take place until on or after the first Monday of June. 3. — If a board of directors fail to organize, it is such neglect of duty as will justify the court of quarter sessions, upon the complaint of six tax- able citizens of the district, and upon due proof thereof, to declare their seats vacant, and appoint others in their stead. 4. — If the school directors neglect to organize within ten days after the first Monday of June, as specified by law, they may do so at a future time, and such organization will be strictly legal, if no final steps should be taken in the meantime to remove the directors elect from office by due course of law. 5. — The officers and members of the old board aie to perform their several duties until the first Monday of June. The organization of the old board ceases with the first Monday in June, but steps should be previously taken for calling a meeting of the new board in accordance with the law.^ Election of secretary. 121. The board of school directors in every borough and township within this Commonwealth, annually, upon their organization or within twenty days thereafter, shall elect some suitable person as secretary, who may be a member of said borad, or otherwise.'' How to determine the rights of rival candidates. 122. A board of school directors should be tempor- arily organized by the persons whose right to office is un- 5. Act May 8, 1854, Sec. 12, P. L. 619. 6. School Laws and Decisions, page 55, 1903. 7. Act April 22, 1905, P. L. 285, ORGANIZATION OF BOARDS OF DIRECTORS 47 disputed. After such temporary orgauizatiou, the rights of rival candidates may be passed upon by the meeting, and the one who is shown, in the opinion of a majority of the meeting, prima facia, entitled to the disputed office should be recognized and admitted, having first taken the prescribed oath of office. A certificate from the clerk of the court of quarter sessions in due form, showing that he had received a majority of the votes cast for the office in question, would support such prima facie right thereto.^ Certificate of election. 123. It is the duty of the school board to accept the certificate of the election board, when properly made out, as to who was elected to the office of school director ; but if it is shown by admissions that the certificate was made out by two of the members of the election board, some days after the election, in the absence and without the knowledge ot the other members of tlie board, it is not conclusive. ^ Commencement of term. 124. The term of office of school directors shall com- mence on the first Monday of June ; Provided, That the provisions of this act shall not extend to the city of Phila- delphia, nor to the county of Alleghany, nor to the cities of Reading and Lancaster. '° When term expires. 125. Judge Love said: "The school law provides, that if the board fail or refuse to organize, upon petition to court, their offices may be declared vacant, or they be removed from office and the court appoint to fill such vacancies. * * * There is no provision of the law providing that mem- bers of the board shall hold over luitil their successors duly qualify. And the fact that the law provides for the prompt and summary removal of school directors and the appointment of others by the court shows the clear intent of the leofislature that when the term for which a director 8. Commonwealth vs. Fletcher, 180 Pa. 456, 1S97. •9. Commonwealth vs. Whitelock, 12 D. R 791, 1903. 10. Act April 22, 1863, P. L. 523. 48 COMMON SCHOOL LAW has been elected has expired, he at once ceases to be a director, and is therefore without any power or authority to take any action that would bind the district."" Duties of officers. The president. 126. The president shall preside at the meetings of the board, call special meetings when necessary, issue the duplicate and warrant for the collection of the district taxes, take sufficient bond from the district treasurer for the faith- ful discharge of his duty, and sign the certificate of the assessment of the district taxes, and all orders issued on the district treasurer by order of the board, also the annual re- port of the district to the county superintendent, and gen- erally do and perform all other acts and duties lawfully per- taining to the office of president of the board,'^ Deeds and contracts. 127. All deeds and contracts by the district, including those with teachers, are to be signed by the president. The president votes on every question like every other member.'^ Orders. 128. He has no power to draw an order on the treas- urer, unless directed by resolution of the board.'"^ President cannot employ teachers. 129. If the president engages a teacher, without au- thority, the contract is not binding on the district ; but if the directors in any way recognize the contract, the district is bound to pay the salary agreed upon, until he is legally discharged. '5 President cannot employ attorney. 130. The president of a school board has no authority to bind the board by employing an attorney and authoriz- 11. Stincliff & Co. vs. Taylor Township School District, 10 D. R. 697, 1901. 12. Act May 8, 1854, Sec. 13, P. L. 619. 13. School Laws and Decisions, P. L- 57, 1903. 14. 2 Wh. Dig. 605, P.L. 17. 15. 2 Wh. Dig; 605, P. L. 20. ORGANIZATION OF BOARDS OF DIRECTORS 49 iiig him to enter judgment in behalf of the school district. The employment must be made by the board. '^ President's duties at close of school year. 131. As soon as the schools of any district shall have closed for the school year, commencing on the first Mon- day of June preceding, the president of the board of direc- tors or controllers, shall certify, under oath or affirmation, as to the wliole number of months the schools in their re- spective districts have been kept open and in operation, according to law ; also that no teacher has been employed for, or had charge of any of the schools of said district, dur- ing the year, who had not a valid certificate from the county superintendent, together with the name and post office address of the district treasurer, and shall forward the same to the county superintendent, who shall immediately ap- prove said certificate, if found to be correct, and transmit it to the state superintendent of common schools ; if it shall appear, by said certificate, that the schools of the district have been kept open and in operation, according to law, at least seven months subsequeut to the first Monday in June preceding, and that no teacher has had charge of any of the schools of the district, during the whole time they have been kept open during the year, who had not a valid cer- tificate from the county superintendent, shall draw his war- rant upon the state treasurer for the whole amount whicli such district is entitled to receive from the annual state appropriation : Provided, That the board of directors or controllers, shall, at the same time, forward to the county superintendent a report of the condition of the schools in their respective districts, as directed in the twenty-third section of the act of May eighth, one thousand eight hun- dred and fifty-four, P. L. 621, supra sec. : And provided, further, That the said certificate and report shall have been transmitted to the superintendent of common schools, on, or before, the fifteenth of July, of the school year succeed- ing the one for which the certificate and report was made.''' 16. Commonwealth vs. Kerr, 25 Pa. C. C. 645, 1902. 17. Act April 17, 1865, sec. 3, P. L. 62, as amended by act April 4, 1899, P. L. 31- 50 COMMON SCHOOL LAW President's liability. 132. It is held that the president of a school board act- ing for the same, or pretending to act for it, in making a contract which the board had no power to make, thereby be- comes individually liable thereon.'^ If the president and secretary draw an order without authority, they are guilty of a misdemeanor ; and if the board direct an order to be drawn for any other than a legitimate purpose, they subject themselves to indictment.'^ The secretary. Duties. Compensation. 133. The secretary shall keep full minutes of all the proceedings of the board, in a book provided for that pur- pose, prepare the duplicate of scliool tax, keep an account of all abatements and exonerations made by the board, pre- pare, attest and forward to the county superintendent, the annual certificate that the schools have been kept open dur- ing the minimum period specified by law, also the annual report of the district, prepare and attest all orders on the treasurer, and do and perform all other acts and duties law- fully pertaining to the office of secretary of the board ; and for his services shall receive such compensation as the board may direct. '° Names and addresses. 134. The names and postoffice addresses of the presi- dent, secretary and treasurer, are to be sent upon the organ- ization of the board, at the first meeting after the annual election of directors, by the secretary, to tlie superintendent of public instruction, at Harrisburg, and also to the county superintendent. Countersign. 135. The secretary is to countersign — that is, officially attest all deeds and contracts of the board, after they have been signed by the president. If the board has a seal, the secretary is to have the custody of it, and is to affix it to all deeds and contracts signed by the president. 18. Forcey vs. Caldwell, 9 Atlaii. 466. 19. 2 Wh. Dig. 605, page 19. 20. Act May 8, 1S54, vSec. 14, P. L- 619. ORGANIZATION OF BOARDS OF DIRECTORS 5 1 rionthly reports. 136. The secretary is to receive the monthly reports from the teachers, examine them, and if correct sign them ; if not correct he is to have them made so before issuing the monthly order for the teacher's salary. End of the term. 137. At the end of the term, the books of monthly re- ports are to be deposited with the secretary, and kept by him until the commencement of the next term. Last adjusted valuation. 138. The secretary is to see that the " last adjusted valuation" of taxable persons and property is procured from the county commissioners in time for the making out of the duplicate. Duplicate. 139. The duplicate is to be made out by the secretary under the direction of the board. He is also to counter- sign it, and keep an account of all exonerations. ♦* Pennsylvania School Journal." 140. The "Pennsylvania School Journal" when sup- plied to each district at the expense of the state, is sent to the secretary, and each copy is to be by him laid before the board at the next meeting after its reception. The file of the Journal, thus received, is also to be pre- served and transmitted to his successor in office. Deeds, contracts, etc. 141. The secretary is to keep the deeds, contracts and other valuable papers and documents of the district and transmit them to his successor.^' Required to sign orders. 142. If he refuse to sign an order legally drawn by the president, the board may appoint a secretary pro tem. to do it ; and may also remove the secretary from the office of director, for refusing to act in his official capacity." 21. School Laws and Decisions, page 58, 1903. 22. 2 Wh. Dig. 605, page 17. 52 COMMON SCHOOL LAW flay receive a salery. 143. A school director may receive a salary for acting as secretar}^ of the board, notwithstanding section 66 of the criminal code, which does not apply to the secretary of a school board. ^-^ No extra compensation. 144. He cannot receive for services rendered apart from his office of secretary' ; as for delivering books to various school houses in the district.^* Treasurer cannot be secretary. 145. The offices of secretary and treasurer cannot properh' be filled by the same person.^'' Duty of secretary after annual appointment of teachers. 146. Immediately after the annual appointment of teachers of each district, the secretary of the board shall send a written list of their names, and tlie schools to which they have been respectively appointed, to the proper county superintendent, with a notice of the day upon which the ensuing term of school, in the district, will commence, and the termination thereof, as directed by the board ''' The treasurer. Bond. Powers and duties. 147. The treasurer shall give bond to the president for the use of the district, in such amount and with such securities as shall be approved by the board, for the faith- ful performance of his duty ; he shall receive all state appropriations, district tax, and other funds of the district, and pay thereout all orders of the board signed by the president and attested by the secretary' ; he shall settle his accounts annually with the directors or controllers, in default of which he shall not be re-appointed ; he shall pay over the balance without delay to his successor in office, and generally do and perform all acts and duties lawfully pertaining to his office, as district treasurer, and shall be 23. CommonwealUi vs. Mackin, 8 Kiilp 176, 1896. 24. Black vs. School District, 16 Monlg. 179, 1900. 25. 2 Wh. Dig. 605 page 21. 26. Act April mil, 1862, Sec. 4 P. L. 472. ORGANIZATION OF BOARDS OF DIRECTORS 53 allowed to retain not exceeding two per cent, on tlie money passing through his hands for his services.^^ When to enter office. 148. The treasurer is not to enter upon the duties of his office till his official bond has been presented and appr- oved by the board. Payment of orders. 149. A treasurer has no right to go behind a school order to inquire into the propriety of its amount. If it be for a legal purpose and signed by the president and attested by the secretary, he must promptly pay it, without delay or objection, upon presentation by the rightful holder, in legal currency, or as good current money as he received. If he has no school money in his hands, that cause or refusal to pay should be immediately reported to the directors, who should take prompt measure to obviate the difficulty. Teachers' rights. 150. It is the legal right of teachers and others to have their school orders paid in cash upon presentation to the treasurer without hindrance or delay. Violation of duty of treasurer to purchase school orders. 151. It is a gross violation of duty for a school treas- urer to purchase school orders ; and if he does it with his own funds when there is money in the treasury, he should be immediately removed from office, and punished for the offence. Orders on the treasurer. 152. Every order should state on its face the purpose for which it was drawn. If it does not, the treasurer is not bound to pay it; or the auditors on the settlement of his accounts may refuse to allow it. Executions. Manner of payment. 153. Executions are to be paid by the treasurer, out of anv "unappropriated'' funds in his hands, or which shall first come into his hands. "Unappropriated" here means money in the treasury beyond the amount of the orders 27. Act May 8, 1854, Sec. 16, P. L. 620. 54 COMMON SCHOOL LAW issued by the board but not paid, previous to the service of the writ of execution. An amount sufficent to pay those previously issued orders to be regarded as appropriated. Reappointment of treasurer. 154. No treasurer is to be reappointed until his ac- counts for the preceding year have been settled by the board, and audited by the district auditors. Settlement. 155. The settlement by the board is for the purpose of ascertaining the condition of the district accounts, the amount of tax, etc., paid in, and of money paid out, and the balance on hand, if any, for the information of the board. Settlement by the auditors. 156. The settlement by the auditors, of the treasurer's accounts, is to verify those accounts, and to enable an ap- peal to be taken to court, by either party, if the case de- mand it. Treasurer's accounts in independent districts. 157. The accounts of treasurers of independent dis- tricts will be settled by the auditors of the township from which the district was taken. Percentage. 158. Percentage is not to be allowed to any out-going treasurer, on the unexpended balance in the district treasury, handed over to his successor. Liability of treasurer for failure to pay money to successor. 159. Treasurers who refuse or neglect to pay over to their successors in office any balance of funds in their hands, are liable to the district for interest on the same from the time when this should have been paid over. Embezzlement. 160. If a school treasurer should convert to his own use, or use by way of investment, any school moneys in his hands, or prove a defaulter, the act will be deemed an em- bezzlement, and be punished as a misdemeanor.^^ 28. School Laws and Decisions, page 62, 1903. ORGANIZATION OF BOARDS OF DIRECTORS 55 Annual settlement of treasurer. 161. The treasurer shall setile his accounts annually witli the directors or controllers, in default of which he shall not be re-appointed.^'^ When settlement is conclusive. 162. A settlement by township auditors of the ac- count of the treasurer of a school district is conclusive un- less an appeal is taken. 3° Erroneous surcharge of treasurer. Remedy. 163. The remedy of a school district treasurer for erroneous surcharge at an audit of his accounts is by an appeal from the audit as provided by law ; it is too late to raise the quesiion upon a motion to strike off the report.-^' Bank. 164. The treasiirer of a school district deposited the money of the district in a bank, to his account as treas- urer. The bank failed. Suit was brought to recover the amount of the treasurer and his suretv. It was held, that the bank having a reputation of solvency, and there being no negligence on the part of the treasurer, that there could be no recovery, but the loss must fall on the school district and not upon the treasurer individually.^^ Unlawful payment. When treasurer liable. 165. The treasurer of the school fund, who was also a school director, and voted in favor of an unlawful payment, cannot shield himself from liability under the warrant of the board of directors.^ No discretionary power of treasurer. 166. He has no discretionary power, but must pay the order, when presented, if he has funds ; and the auditors cannot refuse to receive these orders as vouchers, even if drawn for an illegal purpose.^* 29. Act May 8, 1854, Sec. 16, P. L. 620. 30. Porter vs. School Directors, 18 Pa, 144, 185 1, 31. Comnjonwealth vs. Joyce, 3 Pa. Superior Ct. 609. 1897. 32. School vs. Stoner, 16 Mont. 107, 1900. 33. The Township of Dickinson vs. L,inn, 36 Pa. 341, i860. 34. 2 Wh. Dig. 605, P. L. 23. 56 COMMON SCHOOL LAW He may be compelled by mandamus to pay an order^ when he has funds in his hands, and sets up no defence in his answer. 35 He is not warranted in refusing to pay an order prop- erly drawn, for a legal indebtedness, because the board has failed to provide funds sufficent to pay all indebedness of the district, or because payment of the order would not leave enough money in the treasury to meet current ex- penses. ^^ Penalty for failure of treasurer to pay over funds. 167. His refusal to pay over the whole funds in his possession, on demand, is evidence that he has used them for his private purposes, and subjects him to criminal prosecution. 37 Power to remove treasurer. 168 It appears that the board of directors of the Home- ward sub-school district, in the City of Pittsburg, at its or- ganization, in June 1900, chose the respondent treasurer of the board. iVt a subsequent meeting this action was recon- sidered and another person chosen in his place. On the appeal the Supreme Court decided that the office of treasurer of a school board is an appointed officer within the meaning of the constitution and removal at the pleasure of the board. 3^ 35. Commonwealth vs. Johnson, 24 Pa. Superior Ct.490, 1904. 36. Commonwealth vs. Virtue, 13 Lug. L. Reg. Rep. 191, 1904. 37. 2 Wh. Dig. 605, page 26. 38. Commonwealth vs. Sulzner, 198 Pa. 502, 1901. CHAPTER VI. MEETINGS. VACANCIES. APPOINTMENTS. PAGE 169. Meeting of directors and controllers 57 170. " Stated and regular meetings of boards " defined 57 171. School directors have power to declare vacancies and make appointments 58 172. School directors sustained in removing absentees and appoint- ing others.. 58 173. Proceedings to ouster a director for absence. Meaning of expressions "to meet at the call of the president," "to adjourn to a time and place certain," and "special or adjourned meetings" 60 174. Procedure upon convening of board 62 175- Quorum 62 176. Motions and resolutions 62 177. When no business can be transacted 63 178. Tie vote loses the question 63 179. Regular meeting 63 180. Special meeting of the board. By whom called 63 181. President and secretary pro tempore 63 182. To prevent delay 64 1S3. Directors' annual meeting. Compensation 64 184. When city treasurer becomes school treasurer 64 Meeting of directors and controllers. 169. Each board of directors and controllers shall hold at least one stated meeting in every three months ; and such other meetings as the circumstances of the district may require, shall be held at such time and place as may be designated by the president and secretary, upon due no- tice given to each member of the board. If less than a majority of directors or controllers attend any meeting, no business shall be transacted thereat, except that of adjourn- ment, and of appointment to fill vacancies in the board.' '* Stated and regular meetings of boards " defined. 170. The terms, "stated meeting" or ''regular meet- ing" of a board of directors or controllers, whenever they occur in the act to which this is a further supplement, (act May 8, 1854, P. L. 617) shall hereafter, be taken to mean the first meeting thereof, for organization, after the annual election of directors or controllers, and the monthly, or I. Act May 8, 1854, Sec, 17, P. L. 620. 58 COMMON SCHOOL LAW other periodical meetings, held thereafter, in accordance with the standing regulations of the board ; but if there are no standing regulations, then every meeting, held in succession, from said first meeting for organization, by ad- journment to a time and place certain, and so entered on the minutes of the proper board, shall be, to all intents and purposes, regarded as a regular meeting.^ School directors have power to declare vacancies and make appoint^ ments. 171. Tliat if any person duly elected a school director shall refuse to attend a regular meeting of the board, after having received written notice from the secretary to appear and enter upon the duties of his office, or if any person hav- ing taken upon him the duties of his office as director, shall neglect to attend any two regular meetings of the board in succession, unless detained by sickness or prevented by absence from the district, or to act in his official capacity when in attendance, the directors present shall have power to declare his seat in the board vacant, and to appoint an- other in his stead to serve until the next regular election. ^ School directors sustained in removing absentees and appointing others. 172 The seats of three members of the school board of Pittston township, were declared vacant on August 24, 1896, and other persons appointed in their stead. This action of the directors was taken in supposed pursuance of the act of May 8, 1854. It is not denied that the three members failed to attend the meetings of the board held on the 17th, 20th and 24th of August, 1896. If these were "regular" meet- ings in contemplation of law, then the action taken was within the jurisdiction of the directors, and their discretion cannot be impeached in this proceeding All official delib- erative bodies have the inherent right to assemble in pur- suance of a previous adjournment. Where the record of minutes of a previous meeting shows an adjournment to a time and place certain, then such adjourned meeting will be considered regular. Act April II, 1862, Sec 3, P. L. 471. Act May 8, 1854, Sec. 8, P. L. 618. MEETINGS VACANCIES APPOINTMENTS 59 But it is claimed in the present case that the general rule applicable to deliberative bodies is qualified in the case of school directors, by act of April 11, 1862, P. L. 471, which in section 3, provides that "the term stated meetings or regular meetings .... shall hereafter be taken to mean the first meeting thereof for organization after the annual elect- ion of directors or controllers, or the monthly or other per- iodical meetings held hereafter, in accordance with the standing regulations of the board.'' This act, however, con- tains the following additional provision: "But if there are no standing regulations, then every meeting held in suc- cession from the said first meeting for organization by ad- journment to a time and place certain, and so entered on the minutes of the proper board, shall be to all intents and and purposes regarded as a regular meeting." The board of directors of the Pittston township district has never adopted any standing rule or regulation in reference to the time of holding regular monthly meetings. It seems to have been their practice to meet from time to time, at the call of the chairman. This is shown by the minutes. The meetings of the 3d of August, of the 17th, and of the 20th, all seem to have been held in a regular manner, — the first at the call of the chairman, and the others in pursuance of adjournment properly noted on the minute book. At a meeting on the 20tli, there being but two directors present, an adjournment was ordered to the 24th at 7:30 P. M. in the Morgan Lane schoolhouse. This also appears on the minutes. It would seem, therefore, that the adjourned meeting held on the 24th of August, 1896 was regular in all respects. And it appears from the depositions that the three members were duly not- ified of the meeting, but did not see proper to attend it. Upon appeal to the Supreme Court, a Per Curian opinion was delivered as follows, to wit: The office of school director was intended to secure a fair and intelligent administration of the school laws in the interest of public education. When these officers can- not, or will not, discharge their duties, the law provides for their prompt removal and the appointment of others better able or more willing to serve the public with fidelity. An 6o COMMON SCHOOL LAW examination of the case has satisfied us that a proper oc- casion for the exercise of this power of removal and appoint- ment had arisen in Pittston township, and that it was exer- cised in a regular and valid manner. •* Proceedings to ouster a director for absence, fleaning of expres= sions " to meet at the call of the president," " to adjourn to a time and place certain," and " special or adjourned meet= ings." 173. The board met for organization on June 5th ; this was admittedly a regular meeting and the relator was present. This meeting adjourned " to meet at the call of the president," and on such call a second meeting took place on June 15th, from which the relator was absent. This was not a regular meeting by the terms of the statute, not being held in accordance with any standing regulations of the board nor by adjournment " to a time and place certain." It was merely what is known in the common usage and understanding of legislative and cor- porate bodies as a special or adjourned meeting. The board however at this meeting adopted a standing regula- tion that " the regular monthly meeting was to be held at Hecksherville and Black Heath, on the first Saturday of every month, at half past six o'clock." The next meeting took place in accordance with this regulation on July i, the first Saturday of the month. This was a regular meeting and the relator having been absent must have this counted against him. This meeting ad- journed to July 10, at which date another meeting took place, from which relator was absent. This was not a reg- ular meeting within the present question, because the standing regulation adopted June 15 had fixed the first Sat- urday of every month for such meetings. It was, there- fore, merely an adjourned meeting and the relator's absence was immaterial in the present controversy. The next meeting, and the last with which we are con- cerned, took place on August 5, the first Saturday. This was a regular meeting, and made the second in succession from which the relator was absent. The action declaring 4 Keating vs. Jordan, 181 Pa. 168, 1897. MEETINGS VACANCIES APPOINTMENTS 6 1 his seat vacant was taken at this meeting. It was clearly premature and therefore void. It is claimed by the relator that he was on his way to the meeting, though somewhat late, and that the action of the board was hurried through, and the meeting adjourned in order to prevent his attend- ance. On the other hand appellants claim that the resolu- tion to vacate the seat was the last thing done before ad- journment, and that the meeting was therefore over when this action was taken. It is not material to this case which version of the facts is correct. The action was void in either view. The statute does not authorize ouster for coming late to meetings, but for absence, and absence can- not be determined or declared until the meeting is actually adjourned. If the relator had entered the meeting during the vote on adjournment he would have had a right to par- ticipate in the proceedings, and to be counted as present at the meeting. It was distinctly held in Zulich vs. Bowman, 42 Pa. 83, that until the second meeting was over, it could not be finally ascertained that the member was absent. See also Genesee Township Independent School District vs. McDon- ald, 98 Pa. 444, 450. There is another equally conclusive reason why no ouster can be declared at the second meeting. The act does not make absence from two regular meetings necessarily a cause for ouster, but only " unless detained by sickness or pre- vented by absence from the district." Conceding that the burden of showing such excuse would be upon the absent member, he would nevertheless be entitled to notice and an opportunity to be heard to present it, and this could not be afforded without a subsequent meeting. The act is highly penal in that it permits a few individuals, liable to be gov- erned by personal feeling, as is intimated not only by the learned judge in this case, but also in Zulich vs. Bowman, supra, from the same county, to oust by summary proceed- ings the officer duly chosen by the electors to represent them in their school matters. The act, therefore, must be strictly 62 COMMON SCHOOL LAW construed, and every step in the proceedings must clearly appear to have been regular and within the authority con- ferred by the statute. ^ Procedure upon convening of board. 174. The minutes of the last preceding regular, and of all intervening special or called meetings, should be read immediately after calling the roll, at every regular meet- ing. But the minutes of previous meetings need not be read at any special or called meetings. Quorum. 175. Four members, regularly convened, can transact any business within the power of the board ; and the majority of a quorum (three) can decide any question except those specified in Act April nth, 1862, Sec. 4, P. h. 472, which are as follows, to wit : That no tax for school or building purposes shall be levied, no resolution shall be adopted for the purchase or sale of any school real estate, no school house shall be located or its location abandoned or changed, no teacher shall be appointed or dismissed, no an- nual school term shall be determined on, nor shall any gen- eral course of studies be adopted or annual series of text books be selected, in any common school district, except by the affirmative votes of a majority of the whole number of the directors or controllers thereof; and in each of said cases the names of the members voting both in the affirma- tive and the negative shall be so entered on the minutes of the board by the secretary. Motions and resolutions. . 176. All motions and resolutions of importance, such as those for the laying of tax, purchase or sale of houses and lots, fixing the duration of the school term, etc., should be put in writing by the person offering them, before being en- tertained by the president, and should be entered on the minutes at length. 5. Commonwealth vs. Gibson, 196 Pa. 97, 1900. MEETINGS VACANCIES APPOINTMENTS 63 When no business can be transacted. 177. If less than four members attend, no business can be legally transacted, except adjourning to some future time, then to be named, and filling vacancies in the board. Tie votes loses the question. 178. A tie vote loses the question ; that is, the same number of votes on each side ; or, rather, failing to carry by a majority of those voting, it leaves the question where it was before the vote was taken ; and, therefore, effects no change. Regular meeting. 179. Every regular meeting should adjourn to meet again at a time and place then agreed on, and so entered on on the minutes; unless the time and place are determined on by the standing regulations, which ought always to be the case.'' Special meetings of the board. By whom called. 1 80. If the president of board of school directors, or con- trollers, shall neglect or refuse to call special meetings when required by a written request, signed by three members of the board, such meetings may be called by any two members of said board; and any business transacted at a meeting so called, shall be legal, the same as though the meetings had been held pursuant to a notice given by the president.-' President and secretary pro tempore. 181. If the president or secretary shall absent himself from any meeting of the board, or being present, shall refuse to perform any duties of his office, a president or secretary pro tempore shall be appointed by members present, an en- try thereof being made on the minutes; and the acts necess- arily performed by such president or secretary pro tempore, during such meeting shall be as valid and binding on the Jpoard and district, as if they had been performed by the regular officer of the board.^ 6. School Laws and Decisions, page 67, 1903. 7. Act April 17, 1863. Sec. 2, P. L,. 62. 8. Act May 8tli, 1854, Sec. 15, P. L. 626. 64 COMMON SCHOOI. LAW To prevent delay. 182. This act is intended to prevent delay in the pro- ceedings of a board by the absence, or, if present, by the refusal to act of the regular officer. If others are appointed in such cases, pro tempore, the fact, either of absence or re- fusal to act, should be entered on the minutes, with the names of the persons substituted. This being done, the official acts of the officers pro tempore, or either of them, are as valid and binding on the district as those of the regu- lar officers would have been, had they acted. ^ Directors' annual meeting. Compensation. 183. It shall be the duty of each school director, in each of the districts of each county, to attend each annual meet- ing of school directors, called by the county superintendent for the purpose of considering and discussing questions per- taining to school administration ; and each school director attending such annual convention shall receive, for his neces- sary expenses, compensation at the rate of $2.00 per diem, and mileage at the rate of three cents per mile, to be paid out of the funds of the district which he serves. But the expenses shall not be paid for more than two days at any an- nual meeting.'" When city treasurer becomes school treasurer. 184. The city treasurer shall ex-ofiicio be school treas- urer, and before entering upon the duties of his office, shall give bond to the school directors, conditioned for the faith- ful performance of his duties, in such amount as the board shall direct, and with such sureties as by them approved ; and shall also before he enters upon his office take and sub- scribe an oath or affirmation of like nature as is hereinbefore prescribed by the city treasurer.'^ 9. School L,aws and Decisions, page 66, 1903. 10. Act April 10, 1905, Sec. 2, P. L,. 139. 11. Act May 23, 1874, Sec. 42, P. L,. p. 256. CHAPTER VIL POWER OF THE COURTS TO REMOVE DIRECTORS. PAGE 185. Power of the court of quarter sessions to remove directors 65 186. Removal of whole board for failure to organize 65 187. Meaning of "so far as the means of the district will admit "... 66 1S8. Removal for failure to elect necessar}- teacher 67 189. Removal for non-performance of duties 67 190. Power of the court of common pleas to remove directors 67 191. Power of the court to grant a rule upon the directors 68 192. Intentions of the act 68 193. Power of the court to remove directors under the act of June 6, 1903 69 194. Attorney fees cannot be taxed as costs 72 Power of the court of quarter sessions to remove directors. 185. If all the members of any board of directors or controllers shall refuse or neglect to perform their duties by levying the tax required by law, and to put or keep the schools in operation, so far as the means of the district will admit, or shall neglect or refuse to perform any other duty enjoined them by law, the court of quarter sessions of the the proper county may, upon complaint in writing, by any six taxable citizens of the district, and on due proof thereof, declare their seats vacant, and appoint others in their stead, until the next annual election for directors.' Removal of whole board for failure to organize. 186. A petition was presented to the court of quarter sessions under the above act of assembly praying for the removal of the directors for neglect to perform their duty in failing to organize as a board as required by act of April 22, 1863. The court said: "The act of 22nd of April, 1863, is peremptory in its injunction that the organization shall be on the first IVIonday of June or within ten days thereafter, and upon failure to organize, the court of quarter sessions may, upon petition of not less thad six taxable inhabitants of the district, declare their seats vacant and appoint others in their stead until the next annual election." I. Act May 8, 1854, sec 9, P.L. 617. 66 COMMON SCHOOL LAW " The directors elect did not organize within ten days after the first Monday of June, 1893, and this gave juris- diction to the court of quarter sessions to declare their seats vacant and appoint others The court did not determine their title to the office, it only determined whether those having an unquestioned title to the office had neglected to perform the official corporate act enjoined by law within the time fixed which was necessary to their existence as a school board. The court on competent evidence ascertains the fact, then the vacancy follows, and the power of appoint- ment by the court. There are many provisions in our statutes for such contingencies. The act of March 16, i860, sec. 2 provides that, any township officer failing to give the security required by the first section of the act within one month after his election, liis office shall be declared vacant. "Justices of the peace elect must file acceptance of office to which they are elected within a fixed time or there is a vacancy. In all such cases, the non-performance of the pre- liminary duty enjoined is a fact determinable by proof as in other cases, just as the fact of death or resignation creates the vacancy to be filled by appointment. The same power given to the board by section 8 of act of 1854 to declare the seat of a member vacant for non-attendance at a regular meeting of the board, or to declare the seat of one who has assumed the duties of the office vacant on failure to attend two regular meetings, has been given the court in case of failure of the whole board to organize. These directors hold no office because they failed to organize as the law requires. "Hence there was a vacancy, just as in the case of the supervisor who refuses to file his b3nd, or of the justice of the peace who refuses to file his acceptance of the office. By the wilful disregard of the law they never had office in it."^ Meaning of " so far as the means of the district will admit." 187. The words "so far as the means of the district will admit," do not justify directors in. providing means to keep the schools in operation any shorter term than seven 2. Butler township school district, 158 Pa. 159, 1893. Removal of school directors, 14 D. R. 717, 1905. POWER OF THE COURTS TO REMOVE DIRECTORS 67 months ; because the law expressly enjoins it on the board to keep them "in operation not less than seven nor more than ten months in the year." The discretion given, there- fore, only relates to those extremes, between which they may select any term suitable to the means of .the district. But if the directors do not keep the schools open at least the minimum term of seven months, the court will remove them from office.^ Removal for failure to elect necessary teacher. 188. Where a board of school directors, by reason of being unable to agree upon the amount of salary to be paid, have failed to appoint a necessary teacher, it is such a neglect of duty as will authorize the court of quarter sessions to de- clare their seats vacant and to appoint others in their stead/ Removal for non-performance of duties. 189. School directors will be removed from office where they have allowed school property to deterioate for need of repairs, have failed to pay their teachers and janitors, have neglected to supply fuel to the school, have permitted the schools to remain in an unsanitary condition, and have ap- plied current funds needed for current expenses to pay claims which should have been otherwise provided for.^ Power of the court of common pleas to remove directors. 190. Whenever the school directors or controllers of any city, borough, township or independent school district shall wilfully neglect or refuse to provide suitable houses, rooms or buildings in and for any school district within their jurisdiction and under their supervision and control, with ample room and seating capacity for the reasonable and convenient accommodation of all the school children re- siding within the district who may be in attendance, or who desire to attend the school or schools therein, then ten or more taxable citizens, residents of the said district, may set 3. School Laws and Decisions, page 51, 1903. 4. Bloomsburg School Directors, 121 Pa. 293, 1888. 5. Pittston Township School Directors, 30 Pa. C. C. 92, 1904. 68 COMMON SCHOOL LAW forth in writing the facts in the case, under oath or affirma- tion of at least six persons who signed the statement, and petition the court of common pleas of the county in which said school district is situated, or in vacation any judge of the said court, for the appointment of a competent inspector, whose duty it shall be to visit the district by order of the court or judge thereof, and inquire into the facts set forth in the complaint submitted, giviug due notice to the mem- bers of the board of directors against w^hom the complaint for neglect of duty is made, and to other persons concerned, and the said inspector shall report to the court or proper judge thereof, under oath or affirmation, of the result of his personal inspection and investigation, accompanied by state- ments of facts and proofs obtained in ihe case.^ Power of the court to grant a rule upon the directors. 191. If, after hearing the allegations and the proof offered to substantiate the charges set forth in the complaint or to disprove them, and, after having fully and diligently inquired into all the facts and circumstances bearing on the case in point, the aforesaid inspector finds that the directors or controllers have refused, neglected or failed, without valid cause for such refusal, neglect or failure on their part, to prove and maintain suitable and adequate accommoda- tions for the school children of the district as the law re- quires, he shall so report to the court or to the judge ap- pointing him, and the court in such case is hereby author- ized and empowered to grant a rule upon the directors or controllers then having jurisdiction in the district, or such of them as have wilfully neglected or failed without justifi- able excuse to perform the duties enjoined upon them by law, to show cause why the court or the judge thereof should not remove them from office and appoint others in their stead, until the next annual election for directors. ^ Intention of the act. 192. By the act of June 6, 1893, the legislature intended to confer a certain power of supervision of the discretion of 6. Act June 6, 1903, Sec. i, P. L. 330. 7. Act of June 6, 1893, Sec. 2, P. L,. 330. POWER OF THE COURTS TO REMOVE DIRECTORS 69 school boards on the state courts, which, under the act of May 8, 1852, P. L. 617, the courts did not have. It was also the purpose of the act to confer on the courts of com- mon pleas a power, through the appointment of an inspector to ascertain the facts and determine whether the directors have exercised a sound discretion in providing suitable ac- commodations for all the school children of the district ; but the findings of fact by such inspector are not conclusive in the court of common pleas. School directors are not entitled to notice of the time and application for the appointment of an inspector. All that the law requires is that they shall have notice of the investigation. It is no ground for reversing an order of the court of common pleas that the inspector appointed was an attorney at law.^ Power of the court to remove directors under act of June 6, 1893. 193. Under the school law of 1854, the courts of this Co nmouwealth have invariably refused'to interfere with the discretion of school directors in all matters, especially in the building and location of schoolhouses, for the reason that matters of discretion are not reviewable in law or equity. It is only in cases of bad faith equivalent to fraud that the courts would interfere, suggesting that the remedy for the abuse of discretion was in the votes of the taxpayers at the polls. The act of 1893, however, has expressly given to courts enlarged powers. Justice Dean, in delivering the opinion of the Supreme Court on an interpretation of this act of assembly in re rule upon G. S. Walker, Rose's App. 179 Pa. 24, says, among other things: "There is no doubt, however vaguely expressed, that the legislature intended by the act of 1893, to confer a certain power of supervision of the discretion ot school boards on the state courts, which, under the law of 1854, they did not therefore have." And further on in commenting upon the wording of section i, viz: "If the directors shall wilfully neglect or Gross' Appeal, 179 Pa. 24, 1897 Petition of Barr, 188 Pa. 122, 70 COMMON SCHOOL LAW refuse to provide houses, rooms or buildings, then on peti- tion of ten or more taxable citizens, the court shall act." "This imposes upon the court the duty" says Justice Dean, "through its own appointees of investigation and putting upon record the facts and testimony. If the inspec- tor then finds that 'without valid cause' the directors have neglected or refused to perform their duty, he shall report. " It will be noticed, the words, 'wilfully neglected and re- fused,' are here dropped, and the words, 'without valid cause,' substituted; words not by any means importing the same thing. If a duty be enjoined on an officer, his refusal to perform it is wilful. He has no discretion as to its per- formance. But if he be commanded to do a certain act, unless lie have a valid cause for not doing it, and he then refuses for cause, the question is at once raised between him and his superior, whether the cause is sufficient to excuse him in his disobedience; it brings the judgment and discretion of the subordinate at once under the supervision of his superior. And further reading of section 2, bears out this view. "It says the court is empowered to grant a rule on those directors who 'have failed without justifiable excuse' to perform the duty enjoined. "This discretion also settles another question raised in the same case; that is, that the finding of fact by the inspec- tor is not conclusive, liice that of an auditor, on the court below. His reported conclusions are subject to a careful review on the rule to show cause on school directors, which the act of assembly authorizes, in case the inspector finds tiiat the directors have refused, neglected or failed to pro- vide adequate accommodations, as required, ' without valid cause for such refusal, neglect or failure.' "We have very carefully examined the testimony and the report of the inspector in the case, because we feel that the power given us by the act of assembly should be exer- cised only in a very clear case. The facts in this case, as we gather them from the testimony taken by the inspector, are plain, and clearly show that there is an absolute necessity for a new schoolhouse at the village of Kirkwood, The testimony shows, as the inspector says, that there are thirty- POWER OF THE COURTS TO REMOVE DIRECTORS 7 1 eight children of school age in the village of Kirkwood, within a radius of half a mile from the center, and the near- est schools to the said village, which these pupils now at- tend, are each a mile and a half distant, and that the seating capacity for all school children residing within the district, who desire to attend these is insufficent to accommodate them. These facts are uncontroverted. The testimony also shows, and the inspector so reports as the fact, that there has been no change in school sites or locations during tlie the past sixty years, and no additional school house facil- ities were furnished in that time, and the school tax rate in said district in 1895 was but two and a half mills on the dollar, which was reduced to two mills in 1896, and that the board of school directors had reduced the salaries of teachers $2.00 a month; while the school law authorizes an amount of tax to be levied annually equal in amount to the county and state taxes, which is thirteen mills on the dollar for school purposes and an equal amount for building purposes, making in all twenty-six mills on the dollar. " It seems to us that there could scarcely be a stronger appeal made to the legal discretion of a court, than the one now before us. The abuse of discretion in this case is very clear, in our opinion, which compels us to make this rule absolute, the costs to be paid by the school district." In reviewing the case the Supreme Court, by Mr. Justice Dean, said:- "This wasaproceedingundertheact of June 6th, 1893, to remove the board of school directors of Colerian town- ship school district, Lancaster County, for neglect and re- fusal to provide suitable school houses within the district to accommodate all the school children residing therein. "The court appointed an inspector as provided by the act, who took much testimony on both sides, and in a very careful report finds that the averments of the petition are true. On the report being presented to the court additional testimony was taken in the shape of depositions ; the court again carefully considered the whole subject, and in an un- answerable opinion filed concurred with the inspector. 72 COMMON SCHOOL LAW "Then, an order or removal was made, a new board appointed, a tax laid and a new school honse built. From the decree of removal we have this appeal by the old board. "The principal assignment of error is an attack on the power of the court under the act of 1893. We shall not re- peat what we said in Ross's appeal, 179 Pa. 2s, and in Kittaning School District's Appeal 179 Pa. 60. After a careful consideration we adopt the construction of the act announced in these cases, and we adhere to it now. " Evidently when the legislature adopted the policy of largely increased state appropriations, it also adopted the policy of conferring on the state courts enlarged powers ot supervision. The millions of additional money appropri- ated were not intended to lesson local taxation, but to in- crease the efficiency of the schools. " The court below, on ample testimony, has found the facts warranted its decree; we would not touch it, unless there was a manifest error in its findings or a flagrant abuse of its discretion."^ Attorney fees cannot be taxed as costs. 194. On September 8, 1899, six taxable citizens of the school district of the borough of Alden presented a petition to the court of quarter sessions setting forth that the school directors of the said district had neglected to perform their duties as required by law, asking the court to declare their seats vacant and appoiut others in their stead. On this petition a citation was issued commanding the directors to show cause why their seats should not be de- clared vacant and others appointed in their stead. No answer was made to this citation, and on its return the seats of the members of the board were declared vacant and others appointed in their stead, the court making a decree that the costs of the proceeding should be paid by the school district. A bill of costs was filed amounting to $42.95, part of which was a fee of $25.00, for counsel, who conducted the proceedings. The school district declined to pay the coun- sel fee of $25.00, and this rule was taken to compel payment. 9. Petition of Barr, i88 Pa. 122, 1S9S. POWER OF THE COURTS TO REMOVE DIRECTORS 73 The act of assembly of May 8, 1854, P. L. 618, under which this proceeding was instituted, makes no provision for the payment of fees. Without some statute authorizing it none can be allowed. Commonwealth vs. Myers, 170 Pa. 380. No such statute has been pointed out by the petitioners. In re Incorporation of the Borough of Wayne, 7 Del., 545, while not exactly in point, decides the principle which governs this case. It is against the contention of the peti- tioners. Rule discharged.'" 10. In re School District of Alden Borough, 23 Pa. C. C. 416, 1900. CHAPTER VIII. DIRECTORS — CONTROLLERS TO ESTABLLSH SCHOOLS. PAGE 195. Establish schools 74 196. Discretionary powers of directors 75 197. Right of children to attend school 75 19S. No race distinction 75 199. Children of charitable institutions 76 200. Residence of pupils 76 201. Mechanic arts. Athletics 77 202. Free kindergartens 77 203. Duty of school directors to visit schools 77 204. Annual report to county superintendent 78 205. State appropriation forfeited 78 206. Power of directors and controllers to establish grades of schools 78 207. Regulation of grade and transfer 78 208. Deaf mute children. School board to open and maintain a special school for their education 79 209. Expenses paid out of school district funds 79 210. Indigent blind children. Expenses paid out of school funds... 79 2ri. Extension of time 80 212. Homes for friendless children. Powers of trustees and managers. May petition court Ko 213. Contents of petition to court of common pleas 80 214. Order of court and duty of county commissioners 81 215. Court to appoint one-third of trustees and managers 81 216. Duties of treasurer 81 217. Duty of auditors 81 218. Admission of friendless children 82 219. Visitors of institutions 82 220. Acceptance of act and employment of teachers 82 221. Admission of orphan and friendless children to the public schools. Tuition 83 222. Children of soldiers 83 223. Children not to be employed under certain age 84 224. Employers' register and contents 84 225. Affidavit by parent or guardian 84 226. When affidavit by child 84 227. Cost of affidavit 84 228. Qualifications of minors under sixteen. Exceptions 84 229. Teacher's certificate 85 Establish schools. 195. The board of directors of every district, and con- trollers in cities and boroughs, shall possess and exercise the following powers and perforin the following duties, together with the other powers and duties given and enjoined by this act. DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS 75 They shall establish a siifificient number of common schools for the education of every individual between the ages of six and twenty-one years, in their respective districts, who may apply for admission and instruction, either in per- son or by parent, guardian or next friend.' Discretionary power of directors. 196. Justice Williams said : — " In the performance of this statutory duty, the school directors must decide, in the exer- cise of their discretion, when a new school house becomes necessary, and where it should be located. This discretion is not an arbitrary one, to be exercised without re- gard to the public convenience ; but a reasonable one, to be exercised in accordance with the judgment of the school directors. Mistakes in judgment are not always to be avoided, nor are they to be punished by a summary dis- missal of the directors from office. The courts do not super- vise the discretion of the directors as to the manner in which their duties should be performed, but they take notice of their refusal or neglect to perform them. Heard vs. School District, 45 Pa. 93.'" Right of children to attend school. 197. The right of the children of a citizen of Penn- sylvania to attend the public school is not complete until they have complied with the conditions which the legislature of the state has seen fit to impose.^ No race distinction. 198. It shall be unlawful for any school director, sup- erintendent or teacher to make any distinction whatever, on account of, or by reason of the race or color of any pupil or scholar who may be in attendance upon, or seeking ad- mission to, any public or common school, maintained wholly or in part under the school laws of this Commonwealtli.^ School directors cannot deny a colored child admission on account of his color, to a common school established by r. Act May 8, 1854, vSec. 23, P. L. 621. 2. Nicklas's Petition, 146 Pa. 212, 1892. 3. Nisley vs. Hummelstown Borough School District, 5 D. R. 732, 1896. 4. Act June 8, 1881, Sec. i, P. L- 76 76 COMMON SCHOOL LAW them for the separate instruction of white children, and assign him to a branch of said school established by them, in a neighboring building for the separate instruction of colored children. s Children of charitable institutions. 199. Children from other districts who become inmates of a charitable institution do not thereby require the right to free admission to the public schools of the township in which the institution is situated,^ Residence of pupils. 200. The residents of one school district are not en- titled to free admisson to and education in schools of an ad- joining district. The taxes levied by a school district are for the education of the children of that district, and are not applicable to the education of the children of another district. Mere physical presence of a child in the district is not sufiicient to give it the right to attend the common schools of that district: Commonwealth vs. Upper Swatara Town- ship School District, 164 Pa. 603; Commonwealth vs. Dir- ectors Brookville Boro. School District, 164 Pa. 607. When the question of residence and right to admission is therefore raised it is for the determination of the board of directors of the particular district. The decision of the board, after hearing and investigation, is quasi judicial. That a judge or jury might reach a different conclusion upon the evidence presented is of no concern. As was said by Mr. Justice Clark, in McCrea vs. Pine Town.ship School District, 145 Pa. 550: — "The board, by tlie statute, is empowered both to employ teachers, and for any one of these causes to dismiss them. So, in the case at the bar, being required by the statute to establish a suffi- cient number of public schools for the education of every individual between the ages of six and twenty-one years, in their respective districts, they are equally required to pro- tect those schools from the encroachments of those who are not entitled to admission therein. It would greatly impair 5. Kaine vs. Commonwealth, loi Pa. 490, 1882. 6. Commonwealth vs. Upper Swatara Twp. School Dist. 164 Pa. 602, 1894. DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS ']'] the government and efficiency of the common schools if the honest jndgment and the discretion of the board, exercised in good faith, could be reviewed and reversed by a jury."^ Hechanic arts. Athletics. 201. In every city of the second class the central board of education, and in every city of the third class the board of school controllers, and in every borough and township of the first class the board of school directors, shall have power to establish and maintain one or more schools for the in- struction of pupils in the useful branches of the mechanic arts, athletics and kindred subjects, to provide the necessary buildings, machinery, apparatus and materials, and to emp- loy teachers and instructors therefor.^ Free kindergartens. 202. The school directors or controllers of the several school districts of this Commonwealth may establish and maintain, out of the public school treasury, free kindergar- tens for children between the ages of three and six years, re- siding in their districts, and may co-operate with and assist kindergartens that have been or may hereafter be established by other non-sectarian agencies: Provided, however. That the provisions of this act shall not apply to school districts in which kindergartens have been, are now, or hereafter may be, established and maintained by said scliool district.^ Duty of school directors to visit schools. 203. School directors shall exercise a general super- vision over the schools of their respective districts, and shall, by one or more of their number, visit every school in the district at least once in each month, and shall cause the result of such visit to be entered on the minutes of the board. ^° 7. Commonwealth vs. Wenner, 211 Pa. 637, 1905. 8. Act March 24, 1905, P. L. 51. 9. Act April 23, 1901, P. L. 93. 10. Act May 8, 1854, Sec. 23, P. L. 621. 78 COMMON SCHOOL LAW Annual report to county superintendent. 204. Each board of directors and controllers shall, an- nually, on or before the first Monday in June, make a report to the county superintendent, setting forth the number and situation of the schools in their district; the character of the teachers, designating whether male or female; the number and sex of the scholars admitted during the year; the number of months in the year during which each school shall have been open; the amount of school tax levied and collected; the cost of school houses, either for building, renting or repairing; and all other expenses which may have been incurred in maintaining the schools in their districts; together with such other information as may be beneficial in forming a just estimate of the operation of the school system." State appropriation forfeited. 205. A district failing altogether to forward its annual report for any school year will forfeit its share of the an- nual state appropriation for that school year.'^ Power of directors and controllers to establish grades of schools. 206. The directors and controllers of the respective districts shall have power to establish schools of different grades, and to determine into which school each pupil shall be admitted.'^ Regulation of grade and transfers. 207. The regulation of the grade of schools and the transfer of a school from one grade to anothei, are within the discretion of the board of public education, and this discretion will not be reviewed by the courts, except in cases of manifest abuse. '-^ II.. Act May 8th, 1854, Sec. 23, P. L- 621. 12. School Laws and Decisions, P. L. 195, 1903. 13. Act May 8, 1854, Sec. 20, P. L. 622. 14. Commonwealth vs. Jenks, 154 Pa. 368, 1893. DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS 79 Deaf mute children. School board to open and maintain a special school for their education. 208. The board of school directors of any school dis- trict within this Commonwealth having a population ot more than twenty thousand inhabitants, and having within the limits of the city or township, in which said school district shall be, eight or more deaf mute children of proper age for attending school, are hereby authorized to open and maintain a special school for the education and training of such deaf mutes, either in sign language or in articulation as to such board of directors shall seem best for such chil- dren. '^ Expenses paid out of school district funds. 209. Any such school so organized by any such board of school directors, shall be a part of the common school system of such school district, and shall be under the control of such board of school directors in the same man- ner as the other schools in said district: Provided, the deaf mute children may be sent from any school district in the county in which such school shall be established, upon pay- ment, by such district, to the treasurer of the school board by which such school shall be maintained, its proportionate share of the expense of maintaining said school: And pro- vided further. That the expense of educating said deaf mute children shall not exceed the sum of one hundred and fifty dollars for each child during any one year.'^ indigent blind children. Expenses paid out of school funds. 210. The school boards of this Commonwealth are hereby authorized and recommended to provide suitable apparatus for the instruction of indigent blind children between the ages of nine and thirteen years, and pay the sum out of the school fund as in the case of seeing children, the cost thereof not to exceed twelve dollars for each person in any one year.''' 15. Act May 8, 1876, vSec. i, P. L. 157. 16. Act May 8, 1876, Sec. 2, P. L. 157. 17. Act May 8, 1876, Sec. i, P. L. 138. 8o COMMON SCHOOL LAW Fxtension of time. 211. The time for which indigent pupils of this Commonwealth may be taught in institutions for the instruc- tion of the blind, at the expense of the Commonwealth, is hereby extended to twelve years from the time of enter- ing said institution.'^ Homes for friendless children. Powers of trustees and managers. May petition court. 212. The board of trustees and the board of managers, or a majority of each thereof of any school, commonly known as a home for friendless children, or institution for the purpose of educating and providing for friendless, desti- tute or vagrant children, now formed, organized or estab- lished, or that may hereafter be formed, organized or established in this Commonwealth, not of a denominational or sectarian character, shall have the right to petition the judge or judges of the court of common pleas of the county in which such school or institution is located, asking for a decree authorizing and directing the payment of moneys, out of the funds of said county, for the education and support of the children of said school or institution. '^ Contents of petition to court of common pleas. 213. Said petition shall set forth, under the oath or affirmation of the president of the board of trustees and the president of the board of managers of such school or institution, the number of children cared for during the current year, the number of children bound out or appren- ticed, and the age and sex of the same, the income and expenditures of such school or institution, the cost of educating and maintaining the children per capita, and such other matter reLitive to the wants and condition of the school or institution, and the welfare and advancement of the children, as the said court may direct for its inform- ation.^" 18. Act May 25, 1887, Sec. i, P. L. 271. 19. Act April 12, 1875, Sec. i, P. L. 46. 20. Act April 12, 1875, Sec. i, P. L. 46. DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS 8 1 Order of court and duty of county commissioners. 214. The court of cominoii pleas have the power, and it shall be their duty, on the presentation of a petition as provided for in the preceding section, after full investigation of the same, to order and direct the eoniniissioners of the county or city in which such school or institution is situate, to pay to the treasurer of such school or institution, out of the county funds, such sum or sums of moneys, and in such installments as, in the discretion of the said court, may be deenled just and necessary, and it shall be the duty of the commissioners to draw their warrants, upon the county or city treasurer for the payment of such appropriation, in such manner and form as shall be provided for by the said court.^' Court to appoint one=third of trustees and managers. 215. The court of common pleas shall appoint one- third in number of the trustees and managers of any such school or institution accepting the benefits of this act.^- Duties of treasurer. 216. It shall require the treasurer of any such school or institution to furnish the county or city commissioners an itemized account of the receipts and expenditures of such school or institution at the end of each fiscal year, and to advertise the same in not less than two weekly news- papers published in the county, supporting any such school or institution, one insertion weekly, for four successive weeks. ^3 Duty of auditors. 217. It shall require the county auditors, controllers or city controllers, of any city or count)', as the case may be, and it shall be the duty of said officers, to audit, settle and adjust the accounts of said treasurer, and to make report thereof to the said court. ^'^ 21. Act April 12, 1S75, Sec. 2, P. L- 46. 22. Act April 12, 1S75, Sec. 3, P. L,. 46. 23. Act April 12, 1875, Sec. 3, P. L. 46. 24. Act April 12, 1S75, Sec. 3, P. L. 46. 82 COMMON SCHOOL LAW Admission of friendless children. 2 1 8. When any such school or institution has accepted the provisions of this act and has sufficient building capacity the management thereof shall admit to tlie benefits of any such school or institution any friendless, destitute or vag- rant child, recommended for admission by the board of school directors of the school district in which said child may reside or be found, or by the directors of the poor of any county in which said school or institution is located, guardians of the poor, overseers of the poor or poor direct- ors, as the case may be, of any city or district included in said county; and in case any child is refused admission, the said court of common pleas, on complaint made thereto by any person after due and legal proof of such refusal, shall enjoin the payment of moneys out of the county funds as authorized by this act; Provided, however, That no child shall be admitted under the age of four nor above the age of sixteen. ^5 Visitors of institutions. 219. The judges of tlie court of common pleas of the several countie^s of this Commonwealth are hereby consti- tuted and appointed ex-officio visitors of any such school or institution; and the grand jury of the court of quarter sessions of the county in which any such school or insti- tution is located, shall, as often as directed by said court, visit, examine and inspect the needs and management of any such school or institution, and the condition of the children therein, as directed by the said court and report the same to the said court. ^^ Acceptance of act and employment of teachers. 220. The board of trustees and the board of managers of any such school or institutions desiring to accept the provisions of this act, shall set forth the same in their first petition presented to the said court of common pleas, as authorized in the first section of this act; no teacher shall 25. Act April 12, 1875, vSec. 4, P. L. 46. 26. Act April 12, 1875, Sec. 5, P. L. 46. DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS 83 be employed in any such school or institution who has not received a valid certificate from the superintendent of the schools of the county in which such school or institution is situate.^'' Admission of orphan and friendless children to the public schools. Tuition. 2 21. The school directors of every school district in this Commonwealth shall admit the inmates of any orphan asylum or home for poor and friendless children, situated in their school district, to the schools of the district, pro- vided there is building capacity, upon the payment of a reasonable tuition per capita, which tuition shall be fixed by the superintendent of the schools in the county in which the orphan asylum or home for poor and friendless children is located, upon the application of the directors of said school district, or the managers of the orphan asylum or home for poor and friendless children ; Provided, That where said orphan asylum, or hom.e for poor and friendless children, is located in a city, the superintendent of schools in that city shall fix the tuition.^^ Children of soldiers. 222. The act of assembly approved July 2, 1895, P. L. 434, and entitled " An act to amend section r of the act of April 18, 1893, P. L. 23, entitled 'an act relative to the admission and instruction of children of soldiers of the late war of the rebellion in the common schools of districts out- side of those in which their parents, guardians or others entitled to their custody may reside ' " is unconstitutional and void, coming within the inhibition of section 7, of article III, of the constitution, providing against class leo-islation.^9 27. Act April 12, 1875, Sec. 6, P. L. 46. 28. Act March 22, 1901, P. L. 55- 29. Sewickley vSchool District vs. Osburn School District, 6 D. R. 211, 1897. 84 COMMON SCHOOL LAW Children not to be employed under certain age. 223. No child under thirteen years of age shall be employed in any factory, manufacturing or mercantile in- dustry, laundry, workshop, renovating works or printing office within this state. 3° Employers' register and contents. 224. It shall be the duty of every person so employ- ing children to keep a register in which shall be recorded the name, birthplace, age and residence, name of parent or guardian, and date when employment ceases, of every per- son so employed under the age of sixteen years.^' Affidavit by parent or guardian. 225. And it shall be unlawful for factory, manufactur- ing or mercantile industry, laundry, workshop, renovating works or printing office, to hire or employ any child under the age of sixteen years, without there is first provided and placed on file an affidavit made by the parent or guardian, stating the age, date and place of birth of said child,^^ When affidavit by child. 226. If said child have no parent or guardian, then such affidavit shall be made by the child, which affidavit shall be kept on file by the employer and shall be returned to the child when employment ceases. ^^ Cost of affidavit. 227. And in no case shall there be a charge to exceed twenty-five cents for administering the oath for the issuing of the above certificate. Qualifications of minors under sixteen. Exceptions. 228. And after the first day of Januaiy, 1898, it shall be unlawful for any manufacturing establishment, mercan- tile industry, laundry, renovating works, printing office. 30. Act June 14, 1897, Sec. 2, P. L. 144. 31. Act June 14, 1897, Sec. 2, P. L. 149. 32. Act June 14, 1S97, Sec. 2, P. L. 149. 33. Act June 14, 1897, Sec. 2, P. L. 149. DIRECTORS — CONTROLLERS TO ESTABLISH SCHOOLS 85 mechanical or other industrial establishment to employ any minor under the age of sixteen years who cannot read and write in the English language, unless he presents a certi- ficate of having attended during the preceeding year, an evening or day school for a period of sixteen weeks.^^ Teacher's certificate. 229. The certificate shall be signed by the teacher or teachers of the school or schools which said minor attended, and said register, affidavit and certificates shall be produced for inspection on demand by the inspector or any of the deputies appointed under this act.^^ 34. Act June 14, 1897, Sec. 2, P. L. 149. 35. Act June 14, 1897, Sec. 2, P. L. 149. CHAPTER IX. JOINT SCHOOLS. PAGE 230. Establishment of joint schools of adjoining townships 86 231. Building joint school house 86 232. Establishment of joint schools of parts of adjoining counties or townships 87 233. Joint meeting of boards of directors 87 234. School directors may provide transportation for children 87 235. When schools are closed by reason of small attendance 87 236. Application of the act 87 237. Cost of transportation 88 238. Expenses and tuition, how paid 88 239. Directors shall not be party to any contract 88 240. Purpose of act ., 88 241. Contract for transportation of children underact 1897 89 242. Attending school in adjoining districts 89 243. Discretionary power of school boards 89 244. Discretion of directors reviewable by the courts 91 245. Contract between districts ,.,, 91 246. Payment of tuition by non-resident pupils 91 Establishment of joint schools of adjoining townships. 230. School directors shall have power, with the di- rectors and controllers of adjoining districts, to establish joint schools, and the expense shall be paid as may be agreed upon by the directors and controllers of said district.' Building joint school house. 231. If a house is to be bnilt for a joint school it should belong to and its management be vested in, the board on whose territory it stands, and the board of the district should pay a fair compensation for the privilege of sending to it, with the proper proportion for the teachers' salary and expenses. All agreements for the establishment of joint schools should be made for a stipulated length of time, and either of the parties to such an agreement can withdraw from it at the expiration of that time. Directors have no authority to make an agreement for a joint school that will be perpetually binding upon their successors.^ 1. Act May 8, 1854, Sec. 23, P. L. 622. 2. School Laws and Decisions, page 117, 1903. JOINT SCHOOLS 87 Establishment of joint schools of parts of adjoining counties or townships. 232. It shall be lawful for the boards of school directors of school districts of different counties or townships, adjoin- ing each other, to establish joint schools on or near the county or township line for parts of said districts, upon petition of not less than twenty taxables of said adjoining districts, whenever by reason of natural difficulties and distance from the schools of said district it becomes desirable and proper to so establish the same.^ Joint meeting of boards of directors. 233. The said boards of directors for the purpose afore- said shall meet jointly, and are hereby empowered to exer- cise the same authority as in case of the establishment of joint schools for districts of the same county; all proceedings in relation thereto to be spread at large upon the minutes of the respective boards.^ School directors may provide transportation for children. 234. The school directors of any district, by the affirm- ative votes of a majority of the board duly recorded on the minutes, may provide transportation for the children, at the expense of their respective districts, to and from any school in the district in which the children have their resi- dence, or of neighboring districts.'^ When schools are closed by reason of small attendance. 235. The provisions of this act shall apply only to the pupils of schools, which, in the discretion of the board of school directors, have been closed by reason of small attend- ance.^ Application of the act. 236. And provided further, that it shall only apply to pupils that have a greater distance to travel or are placed at greater inconvenience than before such schools were closed. 7 3. Act June 10, i88t, Sec. i, P. L. 116. 4. Act June 10, i88i, Sec. 2, P. L,. 116. 5. Act June 22, 1897, Sec. i, P. L. 181. 6. Act June 22, 1897, Sec. i, P. L. 181. 7. Act June 22, 1897, Sec. i, P. L,. 181. OO COMMON SCHOOL LAW Cost of transportation. 237. The cost of transportation per pupil shall not exceed the cost of maintaining per pupil the schools thus closed.^ Expenses and tuition, how paid. 238. The expense incurred providing for transportation of school children under this act, and the tuition for edu- cation when admitted to the schools of other districts, shall be paid by the treasurer of the district in which the chil- dren have place of residence, upon the order of the school board of directors.^ Directors shall not be party to any contract. 239. No member of the board or other ofHcal of the township, borough or school district, shall be a party to any contract or agreement with the board, or receive any renumeration for services rendered to the district in con- veying children to or from any school.'" Purpose of act. 240. Judge Linsay says: — "That act (act June 22, 1897) only applies to schools that have 'closed by reason of small attendance.' "The act was passed for the purpose of authorizing the the directors in their discretion to close a school where changes in the neighborhood had reduced it in number until it became burdensome to keep up tlie school. In sucli cases where the school is closed, the directors are autlior- ized to furnish transportation to scholars to other schools where the distance is too great for them to travel. Again, the law does not authorize the schools directors to pay the board of pupils. It only authorizes them to pay transpor- tation to other schools."" 8. Act June 22, 1897, Sec. i, P. L 181. 9. Act June 22, 1897, Sec. 2, P. L. 181. 10. Act June 22, 1897, Sec. 2, P. L. 181. 11. Pieffer vs. Reno, 29 Pa. C. C. 145, 1904. JOINT SCHOOLS 89 Contract for transportation of children under Section 2, act of June 22, 1897. 241. The entire common school system of this Com- monwealth is special and statutory, and in order to create any liability under a contract provided for by the common school laws, the statutory requisitions must be complied with.'' Before a person may recover for the transportation of a child to a school, he must affirmatively show that the school board contracted for such transportation by the affirmative votes of a majority of the board, duly recorded on the minutes of the board. '3 Attending school in adjoining districts. 242. If it shall be found, that on account of the great distance from or difficulty of access to the proper school house in any district some of the pupils thereof could be more conveniently accommodated in the schools of an adjoin- ing district, it shall be the duty of the directors or con-- troUers of such adjoining districts to make an arrangement by which such pupils may be instructed in the most con- venient school of the adjoining district; and the expenses of such instructions shall be paid, as may be agreed upon by the directors or controllers of such adjoining districts by resolution or agreement entered upon the minutes of the respective boards. '"^ Discretionary power of school boards. 243. Chief Justice Lowrie said: — "The school law does not leave the directors without any discretion relative to sending children to the schools of an adjoining district, and does not seriously impair the district division. Each board has express discretion relative to the school within the district which each pupil shall attend; and it would be quite absurd to leave them without it, when there is a nearer school in an adjoining district to which the pupil wishes to go- 12. Cascade School Dist. vs. Lewis School Dist., 43 Pa. 318, 1862. 13. Boyle vs. Summit Twp. School Dist., 28 Pa. C. C. 351, 1903. 14. Act May 8, 1854, Sec. 23, P. L. 90 COMMON SCHOOL LAW "There must be great distance and great difficulty of access to the schools of the district, before there can be any right to ask to be sent to a more convenient school of an adjoining district; and it seems to us that there is nothing of the kind here. Whether the distance or difficulty of access is to be regarded as great or not, depends much upon circumstances,-such as the age of the children, the density of the population, and the customs of the locality, and there- fore mvist be left in a great degree, to the discretion of the directors; and of course their abuse of this discretion must be very clear before they can be adjudged guilty of official misconduct. We must be liberal and generous towards this discretion, in reviewing the exercise of it; for a strict and jealous supervision would be fatal to the discretion it- self We must not interpret the law so as to keep the directors in perpetual fear of the courts, nor so as to set them to guard against this law, by so arranging tlieir school houses around the district, that few or none can have •the chance of claiming that any school of an adjoining district is more convenient. "We think that the dismissal of the plan tiff 's petition is fullv justified by the reason assigned by the learned pres- ident of the sessions. It is w^ell for the school system, for the peace of the neighborhoods, and for the securing oi discreet men for directors, that he has so treated the case as to warn men that they must be cautious in attempting to get the courts to interfere with the discretion of the school directors. " Honorable and trustworthy men will not accept public positions, if they understand it to be the rule that all their official acts are subject to a suspicious supervision by the people, or by their official superiors. Real worth is gener- ous in its judgment and treatment of others, and will al- ways expect the same for itself; and will resent the contrary by refusing all functions that are subject to it."'5 15. Freeman vs. School Directors, 37 Pa. 386, i860. Ill re East Hopewell Twp. Sch. Dist., 7 D. R. 177, 1898. Patterson vs. School Directors of Cecil Twp., 24 Pa. C. C. 574, 1901. Commonwealth vs. Penns Twp. School Dist., 31 Pa. C. C. 552, 1904. JOINT SCHOOLS 9I Discretion of directors reviewable by the courts. 244. Under the act of Alay 8, 1854, the discretion vested in directors to make an arrangement whereby scholars may attend a school in an adjacent district is reviewable by the court, and if it be shown that petitioners' children have nearly one and one-fonrth miles farther to travel to reach the school house in their proper district than to reach the school house in an adjacent district, and are of very tender years, the court will interfere and make an oirder requiring directors to enter into an arrangement whereby they may attend school in the adjacent district.'^ Contract between districts. 245. The Supreme Court said: — "The whole system of common schools is special and statutory. If one district is to be charged with the expense of educating the children of an adjoining district, it must be done in the manner the statute prescribes. It must be done in pursuance of an 'arrangement' between the directors of the respective districts, and that arrangement must be by ' resolution or agreement ', and the resolution or agreement must be entered upon the ' minutes of the respective boards.' " Out of nothing less than this can pecuniary liability for such service result. Regular official action, evidenced by official minutes, is what the statute requires to ground such action as the present, and because it is a statutory requisition, all equities and implied liabilities are excluded. " In this case that was not done.'"'' Payment of tuition by non-resident pupils. 246. A promise by a non-resident parent to pay a school district for the tuition of his children may be enforced, although a cliarge for such tuition could not be enforced in the absence of such promise.'^ 16. Young vs. Pymatuning Twp. School Dirt. , 14 D. R. 773, 1905. 17. Cascade School District vs. Lewis School District, 43 Pa. 318, 1862. 18. Westfield Borough Sch. Dist. vs. Dillman, 22 Pa. C. C. 567. CHAPTER X. PUBLIC HIGH SCHOOLS. PAGE 247. Public schools in cities or boroughs with a population of 5000 or over. Powers of con trollers and directors 92 248. They may establish a public high school. Admission 93 249. Supervision over teachers and pupils 93 250. Visitation 93 251. Branches to be taught and books used 93 252. Qualifications of teachers 93 253. Maximum length of term. Payment of expenses 94 254. Power to hold or convey real estate 94 255- Grounds and buildings 94 256. Site. How procured 94 257. Councils shall levy tax. Levying of tax in boroughs not divided into wards 96 258. May borrow money and issue bonds therefor 96 259. Public high school in any school district 97 260. Joint high schools 97 261. Grades of high schools 97 262. Annual appropriation 97 263. Employment of teachers 98 264. Sworn statements to superintendent of public instruction 98 265. Supervision of high school 99 266. Approval of courses of study 99 267. Centralization of township schools and provision for township high schools. Definition of "centralization" 99 268. Petition and duty of school board 99 269. Elections and ballots 100 270. Issuing of bonds 100 271. Course of instruction and transportaion of pupils 100 272. When children may attend high school in another district loi 273. Children may attend higher grades in other districts loi Public high schools in cities or boroughs with a population of 5000 or over. Powers of controller and directors. 247. The board of controllers or directors of school districts which are composed of cities or boroughs divided into wards for school purposes, or boroughs not divided into wards for school purposes, having a population of five thousand or over, shall, in addition to the powers and duties confered or enjoined by the act of the eighth day of May, one thousand eight hundred and fifty-four, and the supple- ments thereto, possess the following powers and perform the following- duties. — ' I. Act May 26, 1893, Sec. i, P. L. 146. PUBLIC HIGH SCHOOLS 93 They may establish a public high school. Admission. 248. They shall admit to said public high school all children under the age of twenty -one years residing within said school district, who shall be found qualified for ad- mission thereto after having undergone such an examin- ation as shall be prescribed by the said board of directors or controllers: Provided, Said board of controllers or directors shall have power to prescribe the terms upon which other children than those residing in the said district shall be allowed to attend said public high school.^ Supervision over teachers and pupils. 249. They shall exercise a general supervision over said public high school, appoint all the teachers therefor, fix the amount of their salaries, and shall have power to dismiss any teacher at any time for incompetency, cruelty, negligence, immorality, or other cause; they may suspend or expel from said school all pupils found guilty, on full examination and hearing, of refactory or incorrigible bad conduct, and shall have power to make all proper regulations and rules for the government and discipline of said school.^ Visitation; 250. Said board of controllers or directors shall visit said public high school, by at least one of their number, at least once in each week and cause the result of such visit to be entered on the minutes of said board of controllers.'' Branches to be taught and books used. 251. They shall direct what branches of learning shall be taught and what books shall be used in said public high school. 5 Qualifications of teachers. 252. The said board of controllers or directors shall not employ any person as teacher in said public high school 2. Act May 26, 1893. Sec. 2, P. L. 146. 3. Act May 26, 1893, Sec. 3, P. L. 146. 4. Act May 26, 1893, Sec. 4, P. L. 146. 5. Act May 26, 1893, Sec. 5, P. L. 146. 94 COMMON SCHOOL LAW unless such person shall produce a certificate as would en- title him or her to teach in the ward schools, which certifi- cate shall set forth the brandies of learning the holder thereof is qualified to teach, and provided no teacher shall be employed in teaching any brancli of learning other than those enumerated in his or her certificate.^ Maximum length of term. Payment of expenses. 253. The said board of controllers or directors shall maintain and operate said public high school, not exceeding ten months in each year, and shall pay all the necessary expenses thereof by drafts on the treasurer of said board signed by the president and attested, by the secretary there- of' Power to hold or convey real estate. 254. They shall have power to purchase, procure and hold such real and personal property as may be necessary for the establishment and support of said public high school, and the same to sell, alien and dispose of, when no longer necessary for the purpose aforesaid: Provided, Said real estate shall not exceed one hundred thousand dollars.^ Grounds and buildings. 255. They shall cause suitable lots of ground to be procured and suitable buildings to be erected thereon for the accommodation of said public high school, and shall keep the same in repair, and shall cause to be rented a suitable building for the temporary accommodation of said public high school until a suitable, permanent building can be obtained. ^ Site. How procured. 256. Whenever said board of controllers or directors shall be unable to procure an eligible site for the erection of said public high school by the owner or owners of the 6. Act May 26, 1893, Sec. 6, P. L- 146. 7. Act May 26, 1893, Sec. 7, P. L. 146. 8. Act May 26, 1893, Sec. 8, P. L. 146. 9. Act May 26, 1S93, Sec 9, P. L. 146. PUBLIC HIGH SCHOOLS 95 land, it shall and may be lawful lor said board of controllers or directors to enter upon and occupy sufficient ground for such purpose, but before doing so, said board of controllers or directors shall tender to such owner or owners the bond of said school district conditioned for the payment of the damages suffered b}' said owner or owners by reason of such entry and occupancy when finally ascertained; if the owner refuse to accept said bond, or cannot be found, or is not sui juris, the same shall then be presented to the court of com- mon pleas of the proper county for its approval, after no- tice to the property owner by advertisement in a newspaper of said county at least once a week for three weeks. Upon the approval of said bond, and its being filed, the right of said board of controllers or directors to enter upon said land shall be complete. Either said board of controllers or directors, or said owner or owners of said land may, with- in twenty days from the approval ot said bond, apply by petition to the court of common pleas of the proper county tor the appointment of viewers, and thereupon said court shall appoint three disinterested citizens of said county, and not owners of property or residents in said district, and ap- point a time not less than twenty or more than thiity days thereafter, when said viewers shall meet upon and view said premises, of the time of which meeting ten days' notice shall be given to the viewers and the opposite party, and the said viewers, or any two of them, having been first duly sworn or affirmed faithfully, justly and impartially to de- cide and a true report to make concerning all matters and things to be submitted to them, and having viewed tire premises, and having made a just and fair computation of the advantages and disadvantages, shall estimate and deter- mine whether any, and if an}-, what amount of damages has been or may be sustained, and to whom payable, and make report thereof to said court, and when ihe damages are finally ascertained, either by the coiffirmation of said report by the court, or the verdict ol the jury, judgment shall be entered thereon, and if the amount thereof shall not be paid within thirty days from the entry of such judg- ment, execution may issue thereon as in other cases of 96 COMMON SCHOOL LAW judgments against school districts, and such viewers shall each be entitled to the sum of one dollar and fifty cents for each day necessarily employed in the performance of the duties herein prescribed, to be paid by the school district. '° Councils shall levy tax. Levying of tax in boroughs not divided into wards. 257. The councils of any such city or boroughs divided into wards for school purposes referred to in the first section of this act, shall at any time, not oftener than once in each school year, levy a special tax for such amount as the said board of controllers or directors may by resolution duly passed fix and determine, to be called, "The public high school building tax," not exceeding the amount of one mill in any one year; boroughs not divided into wards for school purposes mentioned in this act shall levy and collect said high school tax as they levy and collect other school tax, without the interv^ention of the borough council aforesaid, to be applied solely to the purpose of purchasing or paying for the ground and the erection of a school build- ing thereon and the repair of the same, which tax shall be levied and collected at the same time and in the same manner and with like authority as other tax axe levied and collected for school purposes in the respective districts to which this act shall apply.'' May borrow money and issue bonds therefor. 258. That for the purpose of erecting such school building or purchasing or procuring grounds whereon to erect such school buildings as provided by this act, it shall be lawful for said board of controllers or directors to borrow money at a rate of interest not exceeding six per centum, and issue bonds therefor, in sums not less than one hundred dollars, which bonds may be registered in such manner as the said board of controllers or directors may hereafter pro- vide: Provided, That this act shall not apply to school districts governed by special act of assembly.'^ 10. Act May 26, 1893, Sec. 10, P. L- 146. 11. Act May 26, 1893, Sec. 11, P. L- 146. 12. Act May 26, 1893, Sec. 12, P. L- 146. PUBLIC HIGH SCHOOLS 97 Public high school in any school district. 259. The directors or controllers of any school district may establish a public high school, and the state superin- tendent of public instruction shall prescribe a uniform course of instruction which shall be taught in the high schools of each grade. '^ Joint high schools. 260 The directors of any two or more townships or districts shall have power to establish joint high schools, and the expense shall be paid as may be agreed upon by the directors or controllers of said districts, who shall meet jointly as often as may be necessary for the transaction of business pertaining to the joint high schools under their jurisdiction, and all proceedings in relation thereto shall be spread at large upon the minutes of the respective boards.''' Grades of high schools. 261. A high school maintaining four years of study beyond the branches or learning prescribed to be taught in the common schools and called the common branches shall be known as a high school of the first grade; a high school maintaining three years of study beyond the common branches shall be known as a high school of the second grade; and high schools maintaining two years of study be- yond the common branches shall be known as a high school of the third grade: Provided, That the reviews necessary for the prosecution of high school studies shall not be excluded from the estimate of the year's study beyond the common branches. '^ Annual appropriation. 262. From the annual appropriation in aid of high schools, a high school of the first grade shall receive each year a sum not exceeding eight hundred dollars, a high school of the second grade a sum not exceeding six hun- dred dollars, a high school of the third grade a sum not 13. Act June 28, 1895, Sec. i, P. L. 413. 14. Act June 28, 1895, Sec. 2, P. L. 413. 15. Act June 28, 1895, Sec. 3, P. L. 413. 98 COMMON SCHOOL LAW exceeding four hundred dollars. If the appropriation is insufficient to pay the above amounts to the several high schools, then the appropriation shall be distributed to the schools of the respective grades in such a manner that each school shall receive a sum proportional to the number of years of advanced study maintained in its course or courses of instruction: Provided, That any high school established at the fall opening of the school year beginning on the first Monday of June, one thousand eight hundred and ninety-five, shall be paid at the end of the year as a high school of the third grade. '^ Employment of teachers. 263. The directors or controllers of every district receiving aid in accordance with section four of this act shall employ for said high school at least one teacher legal- ly certified to teach book-keeping, civics, general history, algebra, geometry, trigonometry, including plane surveying, rhetoric, English literature, Latin, including Caesar, Virgil and Cicero, and the elements of physics, chemistry, includ- ing the chemistry of soils, botany, geology and zoology, including etomology, and no teacher shall be employed to teach any branch or branches of learning other than those enumerated in his or her certificate.''' Sworn statements to superintendent of public instruction. 264. The directors or controllers of every district establishing a high school and receiving state aid in sup- port of said high school shall, before the first day of Sep- tember following the close of each school year, make to the superintendent of public instruction sworn statements giving full information concerning the teachers, classes and courses of study of every high school under their jurisdiction.'^ 16. Act June 28, 1895, Sec. 4, P. L. 413. 17. Act June 28, 1895, Sec. 5, P. L. 413- 18. Act Junt 28, 1895, Sec. 6, P. L. 413. PUBLIC HIGH SCHOOLS 99 Supervision of high school. 265. High schools established in accordance with this act of assembly shall be under the supervision of the super- intendent of the city, borough or county in which they are situated. '9 Approval of courses of study. 266. The courses of study in high schools receiving state aid shall be subject to the approval of the superinten- dent of public instruction.^" Centralization of township schools and provision for township high schools. Definition of "Centralization." 267. The word, "centralization" is hereby defined as a system of schools in a township, providing for the abolishment of all sub-districts, and the conveyance of pu- pils to one or more central schools.^' Petition and duty of school board. 268. A township board of school directors, upon the petition of a majority of the qualified electors representing or owning property to the amount of not less than one- fourth of the assessed valuation of such township district, must submit such question to a vote of the qualified elec- tors of such township district, and if more votes are cast in favor of centralization than against it at such election, it shall then become the duty of the board of school directors, and such board of school directors is required, to proceed at once to the centralization of the schools of the township, and if necessary purchase a site or sites and erect a suitable building or buildings thereon : Provided, That if at the said election more votes are cast against the propo- sition for centralization than for it, the question shall not again be submitted to the electors of said township for a period of two years." 19. Act June 28, 1895, Sec. 7, P. L. 413. 20. Act June 28, 1895, Sec. 8, P. L. 413. 21. Act April 25, 1901, Sec. i, P. L. 105. 22. Act April 25, 1901, Sec. 2, P. L. 105. LUhU lOO COMMON SCHOOL LAW Elections and ballots. 269. All elections ordered by a board of school direc- tors, in pursuance of section 2 of this act, shall be held at the usual place or places of holding township elections at a regular election, and notice shall be given and the election conducted in all respects as provided by law for the election of township officers, and the ballots shall have printed thereon : For centralization-Yes, For centralization-No.^^ Issuing of bonds. 270. Should the board of school directors deem it necessary to issue bonds to purchase a site or sites, or erect a building or buildings, for the purpose of such centraliza- tion, then the election shall be conducted as provided in section 3 of this act, but in such cases the ballots shall also have printed thereon : For levying a tax to purchase site (or sites) and erect (building or buildings) for the centralization of schools, at a cost not to exceed $ Yes, for levying a tax to purchase site (or sites) and erect building (or buildings) for the centralization of schools, at a cost not to exceed $ No ; and if more votes are cast in favor of levy- ing said tax for said purpose than against said proposition at such election, it shall be the duty of tlie said board of school directors, and the board of school directors is authorized, to issue bonds and sell the same as provided by law, and to levy a special tax to provide for the payment of the same, together with interest thereon, provided said levy shall not in any one year exceed five mills on the dollar valuation, and said bonds shall not bear more than five per centum interest, and shall not be sold at less than their face value. ^"^ Course of Instruction and transportation of pupils. 271. In a township in which proceedings have been had under the preceding sections of this act and the vote has been favorable for centralization, the board of school 23. Act April 25, 1901, Sec. 3. P. L. 105. 24. Act April 25, 1901, Sec. 4, P. L. 105. PUBLIC HIGH SCHOOLS lOI directors are required to maintain and support a graded course of instruction, and may include a high school course of not less than two years ; they are also required to furnish transportation to and from school to all pupils liv- ing more than three-fourths of a mile from the central building, said distance to be measured fiom the enclosure immediately surrounding their residence to the school house property, along the nearest public highway : Pro- vided, That no such school shall be abolished or discontinu- ed in any sub-district where, on account of the geography of the district, it is impracticable for the pupils to be con- veved to the school established at the point of centraliza- tion, ^s When children may attend high school in another district. 272. Children residing in the school districts in which no public high school is maintained, may attend a high school in some other district, located near their homes; provided the consent of the directors of the district in which said high school is located be first obtained; the cost of tuition and school-books, which shall not exceed that of the tuition and school-books of children in the same grades or courses in the district maintaining such high school, shall be paid to the district receiving such children, out of the moneys raised by taxation for public school purposes in the district in which said children reside: Provided, That, before admission to a high school, such pupil shall be ex- amined and found qualified for high school work, by the principal of such high school."^ Children may attend higher grades in other districts. 273. Children residing in school districts in which graded public schools, or graded courses of study, are or hereafter may be maintained, may attend the public high schools of higher grades or courses of study, including high schools, 25. Act April 25, 1901, Sec. 5, P. L,. 105, Amended by Act June 26, 1901, P. L. 600. 26. Act March 16, 1905, Sec. i, P. L,. 40. I02 COMMON SCHOOL LAW in other districts; the cost of tuition, which shall not ex- ceed that of the tuition of children in the same grade or courses in the districts maintaining said higher grades or courses and high schools, to be paid the districts receiving such children, out of the money raised by taxation for com- mon or public school purposes in the districts in which said children reside: Provided, however. That such attend- ance shall not begin until after provision for the same, and its duration, and for the expense of tuition according to the foregoing restrictions, has been made by the boards of direct- ors of the districts interested, by security as required by existing laws.^^ 27. Act April 3, 1903, Sec, i, P. L. 153- 274 275 276 277 278 279 28o, 281 282 283 284 CHAPTER XL EVENING SCHOOLS. PAGE Establishment 103 Employ teachers 103 Qualifications of teachers 104 Expenses 104 Evening high schools may be established 104 Admittance 104 Procedure on refusal to establish evening high schools 104 When to take effect 105 Additional teachers 105 Petition for schools 105 Night schools for manual training of children 107 Establishment. 274. It shall be the duty of the board of school direct- ors or school controllers of any school district in this Commonwealth, upon the application of the parents of twenty or more pupils, above the age of six years, residents of said school district, to open a free evening school for their tuition in orthography, reading, writing, arithmetic and such other branches as may be deemed advisable, and to keep open said schools for a term of not less than four months in each year, each of the said months to consist of twenty days, and each of said days an evening session of at least two hours: Provided, however, That when the average daily attendance for one month falls below fifteen daily, said board of school directors or school controllers may, at their option, close said evening school for the remainder of said term.' Employ teachers. 275. Upon such application, the board of school di- rectors or school controllers shall proceed, without unnecess- ary delay, to hire a competent teacher, and open said even- ing school in a convenient location: Provided, however. That two or more contiguous school districts may, at any time, unite in the establishment and support of one or more evening schools, and contribute pro rata to the expense of their maintenance.^ 1. Act May 22, 1883, Sec. i, P. L. 37. 2. Act May 22, 1883, Sec. 2, P. L,. 37. I04 COMMON SCHOOL LAW Qualification of teachers. 276. The qualifications of teachers for said evening schools shall be the same as those for the teachers of the public schools of the Commonwealth, as already made and provided, or as may hereafter be made and provided by law.^ Expenses. 277. The expenses for the support and maintenance of said evening schools shall be defrayed out of the taxes raised for the support of the common schools: Provided, That said school board may, in making their estimates for the school year, allow and set aside a certain sum for the support and maintenance of said evening schools, and levy and collect their tax rate accordingly.'* Evening high schools may be established. 278. The board of school directors or school controllers of any school district may, where necessary, establish an evening high school, and the board of school directors or school controllers of two or more contiguous school districts may unite for the establishment and support of an evening high school; the curriculum of which shall be drawn up and arranged by the several school boards, in joint session met and assembled, according to their best judgment and the necessities of their respective districts. ^ Admittance. 279. No pupil shall be admitted to said evening schools, who is unemployed during the day, or in actual attendance upon any school during the day, public or private.^ Proceedure on refusal to establish evening schools. 280. Should any board of school directors, or controllers, neglect or refuse to carry out the provisions of this act, the petitioners aforesaid may present their petition to the court of common pleas of the proper county, setting forth, that applica- 3. Act May 22, 1883, Sec. 3, P. L. 37. 4. Act May 22, 1883, vSec. 4, P. L. 37. 5. Act May 22, 1883, Sec. 5, P. L. 37- 6. Act May 22, 1883, Sec. 6, P. L- 37. EVENING SCHOOLS IO5 tion had been made to the proper board of school directors or controllers as aforesaid, and that said board had neglect- ed or refused to carry out the provisions of this act; where- upon such court shall, after due proof of the notice of the presentation of such petition having been served upon the president and secretary of such board, proceed to hear and determine as to the necessities and propriety of the estab- lishment of such school or schools, and in its discretion order the board of school directors or controllers, to open and maintain such school or schools, with power to enforce such order by attachment or mandamus, at the discretion of the court.^ When to take effect. 281. The provisions of this act shall not go in force until the beginning of the regular school year, Anno Dom- ini, one thousand eight hundred and eighty-three: Provided, That tlie provisions of this act shall not apply to any part or section of the state, where special provision exists for night scliool.^ Additional teachers. 282. As the average daily attendance increases, addi- tional teachers may be engaged and retained at the discretion of the school directors or controllers aforesaid. ^ Petition for schools. 283. Rice J. says: — "The act of May 22, 1883, P. L. 37, relating to free evening schools provides that if any board of school directors or controllers shall neglect or refuse to carry out the provisions of the act, the court, upon petition, and after due proof of notice, shall proceed to hear and determine as to the necessities and propriety of the establishment of such school, and in its discretion may order the board of directors to open and maintain same. 7. Act May 22, 1883, Sec. 8, P. L. 37. 8. Act May 22, 1S83, Sec. 9, P. L,. 37. 9. Act May 7, 1889, Sec. i, P. L. no. Io6 COMMON SCHOOL LAW The power of the court is to be exercised only in clear cases, where the directors have wilfully neglected or refused to perform their duties. "The petition which is at the foundation of thesie proceedings was not served on the secretary of the board until December, 1891, Passing the objections to the mau- ner in which it was signed and served, we think there were substantial reasons for not granting the prayer of the peti- tioner. The board of directors had resolved, at the beginn- ing of the school year, to have eight months of school, had levied a thirteen mill tax, and had employed the teachers and fixed their salaries. The tax was barely sufficient to pay the expenses incurred on that basis, and the directors had no power to lay an additional tax, even if they had gone to the full limit of their power in their first levy. School directors are not required to make bricks without straw, and at the time the petition was presented to them it was practically impossible for them to open a night school for a term of not less than four months, as the law. provides, without closiug the day schools for a nearly equal length of time, and perhaps, breaking their contract with the teachers employed for those schools. We do not think the legis- lature conteniDlated the compulsory establishment of a night school under such circumstances especially where the number of pupils who attend it is barely sufficient to war- rant the opening of such a school under any circumstances. "Under the facts proved we do not think the directors were in fault, but even if they were, it is now too late to establish a school for the current year, and the court would not be authorized to order one for the ensuing year when it is not certain that the conditions will be such as to re- quire it. The time for the new board to organize and to levy taxes for the ensuing year is at hand, and we have no doubt, that, if a proper petition is presented to them in due time, they will make arrangements to comply with the law."'° 10. Denison School District, 6 Kulp 457, 1892. EVENING SCHOOLS IO7 Night schools for manual training of children. 284. Whenever the school directors or controllers of any city of the Commonwealth shall be requested by fifty or more taxpayers, they shall establish and equip sufficient night schools for the manual training of children above the age of twelve years, and shall keep the same open as many months in the year as day schools are kept open in such city. The court of common pleas of the proper county shall have jurisdiction to enforce this act by mandamus: Provided, That when the average attendance shall fall be- low fifteen nightly, the board may at their option, close the school for the remainder of the term." II. Act May 11, 1901, Sec. i, P. L,. 176. CHAPTER XII. SCHOOL DIRECTORS AND CONTROLLERS TO DIRECT STUDIES AND EXPEL PUPILS FOR MISCONDUCT. 285. Direct studies and select books 108 286. Branches required to he taught 108 287. Optional as to other branches 108 288. Additional branches in cities of the second and third class 109 289. System of humane education 109 290. Experiments on living animals forbidden 109 291. Month!}' reports 109 292. Physical culture 109 293. Duty of school directors, controllers and boards of education., no 294. Suspension and expulsion of pupils no 295. Power of committee to investigate no 296. Teachers or school boards may expel pupils Ill Direct studies and select books. 285. School directors and controllers shall direct what branches of learning shall be tanght in each school, and what books shall be nsed.' Branches required to be taught. 286. The branches of orthography, reading, writing, arithmetic, geography, English grammar, United States history,^ physiology and hygiene, which shall, in each div- ision of the subject so pursued, include special reference to the effect of alcoholic drinks, stimulants and narcotics upon the human system, shall be included in the branches of study now required by law to be taught in the common scliools, and shall be introduced and studied as a regular branch by all pupils in all departments of the public schools of the Commonwealth, and in all educational institutions supported wholly or in part by money from the Common- wealth, ^ and kind treatment of birds and animals,"^ and in cities of the first and second class a regular course in phy- sical culture,^ are peremptorily required to be taught. Optional as to other branches. 287. Other branches may be introduced from time to time by the school directors or controllers.^ 1. Act May 8, 1854, Sec. 23, P. L. 621. 2. Act May 8, 1854, Sec. 38, P. L. 625. 3. Act April 2, 1885, Sec. i, P. L. 7. 4. Act March 27, 1905, Sec. i, P. L. 60. 5. Act March 8, 1901, Sec. i, P. L. 49. 6. Act May 8, 1854, Sec. 38, P. L. 625. COMMON SCHOOL BRANCHES IO9 Additional branches in cities of the second and third class. 288. In every city of the second class the central board of education, and in every city of the third class the board of school controllers, and in every borough and township of the first class the board of school directors, shall have power to establish and maintain one or more schools for the in- struction of pupils in the useful branches of the mechanic arts, athletics and kindred subjects, to provide the necessary buildings, machinery, apparatus and materials, and to em- ploy teachers and instructors therefor.'' System of humane education. 289. A system of humane education, which shall in- clude kind treatment of birds and animals, shall be includ- ed in the branches of study now required by law to be taught in the commom schools; such instruction to be given to all pupils, up to and including the fourth grade, of the public schools of this Commonwealth, and to consist of not more than half an hour each week, during the whole term of the school.^ Experiment on living animals forbidden. 290. No experiment upon any living creatiu'e, to de- monstrate in physiology, shall be permitted in any public school of the state. '^ Monthly reports. 291. The principal or teacher in every school shall certify, in each of his or her monthly reports to the school board, that such instruction has been given in the school under his or her control, '° and this act shall take effect im- mediately." Physical culture required to be taught. 292. Physical culture, by a regular and progressive course of calisthenics, shall be included in the branches ol study now required by law to be taught in the public schools of this Commonwealth.'^ 7. Act March 24, 1905, Sec. i, P. L. 52. 8. Act March 27, 1905, Sec. i, P. L,. 60. 9. Act March 27, 1905, Sec. 2, P. L,. 60. 10. Act March 27, 1905, Sec. 3, P. L,. 60. 11. Act March 27, 1905, Sec. 4, P. 1,. 60. 12. Act March 8, 1901, Sec. i, P. L. 49. no COMMON SCHOOL LAW Duty of school directors, controllers and boards of education. 293. It shall be the duty of the school directors, boards of school controllers, and boards of education of the public schools of this Commonwealth, to make proper provisions in all the schools or districts under their jurisdiction, care and control, for instructions to be given the pupils of said public schools in physical culture, by a regular and progress- ive course of calisthenics, and any failure on the part of said directors, controllers or boards of education, to comply with the provisions of this act, satisfactorily proven to the state superintendent of public instruction, shall be deemed sufficient cause for withholding the warrant for state's ap- propriation of school money to which district would other- wise be entitled. Provided, That teachers shall not be re- quired to pass examinations in the branch of study provided in this act until after January first, one thousand nine hun- dred and two. Provided, That this act apply only to cities of the first and second class. '^ Suspension and expulsion of pupils. 294. School directors and controllers may suspend or expel from the school all pupils found guilty, on full exami- nation and hearing, of refractory or incorrigibly bad con- duct.''^ Power of committee to investigate. 295. This was a petition for mandamus against school directors to compel the restoration of a pupil who had been expelled for incorrigibly bad conduct. The principal of the school made certain charges against the pupil to the school committee of the said board, and the said committee there- upon dismissed the said pupil from the public schools and he was thereafter denied admission to the school by the prin- cipal and refused further instruction therein. It is admitted that the expulsion was by a committee of said board, con- sisting of three members thereof, and not by the board of directors themselves, and no examination nor hearing of the charges was had before the full board. 13. Act March 8, 1901, Sec. 2, P, L. 49. 14. Act May 8, 1854, Sec. 23, P. L- 621. COMMON SCHOOL BRANCHES III The matter was brought. however to the attention of the full board, and a hearing before tlieni was demanded, winch was refused; and the action of the committee was ap- proved and sustained. In reviewing the case Mr. Justice Potter said, inter aha: " Under the act of May 8, 1854, power is given to the board of directors, on full examination and hearing, to sus- pend or expel from the school all pupils found guilty of re- fractory or incorrigibly bad conduct. The requirement is that the examination and hearing shall be full, but this does not necessarily mean that it should be by the full board. We see no reason why the investigation of charges and the con- duct of a hearing may not be delegated to a committee of the board, when the action of the committee is afterwards re- ported to, and is_ reviewed and considered and sustained by the full board." '^ Teachers or school boards may expel pupils. 296. The facts of the case, as they appeared on the trial, were as follows: Hughes, the plaintiff, was at a former time a student at the State Normal School at Edinboro, Erie County, Pennsylvania. For some matter, not very grievous. Prof Cooper, tlie principal of the school, expelled Hughes from this normal school, and from all the normal schools of the state, no matter where situated, and for all time to come. Some time after this, and at the close of the term, the Potter Literary Society gave an exhibition, at which all the public were invited to attend. Tickets were sold, and great efforts were made to distribute them and secure a full house. On the evening of the entertainment, Mr Hughes and a lady, with tickets, presented themselves at the hall, and upon the surrender of their ticket were passed in and seated near the centre of the room. Soon after, and about the time the hall was filled, Goodell, Cutler and Langley took Hughes, and by force put him out of the school building, and out of the grounds. Verdict for plaintiff of $275.00. New trial re- fused. 15. Miller vs. Clement, 205 Pa. 484, 1903. 112 COMMON SCHOOL LAW In delivering the charge. to the jury, Johnson, J. says : " While the trustees and directors of our public schools and literary institutions have a qualified title to, and pos- session of, the real estate dedicated to the use of the public for educational purposes, it does not confer upon them that absolute dominion which a private individual may exercise over the premises of which he is the exclusive and fee sim- ple owner. The public have some right in school house property, and among them the right of entry, at all proper times, and for proper purposes. The rights of trustees and directors of public schools are subordinate to this. The public, means all the citizens within a given distance or dis- trict, intended to be benefitted by the purposes to which the premises are devoted. " While the teachers or directors may expel a scholar from the school for sufficient reasons, and deprive him of its advantages, it does not follow, by any means, that they can inflict a perpetual personal disability upon the oflfending student. If he is afflicted with a contagious disease, or pos- sesses such a bad moral character as to endanger the health or pollute the morals of those with whom he comes in con- tact, he may, from motives of public policy, be excluded from their association, " But for a technical violation of school regulations, while he may be expelled from the school, he cannot be fur- ther punished by its guardians, by the infliction of disabili- ities in derogation of his rights as a citizen. " The school authorities, of course, have a right to pro- tect themselves and their school from disturbance and an- noyances that interfere with the successful prosecution of the purposes for which they are established. "They would have a right to exclude from their grounds and buildings any man who would enter them to disturb the peace, or break up the order, or interfere with the legitimate exercises of the school. " Beyond that, they could not impose individual re- strictions at theirown caprice, making discriminations to the exclusion of some from public exhibitions, to which all the COMMON SCHOOL BRANCHES II3 public are invited. This would be invidious, and in viola- tion of the private rights of the individual. Even during the war, peaceable rebels had a right to live in loyal territory, and enjoy the benefits of our literary and religious institu- tions. " Now, to say that a student expelled from a school for disobedience to some municipal regulation, should be ex- cluded from attending a prayer meeting or public lecture, in the school house or college premises, for all time to come, without any evidence of improper conduct or suspicion of improper purposes, would be an exercise of tyranny over his private rights, not vested in the trustees, directors or professors of our educational institutions. " A scholar may forfeit his rights to a place in the school or college by the violation of some rule that involves no moral turpitude. i\nd, so far as appears, that was the con- dition of this plaintiff If the rule of right in the profes- sors be as great as is claimed in this case, he might have been sued in trespass or forciblv expelled for attending the funeral of his mother upon the premises ten years after his expulsion. ' ' It is a mistake to say that the literary society that got up that exhibition, and the exercises of that evening, was a constituent part of the school, or of the prescribed cur- riculum, or course of its studies. The literary societies are voluntary aspirations among the students, to which they may or may not belong. The exercises are of their own choice, and the exhibition is held at their own volition. It is true, the organization and its exercises are subordinate to, and subject to the supervision of the professors. When they are approved by the professors, and permission is given to the society to use tlie public hall of the institution for their exhibition, had they the right to say that any individ- ual member of that community should not attend? I think not, unless something in the moral character of that person, or a reasonable apprehension existed that he intended to break the peace or interrupt the exercises of the evening, made it proper, from public considerations, to exclude him. 114 COMMON SCHOOL LAW The question, therefore, is whether the plaintifFhad forfeited his rights as a citizen, to be present at the exhibition, to which all the citizens had been invited, and to which he had purchased a passport. " If he came there to disturb the peace or interrupt the exercises ; if he had madeprevious threats that he would do so, or demonstrations of such intention after entry, he might properly be put out. But in the absence of any such con- duct, or evidence of such intention, he had the same right to come there that any other peaceable citizen had. Of this he could not be deprived at the pleasure or caprice of the professor who presided over the destinies of the school. The Potter Literary Society, by permission, had the use of the premises that night, and it had publicly invited all to pay and come. He had so done. His ticket gave him and his lady a passport to the hall, which no one had a right to dispute so long as his conduct was unexceptionable. " No physical injury was inflicted. The plaintiff was forcibly ejected from the hall, in the presence of a large as- sembly. The injury consists in the insult and indignity inflicted upon his sensibilities and his honor, and the viola- tion of his personal rights. The plaintiff does not ask high or exemplary damages, but should receive something by way of compensation for the injury he has suffered. This suit is brought rather to settle a disputed question and vin- dicate his rights, than as a pecuniary speculation." '^ i6. Hughes vs. Goodell, 3 Pitts. R. 264, 1870. CHAPTER XIII. LIABILITY OF DIRECTORS AND CONTROLLERS — PAYMENT OF EXPENSES. PAGE 297. Payment of necessary expenses 115 298. Directors have no authority to pay a pupil's board 115 299. School orders or warrants are not negotiable 115 300. School boards not authorized to purchase drafts or com- mercial papers 115 301. School directors personally liable 116 302. Liable for unlawful settlement with tax collectors 118 Payment of necessary expenses. 297. Directors and controllers shall pay all necessary expenses of the schools by drafts on the district treasurer, signed by the president, and attested by the secretary of the board, the same being entered on the minutes.' Directors have no authority to pay pupil's board. 298. The payment of the board of a pupil by school di- rectors from ptiblic funds is unauthorized by law and illegal and will be restrained by injunction.^ School orders or warrants are not negotiable. 299. Orders drawn by a president of a board of school directors on the treasurer of a school district, under the school law, are not negotiable bills or orders, but mere war- rants for the payment of money to the person to whom they are issued, to be disbursed by the treasurer under the au- thority of the law : they, therefore, do not authorize a sub- sequent holder to maintain suit in his own name, as upon a promissory note or order. They do not possess the ordi- nary properties of a mere contract, but are a statutory means of drawing the public money out of the hands of the legal custodian of the funds of the district. First National Bank of Northumberland vs. Rush School District, 81 Pa. 307, 1876.3 1. Act May 8, 1854, Sec. 23, P. L. 621. 2. Peiffer vs. Reno, 29 Pa. C. C. 145, 1904. 3. Dyer vs. Covington, 19 Pa. 200, 1850. Il6 COMMON SCHOOL LAW School boards not authorized to purchase drafts or commercial papers. 300. Justice Paxtoii said : "Theact of assembly author- izing them to borrow money and issue bonds therefor on the credit of the district would hardly authorize them to purchase drafts or commercial paper and issite the bonds of the school district in payment therefor. It would be an ex- tremely dangerous doctrine to hold that municipal officers authorized by an act of assembly to borrow money upon the credit of tlie municipality, could issue the bonds of such municipality for anything but money."'* School directors personally liable. 301. In this case Robert Linn was a member of the board of school directors, and also treasurer of the school district. Samuel M. Kenyon, who had charge of the Savan- nah school house, or school house No. 9, was discharged as teacher by resolution of the board the 28th of February, 1857. It appears that after his discharge as a teacher by the school board, lie continued to teach at the same place at the instance of those who had sent their children to this school, and with the understanding, that if he was not paid by the school directors, those who sent their children to the school would pay for their tuition. On the 25th of April, 1857, there was a resolution introduced to pay Kenyon for tuition after he had been discharged, which was lost by a tie vote. On the 29th of August, 1857, there was a resolution offered to re- instate the Savannah school house where Kenyon had taught, which was again lost by a tie vote. Again, on the 26th of March, 1858, another resolution was introduced to pay Kenyon, which was again lost by a tie vote. The school board of 1857 appear to have been equally divided on the question of paying Kenyon, and it appears to have been frequently agitated and brought to the notice of the board, and resulted in an equal division, until after the spring election of 1858, when the subject was again brought before the board of directors, and on the 5th of June, 1858, a resolution was passed to reinstate Samuel M. Kenyon as a 4. Muticy Borou<(h School District vs. Com., 84 Pa. 469, 1877. PAYMENT OF SCHOOL EXPENSES I17 teacher in the Dickinson district, and to pay him his salary for teaching at the Savannah school house for five months. This resolution was carried by a vote of 3 to 2, Mr. Linn voting in the affirmative. On tlie same day, as appears from the minutes of the board, an order on the treasurer was drawn in favor of Kenyon for $125.00, in due form, signed by the president and attested by the secretary. This order, thus drawn under the circumstances we have stated, the to wn- sliip alleges was illegal, and ought not to have been paid by the treasurer of the school board ; that the township auditors erred in passing this order to the credit of the treasurer, and this appeal from their settlement has been entered to cor- rect this alleged error. Chief Justice Lowrie said : " Undoubtedl}' this teacher had no right to be paid out of the public funds, except for the time he was in the public employment ; and the direc- tors had no legal authorit}- to pay him ; otherwise, they did it to their own wrong, and each director who voted for it is personally liable to the township. They had no right thus to deal with trust funds. They are in no proper sense leg- islators ; but officers under the law, and obliged to obey it. Even a majority of the voters of the township could invest them with no authority to set aside the law of their office. Then, as to the defendant, the treasurer : is he liable for paying the order, as for a mispayment ? As director he voted for the misapplication of the money, and as treasurer he paid it ; and he is now called upon, as treasurer, to ac- count for it. Can he, as treasurer, shield himself behind himself as director ? Can he, as treasurer, take advantage of his own wrongful act, as director, to save himself from liability ? May he excuse an unlawful application of public funds, by showing a warrant which he himself unlawfully assisted in issuing ? We are very clear that he cannot. Cer- tainly it is true, that he must pay the warrants of the di- rectors, and is not answerable for their errors. Yet, it is also true that when he, as treasurer, becomes subordinate to himself as director, he can have no moral or legal right to protection as subordinate, by pleading his own lawful act as Il8 COMMON SCHOOL LAW superior. When the same man is both superior and sub- ordinate, the maxim ' respondent superior ' furnishes no protection to the subordinate. A treasurer cannot claim credit for payment of a warrant illegally issued, if he him- self aided in its issue. School directors cannot make law, and have none of the immunities of supreme legislators. Like other trustees, they are answerable for ordinary care and good faith in the performance of their duties. ^ Liable for unlawful settlement with tax collectors. 302. If school directors make an unlawful settlement with a tax collector, the directors will, themselves, be liable personally to the district for the loss. The settlement with tax collectors must be submitted to the auditors annually for approval.^ 5. The Township of Dickinson vs. Linn, 36 Pa. 431, i860. 6. Mason vs. Caffrey, 9 Kulp 414, 1S99. CHAPTER XIV. SCHOOL SITES. PAGE 303. Power of school directors or controllers to enter upon and occupy sufficient ground for school sites 119 Sites for school houses 120 Location of school houses 121 Review by the courts 122 Report of viewers 122 School board acquires no fee 123 Power to discontinue proceedings under act April 9, 1867 123 Certain land owned by county may be taken for educational purposes 123 Damages, how secured 123 Court of quarter sessions to appoint viewers. Duties of viewers. 124 Power of the school board to take public burial places 124 Court of common pleas to appoint viewers. Duties of viewers.. 125 Appeal from report of viewers 126 Procedure 127 304 305 306 307 308 309 310 312 313 314 315 -,16 Power of school directors or controllers to enter upon and occupy sufficient ground for school sites. 303. Whenever the board of directors, or controllers of of any school district in this Commonwealth, shall be unable to procure such eligible sites, for the erection of school houses thereon, as they may deem expedient, by agree- ment with the owner or owners of the land, it shall and may be lawful for the board of directors, in behalf of the district, to enter upon and occupy sufficient ground for the purpose, which they shall designate, and mark off, not exceeding, in any case, one acre, and to use and occupy the same, for the purpose of erecting thereon a school house, with its neces- sary or convenient appurtenances ; and for all damage done and suffered, or which shall accrue to the owner or owners of such land, by reason of the taking of the same, for the purposes aforesaid, the funds of the district, which may be raised by taxation, shall be pledged and deemed as security ; and it shall and may be lawful for the cotirt of common pleas of the proper county, on application thereto, by peti- tion, either by the said school district, through the presi- dent and secretary of the board of directors, or by the owner or owners of said land, or any one of them, in behalf of all, to appoint a jury of viewers, consisting of three discreet and I20 COMMON SCHOOL LAW disinterested citizens of said county, who shall not be the owners of property or residents in the school district in which such land is taken, as aforesaid, and appoint a time not less than twenty nor more than thirty days thereafter, for said view'ers to meet upon said land ; of which time and place ten days' notice shall be given by the petitioners, to the said viewers and the other party ; and the said viewers, or any of them, having been first duly sworn or af- firmed, faithfully, justly and impartially to decide, and a true report to make, concerning all matters and things to be submitted to them ; and having viewed the premises, they shall establish and determine the quantity and value of said land so taken, to be used for the purposes aforesaid, and after having made a fair and just computation of the advantages and disadvantages, they shall estimate and determine whether any, and if any, what amount of damages has been or may be sustained, and to whom payable, and make report thereof to said court ; and if damages be awarded and the re- port be confirmed by the said court, judgment shall be entered thereon ; and if the amount thereof be not paid within thirty days after the entry of said judgment, exe- cution, to enforce the collection thereof, may be issued as in other cases of judgment against school districts ; and each viewer shall be entitled to one dollar and fiftv cents per day, for every day necessarily employed in the perform- ance of the duties herein prescribed, to be paid by such dis- trict : Provided, That eitlier party shall have the right to have re- viewers appointed by said court.' Sites for school houses. 304. The word "ground" in the act of April 9, 1867, Sec. I, is synonymous with "land," and is )iot confined to such only as is bare for buildings. School directors may enter upon and occupy improved town lots. When a school district owns a lot, the directors may take beside, as much adjoining ground as is necessary for a site for a school house, if both together do not exceed one acre.^ 1. Act April 9, 1867, vSec. i, P. L. 51. 2. Ferreevs. the Sixth Ward Dist. of Allegheny, 76 Pa. 376, 1874. SCHOOL SITES 121 The school directors have the authority to condemn land for the purpose of enlarging- scliool property upon which a scliool house is already erected.^ Location of school houses. 305. Mr. Justice Williams said : " The subject of the controversy in this case is the lo- cation of a district school house. Reduced to its simplest terms the question raised is whether the exercise of official discretion of a board of school directors shall be supervised and directed by a court of equity. If so, the selection of teachers and text books, the fixing of the rate for the levy of school and building taxes, the arrangement of the course of study, together with other similar duties, will be here- after done subject to the opinion of the courts The ad- ministration of the school laws will in that case depend on the discretion of a chancellor, whose decrees will be en- forced by injunction or mandatory order. Such a conclu- sion would do violence to the school laws, and to the well settled rules that fix the limits of official discretion. If an officer neglects or refuses to enter upon the discharge of a duty which the law imposes upon him, the courts will quicken or compel action by a writ of mandamus. If he goes beyond what the law requires, attempts that which is ultra vires, or abuses his discretion in any manner, the courts will restrain him by injunction. The ground inter- mediate these extremes is the legitimate range of official dis- cretion, within which the officer, on whom the law has cast a duty, may determine the manner of its performance : Commonwealth vs. Cochran, i S. & R. 473 ; School Di- rectors vs. Anderson, 45 Pa. 388 ; Schlaudecker vs. Mar- shall, 72 Pa. 200 ; Dechert vs. Commonwealth, 113 Pa. 229 ; Runkle vs. Commonwealth, 97 Pa. 328. In the case of school directors who neglect or refuse to perform an official duty, the court of quarter sessions has a summary jurisdic- 3. Springboro Scliool District's Case, 21 Pa., C. C. 23, 1852. Thompson vs. East Marlborough School Dist. , i Ches. 493, 1874. 122 COMMON SCHOOL LAW tion and may remove them from office and appoint others to fill their places. For an abuse of discretion or an act con- trary to law, the remedy is in the common pleas. Bnt for a mistake in judgment as to the time or manner of per- formance of their official duties they are answerable to the constituency that elects them. They must act — their action must be within the legal limits that bound their powers. If they refuse to act, or go beyond the fair exercise of their discretion, the courts can exercise control o\er them. If neither of these conditions exist, but they proceed to the discharge of their duties, exercising their official discretion as to the manner, the courts cannot interfere. " But the learned counsel for the appellants seeks to in- duce action in this case by suggesting that a question of public health is involved. The bill alleges that the new loca- tion is less salubrious than the abandoned one, because more exposed to the winds of winter, and that pupils may suffer in health for this reason. It is more than doubtful whether the danger thus suggested is so obvious as to justify an ex- ercise of the police powers in order to avert it, even if the fact was admitted to be as alleged But it is distinctly de- nied in the answer before us. There is nothing in this case tlierefore to prevent the application of the general rule already stated." ^ Review by the courts. 306. When a school board has made a selection for a location for a school house which was not the best place that might have been prociired, the court will not interfere unless the directors acted arbritarily, beyond reason, or un- less they were dishonest or had improper motives in making such selection 5 Report of viewers. 307. The Court said :- "It is not necessary that the report of viewers in proceedings under the act of April 9th, 1867, P. L. 51, authorizing the selection of sites for school 4. Roth vs. Marshall, 158 Pa. 272, 1893. 5. Conney vs. Gardner, 16 Pa. C. C. 547, 1895. SCHOOL SITES 1 23 houses, be signed by all the viewers, a majority being suffi- cient to act. "^ School board acquires no fee. 308. Under the Act of April 9, 1867, P. L. 51, a school board acquires an easement only, and not a fee in land con- demned, and when the land is abandoned for school purposes its use and occupation reverts to the owner of the fee, nor can the board under the right of eminent domain acquire title to the land by adverse possession, or by prescription. 7 Power to discontinue proceedings under Act April 9, 1867. 309. Proceedings under the x'Vct may be discontinued at any time before final confirmation of proceedings, or the taking of actual possession of land. ^ Certain land owned by county may be taken for educational pur= poses. 310. Whenever any county shall have had, or may hereafter have, land conveyed to it, for its use, or to be ap- propriated to the public buildings thereof and for education- al purposes, and there shall be more of such land than is necessary to be used and occupied for such public buildings, and more of such land than is so used and occupied, it shall and may be lawful for the directors or controllers of any school district to enter upon and occupy sufficient of such land for the erection of a public school house or houses, and to use and occupy the same for the purpose of erecting, and to erect thereon a public school house or houses with the necessary or convenient appurtenances.^ Damages, how secured. 311. For all damages done or suffered, or which shall accrue to the county holding or owning such land, by reason of the taking of the same for the purposes aforesaid, the funds of the district taking such land, which may be raised by taxation, shall be pledged and deemed as security.'" 6. Jackson Township School District, 11, York, 15. 7. I/Hzarus vs. Morris, 29 Pa. C. C. 505, 1904. 8. Funk vs. Waynesboro School District, 3, Sadler Rep. 177, 1886. 9. Act April 4, 1889, Sec. i, P. L,. 25. 10. Act April 4, 1889, Sec. 2, i, P. L. 25. 124 COMMON SCHOOL LAW Court of quarter sessions to appoint viewers. Duties of viewers. 312. It shall and may be lawful for the court of quarter sessions of the county wherein such land is situate, upon the petition eitlier by the school district through the prin- cipal officer or officers thereof, or by the county holding or owning such land, through the principal officer or officers thereof, to appoint a jury of viewers, consisting of three dis- interested citizens, not residents of nor owners of property in the county or district in which such land is situate, and to fix a time, within sixty days thereafter, for said viewers to meet upon said land, of whicli time and place of meeting not less than ten days notice shall be given to the said viewers and to the other party, by the petitioners, and the said viewers or any of them, having been first duly sworn or affirmed, faithfully and impartially to decide, and a true report to make, concerning all matters and things to be submitted to them; and having viewed the premises, shall establish and determine the quantity and value of such land so taken and to be used for the purposes aforesaid, and after having made a fair and just computation of the advantages and disadvantages, they shall estimate and determine whether any, and if any, what amount of damage has been or may be sustained, and to whom the same is payable, and make re- port thereof to the said court. And if damage be awarded and the report be confirmed b)- the said court, judgment shall be entered thereon, and if the amount thereof be not paid within ninety days after the entry of said judgment, ex- ecution may be issued to enforce the collection thereof, as in other judgments against school districts. Each view^er shall be entitled to three dollars for every day necessarily employed, and five cents for each mile circular necessarily traveled, in the performance of the duties herein prescrib- ed to be paid by said district." Power of the school board to take public burial places. School directors may appropriate burial grounds for school purposes. 313. Whenever the board of directors or controllers of of any school district in this Commonwealth shall deem it II. Act April 4, 18S9, Sec. 3, P. L. 25. SCHOOL SITES 125 desirable to occupy for purposes of commou school educa- tion, either for the erection of public school houses or of other buildings used or to be used for public school purposes, or for play-grounds, connected with or belonging thereto, or of extending play-grounds, or of improving the sanitary conditions of any school property or for other school district purposes, any grounds therein used as a public burial place, or which may heretofore have been used as such, or which was or may have been conveyed to or otherwise vested in fee, or for any other estate or trust in any municipal body or corporation as or for a public burial place, such school board may, by resolution passed by the affirmative vote of at least four-fifths of all the members thereofand duly enter on the minutes, declare its intention to take, use and occupy the same for the purpose or purposes aforesaid, designating the same in said resolution by metes and bounds : Provided, No more than one-half acre of ground shall at any onetime be so taken or occupied : Provided further, however. That in cases where such cemetery or burial ground has ceased to be used as such, or where no interment has been made therein for a period of twenty years preceding the time at which such board of school directors or controllers desires to take possession thereof for the purposes aforesaid, one acre of ground may be taken and appropriated, used or occupied as aforesaid : And provided further also, That this act shall not apply to burial grounds belonging to religious societies, churches or congregations or to private corporations or associations, nor to such portions thereof as are devoted to public use or for the burial of the poor, nor to burial grounds on or connected with almshouse properties.'^ Court of common pleas to appoint viewers. Duties of viewers. 314. After the passage of said resolution, the court of common pleas of the proper county shall, on application of said board through its president, appoint three discreet cit- izens of the county in which said school district is located as viewers to view and ascertain the damages done, and likely to be done, by reason of such taking, use and occu- 12. Act June 25, 1895, Sec. i, P. L. 291. 126 COMMON SCHOOL LAW pancy, and shall appoint a time, not less than thirty nor more than sixty days thereafter, for said viewers to meet at or upon the premises so to be taken, used and occupied, of which time and place notice shall be given by said board of said viewers and to all parties interested, by publication for four successive weeks prior to the day of meeting, in not more than four nor less than two newspapers published in said county. The said viewers or any two of them having been first duly sworn or affirmed faithfully, justly and im- partially to decide and a true report to make concerning all matters and things submitted to them, and in relation to which they are authorized by law to inquire, and liaving viewed the premises shall establish and determine the quan- tity of said land so to be taken, used and occupied for the purposes aforesaid, and after having made a fair and just com- parison of the advantages and disadvantages, they shall es- timate and determine whether any, and if any, what amount of damages has been and seems likely to be sustained by reason of such taking, use and occupancy, and to whom pay- able, and make report thereof to said court ; and if dam- ages be awarded and the report be confirmed by the said court, judgment shall be entered thereon and execution to enforce the collection thereof may be issued as in other cases of judgment against school districts, and each viewer shall be entitled to two dollars per day for every day neces- sarily employed in the duties herein prescribed, to be paid by the school district. '^ Appeal from report of viewers. 315. Upon the report of said viewers or any two of :hem being filed in said court, any party interested may, within thirty days thereafter, except to the same, or file his, her, its or their appeal from the same to said court. Such appeal shall be in writing and accompanied by an affidavit of the appellant, or his, her, its or their agent, chief officer or attorney, that the same is not taken for the purpose of delay, but because the affiant firmly believes that injustice has been done ; after such appeal either party may put the 13. Act June 6, 1893, Sec, 2, P. L. 342. SCHOOL SITES 127 cause at issue iu the form directed by said court, and the same may be tried by said court and a jury, and said pro- ceedings shall be with the same right of appeal to the Su- preme Court as in other cases.'-* Procedure. 316. After the damages so finally determined upon, if any there be, shall have been paid to the parties in whose favor they are adjudged, or to the persons legally entitled thereto, such school district may, by its board of directors or controllers as the case may be, or by any person, con- tractor, agent, employe or officer thereto authorized by said board, enter upon, take, use and occupy such ground and erect building thereon, and do all things necessary and con- venient for the purposes aforesaid : Provided, That before entering upon, using or occupying the same, four weeks' notice shall be given by the board by publication in man- ner hereinbefore set forth, within wh'ich time any person having any relative or kindred buried in such burial place may designate where the same are buried and make de- mand npon said board, or the president thereof, that the re- mains of such relative or kindred be removed therefrom and separately interred elsewhere and marked with sub- stantial stones with appropriate inscriptions thereon at the proper expense and charge of said school district, which said demand shall be complied with before the commence- ment of the erection of any building on said grounds, and said school district shall, if necessary, purchase other land not more than twice the amount so to be taken for the pur- pose of re-interring therein the remains of persons buried in the ground to be taken, and all remains, so far as they can be found, shall be removed to the grounds so purchas- ed, or elsewhere, and interred in an orderly and decorous manner at expense of said district, and any grounds so pur- chased may thereafter be used as a public burial place in like manner as the property taken : Provided, That if any party in interest (other than such school district) appeal from the report of said viewers to the court as hereinbefore 14. Act June 6, 1893, Sec. 3, P. L. 342. 128 COMMON SCHOOL LAW provided for, it shall nevertheless be lawful for such board of school directors or controllers to file in court the bond or obligation of such school district, in such form and in such amount as said court may approve, for the use of such appellant, conditioned for the payment unto such appellant of all damages that may ultimately be adjudged unto the appellant, and also for the payment of all costs that may be adjudged against such school district, and upon the ap- proval and filing of such bond the said school district, by its board of directors or controllers, may forthwith have, exercise and enjoy all the rights and privileges and do and perform all things to be done in the premises as herein above directed, the same as if final judgment had been ren- dered in the cause and as if all damages were fully paid. '5 15. Act June 25, 1895, Sec. 4, P. L- 291. CHAPTER XV. SCHOOL HOUSES. PAGE 317. Buildings for school purposes 129 318. Purpose of plans and specifications of school houses 129 319. School houses 130 320. Lighting 130 321. Class rooms. Air space 130 322. School boards may permit use of grounds for recreation pur- poses 130 323. Care and protection 131 324. May lease or permit use of grounds 131 325. Protection of school houses 131 326. Use of school houses for literary purposes 132 327. School boards may purchase United States flags 132 328. Fire escapes 132 329. Examination and approval of fire escapes 133 330. Criminal liability for neglect of duty 133 331. Water closets 134 332. Removal of directors for failure to comply with the require- ments 134 333. Houses must be separate 135 334. Duties of school directors and controllers to remove excre- ment and waste matter 135 335. Duty of the president 135 336. The duty imposed upon directors is manditory 135 337. Powers of school board to contract for water supply. Term of contract 138 338. Payment of costs ? 138 339. Bills shall be audited 138 340. Power of school board to approve bond of contractors 139 341. Void contracts 139 342. Authority of contract 139 343. Awarding contracts 139 344. Not required to take bids for heating 139 345. Unrecorded acts not void 140 Buildings for school purposes. 317. School directors and controllers shall cause suit- able lots of grounds to be procured, and suitable buildings to be erected, purchased or rented for school houses, and shall supply the same with the proper convenience and fuel.' Purpose of plans and specifications of school houses. 318. Whereas, it is of great importance to the people of this Commonwealth that public school buildings, here- I. Act May 8, 1854, Sec. 23, P. L. 621. 130 COMMON SCHOOL LAW after erected by any board of education, school trustees or school directors, shall be properly heated, lighted and venti- lated.^ School houses. 319. In order that due care may be exercised in the heating, lighting and ventilating of public school buildings hereafter erected, no school house shall be erected by any board of education or school district in this state, the cost of which shall exceed four thousand ($4,000.00) dollars, until the plans and specifications for the same shall show in de- tail the proper heating, lighting and ventilating of such building.3 Lighting. 320. Light shall be admitted from the left or from the left and rear of class rooms, and the total light area must, unless strengthened by the use of reflecting lenses, equal at least twenty-five per centum of floor space.'' Class rooms. Air Space. 321. School houses shall have in each class room at least fifteen square feet of floor space, and not less than two hundred cubic feet of air space per pupil, and shall provide for an approved system of indirect heating and ventilation, by means of which each class room shall be supplied with fresh air at the rate of not less than thirty cubic feet per minute for each pupil, and warmed to maintain an average tem- perature of seventy degrees Fahrenheit during the coldest weather. 5 Protection of school property of cities and boroughs. School boards may permit use of grounds for recreation purposes. 322. It shall be lawful for the ward or sub-district school boards, as well as for the central boards of educa- tion or of school controllers or directors in the several cities 2. Preamble to Act April 22, 1905, P. L. 282. 3. Act April 22, 1905, Sec. i P. L. 282. 4. Act April 22, 1905, Sec. 2, P. L. 282. 5. Act April 22, 1905, Sec. 3, P. L. 282. SCHOOL HOUSES 131 and boroughs of the Commonwealth, to permit the use of the school grounds under their jurisdiction for park and recreation purposes by the public.'' Care and protection. 323. It shall be lawful for all such ward or sub-district school boards and central boards of education, or of school controllers or directors in the several cities and boroughs of the Commonwealth, to make arrangements with the city or borough authorities for the enlargement, improve- ment, care and protection of the school grounds when used for park and recreation purposes by the public, and power is hereby conferred upon such city and borough authori- ties to make such expenditures as may be necessary to carry such arrangements into effect.'' flay lease or permit use of grounds. 324. The said city, borough and school authorities are hereby empowered to make similar arrangements with cor- porations, societies, associations or individuals having pro- perty which they are willing to donate, lease or permit the use of for public park or recreation purposes, and said city and borough authorities are also empowered hereby to make all expenditures necessary to make such arrangements effective.^ Protection of school houses. 325. If any person shall wilfully and maliciously break or enter any public school house, public school build- ing or other building used for public school purposes, or any out house used in connection therewith, or shall injure, damage or destroy any school furniture, books, papers, maps, charts or apparatus contained in any public school house or other building used and occupied for public school purposes, he shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not ex- ceeding one hundred dollars, or undergo an imprisonment 6. Act June 26, 1895, Sec. i, P. L,. 331. 7. Act June 26, 1895, Sec. 2, P. Iv. 331. 8. Act June 26, 1895, Sec. 3, P. L. 331. 132 COMMON SCHOOL LAW in the county jail for a period not exceeding six months, or either, or both, at the discretion of the court.^ Use of school houses for literary purposes. 326. It shall be lawful for school boards to grant the use of school houses for lyceuni and other literary purposes, non-sectarian, in their respective districts.'" School boards may purchase United States flag. 327. The board of education or the board of school trustees in the several cities, towns, townships, boroughs, villages and school districts of this state, may purchase a United States flag, flag-staff and the necessary appliances therefor, and shall display said flag upon, near or in the public school building during school hours, and at such times as the said board may deem proper ; and that the nec- essary funds to defray the expenses to be incurred herein shall be assessed and collected in the same manner as moneys for public school purposes are now raised by law." and this act shall take effect immediately.'^ Fire escapes. 328. All the following described buildings within this Commonwealth, to be provided with permanent, safe exter- nal fire escapes, to wit :- Every building used as a sanitary, college, academy, hos- pital, as3dum, or hotel for the accommodation of the public, every storehouse, factory, manufactory, or workshop of any kind in which employes or operatives are usually employ- ed at work in the third or any higher story, every tenement house or building in which rooms or floors are usually let to lodges or families, every public hall or place of amuse- ment, every parochial or public school building, when any of such buildings are three or more stories in height, shall be provided with a permanent, safe external means of escape therefrom, in case of fire independent of all internal 9. Act May 19, 1897, Sec. i, P. L. 76. 10. Act April II, 1901, Sec. i, P. L. 78. 11. Act July 9, 1897, Sec. i, P. L. 233. 12. Act July 9, 1897, Sec. 2, P. L- 233. SCHOOL HOUSES 1 33 stairways ; the number and location of such escapes to be governed by the size of the building, and the number of its inmates, and arranged in such a way as to make them readily accessible, safe and adequate for the escape of said inmates. Such escapes to consist of outside, open, iron stairway, of not more than forty-five degrees slant, with steps not less than six inches in width and twenty-four inches in length. '- Examination and approval of fire escapes. 329. It shall be the duty of the board of fire com- missioners in conjunction with the fire marshal of the dis- trict where such commissioners and fire marshal are elect- ed or appointed, to first examine and test such fire escape or escapes, and, after upon trial said fire escape or escapes should prove to be in accordance with the requirements of section one of this act, then the said fire marshal, in con- nection with the fire commissioners, or a majority of them, shall grant a certificate approving said fire escape, thereby relieving the party or parties to whom such certificate is is- sued, from the liabilities of fines, damages and imprison- ment imposed by this act : Provided, further. That in counties where no such fire marshals or fire commissioners exist, then the county commissioners in each said county shall be the board of examiners and shall grant certificates of approval when escapes are erected in accordance with the requirements of section one of this act.'^ Criminal liability for neglect of duty. 330. That every person, corporation, trustee, board of education, and board of school directors, neglecting or re- fusing to comply with the requirements of section one of this act, in erecting said fire escape or escapes shall be li- able to a fine not exceeding three hundred dollars, and also be deemed guilty of a misdemeanor punishable by im- prisonment for not less than one month, or more than two months. And in case of fire occurring in any of said buildings in the absence of such fire escape or escapes, ap- 12. Act June 3, 1885, Sec. i, P. L,. 68. 13. Act June 3, 1885, Sec. 2, P. L. 68. 134 COMMON SCHOOL LAW proved by certificate of said officials, the said person or cor- porations shall be liable in an action for damages in case of death or personal injuries sustained in consequence of such fire breaking out in said building, and shall also be deemed guilty of a misdemeanor punishable by imprisonment for not less than six months, nor more than twelve months ; and such action for damages may be maintained by any person now authorized by law to sue as in other cases of similar injuries : Provided, That nothing in this act shall interfere with fire escapes now in use approved by the pro- per authorities. '4 Water closets. Number and arrangement for each school. 331. Boards of school directors and controllers shall provide suitable and convenient water closets for each of the schools under their official jurisdiction, not less than two for each school or school building where both sexes are in attendance, in their respective school districts, with separate means of access for each, and unless placed at are- mote distauce one from the other, the approaches or walks thereto shall be separated by a substantial, close fence, not less than seven feet in height, and it shall be the duty of the directors or controllers to make provisions for keeping the water closets in a clean, comfortable and healthful con- dition. '^ Removal of directors for failure to comply with the require= ments. 332. Any failure on the part of school directors or controllers to comply with the provisions of this act shall make them liable to be removed from office by the court of quarter sessions of the county in which the schools are lo- cated, upon complaint made to the court, under oath or af- firmation, of not less than five taxable citizens resident in the school district in which the school is located. ^'^ 14. Act June 3, 1885, Sec. 3, P. L. 68. 15. Act June 6, 1893, vSec. i, P. L. 339- 16. Act June 6, 1893, Sec. 2, P. L. 339. SCHOOL HOUSES 1 35 Houses must be separate. 333. Separate apartments under the same roof will not be sufficient, but separate houses for each sex, placed as far apart as possible must be provided by the directors and properly cared for as the law expressly requires.''' Duties of school directors and controllers to remove excrement and and waste matter. 334. The boards of school directors and controllers of each school district of this Commonwealth, be and they are hereby required, at least once during each full school term, and prior to the first of January of each year, and within thirty days after the close of each annual school term, to have taken out, removed and hauled away all excrement and waste matter from every outhouse or water closet con- nected with or standing upon the premises of every public school house in the Commonwealth, or have the same pro- perly disinfected ; and they are required to have every out- house or water closet properly scrubbed, washed out and cleaned, the inside walls whitewashed, and the vaults or re- ceptacles covered with a layer of fresh dirt or dry slacked lime within ten days of the opening of each annual school term.'« ' Duty of the President. 335. The president of each board of school directors or controllers is required each year to certify, in the regular form provided for that purpose, that the requirements of this act have been fully carried out before the district can draw its annual appropriation from the state. '^ The duty imposed upon directors is mandatory. 336. The petitioners ask for the removal of the school directors of Lower Salford Township for failure to comply with the provisions of the Acts of June 6, 1893, P. L. 339, and June 24, 1895, P. L. 254. The first named act requires the outhouses to be separated by close fences not less than 1 7. School Laws and Decisions, Page 117, 1903. 18. Act June 24, 1895, Sec. i, P. L- 254. 19. Act June 24, 1895, Sec. 2, P. L. 254. 136 COMMON SCHOOL LAW seven feet in height, and that the water closets shall be kept in a clean, comfortable and healthy condition ; the sec- ond act also provides for the cleansing, etc, of the closets. For a failure to comply with the act of 1893 the directors are liable to be removed ; and unless the president of the school board certifies that the requirements of the act of 1895 have been fully carried out, the state appropriation cannot be drawn by the district. There can be no doubt that neither act has been com- plied with according to the spirit and intent of the law, and we would under the testimony be fully justified in removing the directors. The duty imposed on the officers is manda- tory, and no one can question the propriety of the law which imposes these duties. They are necessary for the health, comfort and morals of the children who attend the schools. We, however, recognize the fact that the re- spondents are respectable citizens who have not wilfully neglected their duties as they understood them, but have erred because of their ignorance of the law. They are thus liable to be removed ; but the court is not compelled to impose removal where it is satisfied that the neglect was merely a mistake of judgment. Their willingness to abide by the order of the court and their action since their atten- tion has been called to the matter, justify us in the conclu- sion that now that their attention has been called to the requirements of the law>that there will be no further reason for complaint on these grounds. We are convinced that the so-called "fence" is in no sense what is intended or required. The law reads : " The approaches or walks thereto (outhouses) shall be separated by a substantial close fence not less than seven feet in height." We cannot by general terms say what is meant by "the approach or walk" so as to apply to all cases. Much may depend upon the shape and size of the lot, the distance from school to outhouse, the location of the build- ings, etc. In some cases to build a fence from school to outhouse may entirely destroy the lot as a playground, and in others it might require a removal of buildings or the purchase of more ground. In each case there ought at SCHOOL HOUSES 137 least to be a substantial compliance with the words of the law — sufficient to separate the sexes in going- to and fro. In the case in hand a mere screen in front of the door amounts to nothing; and when the law says seven feet, six feet is not a compliance, but an evasion. Where the ground will admit of so doing, the safer plan is to have the whole walk separated; or where the removal of the outhouse or the building of an additional one will enable the walk to be separated, this should be done. As we have already stated, we cannot decide all the cases in advance, and only make these suggestions as rules which may enable the directors to fulfill their duties. It is unnecessary to say anything further in relation to the condition of the out- houses. They must be kept clean and in good repair, and further neglect on this score will not be overlooked. School directors when they assume office have a duty to the public which requires them to visit the schools and to inquire into the condition of the grounds and buildings. This is not to be left to the teacher. It is a duty incum- bent on the director, and unless he is willing to attend to it he should resign or be removed. A neglect of duty may cause the withholding of the state appropriation, and result in closing the schools for want of funds. Directors who would risk such a result are unworthy of the trust re- posed in them. Complaint is also made because of the employment of an improper person as teacher. But we are unwilling to in- terfere with the discretion imposed on the directors in this matter. The teacher received a certificate from the county superintendent after his attention had been called to the matter, and there does not appear to have been any recent acts of impropriety by the party to whom reference is made. If the school board are satisfied to have their own children sit under such a man, we must assume that they have confi- dence in him. The last complaint is one over which we have no con- trol except in a plain case of abuse of discretion. The di- rectors must be vested with authority to decide as to the number of pupils to be assigned to a school, and also which 138 COMMON SCHOOL LAW school the pupil is to attend. No unjust discrimination is apparent in this case, although we think it would have been a charitable and humane act, considering the physical con- dition of the boy, to have listened to the father's request. The interest of the child is more to be considered than any feeling of opposition to the parent. We are impressed with the idea that this case will be productive of good by calling the attention of directors in this and other townships to the provisions of the law claimed to have been violated. We do not think that there have been any wilful violations, but that in some cases there has been too much indifference shown by the directors, who fail to realize that their duties are active and require more from them than merely to meet periodicalh' to elect teachers, etc.^° Power of school board to contract for water supply. Term of contract. T^2>7- The school boards of the several townships or school districts within this Commonwealth, shall have full power and authority to contract with any person, company or association to furnish the said township or district with a sufficient supply of water for protection from fire or for sanitary purposes for a period not exceeding three (3) years, and to locate and erect fire plugs in close proximity to the school buildings.^' Payment of costs. 338. The school boards as aforesaid shall make a record of such contract as they may enter into, including the cost thereof, which they are hereby authorized to pay out of any funds in the treasury not otherwise appropriated." Bills shall be audited. 339. The township auditors shall pass upon such bills, and their action thereon shall have the same effect as upon other expenditures of such school boards.^^ 20. School Directors of Lower Salford Township, 19 Pa. C. C. 264, 1897. 21. Act June 24, 1895, Sec. i, P. L. 245. 22. Act June 24, 1895, Sec. 2, P. L. 245. 23. Act June 24, 1895, Sec. 3, P. L. 245. SCHOOL HOUSES 139 Power of school boards to approve bond of contractors. 340. The approval of the bond of a bidder for the erec- tion of a school building is entirely within the discretion of the board of school directors, and the court has neither the power nor inclination to interfere with the exercise of that discretion, except in cases of gross abuse of it. The mem- bers of a school board are as well, and in most cases better, able to determine the sufficiency of a bond than the court. If they have any doubt about the sufficiency of a bond offered for their approval, it is their duty to the public to refuse to approve it, and if it is an honest doubt, it is not material whether it is well founded or not.'''* Void contracts. 341. A contract made between a corporation and a board of school directors to build a school building is illegal and void if a member of the school board is also a stock- holder in the corporation, such contract being in violation of sec. 66 of the Act of March 31, 1860.^5 Authority to contract. 342. Parties dealing with the officers of a school board are bound to inform themselves as to the right and author- ity of such officials to bind the district in making contracts for supplies.^*' Awarding contracts. 343. School directors are not required to advertise for bids for the erection of school houses, or to award the con- tract to the lowest responsible bidder. ^^ Not required to take bids for heating. 344. It was held that a school board is not required to take bids before letting a contract for heating a school house, but may let the contract in any manner it may deem proper if this discretionary power is not abused. ^^ 24. Fritchey vs. School Directors, 19 Pa. C. C. 388, 1897. 25. Elmwood Lumber Co. vs. Fray, 19 Pa. C. C. 56, 1897. 26. Rutledge vs. McCue, 10 Kulp 57, 1900. 27. Taylor vs. School District, 4 Lack. Leg. N. 231, 1898. 28. Zies vs. Latimer, 28 P. L. J. 366, 1898. 140 COMMON SCHOOL LAW Unrecorded acts not void. 345. At a meeting of the board of school directors, 22d September, 1849, the directors, being all present, unani- mously authorized and directed Thomas Templeton, pres- ident of the board, to enter into an article on behalf of the directors, with John McBride for the building of a school house in the township. In pursuance of those instructions, Thomas Temple- ton, as president, and on behalf of the board of directors, made an agreement in writing, under seal, with the said John McBride, to build for the plaintiifs a school house, in the said township, as specified therein, and to finish it in May, 1850, for which the directors were to pay him $220.00. The article was lost, but it was testified that it was signed by the president of the board of school directors, and by Mc- Bride, with a seal to each name. McBride built the house, and the directors having paid him the whole amount of the consideration, except about $20.00, brought this suit to re- cover damages, both on account of defective materials and defective work. The lower court instructed the jury that the recorded minutes of the school directors were the only evidence of their acts, and that their acts, as a board, could not be proved by parol. On appeal Supreme Court reversed the judgment and awarded a new trial. Justice Lowrie said : " In School Directors vs. Cline we held that school di- rectors ' are a public bod)', bound to keep a record of their proceedings, and all their acts should appear on record,' and this is true : but this is not a declaration that their unre- corded acts are void. It indicates the duty of the directors to their constituents, and not to those with whom they are contracting — a duty the neglect of which may be of serious consequence to the district or to the directors themselves, but upon which contractors with the directors do not rely, and by which they are not intended to be affected, and to the neglect of which they cannot object." SCHOOL HOUSES 141 "The administration of the public business relating to roads, poor, and schools, can always be best performed by township officers ; and, unaccustomed as many of them are to the forms of conducting the business of public bodies, their acts must be treated as valid when found to be the re- sult of joint consultation, even though the form of record- ing them has been omitted." ^^ 29. School Directors vs. McBride, 22 Pa. 215, 1853. CHAPTER XVI. INDEBTEDNESS. PAGE 346. Schcx)I board may borrow money 143 347. Amount of indebtedness limited by the constitution 143 348. No matter how small the excessover the constitutional limita- tion, the increase shall be restrained 144 349. Without an election, decree of court authorizing indebtedness over 2 percent, is null and void 144 350. Not a violation of the constitution whereby adjusting indebt- edness between new and old district an indebtedness ex- ceeding two per cent, is charged against one 144 351. Resolution of school board to lay au annual tax for support of library not an increase of indebtedness under the constitu- tion 144 352. What the word "indebtedness" shall include 146 353. Calculating assets and liabilities to determine indebtedness.... 146 354. Statement of indebtedness to be published annually 147 355. Annual tax for the payment of interest and debt required by the constitution 147 356. Debt may be increased by vote. Manner of payment. State- ment 147 357. Provisions of the acts providing for an increase of indebted- ness must be strictly complied with 149 358. Statement must show ''actual indebtedness" 149 359. Notice of election on question of increase. Statement. Elec- tion 150 360. Result of election. If for increase, tax to be levied for pa}'- nieiit 151 361. Act of April 18, 1895, limited increase of debt at any time to two per cent 152 362. Bonds may be redeemed before or after maturity with consent of holders 152 363. Refunding and redemption of existing indebtedness incurred prior to April 28, 1875 I53 364. Bonds issued since April i8th, 1895, validated 154 365. Bona fide purchasers of school bonds or other securities. School district cannot deny statement to repudiate bonds... 154 366. Where debt is lawful, though some provisions of the act are not complied with, court will protect innocent purchasers of bonds 155 367. Illegality of assessment does not invalidate bonds 155 368. Court of common pleas has authority to authorize debt under act of 1871 155 369. Power of the court of common pleas to adjust indebtedness 156 370. The act of 1871, above quoted, not repealed by the act of 1874. ^5^ 371. Court may appoint an examiner to take testimony where peti- tion is presented to borrow money 157 372. Issuing of bonds in pursuance of centralization 157 373. How to validate indebtedness created by school directors with- out assent of electors 158 INDEBTEDNESS 143 PAGE 374. Duties of corporate authorities. Notice 158 375. Election. Tickets. Time of holding. Expenses 159 376. Election to be governed by existing laws 159 377. When debt shall become valid. Tax to pay debt 160 378. Recall of bonds irregularly issued 160 379. Where act shall not apply 160 380. Adjustment of indebtedness where new districts are formed by the erection of boroughs out of townships; where town- ship has been merged into more than one boroiigh, etc. Court, sitting in equity, to adjust and apportion indebted- ness 161 381; Act of June 24, 1895, constitutional 162 382. Measure of value of school property in adjusting indebtedness. 162 383. Court ma}- pass upon the claims of third parties iu adjusting indebtedness 162 384. Court may appoint auditor to report upon adjustment 163 385. Notice to persons to present claims. Failure to present, etc... 163 386. Court to make necessary rules for collection and payment of the adjusted indebtedness 164 387. Court may appoint receiver to whom money shall be paid. Duties of 164 388. How indebtedness and balance in the treasury shall be cred- ited - 164 389. Costs, how paid 165 School board may borrow money. 346. For the purpose of erecting school houses or pur- chasing ground whereon to erect school houses, it shall be lawful for the directors or controllers of any district to bor- row money at a rate of interest not exceeding six per centum, and issue bonds therefor in sums of not less than one hun- dred dollars each.' Amount of indebtedness limited by the constitution. 347. The debt, of any county, city, borough, township, school district, or other municipality or incorporated dis- trict, except as herein provided, shall never exceed seven per centum upon the assessed value of the taxable property therein, nor shall any such municipality or district incur any new debt, or increase its indebtedness, to an amount exceeding two per centum upon such assessed valuation of property, without the assent of the electors thereof, at a pub- lic election in such manner as shall be provided by law.^ 1. Act May 8, 1854, Sec. 22, P. L. 617. 2. Constitution of Penna., Art IX., Sec. 8. 144 COMMON SCHOOL LAW No matter how small the excess over the constitutional limitation, the increase shall be restrained. 348. " Defendants claim that the margin is so small and insignificant that the right of the plaintiffs to an injunc- tion is at best doubtful on their own showing ; but we hold that once it is clearly shown a school district has increased its indebtedness bej'ond the constitutional limitation an in- junction must be allowed. Whether the excess is $100.00 or $1,000.00 or more makes no diiference." ^ Without an election, decree of court authorizing indebtedness over two per cent, is null and void. 349. A decree of court authorizing a school district to borrow money to an amount increasing its indebtedness more than two per cent, upon the valuation of the property, without the assent of the electors, being void, equity will enjoin the performance of a contract entered into for the purpose of building a school house with the proceeds of such loan. 4 Not a violation of the constitution whereby adjusting indebtedness between new and old district an indebtedness exceeding two per cent, is charged against one. 350. ''A decree of the court of common pleas of the proper county, sitting in equity, adjusting the indebtedness between a new school district and the original district, of which it formerly constituted a part, in accordance with the provisions of the act of June 24, 1895, P- L. 259, is not in conflict with Art. IX., Sec. 8, of the Constitution of Penn- sylvania, though the result of such decree may be to charge the new district with an indebtedness exceeding two per cent, of the assessed valuation of taxable property." ^ Resolution of school board to lay an annual tax for support of library not an increase of indebtedness under the constitu- tion. 351. The Norristown School Board, at a regular meet- ing held May 3, 1901, passed the following resolution : " Whereas, Hon. Andrew Carnegie made the following proposition: 'If Norristown will provide a suitable site, 3. Dolan et aL vs. Lackawanna School District, 10 D. R. 694, 1901. 4. Luburg's Appeal, 23 W. N. C. 454, 1889. 5. Parker Twp. School District vs. Bruin Boro. School Dist. 13 D. R. 769, 1 90 1. INDEBTEDNESS 145 and, by ordinance, agree to tax itself to extent of $5,000.00 a year for the support of library, ... he will be glad to give $50,000.00 for a librarj- building ;' *' And whereas, the citizens of Norristown and else- where, by public subscription, are providing (with other money made available) the necessary means to purchase the Slingluif property, opposite the high school, at the price of ^20,009.00 as and for the most suitable site for a new pub- lic library ; " Therefore, be it and it is hereby resolved by the board of school directors of the borough of Norristown, in regu- lar meeting assembled, and acting by virtue of the power invested in said school board under the act of the Gen- eral Assembly of the Commonwealth of Pennsylvania, passed June 28, 1895, and supplements, in consideration of the offer of the Hon. Andrew Carnegie to give the sum of $50,- 000.00 for the erection of a public library building, and of the donations by those contributing moneys for the pur- chase of a suitable site, the same are hereby duly accepted, and the said school board agrees annually to lay a tax on the valuation of the property assessed for school purposes suf- ficient to raise the sum of $5,000.00, which tax shall be collectible as the school taxes of the district are at the time of collecting the same ; and said sum of $5,000.00 so annually collected shall be appropriated for and toward the support, maintenance and increase of said free public library." Among others, the following objections to the tax were raised : "The action of the school board constitutes an at- tempt not only to impose upon the district a permanent in- debtedness without provision for redemption, but an in- debtedness in excess of the constitutional liuiit of two per cent." The court said : "If the action of the school board is to be considered as the creation of a debt, then either of the reasons assigned would be fatal to the library project We are of the opinion that the agreement or resolutiou of the school board to levy an annual tax of $5,000.00 for the sup- port of a library is not the creation of a debt within the 146 COMMON SCHOOL LAW meaning of any act of assembly or of the constitution. . . . The proposition before us is not to create a debt within the meaning of the constitution, but to increase the current rev- enue of the school district for a lawful purpose, and in an amount, as the facts before us disclose, far below the max- imum limit stated in the act of 1895. If the time should ever come when the assessed valuation of property in the Norristown school district should fall below $5,000,000.00, and the law should remain as it is now, the levy could not exceed one mill. Or, if a future school board should refuse to make a levy of any amount for the maintenance of the library, we have very little doubt as to the remedy by man- damus. But these questions are not before us now. In the particular phase of the case now under discussion, the ques- tion is, whether by any rule of construction the action of the school board can be considered as an increase of debt within the inhibition of the constitution. We are clearly of the opinion that it is not. " ^ What the word ^* indebtedness " shall include. 352. The word " indebtedness," used in this act, shall be deemed, held and taken to include all and all manner of debt, as well floating as funded, of the said municipality ; and the net amount of such indebtedness shall be ascertained by deducting from the gross amount thereof, the moneys in the treasury, all outstanding solvent debts, and all revenues applicable within one year to the payment of the same.^ Calculating assets and liabilities to determine indebtedness. 353. " In calculating the assets and liabilities of a school district to determine whether certain contracts au- thorized by the district are unlawful by reason of their in- creasing the indebtedness of the district beyond its consti- tutional limitation. " (a) The commissions and exonerations must be de- ducted from the amount claimed as an asset due the district from taxes. 6. Sheetz et aL vs Norristown Boro. School Dist. 11 D. R. 403, 1901. 7. Act April 20, 1874, Sec. 5, P. L. 65. INDEBTEDNESS 147 " (b) The value of certain lots of the school district, es- timated at the amount of allowance which one of the con- tractors offers to make for them, if the school district will let them go at that price, is too problematic an asset to be considered as such. " (c) The riglit of the new board to levy a tax for build- ing purposes is not an asset. " (d) Money due the school district from another school district, on an adjustment of the assets and liabilities be- tween them, is an asset, although the exact amount thereof has not been determined by the auditor appointed for that purpose." ^ Statement of indebtedness to be published annually. 354. The corporate authorities of every such munici- pality or district shall, annually, in the month of January, prepare and publish in at least two newspapers of said mu- nicipality or of the county in which the same is situate, if so many be printed therein, a statement showing in detail the actual indebtedness, the amount of the funded debt, the amount of the floating debt thereof, and valuation of tax- able property therein, the assets of the corporation, with the character and nature thereof, and the - date of maturity of the respective forms of funded debt thereof, and a neglect or failure so to do shall be a misdemeanor, punishable by fine not exceeding one thousand dollars.^ Annual tax for the payment of interest and debt required by the constitution. 355. Any county, township, school district, or other municipality, incurring any indebtedness, shall, at or be- fore the time of so doing, provide for the collection of an annual tax sufficient to pay the interest, and also the prin- cipal thereof within thirty years. '° Debt may be increased by vote, flanner of payment. Statement. 356. Any county, city, borough, school district or other municipality or incorporated district may incur debt. 8. Dolan et al. vs. L,ackawanua School District, 10 D. R. 694, 1901. 9. Act April 20, 1874, Sec. 6, P. L,. 65. 10. Constitution of Penna. , Art. IX., Sec. 10. 148 COMMON SCHOOL LAW or increase its indebtedness to an amount in the aggregate not exceeding two per centum upon the assessed value of the taxable property therein, as fixed and determined by the last preceding assessed valuation thereof; and the corporate au- thorities of such municipality may, by a vote thereof duly recorded upon its minutes, authorize and direct the incur- ring or the increase of such debt to the amount aforesaid, and may issue coupon bonds or other securities therefor in sums not less than one hundred dollars each, bearing inter- est at a rate not exceeding six per centum per annum, pay- able semi-annually, and the principal thereof reimbursable at a period not exceeding thirty years from the date at which the same is authorized ; and an annual tax com- mencing the first year after such debt shall be increased or incurred sufficient for the payment of the interest thereon, and the principal of such debt within a period not exceed- ing thirty years from the date of such increase shall be forthwith assessed. Before issuing any such obligation or security, it shall be the duty of the principal officer or of- ficers of such municipality or incorporated district to pre- pare a statement, showing the actual indebtedness of such district, the amount af the last preceding assessed valuation of the taxable property therein, the amount of debt to be in- curred, the form, number and date of maturity of the obli- gations to be issued therefor, and he shall make and append thereto his oath or affirmation of the truth of the facts therein stated, and shall file the said statement in thfe office of the clerk of the court of quarter sessions of the proper county ; upon failure so to do, he shall be guilty of a mis- demeanor, and on conviction thereof shall be punished as provided in the first section of this act. Certified copies of the record of such statement under the seal of said court shall be competent evidence in all the courts of this Com- monwealth : Provided, That the bonds shall not be sold at less than their par value.'' Act April 13, 1897, p. L. 17. amending Sec. 2, Act April 20, 1874, P. L. 65. INDEBTEDNESS 149 Provisions of tlie acts providing for an increase of indebtedness must be strictly complied with. 357. "The provisions of the act of April 20, 1874 (and amendments), for increasing an indebtedness of a school district exceeding two per cent, of its assessed valuation, must be strictly complied with. The absence of a valid^n'otice of an election upon the question of iricrease of indebtedness,' as required By the adt of 1874, tlie oifiission of thd school board to levy dn annual tax to pdiy the interest, 'etci, "as re-^ quired by 'Sec.' 10, Art. IX., of the 'Constitution, and the failure to file' a statement showing^ the indebtedness, etc.,"a^ required by the act of 1874, will prevent the issuing of bonds. "The spirit of the act of 1874 requires publication of notice of such election to be weekly for the thirty days im- mediately preceding the election." '^ Statement must show ♦' actual indebtedness." 358. The evident .legislative intent, permeating the en- tire statute law on the subject of municipal debt, is that it shall not be done in the dark — that the people who pay are entitled to know what they are paying for. And so, the statement required to be published at the end of the fiscal year must show the indebtedness in detail, and that re- quired to be filed in the office of the clerk of quarter ses- sions must show, not the probable amount of indebtedness as guessed at, but the " actual indebtedness " as ascertained. What that is lies, or should lie, peculiarly within theknowl- edsfe of the school directors. Where the correctness of their filed statement in this regard is attacked, the burden is, therefore, upon them to support it ; and when, as here, the evidence develops the fact that the directors did not know what the " actual indebtedness " of the district was, it is sufficiently obvious that they could not, and hence did not, file a statement "showing the actual indebtedness of su'ch district " as required by law, and, therefore, have no author- ity to issue the bonds in question." 13 ■ • 12. Witherop vs. Titusville School Board et al., 7 Pa. C. C. 431, 13. Mason vs. School District, 10 Kulp 563, 1890. I50 COMMON SCHOOL LAW A board of school directors shall not be enjoined from incurring a debt which they deny will exceed the legal amount and the proofs fail to disprove it.''* Notice of election on question of increase. Statement. Election. 359. The indebtedness of any county, city, borough, township, school district or other municipality or incor- porated district in this Commonwealth, may be authorized to be increased to an amount exceeding two per centum, and not exceeding seven per centum, upon the last preceding as- sessed valuation of the taxable property therein, with the assent of the electors thereof, duly obtained at a public elec- tion to be held in the said district or municipality. When- ever the corporate authorities of any county, city, borough, township, school or other municipality or incorporated district, by their ordinance or vote shall have signi- fied a desire to make such increase of indebtedness, they shall give notice during at least thirty days, by weekly advertise- ments in the newspapers, not exceeding three in said dis- trict ; and if no newspaper be published therein, by at least twenty printed hand bills posted in the most public parts thereof, of an election to be held at the place or places of holding the municipal elections in said district or munic- ipality on a day to be by them fixed, for the purpose of ob- taining the assent of the electors thereof to such increase of indebtedness. Said notice shall contain a statement of the amount of the last assessed valuation, of the amount of the existing debt, of the amount and percentage of the proposed increase, and for the purposes for which the indebtedness is to be in- creased. Such election shall be held at the place, time and under the same regulations as provided by law for the hold- ing of municipal elections, and it shall be the duty of the inspectors and judges of such elections to receive tickets, either written or printed from electors qualified under the constitution of this state to vote in such district, labeled on the outside, " Increase the debt," and containing in the in- 14. Richards vs. Joyce, 8 Kulp 572, 1897. Wharton et al. vs. School Directors, 42 Pa. 358, 1862. McKean et al. vs. Brown et al. 3 Kulp 266, 1882. INDEBTEDNESS 151 side the words, " 110 increase of debt," or " debt may be in- creased ; " also briefly, the purpose and amount of increase, and to deposit said ticket in a box provided for that pur- pose, as is provided by law in regard to other tickets re- ceived at said election ; and the tickets so received shall be counted, and a return thereof made to the clerk of the court of quarter sessions of the proper county, duly certified, as is required by law, together with a certified copy of the ordi- nance and the advertisement; and the said clerk shall make a record of the same, and furnish a certified copy thereof, iindei seal, showing the result, to the corporate authorities of such municipality, and the same shall be placed of record upon the minutes thereof The corporate authorities of such municipality shall, in all cases, fix the time of holding such election on the day of the municipal or of the general election, unless more than ninety days elapse between the date of the ordinance or vote desiring such increase, and the day of holding the said municipal or general election. If any other day be fixed for such election, the expense of holding the same shall be paid by the municipality for the benefit of which it shall be held. In receiving and count- ing and in making returns of the votes cast, the inspectors, judges and clerks of said election shall be governed by the laws of this Commonwealth regulating municipal elections ; and the vote shall be counted by the court as is now pro- vided by general laws governing municipal elections, and all the penalties of the said election laws for the violation thereof, are hereby extended to, and shall apply to the voters, inspectors, judges and clerks voting at and in attendance upon the elections under the provisions of this act.'s Result of election. If for increase, tax to be levied for payment. 360. Whenever, by the returns of such election, it shall appear that there is a majority voting for " no increase of debt," such increase shall not be made. Nor shall any other election upon the same subject be held in that municipality for one year from the date of such preceding election. If the 15. Act June 9, 1891, P. h. 252, amending Sec. 3, Act April 20, 1874, P. L. 65. 152 COMMON SCHOOL LAW return of such election shall show a majority voting that "debt may be increased," the corporate authorities of the piunicipality may increase the same to, the ,amoun.t nam^d and specified in the notice given for the holding of suc^ election for increasing indebtedness, to an amount not ex- ceeding two per centum, inclu.diug the sworn. statement to be filed in the office of the court of quarter sessions of the proper county ; and they shall, before issuing any obliga- tions therefor, assess and levy an annual tax, the collection whereof shall commence the first year after the said increase, jvhich tax shall be equal to and sufficient for and appljed exclusively to the payment of the interest and the principal of such debt within a period not exceeding thirty years from the date of such increase ; and the moneys arising from such tax shall be applied, at such periods as the municipality thay stibulate in such obligations, to the redemption, at par^ of the said outstanding obligations according to their terms.'^ A^ct of April 18, 1895, limited increase of debt at any time to two per cent. . 3.61;. Under the act of April 18, 1895, P. h. 36, a mu- nicipality can only increase its indebtedness at any one time, at any election, by an amount not over two per centum, by a vote of the people.''' Bonds may be redeemed before or after maturity with consent of holders. 362. In all cases where any school district, or school directors of any such district, in this Commonwealth has, by virtue of any law or any general or special act of assembly of this Gpmmon wealth, issued bonds, either with or without interest coupons attached, certificates or any other evidences of indebtedness, to secure any indebtedness of any such ^chool district, it shall be lawful for the school directors, or proper officers of any such school district, to redeem any or all of thebonds, certificates or any other evidences of indebted- ness so issued as aforesaid, before or after maturity thereof. 16. Act April 18, 1895, P. L. 36, amending Sec. 4, Act April 20, 1874, P. L. 65. 17. But see Act of March ir, 1897, Sec. i, P. L. 53- INDEBTEDNESS , 1 53 with the consent of the holders thereof, and for the purpose of redeeming or paying any such bonds, certificates or other evidences of indebtedness, to issue new bonds therefor, pay- able at any time not exceeding twenty years after the date thereof, at the same or any lower rate of interest, with or with- out interest coupons attached, and not exceeding in the ag- gregate amount the amount of the bonds, certificates or other evidences of indebtedness, so redeemed or paid.'^ Refunding and redemption of existing indebtedness, incurred prior to April 20, 1875. 363. The existing indebtedness of any county, city, other than tliose of the first or second class, borough, school district, or other municipality or incorporated district, with- in this Commonwealth, evidenced by outstanding bonds, certificates, or notes issued prior to the twentieth day of April, Anno Domini one thousand eight hundred and seventy-five, may be provided for as the same shall mature by an issue to the holders of such outstanding bonds, cer- tificates or notes, of bonds or certificates in lieu thereof, if they shall agree to receive the same, or by the issue and sale at not less than par, of bonds or certificates in lieu of in- debtedness outstanding on the said twentieth day of April, Anno Domini one thousand eight hundred and seventy-five, except as hereinafter provided : Provided, That such bonds or certificates shall bear interest, at a rate not exceeding six per centum per annum, and may be issued redeemable at the pleasure of the obligators at any time fixed by them within twenty years from the date thereof; and it shall be the duty of the proper corporate authorities of such munici- pality or incorporated district, to assess and levy a special annual tax not exceeding five mills on the dollar on the as- sessed valuation thereof, immediately after the passage of this act, to pay such bonds or certificates reissued or issued and sold as aforesaid and which shall be sufficient for, and applied exclusively to, the payment of the interest and prin- cipal of such bonds and certificates within a period not ex- ceeding twenty years from the date of such bonds and cer- 18. Act May 10, 1881, P. L. 16. 154 COMMON SCHOOL LAW tificates so reissued or issued and sold : Provided, further, That the provisions of this act shall not be so construed as to authorize a reissue of any bonds or certificates which were issued, the legality and validity of which is now ques- tioned by legal proceedings in any of the courts of the Com- monwealth : And provided, further, That said reissued bonds shall not be liable to local taxation : And provided, further, That this act shall apply to municipalities the amount of whose legal indebtedness is limited in their re- spective charters of incorporation and supplement thereto as well as those not so limited. '^ Bonds issued since the i8th day of April, 1895, validated. 364, All bonds or other obligations of any county, city, borough, township, school district or other municipality or incorporated district within this Commonwealth, issued with the consent of the electors of such county, city, borough, township, school district or other municipality or incorpo- rated district, in conformity with the requirements of the law, except that the same have been issued since the eigh- teenth day of April, Anno Domini one thousand eight hun- dred and ninety-five, in amounts in excess of two per centum of such last assessed valuation, be and the same are hereby made valid legal obligations of the respective county, city, borough, township, school district or other municipality or incorporated district, which has issued the 3ame, and that the said respective county, city, borough, township, school district or other municipality or incorporated district shall be and is bound for the payment in full of said bonds or other obligations according to the tenor thereof^" Bona fide purchasers of school bonds or other securities. School district cannot deny statement to repudiate bonds. 365. " Where the president of a school board files with the clerk of quarter sessions of the county a sworn state- ment, showing the assessed valuation of taxable property in the district and the amount of its indebtedness, and that the 19. Act May 8, 1876, P. L. 128. 20. Act May 19, 1897, P. L. 76. INDEBTEDNESS 1 55 provisions of the act of April 20, 1874, P. L. 65, and its supplement of April 13, 1897, P. L. 17, have been complied with, the school district is estopped from setting up that the bonds were not issued in accordance with the provisions of the acts, as against a bona fide holder for value, who pur- chased them in reliance upon the facts set forth in the state- ment." ^' Where debt Is lawful, though some provisions of the act not com= plied with, court will protect innocent purchasers of bonds. 366. When a school district issues bonds, payable out of assessments on property, and subsequently the assess- ment is declared illegal, the illegality of the assessment does not relieve the district from liability on the bonds." illegality of assessment does not invalidate bonds. 367. A school district, desiring to borrow money for the purpose of erecting school houses or purchasing grounds whereon to erect school houses, must advertise in two news- papers for at least four weeks their intention to apply to the court of common pleas for its approval, as required by the act of April 21, 1871, P. L. 241, and procure the decree of the said court, before said district can file its statement in the office of the clerk, issue its bonds and levy the tax. But if the bonds have been issued without such proceedings and sold to innocent purchasers, if the debt so created is lawful and no proceedings have been instituted, until nearly three months after the sale of such bonds to restrain such issue, the court will decree the issue of such bonds, /n/nc pro tuiic^ when the statement is presented with all the formalities re- quired by the acts of assembly. '^ Court of common pleas has authority to authorize debt under act of 1871. 368. The several courts of common pleas of this Com- monwealth shall have power to authorize the school direc- 21. Parker Twp., School Dist. vs. Bruin Boro. School Dist. 13 D. R. 769, 1901. 22. Parker Twp. School Dist. vs. Bruin Boro. School Dist. 13 D. R. 769, 1901. 23. Phila. and Reading Coal and Iron Co. vs. Porter Twp. School Dist. 14 D. R. 581, 1905. 156 COMMON SCHOOL LAW tors, of any school district within their respective jurisdic- tions, to borrow money for the purpose of erecting school houses, to an amount not exceeding five per centum upon the last preceded adjusted tri-ennial valuation of the prop- erty of said school district ; and the said court may decree that such moneys shall be raised by bonds, mortgages or other security, at any rate not exceeding eight per centum, free from all taxation, and reimbursable at any period not exceeding twenty years from the date of such decree : Pro- vided, That before exercising jurisdiction of the petition of the board of school directors, or a majority thereof for such decree, the said board shall produce to the court the con- sent, in writing, of a majority in number of the qualified electors of such district : And provided further, That no such decree shall be made until notice by advertisements in two papers of said county, if so many shall be therein pub- lished, shall have been given by the said board of directors, during at least four weeks, of their intention to make ap- plication for such decree. ^'^ Power of the court of common pleas to adjust indebtedness. 369. That the proviso of the act giving the courts of common pleas of this Commonwealth power to authorize school directors to borrow money, which requires them to produce to said court the consent, in writing, of a majority in number of tlie qualified electors of the district for whose use the money is wanted, be and the same is hereby re- pealed. ^s The act of 1871, above quoted, not repealed by the act of 1874. 370. " It was decided by this court, in an opinion filed by the late lamented Judge Cyrus L. Pershing, in the case of the City of Philadelphia vs. West Mahanoy Township School District (not reported), that the act of 1874 does not repeal the prior acts relating to school districts. " If the act of 1874 did not repeal the act of 1868, neither, in our judgment, did it repeal the provisions of the school law, which expressly declares for what purposes and 24. Act April 21, 1871, P. I/. 241. 25. Act April 7, 1873, P. L,. 64. INDEBTEDNESS I 57 in what way a debt may be created, and it is still necessary for the district desiring to borrow money for either of the two purposes mentioned in the act of 1854, to advertise in two newspapers for at least four weeks of their intention to apply to the court of common pleas for their approval, and procure the decree of the said court before said district can file its statement in the office of the clerk, issue its bonds and levy the tax." ^^ Court may appoint an examiner to take testimony where petition is presented to borrow money. 371. On an application by school directors for permission to borrow money, it is lawful for the court to appoint an ex- aminer to take testimony as to the facts alleged in the peti- tion and remonstrance, and upon his report being filed, to direct the payment of a reasonable allowance for his services. The school district may be directed to pay the allow- ance in the first instance, although the report of the exam- iner is favorable to the petition of the directors.'^ Issuing of bonds in pursuance of centralization. 372. Should the board of school directors deem it necessary to issue bonds to purchase a site or sites, or erect a building or buildings, for the purpose of such centraliza- tion, then the election shall be conducted as provided in section three of this act, but in such case the ballots shall also have printed thereon : For levying a tax to purchase site (or sites) and erect building (or buildings) for the centralization of schools, at a cost not to exceed $ Yes, For levying a tax to purchase site (or sites) and erect building (or buildings) for the cen- tralization of schools, at a cost not to exceed $ No; and if more votes are cast in favor of levying said tax for said purpose than against said proposition at such election, it shall be the duty of the said board of school directors, and the board of school directors is authorized to issue bonds and sell the same as provided by law, and to levy a special tax to provide for the payment of the same, together with 26. Phila.and Reading Coal and Iron Co. vs. Porter Twp. School Dist., 14 D. R. 581, 1905. 27. In re School Directors, 3 Kulp 59, 1884. 158 COMMON SCHOOL LAW interest thereon, provided said levy shall not in any one year exceed five mills on the dollar valnation, and said bonds shall not bear more than five per centum interest, and shall not be sold at less than their face value. ^^ How to validate indebtedness created by school directors without assent of electors. 373. That whenever any school district in any borough or township of this Commonwealth shall have heretofore created an indebtedness for a lawful purpose, by action of the legal and proper officers thereof, such indebt- edness being within the constitutional limit of seven per centum and in excess of two per centum of assessed valuation of such school district, and not having first obtained the assent of the electors thereof in favor of in- creasing such indebtedness as provided by law, it shall be lawful for the proper officers of such school district to cause to be submitted to the electors of such district the question of validating and giving binding force to such indebtedness theretofore attempted to be created.^'' Duties of corporate authorities. Notice. 374. The corporate authorities of any such school district may, by resolution, signify their desire to validate and give binding force to such indebtedness, whereupon it shall be their duty to give notice during at least thirty days by weekly advertisements in the newspapers, not exceeding three in said district ; and if no newspaper be published therein, by at least twenty handbills posted in the most pub- lic parts thereof, of an election to be held at the place or places of liolding the municipal elections, in which such school district may be, on a day to be by them fixed, for the purpose of obtaining the assent of the electors thereof, to the making valid and giving binding force to such increase of indebtedness. Said notice shall contain a statement of the amount of the last assessed valuation, of the amount of the existing debt, of the amount and percentage of the in- crease proposed to be made valid, and of the purposes for which the indebtedness was created and the money used.3° 28. Act of April 25. 1901, Sec. 4, P. L. 105. 29. Act June 10, 1897, Sec. i, P. L. 139. 30. Act June 10, 1897, Sec. 2, P. L. 139. INDEBTEDNESS 1 59 Election. Tickets. Time of holding. Expenses. 375. Such election shall be held at the place and time and under the same regulations, as provided by law for the holding of municipal elections, and it shall be the duty of the inspectors and judges of such election to receive tickets, either written or printed, from electors qualified under the consti- tution of this state to vote in such district, labeled on the outside ''increased debt," and containing in the inside the words "in favor of debt as already increased." or "against debt as increased," and to deposit said tickets in a box pro- vided for that purpose as is provided by law in regard to other tickets received at said election ; and the tickets so received shall be counted and return thereof made to the clerk of the quarter sessions of the proper county, duly certified, as is required by law, together with a certified copy of the resolution and the advertisement ; and the said clerk shall make record of the same and fur- nish a certified copy thereof, under seal, showing the result, to the corporate authorities of such school district, and the same shall be placed of record upon the minutes thereof The corporate authorities of such school district shall in all cases fix the time of holding such elections on the da\- of the municipal or of the general election, unless more than ninety days elapse between the date of the resolution or vote desiring such increase and the day of holding the said mu- nicipal or general election. If any other day be fixed for such election the expense of holding the same shall be paid by the school district for the benefit of which it shall be held.3' Election to be governed by existing laws. 376. In receiving and counting and making return of the votes cast, the inspectors, judges and clerks of said election shall be governed by the laws of this Commonwealth regu- lating municipal elections, and the vote shall be counted by the court as is now provided by general laws governing municipal elections ; and all the penalties of said election laws for the violation thereof are hereby extended to and 31. Act June 10, 1897, Sec. 2, P. h. 139. l6o COMMON SCHOOL LAW shall appl}- to tlie voters, inspectors, judges and clerks voting at and in attendance upon the elections held under the provisions of this act.^^ When debt shall become valid. Tax to pay debt. 377. Whenever, by the returns of such election, it shall appear that a majority of the votes cast is in favor of making valid the increased debt, such debt shall there- upon become valid and of binding force ; but the proper authorities in said school district shall, before issuing any obligations therefor, assess and levy an annual tax, which tax shall be equal to at least eight per centum of the amount of such increased debt, and which shall be sufficient for and be applied exclusively to the paying of the interest and principal of such debt within a period not exceeding thirty years from the date of such increase, and the moneys arising from such tax shall be applied annually, as far as the same may accumulate, to the redemption at par of said outstand- ing obligation. 33 Recall of bonds irregularly issued. 378. Where any school district in any borough or township has heretofore issued bonds or other evidences of indebtedness, without having first submitted the ques- tion of increasing the indebtedness to the electors of the dis- trict, when such submission was made necessary by law, such bonds or other evidences of indebtedness shall be re- turned and canceled before the issuance of other bonds or evidences of indebtedness made valid by such election as hereinbefore prescribed. ^^ Where act shall not apply. 379. The provisions of this act shall not apply to any case where, by judicial decision, the bonds of any school district shall have been declared invalid.^s All acts or parts of acts inconsistent herewith are hereby repealed.^^ 32. Act June 10, 1897, Sec. 2, P. L,. 139. 33. Act June 10, 1897, Sec. 3, P. L. 139. 34. Act June 10, 1897, Sec. 4, P. L. 139. 35. Repeal Act June 10, 1897, Sec. 5, P. L. 139. 36. Act June 10, 1897, Sec. 6, P. L. 139. INDEBTEDNESS l6l^ Adjustment of indebtedness where new districts are formed by the erection of boroughs out of townships ; where township has been merged into more than one borough, etc. Court, sit= ting in equity, to adjust and apportion indebtedness. 380. Whenever any school district has been or niay hereafter be formed as aforesaid,^'' or whenever any school dis- trict has been or may hereafter be entirely merged into more than one school district as aforesaid, 3^ any court of common pleas, of the proper county, sitting in equity, shall have power, upon the application of any one or more creditors of the school district or districts of said township or townships, or upon the application of the proper authorities of thescliool district or districts of any said township or townships, bor- ough or boroughs, or either of them, by a suit or suits in equity, to ascertain the indebtedness of the school district or districts of the said township or townships at the time of the formation of each of the school districts of said boroughs respectively, and to equitably adjust and apportion said in- debtedness between the school district or districts of said township or townships and borough or boroughs, and be- tween tlie several school districts of the boroughs into which any township shall have become merged, as aforesaid, and where any school, real estate and movable property belong- ing to the school district or districts of said township or townships are or shall be within the bounds of any such new district. Tlie said court shall further determine, on hearing, whether an undue proportion of the real estate and movable property belonging to the old district or districts are within the bounds of the new district and, if so, how much money shall be paid therefor by the new to the old district or districts, and the court shall thereupon decree the proportion of said indebtedness which each of said school districts shall pay and the amount of money, if any, which the new district shall pay to the old district or districts for any undue proportion of the school property within the bounds of such new district. In making said adjustment Note.— See Supra, vSec. 37, p. 14, CHANGES IN SCHOOL DIS- TRICTS, Sec. I, Act June 24, 1S97, P. L. 259. Note.— See Supra, Sec. 38, p. i4, CHANGES IN SCHOOL DIS- TRICTS, Sec. 2, Act June 24, 1895, P. L. 259. l62 COMMON SCHOOL LAW as applied to each of said new school districts reference shall be had to the time of the formation of such new school dis- trict and to the debts existing at the end of the current school year in which it was formed, whether since paid or not, and also to the several amounts of school taxes then unexpended and the said adjustment shall be based upon the assessment of said township or townships for the year in which such new district was formed : Provided, That in ascertaining said indebtedness, neither pending actions nor claims against the school district or districts of said township or townships, founded on tort, shall be included, unless the same shall in the meantime have been prosecuted to final judgment.3'? Act of June 24, 1895, constitutional. 381. It is not in conflict with Article I., Sec. 6 of the constitution, providing that trial by jury shall be as hereto- fore and the right thereof remain inviolate.^" Measure of value of school property in adjusting indebtedness. 382. Where a division of property is to be made be- tween two school districts created by the erection of a new district out of part of an old one, the proper ratio of distri- bution is the assessed values of taxable property in the re- specti\e districts. In determining the value of school buildings the aud- itor should value them by evidence of what they are worth as school houses, provided they are worth more for that than any other purpose. The mere market value is not the test.-*' Court may pass upon the claims of third parties in adjusting in= debtedness. 383. "Does the act of 1895 authorize the court to de- termine the rights of third parties and adjust their indebted- ness as against the municipalities ? At first blush, it seemed not, and upon the argument we were of the opinion 39. Act June 24, 1S95, Sec. 3, P. L. 259. 40. Parker Twp. School Dist. vs. Bruin Boro. School Dist. 13 D. R. 769, 1901. 41. Darby vs. Sharon Hill, 2 D. R. 485, 1892. INDEBTEDNESS 1 63 that it could not. But after examination the authorities were convinced that the act of assembly gives that power. The School District of Parker Township has invoked the power of the court sitting in equity to adjust the indebtedness be- tween it and the School District of Bruin Borough. " We took jurisdiction, and have spent many days in at- tempting to do what was requested by the plaintiff; must we now suspend until the courts of law can dispose of the contentions of third parties with the school districts ? We think not. It would be an affectation of learninsf to cite cases that hold when a court of equity once has a case with- in its grasp, it not only has the power but it is its duty to dispose of all questions arising in the case." ^^ Court may appoint auditor to report upon proper adjustment. 384. Where a borough is created out of part of the ter- ritory comprised in another borough, the court of quarter sessions has jurisdiction, under the act of June i, 1887, P. h' 285, to appoint an auditor to report upon the proper adjustment of the property and indebtedness of the school districts of the two boroughs.'*^ Notice to persons to present claims. Failure to present claims, etc. 385. Three months public notice shall be given under the order of said court to all persons having claims against the school district or districts of said townshp or townships, excepting claims in pending actions and claims founded on tort, as aforesaid, to present the same on or before the day therein named, and all persons not presenting their said claims on or before the said day shall be forever debarred from enforcing collection of the same, said notice to be piib- lished in not less than two newspapers of the proper county, if there are so many printed in said county, or if there he but one newspaper printed therein, then said notice shall be printed in the same and shall be published in any other manner directed by the said court : Provided however, 42. Parker Twp. School Dist. vs. Bruin Bore. vSchool Dist. , 13 D. R. 769, 1901. 43. Darby Borough School District's Appeal, 160 Pa. 79, 1894. See Darby vs. Sharon Hill, 2 D. R. 485, 1892. l64 COMMON SCHOOL LAW That no owner or holder of any bond or bonds of any such school district shall, for any failure to present or make proof of the same as aforesaid, be precluded or debarred thereby from enforcing collection of the same.'^^ Court to make necessary rules for collection and payment of the adjusted indebtedness. 386. The said court shall have power to make all need- ful rules, orders and decrees in the premises, and for the col- lection and payment by the school district or districts of said township or townships, borough or boroughs of the share of said indebtedness, respectively, apportioned to them, and of any sum of money decreed to be paid by an)- such new district to the school district of any township from which it was formed for any undue proportion of school property within the bounds of such new district, and may order the proper officers of the school district or districts of any said township or townships, borough or boroughs, or of either of them, to collect, by special taxation, an amount sufficient to pay the same, either in any one year or by annual in- stallments, as to the court shall appear just and reason- able.45 Court may appoint receiverto whom money shall be paid. Duties of. 387. The said court shall have power, in its discretion, to appoint a receiver to whom the money due on account of indebtedness from each school district for the purpose aforesaid shall be paid, and it shall be his duty to pay over the amount so received by him to the holders of said in- debtedness in such order or in such proportions as the court shall direct, and in case of any special taxation in any said school district, or in all of them, being ordered for or on ac- count of any indebtedness as aforesaid, the collector of said special tax shall pay the same directly to said receiver.'^^ How indebtedness and balance in the treasury shall be credited. 388. The school district of each borough, in any of the cases aforesaid, shall be credited with the proper share of 44. Act June 24, 1895, Sec. 4, P. L. 259. 45. Act June 24, 1895, Sec. 5, P. L. 259. 46. Act June 24, 1895, Sec. 6, P. L. 259. INDEBTEDNESS I 65 such indebtedness due to the school district or districts of said township or townships at the time of the formation of such borough district, as shall have since been collected, and shall likewise be credited with its proper share of any unappropriated balance in the treasury of the school district or districts of said township or townships at the end of the current school year during which such borough district shall have been formed, and the said court shall have like power to equitably adjust and apportion the same.^^ Costs, how paid. 389. The costs of said proceedings shall be paid by the school districts of the said several townships and boroughs in such proportions as the said court shall adjudge, and 'the orders and decrees of the said court in such proceedings may be enforced by attachment.'^^ 47. Act June 24, 1895, Sec. 7, P. Iv. 259. 48. Act June 24, 1895, Sec. 8, P. L. 259. CHAPTER XVII. TAXATION. PAGE 390. Pennsylvania constitutional provision 168 391. School board to determine the amount of tax 168 392. Tax to be levied but once a year 168 393. Legal requirements as to determining tax 169 394. Tax levy. Time of making the levy 169 395. Resolutions and proceedings of the board should appear upon the minutes 170 396. No tax to be levied by directors, except by affirmative vote of a majority. Votes. Minutes 172 397. The courts demand a substantial compliance with all the pro- visions of the act 1 72 298. Amount of tax and kind of taxables 173 399. Amount of tax not to exceed the sum of state and county tax.. 173 400. County comriissioners to furnish adjusted valuation 174 401. School tax limited I74 402. Construction of 29th section of Act May 8, 1854 174 403. School directors to levy a per capita tax of one dollar 175 404. Collection 175 405. Per capita tax to be in lieu of occupation tax 175 406. Occupation tax, per capita tax, implied repeal of statutes, Acts 1862. 1897 175 407. Subjects not taxable 176 408. Tax on trust property 177 409. Property held for use of minors residing in another state 177 410. Exonerations 177 411. Purposes for which ordinary school tax may be used 178 412. Surplus of ordinary school tax may be used for payment of debts for building purposes 178 413. Special tax for building purposes 179 414. Can only be levied when there is an ordinary tax levy 179 415. It must appear that tax was authorized and legal 180 416. Not to be levied during division of district 180 417. Ordinary tax and building tax to be kept separate 180 418. Special tax must be devoted soleh' to purposes for which au- thorized 181 419. vSpecial levy, mandamus, Act of 1835 181 420. Building tax cannot be diverted to ordinary school purposes... 181 421. Building tax cannot be levied for ordinary repairs 182 422. May be used to lease a building for school purposes 183 423. If excess tax be levied, collection will be enjoined 185 424. Misappropriation by directors will render them personally 'liable 186 425. Taxation for purposes of library 186 426. Cannot be levied to pay for purchase of library already pur- chased 186 427. Lien of taxes 187 428. When and how claims must be filed 187 TAXATION 167 PAGE 429. Assessment of taxes, county commissioners to furnish copy of last adjusted valuation 187 430. Additional assessment, persons subsequently moving in dis- trict 188 431. Assessment in new districts 188 432. Assessment in independent districts 188 433. Fraudulent assessment a misdemeanor 189 434. Assessment in cities of the third class 189 435. Collection of taxes in boroughs and townships. Election of tax collector 189 436. Tax collector's bond. Renewal, Act June 6, 1893 190 437. Vacancies, how filled 190 438. Filling vacancies under Act Jul}' 2, 1895 190 439. Collector to give bond and be sworn 191 440. When duplicate to be issued 191 441. Powers and liabilities of collectors 191 442. Book to be kept and subject to inspection 191 443. Public notice to be given, term of payment 192 444. Collectors may levy upon goods for unpaid taxes, and im- prison delinquent where no goods 192 445. Collector may sue delinquent for recovery of unpaid taxes 193 446. Days and times fixed for payment 193 447. Compensation of collectors 194 448. Exonerations 194 449. Collectors to make monthly statements and payments 194 450. Board of school directors and collector shall meet together an- nually 195 451. Directors liable for unlawful settlement 196 452. Failure to make monthU' statement and payment a misde- meanor 196 453. Collector to pay taxes collected to officers legally entitled 196 454. Misappropriation of tax fund, embezzlement 196 455. Judgment against collector for amount due from him 197 456. Section 13, Act April 11,1862, not affected by Act June 25, 1885 197 457. Settlement of accounts by borough auditors 198 458. Suit on bond cannot be entered until after settlement by auditors 198 459. Suit on bond properly brought in assumpsit 198 460. Collector bound by auditor's settlement where he does not appeal 199 461. Taxes charged on unseated lands 199 462. Effect of repealing clause of Act of June 25, 1885 199 463. The Act of June 25, 1885, does not repeal the Act of 1854 199 464. The Act of June 25, 1885, is constitutional 200 465. Collection of taxes in cities of the third class 200 466. Treasurer of cities of the third class, shall ex-officio be school treasurer 200 467. Levying taxes in cities of the third class 201 468. School taxes to be collected 201 1 68 COMMON SCHOOL LAW Pennsylvania constitutional provision. 390. The Constitution, Article X., Sec. i, requires the General Assembly to provide " for the maintenance and support of a thorough and efficient system of public schools." Taxation is one of the means adopted to effect this purpose. School board to determine the amount of tax. 391. The school directors or controllers of every dis- trict shall annually, before the ist of July/ and by votes of not less than a majority of the members of the board, de- termine the amount of school tax which shall be levied on their district for the ensuing school year, which shall, to- gether with such additional sums as the district may be en- titled to receive out of the state appropriation, and from other sources be sufficient and necessary to keep the schools of the district in operation not less than seven ^ nor more than ten months in the year, provided that the length of the annual term may remain as at present in'districts where the maximum amount of tax allowed by law to be levied for school purposes, together with the amount of state ap- propriation to which the said districts are entitled, shall be found insufficient to keep the schools open a greater length of time than six months.^ Tax to be levied but once a year. 392. The answer of the board of directors in proceed- ings had against them to restrain them from levying a sec- ond tax during the same year, set forth that " The term for the school year had been fixed at ten months, and teachers employed for that term. New school buildings were erected, and, subsequent to the June levy, the roof of the school building was found to be in bad repair. Severe storms occurred and injured the school property, which had not been forseen, and, in order to protect said property and furnish new buildings, this tax of December, 1887, was levied ; without this it would have been impossible to maintain schools, or to protect school property. 1. Act April 22, 1863, P. L. 523. 2. Act April 4, 1899, P. L. 31. 3. Act of May 8, 1854, Sec. 28, P. L. 617. TAXATION 169 In reply, the lower court, sustained by the Supreme Court, said : '' We fully appreciate the difficulties that the board of directors labor under in this case, as disclosed by the answer filed and affidavit ; but the act of assembly gives the di- rectors no power to make a second levy for the same pur- pose. The plain words of the act are, that, for school pur- poses, the directors shall annually levy a tax for school pur- poses. After this has been done, no other tax can be levied for the same purpose during the same year." ■^ Legal requirements as to determining tax. 393. Without proper preliminary meeting there can be no legal assessment. "It is a part of the law relating to common schools that, at their first annual meeting in each school year, tliey are re- quired to ascertain by the precise means pointed out by the school law the amount or rate of mills that is to be collected during the ensuing school year for school purposes, and for building purposes, if there is any building tax to be collected. They are required to do this, and to keep a minute of it ; and to authorize the issue of a warrant to any collector to col- lect school tax, there must be this preliminary meeting of the school board ; and they are to determine what amount of rate of mills shall be assessed for school purposes. With- out that there can be no legal assessment of school tax." 5 Tax levy. Time of making the levy. 394. The amount of the tax to be levied cannot be de- termined until between the date of organization and the ist day of July, and the tax ought to be levied before the ist day of July, but a levy after such date has been held to be legal. In Walker vs. Edmonds, 197 Pa. 645, 1901, the only reference to any regular annual tax appeared under the dates of June 19 and July 22, 1897. Under June 19, as follows: " And in order to provide for principal and interest on said bonds as they become due, that we levy two (2) mills in ad- 4. Verona Borough School District's Appeal, i Mona. 697, 1S89. 5. Irviii vs. Gill, 155 Pa. 8, 1893. lyo COMMON SCHOOL LAW dition to our present niillage, which shall be designated as the high school building and ground tax," etc. And under date of July 22, as follows : Moved by Edmonds and sec- onded by Twaddle that the clerk be instructed to add to the minutes of June 19, 1897, after the words, " Our present millage," the words, to wit : Eight mills for ordinary school purposes, the omission of which words from said minutes was a clerical error, etc. The Supreme Court said : " The court (below) also ruled that as the act of assembly required that the determination of the amount to be levied, and the levy" itself, should be made by the school directors before July i ; a strict compliance with its requirements was necessary, and without it there could be no legal assessment of the school tax. " The act is clearly not mandatory, but only directory in this respect, and if the only question were as to whether or not the levy had been made at the proper time, we would have no difficulty in sustaining it. Where action is re- quired to be taken within a certain time, the mere failure of an officer or of a body to act within the set time is not fatal, and the requirement as to time may be held to be di- rectory." ^ Resolutions and proceedings of the board should appear upon the minutes. 395. " Before a school board, therefore, should exer- cise the sovereign power of levying a tax, there ought to be a deliberation as a body, a careful investigation of assets and liabilities, a clear understanding of the needs of the dis- trict, and an intelligent ascertainment of the amount neces- sary to meet those needs, and that this has been done should appear on the minutes." " In this case the only mmute of the school board as to the levying of a tax was the following : ' Plymouth, June 29, 1901, Plymouth school board met this evening, with President Virtue in the chair, and all members present. Motion by Dunphy, seconded by Boyle, tJiat we levy 13 6. vSee also Gearhart vs. Dixon, i Pa. 228, 1845. TAXATION 171 mills for school and 13 mills for building. Carried.' " The court declared this minute insufficient. ^ " The minutes of the board of directors of a meeting on June 19, 1897, show these words, 'That we levy two mills in addition to our present millage, which shall be des- ignated as the high school building and ground tax, etc.,' but there was nothing else in the minutes to show a levy or assessment for ordinary purposes, and the assessment of a high school tax of two mills was afterwards abandoned by the directors. But on July 22, an attempt was made to amend the minutes of June 19, so as to make the resolution read as follows : ' That we levy two mills in addition to our present millage, eight mills for ordinary school purposes, which shall be designated as the high school building and ground tax, etc' We think the court below was right in holding that this is not a minute of a levy of a regular an- nual tax for such year, but is only a reference indicating that such action may have been taken at some other time and place ; but nowhere in the minutes is there anything to show that such levy was actually made for the year 1897." ^ " Very large sums of money are annually appropriated by the commonwealth, and the people submit to the lawful tax for the l^enefit of tlie schools and the education of the children of the state. The law commands that the officials who control these vast sums and conduct the affairs of the schools shall expend the money economically and wisely, and that a record of how it is to be done shall be made, in most cases in advance. " It may be mentioned here that most if not the whole difficulty complained of could have been avoided had the di- rectors in the commencement of the school year made an itemized estimate of the resources as well as the liabilities and expenses of the district, and then spread the whole pro- ceedings upon the minutes of the board." 9 7. Coal andiron Co. vs. Dnnphy, ii D. R. 218, 1901. 8. Walker vs. Edmonds, 197 Pa. 645, 1901. 9. Mitchell vs. McCorniick, 9 Kulp 286, 1898. 172 COMMON SCHOOL LAW No tax to be levied by directors except by affirmative vote of a ma= jority. Votes. Minutes. 396. A majority of the members of the board must vote for the tax, and the names of those voting in the af- firmative and negative must be entered on the minutes. No tax for school or building purposes shall be levied, except by the affirmative votes of a majority of the whole number of the directors or controllers thereof ; and, in each of said cases, the names of the members voting, both in the affirmative and the negative, shall be so entered on the min- utes of the board by the secretary.'" The courts demand a substantial compliance with all the provi= sions of the act. 397. They (provisions of the act) are wise and whole- some provisions, intended to correct gross abuses which had gradually crept into the administration of our school system, and hence it is not too much to insist upon a sub- stantial compliance with the spirit, if not the very letter, of the act." To hold that it is merely directory and that the board may at pleasure substitute a secret ballot, and thus make it impossible for the secretary to record the affirmative and negative votes, would defeat the manifest purpose for which it was enacted.'^ In the matter of hiring teachers or levying taxes, where the law requires the vote of a majority of the whole board to vote for the hiring of the teacher or the levy of the tax, the minutes must show that at least four of the direc- tors voted to levy the tax or to hire the teacher, and it is much better that the minutes show the names of the di- rectors voting for and against such proposition.'^ But where the minutes stated that all of the school di- rectors were present, and the vote for the tax was unani- mous, the names of those voting and how they voted, how- 10. Act April II, 1862, Sec. 4, P. L. 471. 11. School District vs. Mercer, 115 Pa. 559, 1879. 12. Heisey vs. Risser, et al. , 3 Pa. Superior Ct. 196, 1896. 13. C. Mathewson et al. vs. School Directors, 23 Pa. C. C. 121, li Burke vs. School District, 28 Pa. Superior Ct. 163, 1905. TAXATION 173 ever, not appearing on the minutes, the act was held to have been substantially complied with.'^ Where less than the whole board were present, but the minutes set forth the names of those present, and that in each case the resolution passes unanimously, the court, "after a good deal of hesitation," held that there had been a substantial compliance with the law.'^ Amount of tax and kind of taxables. 398. The board of directors or controllers shall, an- nually, before the ist day of July '^ proceed to levy and ap- portion the school tax, not exceeding the amount of state and county taxes authorized by law to be assessed on all ob- jects, persons and property, made or to be made taxable for state or county purposes, and that all the taxes levied and assessed by the directors or controllers within each school year, shall be contained in the same duplicate.'^ Amount of tax not to exceed the sum of state and county tax. 399. " The school director says : ' I have now a law- ful list of the subjects which I may tax, now what is the amount I may levy ? ' Answer : an amount not exceed- ing the amount, that is, the aggregate, the sum total of the state, and, i. e., added to (for this conjunction implies addi- tion) the county tax. We are, therefore, to take the amount of the county tax authorized by law at the time when the school tax is as- sessed, now ten mills, and add thereto the amount of the state tax, in like manner authorized at the time of said assess- ment, now three mills, and their sum gives us the maximum rate for the school assessment." '^ "The amount of ordinary school tax cannot be greater in any district (except by special legislation) than the amount of state and county tax authorized by law to be as- sessed. The amount authorized to be levied at the time of 14. Tobin vs. Morgan, 70 Pa. 229, 1871. 15. Genesee Township vs. McDonald, 98 Pa. 444, 1881. 16. Act April 22, 1863, P. h. 523. 17. Act May 8, 1854, Sec. 30, P. L. 617. 18. Conyngham School District's Appeal, 77 Pa. 265, 1874. 174 COMMON SCHOOL LAW the passage of the law was thirteen mills on the dollar, ten mills for county and three mills for state purposes. The state tax has since been taken off real estate, but this does not affect the amount of school tax that can be levied, for the reason that it was the obvious intention of the law to fix that amount at thirteen mills on the dollar, and thus avoid the perplexing changes that would otherwise cripple the financial management of school affairs." "^ County commissioners to furnish adjusted valuation. 400. That for the purpose of enabling the board of di- rectors or controllers to assess and apportion the tax for the ensuing school year, the county commissioners shall, when required, furnish the president or secretary of the board with a correct copy of the last adjusted valuation of proper subjects and things made taxable in the same, for state or county purposes, which said property, subjects and things are hereby made taxable for school purposes, according to the provisions of this act.^° School tax limited. 401. The 29th section, of the act of May 8, 1854, P. L. 617, to which this is a supplement as above set forth, "shall not be construed to authorize the taxation of any object or property, for school purposes, which shall not be contained in the copy of the last adjusted valuation of proper subjects and things made taxable for state or county purposes, furnished to the board of directoi's, or controllers, by the county commissioners."^' Construction of 29th section, Act of flay 8, 1854. 402. "This section (29, act May 8, 1854, P. L. 617) furnishes to the board of directors a schedule of those ob- jects upon which they may assess their tax. Now, it mat- ters not that certain articles, found in those assessment lists, are taxable only for state, and others only for county purposes, because all are made taxable for school purposes without distinction. 19. Pa. School Laws and Decisions, 1903, page 185. 20. Act May 8, 1854, Sec. 29. P. L. 617. vSee infra. 21. Act May 8, 1855, Sec. 11, P. L- 509. TAXATION 175 The act refers in g-eneral terms to subjects taxable for state and county purposes, in order that the valuations may be uniform, and that those made for the county commis- sioners may become valuation's for the school assessments ; uniformity is thus obtained and expense avoided. Never- theless, these school assessments are none the less separate and- independent, because based on the county and state valuations. Clearly the legislature of 1862 imderstood, as we do, that the act of 1854 authorized but one uniform rate of assessment on all property made subject to school tax."^^ School directors to levy a per capita tax of one dollar. 403. It shall be lawful for school directors or school controllers of any city, borough or township within this commonwealth, to levy and collect, annually, a per capita tax of one dollar for school purposes from each and every male inhabitaut of the age of twenty-one years and upwards within their respective district.^^ Collection. 404. The per capita tax authorized in the first section of this act shall be, levied and collected at the same time and in the same manner as school taxes are now levied and collected by law.^"* Per capita tax to be in lieu of occupation tax. 405. The per capita tax herein authorized shall be in lieu of the occupation tax for school purposes, and this act shall in no wise limit or abridge the power of school direc- tors or controllers to levy a tax on real and personal prop- erty for school and building purposes. ^^ Occupation tax, per capita tax, implied repeal of statutes, acts 1862, 1897. 406. The act of July 22, 1897, authorizing directors to levy and collect a per capita tax repeals the act of April 11, 1862, providing for the levying of an occupation tax.^^ 22. Conyngham School District's Appeal, 77 Pa. 265, 1875. 23. Act Jul)' 22, 1897, Sec. I, P. L. 305. 24. Act July 22, 1897, Sec. 2, P. L,. 305. 25. Act July 22, 1897, Sec. 3, P. L. 305. 26. Phillips vs. Barnhart, 27 Pa. Superior Ct. 26, 1904. 176 COMMON SCHOOL LAW Subjects not taxable. 407, All churches, meeting houses, or other regular places of stated worship, witli the grounds thereto annexed necessary for the occupancy and enjoyment of the same ; all burial grounds not used or held for private or corporate profit ; all hospitals, universities, colleges, seminaries, acad- emies, associations and institutions of learning, benevolence or charity, with the grounds thereto annexed and necessary for the occupancy and enjoyment of the same, found, en- dowed and maintained by public or private charity ; and all school houses belonging to any county, borough or school district, with the ground thereto annexed and necessary for the occupancy and enjoyment of the same ; and all court houses and jails, with the grounds thereto annexed, be and the same are hereby exempted from all and every county, city, borough, bounty, road, school and poor tax : Pro- vided, That all property, real or personal, other than that which is in actual use and occupation for the purposes aforesaid, and from which any income or revenue is derived, shall be subject to taxation, except where exempted by law, for state purposes, and nothing herein contained shall ex- empt same therefrom : And provided. That all property, real and personal, in actual use and occupation for the pur- poses aforesaid shall be subject to taxation, unless the per- son or persons, association or corporation, so using and oc- cupying the same, shall be seized of the legal or equitable title in the realty and possessor of the personal property ab- solutely. ^^ A municipality is not subject to the general tax laws, and its property owned and used for public purposes is not taxable unless specifically made so by law.^^ County poor house not taxable. ^^ Where a city owns real estate situated in an adjoining township, part of which it uses to secure the purity of its water supply, and part for the use and enjoyment of the 27. Act of May 29, 1901, P. L. 319. 28. County of Erie vs. City of Erie, 113 Pa. 360, 1886. 29. Schuylkill County vs. School Directors, 42 Pa. 21, 1862. TAXATION 177- public as a park, such real estate is not taxable for county, school or road purposes, either by county, school district or township. 3° 1 Market house, the property of a borough, is not sub- ject to school or building tax.^' Public libraries, museums and art galleries exempt.^^ Tax on trust property. 408. All money now, or hereafter, to become taxable for common school purposes, and held, used or invested by any person, company or corporation in trust, for the use, benefit or advantage of any other person, company or corporation,' shall only be assessed in, and subject to school tax, for the benefit of the school district within which the trustee there- of resides, or has his usual place of business ; and all real estate, so taxable for school purposes, and in the charge or possession of any trustee, as aforesaid, shall be assessed in, and subject to school tax, for the benefit of the school dis- trict within which the same is situated.^^ Property heldJor use of minors residing in another state. 409. " Personal property held for use of minors residing in another state, is taxable for school purposes in the county where the guardian resides, and where he holds it for the minor's use, under the act of April 22, 1846." 34 Exonerations. 410. The board shall have the right at all times, to make such abatements or exonerations for mistakes, indi- gent persons or unseated lands, as to them shall appear just and reasonable ; and the secretary shall enter on the min- utes the names of all persons in whose favor such abate- ments or exonerations were made, together with the rea- sons therefore.^'' 30. Reading vs. Berks County, 22 Pa. Superior Ct. 373, 1903. , 31. Carlisle Borough School District vs. Carlisle Borough, 11 D. R., 294, 1901. 32. Act April 20, 1905, P. Iv. 234. 33. Act April II, 1862, Sec. 7, P. h. 471 34. West Chester School District vs. Darlington, 38 Pa. 157, 1861. 35. Act May 8, 1854, Sec. 31, P. L. 617. tyS COMMON SCHOOL LAW Section I o of the act of 1885 provides that "exonera- tions may be made by the authorities and in the manner as heretofore." The method of exoneration as to school tax is provided in section 31 of the act of 1854. After the act of 1885, as well as before, exonerations are to be made by the several authorities, and in the same manner as before.^^ Purposes for which ordinary school tax may be used. 411. "School tax is applicable to the payment of teachers' salaries, school books and supplies, fuel, stationery for the board, salary of secretary, and all other ordinary an- nual expenses necessary to keep the schools in operation. Also, when there is no building tax or fund, occasional repairs and additions to furniture and apparatus are to be paid for out of the ordinary school tax." " Debt from a former )ear, for school purposes, should be provided for by an addition to the ordinary school tax of the next year."^? Surplus of ordinary tax may be used for payment of debts for building purposes. 412. The principal question in this case is whether any of the ordinary school taxes can be required to be ap- plied to a debt contracted for building purposes. There is a noticeable difference between the provision in the act of 8th May, 1854, for collecting the tax for ordinary school purposes, and that for collecting the tax for building pur- poses. The thirty-third section, providing for the latter, de- clares that it shall not exceed the amount of the regular an- nual tax for such year, and shall be applied solely to the purpose of purchasing and paying for the grounds and the buildings or erection of buildings thereon. The sec- tions relating to the ordinary annual tax have no restric- tion, except that to be inferred from the duty of keeping tlia schools open, for at least five mouths in the year. The building tax cannot be diverted to ordinary purposes ; but it is not a consequence that none of the ordinary taxes shall be appropriated to the payment of debts for building. 36. School District vs. Pitts, 184 Pa. 156, 1898. 37. Pa. vSchool Laws and Decisions, 1903, page 185. Gill)ert et aL vs. Tierney, 14 Pa. C. C. 472, 1894, TAXATION 179 We cannot perceive the justice or legal rule which would exempt the surplus of the annual taxes from the payment of debts contracted for buildings ; provided it does not pre- vent the schools from being kept open for (five) months in the subsequent year,^^ Special tax for building purposes. 413. The board of directors or controllers in cities op boroughs where the school property is vested in them agree- able to the provisions of Section 2 (Act May 8, 1854), may, at any time not oftener than once in each school year, levy a special tax not exceeding the amount of the regular an- nual tax for such year, to be applied solely as follows : (a) for purchasing grounds ; (b) for erecting and furnishing buildings ; (c) for the accumulation of a fund for purchasing grounds and erecting buildings ; (d) for the payment of a debt contracted in purchasing ground and erecting build- ings ; (e) for completing improvements in school buildings contemplated at the time of their erection ; (f ) for fencing and improving grounds in connection with the erection of buildings ; (g) for the payment of the expense of fuel used in the heating of buildings ; (h) for the payment of the ex- pense of janitors employed to care for school buildings, which said tax shall be levied and collected at the same time in the manner and with like authority as the regular an- nual tax.39 Building tax can only be levied when there is a levy for ordinary school purposes for the same year, and it cannot exceed such levy. 414. As the extent of a special tax in any year, is lim- ited by the act of assembly to an amount not exceeding the regular annual tax for such year, it necessarily follows that if no regular annual tax be levied, then any attempt to levy a special tax must fail, as such tax in any amount would be in excess of the regular levy/*° 38. German Township School District vs. Sangston, 74 Pa. 454, 1873. 39. Act May 26, 1897, P. L. 94, as amending Sec. 33 of Act May 8, 1854, P. L. 617. 40. Walker vs. Edmonds, 197 Pa. 645, 1901. l8u COMMON SCHOOL LAW Ic must appear that the tax was authorized. 415. Where, upon hearing, it does not clearly appear that any particular action was taken by the school board at the time the last new school building was erected by the school district, in relation to certain improvements, the court will continue a preliminary injunction to restrain the collection of a building tax until it appears that the tax levy was authorized and legal/' Building tax not to be levied during division of township or school district or the erection of a borough. 416. Whilst proceedings are pending in any court of this Commonwealth for the division of any township or school district, or for the erection of any borough, it shall tiot be lawful for the school directors of the township or district proposed to be divided or out of which such bor- ough is proposed to be erected, to levy, assess or collect any tax whatever tor the purchase of ground or for building pur- pose except where the same shall be necessary to rebuild a school house accidentally injured or destroyed, or to pay a debt previously iucurred.^^ The ordinary tax and the building tax to be kept separate. 417. " These two taxes are to be placed in the same duplicate, but are to be kept entirely separate, so that each taxpayer may know just how much tax is assessed against him and for what purpose. Then, too, these taxes are for separate and distinct purposes. The school tax is not ap- plicable to the purchase of grounds and erection of school buildings, neither is the building tax to be used to pay the wages of teachers or the purchase of fuel, or for any of the ordinary expenses of keeping the schools open and in ope- ration. "^3 When a building tax is levied, the assessment made for that purpose must be voted, and calculated as a separate tax, and placed in the duplicate as a distinct and separate item from the assessment made for school purposes. When 41. Gilbert et aL vs. Tierney, 14 Pa. C. C. 472, 1894. 42. Act June 13, 1874, P. L. 284. 43. C. Mathewson et aL vs. School Directors, 23 Pa. C. C. 121, 1899. TAXATION l8l collected, each fimd must be applied to its lawful purpose according to its proportional rate/* Special tax must be devoted solely to purposes for which author- ized. 418. The building tax levied by school directors is only applicable to certain definite purposes set out in the statute authorizing this tax.'ts The act of May 26, 1897, P. L. 94, previously cited, specifies the following purposes for which the revenue from the tax may be used : 1. Purchasing grounds. 2. Erecting and furnishing buildings. 3. The accumulation of a fund for purchasing grounds and erecting buildings. 4. The pa3nnent of a debt contracted in purchasing ground and erecting buildings. 5. Completing improvements in school buildings con- templated at the time of their erection. 6. Fencing and improving grounds in connection with the erection of buildings. 7. The payment of the expense of fuel used in the heating of buildings. 8. The payment of the expense of janitors employed to care for school buildings. Special levy, mandamus, Act of 1835. 419. Mandanuis will not lie under the act of February 28, 1835, to compel directors to levy a special tax to pay the districts' indebtedness ; the act of 1835 does not apply to school districts. 4^ Building tax cannot be diverted to ordinary school purposes. 420. Where an attempt was made to levy and collect a building tax in one year, for the purpose of using a por- tion thus collected to pay a deficit in the general fund for the preceding year, the court said : 44. Pa. School Laws and Decisions, 1903, page 189. 45. Mason vs. Caffrey, 9 Kulp, 414, 1899. 46. Pittston Twp. School District, 12 Luz. 472, 1905. l82 COMMON SCHOOL LAW " It is settled that the building tax of a school district cannot be diverted to ordinary school purposes.'^'' The court was clearly right in enjoining the collection of so much of the tax levied for building purposes, as was not needed or intended to be used therefor. When levied as a building tax it must be used in good faith for that purpose alone. Although in form, it may be levied for that purpose, yet, if in fact, there is no expectation or intention of so using the greater portion thereof, such excess is without authority of law. The rights of taxpayers cannot thus be set at naught, and their property be taken from theni."'*^ Building tax cannot be levied for ordinary repairs, but may be for *' completing improvements in school buildings contem=- plated at the time of their erection." 421. In Gilbert et al. vs. Tierney, the court said : "The continuance or dissolution of the injunction seems to turn upon the question whether or not the tax really is a building tax, or a tax to make repairs. Without stopping at this time to inquire what is included in the term building or erection of school buildings thereon, we may say it does not clearly appear that any particular action was taken by the school board at the time the last new building was erected by the school district, in relation to steam heat, nor have we be- fore us what the action of the school board was. There can be no difficulty in giving us this information and also the time when such action occurred and the building was erected. The authorities in relation to this subject, we think, make this necessary in order that the question of the legality of the tax may be ascertained. The cases of School District vs. Sangston, 74 Pa. 454, and Conner's et al. Ap- peal, 103 Pa. 356, show that a building tax may not be levied for ordinary repairs only. Hence the necessity of showing what the records of the school district show in re- lation to this matter." 4'^ 47. German Tvvp. School District vs. Sangston 74 Pa. 454, 1873. 48. Conner's Appeal, 103 Pa. 356. 1883. 49. Gilbert et al. vs. Tierney, 14 Pa. C. C. 472, 1894. TAXATION 183 A special building tax may be used to lease a building and fit it up as a school house. 422. " The duties and powers of school directors are defined and regulated by the act of May 8, 1854, and its sup- plements. Their important duties are two in number. One is ' to establish a sufficient number of common schools for the education of every individual between the ages of six and twenty-one years, in their respective districts, who may apply for admission.' The other, as defined by the act of 1854, is 'to cause suitable lots of ground to be procured and suitable buildings to be erected, purchased, or rented, for school houses,' in which the common schools may be conducted. To provide them with the means necessary to enable them to perform these duties they are clothed by law with the power to levy and collect two distinct taxes. One of these is stvled a school tax, the other a special or build- ing tax. The school tax must be large enough so that, ' together with such additional sums as the district may be entitled to receive out of the state appropriations and from other soufces, it shall be sufficient to keep the schools of the district in operation not less than four or more than ten months in the year.' The special or building tax must be levied and used to provide ' suitable buildings ' for use as school houses, and cannot be lawfully diverted to any other purpose. If the general or school tax should produce a sum large enough to enable the directors to perform both duties no other tax would be necessary. If it should not, it must be supplemented by the special tax which must be devoted to the sole purpose of providing the school houses needed. Whether a special tax may be lawfully levied and collected depends on whether greater school house accommodation is needed in the district than the di- rectors can supply with the means at their command. If such need exists the best maimer in which to meet it is a question for the directors to settle in the exercise of their official discretion. The law authorizes them to meet it by the erection of a suitable building (which would include the enlargement of an existing building), by the purchase, and by the renting, of a suitable building for use as a school 184 COMMON SCHOOL LAW house. When they decide which of these methods is best adapted to the exigency and the best interests of the dis- trict, they must next inquire whether the ordinary school tax will yield a sufficient sum of money to maintain the schools and provide the additional school house accommo- dation. If it will not, then the circumstances have arisen which will justify the exercise of the power to levy and col- lect a special tax. " In the case at bar it appears that the directors of Em- porium School District found four hundred and nine persons applying- for admission to their school. Their school house furnished accommodation for only three hundred and thirty. What should they do to provide for the eighty persons whom they could not accommodate ? It was their duty under the law to make some provision for them, and they deliberated as to the best way in which to perform that duty. Their first plan was to erect a new school house of sufficient size to accommodate the whole number applying, and to supply the probable demand for some years to come ; but the ex- pense of such a structure would make it necessary to incur a considerable debt. The question whether the debt should be contracted for this purpose was submitted to the decision of the qualified voters of the borough and their de- cision was against it. The directors were thus shut up to the necessity of meeting the demand upon them in a less expen- sive way. They decided, and, so far as we can judge from this record, decided wisely, that it was not best to enlarge a building which was old and illy adapted to the wants of the district ; nor to buy a building for a temporary pur- pose ; but to rent suitable rooms and fit them up for occu- pancy until the district should be able to make suitable permanent provisions for the scholars within its limits. Having determined what must be done they found the school tax did not provide the means of doing it. They accordingly levied a special tax to enable them to do what the law required them to do, viz., to make provision for the eighty persons applying for admission to the school for whom they had no room in the school house belonging to the district. TAXATION 185 " In the case before us it is clearly the duty of the di- rectors to provide for the eighty persons residing in the district and demanding admission to the public schools. They cannot make provision by the erection of a suitable building or the purchase in fee of such building, because of an existing debt which voters refuse to increase. If they cannot apply the proceeds of the special tax to the pur- chase of a leasehold, then they cannot perform the duty which the law has laid on them. The eighty applicants must be denied admission to the school, and the doors closed against them indefinitely. This could not have been the intention of the law-makers and we could not adopt such a construction unless the language employed by them left us no alternative. We are of opinion that the pur- chase of a leasehold was a proper way to provide for the persons applying for admission to the school in Emporium; and that the levy of a special tax was a proper and lawful mode of raising the money necessary to pay the price, and fit up the building for use as a schoolhouse."5° If the tax levied is clearly in excess of the sum required for any purpose, its collection will be enjoined. 423. Even where legislative authority is given to tax for certain purposes, yet if the tax levied is clearly in excess of the sum required for that purpose, its collection may also be enjoined. s' On a bill in equity to restrain the collection of a build- ing tax a preliminary injunction will be continued where it appears from the defendant's own testimony that only a small portion of the tax was to be used for building pur- poses ; that the alleged purpose was to use the larger part of the tax in paying debts, although there were no debts shown which could be legally paid out of such a fund, and that the school district had large assets in the shape of sums due from former collectors and treasurers.^^ But " An injunction to restrain collection of an al- leged excessive tax will be refused where it appears that the 50. Hackett vs. Emporium School District, 150 Pa. 220, 1892. 51. St. Clair School Board's Appeal, 74 Pa. 252, 1873. 52. Mitchell vs. Keariis, 16 Pa. Superior Ct. 354, 1901. l86 COMMON SCHOOL LAW levy is not excessive or illegal, but necessary to the furnish- ing of reasonable school facilities to the pupils of the dis- trict. "53 nisappropriation of tax may render directors personally liable. 424. The subsequent misappropriation of a portion of the proceeds of a special tax may render the directors per- sonally liable to the district.54 Taxation for purposes of free public libraries. 425. It shall be lawful for said board to levy a tax for the purchase, improvement and maintenance of said library, not exceeding one mill in any one year, which tax shall be included in the tax levy made for school purposes, upon the same subjects of taxation, and shall be collected at the same time and in the same manner. ^s Where library is purchased with money of the general school fund, a library tax cannot subsequently be levied to replace the same. 426. According to the testimony of the defendants, the levy of the one mill for special purposes, complained of, was to replace in the general school fund, — so far as it would go for that purpose, — what was expended by the de- fendants in the year 1896, from the latter fund, for the pur- chase of a school library, therein causing a deficit in such fund for general school purposes, and on account of which the auditors of the school district for that year have sur- charged the directors. It is to be observed, in the first place, tliat the act in question provides, not for a levy to pay for a library already purchased, paid for and belonging to the district, but for the purchase, improvement and maintenance of; and under the authority of Conner's Ap. 103 Pa. 356, the power of the directors to make such levy is extremely doubtful to say the least." The tax was re- strained by the court. ^^ 53. Lehigh CoaL &c., Co. vs. Rahn School District, 9 D. R. 692, 1900. 54. Hackett vs. Emporium School District, 150 Pa. 220, 1892. 55. Act April 20, 1905, P. L. 231, amending Section 3, Act June 28, 1895, P. L. 411- 56. Lueder vs. Caffrey et al., 9 Kulp 144, 189?. TAXATION 187 Lien of taxes. 427. All taxes which may hereafter be lawfully im- posed or assessed on any property in this Commonwealth, in the manner and to the extent hereinafter set forth, shall be and they are hereby declared to be a first lien on said property, together with all charges, expenses and fees added thereto for failure to pay promptly ; and such liens shall have priority to, and be fully paid and satisfied out of the proceeds of any judicial sale of said property before, any other obligation, judgment, claim, lien or estate with which the said property may become charged, or for which it may become liable, save and except only the costs of the sale and of the writ upon which it is made.'^'' When and how claims must have been filed. 428. Claims for taxes must be filed in the court of com- mon pleas of the county in which the property is situated, on or before the last day of the second calendar year after that in which the taxes or rates are first pa)able. Upon each tax claim a writ of scire facias must issue within five years from its filing, and verdict must be recovered or judg- ment entered on the scire facias within five years after it is issued. Final judgment must be entered ou the verdict with- in five years after its recovery. After judgment is entered, it must be revived by writ of scire facias to revive the judg- ment ; or by judgment thereon within each recurring period of five years. If a claim be not filed within the time afore- said, or if it be not prosecuted in the manner and at the times aforesaid, it shall be wholly lost.^^ Assessment of taxes. County commissioners to furnish copy of last adjusted valuation. 429. This adjusted valuation is the basis for assess- ments by the board of school controllers. A levy by the board of school controllers upon an assessment made by ward assessors in 1889 would not be a valid assessment. The assessment should be made upon the valutaion as ad- justed by the commissioners in iSSS.^"? 57. Act June 4, 1901 Sec. 2, P. L. 364. 58. Act June 4, 1901, Sec. 10, P. L,. 364. 59. Witherop vs. Titusville School Board et al., 7 Pa. C. C. 451, 1892. 1 88 COMMON SCHOOL LAW Additional assessment made of those moving into district between last assessment and the ist of May in each year. 430. It shall be the duty of the several assessors to assess such persons as may remove into the respective dis- tricts between the last assessment and ist day of May in each year, or who may have been omitted from the last as- sessment, and to return their names, with the amount of state and county tax payable by each, to the board of school directors, who shall thereupon assess the amount of school tax payable by such persons, which tax shall be collected as in other cases ; and for taking such assessment the assessor shall be paid by the county commissioners the same com- pensation per diem as now allowed by law.^° Assessment in new districts. 431. At the next annual assessment after the erec- tion of any such new common school district, it shall be the duty of the county commissioners of the proper county to cause a separate assessment of the subjects and things liable to school tax in each portion of the new district lying with- in his proper township to be made out by the proper as- sessor thereof, and to be returned to them, wherefrom, after adjustment, they shall cause to be made a correct copy of the assessment thus obtained, in every portion of the new district, and shall furnish the same to the secretary thereof, and they shall, in like manner and at the same time, cause to be made out and furnished to the state superintendent of common schools, a full list of all the taxable inhabitants of said new district, according to the provisions of the forty- ninth section of the act to which this is a supplement ; and they shall pay out of the county funds to said assessors, the usual compensation for the services enjoined by this sec- tion.*^' Assessment in independent districts. 432. That the assessors in each and every township, where any portion of said township may be included within the limits of an independent school district, shall write on 60. Act of April 8, 1905, P. L. 120. 61. Act May 8, 1855. Sec. 7, P. L- 509. TAXATION 189 their duplicates, opposite the names of the persons residing within said independent district, the letters I. D.,for the in- formation of the collector of said tax and the county com- missioners.^^ Fraudulent assessment, etc. — misdemeanor. 433. If any assessor, or assistant assessor shall know- ingly and intentionally omit, neglect, or refuse to assess and return any property, person or thing made taxable by law, or shall knowingly and intentionally assess, rate or value the same, at more or less than he shall know and believe the just cash value or rate thereof, or neglect or refuse to assess any tax required by law, he shall be guilt}' of a mis- demeanor in office, and on conviction thereof, be subject to imprisonment not less than three, nor more than twelve months, and fined in a sum not less than one hundred nor more than two hundred dollars. ^^ Assessment of taxes in cities of the third class where the school district comprises the same territory as the city. 434. In cities of the third class where the school dis- trict comprises the same territory as the city, the taxes for school and school building purposes shall be lec'ied on the assessment made for city purposes.^-* The city clerk or other competent person authorized bv city council shall make, for the use of the school board, a true copy of the completed assessment, and shall duly cer- tify the same to the said board.^^ This act is constitutional, School District vs. Smith, 195 Pa. 515, 1900. Collection of taxes in boroughs and townships. Election of tax col- lector. 435. The qualified voters of every borough and town- ship in the Commonwealth of Pennsylvania shall, on the third Tuesday of February after the passage of this act and triennially thereafter, vote for and elect one properly quali- 62. Act May 8, 1855, P. L. 509. 63. Act May 15, 1841, Sec. 3, P. L. 393. 64. Act May 25, 1897, Sec. i, P. L. 85. 65. Act May 25, 1897, Sec. 2, P. L. 85. 190 COMMON SCHOOL LAW fied person for tax collector in each of said districts, who shall serve for the term of three years, and shall give a bond annually to be approved by the court.^^ The act of June 6, 1893, P. L. 333, repeals the local acts of April 10, 1848, P. L. 443, and March 29, 185 1, P. h. 284, so far as those acts related to the appointment of tax collectors, and tax collectors in the townships named in those local statutes are elected by popular vote, as in other portions of the state.^^ Tax collector's bond. Renewal, Act June 6, 1893. 436. A tax collector elected for three years under the. Act of June 6, 1893, P. L. t,33^ must renew his bond an- nually, and liability on the bond is limited to the taxes for the current yeai.*"^ Vacancies in office of collector of taxes, how filled, under Act June 25, 1885. 437. The courts of quarter sessions shall have power to fill, by appointment, all vacancies in the said office, within their respective counties. And, if any person elected' to fill said office shall fail to give bond and qualify as hereinafter provided, on or before the fourth day of the term of said court next ensuing his election, the said court shall declare his office vacant and appoint a suitable person, residing in the proper borough or township, to fill the same.^^ Pilling vacancies, under Act July 2, 1895. '438. If any vacancy shall take place in the office of tax collector after any ward, district, borough or township election, by reason of the erection of any new ward, district, township or borough, or from the neglect or refusal of any person elected to perform the duties of the office, or by death, resignation or otherwise, the court of quarter sessions of the proper county upon the petition of the town council or any citizen vvho is a resident of said borough, township, ward, setting forth the fact that a vacancy does exist, shall 66. Act June 6, 1893, P. L. 333. 67. Buckwalter vs. Lancaster County, 12 Pa. Superior Ct. 272, li 68. Sullivan County vs. Middendorf, 7 Pa. Superior Ct. 71, 69. Act June 25, 1885, Sec. 2, P. L- 187. TAXATION 191 appoint a suitable person to fill said vacancy for the full or unexpired term."" Collector to give bond and be sworn. 439. The collector of taxes shall, before he enters upon the duties of his office, take and subscribe an oath of office, and file the same in the office of the court of quarter sessions of the proper county, and shall also enter into a bond to the Commonwealth, in double the probable amount of taxes that will come into his hands, with at least two sufficient sureties ; said bond to be approved, by the said court or a judge thereof in vacation, and filed in the office of the clerk of the said court ; the condition of which bond shall be, that the said collector shall well and truly collect and pay over or account for, according- to law, the whole amount of taxes charged and assessed in the duplicates, which shall be deliv- ered to him. 7' When duplicates shall be issued. 440. The several county, borough, township, school, poor and other authorities now empowered, and which may hereafter be empowered, to levy taxes within the several boroughs and towmships of this Commonwealth, shall, on or before the ist day of August of each year after the first elec- tion of collector of taxes under this act, issue their respective duplicates of taxes assessed to the collector of taxes of their respective boroughs and townships with their warrants at- tached, directing and authorizing him to collect the same. ' Powers and liabilities of collectors. 441. The collector of taxes shall have all the power for the collection of said taxes, during his term of office, here- tofore vested in collectors of county taxes under existing laws, and be subject to the same liabilities and penalties for neglect, or violation of the duties of his office. ^^ Book to be kept and subject to inspection. 442. The collector of taxes shall provide an appropriate book, the cost of which shall be allowed to him in the set- 70. Act July 2, 1895, Sec. i, P. L. 434- 71. Act June 25, 1885, Sec. 3, P. L. 187. 72. Act June 25, 1885, Sec. 4, P. L. 187. 73. Act June 25, 1885, Sec. 5, P. L. 187. 192 COMMON SCHOOL LAW tlement of his accounts in which lie shall enter in alpha- betical order the names of all persons charged with taxes in the duplicates aforesaid, and showing the amount of such tax charged against each person, which book shall be at all times open to the inspection of each tax payer, and shall be delivered by the collector of taxes at the expiration of his term to his successor in office. ^4 Public notice to be given, and a reduction made for prompt pay- ment. 443. Where any duplicate of taxes assessed is issued and delivered to the collector of taxes, it shall be the duty of said collector to give public notice as soon thereafter as con- veniently can be done, by at least ten written or printed notices to be posted in as many public places in different parts of the township or borough, that said duplicate has been is- sued and deHvered to him ; and all persons, who shall within sixty days from the date of said notice make payment of any taxes charged against them in said duplicate, shall be en- titled to a reduction of five per centum from the amount thereof ; and all persons, who shall fail to make payment of any taxes charged against them in said duplicate for six months after notice given as aforesaid, shall be charged five per cent, additional on the taxes charged against them, which shall be added thereto by said collector of taxes and collected by him.^s Collector may levy upon goods for unpaid taxes, and imprison de^- iinquent where no goods. 444. If any person shall neglect or refuse to make pay- ment of the amount due by him for such tax within thirty days from the time of demand so made, it shall be the duty of the collector aforesaid to levy such amount by distress and sale of the goods and chattels of such delinquent, giving ten days' public notice of such sale, by written or printed ad- vertisements and in case goods and chattels sufficient to satisfy the same with the costs cannot be found, such col- lector shall be authorized to take the body of such delin- 74. Act June 25, 1885, Sec. 6, P. L. 187. 75. Act June 25, 1885, Sec. 7, P. L. 187. TAXATION 193 quent, and convey him to the jail of the proper county, there to remain until the amount of such tax together with the costs, shall be paid or secured to be paid, or until he shall be otherwise discharged by due course of law.''^ Provided that nothing herein contained shall authorize the arrest or imprisonment for non-payment of any tax of any female or infant, or person found by inquisition to be of unsound mind.77 Collector may sue delinquent for recovery of unpaid tax. 445. The provisions of the fiftieth section of an act of the general assembly of this Commonwealth, entitled " An Act relating to the county rates and levies, and township rates and levies," passed April fifteenth, 1834, shall not be so construed as to prohibit a collector of taxes from insti- tuting suit or suites for the recovery of taxes due and un- paid, at any time after the expiration of his warrant ; but in all cases where taxes are due and unpaid to any collector, after the expiration of his warrant, when such collector has not been legally exonerated therefrom, every such collector, or person, his executors, administrators, or any of them, is hereby declared to have full right and power to sue for any recovery of the same, with interest thereon, after the expira- tion of his warrant as aforesaid, from all and every person and persons, bodies politic and corporate, owing the same, as other debts of like amount are now by law recoverable. ^^ "The Act of April 11, 1848, P. h. 517, Section 3, gives to the collector, after the expiration of his warrant, full right and power to sue for the due and unpaid taxes for which he has not been exonerated, and to recover the same with in- terest thereon as other debts of like amount are by law re- coverable." 79 Days and times fixed for payment and receipt of taxes. 446. The collector of taxes shall, in person or by some person duly authorized, be in attendance for the purpose of 76. Act April 15, 1834, Sec. 21, P. L. 509. 77- Act April 15, 1834, Sec. 45, P. L. 509. 78. Act April II, 1848, Sec. 3, P. L. 517. 79. Creswell vs. Montgomery, 13 Pa. Superior Ct., 87, 1900. 194 COMMON SCHOOL LAW receiving and receipting for taxes on Thursday, Friday and Saturday of each week, during the last two weeks of said sixty days, between the hours of two o'clock and six o'clock in the afternoon, at his residence, or some other place in the proper township or borough, to be designated by him in the notice aforesaid.^" Compensation of collectors and duties as to settlement. 447. The collector of taxes shall collect the taxes charged in said duplicates and pay over the same to the re- spective treasurers or authorities entitled thereto, after de- ducting his commission for the collection thereof, which is hereby fixed at two per centum on all taxes paid to him on which an abatement of five per centum is allowed, and at five per centum on all taxes afterwards collected : Provided, That where the total amount of taxes charged on a duplicate is less than one thousand dollars, the said collectors shall re- ceive three per centum on all taxes paid to him on which an abatement of five per centum is allowed : Provided fur- ther, That all taxes collected within sixty days as provided in Section eight of this act, shall be paid over as aforesaid within fifteen days after the expiration of said sixty days, and all taxes thereafter collected during his term of office, shall be paid over as aforesaid at regular intervals of one month, and a full and complete settlement of all taxes col- lected shall be made by said tax collector with the respective treasiirers or authorities entitled thereto, not later than three months after the expiration of his term of office.^^ Exonerations. 448. Exonerations may be made by the authorities and in the same manner as heretofore.^^ Exonerations provided for by Act May 8, 1854, Sec. 31, P. L. 617. Collector of tax to make monthly statement as to the same, and to make monthly payments of taxes collected to the treasurer. 449. Each and every collector of school taxes in the several boroughs and townships of this Commonwealth shall 80. Act June 25, 1885, Sec. 8, P. L. 187. 81. Act June 2, 1891, Sec. 2, P. L. 175. 82. Act June 25, 1885, Sec, 10, P. L. 187. TAXATION 195 hereafter, on or before the tenth day of each and every month, after receiving the dnplicate containing a statement of the school tax to be collected by him, deliver to the secretary of the board of school directors, from whom he has re- ceived such duplicate, a statement in writing, signed by him, showing the names of all the persons from whom he has collected any school taxes upon his duplicates, to and in- cluding the last day of the preceding month, the amount collected from each, and the date of such collection, and also the amount of the uncollected school taxes upon the said duplicate, and shall at tlie same time, if required by the secretary or any member of the school board, exhibit the duplicate, showing the said uncollected taxes, for examina- tion ; and the said tax collector shall pay over, on or before the said tenth day of each and every month during his term of office, to the treasurer of the school district, all taxes so collected by him during the preceding month, less the com- mission or fees to which he is by law entitled for the col- lection of the same/'^^ Board of school directors and collectors shall meet together an= nually. 450. Board of directors and collectors of taxes to meet (on the first Monday of February of each vear to ascertain the amount of unpaid taxes — and the collector must pay over the whole amount of balance on or before the first Monday of June thereafter). It shall be the duty of the board of school directors and the collector of the school taxes, in each of the boroughs and townships of this Commonwealth, to meet together, at the usual meeting place of the said school board, on the first Monday of February of each and every year, and examine the duplicate of the school taxes, which the said collector is hereby lequired to produce and exhibit to the said board of school directors, and ascertain the amount of the taxes then uncollected ; and it shall be the duty of every such col- lector, on or before the first Monday of June thereafter, to collect, and pay to the treasurer of the proper school dis- 83. Act April 21, 1903, Sec. i, P. L,. 229. 196 COMMON SCHOOL LAW trict, the whole amount of the balance of the taxes charged and assessed in the said duplicate, excepting such sums from which the said school directors, in their discretion, may ex- onerate him.^'» Directors liable if they make an unlawful settlement. 451. If school directors make an unlawful settlement with a tax collector, the directors will, themselves, be liable personally to the district for the loss.^^ Failure to pay taxes collected, to make monthly statements or to exhibit duplicate a misdemeanor. 452. Any tax collector who shall fail to pay over to the treasurer of the proper district the taxes collected by him, according to the provisions of this act, or who shall fail to make and deliver to the secretary of the board of school di- rectors any of the statements in writing required by this act, or who shall fail to produce and exhibit the duplicate of the school taxes to the secretary of the board of school directors or at a meeting of the board of school directors, as required by the provisions of this act, shall be guilty of a misde- meanor, and on conviction thereof shall be sentenced to pay a fine not exceeding one hundred dollars. ^^ Collector to pay taxes collected to officer legally entitled. 453 Tax collectors cannot, by mandamus, be compelled to pay taxes collected by them to any body other than the officer legally entitled to receive them. It is no part of a tax collector's duty to pay orders on the township treasurer.^^ Misappropriation of tax funds embezzlement. 454. If any person charged with the collection, safe keeping, or transfer of any state, county, township, school, city, borough or municipal taxes, under any law or laws of this Commonwealth, shall convert or appropriate the moneys so collected, or any part thereof, to his own use in any way whatever, or shall use by way of investment in any kind of 84. Act April 21, 1903. Sec. 2, P. L. 229. 85. Mason vs. Caffrey et al., 9 Kulp 414, 1899. 86. Act April 21, 1903, Sec. 3, P. L,. 229. 87. Hoover vs. Reap, 10 Kulp 59, 1899. TAXATION 197 property or merchandise any portion of the money so col- lected by him from such tax or taxes, and shall prove a de- faulter or fail to pay over the same or any part thereof at the time or times, place or places, required by law and to the person or persons legalh- authorized to demand and re- ceive the same, every such act shall be deemed and adjudged to be an embezzlement of so much of said money as shall be thus taken, converted, appropriated, embezzled, invested, used, or unaccounted for, which is hereby declared a misde- meanor ; and every such tax collector and every person or persons whomsoever aiding or abetting, or being in any way accessory to such act, and, being thereof convicted, shall be sentenced to an imprisonment not exceeding five years, or pay a fine not exceeding five thousand dollars, or both at the discretion of the court.^^ Judgment against collector for an amount due from him. 455. The secretary of au)- board of directors or con- trollers ma)', at any tinre within one year from the delivery of the duplicate of school tax to the collector thereof, file a certificate, signed by the president and attested by the secre- tary, in the office of the prothonotary of the court of com- mon pleas of the proper county, stating the amount of said tax due and unpaid by said collector, at the date thereof, and it shall be the duty of the prothonotary to enter the same on his docket, which certificate shall, from such entry, have the same operation and efifect as a judgment of said court, against said collector and his sureties, and execution may issue thereon, in like manner as in judgments, for the amount remaining unpaid at the date of said execution. ^^ Section 13, Act April 11, 1862, not affected by act June 25, 1885. 456. There is nothing in the act of 1885 which " inter- feres with the reasonable operation of Section 13 of the act of 1862, the primary purpose of which was security and pro- tection of the school district, by means of a lien against the real estate of the collector and his sureties. After the act of 1885, as well as before, exonerations are to be made by the 88. Act June 3, 18S5, P. L. 72. 89. Act April II, 1862, Sec. 13, P. L- 474- 198 COMMON SCHOOL LAW several authorities, and in the same manner as before. As to the execution that may issue on the judgment against the collector and his sureties, the court will control that, as was done in this case, pending the consideration of an}- alleged legal or equitable defense. If accounts settled by the aud- itors show amounts different from those named in the cer- tificate of the school board, the court would not fail to limit the execution accordingly. The acts under consideration taken together, form a complete and harmonious system for the security and collection of the school fund, and present no points of antagonism that will interfere with their proper enforcement.^" Settlement of accounts. 457. The accounts of collectors of taxes shall be settled by township or borough auditors of the proper township or borough, and he sliall state a separate account for each dif- ferent tax collected by him.'^' There is nothing in this that interferes with the rea- sonable operation of Section 13 of the act of 1862, the pri- • mary purpose of which was security and protection of the school district, by means of a lien against the real estate of the collector and his sureties. ^-^ Suit on bond cannot be entered until after settlement by auditors. 458. Until the accounts of township tax collectors are settled by the township auditors and an amount ascertained by such auditors to be due by such collectors, a proceeding at law upon the official bond is premature and unauthor- ized.?^^ Suit on bond properly brought in assumpsit. 459. A suit on the bond of a tax collector is properly brought in assumpsit and the averments of the statement are sufficient when it assigns with certainty the failure to pay or account for a definite sum claimed as the balance of the taxes in the duplicate for a given year.?^ 90. School District vs. Pitts., 184 Pa. 156, 1898. 91. Act June 25, 1885, Sec. 11. P. L. 187. 92. School District vs. Pitts., 184 Pa. 156, 1898. 93. Swatara Twp. School District's .\ppeal, i Pa. Superior Ct. 502, i^ 94. Cotntnon wealth vs. Gruver, 13 Pa. Superior Ct. , 553, 1900. TAXATION 199 Collector bound by auditor's settlement when he does not appeal. 460. The township auditors' settlement of the tax col- lector's accounts is but one step in fixing the liability of the collector, but when it is not appealed from to the court of common pleas as provided by law, he elected to make that step a final one and to be bound by it, and the appellate court cannot review it on appeal from a judgment entered on the surety's bond.'^s Taxes charged upon unseated lands. 461. Taxes charged upon unseated lands shall not be collected by the collector of taxes, but shall be certified and returned bv the several authorities levying the same to the county commissioners to be collected as heretofore.'*'^ Repeal. Application of act June 25, 1885. 462. So much of all general acts heretofore passed, as is inconsistent herewith, is hereby repealed, but this act shall not apply to any taxes, the collection of which is regulated by local law,97 The act of June 25, 1885, does not repeal the act of 1854. 463. The act of 1885 "does not undertake to provide a complete system for the collection of taxes, different from and independent of the method provided in the act of 1854, On the contrary the act of 1885 recognizes and expressly makes use of the machinery of the act of 1854. In section 4, the several school and other authorities empowered to levy taxes, etc., are required to issue duplicates to the col- lectors so elected. The school taxes are assessed under the provisions of sections 28, 29, 30 and other sections of the act of 1854. Section loof theactof 1885 provides that ' exonera- tions may be made by the authorities and in the same man- ner as heretofore. ' The method of exoneration as to school tax is provided in section 31 of the act of 1854. For these 95. Commonwealth vs. Gruver, 13 Pa. Superior Ct, 553, 1900. Swatara Twp. School District's Appeal, i Pa. Superior Ct. 502, 1896. Commonwealth vs. Titman, 148 Pa. 168, 1892. Commonwealth, vs. Sweigart, 9 Pa. Superior Ct. 455, 1S99. 96. Act June 25, 1885, Sec. 12, P. h. 187. 97. Act June 25, 1885, Sec. 13, P. 1,. 187. 200 COMMON SCHOOL LAW and other reasons we think the act of 1885 does not repeal the prior legislation by providing a new and complete sys- tem for the collection of taxes, different from and independ- ent of theretofore existing provisions.^^ Act June 25, 1885, regulating collection of certain taxes, is consti- tutional. 464. The act of June 25, 1885, P. L. 187, regulating the collection of taxes in the several boroughs and townships in this Commonwealth is constitutional. ^9 Collection of taxes in cities of the third class. 465. The annual assessment of school taxes shall be completed on or before the first day of June, in each and every year,'"° and, upon the duplicate or duplicates having been made, as directed by the said board of school control- lers the sam j shall be placed in the possession of the treas- urer, who shall collect and receive said taxes ; and the said schojl taxes, unpaid after the first day of August and the first day of October, in each and every year, shall have the same additional sum per centum added thereto, as is hereinbefore provided in the case of unpaid city taxes, after the first day of October, in each and every year ; said duplicates shall be placed in the hands of collectors, to be appointed as directed in section 38 of this act ; the said taxes shall be applied only to the purposes of the said school district and be disbursed only on the warrant of the presi- dent and secretary of the board of school controllers, counter- signed by the city controller. ■°' Treasurers of cities of the third class shall ex=officio be school treasurers. 466. The several city treasurers, hereafter elected in cities of the third class of this Commonwealth, by virtue of their office shall be the collectors of all the city, school and poor taxes, assessed or levied in their respective cities, and 98. vSchool District vs. Pitts., 184 Pa. 156, 1S98. 99. Swatara Twp. School District's Appeal, i Pa. Superior Ct., 502, 1896. 100. See Supra, Sec. 434, that in cities of the third class the taxes are to be levied upon the city assessment. Sec. i, 2, Act May 25, 1897, P. L. 85. loi. Act May 23, 1874, Sec 43, P. L. 230. TAXATION 30I shall perform the duties and be subject to the hereinafter pro- visions of this act.'°^ Levying taxes in cities of the third class. 467. Tlie several city school and poor authorities, now empowered or which may be hereafter empowered to levy taxes upon persons and property within the said cities of the third class, shall, on the first day of June in each year, make out and deliver their respective duplicates of taxes assessed to the said city treasurer, as the collector of the said several taxes, which taxes shall be collected by the said city treas- urer, by virtue of his office as herein provided '°3 School taxes to be collected. 468. The school taxes which shall be collected under the provisions of this act are the school taxes only which are levied by the boards of school controllers, organized and acting- under and in pursuance of the act of assembly . . providing for tlie incorporation and government of cities of the third class. '°4 102. Act June 20, 1901, Sec. i, P. L. 578. 103. Act June 20, 1901, Sec. 3, P. L,. 578. 104. Act June 20, 1901, Sec. 8, P. L- 578. CHAPTER XVIII. AUDITORS. PAGE 469. Auditors to settle annually the accounts of school treasurer Appeal 202 470. Auditors in independent school districts 202 471. Duties 203 472. Compensation 203 475. Auditors to meet annually on first Monday of June 203 474. Presentation of claims 203 475. Powers of auditors to compel the attendance of witnesses 203 476. Two settlements of district accounts contemplated. Method as to treasurer's account 204 477. Auditors cannot control expenditures made by directors 204 478. Auditors to settle accounts of collector of taxes 204 479. Accounts of a tax collector or school treasurer not settled at the proper time may be settled by auditors of subsequent I year 204 480. School directors to furnish annual statement of account to auditors 205 4.81. Directors may be compelled to furnish statement to auditors... 205 482. But they cannot be compelled to furnish statement of pred- • ecessors 206 4S3. Report of auditor. Auditors required to publish statement of accounts and file copy 206 484. Failure to take oath does notvacate office 207 485. Penalty for neglect of duty 207 486. Compensation 207 487. Settlement of auditors conclusive unless appealed from 207 488. Appeal from settlement of auditors 208 4H9. Tax payers may appeal from auditors' report 208 490. Exceptions allowed to rulings of the court in pending appeals. 209 Auditors to settle annually the accounts of school treasurer. Ap- peal. 469. It shall be the duty of the borough and township auditors, in addition to the duties now imposed upon them, by law, to settle annually the accounts of the school treas- urers of the different school districts in this Commonwealth ; and that either party may take an appeal, as now provided for in other cases of settlement of accounts by township auditors: Provided, That this act shall not apply to the city and county of Philadelphia.' Auditors in independent school districts. Election. 470. There shall be elected in each independent school district of this Commonwealth three auditors, one to serve Act May 21, 1857, Sec. i, P. L,. 631. AUDITORS 303 for one year, one for two years and one for three )ears, and annually thereafter, one each year, to serve for the term of three years, to audit and adjust the several school accounts of said district.^ Duties. 471. The auditors in said independent school district shall be qualified and shall perform the duties as township and borough auditors are now required by law to do.3 Compensation. 472. The compensation of each independent school dis- trict auditor shall be two dollars per diem for each day neces- sarily employed in the duties of his office, which shall be paid out of the school funds of said district.^ Auditors to meet annually on first Monday of June. 473. The auditors of the several townships and bor- oughs within this Commonwealth shall meet annually on the first Monday of June, and oftener, if necessary, aod shall audit, settle and adjust the accounts of the supervisors, road commissioners, school, borough and township treasurers, as may by law be referred to theni.^ Presentation of claims. 474. An itemized claim must be presented to the aud- itors for adjudication. If the school treasurer either refuses to go before the auditors, or goes before them without legal proofs of his claims, and upon a bare assertion, without items and without dates, that he is entitled to a lumping credit, the auditors ought to disallow his claim, and on ap- peal he ought not to be allowed to prevail, unless, indeed, he accounts for his conduct, and produces to the jury better ev- idence than he had before the auditors, and which if produced before them, would have entitled him to his credits. Power of auditors to compel the attendance of witnesses. 475. To and in the performance of the duties imposed the power is given to the auditors to compel the attendance 2. Act May 10, 1893, Sec. i, P. L. 41. 3. Act May 10, 1893, Sec. 2, P. L,. 41. 4. Act May lo, 1893, Sec. 3, P. h- 41. 5. Act April 24, 1874, Sec. i, P. L. 112. 204 COMMON SCHOOL LAW of all parties and witnesses, and the production of books and papers, and to administer oaths and affirmations.^ Two settlements of district accounts contemplated, flethod as to treasurer's account. 476. " Two settlements of the district accounts are ev- idently intended to he made annually ; one by the board, of the accounts of the treasurer, and the other by the district auditors, of the accounts of the treasurer and tax collector." " The auditors are to charge the treasurer with the amount received by him, according to his own statement, and are then to allow every voucher produced by him, which on its face appears to be for a legal object within the juris- diction and control of the board." "^ Auditors cannot control expenditures made by directors. 477. " The auditors have no authority to control the board in the expenditure of the district funds so long as con- fined to legitimate objects, except, perhaps, in cases in which the prices paid are so enormous as to show by their amount that they are fraudulent."^ Auditors to settle accounts of collector of taxes. 478. The accounts of collectors of taxes shall be settled by township or borough auditors of the proper township or borough, and he shall state a separate account for each dif ferent tax collected by him.'^ Accounts of a tax collector or school treasurer not settled at the proper time may be settled by auditors of subsequent years. 479. " If the account of a school treasurer has not been previously audited it might be considered and adjusted by the auditors of a subsequent year. If the account of a township officer is not audited at the regular time, both the auditors and officer must be at fault ; for the auditors have power to compel a settlement, and while it may not be the Act April 15, 1834, Sec. 105, P. L- 537- Act April 15. 1834, Sec. 50, P. L- 537- Act April 15, 1834, Sec. 51, P. L. 537- School Laws and Decisions, 1903, page 2i6. School Laws and Decisions, 1903, page 217. Act June 25, 1885, Sec. 11, P. L- 187. AUDITORS 205 officer's duty to take the first step, he disregards a moral ob- ligation at least if he is not himself at pains to have his ac- count properly examined. It would be unreasonable that the township should suffer because its officers have been at fault, when it is easy to correct their neglect by an effort made in due season. It may be tnie that the lapse of a considerable time, alone or aided by other circumstances, might give rise to a presumption of settlement although no formal adjustment could be shown, or might make it plain that the proposed inquiry would be inequitable or unjust." '° School directors to furnish annual statement of account to aud= itors. 480 It shall be the duty of each board of school di- rectors, in the several school districts of this Common- wealth, annually, at the close of the scliool year, to place in the hands of the proper auditors a full certified statement, itemized, of their receipts and expenditures for-the past year, including the assets and liabilities of the district of all kinds, with all books, papers and vouchers relating to the same, to be by said auditors examined and if found to be correct approved ; such statement to be be spread upon the min- utes of the board of directors, and in a condensed but fully classified form published by said board in not; less than ten written or printed handbills to be put up in the most pub- lic places in the district, or if deemed preferable in the two newspapers of the county in which the district is situated having the largest circulation among the citizens interested; and for any neglect or failure to perform the duties enjoined by this act, the officers named therein shall be considered guilty of a misdemeanor, punishable by a fine not exceed- ing three hundred dollars, to be paid into the school fund of the district in which the offence shall have been com- mitted." Directors may be compelled to furnish statement to auditors. 481. " The directors, under the Act of May i, 1876, P. Iv. 91, Sec. I, are compelled to' submit an itemized state- 10. Swatara Township School District vs. Geesey, 7 D. R. 173, 1897. Baer vs. Weaver, 3 Kulp 57, 1884. 11. Act May i, 1876, vSec. i, P. L,. 91. 206 COMMON SCHOOL LAW ment of their receipts and expenditures to the township auditors, . . which, if correct, the auditors approve." '^ But they cannot be compelled to furnish statement of predecessors. 482. School directors may be compelled by mandamus to submit an itemized statement of their receipts and ex- penditures to the proper board of auditors. They cannot be compelled to furnish such statement of the receipts and expenditures of their predecessors in office, who must answer for themselves. '3 Report of auditor. Auditors required to publish statement of ac- counts and file copy. 483. The auditors of the several townships and bor- oughs within this Commonwealth are hereby authorized ajid required to publish, by posting handbills, either writ- ten or printed, in at least five public places within their respective townships or boroughs, an itemized annual state- ment of the receipts and expenditures of the borough coun- cils, road commissioners, supervisors, overseers of the poor and school directors for the year preceding the annual set- tlement for their respective districts ; said handbills to be posted within ten days after such settlement; and further, it shall be the duty of said auditors to file a copy of the same with the town clerk in their respecti\e districts, and also with the clerk of the court of quarter sessions, which shall be at all times subject to inspection by any citizen thereof: Provided, That where any two of said offices shall be exercised by the same persons only one statement shall be required : Also provided, That nothing in this act shall be construed to mterfere with the present law which re- quires annual statements of the receipts and expenditures of the borough councils, road commissioners, supervisors, overseers of the poor and school directors to be advertised in the daily and weekly newspapers published in the re- spective localities. "^ 12. Mason vs. Caffrey et al., 9 Kulp 414, 1899. 13. Baer vs. Weaver et aL, 3 Kulp 57, 1884. 14. Act April 23, 1874, Sec. 2, P. L. 112. AUDITORS 207 Failure to take oath does not vacate office. 484. "It is true, the act of assembly requires they shall, before entering upon the duties of their office, take and subscribe an oath ; and also imposes penalties for a vio- lation of this requirement ; but it does not declare that the omission to take the oath shall ipso facto vacate their of- fices. It Requires judicial action, instituted for that pur- pose, to produce such result. '^ Penalty for neglect of duty. 485. In case of neglect or refusal to comply with the provisions of this act, the auditors so neglecting or refusing shall each pay a penalty of twenty dollars, to be recovered in the same manner as debts of similar amount are by law recoverable, by suit instituted in the name of the school dis- trict upon complaint of any tax paying citizen of the same, and the proceeds thereof to be paid into the school treasury of said district.'^ Compensation. 486. The compensation of each borough and township auditor shall be two dollars per diem for each day neces- sarily employed in the duties of his office : Provided, This act shall not interfere with or change any local or special law, where a larger amount than two dollars per day is authorized to^be paid.'^ Settlement of auditors conclusive, unless appealed from. 487. The first section of the Act of May 21, 1857, P. Iv. 631, authorizes borough auditors to settle the accounts of school treasurers, with the right of appeal therefrom, to either party. Unless appealed from, such settlement is con- clusive.'^ The account of a school treasurer was settled by the township auditors, and a balance was struck in his favor. In the settlement, among other credits, was contained an item of $75.00, through which a line was drawn, but the 15. Shartzer vs. School Board, 90 Pa. 192, 1879. 16. Act April 24, 1874, Sec. 3, P. L. 112. 17. Act May 4, 1889, Sec. i, P. L. 86. 18. Shartzer vs. School Board, 99 Pa. 192, 1879. 2o8 COMMON SCHOOL LAW balance including it was not altered. The balance on this account by the township auditors. More than six years after the treasurer went out of office, it was alleged that the item of $75.00 had not been paid by him, and suit was brought against him by the then school directors for the amount of the item. It was held tliat the settlement by the township aud- itors of the account of the treasurer of a school district, is conclusive unless on appeal. It was held further, that six years having elapsed since the treasurer went out of office before suit brought, he was protected by the statute of lim- itations. '^ Appeal from settlement of auditors. 488. It shall be lawful for the township, or the officer accounting, to appeal from such settlement to the court of common pleas of the same county, within thirty days after such settlement, whereupon the court may direct an issue to determine disputed facts if necessary : Provided, That no appeal by such officer shall be received, unless the appellant shall enter into a recognizance, with two sufficient sureties, condilioned to prosecute the appeal with effect, and to pay all costs accruing thereupon.^" Tax payer may appeal from auditor's report. 489. Hereafter any tax pa^^er of or in any school dis- trict in this Commonwealth, whether a resident or non-res- ident tax payer, may make in behalf of the school district the appeal allowed by the first section of the act, entitled ^' A supplement to an act for the regulation and continuance of a system of education by common schools," passed the twenty-first day of May, eighteen hundred and fifty-seven, within the time allowed, as in other cases of appeals from the reports of township auditors: Provided, That the tax, payer appealing shall enter into a recognizance with one or more sufficient sureties, conditioned, that the party appeal- ing will prosecute said appeal with effect, and that said party will pay all costs that may accrue thereon, in case the party 19. Porter vs. School Directors, 18 Pa. 144, 185 1. 20. Act Apiil 15, 1834, Sec. 104, P. L. 538. AUDITORS 209 appealing fail to obtain a final decision more favorable to the school district wherein the decision, from which the appeal was taken, was made.^' Exceptions to rulings of the court in pending appeals. 490. Hereafter in all cases pending and undetermined in any court of common pleas in this Commonwealth, which are appeals from settlements or reports made by county, bor- ough or township auditors, it shall be lawful for any party to except to any ruling or decision of the court upon any question or point of law that may arise ; and an appeal may be taken therefrom to the Superior or Supreme Court : Provided, That such exceptions and appeals shall be gov- erned and regulated by the laws now in force, regulating exceptions and appeals to the Supreme and Superior Courts in civil cases. ^^ A township auditor, although ineligible to the office of school director, may elect which office he will hold.^^ 21. Act June 24, 1885, Sec. i, P. L. 162. 22. Act May 11, 1901, Sec. i, P. L,- 185. 23. Commonwealth vs. Whitlock, 12 D. R. 791, 1903. CHAPTER XIX. DISTRICT SCHOOL LIBRARIES. FACJE 491. Establishment of district libraries. Directors to select school house and provide cases 2io> 492. School boards to receive money. Purchase of books. Annual accounts — , , „.... 211 493. Title. Larceny of books, etc. Punishment., , 2ir 394. Use of books regulated. Liability for lost books 212: 495. Rules and regulations to be established , ., 212; 496. Librarian. Settlement , 212 497. Duties of directors. Selection of books,, , ,.., ,.... 21^ 498. Use of books, who entitled to use 21J 499. Legal possession. Ownership 214. 500. Gifts and bequests „ 214 501. The several school districts of ;he Commonwealth, except cities of the first and second class, may establish and main- tain a free public library 214 502. Use of school houses, 215 503. Taxation for free public libraries., 215 504. Gifts and endowments for library 215 505. Repeal , 216 506. Distribution of library , 216 507. School boards ntay take private propKsrty for public library purposes ,.., 216 508. Damages. Viewers. Notice of meeting , 217 509. Duty of viewers. Report to court. Judgments 217 510. Appeal from award of viewers. Trial by jur}' 21S 511. Notices , 21S 512. Compensation of viewers 21S 513. School directors may extend aid to libraries already estab- lished. Taxes 219 514. Manager''s ainnual report. Accounts to be audited 219 515. Adjoining townships may establish libraries. Aid to existing library. Agreement. Tax levy .'. 219 516. Annual report. Audit of account , , 220 517. Borotigh councils may ;ij(l free public libraries 220 518. Appropriation, limit...., , 22I 519. Library trustees, powers and duties. Election 221 520. When election of trustees may be dispensed with 221 521. Supervision of libraries 222 522. Adjoining school districts may join in establishing and main- taining free public libraries, or join in aiding tho.se other- wise established 222 Establishment of district libraries. Directors to select school house and provide cases. 491. Whenever, by subscription, or otherwise, a collec- tion of books or funds, to purchase the same, shall have DlSTRlCt SCHOOL XIBRAMTeS ^11 been obtained, to form a public library, in and for any com- ".mon school district in this Commonwealth, it shall be the •duty of the board of directors thereof, for the time being, to select the most suitable school house therein in whicb said library shall be placed, preferring if otherwise expedient, the school house in which the district institute is held, and to provide, out of the school funds of the district, a suitable •case, or cases, for said iibi^ry, and for such additional books as may be annually added thereto.^ Board to receive money. Purchase of books. AnHual accounts. 492. It shall be the duty of the said directors, to re- ceive into the district treasury all moneys contributed, or otherwise obtained for the purchase, or increase, of the dis- trict library, and to select and purchase the books therefor, or to appoint a committee of the board, or of not less than three citizens of the district, to make such selection and purchase ; and also, from time to time thereafter, to make additional selections and purchases, in the same manner, but that no books shall be donated, or placed in said library, without the approbation and consent of the selecting com- mittee ; nor shall the proper board of directors appropriate any of the school funds of the district to the purchase of books for the library, except such works of a strictly profes- sional character, as shall be necessary and proper for the study and improvement of the teachers of the proper dis- trict ; and all moneys received by said board, for library pur- poses, shall be annually accounted for, at the settlement of its accounts, in the same manner as common school funds are now by law accounted for.^ Title. Larceny of books, etc. How punishable. 493. The legal possession and ownership of the books^ cases and other appendages of the district library shall be and remain in the proper board of directors, and their successors in office, as trustees for the district ; and that the felonious taking and carrying away thereof, or of any part thereof, or of any book, article of apparatus or furniture, from or 1. Act May 5, 1864, Sec. i, P. L. 826. 2. Act May 5, 1864, Sec. 2, P. L,. S26. 212 COMMON SCHOOL LAW belonging to any common school house, shall and is hereby declared to be larceny; and the breaking into a common school house at night, with intent to commit larceny, as herein set forth, or any other felony, shall and is hereby declared to be burglary ; and that any larceny or burglary so committed shall be punished as in other cases under ex- isting statutes. 3 Use of books regulated. Liability for lost books. 494. Any person over twelve years of age and resident in the proper district, whether" contributor or not to the library, shall be entitled without charge to the use of the books thereof; according to the rules and regulations thereof; but that no book shall be issued to any minor, nor, without the order of his or her parent, guardian or master, who shall thereupon become liable to all the penal- ties for the abuse, loss or undue detainment of any book by said minor; and all entries of the issue of books duly made in the library list, by the librarian at the time of such issue, shall be prima facie evidence thereof in a suit for any penalty or for the value of any book.'^ Rules and regulations to be established. 495. The proper board of directors and their successors in office, shall make, and from time to time as shall be proper, alter and amend the necessary rules, and regulations for the care, issue, use and return, of the books of the dis- trict library, and ordain such penalties for the abuse, loss, or undue detainment thereof, as to them shall seem just and proper ; which penalties shall be recoverable, as debts of like amount are now, by law, recoverable ; and such penal- ties shall either be payable to the librarian, in compensation of his services, or into the library fund, as the proper board of directors shall determine.^ Librarian. Settlement. 496. The secretary of the proper board of directors, or such other member as the board may select, shall be the 3. Act May 5, 1864, Sec. 3, P. L. 826. 4. Act May 5, 1864, vSec. 4, P. L. 826. 5. Act May 5, 1864, Sec. 5, P. L. 826. DISTRICT SCHOOL LIBRARIES 213 :general librarian of the district library, and that the principal teacher of the school, held in the house in which the library is kept, shall be the assistant librarian, while in charge of said school ; and while so in charge, such assistant librarian shall have the charge of the library, so far as relates to the care, issue and return, of books, and the keeping of the list thereof ; but that neither the librarian, as secretary, nor the assistant as teacher, on going out of office, shall receive his final installment of salary, till he shall have first ac- counted for all the books belonging to the library, to the satisfaction of the proper board.^ Duties of directors. Selection of books. 497. When the pupils or other persons connected with any common school shall have procured books, or funds for the purchase of books for a school library therefor, it shall be the duty of the directors of the proper district to provide out of the scliool funds of the district a suitable case therefor and also for such additions as may subseqiiently from time to time, be made thereto ; and the selection and purchase of the books for such school library, and of all additions thereto, shall be made by a committee composed of tlie teacher of the school, for the time being, and of not less than two par- ents of pupils attending such school, to be chosen by all the attending pupils ; but that no books shall be donated to or placed in snid library, without the approval of the proper selecting committee, aud that it shall not be lawful for the board of directors to appropriate any of the funds of the district to the purchase of books for said school library.'' Use of books. 498. x'lll pupils of the proper school, and no other, shall be entitled to the use of the books of said library at their homes, subject to such rules relating to the care, use and return thereof, as the aforesaid committee for the selec- tion and purchase thereof shall from time to time establish; and that one of tlie pupils, of said school, to be selected by • 6. Act May 5, 1864, Sec 6, P. L. 826. 7. Act May 5, 1864, Sec. 7, P. L. 826. 214 COMMON SCHOOL LAW the other pupils, with the consent of the selecting commit- tee aforesaid, shall be the librarian of the school library.^ Legal possession. Ownership. Issue list. 499. The legal possession and ownership of the school library shall be in the proper board of directors ; the felon- ious taking thereof shall be larceny ; the issue list thereof shall be prima facie evidence of delivery, and the penalties for the abuse, loss or detention of books, shall be recovera- ble as hereinbefore provided in the case of district libra- rian. '^ Gifts and Bequests. 500. It shall be lawful for the common school direct- ors, of any district to receive, hold and use, any devise, be- quest, gift, grant or endowment of property, whether real or personal, which may be made to them for the establish- ment, increase or support, either of a district, or of a school library in existence or to be established under the provis- ions of this act, and the same to apply to the establishment, increase and efficiency thereof, subject, however, to any terms, conditions or restrictions, attached to such devise, bequest, gift, grant or endowment, and not inconsistent with the purposes of this act ; and the said directors and their successors in office, shall have authority to bring suit and do all other things necessary for the recovery, use and ap- plication of the same to the purposes aforesaid.'" The several school districts of the Commonwealth, except cities of the first and second class, may establish and maintain a free public library. 501. For the purpose of securing a system of free, non- sectarian, public libraries on a substantial and permanent basis throughout the Commonwealth, authority is hereby given to the board of school directors, or to any board or organization having control of the common schools, in each and every common school district, except in cities of the first and second class, whenever the same may be decided 8. Act May 5, 1864, Sec. 8, P. L. 826. 9. Act May 5, 1864, Sec. 9, P. L. 826. 10, Act May 5, 1864, Sec. 10, P. L. 826. DISTRICT SCHOOL LIBRARIES 215 Upon by a majority vote of all the members thereof, to pro. vide a place for and establish and maintain such public li- brary for the general use of the residents in the district, subject to the ensuing provisions of this act." School houses may he used. 502. The board may set aside the whole or a portion of any school house, now or hereafter erected, within the district for the uses and purposes of such library, having due regard to the convenience of the citizens, and may make any changes, repairs or additions that may be neces- sary to properly carry out the objects of this act; or at its option may lease, purchase or erect a suitable building in some convenient location for the use, storage and accom- modation of such library, but no land or structure shall be purchased or building commenced until the cost thereof has been fully provided for under the laws regulating the erec- tion of new school houses within the district.'^ Taxation for free public libraries. 503. It shall be lawful for said board to levy a tax for the purchase, improvement and maintenance of said library, not exceeding one mill in any one year, which tax shall be in- cluded in the tax levy made for school purposes, upon the same subjects of taxation, and shall be collected at the same time and in the same manner. '^ Gifts and endowments, etc., for library. 504. It shall be lawful for the school board of any common school district, and their successors in office, to receive and hold, free from all collateral inheritance tax, any devise, bequest, grant, endowment, gift, donation or contri- bution of property real, personal or mixed which shall be made for the establishment, improvement or maintenance of a public library as herein provided for, and the same to apply to the purpose for which made or given, and said board, or their successors in office, are hereby authorized to 11. Act June 28, 1895, Sec. i, P. L. 411. 12. Act June 28, 1895, Sec. 2, P. L. 411. 13. Act April 20, 1905, Sec. 3, P. L. 231. Amending Sec. 3, Act June 28, 1895, P. L. 411. 2l6 COMMON SCHOOL LAW bring suit and do all necessary acts for the recovery, hold- ing, use and application thereof: Provided, That this act shall not apply to cities of the first class : Provided, fur- ther, That in cities which have established a board of trustees for the management of a free library established by said municipality, any land or buildings appropriated to free library purposes under the operation of this bill shall be under the control of said board of trustees. '^ Repeal. 505. All laws or parts of laws inconsistent herewith are repealed. '^ Distribution of library. 506. In addition to the authority now vested in any board of school directors to establish one central library, under the provisions of the act to which this is a supple- merit,'^ the school' directors, board, or organization having control of the common schools of any district, may, at their option, divide and distribute among the various schools of the district any library which has been or which shall be hereafter established in any school district under the pro- visions of the aforesaid act, in such manner and subject to such regulations as may seem wise and proper to the school directors, board, or organization having control of the dis- trict in which said library is established. '^ School boards may take private property for public library pur= poses. 507. It shall be lawful for, and the right is hereby con- ferred upon borough councils and also on school boards of this Commonwealth, to purchase, acquire, enter upon, take, use and appropriate private property for the purpose of using, enlarging or extending grounds now used or which shall hereafter be used for public library purposes, within the corporate limits thereof, by ordinance or resolution as may be determined thereon.'^ 14. Act June 28, 1895, Sec. 6, P. L. 411. 15. Act June 28, 1895, Sec. 7, P. L. 411. 16. Act June 28, 1895, P. L- 411. 17. Act of May 11, 1901, P. L. 179. 18. Act May 11, 1901, Sec. i, P. L. 169. DISTRICT SCHOOL LIBRARIES 217 Damages. Viewers. Notice of meeting. 508. Whenever any borongli council or scliool board, in the exercise of the right so conferred, has acquired, taken, used, or appropriated, or shall hereafter acquire, take, use and appropriate, private property for public library purposes, and said borough council or school board cannot agree with the owner or owners thereof, lessee or lessees of such pri- v^ate property, upon the compensation for the property and damages done, or when by reason of the absence or legal incapacity of any such owner or owners, lessee or lessees, no such compensation can be agreed upon ; the court of common pleas of the proper county, or any judge thereof in vacation, on application thereto by petition by said borough council or school board, or such owner, lessee, or any person inter- ested, shall appoint three discreet, disinterested citizens of said county as viewers, to view and ascertain the damages done by reason of such taking, use, appropriation, occu- pancy or injury, and shall appoint a time, not less than twenty nor more than sixty days thereafter, for said viewers to meet at or upon the premises were the damages are al- leged to be sustained or the property taken, of which time and place ten days notice shall be given by the petitioner to said viewers and all parties interested by personal ser- vice, when such service can be obtained, otherwise by pub- lic notice in one or more newspapers, or by handbills posted on the premises, or in such other manner as said court may direct.'^ Duty of viewers. Report to court. Judgments. 509. The viewers, or an}' two of them, having been duly sworn or affirmed faithfully, justly and impartially to decide and a true report m2(ke concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire into in pursuance of the provisions of this act, and having viewed the premises or examined the property, shall estimate and determine the quantity, quality and value of the land or property so entered upon, used, ap- propriated or injured, as the case may be ; and having a due 19. Act May 11, 1901, Sec. 2, P. 1,- 169, 2l8 COMMON SCHOOL LAW regard to, and making- a just allowance for, the advantages which may have resulted or which may seem likely to result to the owner or owners of said land or property, in conse- quence of the taking, enlarging or extending of such public library grounds, and after having made a fair and just com- parison of said disadvantages and advantages to which the owner or owners may receive to any nearby property, they shall estimate and determine whether any, and if any what amount of damages has been or may be sustained, and to whom payable, and make report thereof to said court. If any damages be awarded, and the report of said viewers be confirmed by said court, judgment shall be en- tere4 thereon ; and if the amount thereof be not paid within sixty days after the entry of such judgment, then judgment shall be collected by due legal process, as other judgments are collected from borough councils or school boards. ^° Appeal from award of viewers. Trial by jury. 510. Upon the report of said viewers or any two of them, any party interested may, within twenty da5'S there- after, file an appeal from said report to said court, in writ- ing and accompanied with an affidavit that the same is not for the purpose of delay, but because the affiant firmly be- lieves that injustice has been done; and after such appeal, either party may put the cause at issue, in the form directed by said court, and the same shall be tried by said court and a jury, and after final judgment, either party may appeal to the superior or supreme court, under the provisions and in the manner prescribed in other cases.^' Notices. 511. The said court of common pleas shall have power to order what notices shall be given in connection with any of the proceedings, and may make all such orders as it may deem requisite.^^ Compensation of viewers. 512. The costs incurred in the proceedings shall be defrayed by said borough council or school board ; and each 20. Act May 11, 1901, Sec. 3, P. L. 169. 21. Act May ii, 1901, Sec. 4, P. L- 169. 22. Act May ii, 1901, Sec. 4, P. L. 169. DISTRICT SCHOOL LIBRARIES 219 of the viewers shall be entitled to receive a sum not exceed- ing five dollars per day ; or such compensation as the said court shall decide upon, not exceeding five dollars per day, for every day necessarily employed in the performance of their duties. ^^ 5choo! directors may extend aid to libraries already established. Taxes. 513. In any school district, except cities of the first and second class, wherein there is or shall hereafter be established, otherwise than under the provisions of the act to which this is a supplement, a free non-sectarian public library, the school directors, board or organization having control of the common schools of said district may, instead of estab- lishing another public library and providing for its govern- ment, extend aid to such library on such terms as to con- trol and management as shall be agreed upon between the managers thereof and the school authorities, and for that purpose may levy the taxes provided for in the act to which this is a supplement in the manner provided therein. ^'^ Managers' annual report. Accounts to be audited. 514. The managers of any public library receiving aid under this act shall annually report to the school board fur- nishing such aid an account of the expenditure of the money so received, under the oath of the managers or their secretary and treasurer, and such account shall be subject to the jurisdiction of the auditors by whom the accounts of the school board are audited in like manner as their ac- counts, ^s Adjoining townships may establish libraries. Aid to existing li^ brary. Agreement. Tax levy. 515. When any township surrounds and immediately adjoins any borough within this Commonwealth, within either of which there is or shall be hereafter established, otherwise than under the provisions of the act to which 23. Act May 11, 1901, Sec. 4, P. L. 169. 24. Act March 30, 1897, Sec. i, P. L. 10. Note. — This act is a supplement to the Act June 28, 1895. P. L. 411. Supra Sec. 501. 25. Act March 30, 1897, Sec. 2, P. L. 10. 220 COMMON SCHOOL LAW this is a supplement, a free, noii -sectarian, public school li- brary, the school directors, boards or organizations having controT of the common schools of said districts, may, in- stead of establishing another public library and providing for its maintenance, join in extending aid to such library, already established, guaranteeing such aid, in such propor- tion, and on such terms as to control and management, as shall be agreed upon between the managers thereof and the school authorities of said respective districts ; and for that purpose may levy the taxes provided for in the act to which this is a supplement, in the manner therein provided.^'' Annual report. Audit of account. 516. The managers of any public library receiving aid under the provisions of this act, shall annually report to to the school boards furnishing such aid, an account of the money so received, under the oath of the managers, or of their secretary and treasurer, and such account shall be sub- ject to the jurisdiction of the auditors by whom the ac- counts of their respective school boards are audited, in like manner as their own accounts.--' Borough councils may aid free public libraries. 517. For the purpose of establishing and maintaining free public libraries on a permanent basis tliroughout the Commonwealth, authority is hereby given to the town coun- cils of the boroughs of this state to make appropriation or appropriations for or in aid of the establishment or mainte- nance, or either, of a free public library or libraries now in- corporated, or that may hereafter be incorporated, for the use of the residents within any of the said boroughs, upon condition that the municipal authorties shall be repre- sented to the satisfaction of said councils in the manage- ment of such librarv or libraries.'^ 26. Act April 2, 1903, Sec. 2, P. L,. 133. Note. — This act is a supplement to the Act of June 28, 1895, P. L,. 411. Supra Sec. 501. 27. Act April 2, 1903, Sec. 3, P. L,. 133. 28. Act May 25, 1897, Sec. i, P. L. 84. DISTRICT SCHOOL LIBRARIES 221 Appropriation, limit. 518. The councils may appropriate anuiially from the taxes levied and collected for borough purposes for the es- tablishment and maintenance of such library or libraries, not to exceed one mill on a dollar on all taxable property in such boroughs. ^9 Library trustees, powers and duties. Election and term of mem- bers. Vacancy. 519. The public library of each district shall be under the general management of nine trustees acting as the agents and appointees of the school board who shall approve all plans for its storage and accommodation, purchase and take charge of all books, maps, documents, relics and literary, historical or other contributions, appoint all employees and make all regulations, and do all things necessary to its gov- ernment, preservation and maintenance, subject to the ap- proval of the board. The president and treasurer of the board and the superintendent of the district (or if there is no such officer, the secretary of the board), shall be ex-officio members of the board of trustees. The other six members shall be elected by the school board, two each for one, two and three years, and annually thereafter two members shall be chosen by said board for the term of three years. Each trustee shall serve until his successor is elected and in case of a vacancy it shall be filled by the school board for the un- expired term. The trustees shall make a report to the school board once each year or oftener if called upon of such subjects and in such manner as may be required by said board.3° When election of trustees may be dispensed with. 520. Any board of school directors of any township or borough, or any other organization having control of the common schools of any township or borough, may, when decided upon by resolution duly passed by a majority of the members of said board of school directors or other organi- 29. Act May 25, 1897, Sec. 2, P. L. 84. 30. Act May 11, 1901, Sec. i, P. L. 180. This act amends Sec. 4, Act June 28, 1895, P. L. 411. 222 COMMON SCHOOL LAW zation having control of the common schools, as aforesaid, prior to the establishment of any library authorized by this act, dispense with the election of trustees, as hereinbefore provided ; in which case the powers given, and duties im- posed by said act to said trustees shall be assumed and ex- ercised, by said school directors and other organization having control of the common schools of said township or borough. 3" Supervision of libraries. 521. All public libraries established as above shall be under the general supervision and subject to the inspection of the State Librarian, who is hereby empowered to require reports thereof to be made by the trustees at such time and in such manner as he may see proper.^^ Adjoining school districts may join in establishing and maintaining free public libraries, or join in aiding those otherwise estab= lished. 522. When any township surrounds or immediately adjoins any borough within this Commonwealth, the school directors, boards, or organizations having control of the common schools of said borough and township, may join in the establishment and maintenance of a free, non-sectarian, public library in said borough or township, or partly in both, the expense of such establishment and maintenance to be borne by said borough and township, in such propor- tions as may be agreed upon by the school authorities of said respective school districts, and for that purpose may levy the taxes provided for in the act to which this is a supplement. 33 31. Act May 11, 1901, Sec. i, P. L. 180. This act amends Sec. 4, Act June 28, 1895, P. L. 411. 32. Act June 28, 1895, Sec. 5, P. L. 411. 33. Act April 2, 1903, Sec. i, P. L. I33- Note. — This act is a supplement to the act of June 28, 1895, P. L. 411. Supra. Sec. 501, 503. CHAPTER XX. SCHOOL TERM. PAGE 523. School term 223 524. Days for improvement of teachers 223 525. Piesident of board to certify the whole number of months the schools have been kept open and in operation 224 526. School month 224 527. Legal holidajs 225 528. Teaching on legal holidays forbidden ^ 225 School term. 523. The iiiiniinum school term shall be seven months, and after the close of the school year, endhig on the first Monday of June, one thousand eight hundred and ninety- nine, school directors or controllers shall keep the schools of their respective districts in operation at least seven months each year : Provided, That the length of the annual term may remain as at present in districts where the max- imum amount of tax allowed by law to be levied for school purposes, together with the amount of state appropriation to which the said districts are entitled, shall be found insuf- ficient to keep the schools open a greater length of time than six months.' Days for improvement of teachers. 524. Two Saturdays in each month, as the proper board shall designate, which two Saturdays shall be held to be a part of the school month, may at the discretion, and by an affirmative vote of a majority of all the members of the board of directors or controllers, be appropriated to in- stitutes for the improvement of the teachers of the said dis- trict : Provided, That in districts, in which the schools are or shall be, kept open, and in operation the maximum term now allowed by law, and the teachers employed by the j'ear, the foregoing clause as to the number of days in the school month shall not apply any further, than that the reports and statistics of the school shall be kept in accordance therewith, and that district institutes may be held as there- bv directed.^ 1. Act April 4, 1899, Sec. i, P. L. 31. 2. Act April 17, 1865, Sec. i, P. L. 60. 224 COMMON SCHOOL LAW President of board to certify the whole number of months the schools have been kept open and in operation. 525. As soon as the schools of any district shall have closed for the school year, commencing on the first Monday in June preceding, the president of the board of directors or controllers shall certify, under oath or affirmation, as to the whole number of months the schools in their respective districts have been kept open and in operation, according to law ; also, that no teacher has been employed for or had charge of any of the schools of said district, during the year, who .had not a valid certificate from the county superinten- dent, together with the name and post-office address of the district treasurer, and shall forward the same to the county superintendent, who shall immediately approve said certifi- cate, if found to be correct, and transmit it to the state su- perintendent of common schools ; if it shall appear by said certificate, that the schools of the district have been kept open and in operation, according to law, at least four months subsequent to the first Monday in June preceding, and that no teacher has had charge of any of the schools of the district, during the whole time they have been kept open during the year, who had not a valid certificate from the county superintendent, the state superintendent shall draw his warrant upon the state treasurer, for the whole amount which such district is entitled to receive from the annual state appropriation: Provided, That the board of directors or controllers shall, at the same time, forward to the county superintendent a report of the condition of the schools in their respective districts, as directed in the 23d section of the act of May 8th, 1854 : And provided further, That said certificate and report shall have been transmitted to the superintendent of common schools, on or before the 15th day of July of the school year succeeding the one for which the certificate and report were made ^ School month. 526. A common school month shall hereafter consist of twenty days actual teaching, and, no school shall be kept 3. Act April 17, 1865, Sec. 3, P. L. 62. SCHOOL TERM 225 open, ill any district, for the purpose of ordinary instruction, on any Saturday, or on any legal holiday, or in any county, during the time of holding the annual county institute therein/ Legal holidays. 527. The following days are named as legal holidays, to wit : The first day of January, commonly called New Year's day; the twelfth day of February, known as Lin- coln's birthday ; the third Tuesday of February, election day ; the twenty-second day of February, known as Wash- ington's birthday ; Good Friday ; the thirtieth day of May, known as Memorial day ; the Fourth of July, called Inde- ' pendence day ; the first Monday of September, known as Labor day ; the first Tuesday after the first Monday of No- vember, Election day ; and the twenty-fifth day of Decem- ber, known as Christmas Day.^ Teaching on legal holidays forbidden. 5 8. Mestrezat, J., said: "This was an action brought by the plaintiff against the defendant on April 9, 1894, be- fore a justice of the peace, to recover for services rendered as a school teacher. ''The claim before the justice was $105 for teaching one of the schools of Henry Clay township for 60 days, be- ginning November 27, 1893, and ending March 17, 1894, at $35 per month. Before this suit was brought, the defen dant tendered to the plaintiff" the amount of his claim, less $5.25 claimed by the plaintiff" for teaching on New Year's Day, Washington's Birthday and Good Friday. On the trial of the cause in court, the defendant paid, and the plain- tiff" accepted, the amount of money tendered him. The de- fendant contends that the plaintiff" is not entitled to recover for teaching on the three days named because they are legal holida5^s, and that, by the Act of June 25, 1885, P. L. 176, teaching on those days is prohibited. On the other hand, the plaintiff claims that the fourth section of 4. Act June 25, 1885, Sec. i, P. L. 176. 5. Act June 23, 1897, Sec. i, P. L. 188, amending Act May 31, 1893, P. h- 188. 226 COMMON SCHOOL LAW the Act of May 31, 1893, P. L. 188, repeals the Act of 1885, and that therefore there is no prohibition against teaching on a legal holiday. "After the plaintiff had closed his testimony, we granted a non-suit, on the ground that the Act of 1885 was still in force, and that therefore the plaintiff could not re- cover for the s'ervices he rendered in teaching on the legal holidays named. " Notwithstanding the very able and ingenious argu- ment of plaintiff's counsel, we are not convinced that the Act of 1893 repealed the Act of 1885. On the other hand, for the reasons stated at the time the non-suit was granted, we have no doubt that the Act of 1885 is still in force. " The plaintiff therefore is not entitled to recover for teaching on New Year's Day, Washington's Birthday and Good Friday, they being legal holidays." ^ Thomas vs. School District of Henry Clay Township, 6 D. R. 230, 1895. CHAPTER XXL COMPULSORY ATTENDANCE. PAGE 529. Duty of parents, guardians, etc. Attendance. When school- boards may excuse 227 530. Application of the act 228 531. To what children act shall apply 228 532. Report of emploj-ers 228 533. Neglect of duty a misdemeanor 229 534. Notice to parent 229 535. Disposition of fines 230 536. Power of attendance officers 230 537. Disposition of truants 230 538. Compensation of officers 231 539. Boards may establish special schools 231 540. Proceedings against truants for disorderly conduct 231 541. Assessors to make a list of children, etc 232 542. Report of teacher 233 543. Refusal or neglect of officers 233 544. Portion of appropriation may be withheld 234 545. Parents may employ governess or private teachers without certificate and not violate the provisions of the act of July II, 1901, known as the compulsory school law 234 546. District assessor 237 Duty of parents, guardians, etc. Attendance. When school- boards may excuse. 529. Every parent, guardian or other person in this Commonwealth, having control or charge of a child or chil- dren between the ages of eight and sixteen years, shall be required to send such child or children to a day school in which the common English branches are taught, and such child or children shall attend such school continuously dur- ing the entire time in which the public school in their re- spective districts shall be in session, unless such child or children shall be excused from such attendance by the board of the school district in which the parent, guardian or other person resides, upon the presentation to said board of satis- factory evidence showing such child or children are prevent- ed from attendance upon school or application to study bv mental, physical or other urgent reasons. But the term "urgent reasons" shall be strictly construed, and shall not permit of irregular attendance : Provided, That the school- board in each district shall have power, at its June meeting, to reduce the period of compulsory attendance to not less 228 COMMON SCHOOL LAW than seventy per centum (70 per centum) of the school term in such district, in which case the board must, at that date, fix the time for the compulsory attendance.' Application of the act. 530, This act shall not apply to any child, between the ages of thirteen and sixteen years, who can read and write the English language intelligently, and is regularly engaged in any useful employment or service. A certifi- cate of age and ability to read and write the English lan- guage intelligently shall be issued by the superintendent of schools, notary public, justice of the peace, or any other person duly authorized to administer oaths, in citie's and boroughs, and by the secretary of the school-board in rural districts : Provided, That in case there be no public school in session within two miles, by the nearest traveled road, of any person within the school district, he or she shall not be liable to the provisions of this act.^ To what children act shall apply. 531. This act shall not apply to any child that has been or is being otherwise instructed in English, in the common branches of learning, for a like period of time, by any legally qualified governess or private teacher in a fam- ily : And provided further, That any teacher or principal of any private school or educational institution shall report non-attendance, as provided in section five (5) of this act.^ Report of employers. 532. Any person employing a child or children shall fur- nish, on or before the the third Monday of the school term, and quarterly thereafter, to the superintendent of schools, to the secretary of the board of school directors, or control- lers, of the district in which such child or children reside, the names, age, place of residence, and name of parent or guardian of every person under the age of sixteen years in his employ at the time of said report : And provided also, 1. Act July II, 1901, Sec. i, P. L. 658. 2. Act July II, 1901, Sec. i, P. L. 658, as amended by act April 10, 1905, P. L. 131. 3. Act July II, 1901, Sec. i, P. L. 658. i COMPULSORY ATTENDANCE 229 That the certiiicate of any principal or teacher of a private school, or of any institution for the education of children, in which the common English branches are taught, setting forth that the work of said school is in compliance with the provisions of this act, shall be sufficient evidence thereof, and the teacher or principal of said school or institution shall have the power to excuse any child or children for non- attendance during temporary periods, in accordance with the provisions of this act.^ Neglect of duty a misdemeanor. 533. For every neglect of duty imposed by the first section of this act, the principal or teacher, or person in pa- rental relation, offending, shall be guilty of a misdemeanor, and shall upon conviction thereof before a justice of the peace, magistrate or alderman, forfeit a fine not exceeding two dollars on first conviction, and a fine not exceeding five dollars for each subsequent conviction ; and in default of payment of said fine, the defendant may be committed to the county prison for a period not exceeding two days for the first conviction, and for a period not exceeding five days for each subsequent conviction : Provided, Upon con- viction, the defendant or defendants may appeal to the court of quarter sessions of the peace of the proper county, within five days, upon entering into recognizance with one surety for the amount of fines and costs.^ Notice to parent. 534. Before such penalty shall be incurred, the parent, guardian or other person liable therefore shall be notified in writing by the superintendent of schools, or the secretary of the school board, or by the attendance officer, if there be one, of such liability, and shall have opportunity, by com- pliance with the requirements of this act, within three school days, then and thereafter, to avoid the imposition of such penalty. But after such notice has been served, if the same child is absent from school three days, or their equivalent in time, during the remaining period of compulsory attend- 4. Act July II, 1901, Sec. I, P. L. 658. 5. Act July II, 1901, Sec. 2, P. L,. 658. 230 COMMON SCHOOL LAW ance, without excuse as provided by section one (i) of this act, the parent, guardian, or person in parental relation, shall be liable to prosecution under this act, without further notice.^ Disposition of fines. 535. The fines provided for by this act shall, when col- lected, be paid over by the officers collecting the same into the school treasury of the respective districts, for the use of the said school district of the city, borough or township in which such person convicted resides, to be applied and ac- counted for by such treasurers in the same way as other moneys raised for school purposes ; such fines shall be col- lected by a process of law similar to the collection of other fines. 7 Power of attendance officers. 536. Board of school directors or school controllers shall in cities, and may in all other school districts, employ one or more persons to be known as attendance officers, who shall, in addition to the duties provided elsewhere in this act, have full police power without warrant, and whose duty it shall be to look after and arrest and apprehend truants and others who fail to attend school in accordance with the provisions of this act.^ Disposition of truants. 537. When an attendance officer arrests or apprehends any truant or other person, as herein set forth, he shall have power, immediately to place him or her in the school in which he or she is or should be enrolled, or at the expense of the parent, guardian or person in parental relation, in such private school, as provided by section one (i) of this act, as the parent, guardian or person in parental relation may select. And in case the parent, guardian or person in parental relation shall refuse or neglect, immediately to se- lect such school, the school board or board of school cou- 6. Act July II, 1901, Sec. 2, P. L. 658. 7. Act July II, 1901, Sec. 2, P. L. 658. 8. Act July II, 1901, Sec. 3, P. L. 658. COMPULSORY ATTENDANCE 23 1 trollers shall have full power to designate the school in whicli the child shall be placed.^ Compensation of officers. 538. The persons appointed such attendance officers shall be entitled to such compensation as shall be fixed by the boards appointing them ; but, in townships, shall not exceed two dollars per day ; and such compensation may be paid out of the school fund.'° Boards may establish special schools. 539. Boards of directors or controllers of any school district, or of two or more districts jointly may establish special schools for children who are habitual truants, or who are insubordinate or disorderly during their attendance upon instruction in the public schools, and may provide for the proper care, maintenance and instruction of such children in such schools, for such period of time as the board may prescribe. But before the pupil shall be placed in such spe- cial school, the parent, guardian or person in parental rela- tion shall have opportunity to be heard." Proceedings against truants for disorderly conduct. 540. All truancy and incorrigibility shall be deemed disorderly conduct. And in case no special school, as here- in prescribed, has been established, the superintendent of schools or secretary, or attendance officer if there be one, shall proceed against such truant or incorrigible pupil as a disorderly person, before a justice of the peace, magistrate or alderman, and upon conviction the pupil may be sentenced to any special or reformatory school supported wholly or in part by the state, or at the option of the school board or board of controllers, be committed to the care of a society, duly incorporated, having for one of its objects the protection of children from cruelty or the placing of children, not other- wise provided for, in families ; and in case of a commitment of a child or children to the care of such society, the board of directors or controllers of the district may provide for 9. Act July II, 1901, Sec. 3, P. L. 65S. 10. Act July II, 1901, Sec. 3, P. L. 658. 11. Act July II, 1901, Sec. 3, P. L. 658. 232 COMMON SCHOOL LAW the expense of the maintenance and education of such child or children out of that part of the school fund within its control which shall have been appropriated to said board by the local authorities of such district.'^ Assessors to make list of children, etc. 541. It shall be the duty of the assessors of voters of every district, when not notified and directed to the con- trary by the school board, at the spring registration of voters or as soon as possible thereafter, to make in a sub- stantial book, provided by the superintendent of public in- stitution at the expense of the state, for that purpose, a care- ful and correct list of all children between the ages of six and sixteen within his district, giving the full name, date of birth, age, sex, nationality, residence, sub-school district, name and address of parent or person in parental relation, and the name and location of the school where the child is enrolled, or the cause of non-enrollment, and the name and address of the employer of any child under sixteen years of age that is engaged in any regular employment or service ; which enumeration, after approval by the secretary of the said school district, shall be returned by the said assessor to the county commissioners of the county in which the enu- meration is made, whose duty it shall be to forward the same, or a certified copy thereof, to the secretary of the proper school district, prior to July fifteenth of each year, who shall immediately furnish the principal or teacher of each school with a correct list of all children in his or her district who are subject to the provisions of this act ; and the said county commissioners shall furnish a summary of such statistics to the superintendent of public institution, upon blanks provided by the state. And the said assessors shall be paid, out of the county funds, a per diem compen- sation for their services, a sum equal to the compensation paid under existing laws for assessors of election ; said ser- vices not to exceed ten days : Provided, That prior to Feb- ruary first of any year, any board of directors or controllers of any school district may authorize such enumeration to be 12. Act July II, 1901, Sec. 3, P. L. 658. COMPULSORY ATTENDANCE 233 made by the attendance officers or other persons, at the ex- pense of the school district, under the same conditions as herein provided for assessors : Provided further. That the attendance officers, if there be any, or the superintendent of schools, or the secretary of the school board, shall have the power to add to this register the names of children within the prescribed ages whose names do not appear thereon. '* Report of teacher. Notice. Costs of prosecution. 542 It shall be the duty of each teacher in the school district to report immediately to the attendance officer or the superintendent of schools, or the secretary of the board of directors or controllers, the names of all children, on the list previously furnished by said superintendent or secre- tary, who have been absent three days or their equivalent without lawful excuse ; when, if it shall appear that any parent, guardian or other person having control of any child or children shall have failed to comply with the provisions of this act, after notification in writing as provided in sec- tion two, the superintendent or secretary, or attendance of- ficer if there be one, in the name of the school district, shall proceed against the offending party or parties, in accordance with the provisions of this act : Provided further, That if sufficient cause be shown for the neglect of the requirements of this act, or if the costs of prosecution cannot be collected from the defendant, said cost may be paid out of the district funds upon a proper voucher approved by the board of di- rectors or controllors."' Refusal or neglect of officers a misdemeanor. 543. The superintendent of schools or secretary, or at- tendance officer if there be one, of any board of directors or controllers who wilfully refuses or neglects to comply with the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, before an alderman, magistrate or justice of the peace, shall forfeit a fine not exceeding twenty-five dollars. '^ 13. Act July II, 1901, Sec. 4, P. L,. 658. 14. Act July II, 1901, Sec. 5, P. L,. 658. 15. Act July II, 1901, Sec. 6, P. L. 658. 234 COMMON SCHOOL LAW Portion of appropriation may be withheld. 544. The state superintendent of public instruction may withhold one-fourth state appropriation from any school district which neglects or refuses to enforce the pro- visions of this act in a manner and degree satisfactory to the state superintendent of public instruction,'^ Parents may employ governess or private teachers without certif- icate and not violate the provisions of the Act of July 11, 190 1, known as the ♦♦ Compulsory School Law." 545, Judge E. W. Biddle said : "On January 12, 1903, the secretary of the school board of West Pennsboro town- ship made an information before a justice of the peace against Brady McCullogh, of said township, charging him with violation of the provisions of the act of July 1 1, 1901, P. L. 658, popularly known as the " Compulsory school law." The alleged offense was that the defendant refused to send his twelve-year-old daughter to a public school, without hav- ing had her excused from attendance by the board of direct- ors. After a hearing the justice adjudged him to be guilty and imposed upon him a fine of $2 and the costs. From this action of the justice the defendant appealed to the court of quarter sessions, wherein a trial was held, and by agree- ment of counsel a special verdict was rendered by the jury as follows : " I. That the defendant removed his child from the public school because he believed that the treatment she received from the teacher was injurious to her men- tally and physically, but that the child did not apply to the board of directors to excuse her from attendance and refused since to apply for the same. " 2. That since defendant removed his child from the public schools she has been instructed in English in the common branches of learning by a private teacher in his family, who is well qualified to give such instruction, but said private teacher had no certificate from the county su- perintendent of public schools, nor was her examination by McCrea and Martin authorized by the superintendent or board of directors, nor has she since applied for a certificate. 16. Act July II, 1901, Sec. 7, P. L. 658. COMPULSORY ATTENDANCE 235 '* If, under these findings of facts, the court should be of opinion that under the law the defendant is guilty, then we find him guilty in manner and form in which he stands indicted ; otherwise we find him not guilty, and county for costs." "The law is settled in Pennsylvania that, in disposing of a special verdict, the court is confined to the specific facts which it contains and cannot supplement them by a resort either to the testimony or to any other outside source of information: Tuigg vs. Treacy, 104 Pa. 493; Common- wealth vs Grimes, ii6 Pa, 450. Tested by this principle, it is evident that for various reasons the special verdict would not warrant the court in pronouncing the defendant guilty. It is deficient in that it does not set forth that the offense was committed in Cumberland County, or that it occurred within the period of two years before the bill of indictment was found, or that the defendant was notified of his liability before suit was brought, or that there was a public school in session within two miles of his home. In view of the foregoing the defendant is entitled to a verdict of not guilty. "For the benefit of the various boards of school direct- ors of the county, the counsel on both sides of the case have requested the court to give an opinion as to the mean- ing of the following important proviso, which appears in the said act of assembly : " Provided, That this act shall not apply to any child that has been or is being otherwise instruct- ed in English in the common branches of learning, for a like period of time, by any legally qualified governess or private teacher in a family." The vital question is, can any one be " legally qualified " to teach in a family who is not the holder of a teacher's certificate from a county, city or bor- ough superintendent, or a state normal school ? The word "governess" means "a woman who teaches children in their homes," and the succeeding words of the sentence " or private teacher in a family" have exactly the same signification, except that they apply alike to men and women. By the act of May 8, 1854, P. h. 617, it was specified that no teacher shall be employed in any school to 236 COMMON SCHOOL LAW teach branches other than those set forth in his certificate ; and the subsequent acts of April 9, 1867, P. L. 51, and May 21, 1 901, P. L. 269, take a further step in the right direction by specifying certain mental and moral qual- ifications which a teacher must possess in order to obtain a certificate of any kind. The act of May 8, 1854, is entitled "An act for the regulation and continuance of a system of education by common schools;" the act of April 9, 1867, is a supplement to the same, and the act of May 21, 1901, is an amendment of the supplement. Their provisions con- cerning teachers relate exclusively to those connected with, or who desire to become connected with, the common schools, and have no reference whatever to other teachers. "The act of July 12, 1897, P. L 248, amending the orig- inal compulsory educational law of May 16, 1895, P. L. 72, provided as follows : " That this act shall not apply to any child that has been or is being otherwise instructed in Eng- lish in the common branches of learning for a like period of time." Such was substantially the language used in the former act, and it is argued on the behalf of the Common- wealth that the incorporation of this language into the act of July II, 1901, with the addition thereto of the words" by any legally qualified governess or teacher in a private family," has made an essential change in the law, and that to be " legally qualified " involves the holding of a teacher's cer- tificate. "After mature reflection we cannot agree with this view, because there is no statute which fixes the qualifica- tions of a private teacher. The act of July 11, 1901, is penal in its character and must, therefore, be construed strictly. In regard to this subject. Judge Endlich says in section 330 of his Commentary on the Interpretation of Stat- utes : " It maybe here added that the rule of strict construc- tion in the case of penal statutes requires that where an act contains such an ambiguity as to leave reasonable doubt of its meaning, it is the duty of the court not to inflict the penalty ; that where it admits of two constructions, that which op- erates in favor of life or liberty is to be preferred." Again in section 340 : "It is presumed that the legislature does COMPULSORY ATTENDANCE 237 not desire to confiscate the property, or to encroach upon the rights of persons, and it is therefore expected that if such be its intention, it will manifest it plainly, if not in express words, at least by clear implication and beyond rea- sonable doubt." "Our conclusion is that if the legislative body had de- signed the act of July ii, 1901, to seriously affect the legal status and rights of private teachers who do not hold certif- icates, and also to brand as a criminal the person who should employ one of their number to give home instruc- tion to a child which might otherwise be sent to school, it would have plainly said so. In the abseuce of words which either expressly or by clear implication show an intent of that kind, we decide that "legally" as used in the proviso has no technical iuiport, and, if considered at all, should be interpreted to mean "well"' or "suitably." The doctrine is established that every word and phrase shall be given due effect, if practicable, yet if a sensible meaning cannot be at- tached to a particular word or phrase, it must be elimin- ated in the construction. From the above it logically fol- lows, under the facts set forth in the special verdict, that the child of the defendant received lawful and proper in- struction at home, and that the defendant did not commit a breach of the law by having her instructed there by a "well-qualified" teacher, notwithstanding such teacher did not hold a certificate." '^ District Assessor. 546. The County Commissioners must pay the district assessor out of the county funds for making the enumera- tion of school children under the provisions of the compul- sory school law.'^ 17. Commonwealth vs. McCullogh, 12 D. R. 258, 1903. 18. Assessors' Compensation, 17 Pa., C. C. 572, 1896. CHAPTER XXIL POWER OF TH E COURTS OF QUARTER SESSIONS OVER CHIL- DREN UNDER SIXTEEN YEARS OF AGE. PAGE 547. Preamble of act defining the powers of courts of quarter sess- ions with reference to care and control of children under age of sixteen years 238 548. Jurisdiction of courts of quarter sessions 239 549. " Dependent child," " neglected child," " incorrigible child," and "delinquent child" defined 239 550. Juvenile court. Sessions. Records. Assignment of judge... 239 551. Powers of the courts may be exercised upon petition 240 552. Certificate of magistrate or justice of the peace 240 553. Certificate of the district attorney 240 554. Action of the judge 240 555. Powers of the judge. Custody and control of the child 240 556. Appointment of probation officers. Duties 241 557. Commitment of child. Order on parents or guardians 241 558. Discharge from reformatory institutions. Record 242 559. Guardianship. Legal adoption. Guardianship not to include estate 242 560. Care of the child 242 561. Unlawful to confine child in jail, police station 242 562. Limit of commitment 243 563. Religious belief 243 564. Approved family home 243 565. Commitment of delinqueni child under the age of twelve years 244 566. Trials upon indictment 244 Preamble of act, defining the powers of courts of quarter sessions, with reference to care and control of certain children under age of sixteen years. 547. Whereas, The welfare of the state demands that children .should be g-uarded from association and contact with crime and criminals, and the ordinary process of the criminal law does not provide such treatment and care and moral encotiragement as are essential to all children in the formative period of life, but endangers the whole future of the child ; And Whereas, Experience has shown that children, lacking proper parental care or guardianship, are led into courses of life which may render them liable to the pains and penalties of the criminal law of the state, although in fact the real interests of such child or children require that they be not incarcerated in penitentiaries and jails, as members of the criminal class, but be subjected to a wise care, treat- POWER OF COURTS OVER CHILDREN 239 inent and control, that their evil tendencies may be check- ed and their better instincts may be strengthened ; And Whereas, To that end, it is important that the powers of the courts, in respect to the care, treatment and control over depsndent, neglected, delinquent and incorri- gible children, should be clearly distinguished from the powers exercised in the administration of the criminal law : Jurisdiction of courts of quarter sessions. 548. The courts of quarter sessions of the peace, within the several counties of this Commonwealth, shall have and possess full jurisdiction in all proceedings which may be brought before them affecting the treatment and control of dependent, neglected, incorrigible and delinquent children, under the age of sixteen years.' "Dependent child," " neglected child," ♦' incorrigible child" and " delinquent child " defined. 549. For the purpose of this act the words " de- pendent child " and " neglected child " shall mean any child who is destitute, homeless, abandoned, or depen- dent upon the public for snpport, or who has not proper parental care or guardianship. The words " incorrigi- ble children " shall mean any child who is charged by its parent or guardian with being unmanageable. The words " delinquent child " shall mean any child, includ- ing such as have heretofore been designated " incorrigible children," who may be charged with the violation of any law of this Commonwealth, or the ordinance of any city, borough or town.ship.^ Assignment of judge. Juvenile court. Sessions. Records. 550. The powers of the court of quarter sessions of the peace, as provided for in this act, may be exercised by any one or more judges of such court, who may be assigned for the purpose at a session of said court, which shall be known as the juvenile court ; and all sessions of such juvenile court shall be held separate and apart from any session of the court held for the purpose of its general criminal or other 1. Act April 23, 1903, vSec. i, P. ly. 274. 2. Act April 23, 1903, Sec. i, P. L. 274. 240 COMMON SCHOOL LAW business, and the records of the proceedings of such juven- ile court shall be kept in a docket, separate from all other proceedings of said court. ^ Powers of the court may be exercised. Petition of citizen. 551. The powers of the court may be exercised : (i.) Upon the petition of any citizen, resident of the county, setting- forth that a child is neglected, dependent or delinquent, and is in need of the care and protection of the court. Certificate of magistrate or justice of the peace. 552. (2.) Whenever any magistrate or justice of the peace, in committing a child, arrested for an indictable of- fense, shall certify that, in his opinion, the good of the child and the interests of the state do not require a prosecution upon an indictment, under the criminal laws of the Com- monwealth. Certificate of the district attorney. 553 (3) Whenever, after return made by a magistrate of the proceedings, upon the arrest of such delinquent child for an indictable offense, the district attorney of the county, either before or aftej- the indictment, shall certify that, in his opinion, the good of the child and tlie interest of the state do not require a prosecution upon an indictment, under the criminal laws of this Commonwealth, Action of the judge. 554. (4) Whenever, upon the trial of any indictment of such delinquent child, the judge trying the cause is of opinion that the good of the child and the interests of the state do not require a conviction under the criminal laws of this Commonwealth.'* Power of the judge. Custody and control of the child. 555. Upon the filing of any petition, as above set forth, or whenever the jurisdiction of the court has attached by the filing of a certificate of a magistrate or justice of the peace, or of the district attorney, or by the action of a judge, as above 3. Act April 23, 1903, Sec. i, P. L. 274. 4. Act April 23, 1903, Sec. 2, P. L. 274. POWER OF COURTS OVER CHILDREN 24 1 set forth, it shall be within the power of the judge, holding said juvenile court, to make all necessary orders for com- pelling the productioii of such child, and the attendance of the parents and all persons having the custody or control of the child, or with whom the child may be ; and pending the final disposition of any case, the child shall be subject to the order of the court, and may be permitted to remain in the control of its parents or the person having it in charge, or of the probation officer, or may be kept in some place provided by the state or county authorities, or by any asso- ciation having for one of its objects the care of delinquent 01; neglected children, as the court may order.s Appointment of probation officers. Duties of. 556. The court shall appoint or designate one or more discreet persons, of good character, to serve as probation officers during the pleasure of the court ; said probation of- ficers to receive no compensation from the public treasury ; and it shall be the duty of all probation officers, so appoint- ed, to make such investigations as may be required by the court, to be present in court when the case is heard, and to furnish to the court such information and assistance as the judge may require, and to take such charge of any child, before and after trial, as may be directed by the court.^ Commitment of ehild. Order on parents or guardians. 557. At the hearing, the judge or judges holding such session of the court, shall determine, after an inquiry into the facts, what order for the commitment and custody and care of the child, the child's own good and the best interests of the state may require ; and may commit such child to the care of its parents, subject to the supervision of a pro- bation officer, or to some suitable institution, or the care of some reputable citizen of good moral character, or to the care of some training school, or to an industrial school, or the care of some association willing to receive it ; and in either such case it shall be within the power of the court to make an order upon the parent or parents of any such 5. Act April 23. 1903, Sec. 2, P. L,. 274. 6. Act April 23, 1903, Sep. 3, P. L. 274. 2'42' COMMON SCHOOL LAW child to contribute to the support of the child, such sum as the court nia}- deterniiue.'' Proviso. Discharge from reformatory institution. Record. 558. It being further provided that, in all cases in which a delinquent child shall be committed to the care of a reformatory institution, when such child shall be dis- charged from such institution, the court shall be duly ad- vised thereof, and a record of such discharge shall be kept in the juvenile court docket.^ Guardianship. Legal adoption. Guardianship not to includeestate. 559. In any case where the court shall award a depend- ent child to the care of any association or individual, in ac- cordance with the provisions of this act, the child shall, unless otherwise ordered, become a ward, and be subject to the guardianship of the association or individual to whose care it is committed. Such association or individual shall have authority to place such child in a family home, with or without indenture, and may be made party to any pro- ceedings for the legal adoption of the child, and may, by its or his attorne}' or agent, appear in any court where such pi'oceedings are pending and assent to sueh adoption. And such assent shall be sufficient to authorize the court to enter the proper order or decree of adoption. Such guardianship shall not include the guardianship of any estate of the child. ^ Care of the child. 560. In the case of a delinquent child, the court may continue the hearing from time 10 time ; and may com- mit the child to the care and guardianship of a probation officer, duly appointed by the court, and may allow said child to remain in its own home, subject to the visitation of the probation officer, such child to report to the probation offi- cer as often as may be required, and subject to be returned to the court, for further proceedings, whenever such action may appear to be necessary ; or the court may commit the child to the care and guardianship of the probation officer, 7. Act April 23, 1903, Sec. 4, P. L. 274. 8. Act April 23, 1903, Sec. 4, P. L. 274. 9. Act April 23, 1903, Sec. 5, P. L. 274. * IPOWER OF COURTS OVER CHILDREN 243 lio be placed in a suitable family home, subject to the super- vision of such probation officer ; or it may authorize the said probation officer to board out the said child in some suitable family home, in case provision is made by volun- tary contribution or otherwise for the payment of the board of such child, until a suitable provision may be made for the child in a home without such payment ; or the court may commit the child to a suitable institution for the care of delinquent children, or to any society, duly incorporated, having- for one of its objects the protection of dependent or delinquent children.'" Unlawful to confine child in jail, police station, etc. 561. No child, pending a hearing under the provisions of this act, shall be held in confinement in any county or other jail, police station, or in any institution to which adult convicts are sentenced.-' Limit of commitment. 562. No order for the commitment of any child, in any proceedings had under this act, shall extend to a period be- yond when such child shall attain the age of twenty-one years. '^ Religious belief. 563. The court, in making all orders for the commit- ment of children, shall place them, as far as possible, in care and custody of persons having the same religious belief as the parents of the child, or with some association which is controlled by persons of such religious belief; and shall, as far as possible, provide, in making orders of commitment, that the care, custody and discipline of the child shall be as nearly as possible that which should be given by its parents.^^ Approved family home. 564. In all cases where it can properly be done, the child shall be placed in an approved family home, and become a member of the family by legal adoption or otherwise.''^ 10. Act April 23, 1903, Sec. 6, P. L. 274. 11. Act April 23, 1903, vSec. 7, P. L,. 274. 12. Act April 23, 1903, Sec. 8, P. I,. 274. 13. Act April 23, 1903, Sec. 9, P. L. 274. 14. Act April 23, 1903, Sec. 9, P. I^. 274. 244 COMMON SCHOOL LAW Commitment of delinquent child under the age of twelve years. 565. It shall not be lawful to commit the custody of any delinquent child, under the age of twelve years, to any institution of correction or reformation, unless, after the care and oversight given such child under the probation system provided for by this act, the court finds that the best interests of the child and the welfare of the community re- quire such commitment ; and it shall not be lawful to com- mit the custod}' of any neglected or dependent child, who is delinquent, to any institution of correction or reformation in which delinquent children are received, nor shall any delinquent child be committed to any institution in which dependent or neglected children are received. '^ Trials upon indictment. 566. Nothing herein contained shall be in derogation of the powers of the courts of quarter sessions and oyer and terminer to try, upon an indictment, any delinquent child who, in due course, may be brought to trial. '^ 15. Act April 23, 1903, Seo. 10, P. L. 274. 16. Act April 23, 1903, Sec. 11, P. L. 274. . CHAPTER XXIIL TEACHERS. PAGB 567. Qualifications 246 568. Teachers to be examined in physiology and hygiene 246 569. Examination in physical culture 246 570. Humane education 246 571. Provisional certificate. To whom granted 247 572. Professional certificate. To whom granted 247 573. Renewal 247 574. Permanent certificate. To whom granted. Authority to annul 248 575. Examination for permanent certificate 248 576. Permanent certificates issued on recommendation of committee elected by county institute. Exceptions 249 577. Election of certain grades of teachers for two or three years. Dismissal 249 578. School board of a township may employ teachers for the term of three years under act of June 25, 1885 250 579. Permanent state teachers' certificate. To whom granted 252 580. Form of application. Power of superintendent of public in- struction to annul permanent state teachers' certificates 252 581. Granting of permanent state teachers' certificates to college graduates 253 582. Interstate comity 254 583. Limitation of the provisions of the act 255 584. Annulment 255 585. Duty of teacher to make monthly report 255 586. Power of directors over teachers '. 255 587. When teachers' contracts are valid 256 588. Substantial compliance 256 589. President and secretary cannot make contract 257 590. Directors cannot elect teachers by secret ballot 257 591. Duty of school directors. To record the vote in employing school teachers 259 592. School boards should not exclude women because of their sex 261 593. Teachers of stenography and typewriting 262 594. Right of patrons to petition for or against the appointment of a teacher 262 595. Minimum salary of school teacher 263 596. Dismissal of teacher for immorality. Accused entitled to be heard 263 597. Dismissal of teacher for incompetency 264 598. Dismissal of teacher for refusing to be vaccinated 264 599. Teachers may be dismissed for insubordination and disobe- dience 266 600. Liability of school directors for the dismissal of a teacher 266 601. Power of school board to pass upon the charge of cruelty of a teacher 267 602. Teachers have the right to use corporal punishment 268 246 COMMON SCHOOL LAW 603. Government of schools. Corporal punishment 272 604. Offenses out of school 274 605. Quo warranto 275 Qualifications. 567. No teacher in this Commonwealth shall receive from a county, city or borough superintendent, a certificate as a teacher who has not a fair knowledge of orthography, reading, writing, geography, English grammar, mental and written arithmetic, history of the United States, the theory of teaching, and civil government, including state and lo- cal, and elementary algebra ; nor shall such certificate be given to any person who is in the habit of using, as a beverage, any intoxicating drinks, or habitually takes opium ; and all certificates given to teachers shall set forth the branches in which those holding them have been found pro- ficient, and indicate by suitable marks the degree of that proficiency.' Teachers to be examined in physiology and hygiene. 568. No certificate shall be granted any person to teach in the public schools of the Commonwealth or in any of the educational institutions receiving money from the Common- wealth, who has not passed a satisfactory examination in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants, and narcotics upon the hu- man system.^ Examination in physical culture. 569. In cities of the first and second class, teachers must be examined in physical culture.^ Humane education. 570. A system of humane education has been establish- ed in our j)ublic schools and while the act does not declare that teachers shall be examined, yet every teacher should inform himself on the subject."^ I. Act Ma)' 21. 1901, P. L. 269, amending Act April 9, 1867, Sec. 11, P. Iv, 55. 2 Act April 2, 1885, Sec. 3, P. L. 7- 3. Act March 8, 1901, Sec. 2, P. L. 49. 4. Act March 27, 1905, P. L. 60. TEACHERS 247 Provisional certificate. To whom granted. 571. County, city or borough superintendents shall is- sue two grades of teachers' certificates, one of which shall be called a provisional certificate, and shall be given to ap- plicants possessing a fair knowledge of the following branches, to wit : Orthography, reading, writing, geography, English grammar, mental and written arithmetic, history of the United States, the theory of teaching-^ physiology, and hygiene, with special reference to the effects of alco- holic drinks, stimulants and narcotics upon the human sys- tem^, civil government, including state and local, and ele- mentary algebra, 7 or to those who, possessing a thorough knowledge of the branches, have little or no experience in teaching, and shall license the holder to teach in the county, city or borough where issued, for one year, and which shall not be renewed without a re-examination.^ Professional certificate. To whom granted. 572. The act also provides that the other (certificate) shall be called a professional certificate, and shall be given only to those who possess a thorough knowledge of the same branches (as required for the provisional certificate), and who have had successful experience in teaching, and shall license the holder to teach in the county, city or borough, where issued, during the official term of the county, city or borough superintendent issuing it, and for one year there- after. ^ Renewal. 573. Any professional certificate may be renewed by a county, city or borough superintendent without re-examin- ation, after having fully satisfied himself, by personal obser- vation, in his or her school, of the competency and skill, as a teacher, of the person holding it.'°. 5. Act April 9, 1S67, Sec. 11, P. L. 55. 6. Act April 2. 1885, Sec. 3, P. L. 7- 7. Act May 21, 1901, P. L. 269; 8. Act April 9, 1867, Sec. 12, P. L. 55. 9. Act April 9, 1867, Sec 12, P. L. 55; 10. Act April 9, 1867, Sec. 12, P. L. 55. 248 COMMON SCHOOL LAW Permanent certificate. To whom granted. Authority to annul. 574. The superintendent of public instruction shall cause to be prepared a new grade of teacher's certificate, to be called a permanent certificate, which shall be granted by him to practical teachers holding professional certificates upon the recommendation of the board or boards of directors in whose employment the applicant shall have taught for the three preceding annual school terms, which shall be countersigned by the proper county, city or borough super- intendent in office when the application shall be made, and approved, after examination, by a committee for each county or city in case a separate teachers' annual insti- tute is held therein, which committee shall consist of three practical teachers holding a valid teachers' certificate, who shall be appointed and commissioned as examiners for a term of three years by the superintendent of public instruc- tion, and who shall be subject to removal by him at any time, and such permanent certificate shall continue to be valid in such county, city or borough unless forfeited accord- ing to the provisions of this act, and shall also entitle the holder to teach one year in any other county, city or borough in this Commonwealth, without re-examination, at the end of which time it may be indorsed by the proper county, city or borough superintendent, if, from personal knowledge, he deem it worthily held, and it shall then confer upon the holder the same rank and privileges as in the county, city or borough where issued, and such permanent certificate shall only be annulled upon complaint, duly proven of in- competency, cruelty, negligence or immorality made to the state superintendent of common schools by a county, city or borough superintendent and a committee of teachers elect- ed and constituted as aforesaid." Examination for permanent certificate. 575. All examinations for permanent certificates for teachers in the common schools, shall be by written ques- tions and answers ; and in case the examination of the appli- II. Act June 28, 1895, Sec. 9, P. L. 417, amending Act April 9, 1867, Sec. 12, P. L, 55- TEACHERS 249 cant is satisfactory to the coininittee of teachers on perma- nent certificates, the list of questions and answers, with all other papers accompanying the application, shall be forward- ed to the department of public instruction, and if approved by the superintendent of public instruction, he shall issue and forward to the applicant a permanent certificate, in ac- cordance with the recommendation made by the committee, as now required by law ; Provided, That the questions shall be answered immediately and in the presence of the com- mittee.'^ Permanent certificates issued on recommendation of committee elected by county institute. Exceptions. 576, Any permanent certificate granted or hereafter issued on the recommendation of a committee of teachers, duly elected at the annual session of the county institute, shall be a valid certificate, and shall continue to be valid in all the districts of the county where issued, including the several cities and boroughs within the county, except such cities and boroughs as may be authorized by law to hold separate annual teachers' institutes, and empowered to recommend the granting of permanent certificates, which certificates shall be valid only in the city or borough where issued '^ Election of certain grades of teachers for two or three years. Dis= missal. 577. Local school boards of the various townships, bor- oughs and wards, and boards of education, boards of control and other bodies having authority, under the laws of this Commonwealth, to elect principals and assistant teachers of public high and state normal schools of said Commonwealth, may elect principals and assistant teacliers, holding the grade of " professional certificates," for two successive school terms, and those holding the grade of " permanent certifi- cates," or diplomas, issued by state normal schools of this Commonwealth, for three successive school terms : Pro- vided, That any of the aforesaid boards shall have power, at any time, to dismiss any principal or assistant teacher in 12. Act June 22, 18S3, Sec. i, P. L. 156. 13. Act June 22, 1883, Sec. 2, P. L,. 156. 250 COMMON SCHOOL LAW their employ for any of the causes mentioned in the act of May 8, one thousand eight hundred and fifty-four, of the school laws of this Commonwealth.''* School board of a township may employ teachers for the term of three years under act of June 25, 1885. 578. In accordance with this action of the school board, the president and secretary entered into a written contract with the plaintiff, employing her to teach in the schools of the district for a period of three successive school terms at a salary of $45 per month. It was admitted upon the trial that the plaintiff has a diploma from the state normal school. Under the contract above mentioned, the plaintiff taught one of the schools of the defendant district for two succes- sive years, and was prevented from teaching the third year by the election of another teacher, who was placed in charge of the school formerly taught by the plaintiff and who refused her permission to teach therein, although offer- ing to do so for a number of successive days at the open- ing of the school term. The present action is brought to recover the amount of the plaintiff's salary or wages as a teacher for ten months from August to May. A recovery was had in the court be- low for the full amount. On appeal the Superior Court affirmed tlie judgment of the lower court. The defendant school district seeks to evade payment on the ground that contract with the plaintiff is invalid be- cause the school board had no authority to enter into such a contract for three years. The contract entered into by the president and secre- tary, in accordance with the power granted to them by the board in the resolution, as recorded in the minutes, was a sufficient contract upon which to base a recovery, if the board had authority to employ the plaintiff for the period of three terms, and this involves the construction of the act of June 25, 1885, P. L. 175, in which it is provided: " That, on and after the passage of this act, local school boards of the various townships, boroughs and wards, and 14. Act June 25, 1885, Sec. i, P. L. 175. Act May 8, 1854. Infra Sec. 586. TEACHERS 251 boards of education, boards of control and other bodies hav- ing authority, under the laws of this Commonwealth, to elect prhicipals and assistant teachers of public high and state normal schools of said Commonwealth, may elect principals and assistant teachers holding the grade of professional cer- tificates for two successive school terms, and those holding the grade of permanent certificates or diplomas issued by state normal schools of this Commonwealth for three successive school terms." It is claimed by the appellant that this does not relate to the election of teachers of ordinary public schools, inas- much as there is no comma between public and high. At the time the said act was passed, however, there was no authority to establish high schools within the townships of- the Commonwealth, that power having been conferred by the act of June 28, 1895 P. L. 413- I'he power to make the con- tracts for three years was based substantially upon the quali- fications of the teacher, and, if qualified to teach in a high or normal school and authority was given to make a contract for three years under such circumstances, it is difficult to see why the school directors of a township should not have the power to elect for a similar period for schools of a lower grade. In the publication of the school laws by the school department, it is proper to say that a comma appears after the word "public" without determining whether or not we have the power to read a comma into the act, it is, never- theless, apparent that it applies to schools below the grade of a high school which were then in existence in the several townships of the state. If the word " public " simply qual- ifies the word " high," it would have been simply conferring a power upon the school directors of the townships to elect teachers for schools which had no existence and no legal authority for existence at the time the act was passed. The contract, under which the plaintiff claims, having been, therefore, authorized by law and voted by the school directors substantially in compliance with the terms of law, and the plaintiff being admittedly qualified, we are of opin- ion that the contract of employment bound the township for the full term stipulated therein and that, having been 252 COMMON SCHOOL LAW deprived of the right to teach, in accordance with the terms of her employment, and having been unable as she testifies, to secure employment elsewhere, she had the right to recover in this action. '5 Permanent state teachers' certificates. To whom granted. 579. The state superintendent of public instruction be empowered to and shall grant, without examination, perma- nent state teachers' certificates to all applicants therefor, who are graduates of recognized literary or scientific colleges le- gally empowered to confer the degrees of Bachelor of Arts (B. A.),Masterof Arts(M. A.), Bachelor of Science (B. S.), Master of Science (M. S.) and Bachelor of Philosophy (Ph. B.), and , whose course of study embraces not less than four collegiate years : Provided, Said applicants are at least twenty-one years of age and have taught at least three full annual terms in the public schools of the Commonwealth : Provided further. That each applicant shall produce to the said state superintendent of public instruction a certificate from the school board or boards, countersigned by the county super- intendent of the same county where he or she last taught, showing that the said applicant is a person of good moral character ; has been successful as a teacher in the public schools during said term : And provided further, That said certificate sliall be granted by the state superintendent of public instruction, after having received satisfactory evi- dence from the said applicants that they have complied with the requirements of this act.'^ Forms of applications. Power of superintendent of public instruct tion to annul perrnanent state teachers' certificates. 580. The forms of application shall be submitted by applicants, and the certificates to be issued in accoidance with the provisions of this act shall be prescribed and deter- mined by the superintendent of public instruction, and he shall have authority to annul such certificates granted by himself or his predecessors in office, upon complaint duly 15. Burke vs. School District, 28 Pa. Superior Ct., 16, 1905. 16. Act May 10, 1893, Sec. i, P. L. 39. TEACHERS 253 proven, of incompetency, cruelty, negligence or immorality on the part of the holder thereof'' Granting of permanent state teachers' certificates to college graduates. 581. Attorney-General Hensel said : " I beg to acknowl- edge your oral request for a construction of and for advice upon the act of May 10, 1893, relative to the grant of per- manent certificates to graduates of certain literary institu- tions " legally empowered to confer " certain degrees, etc. The title of the act relates to graduates of "recognized literary and scientific colleges," but in the body of the statute these vague and indefinite terms are supplanted by words of exact and precise meaning. " Literary or scientific colleges" legally empowered to confer" the degrees specified in the act, in my opinion, com- prise only such as have the express "authority of law " to confer them. Such authority must be found either in the special statutes incorporating them or in the general corpo- ration laws enacted since 1873, providing a uniform system formation of corporations for " the support of any literary, medical or scientific undertaking, literary association, or the promotion of music, painting or other fine arts." " The powers of a corporation must be given in plain words or by necessary implication. All powers not given in this direct and unmistakable manner are withheld. A corporation can take nothing by construction." Common- wealth vs. E. & N. R. R. Co., 27 Pa. 339. " Before the Constitution of 1873 and the corporation act of 1874 were adopted, literary institutions, such as class- ical and scientific colleges, were chartered specially by the legislature, and they were invested with express power to confer degrees by the statutes erecting them into corpora- tions. So far as this power was ever delegated to the courts, its limitation was long ago made the subject of judicial con- struction. In the case of St. Mary's Church, 6 Serg. & Rawle, 505, Tilghman, C. J., said : " In this business of charters, the court acts under the grant of an extraordinary 17. Act May 10, 1893, Sec. 2, P. L. 39. 254 COMMON SCHOOL LAW power of a special nature, and is confined to the cases de- scribed in the acts of Assembly." In the case of the Medi- cal College of Philadelphia, 3 Wharton, 445, the Supreme Court refused to incorporate a medical college with power to grant degrees, no such privilege being conferred by the act of 1 79 1. These principles have controlled the courts since their enunciation and are recognized as the settled law. " In the Duquesne College Charter, 12 Pa. C. C. 491, the Alleghany county court held that the courts having power, by grant of the legislature, to charter colleges, had no power to invest them with the right of conferring degrees. Whether this power passes to and rests in an educational institution by necessary implication, is a mooted question, the right answer to which, it must be admitted, should de- pend somewhat on the kind of institution that claims the right. If there is a lack of legal authority at present to charter institutions of any kind with power to confer de- grees, the necessity is one that appeals for legislative rather than judicial action. Pending the consummation of it, the cause of literature and of scholarship is less likely to suffer from a paucity than from a redundancy of degrees. " For the purposes of your present inquiry, I advise you that you are not required to grant, without examination, permanent certificates under the act of 1893, except to grad- uates of colleges " legally empowered " to confer degrees, and the general incorporation of a literary institution under the act of 1874 does not " legally empower" it with the right." '^ Interstate comity. 582. For the purpose of establishing interstate comity in permaneut licenses to teach, the superintendent of public instruction of the state of Pennsylvania be, and he is hereby, authorized to endorse normal school diplomas and perma- nent certificates granted to teachers in other states in the Union : Provided, That such normal school diplomas or per- manent certificates are valid licenses to teach in the states by whose authorities they were issued : And provided fur- 18. Certificates to College Graduates, 14 Pa. C. C. 108, 1893. TEACHERS 255 ther, That such diplomas or certificates be accompanied by recommendations showing the holder to have taught suc- cessfully within two years, and such normal school diplomas and permanent certificates, when so endorsed, shall be availa- ble for like purpose, and have the same force and effect, as certificates of like grade, for like purpose, by the superinten- dent of public instruction of this Commonwealth,"^ Limitation of the provisions of the act. 583. The provisions of this act shall be extended only to those states which by legislative enactment grant the same privilege to teachers of this Commonwealth.^" Annulment. 584. The superintendent of public instruction shall have authority to annul such normal school diplomas and permanent certificates, endorsed and validated by himself or predecessors in office, upon complaint duly proven, of in- competence, cruelty, negligence or immorality on the part of the holder thereof.^' Duty of teacher to make monthly report. 585. It shall be the duty of every teacher to make out and file with the board of directors or controllers of the dis- trict, at the end of each month, a report, setting forth the whole number of pupils attending school during the month, designating whether male or female, the number of days each attended, the books used and branches taught ; and until such report shall have been made, it shall not be law- ful for the board of directors to pay said teacher for his or her services. The reports made in pursuance of the fore- going provisions shall be regularly filed by the secretary of the board of directors or controllers, and shall at all times be sul)ject to the inspection of any citizen of the district.^^ Power of school directors over teachers. 586. School directors shall have the appointment of all the teachers of common schools in the district, fix the 19. Act May 11, 1901, Sec. i, P. L,. 183. 20. Act May 11, 1901, Sec. 2, P. h. 183. 21. Act May 11, 1901, Sec. 3, P. L. 183. 22. Act May 8, 1854, Sec. 27, P. 1,. 617. / 256 COMMON SCHOOL LAW amount of teachers' salaries, and may dismiss them at any time for incompetency, cruelty, negligence or immorality.^^ When teachers' contracts are valid. 587. Mr. Justice Gordon said in part : " By the act of April II, 1862, teachers can only be selected by the school board, and so specific is this act upon this subject, that it requires the names of the members voting both in the af- firmative and negative, to be recorded upon the minutes. This statute is a valuable one, intended to. compel the ex- pression of each individual member of the school board on a subject all important in the public education, and this for the very purpose of preventing jobbery, and the exercise of a one-man power, in the conduct of common schools ; we are, therefore, not inclined to permit the abrogration of its force and efficiency by a weak construction designed to meet a particular case." ^^ In discussing the same statutory provision for the se- lection of teachers, Mr. Justice Sterrett said in Dyberry School District vs. Mercer, 115 Pa. 564: "They are wise and wholesome provisions intended to correct gross abuses which had gradually crept into the administration of our school system, and hence it is not requiring too much to insist on a substantial compliance with the spirit if not the very letter of the act." Substantial compliance. 588. The only instance in which a departure from the strict letter of the law has been allowed, are when the min- utes show that all the members were present: Tobin vs. Morgan, 70 Pa. 229; or where, less than the whole number being present, the minutes set forth their names Genesee Township vs. McDonald, 98 Pa. 444, and show in each case that the resolution passed unanimously. In the last- mentioned case the conclusion, that there was a substan- tial compliance with the law, was reached " after a good deal of hesitation." ^5 23. Act May 8, 1854, Sec. 23, P. L. 617. 24. Dennison Tov nVip vs. Padden, 89 Pa. 395, 1879. 25. Heisey vs .s/, 3 Pa. Superior Ct. 196, 1896. TEACHERS 257 President and secretary cannot make contract! 589. By the act of April 11, 1862, teachers can only be elected by the school board, and so specific is this act, upon this subject, that it requires the names of members voting, both in the affirmative and negative, to be recorded upon the minutes. This is the only manner in which teachers can be selected, and, from the very nature of things, this power cannot be delegated. This statute is a valuable one, intended to compel the expression of each individual member of the school board on a subject all-important in the public education, and this for the very purpose of preventing jobbery, and the exercise of a one-man power, in the conduct of our common schools; we are, therefore, not inclined to permit the abrogation of its force and efficiency by a weak construction designed to meet a particular case. Public officers cannot, by contract, or otherwise, make over to private persons, their functions or powers, for these are committed to them for the public welfare and not for private gain. As long as their contracts do not compromise the common good, or tend to defeat the purposes for which they are elected, they may be enforced, but when they pass this line they have no legal eflficacy.^^ Directors cannot elect teachers by secret ballot. 590. On June 20, 1896, Heisey was elected teacher by secret ballot, the contract was entered into between Heisey and the school board, duly signed by the president and countersigned by the secretary, providing for his employ- ment for the ensuing school term at $40.00 per month. On July 18, 1896, the school directors held another meet- ing and selected Wolfersberger to the same position who performed the duties as teacher for the said district. Heisey then filed his petition for a writ of alternative mandamus to compel the directors to reinstate him to the position to which he was elected; and upon a motion to quash. President Judge Rice said in part : 26. School District of Dennison Township vs. Padden, 89 Pa. 395, 1S79. 258 COMMON SCHOOL LAW "The act of April 11, 1862, P. L. 472 provides: " That no .... teacher shall be appointed or dismissed .... except by the affirmative votes of a majority of the whole number of the directors or controllers thereof; and the names of the members voting, both in the af- firmative and the negative, shall be so entered on the min- utes of the board by the secretar}'." The relator claims that he was elected or chosen a teacher by a majority, but admits that it was by a secret ballot and that the names of the members voting in the affirmative and the negative were not entered on the minutes. Where the directions of a statute are given with a view to the proper, orderly and prompt conduct of business merely, the provision may be regarded as directory. But where the fair interpretation of a statute, which directs acts or proceedings in a certain way, shows that the legislature intended compliance with such provision to be essential to the validity of the act or pro- ceeding, the statute must be regarded as mandatory. Of this latter nature is the statutory provision under consider- ation. It relates to a power conferred on the directors which concerns the public, and the method of exercising it is prescribed in order that the public may know whom to hold responsible for action which so deeply concerns them. To hold that it is merely directory, and that the board may at pleasure substitute a secret ballot, and thus make it impossible for the secretary to record the affirmative and negative votes, would defeat the manifest purpose for which it was enacted Here there was neither literal nor substantial compliance with the law. Indeed, where the election is, as it was in this case, by secret ballot, the sec- retary has no means of ascertaining how the members voted, and therefore it is impossible for him to comply with the law by recording the names of the members voting in the affirmative and negative. We are unable to agree with the relator that the failure of the directors to conduct the election and to have the result recorded, as provided by law, does not affect the validity of his appointment and his right to be inducted into the place to which he was chosen. It was incumbent on him to show an appointment to the place TEACHERS 259 by the board of directors in the manner prescribed by law. A contract of eniplojanent without such appointment, although executed in due form by the officers of the board, gave him no vested right to the position and to this extra- ordinary legal remedy for its enforcement." ^'' Duty of school directors, to record the vote in employing school teachers. 591. In Burke vs. School District, the district attacked the \alidity of the contract, employing a teacher for the term of three years on the ground that the minutes of the school board did not contain " the names of the members voting both in the affirmative and the negative upon the ques- tion of her election," the minutes showing that "all mem- bers answered to the roll call," and that the report of the teachers' committee was adopted, "all members voting in the affirmative." In delivering the opinion of the Superior Court, Beaver J. said : " By the 4th section of the act of April 11, 1862, P. L. 471, it is provided that, inter alia, ' No teacher shall be ap- pointed or dismissed, except by the affirmative votes of a majority of the whole number of the directors or controllers thereof, and, in each of said cases, the names of the mem- bers voting both in the affirmative and the negative, shall be entered on the minutes of the board by the secretary, etc. "This act of assembly has been construed many times, especially in Dennison School District vs. Padden, 89 Pa. 395, and in Dyberry School District vs. Mercer, 115 Pa, 559, In the latter case, it was said: "The refusal of the board to retain her as a teacher, after the expiration of the first four months, was not controverted ; but it was denied that she had ever been employed for the last three months. It was, therefore, incumbent on her to prove that she had been so employed ; and, for that purpose, testimony, con- sisting chiefl}^ of loose declarations of members of the school board, was introduced and submitted to the jury. It is un- 27. Heisey vs. Risser, 3 Pa. Superior Ct., 196, 1896. 26o COMMON SCHOOL LAW necessary to refer specially to the testimony on which she relied. There was nothing in the minutes of the school board to show that she had been duly appointed teacher for the three months in question." Later, Mr. Justice Ster- rett, who delivered the opinion of the court, said : " In the case last cited (Dennison School District vs. Padden) we held, that, in ihe selection of school teachers, the provisions of this act must be strictly complied with ; and we are not disposed to recede from that position. They are wise and wholesome provisions, intended to correct gross abuses which had gradually crept into the administration of our school system and hence it is not requiring too much to in- sist on a substantial compliance with the spirit, if not the very letter, of the act." "The objection here is not that the minutes of the school board do not show an employment nor that they do not show an affirmative vote by all the members of the board, but that the vote is not recorded by giving the names of those who voted in the affirmative and negative respectively." In the present case there were no negative votes. "All the members voted in the affirmative," all being present, as it affirmatively appears in the minutes that all answered to the roll call. Is this not a substantial compliance with the spirit of the act, though perhaps not with its very letter? We think it is. If there had been a division, it would have been necessary, in accordance with the terms of the act, to record the names of those who voted in the affirmative and of those who voted in the negative ; but, there being no division and the names of the members of the school board being known, the record that all the members voted in the affirmative was a sufficient minute upon which to base the employuient of the plaintiff, and, indeed, this has been prac- tically decided in Tobin vs. Morgan, 70 Pa. 229, in which Mr. Justice Sharswood, delivering the opinion, says : " The minutes state that all the members were present and the resolution imposing the tax was passed unanimously. The act evidently contemplated that the ayes and nays should be recorded only when there were members voting both in the affirmative and negative." See also Genesee Twp, TEACHERS 261 Scliool District vs. McDonald, 98 Pa. 444 ; Comth. ex rel. Heisey vs. Risser, 3 Pa. Superior Ct. igS.''^ School boards should not exclude women because of their sex. 592. Mr. Justice Williams said : " No woman should be excluded from any position she is competent to fill be- cause of her sex, and if we may judge from the figures be- fore us, showing the great majority of the teachers in Phila- delphia to be women, we should conclude that the board of education were of the same opinion. No woman qualified for supervising principal should be refused appointment be- cause of sex alone. In balancing the arguments for and against an appointment to a particular school, the board of education may, and they could not intelligently dispose of the question if they did not consider the sex and age of the pu- pils; the kind of treatment necessary to the enforcement of proper discipline ; the measure of physical strength ; the facili- ty and experience in the management of pupils on the part of each of the applicants ; and in so far as the sex of the applicant might seem likely to help, or to be in the way of success in the maintenance of the discipline necessary for the good of the school, it may be considered with the other qualifications, and help to determine the choice. Standing by itself it is neither a controlling qualification nor disqualification. It is a circum- stance that may be helpful with some pupils, or in schools of a particular grade, and not helpful with other pupils or in other schools. The question of eligibility is one thing. The selection among a class of eligibles is quite another. Sex ought not affect the first, it may help under some cir- cumstances to determine the last. The clause in the con- stitution, if applicable to this case, removes any barrier in the way of the selection of the plaintiff which her sex might otherwise have presented, so that she may apply for any office of control or management under the school laws, and be legally competent to hold it if appointed to it. It does not require that she shall be appointed if she becomes a can- didate."^9 28. Burke vs. School District, 28 Pa. Superior Ct. 16, 1905. 29. Sherry vs. Jenks, 154 Pa. 368, I.S93. 262 COMMON SCHOOL LAW Teachers of stenography and typewriting. 593. It shall be lawful for the board of school directors or school controllers in any common school district in tliis Commonwealth, to employ teachers of stenography and typewriting, without requiring the person employed for this purpose to have a teacher's certificate from the county, city or borough superintendent of public instruction as now re- quired by law ; but no such person shall be permitted to teach any other branch than those herein expressly named, and no such employment shall be permitted until it shall have been approved in writing by the county, city or borough superintendent, as the case may be, and shall have been sub- mitted to and approved in writing by the state superinten- dent of public instruction. 3° Right of patrons to petition for or against the appointment of a teacher. 594. Some of the patrons presented a remonstrance to the school board protesting the appointment of Jesse Lav- ery as teacher. The school board refused to elect him on account of the remonstrance, whereupon he instituted suit against all the signers of the petition for conspiracy. Mr. Justice Agnew said : "The paper signed by the defendants was a request to the school directors not to employ the plaintiff, under any circumstances, as a teacher in school No. 4 for the coming term. It preferred no charges and gave no reasons, and was a simple expression only of the wishes of the signers. It was the right of these citizens of the district thus to declare their desire. They had a right to express a preference or to declare their objection to any one applying for appointment. They were deeply interest- ed, and had therefore a right to speak out. But we cannot recognize the position to which the argument of the plain- tiffs in error leads, that such a right of expression can be made a channel through which men may gratify their mal- ice and enmity. This would be the actual result of the argument that the right of petition is so sacred that tlie private purposes and motives of the actors cannot be in- 30. Act June 23, 1897, Sec. i, P. L. 193. TEACHERS 263 quired into. If they cannot, and if the real purpose of the petition be the gratification of ill-will and malice without cause, then men may be borne down by the power of their enemies, especially in numbers and by combination, and their efforts in life to earn bread, and support those depend- ent on them, may be frustrated merely for the gratification of base and malevolent feelings. A groundless petition instigated only by malice cannot surely be the right of any citizen where it actually results in harm to the object of its malicions purpose." 3' Minimum salary of school teacher. 595. The minimum salary of school teachers, teaching in the public schools of this Commonwealth, shall be thirty- five dollars per month. ^^ It shall be the duty of the president and secretary of the school board, of each school district in this Common- wealth, to make report, under oath, to the superintendent of public instruction, that the requirements of this act have been fully complied with.-^^ Every school district of this Commonwealth failing to comply with the requirements of this act, shall forfeit its state appropriation for the whole time during which this act has been violated.^'* Dismissal of teacher for immorality. Accused entitled to be heard. 596. The board of trustees of a state normal school passed a resolution convicting the principal of immoral con- duct and dismissed him from office, without notice or hear- ing. The court held that the action of the trustees was ir- regular and unjust. A good character is a necessary part of the equipment of a teacher. Take this away, or blacken it, and the doors of professional employment are practically closed against him. Before this is done there should be at least a hearing, at which the accused may show that the things alleged are not true, or if true are susceptible of an 31. Vaiiarsdale vs. Laverty, 69 Pa. 103, 1871. 32. Act April 9, 1903, Sec. i, P. L,. 162. 33. Act April 9, 1903, Sec. 2, P. L. 162. 34. Act April 9, 1903, Sec. 3, P. L. 162. 264 COMMON SCHOOL LAW explanation consistent witli good morals and his own pro- fessional fidelity. 35 Dismissal of teacher for incompetency. 597. After a visitation of A's school, the school board de- cided that the recitations were poor, deportment bad, scholars lifeless and indifferent in stndies, and that the teacher dis- played inability to get up any enthusiasm in studies what- ever, and that he had no discipline. At the regular meeting of the board, it was decided to dismiss him for incompetency, which was regularly entered upon the minutes. The teacher instituted suit for the aniout of salary due, but the court held on the trial that unless he could prove that the members of the board acted corruptly or in bad faith, or that they were guilty of any clear abuse of their powers, lie could not recover. 36 Dismissal of teacher for refusing to be vaccinated. 598. Judge Arnold said : " As school directors may, in the exercise of a sound discretion, exclude from the public schools pupils who have not been vaccinated, as was decided by the Supreme Court in the case of Duffield vs. The Williamsport School District, 162 Pa. 476 (1894), so may they exclude teachers and other employees for the same reason. The protection which vac- cination is believed to afford must be reciprocal ; teachers and pupils are alike entitled to protection against contagious disease. Whether vaccination is a preventive of small-pox this court has no power to investigate and decide. The leg- islature has authorized, and the Supreme Court has sustain- ed regulations requiring vaccination, and therefore a court of the first instance is prohibited from inquiring into the efficacy of vaccination as a preventive of small-pox : Field vs. Robinson, 198 Pa. 638 (1901). The opinion of the plain- tiff that vaccination is not a preventive, and that it would be dangerous to her health, is not a sufficient reason to exempt her from obedience to the order of the board of education requiring vaccination. Hence the offer of the plaintiff to 35. Normal School vs. Cooper, 150 Pa. 78, 1S92. 36. McCrea vs. School District, 145 Pa. 550, 1891. TEACHERS 265 show that she considered it dangerous to her health was ir- relevant and immaterial, and was properly rejected. "Tlie plaintiff having refused to obey the order of the board of education to produce a certificate of successful vac- cination within the last five years, the chairman of the girls' high school had full authority to suspend her and report his action to the committee for ratification, which has been done. In all cases of this kind requiring prompt action, authority to act in the first instance resides in the chairman or other visiting member of the committee, subject to the approval or disapproval of the whole committee. " The contention of the plaintiff that she cannot be suspended except for incompetency, cruelty, negligence or immorality, under the act of May 8, 1854, P. L. 622, if that were the only act bearing on the subject, is not sustainable. Under the act of March 3, 1818, 7 Sm. Laws 53, which, by section 50 of the act of 1854, was declared to be concurrent with the provisions of that act, the board of public educa- tion of the first school district has the general superintend- ence over all the schools established under and by virtue of that act in the said district, and may make such rules and regulations for their own government and for the general regulations of the district as may be deemed necessary for carrying the act into complete effect. Even if the act of 1854 were the only statute on the subject, we have no hesi- tation in saying that disobedience of the reasonable orders of the board of education is an act of negligence. There are, however, other causes for which a teacher may be suspended or dismissed. Thus, incurable disease, loss of reason or hear- ing or sight or limbs may result in the loss of employment by a teacher, yet it is not necessary that these causes should be written in the laws or rules of the school. The law appli- cable to cases of this kind is the ordiiiary law of master and servant. If the servant disobeys the reasonable orders of his emplo}er, he may be suspended or discharged. In the pres- ent case the plaintiff is '' too self-opinionated," as has been said in the books : See Wood on Master and Servant, 116 ; Cassidy vs. Janauschek, 17 Pliila., 325. She has set up her own opinion against that of the board of education. She 266 COMMON SCHOOL LAW has refused to comply with a lawful regulation of the board. Therefore, she is subject to suspension and dismissal." ^^ Teachers may be dismissed for insubordination and disobedience. 599. Chief Justice Lowrie said : "A schoolmaster was dismissed by the board of school directors for gross insubor- dination and disobedience ; and this seems to have given rise to a partisan division in the township and in the board, and two annual township elections turned upon it. This is very much to be deplored. The encouragement and promo- tion of official disobedience is a very bad way of correcting the errors of superior officers. How can the people expect good instruction for their children from an insubordinate teacher, perhaps himself the leader of the strife that grew out of this disrespect of the school directors ? How can they expect good men to be directors, when their very per- formance of their duty is made the ground of a general neighborhood quarrel ? How can they expect their children to grow up into orderly citizens, when teachers, schoolmas- ters, and people, refuse to respect the law? No doubt, so bad an example as this may do good to others, by being a warning to them ; but surely a good example would have been better for all. A school system under popular control will be no blessing to us, if it be so conducted as to beget among the people habits of disregard for their own law. Society is worthless if it has no abiding rule of order."^^ Liability of school directors for the dismissal of a teacher. 600. School directors, acting within the scope of their authority in the dismissal of teachers, are not answerable in damages for the consequences of their acts, unless done ma- liciously and with an intent to injure.^? The action of the board, if it be properly entered upon the minutes in the form and manner required by the statute in the case of a dismissal, is conclusive, unless the board 37. Lyiidall vs. Board of Education, 10 D. R. 665, 1901. 38. The Township of Dickinson vs. Linn, 36 Pa. 431, 1S60. 39. Burton vs. F'ulton, 49 Pa. 151, 1865. TEACHERS 267 can be shown to have acted corruptly or in ha.d faith, or to have clearly abused their powers."*" Power of school board to pass upon the charge of cruelty of a teacher. 601. A was employed by the school district to teach in Byerly School House No 4, for a term of seven months, beginning in September, 1887, at a salary of $40 per month. He performed the duties of a teacher at said school house from September 12, 1887, to Decemljer 19, 1887, when he was dismissed and ousted from his school by the board of directors for having inflicted cruel and severe punishment on B, a pupil in the school taught by him. The dismissal was not ordered until after the investi- gation convinced the directors that the teaclier was guilty of cruelty. A brought suit against the district for salary as teacher for the unexpired term. In reviewing the case, Mr. Justice Clark said, in part : " The board of school directors had the power to dis- miss this teacher for incompetency, cruelty, negligence, or immorality. This power is expressly given in paragraph V., section 23, Act of May 8, 1854, P. L. 622, and was reserved in the contract. "As a deliberative body, a board of school directors is entrusted with the government of the schools, and by the statute is empowered both to employ teachers, and for the causes stated to dismiss them. The board, therefore, had jurisdiction, under the statute, to pass upon any charge of this character, and in its determination was held merely to the exercise of good faith, and was answerable only for an abuse of its powers. By the mere fact of his employment as a teacher, the plaintiff submitted himself to the jurisdic- tion of tlie board in respect of the matters mentioned in the statute, and the action of the board, if it be entered upon the minutes in the form required by the statute, is conclu- sive. But the action of the board in effectino- the dismissal 40. Whitehead vs. School District, 145 Pa. 418, 1891. Custer vs. School District, 12 Pa. vSuperior Ct. 102, 1899. McCrea vs School District, 145 Pa. 550, 1891. 268 COMMON SCHOOL LAW of a teacher must be set forth upon the minutes, as required by the statute. The minutes are, therefore, the best evi- dence of the teacher's dismissal, and are conchisive, unless the board may be shown to have acted corruptly or in bad faith, and to have clearly abused its powers.""*' Teachers have the right to use corporal punishment. 602. This is an application for the discharg^e of the de- fendants, who are teachers in one of our public schools, who are accused with an assault and battery by the unreasonable correction of one of their pupils. And the simple question for decision is, whether from the facts disclosed, they have been guilty of a violation of the law. In this city and county, where we are annually expend- ing nearly $350,000.00 for the purpose of common school education, where our schools number more than 50,000 children, with the appropriate number of teachers for their instruction, it is important that the law as to the rights of each, should be correctly understood; and as it is feared it is not, a few moments will be occupied in giving what I conceive to be the settled principles of the common law upon this subject. The right of a parent to correct his minor child is understood. It is one of the first rules in our domestic re- lations ; and yet it is equally clear that the parent may be held responsible for the cruel or barbarous treatment of his child. The school teacher, while a child is placed by the parent or guardian in school, or under charge of the teacher, is in loco parentis^ and can exercise the same authority as the parent, and is responsible in the same manner, and the rules of law which are applicable to the parental control, are also to be applied to the school teacher. An able and accomplished American law writer, has now given us a plain and intelligent rule, which I will quote at length. When writing upon this subject, he says : " The parent has a right to govern his minor child, and as incident to this, he must have power to correct him. The maxim is, that he has power to chastise him mod- 41. Whitehead vs. School District, 145 Pa. 418, 1891. TEACHERS 269 ei-ately. The exercise of this power must be, in a great measure, discretionary. He may so chastise his child as to be liable in an action by the child against him for batter)-. The child has rights which the law will protect against the brutality of a barbarous parent. I apprehend, however, it is a point of some difficulty to determine, with exact pre- cision, when a parent has exceeded the bounds of modera- tion. That correction which will be considered by some triers as unreasonable, will be viewed by others as perfect- ly reasonable. What may be considered by some as venial folly, to which none or very little correction ought to be applied, by others will be considered as an offence that re- quires very severe treatment. The parent is bound to cor- rect a child so as to prevent him from becoming the victim of vicious habits, and thereby proving a nuisance to the community. The true ground on which this ought to be placed, 1 apprehend is, that the parent ought to be consid- ered as acting in a judicial capacity when he corrects, and, of course, not liable for errors of opinion. And although the punishment should appear to the triers to be unreason- ably severe, and in no measure proportioned to the offence, yet if it should also appear that the parent acted conscien- tiously and from motives of duty, no verdict ought to be found against him. " But when the punishment is, in their opinion, thus unreasonable, and it appears that the parent acted vialo an- imo^ from wicked motives, uuder the influence of an unso- cial heart, he ought to be liable to damages. For error of opinion he ought to be excused, but for malice of heart he must not be shielded from the just claims of the child. Whether there was malice may be collected from the cir- cumstances attending the punishment. The instrument used, the time when, the place where, the temper of heart exhibited at the time, may all unite in demonstrating what the motives which influenced the parent. These observa- tions are equally applicable to the case of a school master, or to any one who acts in loco parentis." Reves' Domestic Relations 288 ; i Blackstone's. Com. 58. To the doctrine here laid down we entirely assent, for 270 COMMON SCHOOL LAW it is unquestionably the law, based upon the soundest prin- ciples which control civil society. To render a parent liable to prosecution by his minor child, he must be governed by motives of malice or wicked- ness. For a mere error of judgment, influenced, perhaps, by fond parental love for the future posterity and the hap- piness of his child, he cannot be held legally liable. The law does not permit a court to invade the sanctuary of the domestic circle and usurp the parental authority in every family, because we think the punishment is severe. It is only when, from the surrounding facts and circumstances of the case there is strong reason to believe that the parent has been actuated by bad and malevolent motives, using his legal parental authority for the gratification of a mind bent on mischief, that the law has given the court the right to interpose for the safety and protection of the child. Such is the rule relative to the school teacher, whom the parent, for the time being, had placed in his stead. Let us, then, apply the rule to the facts of the present case. What is there in this case which shows a wicked mo- tive or malice on the part of the teacher ? Is there anything which show^s even passion or temper ? The child has played truant. It was arrested by the parent and sent with an elder sister to school ; when brought to the door of the school room, she refuses to go in ; began to show great violence of temper and rebellion ,- an assistant teacher tries to soothe the child, and uses persuasion to in- duce her to enter the school room. The elder sister com- municates the request of the mother that the child be taken to school. The principal teacher then comes and takes the child into the school room, when the spirit of rebellion continues, manifested by screaming and jumping. The teacher talks to the child, urges obedience in mildness, then commands it, and finally threatens cha.stisement ; but all this to no purpose. Then it is she flogs the child with a small rattan. After a few blows she stops, reasons with the child, but exacts obedience, and still uses persuasion. The child is still obstinate, and further chastisement is inflicted, till finally the obstinate and rebellious spirit is conquered. TEACHERS 27 1 " What is there in this which shows malice or cruelty on the part of the teacher? What is there in the language of the law which shows a " wicked motive ?" I can see noth- ing. The teacher required obedience to the rules of the school and it was refused. That punishment is used which she thinks is best calculated to produce submission, and in the manner and form common in all schools. This author- ity the law has delegated to her, and for the exercise of it, although we might differ in opinion as to the manner in which it was done, at least the court will not punish for or correct an error of judgment. But from the facts disclosed I do not think there was even an error in that particular. She entered upon the performance of her duty with moder- ation and firmness, as well as a determination to produce submission, which she pursued until it was accomplished by the best means her judgment dictated. In this we think she was right. Had she done less, the directors of the school might with propriety have thought she was culpable ; and for these things the law does not hold her responsible. But it has been said there were marks of violence on the child the next day, caused by blows from the rattan. But this is but a slight circumstance to show the motive. It is much greater evidence of the obstinacy and persever- ance of the child. The instrument employed was a small smooth rattan, certainly a moderation in the instrument used in these days of improvement in education, and in most that is useful or which adds to the comfort of man. For many of us can well recollect when the birch or hickorv stick, with some rather sharp knots thereon, was the instru- ment of flagellation, and our parents did not complain. To hold that under such circumstances, a teacher shall be liable to a criminal prosecution, would be subversive of all government and order in our schools. Without a firm, controlling power is exercised by school teachers, in exact- ing obedience, submission, united with quiet and good or- der in their schools, the public money is worse than wasted. Obedience to parental authority should be taught in the family, and must be maintained in our schools, or we sliall have no obedience to the laws of our government. To the 2/2 COMMON SCHOOL LAW want of the proper exercise of strict parental control among a large class of citizens, may be traced in a great degree, the spirit of insubordination, disobedience of law, and the outrage upon the rights of others, that are so frequent among us. Much may be hoped from the influence of our public schools, if the teachers are faithful in teaching and exacting obedience from all under their charge. The character and interest of the teacher, combined with the refinement wdiich education gives to the human mind in softening the heart, like paternal love, is generally found a sufficient protection for the children. But if these fail, the law affords ample protection against cruelty and oppression, while it is a shield to those who, in their sphere, have, as in this case, only done their duty. For the reasons given, we order the defendant to be discharged.'*^ Government of schools. Corporal punishment. 603. A, a school teacher, the defendant stands charged in the bill of indictment with the offence of assault and bat- tery. An assault is an attempt or offer to beat another with- out touching him. A battery is defined in law to be the unlawful beating of another. It is conceded that the teacher took this boy by the coat or collar and made an effort to take him out of his seat for misbehavior as a pupil in the school. Under ordinary circumstances this would be a battery, but by reason of the fact that A was a teacher in a public school in Marysville, he had a right not only to place his hands upon his pupils, but to punish them in case of an infraction of the rules. This punishment that the law allows a teacher to inflict upon his pupils is a reasonable punishment. It must not be cruel or oppressive and the inquiry to which your atten- tion is directed is, what does reasonable punishment mean ? There must be subordination in the school room. The teacher must be master. In order to control the school he is justified in using as much force as is necessary to subdue re- 42. Commonwealth vs. Br3-ant, 5 Clark 78, 1873. TEACHERS 273 fractory pupils and enforce all such rules and requirements as he may see fit to adopt for the government and conduct of the school. I do not mean brutal or cruel force, but such force as is commonly used in schools to compel the obedience of pupils. Having the right to punish to secure . obedience he is not required to weigh the strokes he inflicts upon a refractory pupil in apothecary scales. He may only inflict such punishment as is necessary to attain the end in view, to wit: The subduing of the pupil who is refractory as well as to deter disorderly and lawless members of the school. The teacher may not inflict punishment malic- iously, that is, out of spite, hatred or ill will, nor out of a mere desire to inflict pain in order to humiliate a pupil, but his right to inflict punishment to secure obedience is unques- tionable. It is unquestionable in this case that the boy was mis- behaving when the teacher went to him. Others may have misbehaved at the same time and place, but the fact that they were not punished by the teacher is no reason why this boy should not be punished. If an example was made of one boy the effect of that example would probably be to de- ter others from the like misconduct. Evidence has been offered to show that this boy resisted the teacher by grasping the desk when the teacher tried to take him from it. It was the duty of the teacher to enforce obedience and subdue the boy. If iii the course of his re- sistance to the teacher this boy received an abrasion on his elbow and lumps on his head, and ev^en a black eye, he might have avoided these injuries by a compliance with the teacher's demands. But when a teacher takes charge of a school contain- ing boys of that age, it is his duty to bring them up, as nearly as he can, to the standard which they themselves know — to that standard expressed by the boy, that they should study and behave themselves. And in order to secure the attention of pupils to their studies and to secure good behavior in the school it becomes the duty of the teacher to inflict such punishment as is necessary to accom- plish these ends. Teachers must secure good behavior in 274 COMMON SCHOOL LAW the schools, otherwise our whole common school system is a failure and the vast sum of money, that the American people so cheerfully pay for the education of their youth, will be wasted. For this reason I say to you that it is the duty of the jury to sustain a teacher in all proper efforts to attain the object for which' he is employed. I can conceive how two courses are open to a teacher. He can, if he pleases, avoid friction, in his school by allow- ing the pupils to do as they please and draw his pay and go away contented. The conscientious teacher will not do this, but he will attempt to bring his school up to the stand- ard that is expected of him. He will attempt to secure good order in the school and attention to the studies in which the pupils are engaged. That is his duty, and a teacher who attempts or tries to perform that duty deserves not only the commendation of the patrons of the school and parents of the children, but the support of a traverse jury in case he is wrongfully accused of undue severity in the punishment of a pupil. Therefore, unless this teacher acted maliciously or punished the boy with cruelty or from wicked motives he should be acquitted. If, however, you believe that he acted maliciously toward this boy, or he punished him with cruelty or from wicked motives, then you can convict him.« Offences out of school. 604. The jurisdiction and authority of the teacher over the pupil are neither limited by the school house walls, nor to the time the school is actually in session. As a general rule, in all matters legitimately connected with the schools and the manners and morals of the scholars, the teacher's jurisdiction, conjointly with that of the parent, commences when the pupils leave the parents' roof and control to go to school, and continue until their return from school. The teacher, however, is not responsible for the misconduct of pupils on the way to and from school, though he has the right to punish for such misconduct, when brought to his knowledge.''^ 43. Commonwealth vs. Ebert, 3 Pa. J. L. Rep. 252, 1901. 44. School Laws and Decisions, page 153, 1903. TEACHERS 275 Quo warranto. 605. Right to office of school teacher must be settled by quo warranto, not by mandamus/^ 45. Commonwealth vs. Risser, 3 Pa. Superior Ct. 196, 1S96. CHAPTER XXIV. SECTARIANISM. PAGE 606. Appearances of sectarianism 276 607. Wearing of any religious dress or emblem prohibited 276 608. Penalties for violation of provisions of this act 276 609. Use of school houses 277 610. Reading of the Holy Scriptures is not sectarian instruction 277 Appearances of sectarianism. 606. Whereas, It is important that all appearances of sectarianism should be avoided in the administration of the public schools of this Commonwealth.' Wearing of any religious dress or emblem prohibited. 607. No teacher in any public school of this Common- wealth shall wear in said school or whilst engaged in the performance of his or her duty as such teacher any dress, mark, emblem or insignia indicating the fact that such teacher is a member or adherent of any religious order, sect or denomination.^ Penalties for violation of provisions of this act. 608. In case of violation of the provisions of the first section of this act by any teacher employed in any of the public schools of this Commonwealth, notice of which having been previously given to the school board employing such teacher that it shall be the duty of such school board to permanently suspend such teacher for employment in such school for the term of one year, and in case of a sec- ond offense by \\ie same teacher it shall be the duty of said school board to permanently disqualify such teacher from teaching in said school, and any public school director failing to comply with the provisions of this act shall be guilty of a misdemeanor and shall be punishable, upon con- viction of the first offence, by a fine not exceeding one hun- dred dollars, and in case of a second conviction or the vio- lation of the provisions of this act, the offending school di- rector shall be punished by a fine not exceeding one hun- dred dollars and shall be deprived of his or her office as a 1. Preamble Act June 27, 1895, P. L. 395. 2. Act June 27, 1S95, Sec. 1, P. L,. 395. SECTARIANISM 277 public scliool director. A person thus twice convicted shall not be eligible to appointment or election as a director of any pnblic school in this state within the period of five years from the date of his or her second conviction-^ Use of school houses. 609. It shall be lawful for school boards to grant the use of school houses for lyceum and other literary purposes, non-sectarian, in their respective school districts.* Reading of Holy Scriptures is not sectarian instruction. 610. Judge Edwards said : It is worthy of comment and reflects creditably upon the good sense of th-e people of Pennsylvania that, although our common school system has been in existence for many years, and that, as a general rule, in a large number of school districts throuo-hont the state, portions of the Holy Scriptures have been read as a part of the daily opening exercises, nobody up to this time bas taken such interest in the question as to secure a de- cision upon it from our court of last resort. Neither have the courts of common pleas been called upon to decide the question, as far as we can ascertain, except in one instance viz., in Mercer County^ in the case of Hart et al. vs. The School District, &c., 2 Lane. Law Rev. 346, in which the judge writes an elaborate opinion, his views coinciding with ours. Nevertheless, a case of this kind is interesting and im- portant, especially as a study of the principles of govern- ment so far as they relate to the individual rights of citi- zens. The questions involved have produced a wide variance of opinions among learned men. Eminent judges and appellate courts have reached different conclusions ; the resources of ripe scholarship, with the keenest logic and the most elaborate research, have been displayed and used in the elucidation of these questions, The sections of the constitution which the plaintiff claims are being violated by the reading of the Bible in the public schools are the following ; 3. Act June 27, 1S95, Sec. 2, P. L,. 395. 4. Act April II, 1 901, P. L,. 78. 278 COMMON SCHOOL LAW Article I., Sec. 3. — All men have a natural and inde- feasible right to worship Almighty God according to the dictates of their own consciences ; no man can of right be compelled to attend, erect or support any place of worship or to maintain any ministry against his consent ; no hu- man authority can in any case whatever control or inter- fere with the rights of conscience ; and no preference shall ever be given by law to any religious establishments or modes of worship. Article X., Sec. 2. — No money raised for the support of the public schools of the Commonwealth shall be appro- priated to or used for the support of any sectarian school. The objections may be thus briefly stated: (i) the read- ing of the Bible in the public schools is in violation of the rights of conscience ; (2) it involves compulsory support of a place of worship ; and (3) it is sectarian instruction. We shall only incidentally discuss the first and second objections. The first was not strenuously urged upon us, by counsel, although we deem it worthy of great consideration ; and the second is untenable on any reasonable ground. The third is the objection which is the subject of the most serious contention. We shall not consider these objections seriatim, but shall briefly state some of the general princi- ples which underlie and ought to control the decision of the question before us in the light of Pennsylvania jurispru- dence. It must be considered that Christianity, which is the religion of the Bible, and the Bible itself, occupy a unique position in the earh- and subsequent histor}^ of Pennsylva- nia, lu the year 1700 it was enacted that "Whoever shall speak loosely thereof and profanely of Almighty God, Christ Jesus, the Holy Spirit, or Scriptures of Truth, and is thereof legally convicted, shall forfeit and pay five pounds and be imprisoned for five days in the house of correction." This law in substance is in force to-day. When a case involving the application of this law was before the Supreme Court in 1824, Updegraph vs. Com. 11 S. & R. 393, it was then declared that Christianity is part of the common law of Pennsylvania, and that to maliciously vilify SECTARIANISM 2/9 the Christian religion is an indictable offence. Justice Dun- can says : " Christianity was one of the considerations of the royal charter and the very basis of its great founder, Will- iam Penn; not Christianity founded on any particular ten- ets ; nor Christianity with an established church and tithes and spiritual courts, but Christianity with liberty of con- science to all men. William Penn and Lord Baltimore were the first legislators who passed laws in favor of liberty of conscience, for before that period, the principle of liberty of conscience appeared in the laws of no people, the axioms of no government, the institutes of no society, and scarcely in the temper of any man. Even the reformers were as furious against contumacious errors as they were loud in asserting the liberty of conscience. And to the wilds of America, peopled by a stock cut off by persecution from a Christian society, does Christianity owe true freedom of re- ligious opinion and religious worship .... Christianity is part of the common law of this state. It is not proclaimed by the commanding voice of any human superior, but ex- pressed in the calm and mild accents of customary law. Its foundations are broad and strong and deep; they are laid in the authority, the interest, the affection of the people." This broad declaration has been modified in subsequent cases. We shall only refer to a few of them. In Harvey vs. Boies 1829, I P- & W. 12, Justice Gibson uses this language : "Christianity has been indefinitely said to be a part of the law of the land. The law undoubtedly avails itself of the obligations of Christianity as instruments to accomplish the purposes of justice Christianity is indeed, recognized as tlie predominant religion of the country, and for that reason are not only its institutions, but the feelings of its professors, guarded against insult from reviling or scoffing at its doctrines ; so far it is the subject of special favor. But further the law does not protect it." Again in Mohney vs. Cook 1855, 26 Pa. 342, Justice Lowrie says : " The declaration that Christianity is part of the law of the land, is a summary description of an existing and very obvious condition of our institutions. We are a Christian people, in so far as we have entered into the spirit 28o COMMON SCHOOL LAW of Christian institutions and become imbued with the sen- timents and principles of Christianity ; and we cannot be imbued with them and yet prevent them from entering into and influencing^ more or less, all our social institutions, customs and relations, as well as all our individual modes of thinking and acting. It is involved in our social nature^ that even those among us who reject Christianity, cannot possibly get clear of its influence or reject those sentiments, customs and principles which it has spread among the people, so that, like the air we breathe, they have become the common stock of the whole country and essential elements of its life. It is perfectly natural, therefore, that a Christian people should have laws to protect their day of rest from desecra- tion. Regarding it as a day necessarily and divinely set apart for rest from worldly enjoyments and for the enjoyment of spiritual privileges, it is simply absurd to suppose that they would leave it without any legislative protection from the disorderly and the immoral." Also, in Zeisweiss vs. James 1870, 63 Pa. 465, Justice Sharswood says, " It is in entire consistency with this sacred guarantee of the rights of conscience and religious liberty, to hold that, even if Christianity is no part of the law of the land, it is the popular religion of the country, an insult to which would be indictable as directly tending to disturb the public peace. The laws and institutions of this state are built on the foundation of reverence for Christian- ity. To this extent, at least, it must certainly be consid- ered as well settled that the religion revealed in the Bible is not to be openly reviled, ridiculed or blasphemed, to the annoyance of sincere believers who compose the great mass of people of the Commonwealth." There are numerous other cases along the same line which could be cited. However far one case may modify the other, they all recognize the one general underlying principle that " the laws and institutions of this state are built on the foundation of reverence for Christianity." Other illustrations of this principle are furnished by cus- toms, laws and decisions relating to other matters, such as the opening of the state legislatures and congress with SECTARIANISM 28 1 prayer; the custom, not now compulsory, of swearing by the Holy Book ; the recognition of the Christian Sabbath to the exclusion of any other; the prohibition of worldly labor on the Christian Sabbath ; the refusal of courts to ex- cuse jurors and parties from attendance on days by them con- sidered sacred ; the making of Good Friday a legal holiday ; the exemption of church property from taxation ; the various forms of oaths administered in courts, and many other such instances of the recognition of Christianity in our jurispru- dence which do not now occur to us. And in a state where Christianity seems to pervade its laws, customs, and institu- tions, to such a universal extent, can it be said for a mo- ment, that the reading of the Bible in the public schools, without comment, is sectarian instruction, or that such an act violates the rights of conscience or is in derogation of any constitutional principle ? We decidedly think not. We do not understand how the reading of the Bible in the public schools can be termed sectarian instruction. The Bible is not a sectarian book. On its broad foundation Christianity rests. Without it there is no Christianity. This proposition is recognized by every division of Chris- tendom throughout the whole world. It is not the book of any sect. Our attention is called to the fact that there are two versions of tlie Holy Scriptures, the Douay and the King James version, and that they differ in many partic- ulars. The study of these differences is interesting to the theologian and the Bible scholar. We have noted over fifty points of difference, some minor and some important, but they do not concern us. The Bible in either version is substantially and essentially the same book. The following definition of the word sect, taken from the Standard Dic- tionary is as good as any we have seen: ''A body of persons distinguished by peculiarities of faith and practice from other bodies adhering to the same general system. Spe- cifically, the adherents collectively of a particular creed or confession; a denomination; communion; as the Presby- terian sect ; the various sects of Jews, Mohammedans or Christians." 283 COMMON SCHOOL LAW The assertion that the Bible, in either version, is a sec- tarian book, borders on sacrilege, and this phase of the ques- tion deserves no further consideration at our hands. But so far as the constitutional provision in Pennsyl- vania on this branch of the case is concerned, it differs ma- terially from the provision in the Wisconsin constitution ; the Wisconsin case being practically the sole authority re- ferred to by the counsel for plaintiff. Section 3 of Article X. of the Wisconsin constitution, is as follows : "The legislature shall provide by law for the establish- ment of district schools and no sectarian instruction shall be allowed therein." The provision in the Pennsylvania constitution de- clares that no money shall be appropriated to or used for the support of any sectarian school. The term " sectarian schools," in Pennsylvania, has a definite meaning. The history and development of the educational system, as well as the policy of the state, has fixed this meaning so that there is no doubt about it, A sectarian school is a school controlled by a particular denomination or sect. To such a school there can be no appropriation of public money by the state. iVnd yet it is seriously argued that the reading of the Bible, without comment, at the public school in Waverly, as a part of the opening exercises, is in violation of this provision of the constitution of Pennsylvania. The mere statement of this proposition emphasizes its absurdity. But we do not base our conclusion upon this contention. We go further, and say that the reading of the Bible, as aforesaid, would not be sectarian instruction under the clause in the Wisconsin constitution. The reading of the Bible in the public schools may also be allowed, and even commended, from a standpoint which does not involve the question of sectarian instruction nor the rights of conscience. It is conceded by men of all creeds that the Bible teaches the highest morality. In this con- nection we cannot do better than quote the language of Justice Story, in the celebrated Girard Will Case, 2 How- ard, U. S. 127 : " Why may not the Bible, and especially the New Testament, without note or comment, be read and SECTARIANISM 383 taught as a divine revelation in the college — its general pre- cepts expounded, its evidence explained, and its glorious principles of morality inculcated ? What is there to pre- vent a work, not sectarian, upon the general evidences of Christianity, from being read and taught in the college by lay teachers ? Certainly there is nothing in the will that prescribes such studies. Above all, the testator positively enjoins ' that all the instructors and teachers in the college shall take pains to instill into the minds of the scholars the purest principles of morality, so that on their entrance into active life they may, from inclination and habit, evince be- nevolence towards their fellow creatures, and a love of truth, sobriety and industry, adopting at the same time such religious tenets as their matured reason may enable them to prefer.' Now, it may well be asked, what is there in all this inconsistent with the spirit or truth of Christian- ity ? Are not these truths all taught by Christianity, although it teaches much more ? Where can the purest principles of morality be learned so clearly or so perfectly as from the New Testament ? Where are benevolence, the love of truth, sobriety and industry so powerfully and irre- sistibly inculcated as in the sacred volume ?" The principle underlying tliese words of so great a jurist as Justice Story is applicable to our public schools. Apart from religious instruction, it must be admitted that sound morality is one of the foundations of good character. An education which does not involve the inculcation of moral principles is incomplete. And why cannot the com- mon precepts of morality be taught by the reading of the Bible better than in any other way ? It is instructive in this connection to examine the opinion in the Wisconsin case, 76 Wis. 177. Although against the reading of the Bible in the public schools, the • judge who writes the opinion admits the position we have taken in these words: " It should be observed, in this con- nection, that the above views do not, as counsel seemed to think they may, banish from the district schools such text- books as are founded upon the fundamental teachings of the Bible, or which contain extracts therefrom. Such 284 ■ COMMON SCHOOL LAW teachings and extracts pervade and ornament our secular literature, and are important elements in its value and use- fulness. Such text-books are in the schools for secular in- struction, and rightly so ; and the constitutional prohibi- tion of sectarian instruction does not include them, even though they ma}^ contain passages from which some infer- ences of sectarian doctrine might possibly be drawn. Fur- thermore there is much in the Bible which cannot justly be characterized as sectarian. There can be no valid objection to the use of such matter in the secular instructions of the pupils. Much of it has great historical and literary value, which may be thus utilized without violating the constitu- tional prohibition. It may also be used to inculcate good morals — that is, our duties to each other — which may and ought to be inculcated by the district schools. No more complete code of morals exists than is contained in the New Testament, which reaffirms and emphasizes the moral obligations laid down in the Ten Commandments. Con- cerning the fundamental principles of moral ethics, the re- ligious sects do not disagree." As to the weight of authority in America there is no question. The only decision directly holding the practice of reading the Bible in the public schools to be unconstitu- tional is the Wisconsin case already referred to. The Amer- ican Encyclopedia of Law, Vol. 21, page 775, says : "The practice of opening school exercises by reading from the Scriptures has been attacked as sectarianism. Generally, however, the constitutionality of the practice has been up- held." In Maine, it was held in Donahoe vs. Richards, 38 Me. 379, that a requirement by the superintending com- mittee that the King James version of the Bible should be read in the public schools was in violation of no constitu- tional provision and binding upon all members of the school, though composed of divers religious sects. In Mas- sachusetts it was decided in Spiller vs. Woburn, 12 Allen, 127, that the committee might require the schools to be opened each morning with reading from the Bible and with prayer. In Illinois and Nevada a similar view was taken. In Iowa, Moore vs. Monroe 64 Iowa, 367, it was held that SECTARIANISM 285 a statute providing that the Bible should not be excluded from the schools was constitutional. But the court left the use of the Bible in the school to the option of the teachers, restricted only by the provision that no pupil should be requir- ed to read it contrary to the wishes of his parents or guar- dians. In Ohio, in a case that was argued in the court be-, low with more learning and more elaborately than any case on the same question in any other forum (Board of Educa- tion vs. Minor, 23 Ohio 2ii), the higher court refused to decide the constitutionality of the rule requiring the Bible to be read in the schools, lodging the decision of the ques- tion in the board of education, to whom the legislature had committed the exclusive management of the schools. Thus it will be seen that if the question before us is to be de- cided by the weight of authority, as expressed in the de- cision of the various states, there being only one common pleas case in Pennsylvania, it must be decided in favor of the defendants. The argument suggested by the Iowa and Ohio cases is worthy of serious consideration. The legislature has com- mitted the management of the public schools to boards of control or boards of school directors. In conjunction with the teachers, they decide what books shall be used in the schools. Why cannot the question of reading the Bible in the public schools, as a part of the opening exercises, be left to them? This is where the question has been practically since the common school system was established in Penn- sylvania. In some schools the Bible is read ; in others it is not. There is no law requiring it ; there is no law pro- hibiting it. If it is read, the constitution is not disturbed ; if a board should decide that it shall not be read, why is not such action within its discretion ? We are not deciding the case at bar upon the basis suggested by this argument, but we can easily see how, upon this basis, and upon this alone, the court of last resort may finally dispose of the question. Now, the'refore, the above case having been fully heard in open court and argued by counsel, it is ordered and decreed that the bill of complaint in said case be dismissed at the costs of the plaintiff, and that the injunction hereto- fore granted be dissolved.^ 5. Stevenson vs. Hanyon, 7 U. R. 5S5, 1898. CHAPTER XXV. PUBLIC HEALTH ACTS. PAGE 6ii, Certain children not allowed to attend school in the several municipalities of this Commonwealth 286 612. Period of exclusion. Purpose of physician's certificate 287 613. Duty of principal of schools 287 614. Right of teachers to exclude pupils for failure to be vaccinated 287 615 Physician's certificate of vaccination or of small-pox under Sec. 12, Act of June 18, 1895 288 616. Pupils nmst present certificate of vaccination 289 617. Registry 294 618. Duty of health officers 294 619. Penalty ■ 20^ 620. Fine and imprisonment - 295 621. Act includes townships 295 622. The Act of June 18, 1895, P. L. 203, is a valid exercise of the police power of the state 29=5 623. Township school board to exercise the power of board of health. Power to make rules and regulations 300 624. Abatement of nuisances ^oo 625. Sanitary agent aoo 626. Duties of school directors 301 627. School directors may be compelled to organize as a board of liealth 302 628. Right of school directors to exclude pupils for failure to be vaccinated , ^02 629. School district not liable for the employment of a physician by the school board under Act of 1899 305 630. Conflicting opinions as to the liability of school district under Act of 1899 307 631. Liability of borough for expenses incurred by the local board of health in employing a physician to vaccinate school chil- dren. Opinion by Hampton L- Carson, Attorney-General... 308 632. School board should adopt rules 311 633. Appointment of sanitary agen: 312 634. Sanitary regulations of school or college buildings , 313 635. School directors, trustees and others having control of school buildings to adopt a method of disinfection 313 636. Duty to disinfect 310 637. Approval of method by board of health 313 638. Not to interfere with school session 314 639. Portion of appropriation for expenses 314 640. Fine for neglect 314 Certain children not allowed to attend school in the several munic- ipalities of this Commonwealth. 611. No child or other person belonging to, or residing with the family of any person or'residing iu the same house in which any person may be located who is suffering from PUBLIC HEALTH ACTS 287 cholera, small-pox (variola or varioloid), scarlet fever, typhus fever, yellow fever, relapsing fever, diphtheria, diphtheritic croup, membraneous croup or leprosy shall be permitted to "attend any public, private, parochial, Sunday or other school in said municipalities, and all school principals, Sunday- school superintendents or other persons in charge of such schools, are hereby required to exclude any and all such children and persons from said schools.' Period of exclusion. Purpose of physician's certificate. 612. Such exclusion to continue for a period of thirty days following the discharge by recovery or death of the person last afflicted in said house or family, or his or her removal to hospital, and the thorough disinfection of the premises, and all such children or other persons as aforesaid, before being permitted to attend or return to school, shall furnish to said principal or other person in charge of said schools a certificate signed by the medical attendant of said children or persons, or by a physician to be designated by the health authorities of said municipalites, setting forth that the thirty days mentioned in this section have fully ex- pired : Provided however, That the health authorities may by rule or regulation provide that such certificates shall only be given by a person to be designated by said authorities, and in such case no other certificate shall be recognized.^ Duty of principal of schools. 613. All principals or other persons in charge of schools as aforesaid are hereby required to refuse the admission of any child to the schools under their charge or supervision, except upon a certificate signed by a physician, setting forth that such child has been successfully vaccinated, or that it has previously had small-pox. ^ Right of teachers to exclude pupils for failure to be vaccinated. 614. In this case a petition was presented to court for a mandamus against A, principal of the Keystone Public School in the city of Philadelphia, to compel him to admit 1. Aot June 18, 1895, Sec. 11, P. L. 203. 2. Act June 18, 1895, Sec. 11, P. L,. 203. 3. Act June 18, 1895, Sec. 12, P. L,. 203. 288 COMMON SCHOOL LAW into the school a child of B, a girl eig-ht years of age, with- out being first vaccinated as required by the Act of June i8, 1895. The court refused the mandamus for the reason that a principal of the public school in the exercise of a sound discretion may exclude pupils who have not been vacci- nated. ^ Physician's certificate of vaccination or of small-pox under sec. 12, act June 18, 1895. 615. The certificate required by the act is "a certificate signed by a physician." It does not say he shall be a physician of the highest attainments or qualifications. It is fair to presume that the act contemplates a " legally qual- ified physician." To be registered he must be a legally qualified physician under the laws of the Commonwealth. What the act required is the certificate of a physician, show- ing that the child has been successfully vaccinated or had small-pox. It does not prescribe the form or language the certificate shall be in. Undoubtedly the act intends that children must either have been "successfully vaccinated" or have "had small- pox" to be admitted to school. The act points out how both or either of these questions shall be determined, namely, by the certificate of a physi- cian. It does not make school boards or teachers the judges of those questions of medical science. The power to decide those questions has not been placed with them, but where reason and common sense dictate it should be placed — with a physician. When the certificate of a physician is produced to either fact, that fact is determined for the purposes of the act. It is not required that all the physicians in a place shall unite in certifying the fact or that no physician shall be of a different opinion. It is not required that the school au- thorities shall be satisfied by a preponderance of medical or other evidence of the fact that in any given case a child has had small-pox. The act never contemplated that the fact must be proved to the satisfaction of the school board, or in any other way than by the certificate of a physician. The 4. Field vs. Robinson, 198 Pa. 638, 1901. PUBLIC PIEALTH ACTS 289 duty of the school authorities is plaiu ; it is to admit when the proper certificate is offered. It is not to speculate as to whether or not the physician knew what he was about or had made a correct diagnosis, or whether he stands higher or lower in ability than other physicians, or whether some other physician might not think differently. It is not to get the opinion of other physicians or make inquiries as to whether any person caught small-pox from a child, or to do any of the things that from the return they seem to suppose rested upon their shoulders. The responsibility rests upon the physician and not upon them. The physician, and not the board or teachers, is the judge of these matters, but we think it is the province of the board to determine whether or not the certificate is genuine or fraudulent.5 Pupils must present certificate of vaccination. 616. The children of A have been pupils in the public schools of the Borough of Hum melstown, Dauphin County, Pa., until November 17th, but upon that day they were re- fused admission because they had not been vaccinated. This refusal was authorized by the directors and is still maintained ; the present proceeding asks us to declare it un- lawful. The defendants support the exclusion by showing the following facts: Early in October of this year the health board of the borough (appointed in pursuance of the act of 1893, P. L. 44) requested their attention to "that part of the Compulsory School Law pertaining to vaccination." This reference mistook the statute, but the mistake is not important ; every one concerned has understood fully that the legislation in dispute is section 12 of the act of June 18, 1895, P. L. 203. Acting upon the communication of the board of health, the defendants passed a resolution, of which due public notice was given, " that all (pupils) who had not already been vaccinated, must be on or before Oct. 20th, in accordance with the school laws." The date was afterwards extended to November i6tli. The plaintiff de- 5. Cousins vs. Burgie, 13 D. R. 368, 1904. Commonwealth vs. Smith, 14 York 69, 1900. 290 COMMON SCHOOL LAW clined to have his children vaccinated, and presented them at school upon November 17th without a certificate, as required by the section just referred to, setting forth that they had been successfully vaccinated or had previously had small- pox. This failure to obey the requirements of the section, and of the defendants' resolution, is the single reason why the children were denied admission. The case requires the court to determine the true mean- ing of the section in dispute, and to pass upon its constitu- tionality. The language is as follows : '' All principals or other persons in charge of schools as aforesaid are hereby required to refuse the admission of any child to the schools under their charge or supervision, except upon a certificate signed by a physician, setting forth that such child has been successfully vaccinated, or that it has previously had the small-pox." The phrase, " schools as aforesaid," refers to the section immediately preceding, and includes the schools there specified, namely : " any public, private parochial, Sunday or other school in said municipalities." The plain- tiff bases his principal argument upon this phrase in section 12, and insists that it compels us to construe both sections as applying to the same condition of affairs. We think, however, that this view cannot be successfully maintained. The eleventh section deals with the case of actual attack by certain infectious and contagious diseases — among them be- ing small-pox ; and provides that no child belonging to a family thus afflicted, or living in the same house, shall be permitted to attend any of the schools already named ; ex- pressly requiring " all school principals, Sunday school superintendents, or other persons in charge of such schools, to exclude any and all such children from said schools " for a certain period. The whole section contem- plates complete isolation of the infected house and family ; a measure which is now everywhere admitted to be indis- pensable. Nevertheless the plaintiff construes section 12 to mean that, immediately after commanding that pupils from infected houses must be absolutely excluded from schools, the legislature proceeded to enact, that if the disease is small- pox the children of the family may come to school, provided PUBLIC HEALTH ACTS 29 1 a physician will certify that they have been successfully vaccinated or havepreviously had small-pox. In our opinion this construction must certainly be rejected. It is clear, that a vaccinated child coming from an infected house would be as likely to carry the disease to its associates as a child not vaccinated ; and thus the legislature would in one breath be taking precautions against contagion, and in the next breath would probably be rendering its precautions useless. The natural construction of the section avoids this serious difficulty. Apparently, the legislature has passed from the case of an actual attack by contagious disease, and is now considering how an attack may be prevented. In the present state of medical science, small-pox is the only disease whose attack may be prevented with reasonable cer- tainty, and therefore no other disease is named. It is not isolation that is now in mind, but the prevention of a par- ticular disease ; and for this purpose the legislature regards it as desirable that vaccination among the children of school age should be nearly universal. To furnish parents with a strong motive to submit to this view, the act reqirires all principals or persons in charge of schools to exclude chil- dren, unless a physician certifies that they have been suc- cessfully vaccinated or have previously had small-pox. This is the natural meaning of the words used ; and in accord- ance with established rules of construction, this is the mean- ing they must be held to bear. The remaining question is, whether this section is con- stitutional. It was objected to as invalid because it is not covered by the title of the act ; but the objection was not strongly urged, and need not be discussed. The title is : "An act to provide for the effectual protection of the public health in the several municipalities of this Commonwealth." Certainly one of the most obvious means of protecting the public health is to provide against the introduction of dis- eases into the public schools; and the next step in the train of thought leads inevitably to vaccination. No other con- stitutional objection was brought forward at the argument, and none has since suggested itself. The subject of the act is within the police power of the legislature, which certainly 292 COMMON SCHOOL LAW extends to the care of the public health; and upon well-, settled principles the sound discretion of the legislature or- dinarily determines conclusively what are the best agencies and the most appropriate methods of carrying out its will. The limitations of this rule do not now concern us. Indeed, the case seems to us so plain that argument is difficult. But if argument is needed, it may be found by ex- tending the principles of Duffield vs.Williamsport School Dis- trict, 162 Pa. 476. (The details of the case may be found in Judge Metzger's opinions, printed in the Report of the State Board of Health for 1894, at pages 518 and 525.) Mr. Jus- tice Williams there states lucidly the reasons for deciding that school directors may in their discretion exclude from the public schools pupils wdio have not been vaccinated. It was held also that, whether such a resolution of exclusion is reasonable, is to be judged in the first instance by the school directors ; and, if this is true of the discretion of school directors, with much stronger reasons must it be true of similar action by the ultimate law-making power in the state. In the Williamsport case it was feared that small-pox was about to invade the city ; one attack was reported ; and the disease existed in other cities and towns in the neighborhood. In the case now before the court, counsel have agreed that small-pox is not, and for at least two months has not been, epidemic in the Borough of Hummelstown ; but no further fact upon the subject appears and we do not know whether or not the defendants' resolution was passed under a. reason- able apprehension of danger. Neither do we consider it ma- terial to inquire further into the matter ; in our opinion the legislature has the undoubted power to require vaccination as a condition precedent to admission into the public schools ; and if this be true, it is unimportant whether or not small- pox exists in the municipality when the pupil seeks to be admitted. The public schools are maintained out of public funds raised by taxation — a very large contribution being made directly out of the state treasury ; and it is clearly within the power of the legislature, as representing the Commonwealth, to declare upon what terms the public bounty is to be enjoyed. The act does not undertake to PUBLIC HEALTH ACTS 293 compel vaccination, and therefore the questions which have been considered elsewhere concerning the power of the leg- islature over the human body do not now arise. The right of the plaintiff's children to attend the public schools is not complete until they have complied with the condition which the legislature has seen fit to impose. Without the certificate of a physician, as required by the statute, they cannot be admitted. ,It was also argued that section 12 of the act of 1895 is in conflict with the Compulsory Edncation Act passed in the same year (P. L. 72).* To this jDOsition at least three answers are conceivable : First. As the ages of the plaintiff's children are not averred and do not otherwise appear, the court does not know that they are between the ages of eight and thirteen years ; and therefore, as the Compulsory Education Act only im- plies to children between these ages, the qnestion suggested does not arise. Second, If the Compulsory Education Act and the sec- tion under consideration are in irreconcilable conflict, the former statute must give way, because it was passed on May 1 6th ; while the Public Health Act was approved on June 1 8th, and being the later statute, must be enforced. Third. The Compulsory Education Act provides that children may be excused from attendance if the school board of the district receives satisfactory evidence that attendance is prevented by mental or physical or other urgent reasons. It might therefore be held, that if a child was not vaccinated and was therefore refused admission, it was prevented from attendance by a physical reason ; and if to this suggestion the reply should be made that the parent would thus be able to evade the Compulsory Education Act by refusing to vac- cinate his children, it might be rejoined that if such evasion became extensive the legislatnre would probably be forced to deal with it by providing for compulsory vaccination, and the question would then fairly arise whether the legislature * Note. — The Act of May 16, 1895, P. L. 72 was repealed by the Act of July II, 1901, P. L. 65S. See Supra COMPULSORY ATTEND- ANCE. Sees. 529-545. 294 COMMON SCHOOL LAW possessed the constitutional power to pass such a statute. Of these three answers, we accept the first as sufficient, and express no opinion concerning the other two. So far as we know, the question under consideration has not been heretofore decided in this Commonwealth, although the reasoning of Duffield's case points strongly to the conclusion we have reached. In the State of California it arose several years ago, and was also decided in favor of the legislative power: Abeel vs. Clark, 84 Cal. 226. Maine and Massachusetts have statutes similar to the section under consideration.^ Tlie parents of a child who is refused admission to the public schools because they cannot produce a certificate of vaccination are not liable to the penalty provided by the compulsory education law.^ Registry. 617. The health authorities of said municipalities shall furnish to principals or other persons in charge of said schools, and to physicians, the necessary certificates or blanks for the uses and purposes as set forth and required in sec- tions one, eleven and twelve of this act. The registry of said school shall exhibit the names and residences of all children or persons admitted or rejected for reasons set forth in this act, and said registry shall be open at all times to the in- spection of the health authorities.^ Duty of health officers. 618. It shall be the duty of the health authorities in the several municipalities as aforesaid to furnish daily, by mail or otherwise, to principals or other persons in charge of said schools, a printed or written bulletin, containing the name, location and disease of all persons suffering from chol- era, small-pox, (variola or varioloid), scarlet fever, t>phus fever, yellow fever, relapsing fever, diphtheria, diphtheritic croup, membraneous croup or leprosy, upon receipt by them of reports of such cases from ph}'sicians as required in section 6. Nissley vs. Hummelstown Borotigh School District, 5 D. R. 732, 1896. 7. Commonwealth vs. Bauman, 50 P. L. J. 109, 1902. 8. Act June 18, 1895, Sec. 13, P. L. 203. PUBLIC HEALTH ACTS 295 one of tliis act: Provided, That the health authorities of any municipality may, in lieu of the daily bulletin herein required, provide that a notice shall be given to the school or schools attended by the children in whose home or resi- dence any of the diseases mentioned in this section exist, and prescribe the form of said notice.^ Penalty. 619. Any physician, undertaker, principal of a school, superintendent of a Sunday school, sexton, janitor, head of a family or any other person or persons named in this act, who shall fail, neglect or refuse to comply with, or who shall violate any of the provisions or requirements of this act, shall for every such offense, upon conviction thereof before any mayor, burgess, alderman, police magistrate, or justice of the peace of the municipality in which said offense was committed, be liable to a fine or penalty therefor of not less than five dollars, nor more than one hundred dollars.-" Fine and imprisonment. 620. Said fines or penalties shall be paid into the treas- ury of said municipality, and in default of payment thereof, such person or persons so convicted shall undergo an im- prisonment in the jail of the proper county for a period not exceeding sixty days." Act includes townships. 6^1. The act of June 18, 1895, relating to vaccination of school children applies to township school districts and is not limited to cities and boroughs. A township is a mu- nicipal corporation.'^ The Act of June 18, 1895, P. L. 203 is a valid exercise of the police power of the state. 622. Said Mitchell, C. J. : — The substantial question in this case is whether the act of June 18, 1895, P- L. 203, re- quiring the exclusion from the public schools of children who have not been vaccinated is a valid exercise of the police 9. Act June 18, 1895, Sec. 14, P. I,. 203. 10. Act June 18, 1895, Sec. 21, P. L,. 203. II Act June 18, 1895, Sec. 21, P. L. 203. 12. Sprague vs. Baldwin, 18 Pa. C. C. 568, 1897. 296 COMMON SCHOOL LAW power of the state. It has been twice so decided by this court. In Duffield vs. School District of Williamsport, 162 Pa. 476, a similar regulation not even enacted by the legis- lature but enforced by the school directors under an ordi- nance of the city of Williamsport was held valid. And in Field vs. Robinson, 198 Pa. 638, this very statute of 1895 was held constitutional. It appears to be thought that be- cause the decision was given in a brief opinion per curiam the subject was not fully considered. But the proper in- ference is precisely the reverse, that the conclusion was so perfectly clear to the whole court that it did not require any extended argumentative support. After these two decisions the question ought to have been considered as closed. But we have it raised again with small variations of facts and considerations, none of which are at all material. On the constitutional question it is said that section 12 of the act contravenes sections 7 and 8 of article 3 of the constitution in that it is local and special legislation, regu- lating the affairs of school districts. The terms of the act apply expressly to the " several municipalities " of the state, and it is argued that they do not include school districts in townships, and therefore make an unwarranted distinction in regard to such districts. Whether townships are munici- palities within the intent of the act it is not now necessary to consider. Even if not, the separate classification of school districts in cities and boroughs with reference to public health where population is dense and the danger of conta- gion great, would not be unconstitutional. Sugar Notch Borough, 192 Pa. 349. But the act is in no proper sense a regulation of school districts. It is an act entitled " for the more effectual pro- tection of the public health in the several municipalities of the Commonwealth " and is a general statute on that sub- ject. What bearing it has on schools and school districts is altogether incidental to them as constituents of the com- munity. The constitutional restrictions on special legisla- tion apply to direct legislation, not to the incidental opera- tion of statutes constitutional in themselves upon other PUBLIC HEAI.TH ACTS 297 subjects than those with which they directly deal. Sugar Notch Borough, 192 Pa. 349. It is further said that section 12 contravenes section i of article 10 of the constitution, requiring the maintenance of an efficient system of public schools wherein all children above the age of six years may be educated. It is sufficient to say that this article like all others must be construed and applied in connection with other fundamental governmental powers. The schools and school children, important as they are, are only fractions of the community, and the police power of the Commonwealth in the preservation of the pub- lic health must, if necessity arises, sacrifice the less to the greater interest. Sa/^/s popiili siiprcvia lex. If a child manifestly suffering from small-pox in its contagious stage should be excluded from school, it is hardly conceivable that the propriety of such action should be questioned. At what period before or after the outbreak of the disease the right of exclusion should arise is a legislative not a judicial ques- tion. As said by our late brother, Williams, in Duffield vs. School District, 162 Pa. 476, already cited, "It is conceded that the board might rightfully exclude the plaintiff's son if he was actually sick with, or just recovering from, the small-pox. Though he might not be affected by it, yet if another member of the same family vv^as, the right to exclude him notwithstanding he might be in perfect health, would be conceded. How far shall this right to exclude one for the good of many be carried ? That is a question addressed to the official discretion of the proper officers ; and when that discretion is honestly and impartially exercised the courts will not interfere." These words, it should be re- membered, were written with reference to authority exercised under a city ordinance, and a fortiore when the police power of the state intervenes under the authority of a statute its directions are commands that may not be disputed It is further argued that sections 11 and 12 of the act should be read together, and the right under section 12 to exclude unvaccinated children should be confined to the schools in the districts mentioned in section 11, namely those in which small-pox is actually prevalent. But this is 298 COMMON SCHOOL LAW manifestly not the legislative intent. Section 11 deals with a present and immediate danger, with persons, dwellings and places where the disease actually prevails, and its pro- hibition includes adults as well as children, vaccinated or not. Section 12 on the contrary is a cautionary and pros- pective regulation, having in view not the actual presence of the disease, but its appearance in the future. The ob- jects of the two sections are distinctly different. In this connection the learned judge below found as a fact " that there is not at the time of the filing of this bill nor has there been for a period of about forty years any per- son in the said borough of WaynesDoro or within many miles thereof, suffering from small-pox (variolo or vario- loid)," and it is argued that this feature distinguishes the case from those heretofore decided by this court. But the language of the act is general and its intent plain. The legislature may well have had in mind that the good for- tune of such a community ma}^ not continue indefinitely. Immunity for forty years in the past affords no guaranty of immunity for even forty days in the future if a chance visitor from an infected locality or a borough resident re- turning from such a locality should bring with him the germs of infection. Section 12 is precautionary and pre- ventive, and it is an old and sound maxim that an ounce of prevention is worth a pound of cure. There is one hardship in the twelfth section that may deserve consideration w^ith a view to a possible remedy. The court below found as a fact " that occasionally it is be- yond the power of children of school age as well as adults to be vaccinated, although they may not previously have had small-pox nor previously been vaccinated ; that even repeated attempts to perform the operation of vaccination upon such children or adults is without effect and vaccina- tion will not take. In such cases vaccination is not suc- cessful and a physician cannot certify that such child or adult has been successfully vaccinated." The health au- thorities, state or local, might well consider whether they have power to make a regulation as to what should be deemed a successful vaccination or its equivalent ; whether PUBLIC HEALTH ACTS 299 the ratio of such immune children is of sufficient import- ance to justify the exercise of such power if possessed ; and whether such regulation would be undesirable as affording opportunity for the evasion of the statute. The latter, however, are medical and administrative rather than judi- cial qu-estions. Lastly, it is argued that construing section 12 as we have done it authorizes a trespass upon the reserved rights of the individual which are beyond the reach of even the police power. Vaccination, it is said, is the infliction of a disease, cow-pox, on the subject and if that can be done ir- respective of his consent then the next step may be to re- quire submission to inoculation with antitoxin or serum for diphtheria, tuberculosis, cancer, etc., and we have rather a dismal picture of the possible consequences. It will be time enough to consider such matters when they arise. At present the vast preponderance of opinion among intelligent and educated people, under the •guidance of the best med- ical authority is that vaccination is a highly useful amelior- ative if not always a preventive of one of the greatest scourges that have in past times afflicted humanity, and tliat the regulation of it by statute is not only a justifiable but a wise and beneficent exertion of the police power over the public health. When the legislature goes beyond that into new or more debatable fields, it will be time enough to consider the limits of its power. One expression in the opinion of the court below, and in some of the cases cited in the argument requires a pass- ing note. The act is not a penal statute. It is a broad, general act relating to the health of the whole population of the Commonwealth. It is not therefore to be construed or administered by the rigid technical rules applicable to penal laws, but fairly according to its intent, neither nar- rowing it to the letter, to the exclusion of cases clearly within such intent, nor stretching it beyond its legitimate scope to cover matters not clearly meant to be included. It is an act touching very closely common rights and privi- leges, and therefore specially requiring a common sense ad- ministration. 300 COMMON SCHOOL LAW Decree affirmed. '^ Township school boards to exercise the power of board of health. Power to make rules and regulations. 623. The school directors in each township of the state of Pennsylvania shall, in addition to the powers vested in them by existing laws, have full power and authority to make and enforce all needful rules and regulations to pre- vent the introduction and spread of contagions or infectious diseases, by the regulation of intercourse with infected places, by prohibiting from attending any public school any child or other person belonging to or residing with the family of any person, or residing in the same house, in which any person may be suffering from cholera, small-pox (variola, varioloid), scarlet fever, typhus fever, yellow fever, re- lapsing fever, diphtheria, diphtheritic croup or mem- braneous croup, or any other contagious disease ; and it shall be the duty of all physicians practicing within the several townships to report 'to the secretary of such school board the names and residences of all persons coming under their professional care, afflicted with any of the aforesaid contagious or infectious diseases, within twenty-four hours after the development of any such disease. "* Abatement of nuisances. 624. In tlie case of the prevalence of any contagious or infectious disease in any township of this Commonwealth, the board of school directors of such township shall have power by themselves, or by a sanitary agent to be by them appointed, to enter at any time upon any premises in the said township in which there is suspected to be any conta- gious or infectious disease, or nuisance productive of such disease or detrimental to the public health, for the purpose of examining the said premises and abating any nuisance found thereon detrimental to the public health.'-'' Sanitary agent. 625. Before appointing any sanitary agent to aid in en- forcing the rules and regulations of the board, as aforesaid, 13. Still vs. Reber 63 Jan. Term, Supreme Court, 1906. 14. Act April II, 1899, Sec. i, P. L. 38. 15. Act April II, 1899, Sec. 2, P. L. 38. PUBLIC HEALTH ACTS 3OI the board shall make application to the court of common pleas of the county in which the township is located, or to a law judge thereof, setting forth particularly the reasons which, in their judgment, make the appointment of such agent necessary, setting forth also the compensation which the board deems proper to pay for the services of such sani- tary agent, and if the said court, or judge thereof, shall ap- prove the reasons given by the said board for the appointment of such sanitary agent, and shall also approve the compen- sation deemed proper therefor, said board shall have the authority to appoint such sanitary agent for such term as may be designated by the said court or judge thereof, the said compensation to be paid out of the school fund of the respective townships.'^ Duties of school directors. 626. Judge O'Connor said : "We regard the act of April II, 1899, as mandatory in its terms, and when it gives power and authority to the school boards in townsliips of the state to make and enforce all needful rules and regulations to pre- vent the introduction and spread of contagious or infectious diseases by the regulation of intercourse with infected places, by prohibiting from attending any public school any child or person belonging to or residing with the family of any person, or residing in the same house in which any person may be suffering from the maladies named, among which is the disease known as the " small-pox" it means that the school board shall exercise the power and authority so given and not that the board can ignore the presence of such diseases in the school district when the matter has once been brought to the directors' notice. There is no means provided by the act for the raising of any specific fund out of which extraordinary expenses could be met, but a fair construction of this act of assembly required the school board to formally adopt rules and regu- lations much after the practice followed by boards of health. After they have adopted such rules and regulations, as adopted by the board after the manner that health officers in various 16. Act April II, 1899, Sec, 3, P. L. 38. 302 COMMON SCHOOL LAW > boroughs and cities enforce the provisions of the rules and regulations of the boards of health appointing them.'^ School directors may be compelled to organize as aboard of health. 627. A writ of mandamus will lie at the relation of the district attorney to compel the directors to organize as a board of health and perform the duties imposed on them. The more convenient and efficient and effective way for a school board to proceed in a case requiring action, is to or- ganize a local board of health and proceed in regular and legal course, doing nothing in the premises on consultation not had together at a regular convened meeting, nor as in- dividuals. All must be done by action of the board, as- sembled according to legal requirements. Individual acts, or acts of one or more members of the board, or advice and persuasion, are not what the law requires ; but deliberative and rigorous action of the board legally convened for the purpose, after their making the needful rules and regulations for the prevention of the spread of the contagion, is impei'- ative '^ Right of school directors to exclude pupils for failure to be vac- cinated. 628. The facts of the case are given in the opinion of the Supreme Court, which was delivered by Mr. Justice Williams, as follows : The plaintiff seeks to compel by a writ of mandamus the admission of his minor son to the common school of the city of Williamsport. The board of school directors ad- mits that the child is of proper age, is in good health, and possesses the qualifications that are enumerated in the gen- eral school laws as those that entitle him to admission. They allege, however, that he is excluded because of non- compliance with a regulation adopted in the exercise of a proper measure of care for the public health. The facts ap- pearing in the answer are substantially as follows : First. That the city of Williamsport provided by an ordinance adopted in 1872 and still in full force that no 17. Croyle Twp. School District, 29 Pa. C. C. 93, 1904. 18. Commonwealth vs. Conewago School District, 18 York 125, 1904. PUBLIC HEALTH ACTS 303 pupil "shall be permitted to attend any public or private school in said city without a certificate of a practicing phy- sician that such pupil has been subjected to the process of vaccination." Second. That sniall-pox now exists in Wil- liamsport and "is and has been epidemic in many near-by cities and towns." Third. That in view of this situation tlie attention of the school board was drawn to the subject by a communication from the board of healtli re- questing them to take action "to the effect that no j)upil shall attend the schools of this city except they be vacci- nated or furnish a certificate from a physician that such vac- cination has been performed." Fourth. That upon con- sidering this communication " and from the general alarm prevailing in the city over the report that a case of small- pox was in the city " they adopted a resolution in conform- ity with the recommendation of the board of health. Fifth. That this resolution is not enforced against those not at present in a condition to undergo vaccination ; and as to those unable to bear the expense, the board provide vacci- nation without charge. The plaintiff demurred to this answer, and the questions thus raised are over the power of the school board to adopt reasonable health regulations for the benefit of their pupils and the general public, and over the reasonableness of the particular regulation compiained of in this case. It should be borne in mind that there is no effort to compel vaccination. The school board do not claim that they can compel the plain- tiff to vaccinate his son. They claim only the right to exclude from the schools those who do not comply with such regu- lations of the city and the board of directors as have been thought necessary to preserve the public health. It would not be doubted that the directors would have the right to close the schools temporarily during the prevalence of any serious disease of an infectious or contagious character. This would be a refusal of admission to all the children of the district. They might limit the exclusion to children from infected neighborhoods, or families in which one or more of the members was suffering from the disease. For the same reason they may exclude such children as decline to comply 304 COMMON SCHOOL LAW with requirements looking to prevention of the spread of contagion, provided these requirements are not positively- unreasonable in their character. Is the regulation now under consideration a reasonable one? That is to be judged of in the first instance by the cit}^ authorities and the school board. It is only in the case of an abuse of discretionary powers that the court will un- dertake to supervise official discretion. Vaccination may be, or may not be, a preventive of small-pox. That is a ques- tion about which medical men differ and which the law affords no means of determining in a summary manner. iV decided majority of the medical profession believe in its effi- cacy. The municipal regulations of many, and I have no doubt of most, of the cities of this state and country, pro- vide for it. In the present state of medical knowledge and public opinion upon this subject it would be impossible for a court to deu}- that there is reason for believing in the im- portance of vaccination as a means of protection from the scourge of small-pox. The question is not one of science in a case like the present. We are not required to deter- mine judicially whether the public belief in the efficacy of vaccination is al)solutely right or not. We are to consider what is reasonable in view of the present state of medical knowledge and the concurring opinions of the various boards and officers charged with the care of the public health. The answers of the cit\ and the school board show the belief of the proper authorities to be that a proper regard for the public health and for the children in the public schools, re- quires the adoption of the regulation complained of. They are doing, in the utmost good faith, what they believe it is their duty to do; and though the plaintiff might be able to demonstrate by the highest scientific tests that they are mis- taken in this respect, that would not be enough. It is not an error in judgment, or a mistake upon some abstruse ques- tion of medical science, but an abuse of discretionary power, that justifies the courts in interfering with the conduct of the school board or setting aside its action. It is conceded that the board might rightfully exclude the plaintiff's son if he was actually sick with, or was just recovering from. PUBLIC HEALTH ACTS 305 the small-pox. Though he might not be affected by it, yet if another member of the same family was, the right to ex- clude him, notwithstanding he might be in perfect health, would be conceded. How far shall this right to exclude one for the good of many be carried ? That is a question ad- dressed to the official discretion of the proper officers ; and when the discretion is honestly and impartially exercised the courts will not interfere. '^ School district not liable for the employment of a physician by the school board under act of 1899. 629. The school board quarantined the home of A. for small-pox and B., the physician, rendered medical services and charged the school district for attendance, although the physician admits that he had no contract with the school board to render the services, but claims that under the act of 1899 the school district is liable. The court said: "It is well settled by numerous deci- sions of our courts that 'school districts are those sub-divi- sions of towns or townships made for the purpose of main- taining schools. They are not bodies politic or corporate, with the general powers of corporations, but may be consid- ered as quasi-corporations with limited powers co-extensive with duties imposed upon them by statute or usage and there- fore the strict principles of law respecting corporations can- not in all cases be applied to these aggregate bodies created usually by statute.' Even if the plaintiff had shown a contract with the school board it would be in- cumbent upon him to show that the board had authority to make such a contract. He relies upon the act of April II, 1899, P. L. 38. By this act school directors of the sev- eral townships are empowered to exercise the powers of a board of health in the township, to make rules and regula- tions to prevent the spread of contagious or infectious dis- eases, and to appoint and fix the compensation for a sani- tary agent. By section 2 of said act, in case of the preva- lence of any contagious or infectious disease in any town- 19. Duffield vs. School District, 162 Pa. 476, 1894. Gerhard vs. Packer Township School District, 24 Pa. C. C. 339, S. C, 9 D, R. 720, 1900. 3o6 COMMON SCHOOL LAW ship, the board of school directors of such township shall have power by themselves or by a sanitary agent to be by them appointed, to enter upon any premises in said town- ship in which there is suspected to be any contagious or in- fectious disease or nuisance productive of such disease or detrimental to the public health, for the purpose of exam- ining the said premises and abating any nuisance found thereon detrimental to the public health. The appoint- ment of the sanitary agent and the compensation which the board deems proper for his services must both be approved by the court of common pleas of the county in which the township is located, or by a judge thereof, otherwise he could not legally recover any compensation from the school board. Nowhere in the act are school directors authorized to appoint any other agents or employ any person to perform any services excepting that of a sanitary agent. " There is no act of assembly, however, which would authorize a school board to incur any expenditure for phy- sicians or medical attendance of the family quarantined, and we are of opinion that if the family quarantined is not of sufficient ability to provide food and medical attendance that it would be the duty of the poor authorities to make provision for such expenditures. If the person quarantined was ill of any disease not contagious, or if any member of the family was in need of the services of a physician, and they or the head of the family are not of sufficient ability to pay for the necessary food and medical attendance during such illness, it would be the duty of the poor directors to care for and maintain such family and provide the necessary medical attendance or services, and unquestionably, if such person or family was legally put upon the county it would be a neglect of official duty not to give such care and atten- tion. There is no reason why the same rule should not apply when the person ill and needing a physician is suffer- ing from a disease which is contagious, unless the munici- pality is made liable for such expenditures by law. " In the case of boroughs and cities the statute ex- pressly makes them liable for all necessary expenditures where the person quarantined is not of sufficient ability to PUBLIC HEALTH ACTS 307 pay for food and medical attendance. In the case of a town- ship no such provision is made by statute, and the faihire of the legislature to make such provision shows a clear in- tention in its part to leave such liability upon the poor au- thorities. Unquestionably if there was no provision in law for the maintenance of a person quarantined, who was a pauper, courts would impose a liability upon the authority enforcing the quarantine, but that would be done not by virtue of any statute, but from reasons of humanity. The only duty imposed by statute upon a school board is to en- force the quarantine, and this it should do rigorously. In case the person quarantined was not of sufficient ability to provide food and the necessaries of life and medical attend- ance the poor authorities should at once be notified and until notified the board make all needful provision for the family. ^° Conflicting opinions as to the liability of school district under act of 1899. 630. Judge Savidge said : " A school district is aiithor- ized to erect and furnish a hospital for the care of small-pox patients and provide the necessary supplies for the occu- pancy thereof and a doctor to attend the patients at a fixed salary. The directors of the poor are required to funiish medicine, food and proyisions, including a nurse or nurses and a cook." ^' Judge Lindsey holds that the legislature has provided a full and complete method or means to suppress contagious diseases and has provided for the health and sanitary regu- lations of the people not only in incorporated cities and bor- oughs, but in the rural districts. This system is complete in itself The power vested in boards of health to quaran- tine families and to provide hospitals, necessarily implies the right to maintain and support those families during the period of quarantine and while thc}^ are in the control of 20. Brown vs. West Salem School Dist, 30 Pa. C. C. 124, 1904. 21. Coal Township School Directors, 2 Pa. J. I,. R. 237, 1904. 3o8 COMMON SCHOOL LAW the board of health. This system is complete and inde- pendent of the poor laws of the Commonwealth.^^ Liability of a borough for expenses, incurred by the local board of health in employing a physician to vaccinate school children. Opinion by Hampton L. Carson, Attorney General. 631. Samuel G. Dixon, M. D., Health Commissioner. Sir: '' I am in receipt of your letter of the 24th ult, re- ferring to this department a communication from J. K. L. Mackey, Health Officer of the borough of Shippensburg, re- questing an opinion as to the liability of the borough for payment of certain expenses incurred by the local Board of Health in employing a physician to vaccinate school chil- dren whose parents were too poor to pay, for which expenses the Council of said borough refuses to make appropriation. " You ask me the question : Who is legally responsible for the payment of bills contracted by local Boards of Health for the protection of the health of the community, when the Council of the borough refuses to pay such bills or allow the board a sufficient appropriation to meet the obligations in- curred ? The facts relating to the communication of Mr. Mackey raise a question which is narrower than the one put in your letter of transmittal. Mr. Mackey's case is that of school children of poor parents, vaccinated by the phy- sician of the Health Board of the borough by direction of the board. Your question would involve expenses of all kinds incurred in the protection of the public health, of which vaccination might be but a single item. It is neces- sary to discriminate between the action of local boards and the action of your department." "The Act of May 11, 1893, P. L. 44, relates to the or- ganization of Boards of Health in boroughs, and in Sec- tions 2 and 3 prescribes the duties and powers of such boards. Substantially they are the same, mutatis mutandis ^ as those of Boards of Health in cities of the third class, under the Act of May 23, 1889, P. L. 306. It is provided that all fees, which shall be collected or received by the In re Kibby Family, 2 Pa. J. L. R. 167, S. C. 12 D. R. 527, 1904. Commonwealth vs. Guy, 13 D. R. 213, 1904. Beaver County Commissioners, 14 D. R. 491, 1904. PUBLIC HEALTH ACTS 309 board or any officer thereof in liis official capacity, shall be paid over into the borough treasury monthly, together with all penalties which shall be recovered for the violation of any regulation of the board. Se;,ction 4 of the Act of 1893 defines the powers and duties of such boards with regard to infectious diseases, and, inter alia, empowers them 'to en- force vaccination.' The context leads me to the belief that these words do not mean compulsory vaccination in a gen- eral sense, but only under conditions of infection and con- tagion which render such enforcement necessary. Section 7 of the same act provides that ' it shall be the duty of the Board of Health to submit annually to the council before the commencement of the fiscal year an estimate of the probable receipts and expenditures of the board during the ensuing year, and the council shall then proceed to make such appropriation therefor as they shall deem necessary.' " " Under provisions of this act it is within the discre- tion of the borough council to fix the amount of an appro- priation of funds to meet the estimated annual expense ac- count submitted by the Board of Health or make provision for payment of bills already contracted by said board. I am unable to find any other Act of x'lssembly which defines the extent of the discretionary power of council with regard to expenses contracted by Boards of Health, nor can I find any decision of the courts under this act. Neither do I find any act of assembly which in terms renders the borough liable for the expense of vaccinating school children whose parents are in indigent circumstances and unable to pay for the same, where the borough council neglects or refuses to ap- propriate the necessary funds to meet such expense." " In my judgment, if it should be shown as a fact that a borough had received funds from fines and penalties which had not been appropriated to the support of the Health Board, and if it should be further shown that the Health Board had submitted an annual estimate of its probable re- ceipts and expenditures, then it would become the duty of the councils to make an appropriation or at least show rea- sonable cause for not doing so. I do not believe that the Borough Council can arbitrarily refuse to make an appro- 3IO COMMON SCHOOL LAW priation or successfully shield itself behind the plea that the matter is entirely within its uncontrolled discretion. The duty of making an appropriation is quite clearly stated in the act, provided the reasonable means of information for the intelligent exercise of judgment have been previously supplied." " The question can be raised by mandamus issued at the instance of the borough Board of Health through its so- licitor, or if there be no regular solicitor, a solicitor specially authorized to act in this instance." " Besides this, the matter could also be tested in an action of assumpsit by the doctor against the borough to re- cover the sum of money due him for services rendered at the instance of the Board of Health of the borough, relying upon the authority of the following cases : Allegheny County vs. Watt, 3 Pa. 462 ; Commonwealth vs. Harman, 4 Pa. 269 ; County of Northampton vs. Innes, 26 Pa. 156 ; County of Allegheny vs. Shaw, 34 Pa. 301." " I am not advised how far the action of the Health Board in the borough of Shippensburg was caused by any action of yours, or whether you took any official action in the premises. The Act of April 27, 1905, P. L. 312, ' Cre- ating a Department of Health and defining its powers and duties,' in Section 8 provides that ' it shall be the duty of the Commissioner of Health to protect the health of the people of the state and to determine and employ the most efficient means for the prevention and suppression of dis- ease, etc' In Section 17 of the same act it is provided that ' all necessary expenses iinder the provisions of this act, shall, after approval in writing by the Governor and the Commissioner of Health, be paid into the State Treasury upon the warrant of the Auditor General in the manner now provided by law.' If, from your knowledge of the facts, you can certify that the expense of vaccinating these school children in Shippensburg was a necessary expense under the provisions of the act just quoted, the local phy- sician to whom the debt is due, can be paid without resort- ing to mandamus proceedings, but it will be unnecessary for me to point out to you the danger of allowing expenses, PUBLIC HEALTH ACTS 31I which ought to be borne locally, to be paid out of the funds of the state." " The Governor of this Commonwealth, on April 27, 1905, approved an act, P. L. 317, ' to establish an emergency fund to be used as occasion may require in the suppression of epidemics, prevention of disease, and protection of human life in time of epidemic diseases or of threatening disease, and making appropriation therefor." It is quite clear that the conditions contemplated by this act were those of such extraordinary danger to public health as to be beyond the ability of the local authorities to check or relieve. Unless the conditions contemplated by this act existed and were made manifest in the manner indicated in the act, I cannot advise you that the expenses of vaccination contracted by the Board of Health in the borough of Shippensburg, or in any other borough, are pa)^able out of the emergency fund appropriated by the Act of April 27, 1905." " Under the Act of 27th of April, 1905, P. L. 312, cre- ating your department, and defining its powers, it is clear that the rules and regulations of your department may be promulgated by sending printed copies to all local Boards of Health, school boards, and clerks of councils of cities and boroughs, and the rules and regulations shall be printed in circular form and given to anyone who demands them. The i6th Section of this act provides that every person who violates any order or regulation of the Department of Health, or who resists or interferes with any officer or agent thereof in the performance of his duties, in accordance with the regulations and orders of the Department of Health, shall be deemed guilty of a unsdemeanor, and shall, upon convic- tion thereof, be punished by a fine of not more than one hundred dollars or by imprisonment not exceeding one month or both at the discretion of the court." School board should adopt rules. 632. When an infectious disease is prevalent within a school district, the school directors, acting as a Board of Health, have the authority to adopt rules and regulations to control the disease, to impose a penalty for the violation of those rules, and to maintain an action for the penalty ; 312 COMMON SCHOOL LAW but though an action of assumpsit will lie, that action is in the nature of a summary conviction, and the record of such an action before a justice of the peace must show sufficient to give jurisdiction, and should disclose ever^' fact essential to the issue : i. e., the nature of the rules or regulations, and the penalty for violation thereof, and especially the particular rule which was violated and the amount of the penalty. ^^ Appointment of sanitary agent. 633. Judge White said : " The school board of West Wheatfield Township have presented their petition for the approval of their appoint- ment of a sanitary agent to aid in enforcing the rules and regulations of the board. This application is made under the Act of April 11, 1899. This is the first application of the kind that has been made to this court. We find the re- cital, ' being notified and are aware of the typhoid fever in Garfield and vicinity in said township, and in our judgment deem it necessary that immediate steps be taken to have said town and vicinity put in proper sanitary condition,' and thereupon appoint John W. Huston, as sanitary agent, to act in said township during the school term at a compensa- tion of $1.50 per day for the time actually employed. The act requires the court to consider the matter as follows : ' And if the said court, or judge thereof, shall approve the reasons given by the said board for the appointment of such sanitary agent, and shall also approve the compensation deemed proper therefor, said board shall have the authority to appoint such sanitary agent for such term as may be des- ignated by the said court or judge thereof, the said compen- sation to be paid out of the school fund of the respective townships.' We have nothing before us but the petition of the school board. We have no reason to doubt the accu- racy of the statements and request of the school board. In all such applications we should regard the statements of the school board as prima facia correct, and, of course, their 23. Wayne Twp. School Directors vs. Rosencrans, 30 Pa. C. C. 9, 1904. PUBLIC HEALTH ACTS 313 suggestions of the person and the compensation will be or- dinarily accepted and approved by the court." ^'^ Sanitary regulations of school or college buildings in cities. 634. Whereas, infectious and contagious diseases are very largely disseminated through the agency of the schools, from the want of proper disinfection of school buildings, the following act was passed. School directors, trustees and others having control of school buildings to adopt method of disinfection. 635. On and after the passage of this act, it shall be the duty of the board of school directors, trustees, or other person or persons having control of any school or college building, in any city of this Commonwealth, to adopt and immediately put into operation a modern method and sys- tem of disinfection, for the disinfection of such school or college buildings. ^5 Duty to disinfect. 636. It shall further be the duty of such board of school directors, trustees, or other person or persons having con- trol of any school or college building in any city of this Commonwealth, at regular intervals of not exceeding two weeks, to cause all of the school or college buildings under their control to be thoroughly disinfected, by means of the method and system which they may adopt in compliance with Section i of this act.^^ Approval of method by board of health. 637. Whenever there exists in any city a local board of health for such city, the method and system of disinfection adopted by the board of school directors, trustees, or other person or persons having control of any school or college building in such city, shall be approved by such local board of health ; in any city where no such local board of health exists, such method and system of disinfection, as aforesaid, shall be approved by the state board of health of this state.^^ I 24. West Wheatfield Township, 10 D. R. 76, 1900. 25. Act April 14, 1903, Sec. i, P. L. 172. 26. Act April 14, 1903, Sec. 2, P. L. 172. 27. Act April 14, 1903, Sec. 3, P. L. 172. 314 CX)MMON SCHOOL LAW Not to interfere with school session. 638. In operating such methods and system of dis- infection, as aforesaid, the person or persons in charge of such duty shall, as far as practicable, perform such duty in such manner as not to interfere with the regular school ses- sions held in said school or college buildings, and it shall not be necessary under this act, to perform such duty in any school or college building which is not used and occupied for school purposes. ^^ Portion of appropriation for expenses. 639. In order to fully and completely carry out the provisions of this act, and to defray the expenses necessary to equip and put into operation by the board of school di- rectors, trustees, or other person or persons having control of any public or high school of this state, such method and system of disinfection, as aforesaid, there shall be set aside by such school directors, trustees, or other person or per- sous having control of any public or high school building, out of the funds biannually appropriated by this state, under the act " providing method of distributing the appropria- tion to common schools," sufficient money, necessary to de- fray the expenses incident thereto.^^ Fine for neglect. 640. Any board of school directors, trustees, or other person or persons, charged under this act with the enforce- ment of any of its provisions, who shall neglect to properly enforce the same shall, upon complaint of state or local board of health to the court of common pleas of the proper county, pay a fine of not less than five dollars nor more than one hundred dollars.^" 28. Act April 14, 1903, Sec. 4, P. L. 172. 29. Act April 14, 1903, Sec. 5, P. L. 172. 30. Act April 14, 1903, Sec. 6, P. L. 172. CHAPTER XXVL teachers' institutes. PAGE 641. Teachers' count}- institute. Organization 315 642. Report of count}' superintendent on attendance 315 643. Contribution from county treasurer to county institute 316 644. Penalt}' of teachers for non-attendance 316 645. Teacher's compensation for attending institute 316 646. School district liable for teacher's compensation 317 647. Compensation not to exceed two dollars per diem 317 648. Pay of teachers while attending institute under act of 1887 317 649. Institute accounts 318 650. Superintendent's report on adjournment to superintendent of common schools 318 651. Superintendent's report to school directors 318 652. City and borough teachers' institute 319 653. Qity or borough superintendent may call a teachers' institute.. 319 654. Committee on permanent certificates , 319 655. Time for holding city teachers' institute 319 Teachers' county institute. Organization. 641. The county superintendent of each county in this Commonwealth is hereby authorized and required, once in each year, at such time and place as he, or a properly au- thorized committee of teachers, acting with him, may deem most convenient, to call upon and invite the teachers of the common schools, and other institutions of learning, in his county, to assemble together, and organize themselves into a teachers' institute, to be devoted to the improvement of teachers in the science and art of education, and to continue in session at least five days, including a half day for going to, and a half day for returning from, the place of meeting ; said institute to be presided over by the county superin- tendent, or by some one designated by him, and subject, in its general management, to his control,' Report of county superintendent on attendance. 642. Each county superintendent, upon the assembling of the teachers' institute of his county, shall cause a roll of members to be prepared, which roll shall be called at least twice every day, durnig the session of the institute, and all absentees carefully marked, and from which, upon the ad- jornment of the institute, he shall ascertain the exact nnm- I. Act April 9, 1867, Sec. 2. P. L. 51. 3l6 COMMON SCHOOL LAW ber of teachers who were in attendance and the length of time each attended.^ Contribution from county treasurer to county institute. 643. And upon the presentation of a certificate, at the close of the session of each annual institute, setting forth these facts (as set forth in Section 642), and signed by the county superintendent, to the treasurer of the proper county, he is hereby authorized and required to pay immediately, out of any money in the county treasury not otherwise ap- propriated, to the county superintendent, one dollar for every three days spent by teachers of the county in attend- ance at the institute, for that year, or as much of it as may be needed ; such money to be expended by the county super- intendent in procuring the services of lecturers and in- structors for the institute, and in providing the necessary apparatus, books and stationery, foi carrying on its work : Provided, That the amount which may be drawn from the county treasury shall, in no case, be more than two hun- dred dollars, but may, in all cases, be sixty dollars, if it shall appear, from the vouchers presented by the county superintendent to the county auditors, as required by the 4th section of this act (see Infra TEACHERS' INSTI- TUTES, Sec. 649), that this sum has been actually ex- pended for the purposes herein specified. ^ Penalty of teachers for non-attendance. 644. Any teacher who absents himself from the insti- tute of his county, without a good reason, may have his want of professional spirit and zeal indicated, by a lower mark on his certificate in the practice of teaching, than he would otherwise have received. ^ Teacher's compensation for attending institute. 645. All boards of school directors and boards of con- trollers shall be and are hereby authorized and required to pay the teachers employed in the public schools, of the sev- eral districts, within their jurisdiction, for attendance upon 2. Act April 9, 1867, Sec. 3, P. L. 51. 3. Act April 9, 1867, Sec. 3 P. L. 51. 4. Act April 9, 1867, Sec. 3, P. L. 51. teachers' institutes. 317 the sessions of the annual county institutes, in the re- spective counties.5 School district liable for teacher's compensation. 646. Compensation for institute attendance shall be based on the official reports made, to the several boards of directors or controllers, by the proper county, city or bor- ough superintendent, who shall report the daily attendance of teachers to the respective boards by which they are em- ployed, and such compensation shall be allowed by the di- rectors or controllers, and paid by the district treasurer to the teachers entitled to receive the same.^ Compensation not to exceed two dollars per diem. 647. Compensation, as herein authorized, shall not be less than the per diem pay for actual teaching ; Pro- vided, That it shall not, in any case, exceed two dollars per diem, and shall be allowed and paid to the teachers in their respective districts for each day's attendance reported as aforesaid by the proper superintendent.'^ Pay of teachers while attending institute under act of 1887. 648. Attorney-General Kirkpatrick said : " The practical construction of this act of assembly, as made by the department of public instruction, is, that teachers are entitled to compensation for institute attend- ance, in addition to their regular wages, according to their per diem pay for actual teaching, but compensation as authorized by the act of assembly cannot lawfully exceed two dollars a day, which is the maximum allowance pro- vided by the act. The time of attendance cannot be re- ported and credited as part of the twenty days' actual teach- ing required to constitute a school month, but is in addition thereto. Teachers in attendance who are, at the time of holding the institute, engaged in teaching in the county, and also those who have been elected or employed to teach in the public schools of the county for the current annual term, 5. Act April 13, 1887, Sec. i, P. L. 20. 6. Act April 13, 1887, Sec. 2, P. L,. 20. 7. Act April 13, 1887, Sec. 3, P. 1,. 20. 3l8 COMMON SCHOOL LAW prior to the date of the institute — but whose schools are opened subsequently — are to be reported by the superin- tendent, and credited as legal members of the institute, and are entitled to compensation for attending the same. In my opinion this construction accords with the true intent of the act of assembly in question."^ Institute accounts. 649. Each county superintendent who may draw money from the county treasury, for the purposes named in this act, shall file his account of all expenditures, under the act, in the office of the county treasurer, with vouchers for the same, which shall be examined by the auditors of the county, in like manner, as other county expenditures ; a!id any misapplication of funds shall be punished in the same manner as collectors of state and county taxes, for like of- fenses, are now punished.^ Superintendent's report on adjournment to the superintendent of common schools. 650. All county superintendents, upon the adjourn- ment of the teachers' institutes, held in their respective counties, are hereby required to report to the superintend- ent of common schools, the number of teachers in attend- ance, the names of the lecturers or instructors who offici- ated, the subjects upon which the instruction was given, and the degree of popular interest awakened by the pro- ceedings.'" Superintendent's report to school directors. 651. At the close of the annual sessions of the said in- stitutes, it shall be the duty of the several county, city and borough superintendents to make a report, to each board of school directors in their respective jurisdictions, setting forth the number of days that each teacher shall have at- tended and participated in the exercises of the said annual teachers' institute, which said report shall be the basis for allowing the teachers their time and wages : Provided, 8. Teachers' Institute, 6 Pa. C. C. 24, 1888. 9. Act April 9, 1867, Sec. 4, P. L. 51- 10. Act April 9, 1867, Sec. 5, P. L- 5i- TEACHERS' INSTITUTES 319 That the provisions of this act shall not extend to the first school district of Pennsylvania, nor to the counties where- in special laws regulating or relating to county institutes are in force." City and borough teachers' institute. 652. That it shall be lawful for the board of school di- rectors or controllers of any city or borough which has elected a superintendent and employs not less than fifty teachers, by resolution at any stated meeting and duly re- corded, to authorize the holding of a separate annual teach- ers' institute for said city or borough, and in all matters pertaining to the holding of institutes shall be in no wise subject to the authority and jurisdiction of the superin- tendent of the schools of the county in which said city or borough is located. ^^ City or borough superintendent may call a teachers' institute. 653. When the holding of said separate annual insti- tute shall have been so authorized as aforesaid, the super- intendent of the schools of said city or borough shall have power to call a teachers' institute and to draw from the county treasury money for the support of the same in like manner and to the same extent as to the county superin- tendents of this Commonwealth are now empowered to do.'"* Committee on permanent certificates. 654. The said annual institutes shall have power to elect a committee on permanent certificates in and for said city or borough as county institutes are now empowered to do for their respective counties.''* Time for holding city teachers' institute. 655. City teachers' institute may be held, throughout the school year, on any five days, or any ten half days which the city superintendent of schools may select for this purpose. '5 11. Act June 7, 1881, Sec. 2, P. L,. 50. 12. Act June 28, 1895, Sec. 9, P. L,. 415 13. Act June 28, 1895, Sec. 9, P. L,. 415. 14. Act June 28, 1895, Sec. P. L,. 415. 15. Act April 20, 1905, Sec. i, P. I,. 228. CHAPTER XXVII. TEXT BOOKS AND SCHOOL SUPPLIES PAGE 656. Series of school books, when and how selected 320 657. Books for blind children 320 658. Legal requirements to purchase textbooks 321 659. Meeting of teachers and directors 321 660. Time of joint meeting , 321 661. Notice to teachers 322 662. Notice and meeting of directors 322 663. Object of teachers meeting with the board 322 664. Purchase of text books and supplies 323 665. Use of text books during vacation 323 666. Change of text books 323 667. Penalty 323 668. Change of text books in certain cities 324 669. Price list of books to be furnished and adopted 324 670. Awarding of contracts 324 671. Penalty for violation of act. Act to be accepted 325 672. Restraining purchase of school books 325 673. Who cannot act as agents for the sale of school books 326 674. No pecuniary interest 326 675. Separate accounts 326 Series of school books, when and how selected. 656. Immediately after the annual election of teachers in each school district of the state, and before the opening of the schools for the ensuing term, there shall be a meet- ing of the directors or controllers and teachers of each dis- trict ; at which meeting the directors and controllers shall select and decide upon a series of school books, in the dif- ferent branches to be taught during the ensuing school year; which books, and no other, shall be used in the schools of the district during said period.' Books for blind children. 657. That the school boards of this Commonwealth are hereby authorized and recommended to provide suita- ble books and apparatus for the instrtiction of indigent blind children between the ages of nine and thirteen years, and pay for the same out of the school fund as in the case of seeing children, the cost thereof not to exceed twelve dollars for each person in any one year.^ 1. Act May 8, 1854, Sec. 25, P. L. 617. 2. Act May 8, 1876, Sec. i. P. L. 138. TRXT BOOKS AND SCHOOL SUPPLIES 32 1 Legal requirements to purchase text books. 658. To make the action of the directors in the selec- tion of books effective and legal, there must be a record of such action, and the statute plainly declares what the rec- ord shall contain — the names of the members voting in the affirmative and those voting in the negative — so that it shall appear that a majority of the whole number of directors voted affirmatively, and who so voted as well as those who voted in the negative. This must be done before the books are purchased or introduced into the schools, and before the commencement of the ensuing term, as the act of May 8, 1854, declares that the books shall be selected at a meeting of the directors and teachers before the opening of the schools of the ensuing term, " which books, and no others, shall be used in the schools of the district during said period." The record of the votes upon the minutes is of sub- stance, and, until this appears, the act of the board in the adoption of text books is of no validity, and the minutes cannot be corrected at a meeting subsequent to the opening of the schools.3 Meeting of teachers. 659. The joint meeting of directors and teachers is mandatory and not merely directory. If no action is taken at the joint meeting of directors and teachers, the directors cannot subsequently at a regular meeting of the board, where no teachers were present or invited to be present, adopt a change of text books."^ Time of holding joint meeting of teachers and directors. 660. The act of May 8, 1854, should not be so strictly construed that the meeting of the directors and teachers must be held without any intervening time after tJie an- nual election, though such is a popular meaning, and the definition of lexicographers, of the word "immediately." What we mean is that a meeting upon due notice, in a rea- sonable time after the election of teachers, and before the 3. Barber vs. Wilhelm, 7 Pa. C. C. 214, 1889. 4. Barber vs. Newbaker, 19 Pa. C. C. 664, 1897. 322 COMMON SCHOOL LAW commencement of the ensuing term, would be legal. The teachers may or may not be present at the annual election, and, if- not present, could not attend a meeting immedi- ately, of which they had no notice. The law directs a meeting of the directors and teach- ers, and though the selection and adoption of books to be used in the schools is the province of the directors, yet the teachers are required to be present, or have such notice thereof, that they can attend.^ Notice to teachers. 66i. The statute does not expressly declare that the teachers shall be notified of the meeting, but it undoubt- edly contemplates notice of some kind, although we do not think it need be in writing. Notice by publication in a newspaper of general circulation, without proof that it was taken by the teachers, would not be sufficient to warrant the directors in proceeding to select the text books.^ Notice and meeting of directors. 662. Every member of the school board is entitled to know the time of meeting for the contracting of text books. If no notice has been given, any contract which the board might make will be void. The courts holding that the kind and number of the books and the prices to be paid for them are matters requiring deliberation, consultation and judgment and are for the consideration of the whole board. ^ Object of teachers meeting with board. 663. The duties and powers of the teachers at a meet- ing with the directors for the adoption of text books is purely advisory, hence, if after consulting and advising with them, and receiving their views in writing, the directors adjourn until a later hour in the same day before taking a final and decisive vote, the irregularity is not fatal, there being no evidence of secrecy or fraud. ^ 5. Barber vs. Wilhelm, 7 Pa. C. C. 214, 1890. Maloney vs. Rogers et al., 6 Kulp 289, 1891. 6. Maloney vs. Rogers, et aL, 6 Kulp 289, 1891. 7. Mitchell vs. Kearns, 16 Pa. Superior Ct. 357, 1901. 8. Maloney vs. Rogers, et al., 6 Kulp 289, 1891. TEXT BOOKS AND SCHOOL SUPPLIES 323 Purchase of text books and supplies. 664. School directors or controllers shall purchase text books and other necessary school supplies for use in the public schools of their respective school districts, out of the school fund of the district, and when so procured the neces- sary books and school supplies shall be furnished free of cost for use in the schools of said district, subject to the orders of the directors or controllers thereof, whose duty it shall be to provide for the return of and for the safe keep- ing and care of the books which shall be returned at the close of the annual school term in each year or as the board may direct.^ Use of text books during vacation. 665. The board shall allow each child who wishes to attend a pay or select school, any time during vacation, be- tween regular school terms, the use of the books furnished him or her for that purpose : Provided further, That the teacher of said school or schools shall possess a valid certifi- cate issued by a superintendent of public schools : Pro- vided however. That the school directors or controllers shall make such regulations for the care and return of said books as they may deem necessary, and it shall be their duty to see that said books shall be used only when the pay school is held in city, borough or district school house.'" Change of text books. 666. The board of directors of any district, thecontrollers in cities and boroughs, or any school superintendent, shall not order or direct or make any change in the school books or series of text books used in any school under his or their superintendence, direction or control, more than once in every period of three years ; and any laws or parts of laws inconsistent herewith be and the same are hereby repealed." Penalty. 667. Any school director, controller or superintendent, who shall violate the provisions of this act, shall be deemed 9. Act June 7, 1897, Sec. i, P. L. 130, an amendment to Sec. i of Act June 25, 1885, P. L. 173- 10. Act June 7, 1897, Sec. i, P. L. 130. 11. Act May 26, 187 1, Sec, i, P. L. 280, 324 COMMON SCHOOL LAW guilty of a misdemeanor, and upon conviction thereof shall be sentenced by the court to pay a fine, not exceeding two hundred dollars, and that he be deprived of his office.'^ Change of text books restricted in certain cities. 668. That hereafter the board of directors, controller or superintendent of any school district, in cities of the second and third class, shall not order or direct, or make any change, by resolution or otherwise, in the school books or series of text books in use in any public school under his or their control, superintendence or direction, more than once in every six years ; and all such school books or series of text books which shall be adopted or in use in the several schools of cities of the second and third class in this Commonwealth on the first Monday of October next, shall be continued in use by the board of directors or others hav- ing control of said schools, for and during the term of six years from that date, and thereafter shall not be changed in whole or part more than once in every six years. '^ Price lists of boolcs to be furnished and adopted. 669. That before the adoption of any series of text books by the central board of education, or board of control, or department of education, it shall be the duty of the author, publisher or regular constituted agent offering any books for adoption, to furnish the price of each and every book, which shall be the price so long as said book or books remain in use in the school ; and it shall be the duty of the central board of education to adopt said price list, and require of said author, publisher or agent such security as in their judgment is proper for the per- formance of their contract.''* Awarding of contracts. 670. It shall be the duty of the several school boards, after having advertised for proposals at least twice a week for four weeks in two papers having the largest circulation in the city or county, to award the contract to the lowest 12. Act May 26, 1871, Sec. 2, P. L. 280. 13. Act May 3, 1878, Sec. i, P. L. 44. 14. Act May 3, 1878, Sec. 2, P. L. 44. TEXT BOOKS AND SCHOOL SUPPLIES 325 and best bidders, and when entering into contract for said books they shall specify the style of paper, printing and binding ; and the agents or publishers, shall, before accept- ance of their bids, furnish samples of the same, which shall be of the most durable and serviceable quality for school purposes, and bonds shall be given guaranteeing that all books furnished shall be equal in paper, print and binding to the samples first shown. '5 Penalty for violation of act. Act to be accepted. 671. Any school director, controller or superintendent who shall violate the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be sentenced by the court to pay a fine not exceeding five hundred dollars and that he or she be deprived of his or her office. Provided, That the provisions of this act shall not become a law in any school district, unless accepted by a majority of the directors elected in such district.'^ All acts or parts of acts inconsistent with this act be and the same are hereby repealed. Restraining purchase of school books. 672. The directors will be restrained from purchasing new books where it is shown that a report of a committee on books recommending the adoption of new books was " adopted " by the board of controllers by a motion duly passed. '7 And they will be restrained from changing books where there has not been an affirmative vote of a majority of the board, and the tliree years have not passed since the last series of books was adopted.'* 15. Act May 3, 1878, Sec. 3, P. L. 44- 16. Act May 3, 1878, Sec. 4, P. L. 44- 17. Heckman vs. Board of Controllers, 51 P. L. J. 81, 1903, 18. Shannon vs. School Directors, 10 Kulp 544, 1903. Wharton vs. School Directors, 42 Pa. 358, 1862. Butts vs. Howley, 5 Kulp 338, 1889. Mitchell vs. Kearns, 16 Pa. Superior Ct. 357, 1901. Roth vs. Marshall, 158 Pa. 272, 1893. Krickbaum vs. School Directors, 3 Kulp 30, 1880. 326 COMMON SCHOOL LAW Directors have no power to adopt more than one series of text books covering the same studies.'^ After a selection of text books lias been made, school directors or controllers cannot within three years at a sub- sequent meeting reconsider such selection, and make a new one of different books. ^° Who cannot act as agents for the sale of school books. 673. It shall not be lawful for the county superintend- ents, directors or controllers, or any other person officially connected with the common school system, to become agents for the sale, or in any way to promote the sale of any school books, maps, charts, school apparatus or sta- tionary, or to receive compensation for such sale, or pro- motion of sale, in any manner whatsoever ; and any viola- tion of the provisions of this section shall be deemed a mis- demeanor, and punishable with a fine or imprisonment.^' No pecuniary interest. 674. It shall not be lawful for any director, or presi- dent of any school board, in this Commonwealth, to be in- terested in the furnishing of books, or any other supplies, for said school." Separate accounts. 675. The board shall keep an account of all moneys, ex- pended under the above section, ^3 and report it under sep- arate item in the annual financial accounts as authorized by law. ^4 19. Francis vs. School District, 41 P. L. J. 19, 1893. 20. Price vs. Scranton School Controllers, i Lack. Bar. 47, if 21. Act May 8, 1854, Sec. 26, P. L. 617. 22. Act May 11, 1862, Sec. 17, P. L. 475. 23. See Supra Sec. 664. 24. Act June 25, 1885, Sec 2, P. L. 173- CHAPTER XXVIII. CITY AND BOROUGH SUPERINTENDENTS AND SUPERVISING PRINCIPALS. PAGE 676. Cities and boroughs having certain population may elect siiperintendent 327 677. Certificate of election. Commission 328 678. Dutiesof superintendent 328 679. Make annual report and attend meetings 329 680. Supervising principal of schools in townships of over 4,000 in- habitants 329 681. Dutiesof principals 329 682. City or borough superintendent not subject to authority of county superintendent 329 Cities and boroughs haviag certain population may elect superin- tendent. 676. The school directors of any city, borough, or town- ship, in this Commonwealth having a population of over five thousand inhabitants, may on the first Tuesday of May, one thousand eight hundred and sixty-nine, and every third year thereafter, elect, viva voce by a majority of the whole number of directors present, one person of literary and scientific ac- quirements and skill and experience in the art of teaching, as city, borough or towhship superintendent, for the three succeeding school years, and the said school directors shall determine the amount of compensation for said city or bor- ough superintendent, which compensation shall be paid by the same officers as pay the salaries of teachers in such school district, and in the same manner as such salaries are now paid : Provided, that nothing in this act shall prevent the directors of any city or borough from electing a super- intendent to serve from the time of election until the com- mencement of the school year, one thousand eight hundred and sixty-nine, from filling a vacancy, should any occur, for the unexpired term of said office, nor from increasing the salary of a superintendent, at any time : Provided also, That the president of the board of directors or controllers of any city or borough in this Commonwealth shall, at anytime after the passage of this act, if so requested, in writing by seven directors or controllers, call a convention, giving at least five days' notice thereof, of all the directors of said city or borough, to determine whether they will elect a city or 328 COMMON SCHOOL LAW borougli superintendent, in accordance with the provisions of this act ; and if, at such meeting, it shall be decided to hold such an election, the said directors shall again con- vene at the time appointed by this section of this act, or any time, in accordance with its provisions, and at a place fixed upon by themselves, when they shall proceed to carry their determination into effect in the same manner as is done by conventions held for the election of county super- intendents ; and all subsequent conventions for carrying into effect the purposes of this act shall be called in the same manner by said president of the board of directors or controllers of such city or borough,' Certificate of election. Commission. 677. It shall be the duty of the president and secretary of the meeting of the directors, of any city or borough, at which a city or borough superintendent has been elected, to certify to the superintendent of common schools, the name and address of the person elected city or borough superin- tendent, in pursuance of the provisions of this act, and those of all other candidates who received votes, together with the amount of compensation fixed upon by said directors ; upon the receipt of such certificate, if no valid objection be received within thirty days after the day of election, the superintendent of common schools shall commission the person so elected for the term for which he was elected ; but if objections to issuing such commission be made with- in thirty days, the superintendent of common schools shall proceed with like power and like manner as he is now requir- ed to do where objections are made against issuing com- missions to persons claiming to be elected county super- intendent.^ Duties of superintendents. 678. It shall be the duty for all city or borough super- intendents, to take a similar oath or affirmation to that now required of county superintendents, to perform, within the limits of their several jurisdictions, all the duties now bylaw 1. Act April 9, 1867, Sec. 7, P. L. 51, as amended by Act May 7, 1885, Sec. I, P. L. 15. 2. Act April 9, 1867, Sec. 8, P. L. 51. CITY AND BOROUGH SUPERINTENDENTS 329 enjoined upon county superintendents, and to discharge such other duties as the by-laws, rules and regulations of the re- spective boards of directors may require.^ Make annual report and attend meetings. 679. It shall be their further duty, in addition to an annual report, to report montlily to the department of com- mon schools, such facts relating to their work and the con- dition of the schools under their charge as may be required by the superintendent of common schools, and to attend meetings of superintendents called by said superintendent of common schools. Supervising principals of schools in townships of over 4,000 in= habitants. 680. The school directors of any township in this Commonwealth having a population of over four thousand inhabitants may, at the time of the annual election of teach- ers, elect viva voce, by a majority of the whole number of directors, one person, holding a permanent certificate or a diploma issued by a state normal school of this Common- wealth, as supervising principal of public schools of said township, or may employ one of the teachers of such town- ship, having said qualifications, to perform the duties of supervising principal, for a term not exceeding three years, at a salary to be fixed by the school board at the time such supervising principal shall be elected or employed.^ Duties of principal. 681. Such supervising principal, when elected, shall discharge such duties as the county superintendent of pub- lic schools and the board of directors by whom he was em- ployed may require, and shall be removed from office in the same manner and for the same causes as teachers in the public schools may be removed.^ City or borough superintendent not subject to authority of county superintendent. 682. From and after the appointment of a city or bor- ough superintendent in any city or borough in this Com- 3. Act April 9, 1S67, Sec. 10, P. L,. 51. 4. Act April 9, 1867, Sec. 10, P. I,. 51. 5. Act June 25, 1901, Sec. i, P. L. 598. 6. Act June 25, 1901, Sec. 2, P. L. 598. 330 COMMON SCHOOL LAW monwealtli and the proper notification of the superintend- ent of common schools of the fact, such city or borough shall not be subject to the authority and jurisdiction of the county superintendent of the county in which said city or borough is located, except that in the matter of holding the annual teachers' institute as provided by sections second,^ third, ^ fourth,^ fifth'" of this act, in which the city or bor- ough superintendent shall co-operate ; and the quota of the annual appropriation to said city or borough shall not be diminished by reason of any contribution to the salaries of the county superintendents, nor shall the directors of such city or borough vote at any election for county superin- tendent ; Provided, That it shall be lawful for the board of school directors or controllers of any city or borough which has elected a superintendent and employs not less than fifty teachers, by resolution at any stated meeting and duly recorded, to authorize the holding of a separate annual teachers' institute for said city or borough, and in all mat- ters pertaining to the holding of institutes shall be in no wise subject to the authority and jurisdiction of the super- intendent of the schools of the county in which said city or borough is located ; and when the holding of said separate annual institute shall have been so authorized as aforesaid, the superintendent of the schools of the said city or bor- ough shall have power to call a teachers' institute and to draw from the county treasury money for the support oi the same in like manner and to the same extent as the county superintendents of this Commonwealth are now empowered to do ; and the said annual institute shall have power to elect a committee on permanent certificates in and for said city or borough as county institutes are now empowered to do for their respective counties. All acts or parts of acts inconsistent herewith be and the same are hereby repealed." 7. See Supra TEACHERS' INSTITUTES, Sec. 641. 8. See Supra TEACHERS' INSTITUTES, Sees. 642, 643, 644. 9. See Supra TEACHERS' INSTITUTES, Sec. 649- 10. See Supra TEACHERS' INSTITUTES, Sec. 650. 11. Act June 28, 1895, Sec. 9, P. L. 415. The act amends Sec. 9 of the Act of May 24, 1887, P. L. 196, which amended Sec. 9 of the Act of April 9, 1867, P. L. 53- CHAPTER XXIX. COUNTY SUPERINTENDENT. PAGE 683. Creation of office 331 684. Election of county superintendent 332 685. Majority of whole number present necessary to an election 332 686. Oath of office 332 687. Notice of election for county superintendent 333 688. Duty of president and secretary of convention 333 689. Contested elections 334 690. To what objections must be made 334 691. Salary of county superintendent 334 692. How paid 335 693. Vacancies. How filled 335 694. Qualifications of county superintendent 335 695. Test of qualification 336 696. Serving as county, city or borough superintendent not an ab- solute test 337 697. Superintendent of public instruction required to issue a com- mission to teachers who hold a professional certificate, when elected as county, city or borough superintendent 338 698. Eligibility of county, city or borough superintendent 339 699. Branches to be taught 340 700. Examination of teachers 340 701. Superintendent required to examine teachers 341 702. Countersigning teachers' certificate 342 703. When certificate may be annulled 344 704. Legal requirements to remove a teacher on " len Days' Notice." 344 705. When certificate will not be granted 346 706. Power of superintendent under the act 346 707. County superintendent's report on instruction of physiology and hygiene 349 708. School board must provide competent teachers. When state appropriation withheld or forfeited 350 709. Duties of visiting schools 351 710. No authority to teach for compensation 351 711. School directors' expenses paid to triennial convention 351 712. Misdemeanor for any candidate to pay directors' expenses to convention 352 713. County commissioners to furnish office for county superin- tendent 352 714. Power to remove county superintendent 352 715. County superintendent removed for neglect of duty and incompetency 352 716. Duty of county superintendent to call together all the directors for certain purposes 354 Creation of office. 683. The office of county superintendent was created by act May 8, 1854. 332 COMMON SCHOOL LAW Election of county superintendent. 684. The school directors of the several counties of the Commonwealth, shall meet in convention at the seat of justice of the proper county, on the first Tuesday of May, in each third year, and select, viva voce, by a majority of the whole number of directors present, one person, of lite- rary and scientific acquirements, and of skill and experience in the art of teaching, as county superintendent for three succeeding school years.' Majority of whole number present necessary to an election. 685. Where the president and secretary of the conven- tion certified to J. P. Wickersham, superintendent of com- mon schools, inter alia, " that the whole number of direc- tors was 112, of whom 56 voted for Geo. Swartz and that D. E. Kast received 55 votes, one member refusing to vote at all on the last ballot," the superintendent refused to issue a commission to Swartz for the reason that the certificate was not such as the law required. On appeal to the Supreme Court, Justice Sharswood said : " The thirty-ninth section of the act expressly pro- vides that the selection shall be viva voce by a majority of the whole number of directors present." It is urged that the director refusing to vote was virtually absent. He might perhaps, have withdrawn, but he did not do so. He remained, and being present was entitled to be counted. It matters not what he supposed to be the effect of his action. The legal intendment was that he voted for neither or for the minority candidate. It would be dan- gerous to fritter away the express provision of the statute by construing an actual presence into virtual absence. The certificate then was a nullity : it was a felo de se.^ Oath of office. 686. Every person selected or appointed county super- intendent of common schools shall, before entering upon the duties of his office, take an oath or affirmation, before any judge of the court of common pleas of the proper Act May 8, 1854, Sec. 39, P. L. 617, as amended by Act May 27, 1866, P. L. 88. Commonwealth vs. Wickersham, 66 Pa. 134, 1870: COUNTY SUPERINTENDENT 333 county, or before the superintendent of common schools, who is hereby authorized to administer the same, that he will perform all the duties of county superintendent, dur- ing his term of office, honestly, impartially, diligently and according to law, to the best of his skill and ability, which said oath or affirmation, being subscribed by said county superintendent, and attested by said judge or state super- intendent, shall be filed in the department of common schools.-^ Notice of election for county superintendent. 687. It shall be the duty of the superintendent of com- mon schools, by publication at least three successive weeks, in two newspapers for each county, if so many there be, but if none are published in such county, then by printed notices, sent by mail to the secretary of each board of direc- tors of each school district in such county, of the time and place for holding the triennial convention of directors, who shall then and there assemble, and select a presiding officer from one of their number, and the directors then present shall proceed to the election of a county superintendent in the manner hereinafter provided. The notice that shall hereafter be given of the assembling of the aforesaid trien- nial convention, shall be by the county superintendent, in the manner above provided. All expenses of giving notices, directed by this section, shall be paid out of the same funds as the salary of the county superintendent.'' Duty of president and secretary of convention. 688. It shall be the duty of the president and secretary of the triennial convention of directors, to certify to the superintendent of common schools, the name and post-office address of the person elected county superintendent, in pur- suance of the provisions of the act of May 8, 1854, and those of all the other candidates who received votes, together with the amount of compensation fixed upon by said con- vention ; upon the receipt of such certificate, if no valid ob- jection be received with thirty days, after the day of the election, the superintendent of common schools shall com- Act April II, 1862, Sec. 14, P. L. 471. Act May 8, 1854, Sec. 43, P. L,. 617. 234 COMMON SCHOOL LAW mission the person so elected, for the term of three years. ^ Contested elections. 689 The act fnrther provides that if objections to issuing such a commission be made within thirty days, and such objections be signed, among others, by a majority of the members of not less than one-fifth of all the school boards in the county, from which such objections are re- ceived, and certified to, under oath or affirmation, by at least three of the signers, the superintendent of common schools may require such evidence, under oath or affirma- tion, in regard to the legality of the election and the quali- fications of the person, elected county superintendent, as he shall deem necessar)% and then shall issue the com- mission to the person properly qualified, who received the greatest number of votes ; and the superintendent of com- mon schools, when engaged in the investigations of objec- tions, filed against the issuing of commissions to county superintendents, shall have power to issue subpoenas, and administer oaths, and any person, refusing or neglecting to attend and give evidence at such investigation, when legally subpoenaed, shall be liable to the same fines and penalties, as if he had refused to appear and give evidence in a court of record, and the costs to be paid by the party subpoenaing the witnesses.^ To what objections must be made. 690. The objections must either relate to the legality and validity of the election, or to the qualifications of the candidate. Objections grounded on the disqualification of the person selected, are i, want of residence ; 2, want of moral character ; 3, want of physical ability to discharge the duties of the office ; 4, want of learning, and, 5, want of professional skill. ^ Salary of county superintendents. 691. The salary of each county superintendent of com- mon schools shall be ten dollars for each of the first one 5. Act April 17, 1865. Sec. 4, P. L. 62. 6. Act April 17, 1865, Sec. 4, P. L. 62. 7. School Laws and Decisions, page 248, 1903. COUNTY SUPERINTENDENT 335 hundred schools within his jurisdiction, five dollars for each school above one hundred and not over two hundred, and two dollars each for each school above two hundred : Provided, That the salary of a county superintendent shall in no case be less than one thousand dollars per annum, nor more than two thousand dollars per annum : And provided further, That in all counties having twelve hun- dred square miles of territory, or a school term exceeding seven and one-half months, the salaries of said superintend- ents shall not be less than fifteen hundred dollars : And provided further, That a convention of school directors, assembled for the purpose of electing a county superintend- ent, may vote him a salary greater than the amout he would receive by this act, such increase to be in all cases taken out of the school fund appropriated for the county thus voting.^ How paid. 692. The salary of the county superintendent shall he paid by the superintendent of common schools, by his war- rant drawn upon the state treasurer, in half-yearly install- ments if desired. 9 Vacancies. How filled. 693. All the vacancies in the office of county superin- tendent shall be filled by the appointment of the superin- tendent of common schools, uutil the next triennial con- vention of directors ; when any existiug vacancies shall be filled by election in the usual manner, for the full term of three years. "° Qualifications of county superintendent. 694. No person shall hereafter be eligible to the office of county, city or borough supertendent, in any county of this Commonwealth, who does not possess a diploma from a college, legally empowered to grant literary degrees ; a diploma or state certificate, issued, according to law, by the authorities of a state normal school ; a professional certifi- 8. Act May 17, 1901, P. L,. 262. 9. Act May 8, 1854, Sec. 39, P. L,. 617. 10. Act May 8, 1854, Sec. 4, P. L,. 617 336 COMMON SCHOOL LAW cate from a county, city or borough superintendent of good standing, issued at least one year prior to the election, or a certificate of competency from the state superintendent of common schools ; nor shall such person be eligible, unless he has a sound moral character, and has had successful ex- perience in teaching, within three years of the time of his election." Test of qualification. 695. The same act further provides, that serving as county, city or borough superintendent, shall be deemed a sufficient test of qualification ; and the president and secre- tary of each convention of school directors, held in any county, city or borough, to elect a county, city or borough superintendent, when certifying to the superintendent of common schools, the nanie and address of the person elected county, city or borough superintendent, shall, at the same time, state the kind and character of the evidence, upon which said convention relied, for proof of the eligibility of the person so elected ; and the said superintendent of com- mon schools, if, upon the examination of the evidence pre- sented, it shall prove to be such as is required by this act, and no objection made, in accordance with Section 4 of the act, approved x^pril 17, Anno Domini 1865, shall issue a commission to the person elected as aforesaid, as now re- quired by law ; but if, upon examination of said evidence of competency it shall not prove to be such as is required by this act, or if objection be made, in accordance with said section of the act, approved April 17, Anno Domini 1865, the said superintendent of common schools shall appoint two com- petent persons, himself being the third, to examine the per- son so elected county, city or borough superintendent, and if, upon examination, he be found duly qualified for the office, the said, superintendent of common schools shall issue to him the usual commission ; but if not, the said superintendent of common schools shall proceed, in like manner, in respect to the person receiving the next highest number of votes in the convention of directors, who, if II. Act April 9, 1867, Sec. 13, P. L. 51. COUNTY SUPERINTENDENT 337 found qualified, shall receive the commission aforesaid, as county, city or borough superintendent ; but if his qualifi- cations are also found insufficient, the said superintendent of common schools shall appoint, with the advice and con- sent of the governor of the Commonwealth, some other per- son, with the required qualifications, county, city or bor- ough superintendent for the ensuing term of such office.'^ Serving as county, city or borough superintendent not an absolute test. ■ 696. In this case A. was duly elected, commissioned and served as the county superintendent of schools of Wayne county, and borough superintendent of common schools for Hyde Park in Lackawanna County ; that being thus qualified he was on June 29, 1878, elected city superinten- dent of common schools of the city of Scranton, for the term of three years. A return of said election was made to Wickersham, superintendent of public instruction, whose duty it became, within thirty days, to issue a commission to A. provided no objections had been received or made. In this case objections were filed to the issuing of the commis- sion, signed by eight citizens and taxpayers of the city of Scranton, alleging that A. did not possess the literary and scientific requirements demanded by the common school law of the state and that he did not possess a sound moral character, such as is contemplated in the act of assembly and as is imperatively demanded by public opinion and the high officer in question. The superintendent of public instruction then pro- ceeded under Section 13 of the act of April 9, 1867, P. L. 51, "to appoint two competent persons, himself the third, to examine the person so elected county, city or borough superintendent." After an examination the committee re- ported that they believed that A. did not possess the liter- ary qualifications specified by law, and which are required for the successful discharge of the duties of the office to which he has been elected. No commission was issued and on appeal, the Supreme Court said that it is clear that it is 12. Act April 9, 1867, Sec. 13, P. L,. 51. 338 COMMON SCHOOL LAW only where no objections are interposed, that serving as county, city or borough superintendent of public schools shall be deemed a sufficient test of qualification. Such service may have shown that the candidate was entirely disqualified, '3 Superintendent of public instruction required to issue a coniniis = sion to teachers who hold a professional certificate, when elected as county, city or borough superintendent. 697. In reply to an application by the superintendent of public instruction for advice in issuing commissions to teachers elected as superintendents, Attorney-General Hen- sel said : " I am in receipt of your communication of May 27, inquiring whether you can legally withhold the com- mission from the duly elected superintendent of schools in Shenandoah borough, who holds a professional certificate, because certain branches taught in the schools of that bor- ough are not included among those upon his certificate ; and whether the law requires of any superintendent of schools qualifications beyond those expressed in a valid professional certificate. Section 13 of the act of April 9, 1867, provides that ' No person shall hereafter be eligible to the office of county, city or borough superintendent, in any county of this Commonwealth, who does not possess a diploma from a college legally empowered to grant literary degrees, a diploma or state certificate issued according to law by the authorities of a state normal school, or professional certifi- cate from a county, city or borough superintendent of good standing.' ' Nor shall such person be eligible unless he has a sound moral character, and has had successful ex- perience in teaching within three years of the time of his election.' Your communication states that, in the case to which it relates, the election was due and legal ; that the person elected holds a professional certificate which, I as- sume, has been duly issued, and it is to be presumed that he has a sound moral character, and has had successful ex- perience in teaching within three years of the time of his election. These fill the full measure of the legal require- 13. Commonwealth vs. Wickersham, 90 Pa. 311, 1879. COUNTY SUPERINTENDENT 339 ments. There is no provision of law requiring of any sup- erintendent of schools qualifications beyond those expressed in a valid professional certificate, nor is there any specifica- tion that such certificate must include all the branches taught in the schools of the borough, city or county, to which he has been elected superintendent. '^ Eligibility of county, city or borough superintendent. 698. The opinion to Hon. Nathan C. Schaeffer, state superintendent of public instruction by Deputy Attorney- General Fleitz, was as follows : " I have before me your letter of recent date, enclosing the certificate of election of A. as superintendent of the public schools of the city of Johnstown, as well as a petition signed by a number of the school directors of said city, protesting against the issuing of a commission by you to the said A., and alleging that he is ineligible under the law, for the reason that he has not taught in the public schools of the state within the past three years. It appears, however, from the papers in the case, that A. has taught successfully at Lafayette col- lege, situated at Easton, and the University of Pennsylva- nia, at Philadelphia, during his time. In response to your request for an official opinion as to whether or not you can legally issue a commission to A. as the duly elected superintendent of schools in Johnstown, I beg to submit the following : Section 13 of the act of April 9, 1867, P. L. 51, provides that ' no person shall here- after be eligible to the office of county, city or borough su- perintendent in any county of this Commonwealth, who does not possess a diploma from a college legally empow- ered to grant literary degrees, a diploma or state certificate issued according to law by the authorities of a state normal school, a professional certificate from a county, city or bor- ough superintendent of good standing Nor shall any such person be eligible unless he has a sound moral char- acter, and has had successful experience in teaching within three years of the time of his election.' 14. Borough School Superintendent, 13 Pa. C. C. 458, 1893. 340 COMMON SCHOOL LAW There is nothing in your communication or the papers before me to show that the election of A. was not due and legal'in every respect. The certificate of election, signed Dy the president and secretary of the board, complies with the requirements of the law in every particular, and it is to be presumed, in the absence of proof to the contrary, that the full measure of the legal requirements has been filled. The language of the act above quoted by no means bears out the contention that the teaching required during the three years prior to election should be done in the pub- lic or common schools of the state ; indeed, it would be a man- ifest absurdity to insist that a person qualified to teach suc- cessfully in the higher institutions of learning should be ex- cluded from holding the position of superintendent of pub- lic schools, while a teacher in the common schools would be eligible. The intent of the act was clearly to provide that only persons of experience in teaching should be eli- gible to superintend those engaged therein. There is nothing whatever in this case which would indicate that, even technically, A. is not entitled to his commission. I therefore advise and instruct you that upon the facts submitted to me, it is your duty to issue the commission." '5 Branches to be taught. * 699. It shall be the duty of each county superintend- ent to see that in every district there shall be taught or- thography, reading, writing, English grammar, geography, arithmetic," physiology, hygiene* and a system of humane education which shall include kind treatment of birds and animals.'' '^ Examination of teachers. 700. It shall be the duty of the county superintendent to examine all the candidates for the profession of teacher, in the presence of the board of directors or controllers, should they desire to be present, to whom they shall first 15. Superintendent of Public Schools, 14 D. R. 635, 1905. 16. a. Act May 8, 1854, Sec. 38, P. L. 617. b. Act April 2, 1885, P. L. 7. c. Act March 27, 1905, P. L. 60. COUNTY SUPERINTENDENT 341 apply in his county, and to give each person fonnd qnali- fied a certificate, setting forth the branches of learning he or she is capable of teaching ; and snch examination and certificate shall be renewed as often as any such teacher shall be employed in teaching any branch of learning other than those enumerated in his or her certificate, and no teacher shall be employed in any school to teach other branches than those set forth in the certificate. '^ Superintendent required to examine teachers. 701. The school directors requested A. to teach a cer- tain school in their township, whereupon she applied to the county superintendent to examine her, and if found qualified, to give her a certificate. The request was de- clined by the county superintendent for the reason that his rules and regulations which were published in the leading newspapers, provided that there should be no other exam- inations for the year 1900, and no special examinations ex- cept in urgent need to fill vacancy which cannot otherwise be filled. In reviewing the case, Justice Clark said : " It cannot be doubted that the county superintendent is re- quired by law to examine all the candidates for the profes- sion of teacher (in the presence of the board of school directors or controllers should they desire to be present, to whom they shall first apply in his county) and to give to each person found qualified a certificate, setting forth the branches of learning he or she is capable of teaching,'' etc. It is well settled that those who accept public office or employment are bound to discharge the duties required of them by law, or assign such reason for the refusal as shall be deemed suffi- cient by the tribunal appointed to decide. It is equally well settled that it is only where a discretionary power is given to do or omit any particular act that the refusal or omission can be justified by a general averment of causes not specified, but which are deemed sufhcient by the party refusing to act. In regard to the duty of examining the candidates for teachers, there was no discretion reposed in the county su- perintendent. In this respect the law is imperative and 17. Act May 8, 1854, Sec. 41, P. L. 617. 342 COMMON SCHOOL LAW nothing can justify a refusal to perform it, except in the cases of candidates of known or proved immoral character or habits, no matter what their literary or professional claims may be. The examination of persons thus disquali- fied, and to whom no certificate could issue, would be but a waste of time. In the case at bar, no claim has been made by the respondent, at least it does not appear in his answer, that A., the applicant, is a person of immoral char- acter or bad reputation, nor was the refusal of the county superintendent to examine her based upon any such charges. There is nothing in the school laws of this Common- wealth in respect to the time when such examinations shall be held, and while I am ready to concede, by implication, the authority of county superintendents to establish reasonable, proper and necessary rules and regulations in the perform- ance of duties required by them by virtue of their employ- ment, election or appointment, and such as are not incon- sistent with the laws relating thereto, and while such super- intendents may determine the dates on which they shall hold their examinations by complying with the requi- sites of the law, I shall hold that there is no provision whatever in the law which will permit a superintendent to fix an arbitrary rule or regulation by which applicants may be excluded from undergoing an examination at any subse- quent date, except in cases of applicants of known or proved immoral ha1)its.'^ Countersigning teachers' certificate. 702. A's school directors certified that he had taught four annual school terms in the district and that they con- sidered him well qualified as a teacher, morally, intellectually and professionally, and recommended the State Normal School at Shippensburg, Pennsylvania, to grant him a teachers' state certificate. This endorsement of the school board then established the fact that A. had complied with the requirements of the Act May 20, 1857, P. L. 581. 18. Stroup's Petition, 10 D. R. 301, 1901. COUNTY SUPERINTENDENT 343 The county superintendent refused to countersign the school board's certificate purely upon his deliberate and con- scientious judgment, formed in his official capacity, from personal supervision and inspection of A's work as a teacher. The superintendent did not specify in what respect A's work as a teacher was deficient, or designate any failure to dis- charge the duties of a teacher. In reviewing the case the court held that the reason advanced by the superintendent to countersign the certifi,- cate when requested are simply the opinions and conclu- sions of the superintendent in regard to the ability and effi- ciency of A, as a teacher, without any particularization what- ever of facts warranting or forming a basis for such opinions and conclusions. The act required to be done in the coun- tersigning of the certificate, is a mere ministerial act ; it is not an act to be done under the deliberative or discretionary powers of the county superintendent. The duties of this office, like that of a controller of a city, are partly minis- terial and partly discretionary, and while the courts will not review his discretion, exercised in a proper case, yet he is not above the law, and his discretion is not arbitrary, but legal: Com. vs. Phila., 176 Pa. 588 It is the directors, in whose employ the teacher is, who are to certify to his good moral character, experience and proficiency in teaching, and the certificate is to be " coun- tersigned " by the county superintendent. The directors have the requisite knowledge of the facts to be certified, and their act is not to be attested by the superintendent to val- idate it. The word " countersign " used in the act does not mean to recommend or endorse, but to attest or authenticate, " to authenticate by an additional signature." Anderson's Die. of Law, 270. 7 Am. and Eng. Ency. of Law (3 ed.) 897. If the act of assembly prescribed that the certificate should be given by the county superintendent, then his act would be discretionary, and a refusal to sign the certificate would not be reviewable by the court. He was not asked 344 COMMON SCHOOL LAW to certify to the facts stated in the certificate, but only to countersign the same."' When certificate may be annulled. 703. The county superintendent may annul any cer- tificate given by him or his predecessor in office, when he shall think proper, giving at least ten days' previous notice thereof, in writing, to the teacher holding it, and to the directors and controllers of the district in which he or she may be emplo^^ed.^" Legal requirements to remove a teacher on " Ten Days' Notice." 704. In this case the plaintiff is a public school teacher in the city of Reading, holding a professional certificate is- sued to him by defendant as superintendent of the schools of said city. On July 6, last, the latter notified plaintiff that he proposed to annul said certificate on July 16, the power to do which he claims by virtue of the proviso to Sec. 41, act May 8th, 1854, P. L. 617. Let it be granted for present purposes, that that proviso stands unrepealed by act April 9, 1867, Sees. 11 and 12, and applies to certificates issued since that enactment. It is clear that any certificate granted to a teacher is a " license " (see Sec. 12) to him to pursue a certain avocation and to seek a certain public em- ployment, which, without it, he cannot pursue or seek. That right during the period for which the certificate is granted to him, is a valuable property in his hands, just as right to prac- tice as an attorney of a court is property in the hands of him who has been admitted to it : Ex parte Steinman, 95 Pa. 220. The annulment of a teacher's certificate is the de- struction of his property. No man, in this state, can be deprived of his property except by a proceeding judicial in its nature, and as such involving as an indispensable requi- site an opportunity of being heard : Brown vs. Hummel, 6 Pa. 86, 91 ; Craig vs. Kline, 65 Pa. 399 ; Palairet's App., 67 Pa. 479; Philadelphia vs. Scott. 81 Pa. 80. That op- portunity the act of May 18, 1854, P. L. 617, Sec. 41, 19. Donaldson vs. York County School Superintendent, 8 D. R. 185, 1899. 20. Act Ma) 8, 1854, Sec. 41, P. h. 617. COUNTY SUPERINTENDENT 345 secures to a teacher in the provision for notice to him pre- vious to the annuhnent of his certificate ; for, as was pointed out by Mr. Justice Field in Windsor vs. McVeigh, 93 U. S. 274, the requirement of notice necessarily implies the right to appear and be heard. Remembering that the effect of an an- niilment of a certificate, in the case of one whose profession is that of a public teacher, and who has passed that period of life when he can turn his hand to anything, means the de- struction of his livelihood, it is surely true that the notice and opportunity for hearing prescribed by the statute are conditions precedent to the exercise of the power of annul- ment given by it. Where, however, a thing to be done is a condition precedent to the exercise of a power granted, it is essential to the existence of the power, and being of the essence thereof, must be strictly observed : Norwegian Str., 81 Pa. 349 ; Reading vs. Krause's Est., 167 Pa. 23. If it is not, the attempt to exercise the power cannot be other- wise than ultra vires. Now, whilst a public officer clothed with a discretion is not, when proceeding in conformity with the statute, liable to be controlled by the courts in the exercise of that discretion, Runkle vs. Com., 97 Pa. 328 ; Dechert vs. Com., 113 Pa., 229, if he attempts that which is ultra vires, the courts will restrain him by injunction : Roth vs. Marshal, 158 Pa. 272, 274 ; 2 High Inj. Sec. 1309 ; I Spelling, Extraord. Relief, Sec. 609. Sec. 4 1 , Act of May 8, 1 854, P. L. 6 1 7, em powers the super- intendent to annul the certificate treated of in the preceding part of the section, " giving at least ten days' previous notice thereof, in writing, to the teacher holding it, etc." The unmistakable meaning of this language is, that the teacher whose certificate it is intended to annul shall have notice of that intention preceding its consummation, and ten days from the giving of the notice within which to be heard in his defence. The meaning of the law is the law itself : Reiser vs. Sav. F. Ass'n., 39 Pa. 137, 144. Where a thing is to be done within a certain period from a given date, the rule established in this state down to and including Gos- wiler's Est. 3 P. & W. 200, was that the day from which 346 COMMON SCHOOL LAW the reckoning begins is excluded from the computation of the period allowed. The defendant, as superintendent, claiming the power to annul plaintiff's certificate under and in accordance with the act of 1854, Sec. 41, was bound to notify him of the in- tended exercise of that power, and to give him at least ten days from the date of such notice to be heard in his defense, excluding the day of the notification and including the whole of the tenth day thereafter, before the expiration of which the intended action could not lawfully be taken ; on July 6, defendant notified plaintiff that on July 16 his certifi- cate would be annulled ; assuming that such a declaration did not negative a willingness to hear any defense that might be presented, defendant thus gave plaintiff only nine entire days within which to present it, This was not a compliance with the requisition of the statute, and as with- out compliance therewith there is no power of annulment under the same, the attempted exercise of that power by defendant in this case must be held to be ultra vires." When certificate shall not be granted. 705. No person shall receive a certificate as a teacher from a county, city or borough superintendent who is in the habit of using as a beverage any intoxicating drinks." Power of county superintendent under the act. 706. Kell had been a teacher for ten years and appeared before Rudy, county superintendent, to be examined for a professional certificate. Rudy certified that Kell had passed the examination, but refused to certify that Kell was a man who was not in the habit of using intoxicants as a bever- age or that he was of good moral character. Kell then pe- titioned the court to compel the county superintendent to issue a certificate to him. The lower court decided that Kell was entitled to his certificate. An appeal to the Superior Court, President Judge Rice, in reversing the lower court, said, in part: "The 41st Section of the Act of May 8, 1854, P. L. 617, makes it 21. Scheibner vs. Baer, 174 Pa. 482, 1896. 22. Act April 9, 1867, Sec. 11, P. L. 5i- COUNTY SUPERINTENDENT 347 the duty of the county superintendent to examine candidates for the profession of teachers, and to give each person found qualified a certificate setting forth the branches of learning he or she is capable of teaching. The same section gives him authority to annul any such certificate given by him or his predecessor in office, when he shall think proper, giving at least ten days' previous notice to the teacher and to the directors where he is employed. Section 1 1 of the Act of April 9, 1867, P. L. 55, provides that no teacher shall receive from a county, city or borough superintendent a certificate as a teacher who has not a fair knowledge of certain specified branches, and the theory of teaching; " nor shall such certificate be given to any person in the habit of using as a beverage any intoxicating drinks." The officer who, under the law, is to decide whether the appli- cant has the educational qualifications specified in the first part of the section is the superintendent ; and it is clear that there is no appeal from his decision in that matter to the judgment of the court or a jury. Being forbidden by law to issue a certificate to one who is in the habit of using intoxicants as a beverage, it is equally clear that it is within his province to see that the policy of the law in this regard is carried out. The power to annul a certificate for proper cause would, of itself and without more, imply a power to refuse a certificate for proper cause. The law is binding upon his conscience, and the performance of his duty re- quires the exercise of judgment and discretion. To say then that his duty to issue the certificate, if he finds that the applicant possesses the educational qualifications, is purely ministerial, is to deny to him the power which the legis- lature has clearly made it his duty to exercise when per- sonal knowledge or a due investigation convinces him that the applicant is otherwise legally disqualified. It seems too plain for argument that the duty of the superintendent is not merely ministerial." " The learned judge below concedes that, if the applicant is a person of known immoral character or a known habitual drinker of intoxicants, the county superintendent would have a right to refuse him a certificate. Having 348 COMMON SCHOOL LAW power for sufficient reason to refuse a certificate, he must, necessarily, have the power — and it is his duty to exercise it — to ascertain and determine whether the reasons exist, for the power is vested nowhere if it is not vested in him. If this be so, the finality of his decision does not depend upon its absolute correctness. But, it is argued, the super- intendent cannot arbitrarily refuse a certificate upon such grounds without giving the applicant a hearing and an op- portunity to refute the charge. We assent to this unqual- ifiedly ; but, where, and before whom is he entitled to a hearing ? Manifestly the superintendent is the officer to hear and decide. Certainly no fair minded superintendent would refuse a certificate upon mere rumor, or even direct information, without giving the applicant a hearing upon a matter which so closely affects his reputation and means of livelihood. "Except in extreme cases the courts have refused to con- trol the discretion of those to whom has been committed the execution of the common scliool laws of the Common- wealth. Com. ex rel. Sherry vs. Jenks, 154 Pa. 368 ; Hysong vs. School District, 164 Pa. 629; Roth vs. Mar- shall, 158 Pa. 272; Freeman vs. School Directors, t,'] Pa. 385; Whitehead vs. School District, 145 Pa. 418 ; Wharton vs. School Directors, 42 Pa. 358; School Directors vs. Anderson, 45 Pa. 388 ; Com. vs. Shaw, 96 Pa. 268, are but a few of the many cases. Speaking of the power of a board of directors to dismiss a teacher, Mr. Justice Clark said : " The board, by the statute, is empowered both to employ teachers, and, for any one of these causes, to dismiss them. It would greatly impair the government and efficiency of the com- mon schools, if the honest judgment and discretion of the board, exercised in good faith, could be reviewed and re- versed by a jury. Such a policy would place the -practical management and control of the schools on very precarious and uncertain ground. Every consideration of private interest, or of public policy, requires that this quasi judicial power of the board should be recognized. The absolute impossibility of placing the jury in the position of the school board, with the school and its instructor before COUNTY SUPERINTENDENT 349 them, demonstrates the fact that it would be unwise and impracticable to do otherwise : " McCrea vs. School Dis- trict, 145 Pa. 550. All this might be said, with equal per- tinency, with regard to the action of a county superinten- dent in refusing a certificate for a legal reason. His duties and responsibilities are great. Upon his fearless, impartial and conscientious discharge of them must depend, to a very large extent, the efficiency of the public schools within his district. To enable him to perform them effectively, the legislature has conferred upon him powers commensurate therewith. In his province, his judgment and conscience are as free from outside control, except in the mode or for the cause prescribed by the statute, as those of a judge upon the bench ; and, while we have not to do with the policy or expediency of the law, we may remark, that the dangers which are incident to the vesting of such power in the hands of one man are not greater than would be the evils if every unsuccessful applicant for a certificate might appeal from his decision, and have the question to his educational or moral qualifications tried by a jury. We ought not to allow ourselves to be drawn away from -the well settled principles governing the exercise of judicial deliberative and discretionary powers by a public officer, by the ap- parent hardship of particular cases. We may be sure that, if experience had shown that the power committed to county superintendents to pass upon the fitness of appli- cants for teachers' certificates had been found in practice to be too great, the legislature would, before this, have applied the proper corrective." ^^ County superintendent's report on instruction of physiology and hygiene. 707. It shall be the duty of county, city, borough superintendents, and boards of all educational institutions, receiving aid from the Commonwealth, to report to the superintendent of public instruction any failure or neglect on the part of boards of school directors, boards of school controllers, boards of education, and boards of all educa- tional institutions, receiving aid from the Commonwealth, 23. Kell vs. Rudy, i Pa. Superior Ct. 507, 1896. 350 COMMON SCHOOL LAW to make proper provision in any and all of the schools or districts under their jurisdiction, for instruction in physi- ology and hygiene, which, in each division of the subject so pursued, gives special reference to the effects of alcoholic drinks, stimulants, and narcotics upon the human system, as required by this act ; ^'^ and such failure on the part of di- rectors, controllers, boards of education, and boards of edu- cational institutions, receiving money from the Common- wealth, thus reported, or otherwise satisfactorily proven, shall be deemed sufficient cause for withholding the war- rant for state appropriation of school money to which such district or educational institution would otherwise be en- titled.^5 Duty of county superintendent on failure of school board to pro= vide competent teachers. When state appropriation with- held or forfeited. 708. In case the board of directors or controllers shall fail to provide competent teachers to teach the several branches above specified, ^^ it shall be the duty of the county superintendent to notify the board of directors or controllers, in writing, of their neglect, and in case provision is not made forthwith for teaching the branches aforesaid, to re- port such facts to the superintendent of common schools, whose duty it shall be to withhold any warrant for the quota of such district of the annual state appropriation, until the county superintendent shall notify him that com- petent teachers of the branches aforesaid have been em- ployed. And in case of neglect or refusal of the board of directors or controllers to employ such competent teachers as aforesaid, for one month after such notification by the county superintendent that such teachers have not been provided, such district shall forfeit absolutely its whole quota of the state appropriation for that year. ^^ 24. See Supra COMMON SCHOOL BRANCHES, Sec. 286, NOTE 3 ; Sec. I, Act April 2, 1885, P. L. 7. 25. Act April 2, 1885, Sec. 2, P. L. 7. 26. See Supra COMMON SCHOOL BRANCHES, Sec. 286, NOTE 2. 27. Act May 8, 1854, Sec, 38, P. L. 617. COUNTY SUPERINTENDENT 35I Duties of county superintendent, visiting schools. 709. It shall be his duty to visit, as often as practic- able, the several school of his county, and to note the course and method of instruction and branches taught, and to give such directions in the art of teaching and the method thereof in each school, as to him, together with the directors or con- trollers, shall be deemed expedient and necessary ; so that each school shall be equal to the grade for which it was es- tablished, and that there may be, as far as practicable, uni- formity in the course of studies in schools of its several grades respectively.^* No authority to teach for compensation. 710. It shall be unlawful for any person holding the office of county superintendent of common schools to en- gage in the business or profession of teaching in any of the schools of the Commonwealth, unless it be done without any other compensation than that paid them as county superintendent. ^"^ Any violation of the provisions of this act on the part of any county superintendent shall be deemed a sufficient cause for removal from office by the state superintendent of public instruction. 3° School directors' expenses paid to triennial convention. 711. School directors of this Commonwealth who shall attend the triennial convention of directors for the purpose of electing a county superintendent, as provided by act of May eighth, one thousand eight hundred and fifty-four, shall receive one dollar each, and, in addition the sum of three cents for every mile necessary to be traveled in going to and returning from the place where the election shall be held, the amount to be paid by the school treasurers of the respective districts on the proper vouchers, and the account to be audited as other expenses.^' 28. Act May 8, 1854, Sec. 37, P. L. 617. 29. Act April 26, 1893, Sec. i, P. L. 24. 30. Act April 26, 1893, Sec. 2, P. L. 24. 31. Act March 18, 1S99, Sec. i, P. L,. 11. 352 COMMON SCHOOL LAW Misdemeanor for any candidate to pay director's expenses to con= vention. 712. It shall be deemed a misdemeanor for any candi- date for the office of county superintendent to pay or cause to be paid, directly or indirectly, any part of the expenses of any director who shall attend the triennial convention, and on conviction thereof such candidate shall be fined a sum not less than fifty nor more than three hundred dollars, at the discretion of the court.^^ County commissioners to furnish officefor county superintendent. 713. It shall be the duty of the county commissioners of each county in this Commonwealth, and they are hereb)' authorized and required to provide, furnish and maintain fit and suitable office rooms, at the respective county seats of said counties, for the use of the county superintendents of schools in all the counties of the Commonwealth ; and the said county commissioners shall also provide, furnish and maintain safe and suitable storage, in connection with such office rooms, for the preservation and safe-keeping of the school records, books and documents pertaining to such offices, 33 Power to remove county superintendent. 714. The superintendent of public instruction has the power to remove any county superintendent for the neglect of duty, incompetency, or immorality and to appoint an- other in his stead until the next triennial convention of directors. 34 County superintendent removed for neglect of duty and incom- petency. 715. A. was duly elected and commissioned as county superintendent of common schools for the term of three years, from the first Monday of June, 1857 ; he entered upon and continued to perform the duties of his office until the second day of November, 1858, when he received the following notice from the superintendent of public in- struction. 32. Act March i8, 1899, Sec. 2, P. L. 11. 33. Act June 8, 1891, Sec. i, P. L. 228. 34. Act May 8, 1854, Sec. 46, P. L. 617. county superintendent 353 Pennsylvania Department of Common Schools, Harrisburg, November 2, 1858. Sir: You are hereby removed from the office of county superintendent for "neglect of duty and incompetency." You will immediately deliver to your successor B, the books of " County Certificates " and " Provisional Certifi- cates " in your hands, and the marginal references or " du- plicates " of all certificates, of either kind, issued by you since the first Monday in June, 1857 ; together with all other official records or documents in your possession, or under your control, taking his receipt from the same in de- tail ; upon the presentation of which at this department your arrearages of salary and express charges will be adjusted. ' Your obedient servant, H. C. HICKOK, Superintendent Public Instruction. A. had not received any previous notice of any charge against him, either of incompetency or neglect of duty, nor had any been made The superintendent refused to specify any fact, mistake or act of commission or omission upon which the charge could have been based, or give him a hearing. The question was raised, whether the power of re- moval of county superintendent, vested in the superintend- ent of public instruction has been legally exercised in this instance. In delivering the opinion of the court Justice Reed said, in part : " The whole system being the creature of the legislature, it was within their powerto have made the county superintendents removable at the pleasure of the governor, the state superintendent, or any other officer or body that the}^ thought proper. Instead of this, a county superin- tendent is elected by a convention emanating from the peo- ple, for a term of years, and holding it, in fact, upon the tenure of good behaviour. If not guilty of neglect of duty, incompetency or immorality, he cannot be removed by the state superintendent, to whom that power has been intrusted by the legislative will. 354 COMMON SCHOOL LAW Where an appointment is during pleasure, or the power of removal is entirely discretionary, there the will of the appointing or removing power is without control, and no reason can be asked for, nor is it necessary that any cause should be assigned. But that is not the rule when the appointment is either dur'ng good behavior for a limited or unlimited period, or where the removal can only be for certain specified causes. In this case it is acknowledged that there was no charge or specification — no notice, no hearing, no evidence produced, nor any opportunity given to the county superintendent to defend himself All these were necessary before a removal could take place, and this appears to have been the con- struction originally placed by the state superintendent, upon the section of the Act of 1854, vesting the power of re- moval for specified causes in him. The county superintendent of Schuylkill County was, therefore, removed contrary to law ; and as the ap- pointment of a successor was consequently void, A. is now and always has been, since he was last commissioned by the superintendent of public instruction, entitled to the office, and to all its rights and emoluments." ^^ Duty of county superintendent to call together all the directors for certain purposes. 716. It shall be the duty of each county superintendent of schools to call together, during the school year beginning June, one thousand nine hundred and five, and annually thereafter, at the county seat, or some other suitable place in the county, all the school directors of the county, for the consideration and discussion of questions pertaining to school administration.^^ 35. Field vs. Commonwealth, 32 Pa. 478, 1859. 36. Act April 10, 1905, Sec. i, P. L. 139- CHAPTER XXX. SUPERINTENDENT OF PUBLIC INSTRUCTION. PAGE 717. State superintendent of common schools to be appointed. Creation of office 355 718. Superintendent of public instruction 355 719. Title and term of office. Pennsylvania Constitution 356 720. Vacancies 356 721. Filling vacancy in office of superintendent of public instruc- tion 356 722. Security. Powers and duties 357 723. To settle controversies 357 724. Duty to give information relative to schools laws 357 725. Superintendent to sign orders for state appropriation 357 726. Duty to prepare and forward blank forms 358 727. Annual report to the legislature 358 728. Duty to provide a seal and appoint clerks 358 729. Power to remove county superintendents — 358 730. County commissioners to report the number of taxables 359 731. Effect of commissioners' neglect of duty 359 732. Errors 359 733. Superintedent to employ lecturers and instructors at summer assemblies 359 734. Superintendent authorized to employ stenographer. Salary... 360 735. Certain documents to be placed in each public school 360 736. Copies for distribution 360 State superintendent of common schools to be appointed. Creation of office. 717, That from and after the first Monday in June, Anno Domini one thousand eight hundred and fifty-seven, the department of common schools shall be detached and remain separate from the office of the secretary of the Com- monwealth, and a superintendent of common schools shall be appointed by the governor every third year, by and with the advice and consent of the senate, and shall hold his office from the first Monday of June, for and during the term of three years, if he shall so long behave himself well, and he shall be liable to be removed from office by the gov- ernor for misbehavior or misconduct at any time during his term.' Superintendent of public instruction. 718. The superintendent of public instruction shall exercise all the powers and perform all the duties of the I. Act April 18, 1857, Sec. i, P. L,. 263. 356 COMMON SCHOOL LAW superintendent of common schools, subject to such changes as shall be made by law.^ Title and term of office. Pennsylvania Constitution. 719. Section 8 of Article IV. Constitution of 1874, changes the title " superintendent of public schools " to "superintendent of public instruction," and makes his term of office four years. The superintendent of public instruction is appointed by the governor, with the advice and consent of two-thirds of all the members of the senate, for the term of four years. Vacancies. 720. Any vacancy that may occur in said office of superintendent shall be supplied by a new appointment for the unexpired term of the former incumbent : Provided, That in the event of any such removal, the governor shall at the time communicate his reasons there- for in writing, to the superintendent thus displaced, and also to the senate, if in session, and if not, within ten days after their next meeting.^ Pilling vacancy in the office of superintendent of public instruction. 721. A vacancy having occurred in the office of super- intendent of public instruction, by the death of the incum- bent during the recess of the senate, the governor appointed the defendant to said office, and commissioned him to hold it until the end of the next session of the senate, if he should so long behave himself well. At said session, on January 6, 1891, the governor nom- inated the defendant to the senate for a term of four years, to be computed from March i, 1890, the date at which he took possession of the office. The senate confirmed the ap- pointment on January 20, 1891. In the meantime the gov- ernor's successor had been inaugurated : Under Section 8, Article IV. of the constitution, the confirmation by the senate extended the defendant's original appointment, and entitled him to hold the office for the un- expired portion of the vacancy, although the succeeding 2. Article IV. Sec. 20, Pennsylvania Constitution of 1874. 3. Act April 18. 1857, Sec. i, P. L. 263. I SUPERINTENDENT OF PUBLIC INSTRUCTION 357 governor refused to commission him therefor, and after the senate's adjournment, commissioned another person/ Security. Powers and duties. 722. The superintendent of common schools, and his successors in office, appointed under this act, shall furnish the same security, exercise the same functions and be charged with the same duties and responsibilities that are now by law required of and devolved upon the superin- dent of common schools.^ To settle controversies. 723. The superintendent of public instruction shall decide without appeal^ and without cost to the parties, all controversies or disputes that may arise or exist among the directors or controllers of any district, between directors or controllers of adjoining districts, or between collectors or treasurers, and directors or controllers, concerning the duties of their respective offices ; the facts of which controversies or disputes shall be made known to him by written state- ments, by the parties thereto, acting in their official capac- ities, verified by oath or affirmation if required, and accom- panied by certified copies of all necessary minutes, con- tracts, orders or other documents.^ Duty to give information relative to school laws. 724. He shall, whenever required, give advice, expla- nation, construction, or information to the district officers, and to citizens, relative to the common school law, the duties of common school officers, the rights and duties of parents, guardians, pupils and all others, the management of the schools, and all other questions and matters calcu- lated to promote the cause of education ^ Superintendent to sign orders for state appropriation. 725. He shall sign all orders on the state treasurer for the payment of such moneys to the treasurers of the several 4. Commonwealth vs. D.J. Waller, Jr., 145 Pa. 235, 1892. 5. Act April 18, 1857, Sec. 3, P. L. 263. 6. The superintendent of common schools has no authority to decide a question of a contested election. Mershon vs. Baidridge, 7 Watts 500, 1838. 7. Act May 8, 1854, Sec. 46, P. L. 617. 8. Act May 8, 1854, Sec. 46, P. L. 617. 358 COMMON SCHOOL LAW school districts as they may be entitled to receive from the state, and for all other moneys to be paid out of the appro- priation to common schools made by this act.^ Duty to prepare and forward blank forms. 726. He shall prepare blank forms for the annual distict reports, with suitable instructions and forms for conducting the various proceedings and details of the system in a uniform and efficient manner and forward the same to the county superintendents, who shall distribute them to and among the proper district officers of their respective counties. '° Annual report to the legislature. 727. He shall prepare and submit to the legislature, an annual report, containing a full account of the condition of the common schools in the state, the expenditure of the system during the year, estimates of the sums requisite for the ensuing year, the whole number of pupils, the cost of teaching each, the number of districts, plans for the improve- ment of the system, and all such matters relating, to the concerns of common schools, and to the duties of his office, as he may deem it expedient to communicate." Duty to provide a seal and appoint clerks. 728. He shall provide a seal, with suitable device, for the use of the Department of Common Schools, by which copies of papers deposited or filed therein, and all official acts and decisions, may be authenticated under said seal ; and when so authenticated, shall be evidence equally and in like manner as the originals ; he may also designate and appoint one of the clerks employed by him to be his general deputy, who may perform all his duties of superin- tendent of common schools in case of his absence or a va- cancy in his office.'^ Power to remove county superintendents. 729. He shall have the power of removing any county superintendent for neglect of duty, incompetency, or im- 9. Act May 8, 1854, Sec. 46, P. L. 617. 10. Act May 8, 1854, Sec. 46, P. L. 617. 11. Act May 8, 1854, Sec. 46, P. L. 617. 12. Act May 8, 1854, Sec. 46, P. L. 617. SUPERINTENDENT OF PUBLIC INSTRUCTION 359 morality, and to appoint another in his stead until the next triennial convention of directors. '^ County commissioners to report the number of taxables. 730. It shall be the duty of the commissioners of each county to ascertain triennially, with the assistance of the respective assessors, the exact number of taxable citizens residing in each school district in their several counties, and to certify the same, under their hands and seals of office, to to the superintendent of common schools, who is hereby directed to adopt the number of taxables thus certified to him, as the basis of distribution of the state appropriation, which said certificates shall be prepared and transmitted, on or before the first Monday of June, in every third year, com- mencing with the first Monday of June, Anno Domini one thousand eight hundred and sixty-five. '"^ Effect of commissioners' neglect of duty. 731. If the commissioners of any county shall neglect to forward such certificates on or before said day, the super- intendent may in such case adopt the number of taxables set forth in the next preceding certificate or return. '-^ Errors. 732. If any error in the certificate of taxables shall occur, whereby a district shall receive more or less of the state appropriation than is justly due said district, the county commissioners shall have authority, and they are hereby required, immediately to forward to the superin- tendent a correct list of taxables, and the .superintendent shall thereupon make it the basis of the appropriation due said district.'^ Superintendent to employ lecturers and instructors at summer assemblies. 733. The superintendent of public instruction be, and is hereby authorized to employ or aid in the employment of competent lecturers or instructors, to attend and lecture, or teach, at summer assemblies held by associations, of this 13. Act May 8, 1854, Sec. 46, P. 1. 628. 14. Act April 17, 1865, Sec. I, P. L,. 61. 15. Act May 8, 1854, Sec. 47, P. L. 617. 16. Act May 8, 1854, Sec. 48, P. L. 617. v5 60 COMMON SCHOOL LAW Commonwealth, incorporated for the purpose of promoting education and popular culture, aiid by the Pennsylvania Educational Association ; and, for this purpose, is hereby authorized to pay, for such employment or in aid of such employment by said corporation and association, such sums as may be specifically appropriated for that purpose by the legislature, from time to time, in the general appropriation bill, for such attendance of said lecturers or instructors at the assembly or assemblies of such association, which pay- ment shall be made by the state treasurer, out of any money not otherwise appropriated, either directly to the lecturers or instructors, so employed by the said superintendent, or to the associations employing the same with the approval of the said superintendent, upon warrant of said superintend- ent, countersigned by the auditor general. '^ Superintendent authorized to employ stenographer. Salary. 734. On and after the j)assage of this act the superin- tendent of public instruction be and is hereby authorized to employ one person, who shall be a skilled stenographer and typewriter, in the department of public instruction at a sal- ary of ten hundred dollars per annum. '^ Certain public documents to be placed in each public school. 735. On the passage of this act, and thereafter follow- ing each decennial census, the superintendent of public in- struction shall cause to be placed in each public school of this Commonwealth above the primary grade, one copy of Smull's Legislative Hand-book, and bi-ennially one copy of the School Laws and Decisions, for the use of said public schools. '9 Copies for distribution. 736. Be it further enacted, that on the passage of this act, and for the purposes named herein, the superintendent of public instruction shall be allowed a sujEhcient number of Smuirs Legislative Hand-books and School Laws and De- cisions for the purpose of carrying into effect the provisions of this act.'° 17. Act April 25, 1903, Sec. i, P. L. 315. 18. Act June 26, 1895, Sec. i, P. L. 324. 19. Act April 29, 1897, Sec. i, P. L. 34. 20. Act April 29, 1897, Sec. 2, P. L. 34. CHAPTER XXXI. STATE APPROPRIATION, PAGE 737. One-third on number of paid teachers 361 738. One-third on number of children of school age 361 739. One-third on number of taxables 362 740. Certify to superintendents 362 741. Duty of assessors 362 742. Blanks prepared 363 743. Enumeration and enrollment 363 744. Assessors 363 745. Blanks 363 746. Repeal 364 747. Basisof distribution by taxables 364 748. Failure to forward certificate 364 749. Errors, how corrected 364 750. When new district is formed, number of taxables therein and in the old districts, to be certified 365 751. Non-accepting districts which have put schools in operation to be entitled to back appropriations 365 752. Additional state appropriation 365 753. State appropriations to districts formed after triennial assess- ment 366 754. Basisof distribution 366 755. When warrant shall issue for state appropriation 366 756. Appropriation to township high schools 367 One-third on number of paid teachers. 737. One-third of the money annually appropriated for common schools in this Commonwealth shall be distributed on the basis of the number of paid teachers regularly em- ployed for the full annual term of the district, not including substitute teachers or teachers employed to fill vacancies which may occur during the school year for which the ap- propriation was made ; the certificates of the number of teachers regularly employed to be made as hereinafter pro- vided.' One-third on number of children of school age. 738. One-third of the appropriation shall be distributed on the basis of the number of children of school age be- tween the years of six and sixteen residing in the respective districts, the enumeration and certificates to be made as hereinafter provided.^ 1. Act July 15, 1897, Sec. i, P. L,. 271, 2. Act July 15, 1897, Sec. 2, P. I,. 271. 362 COMMON SCHOOL LAW One-third on the number of taxabies. 739. The remaining- one-third of the appropriation shall be distributed on the basis of the number of taxabies as returned by the last biennial assessment.^ Certify to superintendents. 740. On the first Monday of December, one thousand eight hundred and ninety-seven, and biennially thereafter, the president and secretary of each school board shall, under oath, certify to the county, city or borough superintendents of their respective counties, cities or boroughs, the number of teachers in their employ as contemplated in this act ; and on the first Monday of January, one thousand eight hun- dred and ninety-eight, and biennially thereafter, the said county, city or borough superintendent shall, under oath, make return to tlie superintendent of public instruction on such blank as he shall prepare, a tabulated return by dis- tricts of the teachers of his county, city or borough, and any president or secretary of a school board or superin- tendent of a county, city or borough, who neglects or re- fuses to perform his duty within ten days of the time desig- nated, shall be subject to a fine of not less than twenty-five nor more than one hundred dollars. "^ Duty of assessors. 741. It shall be the duty of the assessors of the several townships, wards and boroughs in the counties and cities of this Commonwealth, and of the assessors of voters in any of said wards in cities of the first class, where the assessors of real estate are not assessors of voters, to make an enroll- ment, at the time of the making of their respective assess- ments, but not more than once in any year, of the total number of children of school age, between the ages of six and sixteen years, in addition to the duties required of them under existing laws, and for the same compensation per diem now allowed by law.^ 3. Act July 15, 1897, Sec. 3, P. L. 271. 4. Act July 15, 1897, Sec. 4, P. L. 271. 5. Act April 19, 1899, P- L. 64, amending Act July 15, 1897, Sec. 5, P. L. 271. Note. — The enrollment is distinct from that required to be made by the compulsory education acts ; supra COMPULSORY ATTENDANCE, Sec. 541 ; and the two need not be made at the same time. Construction of Act July 15, 1897, 8 D. R. 630, 1899. STATE APPROPRIATION 363 Blanks to be prepared by the superintendent of public instruction. 742. The blanks required for this eniiineration and en- rolhnent shall be prepared according to the form prepared by and under the direction of the superintendent of public instruction, who shall cause the same to be forwarded to the county commissioners of the several counties for distri- bution to the assessors at the expense of the state.^ Enumeration and enrollment. 743. The enumeration and enrollment herein provided for shall be made by the assessors at the same time they are required by law to make their regular assessments for county taxes, one thousand eight hundred and ninety-seven, and at the same time, and biennially thereafter, the official returns to be made to the county commissioners shall be filed by them in the office of the county commissioners, duly veri- fied by oath or affirmation, on or before the fourth Saturday of December, one thousand eight hundred and ninety-seven, and biennially thereafter. The county commissioners to return a summary of the same to the superintendent of pub- lic instruction on or before the last Saturday of January, next following'' Assessors. 744. Any assessor who shall refuse or neglect to make the enumeration, enrollment and official returns required by this act, shall pay a fine of not less than twenty-five or more than one hundred dollars, and shall be liable to re- moval from office upon complaint to the court of common pleas of the proper county, which complaint it shall be the duty of the county commissioners to make in the case of neglect or refusal of any assessor to comply with the pro- visions of this act.^ Blanks. 745. The blanks for the use of the county commission- ers in the preparation of their biennial report to the depart- 6. Act April 19, 1899, P. L,. 64, amending Act July 15, 1S97, Sec. 5, P. Iv. 271. 7. Act July 15, 1897, Sec. 6, P. L,. 271. 8. Act July 15, 1S97, Sec. 7, P. L,. 271. 364 COMMON SCHOOL LAW ment of public instruction, containing a summary of the re- turns made to them by the assessors of their respective dis- tricts, shall be prepared by the superintendent and forwarded to the county commissioners of the several counties for the required purpose. ^ Repeal. 746. All acts or parts of acts inconsistent herewith are hereby repealed. '° Basis of distribution by taxables. 747. It shall be the duty of the commissioners of each county to ascertain triennially, with the assistance of the respective assessors, the exact number of taxable citizens residing in each school district, in their several counties, and to certify the same, under their hands and seals of of- fice, to the superiutendent of common schools, who is hereby directed to adopt the number of taxables thus certi- fied to him, as to the basis of distribution of the state ap- propriation ; which said certificate shall be prepared and transmitted, on or before the first Monday of June, in every third year, commencing with the first Monday of June, Anno Domini 1865." Failure to forward certificate. 748. x\nd if the commissioners of any county shall neglect to forward such certificates on or before said day, the superintendent may, in such case, adopt the number of taxables set forth in the next preceding certificate or return.'^ Errors, how corrected. 749. If any error in the certificate of taxables shall occur, whereby a district shall receive more or less of the state appropriation than is justly due said district, the county commissioners shall have authority, and they are hereby required, immediately to forward to the superin- tendent a correct list of taxables, and the superintendent 9. Act July 15, 1897, Sec. 8, P. L. 271. 10. Act July 15, 1897, Sec. 9, P. L. 271. 11. Act April 17, 1865, Sec. i, P. L. 61. 12. Act of May 8, 1854, Sec. 47, P. L 6i7. STATE APPROPRIATION 365 shall thereupon make it the basis of the appropriation due said district. '3 When new district is formed, number of taxables therein and in the old districts, to be certified. 750. Whenever any new district shall be formed in any county of this Commonwealth, it shall be the duty of the commissioners thereof to certify to the superintendent of common schools, before the commencement of the next succeeding school year, the number of taxable inhabitants therein, and also the number in the district or districts from which it was taken, separately, according to the last pre- ceding triennial enumeration of taxables made for school purposes, so that the whole number in such new district, and in that or those out of which it was taken, being added together, shall be neither greater nor less than the number that was therein before the change was made, and accord- ing to the last triennial certificate or return of taxables thereof made by said commissioners.'"^ Non-accepting districts which have put schools in operation to be entitled to back appropriations. 751. All school districts in this Commonwealth, pre- viously non-accepting, which have put in operation a sys- tem of common schools, according to law, at any time since the year i860, are hereby declared entitled to the same state appropriations for school purposes which they would have received had they complied with the law in reference to common schools, during and since that year ; and the super- intendent of common schools is authorized and required to pay out of the appropriation to common schools for the year 1869, by warrants upon the state treasury, all sums found to be due to such districts by the provisions of this act's Additional state appropriation. 752. Whenever the commissioners of any county of this Commonwealth shall certify, under their hands and 13. Act May 8, 1854, Sec. 48, P. L,. 617. 14. Act May 8, 1854, Sec. 49, P. L. 617. 15. Act April 9, 1868, Sec. i, P. I,. 76. 366 COMMON SCHOOL LAW seals of office, to the superintendent of public instruction, that more taxable citizens actually resided in any school dis- trict of their respective counties, at the time of the last tri- ennial enumeration of taxables, than were then certified and returned by them, in compliance with the act of April 17, 1865, Sec. I, P. L. 61 {supra Sec. 747), the superintendent of public instruction shall draw his warrant upon the state treasurer for whatever additional state appropriation such district or districts may be entitled, under the distribution made for the year or years for which such incomplete enumeration was returned : Provided, That under this act, no district shall be entitled to additional appropriation, for any year preceding 1870, and hereafter, for no year prior to the year in which the next preceding triennial enumera- tion of taxables was made,'^ State appropriations to districts formed after triennial assessment. 753. The superintendent of public instruction be and he is hereby authorized to draw his warrant for the pay- ment of the amount or portion of the state appropriation to common schools equitably due school districts formed after any triennial assessment, by reason of rapid growth of pop- ulation, and which under the present law can get no por- tion of the state appropriation until after the next succeed- ing triennial return of resident taxables.'^ Basis of distribution. 754. The basis of distribution in such cases, shall be the number of resident taxables as shown by the next pre- ceding annual assessment and return by the county com- missioners to the department of public instruction.'^ When warrant shall issue for state appropriation. 755. As soon as the schools of any district shall have been kept open and in operation at least four months"^ sub- sequent to the first Monday in Jiine preceding, the presi- dent of the board of directors or controllers, shall certify the same under oath or affirmation together with the name of 16. Act April 12, 1878, Sec. i, P. L. 13. 17. Act May 23, 1891, Sec. i, P. L. ii4- 18. Act May 23, 1891, Sec. 2, P. L. ii4- 19. See Supra SCHOOL TERM, Sec. 525. STATE APPROPRIATION ^367 the district treasurer, and his post-office address, to the county superintendent, who shall immediately forward the same to the superintendent of common schools, who, upon the receipt of the same shall draw his warrant on the state treasurer for the whole amount such district is entitled to receive from the annual state appropriation : Provided, That said board of directors or controllers shall have made report of condition of the schools in their districts, as di- rected by the 23d section of this act : ^" And provided also, That the foregoing certificate shall have been transmitted to the superintendent of common schools within the school year for which the warrant is to be issued.^' Appropriation to township high schools. 756. Out of the said amount, hereby appropriated, there shall be set apart the sum of two hundred thousand dollars, to be expended on the warrants of the superintend- ent of public instruction, for the encouragement and sup- port of the township high schools: Provided, That partici- pation in the amount hereby appropriated for the encour- agement and support of township high schools shall not be made dependent upon the teaching of any dead or for- eign language. ^^ 20. Supra Director's annual report to county superintendent, Sec. 204, 205. 21. Act May 8, 1854, Sec. 36, P. L. 617. 22. Act May 11, 1905, Sec. 8, P. L. 596. CHAPTER XXXII. COMMON SCHOOL EDUCATION IN CITIES OF THE FIRST CLASS. PAGE 757. Board of public education. Appointment and term 368 758. Vacancies. Eligibility 369 759. Oath of office 369 760. Organization 369 761. Duties of board of education 369 762. School boards. Election. Term 369 763. Proviso 370 764. Eligibility. Oath 370 765. Vacancies 370 766. Duties and powers of school boards 370 767. Report. Organization 371 768. Secretaries 371 769. Agents 371 770. Superintendent of schools and district superintendent 371 771. Qualifications of applicants 372 772. License or certificate 372 773. Eligible lists. Appointment 372 774. Proviso 373 775. Teachers' retirement fund 373 776. Superintendent of buildings 373 777. Deputies 374 778. Janitors 374 779. Superintendent of supplies. Assistants 374 ,780. Appropriation for school purposes. Expenditures ... 374 781. The board to be a corporation. Titles 375 782. Powers, rights, etc 375 783. Cities nia}' establish institutions for scientific and educational instruction. Acquisition of property. Trustees 376 784. Public health 376 785. Rules and regulations 376 786. Publicity 377 787. Election of teachers 377 Board of public education. Appointment and term. 757. The control of all the schools supported by any school district of the first class shall be vested in a board of public education, to consist of twenty-one (21) members, who shall be appointed by the judges of the courts of com- mon pleas of the county in which the said school district of the first class shall be situated, for terms of three (3) years each, except that the original appointments under this act shall be as follows : seven for one year, seven for two years, and seven for three years, and members shall be eligible for CITIES OF THE FIRST CLASS 369 reappointment. The members shall serve without com- pensation.' Vacancies. Eligibility. 758. Vacancies for unexpired terms, caused by death, resignation or otherwise shall be filled by the said judges of the courts of common pleas. No person shall be eligible to appointment to the board of public education who shall be less than thirty (30) years of age, and who shall not have re- sided in the school district at least one year immediately preceding the appointment.^ Oath of office. 759. The members of said board of public education, before proceeding to discharge the duties of their office, shall take the oath of office required of school officials under the laws of this Commonwealth.^ Organization. 760. The board of public education herein provided shall meet for organization upon the first Monday in Jan- uary next succeeding the passage of this act. They shall organize by selecting their own officers, and shall hold stated meetings at least once a month during the school year, and such additional meetings as they may from time to time provide for.'' Duties of board of education. 761. The duties of the board shall be to determine questions of general policy, appoint the executive officers hereinafter prescribed, define their duties, direct expendi- tures, appoint teachers and in general to legislate upon all matters concerning the conduct of the schools. ^ Sectional school boards. Election. Term. 762. Sectional school boards in and for each ward of the city (constituting said school district of cities of the first class), consisting of twelve members each, shall be chosen Act April 22, 1905, Sec. i, P. L. 267. Act April 22, 1905, Sec. i, P. L,. 267. Act April 22, 1905, Sec. i, P. Iv. 267. Act April 22, 1905, Sec. i, P. L,. 267. Act April 22, 1905, Sec. i, P. L. 267. 370 COMMON SCHOOL LAW by the qualified electors in each ward of the city, at the next annual municipal election succeeding the passage of this act, four for one year, four for two years, and four for three years ; and thereafter, at each annual election, four for three years.^ Proviso. 763. No elector shall vote for more than three candi- dates for membership in any sectional school board, except at the next annual municipal election succeeding the pas- sage of this act, when an elector may vote for not more than nine ; three for a term of one year, three for a term of two years, and three for a term of three years : And provided further. That when vacancies occur the electors may vote for candidates to fill unexpired terms. '^ Eligibility. Oath. Compensation. 764. The members of sectional school boards shall be residents of the ward from which they are chosen. They shall, before entering upon the duties of their office, take the oatli of office required of school officials under the laws of this Commonwealth. They shall serve without compensation.*^ Vacancies. 765. Vacancies caused by death, resignation or other- wise, shall be filled by a majority of the surviving directors, until the next ensuing annual municipal election, when the electors shall fill such vacancy or vacancies for the unex- pired term or terms.^ Duties and powers of school boards. 766. The duties and powers of the sectional school boards shall be the following : In their respective wards or districts they shall visit, at least once in every quarter, all the schools therein, and inspect the same. They shall with- out delay call the attention of the board of public education, or of the appropriate executive officer of the board, to every matter requiring official action.'" 6. Act April 22 1905, Sec. 2, P. L. 267. 7. Act April 22, 1905, Sec. 2, P. L. 267. 8. Act April 22, 1905, Sec. 2, P. L. 267. 9. Act April 22, 1905, Sec. 2, P. L. 267. 10. Act April 22, 1905, Sec. 2, P. L. 267. CITIES OF THE FIRST CLASS 37 1 Report. Organization. 767. They shall also make an annual report in writing to the board of public education, in respect to the condition of the schools and the wants of the section, especially in re- gard to the number, equipment and efficiency of schools and school buildings. They shall organize on the second Mon- day immediately succeeding their election, at such place as shall be designated by the board of education, by choosing a chairman and such other officer as they may agree upon, including a secretary." Secretaries. 768. The .secretary of each sectional school board shall receive annually such salary, not to exceed one hundred ($100.00) dollars, as shall be determined by the board of pub- lic education." Agents. 769. The executive work of the board of public educa- tion shall be committed to three expert agents, who shall be appointed by said board and shall be subject to removal at the pleasure of the board. Said agents shall be a super- intendent of schools, a superintendent of buildings, and a superintendent of supplies. Said agents shall be paid such compensation as shall be determined by the board of public education. They shall be responsible to the board for the conduct of their respective departments ; shall make annual reports to the board, and shall, from time to time, submit such plans and suggestions for the improvement of the schools and the school system as the board of public educa- tion may require, or as they shall deem expedient. '^ Superintendent of schools and district superintendents. 770. Supervision of all matters pertaining to instruc- tion, in all the schools under the board of public education, shall be vested inasuperintendentof schools and such num- ber of associate superintendents as may be deemed neces- sary. The superintendent shall have a seat in the board, 11. Act April 22, 1905, Sec. 2, P. L. 267 12. Act April 22, 1905, Sec. 2, P. L,. 267 13. Act April 22, 1905, Sec. 2, P. L. 267. 372 COMMON SCHOOL LAW and the right to speak on all matters before the board, but not to vote. District superintendents may be appointed by the board of public education, on the nomination of the superintendent. They shall receive such compensation as the board of public education shall determine. They shall be under the supervision and direction of the superintendent of schools, and shall be assigned by him to administrative districts. They shall inquire into and supervise all matters relating to the government, courses of study, methods of teaching, discipline, and conduct of all the schools in their respective districts, and shall report the same, when re- quired to the superintendent of schools and to the sectional school boards of their respective districts. The district superintendent of a district shall have a seat in each sec- tional school board of his district, and the right to speak, but not to vote, nor shall he hold office in said boards. ^^ Qualifications of applicants. 771. The board of public education of each school dis- trict of the first class shall prescribe the mode or modes of determining the qualifications of applicants for positions as teachers in the schools of the district ; and shall designate the kinds or grades of licenses or certificates of qualification to teach which may or shall be used in the district, together with the scholastic and professional qualifications required for each kind or grade of license or certificate. '^ License or certificate. 772. No license or certificate shall be granted to any person who is not of good moral character, nor to any per- son who shall not have first presented a certificate from a physician recognized by the board as competent for the pur- pose, setting forth that said applicant is neither mentally nor physically disqualified by any chronic or acute physical defect from successfully performing the duties of a teacher.'^ Eligible lists. Appointments. 773. Eligible lists, properly classified, containing the names of persons who have received licenses or certificates of 14. Act April 22, X905, Sec. 4, P. L. 269. 15. Act April 22, 1905, Sec. 5, P. L. 269. 16. Act April 22, 1905, Sec. 5, P. L. 269. CITIES OF THE FIRST CLASS 373 qualification to teach and arranged as nearly as possible in the order of rank in standing, shall be kept in the office of the superintendent of schools, and shall be open to inspec- tion by members of the board of public education, associate and district superintendents, and sectional school boards. Except as superintendent of schools, associate superintend- ent, district superintendent, or director of a special branch, or as principal or teacher, in a training school, normal school, high school, school or manual training school, or in the case of promotion or transfer from any position to another or higher position, no person shall be appointed to any educational position whose name does not appear among the three highest names upon the proper eligible list.'7 Proviso. 774. No teacher now in position in any city of the first class shall be displaced by the provisions of this section.'^ Teachers' retirement fund. 775. A teachers' retirement fund may be created by the board of public education, and shall be by them admin- istered. The said fund shall consist of all funds available for like purposes at the time of the enactment of this law, together with such additions thereto as the board may from time to time prescibe, and such moneys as may be donated or bequeathed for such purposes. Any teacher, principal or supervising official retired by the board of public educa- tion shall receive, from the said fund, such annuity as the board of public education may prescribe. '^ Superintendent of buildings. 776. A superintendent of buildings shall be appointed by the board of public education, as hereinbefore provided, and shall give such security for the faithful performance of the duties of his office as the board of public education shall prescribe. He shall be an engineer or architect, of good standing in his profession, and shall be responsible for the condition and care of all school buildings and premises, ^° 17. Act April 22, 1905, Sec. 5, P. L. 269. 18. Act April 22, 1905, Sec. 5, P. L. 269. 19. Act April 22, 1905, Sec. 6, P. L. 270. ao. Act April 22, 1905, Sec. 7, P. L. 270. 374 COMMON SCHOOL LAW Deputies. 777. He may appoint such deputies and other assistants as shall be authorized by the board of public education. All plans for new school construction, additions, or repairs shall be approved by the superintendent of buildings and the superintendent of schools before submission to the board of education for approval and passage." Janitors. 778. Janitors for buildings devoted to elementary edu- cation shall be appointed by the sectional school boards. Janitors for school buildings other than those devoted to elementary education, provided by the regular graded course of study, shall be appointed by the board of public educa- tion. Said janitors shall receive such compensation as the board of public education may determine, and shall dis- charge their duties under the direction and to the satisfac- tion of the superintendent of buildings. They shall hold their positions at the pleasure of the board of education : Provided, however, That janitors now employed in schools within the limits of said cities of the first class shall not, save for cause, be displaced by the provisions of this sec- tion." Superintendent of supplies. Assistants. 779. A superintendent of supplies shall be appointed by the board of public education, as hereinbefore provided, and shall give such security for the faithful performance of the duties of his office as the board of public education shall prescribe. He shall purchase and shall have the care and distribution of all supplies needed for the schools, under such regulations as the board of public education shall pre- scribe. He may appoint such assistants as shall be author- ized by the board. ^^ Appropriation for school purposes. Expenditures. 780. Councils of said city of the ^rst class shall an- nually appropriate a sum for school purposes, which shall 21. Act April 22, 1905, Sec. 7, P. L. 270. 22. Act April 22, 1905, Sec. 7, P. L. 270. 23. Act April 22, 1905, Sec. 8, P. L,. 270. CITIES OF THE FIRST CLASS 375 be not less than five (5) mills on each dollar of the total as- sessment of real property of said school district, upon which the tax rate for the succeeding year is fixed. All the moneys raised shall be appropriated by the councils to and for such purposes as to them shall seem best, and said moneys shall not be expended by said board for any other purposes, nor for any one purpose, in a greater amount than shall be authorized by councils ; and no moneys shall be drawn from the city treasury except by due process of law, or upon warrants on the treasurer through duly authorized officers of the board of public education, and countersigned by the city controller, which shall state the particular item to which the same is chargeable. ^'^ The board to be a corporation. Titles. 781. The board shall have complete power to admin- ister all money or moneys appropriated or available for its use, as hereinbefore provided, and to enter into and execute contracts, and for these purposes shall possess the powers and privileges of a corporation of the first class. The title to all property now held or that may hereafter be acquired for school or educational purposes, in the said school district of the first class, shall be vested in said city of the first class ; but all such property shall be under tlie exclusive care and control of the board of public education.^s Powers, rights, etc. 782. The board of public education in each school dis- trict of the first class shall succeed to, and shall have and possess, all the powers, rights and privileges, not incon- sistent with this act, which the present existing board of public education in its respective district now lawfully has. Until the board of public education herein provided shall organize under the provisions of this act, the existing laws relating to the school district of the first class shall be in full force and effect. ^^ All acts or portions of acts now in force so far as they are inconsistent herewith are hereby re- pealed. ^^ 24. Act April 22, 1905, Sec. 9, P. h- 271. 25. Act April 22, 1905, Sec. 9, P. L. 271. 26. Act April 22, 1905, Sec. 10. P. L,. 271. 27. Act April 22, 1905, Sec. 11, P. 1,. 271. 2,']6 COMMON SCHOOL LAW Cities may establish institutions for scientific and educational in- struction. Acquisition of property. Trustees. 783. The city councils of any city, with the approval of the mayor or recorder thereof, may establish in such city institutions authorized to collect and hold certain educa- tional and economic collections, the object of each being the scientific, educational and economic instruction of the pub- lic concerning commerce, manufacturing, mining and agri- culture ; said institutions to have power to purchase or ac- cept by gift any real estate, money or personal property necessary for their use and promotion, and power to use, convey or transfer the same, as if they were bodies cor- porate, to be governed by boards of trustees, nominated, appointed and confirmed in such manner as the city coun- cils may determine. ^^'^ Public health. 784. All departments of health of the cities of the first class of this Commonwealth shall have full power, and shall make, immediately after this act shall become a law, such rules and regulations, which in their judgment may be proper and necessary, for the protection of the public health, and amend or alter the same, from the diseases known as cholera, yellow, malarial, typhoid, typhus, scarlet, puerperal and relapsing fevers, small-pox, (variola or varioloid), chicken-pox (varicella), diphtheria, diphtheritic and mem- braneous croups, cerebro-spinal meningitis, measles, mumps, whooping-cough, tuberculosis (in any of its diverse forms), pneumonia, erysipelas, plague (Bubonic), trachoma, leprosy, tetanus, glanders, hydrophobia (rabies) and anthrax. ^^ Rules and regulations. 785. Rules and regulations shall cover and include : (a) The reports to be made by physicians or other per- sons, in attendance upon any person afflicted with any of the said diseases, to said health authorities. 28. Act April 25, 1903, Sec. i, P. L. 314- a This act is an example of the evolution of the legislative concep- tion of the purpose of municipal government. What connection the latter has with mining and agriculture is'not clearly apparent. 29. Act April 20, 1905, Sec. i, P. L. 228. CITIES OF THE FIRST CLASS 377 (b) The quarantining and disinfecting of persons and premises, and the placarding of notices. (c) The treatment or disposal of infected bedding, clothing, or other articles. (d) The care and burial of the bodies of persons who may have died from any of the said diseases, fixing the limit of time for burial, the methods to be used, the attend- ance of persons, and the style of advertising the funeral. (e) The disinfection of conveyances used in the burial of persons who may have died from said diseases, which may have been used by a person afflicted with any of said dis- eases or person who may have been in contact with the same. (f) The admission and attendance of persons at public or private schools, hospitals and asylums, or any other pub- lic or private educational or charitable institutions, and the compulsory vaccination and revaccination of inniates there- of, and of persons attending the same, or employed therein as physicians, teachers, nurses, or in any other capacity. 3° Publicity. 786. All rules and regulations and all changes and amendments, when adopted, shall be printed and distrib- uted for public use ; copies of the same shall be filed with the state board of health. Copies shall be prepared and fur- nished to every educational institution, public or private, and to every physician and undertaker, within the jurisdic- tion of the health authorities promulgating the same.^' All acts or parts of acts inconsistent with this act are hereby repealed. Election of teachers. 787. The board of public education of the city of Phil- adelphia has the right to prescribe the qualifications of all teachers, and to classify or grade them in accordance there- with, in such manner and by such tests as the board in its discretion may deem best for the interest of the public school system of the district ; and in determining the qual- 30. Act April 20, 1905, Sec. 2, P. L,. 228. 31. Act April 20, 1905, Sec. 3, P. 1,. 228. 378 COMMON SCHOOL LAW iiications of teachers for different kinds of schools, the board may take into consideration the qnestion of sex. The board of education of the city of Philadelphia may determine that male teachers only shall be principals of cer- tain classes of schools, and in doing so they do not violate the provisions of Article X., Sec. 3, of the constitution of Pennsylvania, that " women twenty-one years of age and upwards shall be eligible to any office of control or manage- ment under the school laws of this state ; " because the posi- tion of teacher is not an " office of control or management " within the meaning of the constitution. The sectional school boards in the city of Philadelphia have the right to select from the classes of teachers estab- lished by the board of education the individuals to fill the required positions in their several sections, and to certify the names of the persons so selected, whether as principals or assistant teachers, to the board of education. The board of education then has the right to inquire whether the per- son so certified is a qualified member of the class from which the particular position should be filled, and, if so, it is charged with the duty of certifying the name and position to the city controller. The latter duty is ministerial and imperative, but it only arises after the board has ascertained, in pursuance of its right of inquiry, that a proper occasion is presented for its performance.^^ Commonwealth vs. Board of Education, 187 Pa. 70, i! CHAPTER XXXIII. COMMON SCHOOL EDUCATION IN CITIESOF THE SECOND CLASS. PAGE 788. Members of school boards forbidden to hold any office of emolument or to be employed by school boards 379 789. Repeal 379 790. Power of directors of sub-school districts 379 791. Repeal 380 792. Mechanic arts 380 793. Change of text books restricted in cities of second class 380 794. Cities may establish institutions for scientific and educational instruction. Acquisition of property. Trustees 380 Members of school boards forbidden to hold office of emolument or to be employed by school boards. 788. It shall be unlawful for any director or any member of the board of control of school districts in any city of the second class within this Commonwealth, to hold the office of secretary of said board, or be employed by said board, while a member thereof, in any capacity in which any com- pensation is attached.' Repeal. 789. All laws or parts of laws inconsistent herewith are hereby repealed.^ Powers of directors of sub^^school districts. 790. The several boards of directors of the snb-school districts of cities of the second class shall have the power to purchase lots of ground, to erect, enlarge, and repair school buildings thereon, to purchase furniture, apparatus, books, stationery, and fuel, and to pay janitors in their respective districts, and to borrow money, and provide for the payment thereof, with its interest, and to levy taxes for such pur- poses, as fully as such power existed and belonged to said boards, prior to the passage of the act, entitled " An act in relation to cities of the second class, providing for the levy, collection, and disbursement of taxes," approved the twenty- second day of March, Anno Domini one thousand eight hundred and seventy-seven. ^ 1. Act May 10, 1893, Sec. i, P. L- 34- 2. Act May 10, 1893, Sec. 2, P. L. 34. 3. Act May 24, 1881, Sec. i, P. L,. 29. 380 COMMON SCHOOL LAW Repeal. 791. All laws or parts of laws, inconsistent with this act, are hereby repealed, so far as the same relates to cities of the second class/ Mechanic arts. 792. In every city of the second class the central board of edncation, and in every city of the third class the board of school controllers, and in every borough and town- ship of the first class the board of school directors shall have power to establish and maintain one or more schools for the instruction of pupils in the useful branches of the meclianic arts, athletics and kindred subjects, to provide the necessary buildings, machinery, apparatus and mater- ials, and to employ teachers and instructors therefor. ^ Change of text books restricted in cities of second class. 793. Price lists of books to be furnished and adopted. Awarding of contracts. Penalty for violation of act. Act to be accepted.^ Cities May establish institutions for scientific and educational in- struction. Acquisition of property. Trustees. 794. The city councils of any city, with the approval of the mayor or recorder thereof, may establish in such city in- stitutions authorized to collect and hold certain educational and economic collections, the object of each being the scien- tific, educational and economic instruction of the public con- cerning commerce, manufacturing, mining and agriculture ; said institutions to have power to purchase or accept b}- gift any real estate, money or personal property necessary for their use and promotion, and power to use, convey or trans- fer the same, as if they were bodies corporate, to be gov- erned by boards of trustees, nominated, appointed and con- firmed in such manner as the city councils may determine.^ 4. Act May 24, 1881. Sec. 2, P. L. 29. 5. Act March 24, 1905, Sec. i, P. L. 51. 6. See Supra TEXT BOOKS AND SCHOOL SUPPLIES Sec. 668, 669, 670, 671. 7. Act April 25, 1903, Sec. i, P. L. 314. CHAPTER XXXIV. COMMON SCHOOL EDUCATION IN CITIES OF THE THIRD CLASS. PAGE 795. Classification of cities 381 796. Cities of the third class to constitute a separate school district 383 797. Powers of controllers 383 798. Election of controllers. Terras , 383 799. Vacancies, how filled 384 800. Annual organization of board. Officers 384 801. Vacancies in offices of board 384 802. Salary of the secretary 384 803. Bond of secretary. Amount. Condition 384 804. Election of two controllers for the same term 384 805. Vacancies for unexpired terms 385 806. For whom electors shall vote. Tickets to designate term 385 807. Cases of two or more vacancies 385 808. Proviso. Election of controllers in cities of fifteen or more wards 385 809. Proviso. Act not applicable in certain respects to cities of the third class constituting one school district 385 810. Directors may retain old laws governing them upon certain conditions. Certificate of non-acceptance to be filed 3S6 811. Proviso. Boards may accept provisions of the Act of June 16, 1891, P. L. 306 386 812. Effect of the Act June 16, 1891, as to repeal 386 S13. Members of school boards prohibited from holding the office of secretar\^ thereof 386 814. Wilfully drawing warrant for pa\'ment of persons employed contrary to the act, declared a misdemeanor 387 815. Oath of controllers. Form of oath." Copy to be filed 387 8x6. Controllers may administer oath to each other 388 817. vSecretarj' to qualify president 388 818. School treasurer 388 819. Separate office of school treasurer in cities of the third class was not abolished by Act of May 23, 1874. Additional com- pensation 388 820. City treasurers shall be the collectors of all the city, school and poll taxes 389 821. Mechanic art schools. Athletics 389 822. Change of text books restricted in cities of the third class 389 823. School taxes. To be levied on city assessment 390 824. Certification of assessment to board 390 825. Repeal 390 826. Cities may establish institutions for scientific and educational instruction. Acquisition of property. Trustees 390 827. Sinking fund for payment of debt 390 Classification of cities. 795. That for the purposes of legislation, regulating their municipal affairs, the exercise of certain corporate 382 COMMON SCHOOL LAW powers and having respect to the number, character,' powers and duties of certain officers thereof, the cities now in existence and those hereafter created in this common- wealth, shall be divided into three classes : Those containing a population of one million or over shall constitute the first class. Those containing a population of one hundred thou- sand and under one million shall constitute the second class. Those containing a population under one hundred thousand, shall constitute the third class.' Tlie classification of said cities respectively shall be ascertained and fixed by reference to their population ac- cording to the last preceding United States census, and whenever it shall appear by any such census that any city of the second or third class has attained a population en- titling it to an advance in classification as herein prescribed, it shall be the duty of the governor, under the great seal of this commonwealth, to certify the fact accordingly, which certificate shall be entered at large upon the minutes of the councils of such city, and recorded in the office for record- ing the deeds of the proper county. At the municipal election occurring not less than one month after the date of such certificate, the proper officers shall be elected to which the said city will become entitled under the change in classification, and upon the first Mon- day of April next ensuing, the terms of all officers of said city then in office whose offices are superseded by reason thereof shall cease and determine, and the city government shall be duly organized, and shall thereafter be controlled and regulated by the laws of this commonwealth applicable to the same under the classification hereby fixed and appointed.^ 1. Act June 25, 1895, Sec. i, P. L. 275. 2. Act June 25, 1895, Sec. 2, P. L. 275. CITIES OF THE THIRD CLASS 383 Cities of the third class to constitute a separate school district. 796. Every city of the third class shall constitute a separate school district ^ which shall be known and desig- nated as a school district of the third class/ and all the prop- erty therein shall be the common property of said district.-'' Powers of controllers. 797. The members of the board of school controllers for the time being shall have the power to levy and collect taxes, and the same rights and powers in relation to real and personal property as is now by law conferred upon the school directors of the several districts of this Common- wealth, and they shall govern and manage the public schools in the manner now provided by law for the mainte- nance of a system of ediication by common schools.^ Election of controllers. Terms. 798. The qualified voters of each ward of each of said cities on the third Tuesday in February next succeeding the issuing of letters patent to said city, [shall] elect two members of the board of school controllers of said district, one to serve for the period of two years, and one to serve for the period of four years, and every two years thereafter the qualified voters of each of said wards shall elect one person to serve for the term of four years. ^ 3. A territory annexed to a city of the third class, comprising one school district, is to constitute part of such district. Act June 23, 1895, Sec. I. P. L. 239. Note — The act of June 3, 1905, P. L. 142, prescribed a mode of ad- justing the value of real estate belonging to the respective por- tions of school districts enlarged by the annexation of a part of a township and the apportionment of the debt or surplus between them. 4. Act April 22, 1905, Sec. i, P. L. 272. 5. Act June 16, 1891, Sec. i, P. L. 306. ' 6. Act June 16, 1891, Sec. i, P. L. 306. 7. Act June 16, 1891, Sec. i, P. L,. 306. The vacancy is to be filled tem- porarily by appointment of the board, but the successor is to be chosen at the next succeeding municipal election. Commonwealth vs. Evans, 102 Pa. 394, 1883. The act of May 4, 1905, P. L. 388, provides, among other things, for the increase of the number of school directors by the court of common pleas, upon the petition of the councils. See Stipra ELECTION OF DIRECTORS; FILLING OF VACANCIES, Sec. 79, 80, 81. 384 COMMON SCHOOL LAW Vacancies, how filled. 799. All vacancies which may happen in the said board as hereby constituted shall be filled in the manner as is now provided by law for vacancies in school boards.^ Annual organization of board. Officers. 800. The board of controllers shall annually, on the Thursday succeeding the municipal election, meet and or- ganize by choosing a president and secretary, who shall be members of the board. ^ Vacancies in offices of board. 801. In case of any vacancy in an}' of the said officers by death, resignation or otherwise, such vacancy shall be forthwith filled by said board of control for the remainder of the school year.'° Salary of the secretary. 802. The secretary shall receive such salary as the board may determine " Bond of secretary. Amount. Condition. 803. Every secretary of the board of school control, in cities of the third class within this Commonwealth, shall be required, before entering upon his duties, to give a bond, with two approved sureties, in the sum of two thousand dollars, conditioned for the faithful performance of the duties of the office and the proper accounting for all money, books and vouchers that may come into his possession.'^ Election of two controllers for the same term. 804. In all cases where two members of said board are required to be elected to serve for the same term, each of said qualified voters shall vote for one person as a member of said board of school controllers for said term, and the two persons having the high est number of votes shall be declared to be elected. '3 8. Act June 16, 1891, Sec. i, P. L. 306. 9. Act June 16, 1891, Sec. i, P. L. 306. 10. Act June 16, 1891, Sec. i, P. L. 306. 11. Act June 16, 1891, Sec. i, P. L. 309. 12. Act June 25, 1S85, Sec. i, P. L. 173. 13. Act June 16, 1891, Sec. i, P. L. 306. I CITIES OF THE THIRD CLASS 385 Vacancies for unexpired terms. 805. When a vacancy or vacancies shall occur in the office of school controller, by death, resignation, or in any other manner than by the expiration of the term for which any school controller shall be elected, so that more than two school controllers must be elected at the succeeding municipal election in any ward of said city.''* For whom electors shall vote. Tickets to designate term. 806. The qualified voters of such ward, in addition to the one school controller to be voted for by each elector to serve four years, shall vote for one person to fill each of such unexpired terms by designating upon the ticket to be voted the number of years for which such school controller is elected, and each elector shall vote for but one person to fill such unexpired term.''^ Case of two or more vacancies. 807. If there be two vacancies for the same term, then the two candidates having the highest number of votes shall be declared elected ; and if there should be but one vacancy for any unexpired term, then the candidate having the highest number of votes for said term shall be declared elected.'^ Proviso. Election of controllers in cities of fifteen or more wards. 808. In cities of the third class of fifteen wards or more, each ward shall elect but one controller ; those elected from even numbered wards at said first election to serve two years, and those from odd numbered wards for four years ; thereafter, every two years, alternately, they shall elect one each to serve for four years/'' Proviso. Act not applicable in certain respects to cities of the third class constituting one school district. 809. The provisions of this act shall not be applicable to the election of directors or controllers of the public schools, to the organization of the school board, to the 14. Act June 16, 1891, Sec. i, P. L,. 306. 15. Act June 16, 1891, Sec. i, P. L,. 306. 16. Act June 16, 1891, Sec. i, P. 1,. 306. 17. Act June 16, 1891, Sec. i, P. L,. 306. 386 COMMON SCHOOL LAW election of school treasurer or of any other officer of said board, to the receiving and collection of school taxes in any city of the third class constituting one school district.'^ Districts may retain old laws governing them upon certain condi- tions. Certificate of non=acceptance to be filed. 810. The said district shall be governed by laws here- tofore enacted, applicable to the same, if the acceptance of this act, required by the 57th section hereof, shall be ac- companied by a certificate from the school district, signed by the proper officers thereof, expressing its desire to retain the laws governing it independent of this statute, otherwise this act shall govern the same.'^ Proviso. Boards may accept provisions of the Act of June 16, 1891, P. L. 306. 811. It shall be lawful for such board, in its discretion, by a vote of its members as aforesaid, from time 10 time, to accept any of the provisions of this act regulating school matters, and after such acceptance, duly recorded on the minutes of said board, said provisions so accepted shall be the law of such district.'" Effect of the Act June 16, 1891, as to repeal. 812. This act shall not operate to repeal any act or part of an act heretofore passed, except in so far as the same may affect the representation in boards of school con- trollers in cities of the third class.^' Members of school beards prohibited from holding the office of secretary thereof, 813. That from and after the passage of this act, it shall not be lawful for any director or member of the board of 18. Act June 16, 1891, Sec. i, P. L. 306. 19. Act June 16, 1891, Sec. i, P. L. 306. 20. Act June 16, 1891, Sec. i, P. L. 306. 21. Act June 16, 1891, Sec. 2, P. L. 306. Note — The above Act of 1891 is an amendment to section 41 of the municipal Act of May 23, 1874, P. L. 254. The Act of May 23, 1889, P. L. 274, "constituting each city of the third class a single school district, providing for the election of its school controllers, the levy and collec- tion of taxes and management of its affairs," was held to be unconstitu- tional in Commonwealth vs. Reynolds, 137, Pa. 389. The Act of 1891 is constitutional. Commonwealth vs. Gilligan, 191 Pa. 504. See also Commonwealth vs. Guthrie, 203 Pa. 204; Commonwealth vs. Middleton, 210 Pa. 582, 1905. CITIES OF THE THIRD CLASS 387 school control, in any city of the third class, within this Commonwealth, to hold the office of secretary of said board, or to be employed by said board, while a member thereof, in any capacity in which there is any compensation at- tached . " Wilfully drawing warrant for payment of persons employed con= trary to the act, declared a misdemeanor. 814. Any officer wilfully drawing any warrant, or pass- ing any voucher, for the payment of any person elected, or employed contrary to the provisions of section one of this act, sliall be guilty of a misdemeanor, and on conviction thereof be punished by a fine not exceeding one thousand dollars, and imprisonment not exceeding one year, or both, or either, at the discretion of the court. ^^^ Oath of controllers. Form of oath. Copy to be filed. 815. xAU persons elected to the office of school director, after ihe passage of this act, in the Commonwealth of Penn- sylvania, shall, before entering upon the duties of such office, shall take and subscribe to an oath or affirmation, that he will support the constitution of the United States and the constitution of the Commonwealth of Pennsylvania and the laws thereof ; that he has used no unlawful means to procure his election to said office, and that he will discharge the duties of said office, for the district in which elected, 22. Act June 11, 1885, Sec. i, P. L,. loS. Note — This .section is valid. Commonwealth vs. Baker, 13 D. R. 448, 1904. The 1st section of the act of June 11, 1885, P. L,. 108, pro- hibiting any member or director of the board of schocd control in any city of the third class to hold the office of secretary of said board, or to be employed by said board while a member thereof in any capacity to which there is any compensation attached, does not violate Art. Ill, sec. 7, of the Constitution of Pennsylvania, prohibiting special and local legisla- tion. There is no constitutional objection to the classification of school districts. Commonwealth ex rel. Mizener vs. Baker, 13 D. R. 448, 1904. Sugar Notch Borough, 192 Pa. 349, 1899. Commonwealth vs. Gilligan, 195 Pa. 504, 1900. City of Erie School District vs. Smith, 195 Pa. 515, 1900. Commonwealth vs. Howell, 195 Pa. 519, 1900. Commonwealth vs. Guthrie, 203 Pa. 209, 1902. 23. Act June 11, 1885, Sec. 2, P. L. 108. 388 COMMON SCHOOI. LAW faithfully and iiupartially, and to the best of his under- standing and ability ; which oath or affirmation shall be taken before a justice of the peace, notary public or some other officer authorized to administer oaths,* and a copy of the same shall be entered upon the minutes of the board of school directors of the proper district. ^-^ Controllers may administer oath to each other. 816. On and after the passage of this act it shall be lawful for school directors in the various school districts in this Commonwealth to qualify each other, by oath or affirma- tion, that they will faithfully discharge the duties of said office, and that they be authorized to certify the same to the proper authorities.*^ Secretary to qualify president. 817. In the organization of a school board it shall be the duty of the person chosen to act as secretary to qualify the person chosen to act as president, and the president in turn shall qualify all the other members of said board.^^ School treasurer. 818. The city treasurer shall ex-officio be school treas- urer, and before entering upon the duties of his office shall give bond to the school directors conditioned for the faith- ful performance of his duties, in such amount as the board shall direct, and with such sureties as shall [be] by them approved, and shall also before he enters upon his office, take and subscribe an oath or affirmation of like nature as is hereinbefore prescribed for the city treasurer.^^ Separate office of school treasurer in cities of the third class was not abolished by act of May 23, 1874. Additional compensation. 819. The municipal corporations act of May 23, 1874, P. L. 230, by section 42 of which it is provided that the city treasurer shall ex-officio be school treasurer in cities of * See Infra, 816, 817. 24. Act April 16, 1891, Sec. i, P. L. 22. 25. Act June 25, 1895, Sec. i, P. L,. 284. 26. Act June 25, 1895, Sec. 2, P. L,. 284. 27. Act May 23, 1874, Sec. 42, P. L. 256. This act is constitutional. Commonwealth vs. Middleton, 210 Pa. 582, 1905. CITIES OF THE THIRD CLASS 389 the third class, does not abolish the office of school treasurer as a separate office in such cities. The city treasurer, in addition to his salary as such, is entitled, under the act of May 8, 1854, P. h. 617, to such compensation for his services in the capacity of school treasurer as the board of school controllers may determine, not exceeding two per centum of the school taxes collected. When the school board have refused to fix any com- pensation for tlie treasurer, he does not become in default upon his official bond, by retaining at the end of his term the amount of the maximum commission allowable under said act of 1854, and holding the same to await action by the board fixing his commission. ^^ City treasurers shall be the collectors of all the city, school and poor taxes. 820. That the several city treasurers, hereafter elected in cities of the third class of this Commonwealth, by virtue of their office shall be the collectors of all the city, school and poor taxes, assessed or levied in their respective cities, and shall perform the duties and be subject to the herein- after provisions of this act.^^ Mechanic art schools. Athletics. 821. In every city of the second class the central board of education, and in every city of the third class the board of school controllers, and in every borough and township of the first class the board of school directors, shall have power to establish and maintain one or more schools for the in- struction of pupils in the useful branches of the mechanic arts, athletics and kindred subjects, to provide the necessary buildings, machinery, apparatus and materials, and to em- ploy teachers and instructors therefor. 3° Change of text books restricted in cities of the third class. 822. Price lists of books to be furnished and adopted. Awarding of contracts. Penalty for violation of act. Act to be accepted^' 28. Scranton School District vs. Simpson et aL, 133 Pa. 202, 1890. 29. Act June 20, 1901, Sec. i, P. L. 578. 30. Act March 24, 1905, Sec. i, P. L, 52. 31. See Supra, TEXT BOOKS AND SCHOOL SUPPLIES, Sec. 668, 669, 670, 671. 390 COMMON SCHOOL LAW School taxes. To be levied on city assessment. 823. In cities of the third class where the school dis- trict comprises the same territory as the city, the taxes for school and school building purposes shall be levied on the assessment made for city purposes.^^ Certification of assessment to board. 824. The city clerk or other competent person author- ized by city council shall make, for the use of the school board, a true copy of the completed assessment, and shall duly certify the same to the said board. ^^ Repeal. 825. All acts or parts of acts inconsistent herewith are hereby repealed. 34 Cities may establish institutions for scientific and educational in- struction. Acquisition of property. Trustees. 826. The city councils of any city, with the approval of the mayor or recorder thereof, may establish in such city institutions authorized to collect and hold certain educa- tional and economic collections, the object of each being the scientific, educational and economic instruction of the pub- lic concerning commerce, manufacturing, mining and agri- culture ; said institutions to have power to purchase or ac- cept by gift any real estate, money or personal property necessary for their use and promotion, and power to use, convey or transfer the same, as if they were bodies cor- porate, to be governed by boards of trustees, nominated, appointed and confirmed in such manner as the city coun- cils may determiners Sinking fund for payment of funded debt. Rate of tax therefor. Application of tax. 827. For the purpose of creating a sinking fund for the gradual extinguishment of the bonds and funded debt of the 32. Act May 25, 1897, Sec. i, P. L. 85. 33. Act May 25, 1897, Sec. 2, P. L. 85. 34. Act May 25, 1897, P. L. 85. Note — This act is con.stitutional, and applies to cities of the third class whether, it seems, such cities have accepted the school pri visions of the act of May 23, 1874, or not. Erie School District vs. Smith, 195 Pa. 515, 1900. 35. Act April 25, 1903, Sec. i, P. L. 314- CITIES OF THE THIRD CLASS 391 respective school districts in the cities of this Commonwealth, the school controllers of each thereof shall annually (until payment of the bonds and funded debt be fully provided for) levy and collect a tax of not less than one mill, and not ex- ceeding three mills, upon the assessed value of the taxable property of each of said cities, which shall be paid into the school treasury, and shall be applied towards and extin- guishment of said bonds, and funded debt, in the order of priority of the date of its issue, and to no other purpose whatever : Provided, That the whole tax of such school dis- trict for any one year shall not exceed the entire rate now allowed by law for school and building purposes.^^ "■ Act May 23, 1874, Sec. 44, P. L,. 256. a See title INDEBTED- NESS, Supra Sec. 346, for acts governing the manner of increas- ing the indebtedness of school districts. Numerous acts, some applying to school districts in cities of the third class, and some to school districts in general, authorize the funding of existing indebtedness. The Acts of May 19, 1897, P. L,. 76 [Supra, Sec. 364), and May 25, 1897, P. L. 91, validate the indebtedness of such municipalities insured in excess of two per centum and less than seven per centum of the assessed valuation, or under an irregular form of election ballot. The Act of May 7, 1885, P. L. 15, see Supra CITY AND BOR- OUGH SUPERINTENDENTS, Sec. 676, authorized the election triennially, on the first Tuesday of May, by the school directors of any city, borough or township having a population of over five thousand inhabitants, of a superintendent, whose duties are such as are prescribed by Sees. 7-10 of the Act of April 9, 1867, P. L. 53. See Supra CITY AND BOROUGH SUPERINTENDENT, Sec. 676, 677, 678, 679. CHAPTER XXXV. STATE NORMAL SCHOOLS. PAGE 828. Normal school districts 393 829. Thirteenth normal school district erected 394 830. Establishment of normal schools 394 831. Management of normal schools by board of trustees. Votes... 395 832. Power of boards of trustees to receive, hold and use real and personal estate. 395 833. Trustees to make annual reports. Visitation 395 834. Suitable buildings and other requisites of such schools 396 835. Hall, lodging rooms and refectories 396 836. Library for use of students 397 837. Professors 397 838. Principal 397 839. Course of study 397 840. Model schools 398 841. Qualifications for admission 398 842. Text books 398 843. Students admitted to schools on school district account. Ex- amination 398 844. Compensation from other students 399 845. When pupils from school district may be instructed in normal schools. Payment of expenses. Action to be entered upon the minutes 399 846 Admission of teachers from common schools 400 847. Examinations of graduating classes. Board of Examiners. Appointment of board 400 848. Appropriation for expenses of board of examiners 400 849. Manner of holding examinations 400 850. Power to expel students attending school on district account .. 401 851. Examination of schools desiring to be admitted to the privi- leges of normal schools 401 852. Proceedings where two or more schools make application. Visitation 402 853. Examination of candidates for graduation. Certificates of scholarship 402 854. Certificates. Effect thereof 403 855. When additional certificate maybe granted 403 856. When certificates of graduation shall be issued. Proof re- quired 403 857. Normal school second diploma 404 858. Number of votes necessary to obtain a certificate or to graduate 404 859. Provisional certificates. Degree of scholarship,... 405 860. Duty of students who graduate on district account 405 861. Duty of superintendent 405 862. When normal schools shall go into operation 406 863. Requisites for the establishment of a normal school. Exami- nations 406 CITIES OF THE THIRD CLASS 385 Vacancies for unexpired terms. 805. When a vacancy or vacancies shall occur in the office of school controller, by death, resignation, or in any other manner than by the expiration of the term for which any school controller shall be elected, so that more than two school controllers must be elected at the succeeding municipal election in any ward of said city.''' For whom electors shall vote. Tickets to designate term. 806. The qualified voters of such ward, in addition to the one school controller to be voted for by each elector to serve four years, shall vote for one person to fill each of such unexpired terms by designating upon the ticket to be voted the number of years for which such school controller is elected, and each elector shall vote for but one person to fill such unexpired term.''' Case of two or more vacancies. 807. If there be two vacancies for the same term, then the two candidates having the highest number of votes shall be declared elected ; and if there should be but one vacancy for any unexpired term, then the candidate having the highest number of votes for said term shall be declared elected.'^ Proviso. Election of controllers in cities of fifteen or more wards. 808. In cities of the third class of fifteen wards or more, each ward shall elect but one controller ; those elected from even numbered wards at said first election to serve two years, and those from odd numbered wards for four years ; thereafter, every two years, alternately, they shall elect one each to serve for four years.'^ Proviso. Act not applicable in certain respects to cities of the third class constituting one school district. 809. The provisions of this act shall not be applicable to the election of directors or controllers of the public schools, to the organization of the school board, to the 14. Act June 16, 1891, Sec. i, P. h- 306. 15. Act June 16, 1891, Sec. i, P. L. 306. 16. Act June 16, 1891, Sec. i, P. L. 306. 17. Act June 16, 1891, Sec. i, P. h- 306. 386 COMMON SCHOOL LAW election of school treasurer or of any other officer of said board, to the receiving and collection of school taxes in any city of the third class constituting one school district.'.^ Districts may retain old laws governing them upon certain condi- tions. Certificate of non=acceptance to be filed. 810. The said district shall be governed by laws here- tofore enacted, applicable to the same, if the acceptance of this act, required by the 57th section hereof, shall be ac- companied by a certificate from the school district, signed . by the proper officers thereof, expressing its desire to retain the laws governing it independent of this statute, otherwise this act shall govern the same."? Proviso. Boards may accept provisions of the Act of June i6, 1891, P. L.,306. 811. It shall be lawful for such board, in its discretion, bv a vote of its members as aforesaid, from time 10 time, to accept any of the provisions of this act regulating school matters, and after such acceptance, duly recorded on the minutes of said board, said provisions so accepted shall be the law of such district.^" Effect of the Act June 16, 1891, as to repeal. 812. This act shall not operate to repeal any act or part of an act heretofore passed, except in so far as the same may affect the representation in boards of school con- trollers in cities of the third class.^' Members of school beards prohibited from holding the office of secretary thereof. 813. That from and after the passage of this act, it shall not be lawful for any director or member of the board of 18. Act June 16, 1891, Sec. i, P. L. 306. 19. Act June 16, 1891, Sec. i, P. L. 306. 20. Act June 16, 1891, Sec. i, P. L. 306. 21. Act June 16, 1891, Sec. 2, P. L. 306. Note — The above Act of 1891 is an amendment to section 41 of the municipal Act of May 23, 1874, P. L. 254. The Act of May 23, 1889, P. L. 274, "constituting each city of the third class a single school district, providing for the election of its school controllers, the levy and collec- tion of taxes and management of its affairs," was held to be unconstitu- tional in Commonwealth vs. Reynolds, 137, Pa. 389. The Act of 1891 is constitutional. Commonwealth vs. Gilligan, 191 Pa. 504. See also Commonwealth vs. Guthrie, 203 Pa. 204; Commonwealth vs. Middleton, 210 Pa. 582, 1905. CITIES OF THE THIRD CLASS 387 school control, in any city of the third class, within this Commonwealth, to hold the office of secretary of said board, or to be employed by said board, while a member thereof, in any capacity in which there is any compensation at- tached." Wilfully drawing warrant for payment of persons employed con= trary to the act, declared a misdemeanor. 814. Any officer wilfully drawing any warrant, or pass- ing any voucher, for the payment of any person elected, or employed contrary to the provisions of section one of this act, shall be guilty of a misdemeanor, and on conviction thereof be punished by a fine not exceeding one thousand dollars, and imprisonment not exceeding one year, or both, or either, at the discretion of the conrt.^^ Oath of controllers. Form of oath. Copy to be filed. 815. All persons elected to the office of school director, after ihe passage of this act, in the Commonwealth of Penn- sylvania, shall, before entering upon the duties of such office, shall take and subscribe to an oath or affirmation, that he will support the constitution of the United States and the constitution of the Commonwealth of Pennsylvania and the laws thereof ; that he has used no unlawful means to procure his election to said office, and that he will discharge the duties of said office, for the district in which elected, 22. Act June 11, 1885, Sec. i, P. L. 108. Note — This section is valid. Commonwealth vs. Baker, 13 D. R. 448, 1904. The 1st section of the act of June 11, 1885, P. L. 108, pro- hibiting any member or director of the board of school control in any city of the third class to hold the office of secretary of said board, or to be employed by said board while a member thereof in any capacity to which there is any compensation attached, does not violate Art. Ill, sec. 7, of the Constitution of Pennsylvania, prohibiting special and local legisla- tion. There is no constitutional objection to the classification of school districts. Commonwealth ex rel. Mizener vs. Baker, 13 D. R. 448, 1904. Sugar Notch Borough, 192 Pa. 349, '1899. Commonwealth vs. Gilligan, 195 Pa. 504, 1900. City of Erie School District vs. vSmith, 195 Pa. 515, 1900. Commonwealth vs. Howell, 195 Pa. 519, 1900. Commonwealth vs. Guthrie, 203 Pa. 209, 1902. 23. Act June 11, 1S85, Sec. 2, P. L,. 108. 388 COMMON SCHOOL LAW faithfully and impartially, and to the best of his under- standing and ability ; which oath or affirmation shall be taken before a justice of the peace, notary public or some other officer authorized to administer oaths,* and a copy of the same shall be entered upon the minutes of the board of school directors of the proper district. ^^ Controllers may administer oath to each other. 816. On and after the passage of this act it shall be lawful for school directors in the various school districts in this Commonwealth to qualify each other, by oath or affirma- tion, that they will faithfully discharge the duties of said office, and that they be authorized to certify the same to the proper authorities. ^^ Secretary to qualify president. 817. In the organization of a school board it shall be the duty of the person chosen to act as secretary to qualify the person chosen to act as president, and the president in turn shall qualify all the other members of said board.^^ School treasurer. 818. The city treasurer shall ex-officio be school treas- urer, and before entering upon the duties of his office shall give bond to the school directors conditioned for the faith- ful performance of his duties, in such amount as the board shall direct, and with such sureties as shall [be] by them approved, and shall also before he enters upon his office, take and subscribe an oath or affirmation of like nature as is hereinbefore prescribed for the city treasurer. ^^ Separate office of school treasurer in cities of the third class was not abolished by act of May 23, 1874. Additional compensation. 819. The municipal corporations act of May 23, 1874, P. h- 230, by section 42 of which it is provided that the city treasurer shall ex-officio be school treasurer in cities of * See Infra, 816, 817. 24. Act April 16, 1891, Sec. i, P. L. 22. 25. Act June 25, 1895, Sec. i, P. L- 284. 26. Act June 25, 1895, Sec. 2, P. L. 284. 27. Act May 23, 1874, Sec. 42, P. L- 256. This act is constitutional. Commonwealth vs. Middleton, 210 Pa. 582, 1905. CITIES OF THE THIRD CLASS 389 the third class, does not abolish the office of school treasurer as a separate office in such cities. The city treasurer, in addition to his salary as such, is entitled, under the act of May 8, 1854, P. h. 617, to such compensation for his services in the capacity of school treasurer as the board of school controllers may determine, not exceeding two per centum of the school taxes collected. When the school board have refused to fix any com- pensation for tlie treasurer, he does not become in default upon his official bond, by retaining at the end of his term the amount of the maximum commission allowable under said act of 1854, and holding the same to await action by the board fixing his commission. ^^ City treasurers shall be the collectors of all the city, school and poor taxes. 820. That the several city treasurers, hereafter elected in cities of the third class of this Commonwealth, by virtue of their office shall be the collectors of all the city, school and poor taxes, assessed or levied in their respective cities, and shall perform the duties and be subject to the herein- after provisions of this act.^^ Mechanic art schools. Athletics. 821. In every city of the second class the central board of education, and in every city of the third class the board of school controllers, and in every borough and township of the first class the board of school directors, shall have power to establish and maintain one or more schools for the in- struction of pupils in the useful branches of the mechanic arts, athletics and kindred subjects, to provide the necessary buildings, machinery, apparatus and materials, and to em- ploy teachers and instructors therefor. 3° Change of text books restricted in cities of the third class. 822. Price lists of books to be furnished and adopted. Awarding of contracts. Penalty for violation of act. Act to be accepted^' 28. Scranton School District vs. Simpson et al, , 133 Pa. 202, 1890. 29. Act June 20, 1901, Sec. i, P. L. 578. 30. Act March 24, 1905, Sec. i, P. L,, 52. 31. See Supra, TEXT BOOKS AND SCHOOL SUPPLIES, Sec. 668, 669, 670, 671. 390 COMMON SCHOOL LAW School taxes. To be levied on city assessment. 823. In cities of the third class where the school dis- trict comprises the same territory as the city, the taxes for school and school building purposes shall be levied on the assessment made for city purposes.^^ Certification of assessment to board. 824. The city clerk or other competent person author- ized by city council shall make, for the use of the school board, a true copy of the completed assessment, and shall duly certify the same to the said board. ^^ Repeal . 825. All acts or parts of acts inconsistent herewith are hereby repealed. ^4 Cities may establish institutions for scientific and educational in- struction. Acquisition of property. Trustees. 826. The city councils of any city, with the approval of the mayor or recorder thereof, may establish in such city institutions authorized to collect and hold certain educa- tional and economic collections, the object of each being the scientific, educational and economic instruction of the pub- lic concerning commerce, manufacturing, mining and agri- culture ; said institutions to have power to purchase or ac- cept by gift any real estate, money or personal property necessary for their use and promotion, and power to use, convey or transfer the same, as if they were bodies cor- porate, to be governed by boards of trustees, nominated, appointed and confirmed in such manner as the city coun- cils may determiners Sinking fund for payment of funded debt. Rate of tax therefor. Application of tax. 827. For the purpose of creating a sinking fund for the gradual extinguishment of the bonds and funded debt of the 32. Act May 25, 1897, Sec. i, P. L. 85. 33. Act May 25, 1897, Sec. 2, P. L. 85. 34. Act May 25, 1897, P. L. 85. Note — This act is constitutional, and applies to cities of the third class whether, it seems, such cities have accepted the school pri visions of the act of Maj' 23, 1874, or not. Erie School District vs. Smith, 195 Pa. 515, 1900. 35. Act April 25, 1903, Sec. I, P. L. 314. I CITIES OF THE THIRD CLASS 39 1 respective school districts in the cities of this Commonwealth, the school controllers of each thereof shall annually (until payment of the bonds and funded debt be fully provided for) levy and collect a tax of not less than one mill, and not ex- ceeding three mills, upon the assessed value of the taxable property of each of said cities, which shall be paid into the school treasury, and shall be applied towards and extin- guishment of said bonds, and funded debt, in the order of priority of the date of its issue, and to no other purpose whatever : Provided, That the whole tax of such school dis- trict for any one year shall not exceed the entire rate now allowed by law for school and building purposes.^^ " 36. Act May 23, 1874, Sec. 44, P. L,. 256. a See title INDEBTED- NESS, Supra Sec. 346, for acts governing the manner of increas- ing the indebtedness of school districts. Numerous acts, some applying to school districts in cities of the third class, and some to school districts in general, authorize the funding of existing indebtedness. The Acts of May 19, 1897, P. L,. 76 {Supra, Sec. 364), and May 25, 1897, P. L. 91, validate the indebtedness of such municipalities insured in excess of two per centum and less than seven per centum of the assessed valuation, or under an irregular form of election ballot. The Act of May 7, 1885, P. L. 15, see Supra CITY AND BOR- OUGH SUPERINTENDENTS, Sec. 676, authorized the election triennially, on the first Tuesday of May, by the school directors of any city, borough or township having a population of over five thousand inhabitants, of a superintendent, whose duties are such as are prescribed by Sees. 7-10 of the Act of April 9, 1867, P. L. 53. See Supra CITY AND BOROUGH SUPERINTENDENT, Sec. 676, 677, 678, 679. CHAPTER XXXV. STATE NORMAL SCHOOLS. PAGE 828. Normal school districts 393 829. Thirteenth normal school district erected 394 830. Establishment of normal schools 394 831. Management of normal schools by board of trustees. Votes... 395 832. Power of boards of trustees to receive, hold and use real and personal estate. 395 833. Trustees to make annual reports. Visitation 395 834. Suitable buildings and other requisites of such schools 396 835. Hall, lodging rooms and refectories 396 836. Library for use of students 397 837. Professors 397 838. Principal 397 839. Course of study 397 840. Model schools 398 841. Qualifications for admission 398 842. Te:st books 398 843. Students admitted to schools on school district account. Ex- amination 398 844. Compensation from other students 399 845. When pupils from school district may be instructed in normal schools. Payment of expenses. Action to be entered upon the minutes 399 846 Admission of teachers from common schools 400 847. Examinations of graduating classes. Board of Examiners. Appointment of board 400 848. Appropriation for expenses of board of examiners 400 849. Manner of holding examinations 400 850. Power to expel students attending school on district account .. 401 851. Examination of schools desiring to be admitted to the privi- leges of normal schools 401 852. Proceedings where two or more schools make application. Visitation 402 853. Examination of candidates for graduation. Certificates of scholarship 402 854. Certificates. Effect thereof 403 855. When additional certificate may be granted 403 856. When certificates of graduation shall be issued. Proof re- quired 403 857. Normal school second diploma 404 858. Number of votes necessary to obtain a certificate or to graduate 404 859. Provisional certificates. Degree of scholarship 405 860. Duty of stiidents who graduate on district account 405 861. Duty of superintendent 405 862. When normal schools shall go into operation 406 863. Requisites for the establishment of a normal school. Exami- nations 406 STATE NORMAL SCHOOLS 393 864. State trustees. Appointment 407 865. State appropriation 407 866. Allowance to students who agree to teach in the ccnimon school s 407 867. Instruction of pupils drawing an allowance 408 868. Allowance of fifty dollars to certain graduates of normal schools 408 869. Graduates under seventeen years old not entitled to fifty dol- lar allowance 408 870. Trustees and their powers. Election and appointment 408 871. Elections of trustees by contributors or stockholders 409 872. State trustees. Nomination and appointment 409 873. First election and appointment 409 874. Quorum 409 875. Powers and privileges of the two classes of trustees 410 876. Meeting of board of trustees. Majority of trustees requisite to pass motions 410 877. Distribution of state appropriation 410 878. Limitation of indebtedness 411 879. Bonded indebtedness may be refunded. Increase of mort- gage. Statement toauditor general 411 880. Execution of bonds and mortgages 411 881. Priority of lien. Exemption from tax 412 8S2. No power to mortgage without special statutory authority 412 883. Normal schools subject to mechanics' liens 412 884. Condemnation of real estate. Enlargement of school grounds. Bond 412 885. Petition. Appointment of viewers 413 886. Viewers to be sworn 413 887. The view. Estimate of damages. Report 413 888. Compensation of viewers 414 889. Appeal from report or viewers 414 890. Costs. By whom paid 414 891. Eminent domain. Entension of corporate privileges 414 892. Officers of institutions receiving state aid shall not sell or fur- nish supplies. Misdemeanor. Fine and penalty 418 893. Manager or trustee of an institution receiving state aid forbid- den to sell or furnish supplies to students 41S 894. State may purchase real estate of normal school in certain cases 895. Return of sale to be made to auditor general 421 896. Appropriation to pay purchase money 421 897. Insurance money to be held in trust 421 898. Insurance money to be used for repairing and rebuilding 421 Normal school districts. 828. For the purposes of the following act, the counties of Delaware, Chester, Bucks, and Montgomery, shall form 394 COMMON SCHOOL LAW the first normal school district ; Lancaster, York and Leb- anon, the second ; Berks, Schuylkill and Lehigh, the third ; Northampton, Carbon, Monroe, Pike, Luzerne and Wayne, the fourth ; Wyoming, Sullivan, Susquehanna, Bradford, Lycoming and Tioga, the fifth ; Dauphin, North- umberland, Columbia, Montour, Union, Snyder, Perry, Juniata and Mifflin, the sixth ; Cumberland, Adams, Frank- lin, Fulton, Bedford, Huntingdon and Blair, the seventh ; Centre, Clinton, Clearfield, Elk, Potter, McKean, Jefferson, Clarion, Forest and Warren, the eighth ; Cambria, Indi- ana, Armstrong and Westmoreland, the ninth ; Washing- ton, Grepne, Fayette and Somerset, the tenth ; Allegheny, Butler and Beaver, the eleventh ; and Lawrence, Mercer, Venango, Crawford and Erie, the twelfth.' Thirteenth normal school district erected. 829. The eighth normal school district of this Com- monwealth, as provided by section i of the act of May 20, 1857,* be and the same is hereby divided ; and from this date, the said eighth normal school district shall consist of the counties of Centre, Clinton, Clearfield, Elk, Potter and Cameron, and the counties of Jefferson, Clarion, Forest, Warren and McKean shall constitute the thirteenth dis- trict.' Establishment of normal schools. 830. When any number of citizens of this state, not less than thirteen, shall, as contributors or stockholders, erect and establish a school for the professional training of young men and women as teachers for the common schools of the state, in accordance with the provisions of this act, such school may become entitled to its benefits, in the man- ner hereinafter set forth : Provided, however, That not more than one such school shall, at the same time, become and continue to be entitled to such benefits in each of the forego- ing normal school districts ; and that this act shall not take effect till at least four such schools, in as many different dis- 1. Act Mrj 20, 1857, Sec. I, p. L. 581. *P. L. 581, Supra 828. 2. Act May 8, 1874, Sec. i, P. L- 120. STATE NORMAL SCHOOLS 395 tricts, shall have complied and been recognized in accord- ance with the provisions of this act ^ Management of normal schools by boards of trustees. Votes. 331. The pecuniary affairs of each of said schools shall be managed, and the general control exercised by a board of trustees, (whose officers shall be a president and secretary who shall, and a treasurer, who shall not, be members of said board), to be chosen by the contributors or stockholders on the first Monday in May annually ; but no contributor or stockholder shall have more than five votes at the elec- tion of trustees ; and no religious test or qualification shall be required, to entitle any one to become a contributor, stockholder, trustee, professor or student in any of said schools."" Power of boards of trustees to receive, hold and use real and per- sonal estate. 832. After the said schools shall have been recognized under the provisions of this act, it shall be lawful for them to receive, hold and use, under the direction of their trustees aforesaid, any devise, bequest, gift, grant or endowment of property, whether real or personal, which mav be made to them ; and the same shall be so applied by the trustees as shall, in the opinion of a majority of them, increase the ef- ficiency and usefulness of the said schools, subject, however, to any terms, conditions or restrictions which may be at- tached to such devise, bequest, gift, grant or endowment, not inconsistent with the spirit and purposes of this act ; and the said trustees shall have authoritv to bring suit in their name as trustees, and do all other things necessary for the recovery, use and application of the same.^ Trustees to make annual reports. Visitation. 833. The trustees of each of said schools, after being recognized under the provisions of this act, shall annually in the month of October furnish, under oath or affirmation of the president of the board of trustees, to the superintend- 3. Act May 20, 1857, Sec. 2, P. L. 581. 4. Act May 20, 1857, Sec. 3, P. L. 581. 5. Act May 20, 1857, Sec. 4, P. L. 581. 396 COMMON SCHOOL LAW ent of common schools, a full account of its pecuniar}' con- dition, showing income and debts, if any, salaries and other expenses, and dividends declared, together with the number of students admitted and graduated, the branches taught, the apparatus procured, the improvements effected, and the changes made during the preceding year, and such other information as said superintendent of common schools may, from time to time, b}' his general circular to all of said schools, require to be furnished ; and each of said schools shall always be open to the visitation and inspection of said superintendent of common schools, and of the county super- intendents of all the counties within its normal school dis- trict.^ Suitable buildings and other requisites. 834. To entitle it to the benefits and privileges of this act, each of said normal schools shall possess the following requisites : I. Suitable buildings as hereinafter provided, and an area of ground appurtenant thereto, of not less than ten acres in one tract, the whole of which shall be prepared and used as a place for gymnastic exercises and healthful racre- ation by students, except so much thereof as shall be neces- sarily occupied by the buildings, botanical and other gardens, and such other purposes as shall be plainly promotive of the great objects of the institution. ^ Hall, lodging rooms and refectories. 835. II. The buildings shall contain a hall of sufficient size to comfortably seat at least one thousand adults, with class rooms, lodging rooms and refectories for at least three hundred students, all properly constructed and arranged as to light, heat and ventilation, so as to secure the health and comfort of the occupants, with proper provision for physical exercise during inclement weather.^ 6. Act May 20, 1857, Sec. 5, P. L,. 581, as amended by act April 11, 1862, Sec. 15, P. L. 475- 7. Act May 20, 1857, Sec. 6, P. L- 581. 8. Act May 20, 1857, Sec. 6, P. L. 581. STATE NORMAL SCHOOLS 397 Library for use of students. 836. III. Each school shall contain a library room for the accumulation of books for the free use of the students, a cabinet for specimens and preparations, to illustrate the natural and other sciences, such apparatus and philosophi- cal instruments as are indispensable for the same purpose^ Professors. 837. IV. Each school shall have at least six professors of liberal education and known ability in their respective de- partments, namely: — One of orthography, reading and elocu- tion ; one of writing, drawing and book-keeping ; one of arithmetic, and the higher branches of mathematics ; one of geography and history ; one of grammar and English literature, and one of theory and practice of teaching, to- gether with such tutors and assistants therein, and such professors of natural, mental and moral science, languages and literature, as the condition of the school and the num- ber of students may require. '° Principal. 838. V. The principal of each normal school shall be a professor of such one of the six indispensable branches as may be assigned to him by the trustees, and he shall be charged with the whole discipline and interior government of the school, in conformity with such regulations as shall, from time to time, be adopted by the trustees, and approved by the state superintendent of common schools." Course of study. 839. A meeting of the principals of the several normal schools, for the purpose of fixing a general course of study, and arranging other matters coming within their jurisdic- tion as a body, shall be called at Harrisburg, by the super- intendent of public instruction, whenever he shall deem it necessary, or upon a request so to do, made by three prin- cipals of state normal schools.'^ 9 Act May 20, 1857, Sec. 6, P. L. 581. 10. Act May 20, 1857, Sec. 6, P. L. 581. 11. Act May 20, 1857, Sec. 6, P. L. 581. 12. Act April 12, 1875, Sec. 10, P. L. 43. 398 COMMON SCHOOL LAW Model schools. 840. VI. Each school shall have attached to it one or more schools for practice, or model schools,with not less than one hundred pupils from the children of the vicinity, and so arranged that the students of the normal school shall there- in acquire a practical knowledge of the art of teaching under the instruction of their proper professors. '^ Qualifications for admission. 841. VII. The qualifications for admission in, and the course and direction of the term of study in all the schools shall be such as shall be approved by and at a meeting of all the principals of the normal schools then recognized under this act ; such meeting to be called from time to time, as he may deem expedient, by the state superintendent of common schools, and to take place at one or other of the annual ex- aminations hereinafter provided for, except the first meet- ing, which shall be held at such time and place as he may indicate ; and at such meetings, the act of the majority of the principals shall be binding on all the schools in refer- ence to the qualification for admission and the course and term of study, when approved by the state superintendent of common schools."* Text books. 842. VIII. The text books to be used in each of said schools shall be such as may be selected by its proper pro- fessors, with the approbation of the trustees thereof '^ Students admitted to schools on school district account. Exam- ination. 843. IX, Each of said schools shall admit when re- quired, and retain during the whole term of study, if so long they behave themselves well, one student annually, alter- nately male and female, from each common school district within the counties composing its normal district, at a cost of not more than five dollars each for the term or quarter of eleven weeks, to be paid in advance by the board of directors sending them ; said students to be selected after public ex- 13. Act May 20, 1857, Sec. 6, P. L. 581. 14. Act May 20, 1857, Sec. 6, P. L. 581. 15. Act May 20, 1857, Sec. 6, P. L. 581. STATE NORMAL SCHOOLS 399 amination by said directors from amongst those, if males, of the age of sixteen or upwards, and if females, of not less than fourteen years, who manifest a desire and a capacity to exer- cise the profession of teaching, preference being always given to those of the best moral character, most studious habits and greatest proficiency in knowledge, but no one to be so admitted unless proficient in all the studies required for entrance into the normal schools by their general regu- lations, adopted under Article VII.* of this section.'^ Compensation from other students. 844. X. Students other than those admitted on district account, to pay such sum for tuition as the trustees shall de- termine ; but in the admission of such students the prefer- ence always to be given to such as are designed for the pro- fession of teaching, and as between private and public stu dents, a like preference to be given to the latter in case of insufficiency of room to accommodate all who apply, and no difference in the charge for boarding and lodging to be made in favor of any class of students.''' When pupils from school district may be instructed in normal schools. Payment of expenses. Minutes. 845. From and after the passage of this act it shall be lawful for the trustees of the state normal schools now within the Commonwealth of Pennsylvania, or that may hereafter be established within said Commonwealth, and the school directors of any school district to enter into an ar- rangement or agreement between such trustees and such school directors of such district by which the pupils of such school district, or any portion of them as may not be convenient to any school, may be instructed at any such state normal school, and the expense of such instruction shall be paid as may be agreed upon between the directors or controllers of such district and the trustees of any of said normal schools. Such action of the said school district or districts and the trustees of such state normal school shall * Supra 841. 16. Act May 20, 1857, Sec. 6, P. L. 581. 17. Act May 20, 1857, Sec. 6, P. L. 581. 400 COMMON SCHOOL LAW be entered, respectively, upon the minutes of the said re- spective boards.'^ Admission of teachers from common schools. 846. XI. Teachers who shall have taught a common school in their proper normal district during a full school term of their common school district next preceding their application, may be admitted for any term not less than one month into their proper norma!' school, at a charge for in- struction not to exceed two dollars per month, and shall pay the same price for boarding and lodging, if there be room for them, as other students, and shall have the same care and facilities for study in proportion to their advancement. '^ Examinations of graduating classes. Board of examiners. Ap= pointment of Board. 847. All examinations of the graduating classes at the normal schools shall be conducted by a board, of which the superintendent of public instruction or his deputy shall be president, of two principals of the normal schools, of whom the principal of the school where the students are to be ex- amined shall be one, and not less than two nor more than six county, city, borough or township superintendents, to be appointed by the superintendent of public instruction. ^° Appropriation for expenses of board of examiners. 848. The expenses incurred by the members of the several boards of examiners shall be paid by the state, as provided by existing laws, and the sum of two thousand dollars, or so much thereof as may be necessary, shall be annually appropriated for that purpose." All acts or parts of acts inconsistent herewith are herewith repealed."^ Manner of holding examinations. 849. XII. The annual examinations shall take place in the presence of the superintendents of all the counties em- braced in the proper normal school districts." 18. Act June 28, 1895, Sec. i, P. L- 412. 19. Act May 20, 1857, Sec. 6, P. L- 581. 20. Act April 23, 1895, Sec. i, P. L- 41. 21. Act April 23, 1895, Sec. 2, P. L. 41. ■21%. Act April 23, 1895, Sec. 3, P. L. 41. 22. Act May 20, 1857, Sec. 6, P. L. 581. STATE NORMAL SCHOOLS 401 Power to expel students attending school on district account. 850. XIII. The faculty of each normal school shall have the power to expel any student attending on district account for improper conduct, which expulsion and the cause of it shall forthwith be certified in writing bv the principal to the directors of the district from which the ex- pelled student was admitted, whereupon such directors shall have the right to supply the vacancy thus created. ^^ Examinations of schools desiring to be admitted to the privileges of normal schools. 851. When the trustees of any school desirous of claim- ing the privileges of this act shall make application to the state superintendent of common schools, it shall be the duty of the superintendent of common schools, together with four other competent and disinterested persons, to be chosen by him, with the consent of the governor, and all the super- intendents of the counties in the normal school district in which such school shall be situated, on receiving due notice from the department of common schools personally, and at the same time, to visit and carefully inspect such school ; and if, after thorough examination thereof, and of its by- laws, rules and regulations and of its general arrangement and facilities for instruction, they or at least two-thirds of them shall approve the same, and find that they fully come up to the provisions of this act, in that case and in no other they shall certify the same to the department of common schools, with their opinions that such school has fully com- plied with the provisions of this act, as far as can be done before going into operation under this act ; whereupon the state superintendent shall forthwith recognize such school as a state normal school under this act, and give public notice thereof in two newspapers in each county in the proper normal school district, and thenceforward this act shall go into full operation, so far as regards such school, without any further proceedings : Provided, however. As hereinbe- fore set forth, that no such notice shall be given until at least three other normal schools, in as many different nor- mal districts, shall have been similarly inspected, approved 23. Act May 20, 1857, Sec. 6, P. L. 581. 402 COMMON SCHOOL LAW and certified to the department of common schools ; and if npon due inspection any school so applying shall be found insufficient under this act, said board of inspectors shall so report to the superintendent of common schools, who shall thereupon inform the trustees thereof of such adverse re- port.^"* Proceedings where two or more schools make application. Visit- ation. 852. If two or more schools apply in the same district to be recognized under this act at the same time, all of them shall be visited in the manner prescribed by the next pre- ceding section, and the one found to possess the largest and best accommodations and arrangements, to give effect to the purposes of this act, shall be preferred, and so certified if it fully come up to the requirements of this act ; and if two or more schools in the same district be found to possess equal accommodations and arrangements fully up to the require- ments of this act, in that case the one nearest to the centre of the proper normal district shall be preferred, and certified for recognition to the department of common schools ; and if one or more of the schools thus applying for recognition give notice to the department of common schools, with rea- sonable assurance that it or they are not now ready for in- spection under the seventh section of this act,* but will be within the term of six months from and after the date of such notice, in that case none of the applicant schools shall be inspected in such district till such time within said six months when all shall be prepared for inspection, when like proceedings shall take place as have been prescribed in the preceding part of this and the seventh section. ^^ Examination of candidates for graduation. Certificates of schoU arship. 853. The board of principals who shall examine the candidates for graduation in any of the normal schools under this act, shall issue certificates to be signed by all of them to all such students of the full course as two-thirds of 24. Act May 20, 1857, Sec. 7, P. L. 581. * Supra 851. 25. Act May 20, 1857, Sec. 8, P. L. 581. STATE NORMAL SCHOOLS 403 the board shall approve, setting forth expressly, the branches in which each have been fonnd dnly qnalified, which certifi- cates must embrace all the branches enumerated in the fourth article of the fifth section of this act,* including the theory but not including the practice of teaching, and may also em- brace any additional branches in which the graduate was found proficient ; actual teachers of common schools in good standing who shall produce satisfactory evidence of having taught in common [schools] during three full con- secutive annual terms of the districts in which they were employed, may also be examined at the same time and in the same manner with the regular students of their proper normal school, and if found equally qualified, shall receive certificates of scholarship of the same kind.^^ Certificates. Effect thereof. 854. All the certificates granted under this section shall be received as evidence of scholarship to tlie extent set forth on the face of them, without further examination, in every part of the state. ^^ When additional certificate may be granted. 855. Whenever the holder of any certificate under this section shall by study and practice, have prepared for exam- ination in any branches of study additional to those in such certificate, he or she may attend the annual examination of the normal school of the district, and if found dnly quali- fied, shall receive a new certificate, setting forth all the branches in which up to that time, he or she may have been found proficient ; and thenceforth such enlarged certificate shall also be evidence of scholarship to the extent of it in every part of the state without further examination.^^ When certificates of graduation shall be issued. Proof required. 856. No certificate of competence in the practice of teaching shall be issued to the regular graduate of any of said normal schools, till after the expiration of two years from the date of graduation, and of two full annual terms * Supra 837. 26. Act May 20, 1857, Sec. 9, P. L. 581. 27. Act May 20, 1857, Sec. 9, P. L. 581. 28. Act May 20, 1857, Sec. 9, P. L. 581. 404 COMMON SCHOOL LAW of actual teaching in the district or districts in which such graduate taught, nor to any teacher who shall hold a full certificate of scholarship, without having been a regular student and graduate, unless upon full proof of three years actual teaching in a common school or schools, nor in either case without the production of a certificate of good moral conduct, and satisfactory discharge of the requisite duration of professional duty, from the board or boards of directors in whose employment the applicant shall have taught, countersigned by the county superintendent of the proper county or counties ; on the production of wdiich proof and not otherwise, a full certificate of competence in the prac- tice of teaching shall be added to the certificate of scholar- ship, and of theoretical knowledge of the science of teaching already possessed, to be received as full evidence of practical qualification to teach in any part of the state without hirther examination : Provided, however, That practical teachers who shall upon due examination, receive a certificate of scholarship, may at the same time receive a certificate in the practice of teaching, upon producing the required evi- dence of three years' previous experience in the art of teach- ing and of good moral conduct.^'' Normal school second diploma. 857. Under the act of May 20, 1857, the necessary two years of actual teaching must be in Pennsylvania before a second diploma can be granted to a graduate of a normal school. If students go into other states to teach, Pennsyl- vania received no direct benefit, although she has contrib- uted liberally to their support. Of course, it is not within the power of the legislature to prevent graduates of our normal schools from going into other states to teach, but it can say that by so doing they forfeit the advantages which the law confers upon those teachers who give their services to our common schools.^" Number of vote* necessary to obtain a certificate or to graduate. 858. No person shall graduate at a state normal school or receive a state certificate as a practical teacher, unless by 29. Act May 20, 1857, Sec. 10, P. L. 581. 30. Teachers' Certificate, 16 Pa. C. C. 403. STATE NORMAL SCHOOLS 405 the affirmative vote of four out of five members of the board of examiners.^' Provisional certificates. Degree of scholarship. 859. No temporary or provisional certificate nor cer- tificate of any less degree of scholarship than that required by the ninth section of this act, shall be issued by said board of principals nor by the faculty of any of said schools, but the principal of each of said schools may certify in writing, to the length of time which teachers may have at- tended under the eleventh article of the sixth section of this act,* and the manner of their deportment while in attend- ance^^ Duty of students who graduate on district account. 860. The students who shall graduate on district ac- count in any of said normal schools, shall be liable to devote the next three years after their graduation, to the exercise of their profession as teachers in the common schools of the district which defrayed the expense of their professional in- struction, if so required by the respective boards of directors of such districts, and at the medium salary or compensation paid in such districts, and if not so required by their proper district, they shall devote said three years to the employ- ment of teaching in thecommon schoolsofsomeother district or districts, at such salary as may be given therein ; and each of said students before admission to the proper normal school, shall subscribe a written declaration of his or her in- tention to comply with the provisions of this section, which shall be deposited with the secretary of the board of direc- tors of the proper common school district.^^ Duty of superintendent. 861. It shall be the duty of the superintendent of com- mon schools to prescribe all forms and to give all instruc- tions required for carrying this act into full effect on all points not herein set forth in detail, ^4 31. Act May 12, 1875, Sec. 9, P. L. 43- * Stipra 846. 32. Act May 20, 1857, Sec. 11, P. L- 581. 2,3. Act May 20, 1857, Sec. 12, P. L. 581. 34. Act May 20, 1857, Sec. 13, P. L. 581,' 4o6 COMMON SCHOOL LAW When normal schools shall go into operation. 862. As soon as a normal school, such as is contem- plated and described by theact^s to which this is a supplement, shall be in full operation in any of the districts created by said act,3^ f>nd shall have all the Requisites, and have been visited, approved and recognized in the mode directed by said act, then said act shall go into operation as fully and effectually, in regard to said school, as if the four schools thereby re- quired had been established and recognized : Provided, how- ever, That not more than one school in each district shall be recognized under this act.^^ ' ' Requisites for the establishment of a normal school. 863. The requisites to entitle any school to the benefits of this act, or the one to which this is a supplement, as set forth in the sixth section thereof, are hereby altered in the following particulars, viz. : The pupils of the model school inay or may not be from the immediate vicinity of the nor- mal school with which it is connected, as in the discretion of the trustees thereof shall seem most expedient ;3'^ that the cost of the tuition of all classes of students, whether admitted on common school district account, private account, or whether they are actual school teachers, shall be fixed by the trustees of the several schools ;39 that the examination of students for graduation,'^" if only one school shall be in rec- ognized operation, shall be by the faculty thereof : if two schools shall be in operation, it shall be by the principals of both ; if three, it shall be by the principals of all, or at least two of them ; and when more than three shall be in opera- tion, the examination shall never be conducted by less than three principals, to be designated as prescribed by the twelfth paragraph of the sixth section of said act,"*' of whom the principal of the school whose students are to be examined shall be one : And provided. That these examinations shall 35- Act May 20, 1857, P. L. 581. 36. Supra, 828-829. 37- Act April 15, 1859, Sec. i, P. L- 680 38. Supra, 840. 39- Supra, 843-844-845. 40. Supra, 847-848-849. 41. Supra, 849. I STATE NORMAL SCHOOLS 407 in all cases be conducted in the presence of the superin- tendent of couiinon schools and the county superintendents of the proper district, if they desire to attend, upon receiv- ing due notice ; that the certificate to graduates shall em- brace such branches of learning, in addition to those of orthography, reading, writing, English grammar, geography and arithmetic, as shall be prescribed by the board of prin- cipals in accordance with the seventh paragraph of the sixth section of said act,^^ or by the principal of the first school recognized, so long as only one shall be in operation ; and the certificate shall be signed by all the examiners, if less, and by at least two-thirds of them, if more than three, and also by the whole faculty of the proper school, in every case.''^ State trustees. Appointment. 864. The state superintendent shall appoint, on or be- fore the first Monday of May, annually, two citizens of each normal school district in which a normal school is in opera- tion, and which have received or shall receive any appro- priation from the state, to act as trustees on the part of the state, with all the rights and privileges of other trustees in the boards of trustees of the several normal schools : Pro- vided, That this act shall apply to such normal school asso- ciations as shall accept its provisions/'* State appropriation. 865. For the support of the public schools and normal schools of this Commonwealth, for the two years com- mencing on the first day of June, one thousand nine hun- dred and five, the sum of eleven million one hundred thou- sand dollars. '♦s Allowance to students who agree to teach in the common schools. 866. Out of the sum of eleven million one hundred thousand dollars hereby appropriated, there shall be paid for the education of teachers in the state normal schools the 42. Supra, 841. 43. Act April 15, 1859, Sec. 2, P. L. 680. 44. Act February 15, 1872, Sec. i, P. L. 16. 45. Sec. 8 of the General Appropriation Act of 1905, P. L. 596. 408 COMMON SCHOOL LAW sum of four hundred and seventy-five thousand dollars, to be applied as follows : For each student over seventeen years of age, who shall sign an agreement binding said student to teach in the common schools of this state two full annual terms, there shall be paid the sum of one dollar and fifty cents a week, in full payment of the expenses for tuition of said students.'*^ Instruction of pupils drawing; an allowance. 867. Each student in a state normal school drawing an allowance from the state nmst receive regular instruction in the science and art of teaching, in a special class devoted to that object, for the whole time for which such allowance is drawn ; which amount shall be paid upon the warrants of the superintendent of public instruction/'' Allowance of fifty dollars to graduates of normal schools. 868. To each student who, during the school 5'ear commencing on the first Monday of June, one thousand eight hundred and sixty-six, shall have graduated at any of the normal schools of the state, and who shall sign an agree- ment, binding said student to teach, in the common schools of the state, two full years, there shall be paid the sum of fifty dollars/^ Graduates under seventeen years old not entitled to fifty-dollar allowance. 869. The allowance of fifty dollars to graduates of nor- mal schools who agree to teach two years in the public schools cannot be paid to students who graduate under age of seventeen.'^'' Trustees and their powers. Election and appointment. 870. The pecuniary and other affairs of each state nor- mal school shall be managed by a board of eighteen trustees, twelve elected by the contributors or stockholders, and six appointed by the superintendent of public instruction. 5° 46. Sec. 8 of the General Appropriation Act of 1905, P. L. 596. 47. Sec. 8 of the General Appropriation Act of 1905, P. L. 596. 48. Act April II, 1866, Sec. i6, P. L- 73- 49. In re Normal School, 5 D. R. 501, 1896. 50. Act April 12, 1875, Sec. i, P. L. 43. STATE NORMAL SCHOOLS 409 Elections of trustees by contributors or stockholders. 871. The trustees on the part of the contributors or stockholders shall be elected from their own number, at a meeting to be held on the first Monday in May, annually.^' State trustees. Nomination and appointment. 872. The contributors or stockholders shall, at the an- nual meeting, select and nominate to the superintendent of public instruction twice as many persons as are to be ap- pointed, from whom, if satisfactory to him, he shall appoint the required number to act in the board as trustees on the part of the state ; but if the nominations so made be not satisfactory to the said superintendent of public instruction he shall, with the advice and consent of the governor, choose others deemed more suitable.^^ First election and appointment. 873. At the first annual meeting, after the passage of this act, of the contributors or stockholders of all normal schools now acting as state institutions, and at a meeting of the contributors or stockholders of all normal school associations applying to the proper authorities for recogni- tion as state normal schools, twelve persons shall be elected trustees on the part of such contributors or stockholders, four to serve for one year, four for two years, four for three years ; and thereafter only four persons are to be elected an- nually, to serve for three years ; and at the same time, said meetings of contributors or stockholders shall nominate twelve persons to the superintendent of public instruction from whom, if satisfactory, or if not, as hereinbefore directed, he shall appoint two trustees to serve for one year, two for two years, two for three years ; the nominations for all sub- sequent years being limited to four, and the appointments to two, to serve for three years.53 Quorum. 874. Seven trustees shall be necessary to constitute a quorum to do business ; and that after the approval pro- 51. Act April 12, 1875, Sec. 2, P. L. 43. 52. Act April 12, 1875, Sec. 3, P. L. 43. 53. Act April 12, 1875, Sec. 4, P. L. 43- 4IO COMMON SCHOOL LAW vided for in section seventh of the act of 1857,^4 all changes in by-laws and rules for regulating the proceedings of the board must be approved by the superintendent of public in- struction. '^s Powers and privileges of the two classes of trustees. 875. The powers and privileges of the two classes of trustees in the board shall be the same ; but it shall require a three-fourths vote of all the trustees present at any meet- ing of the board to pass any motion or resolution on which the yeas and nays are called.* ^^ Meeting of board of trustees. Majority of trustees requisite t<» pass motions. 876. So much of the sixth section of the act to which this is a supplement, '■^ as provides that it shall require a three-fourths vote of all of the trustees present at any meet- ing of the board to pass any motion or resolution on which the yeas and nays are called, be and the same is hereby re- pealed, except so far as relates to any motion or resolution for the sale of real estate belonging to the corporation, or for the purchase of real estate by the corporation, or for cre- ating any lien on said real estate by payment or mortgage, or for the expenditure of moneys appropriated by the state where such expenditure is not specifically designated by law, or for the surrender of the franchises of the corpora- tion : Provided, That at any such meeting a inajority of the whole board of trustees be present.s'^ Distribution of state appropriation. 877. All state appropriations made directly to normal schools shall be distributed through a commission, consist- ing of the governor, the superintendent of public instruc- tion and the attorney general, on such conditions as shall protect the interests of the state, and to do exact and equal justice to the several schools ; and the conditions of all such 54- Supra, 85. 55- Act April 12, 1875, Sec. 5, P. L- 43. * Note—'$>^& Infra, 876. 56. Act April 12, 1875, Sec. 6, P. L. 43. 57. Supra, 875. 58. Act March 24, 1877, Sec. i, P. L. 37 STATE NORMAL SCHOOLS 411 appropriations, when made to aid stndents in becoming teachers, shall be fixed by the law making them.^^ . Limitation of indebtedness. 878. No institution shall hereafter be recognized as a state normal school with an indebtedness exceeding one- third of the value of the property belonging thereto, nor without being fully provided with buildings, furniture and apparatus as the law requires. ''° Bonded indebtedness may be refunded, increase of mortgage. Statement to auditor general. 879. The several normal schools of the state of Penn- sylvania, by their trustees, be and they are hereby authorized and empowered to replace, upon the buildings and grounds of any of said schools or any part of the same, any mortgage that is or shall become due on or after the passage of this act, at a lower rate of interest, not to exceed five per centum per annum ; and to increase said mortgage to a sum not, in any event, to exceed fifty thousand dollars, for the payment of debts contracted by the trustees of such normal school prior to the time of the passage of this act : Provided, Said increase is for the purpose of paying loans and indebtedness heretofore contracted by said trustees for the erection of buildings and making of improvements to buildings and grounds : And provided, also. That an itemized and certified statement of the expenditures of said buildings and im- provements be first submitted to the auditor general, and be approved by him.^' Execution of bonds and mortgages. 880. The bonds and mortgages of such school, hereby authorized, shall be signed by the president and attested by the secretary of the board of trustees, under the seal of the school, by the direction of the board of trustees, and shall be payable at such time as they may fix.^- 59. Act April 12, 1875, Sec. 7, P. L. 43. 60. Act April 12, 1875, Sec. 8, P. L. 43. 61. Act May 22, 1901, Sec. i, P. L. 290. 62. Act May 22, 1901, Sec. 2, P. L. 290. 412 COMMON SCHOOL LAW Priority of lien. Exemption from tax. 88 T. The said bonds and mortgages, to be so placed, shall be prior liens to all mortgages and liens of the Com- monwealth of Pennsylvania for money heretofore appro- priated to the said schools by the state of Pennsylvania ; and that said bonds and mortgages shall be and hereb}- are exempt from all taxes. ^-^^ No power to mortgage without special statutory authority. 882. The trustees of a state normal school have no power to mortgage the school property in the absence of authority by special statute. The act of the 2 2d of May, 1901, confers such power only for the purpose of refunding existing bonded indebtedness at a lower rate of interest.^'' Normal schools subject to mechanics' liens. 883. V normal school incorporated for the purpose of training teachers for the public schools, and receiving rec- ognition and aid from the state under the act of May 20, 1857, P. L. 581, is not a quasi public corporation, and its property is subject to mechanics' liens.^s Condemnation of real estate. Enlargement of school grounds. Bond. 884. Whenever the board of trustees of any state nor- mal school of this Commonwealth deem it necessary to en- large the area of the real estate upon which the buildings of said normal school are erected, to meet the growing de- mands of said institution, including a campus, and cannot agree with the owner or owners of the land they wish to acquire, as to its purchase or occupancy, it shall be lawful for said board of trustees, on behalf of said normal school district, to enter upon and occupy sufficient ground for the purposes aforesaid, which they shall mark off, not exceeding two acres, and to use and occupy the same, for the purposes for which they desire to use and occupy the same in con- nection with the said school ; and for all damages done for the taking of the same, for the purposes as aforesaid, the 63. Act May 22, 1901, Sec. 2, P. L. 290. 64. School Boards, 11 D. R. 134, 1902. 65. McLeod vs. Normal School, 152 Pa. 575, 1893. i STATE NORMAL SCHOOLS 413 trustees of such uormal school district shall give bond, with security approved by the court of common pleas of the county in which such lands are situated, conditioned for the payment of such damages when the same shall be agreed upon by the parties or assessed according to law, which bond shall be filed in said court, for the use of the person interested.^^ Petition. Appointment of viewers. 885. The court of common pleas of the county in which said normal school is located, on application thereto by peti- tion, either by said normal school district by its president or secretary, they being instructed by their board so to do, or by the owner or owners of said lands, in behalf of all to appoint a jury, consisting of three disinterested citizens of said county and appoint a time, not less than thirty days thereafter, for said viewers to meet upon said land, of which time and place at least ten days' notice shall be given by petitioner to the said viewers and the other party.'''' Viewers to be sworn. 886. The said viewers or any two of them having first been duly sworn or affirmed faithfully, justly and impar- tially to decide and a true report to make concerning all mat- ters to be submitted to them in the premises.^^ The view. Estimate of damages. Report. 887. Having viewed the ground, they shall estimate and determine the quantity and value of said land so taken, to be used for the purposes aforesaid ; and after having made a just and fair comparison of the advantages and disadvan- tages, they shall estimate and determine whether any, and, if any, what amount of damages has been or may be sus- tained, and to whom payable, and make report thereof to said court ; and if damages be awarded, and the report be confirmed by the said court, judgment shall be entered therefor; and if the amount thereof be not paid within thirty days after the entry of said judgment, execution to 66. Act July 10, 1901, Sec i, P. L,. 632. 67. Act July 10, 1901, Sec. 2, P. L. 632. 68. Act July 10, 1901, Sec. 2, P. L. 632. 414 COMMON SCHOOL LAW enforce payment shall be had as in other similar cases ; Provided, That either party shall have the right to have re- viewers appointed by said court.^ . Compensation of viewers. 888. Each viewer shall receive three dollars per day for each day necessarily employed in said view or review.^ Appeal from report of viewers. 889. Each party shall have the right to appeal from the report of said viewers or reviewers to the court of com- mon pleas, within thirty days after the filing of such report, and the same" shall be tried by a jury as in similar cases.^' Costs. By whom paid. 890. The cost of the first view shall be paid by the party condemning the property ; the cost of the review or appeal shall be paid by the party losing the controversy."^ Eminent domain. Extension of corporate privileges. 891. This is a proceeding under the act of July 10, 1 90 1, P. L. 632, authorizing the condemnation of real es- tate needed for the use of state normal schools. The prayer of the petition is that the title to the real estate within the boundaries set forth be declared to be in the petitioner freed from any easement or right of wa}^ over the premises on ac- count of the location of streets and alleys thereon. In 1873 L. W. Morgan laid out an addition to the town of California outside of the borough limits. The land included in the plan was divided into thirty-six lots with streets and alleys connected therewith. A copy of the plan of lots was recorded in the office of the recorder of deeds of the county. The petitioner purchased a block of twelve of these lots prior to July, 1901. The otlier lots were sold to different persons. The plan of lots attached to the petition shows that a street fifty feet wide extends from the Monon- gahela River through the middle of the whole block of lots and connects with a public road. The Monongahela River 69. Act July 10, 1901, Sec. 2, P. L. 632. 70. Act July 10, 1901, Sec. 2, P. L. 632. 71. Act July 10, 1901, Sec. 2, P. L. 632. 72. Act July 10 1901, Sec. 3, P. L- 632. J STATE NORMAL SCHOOLS 415 Consolidated Coal and Coke Company owns the six lots nearest to the Monongahela River and C. W. Yarnell owns three lots near the middle of the block, all of which lots front on the street referred to. The coal and coke company has a coal tipple, a coal siding, several houses and other im- provements on its lots adjoining the river and the only out- let it has to any public road is over this street Access is also had to the Yarnell lots by the same means. The town- ship authorities never formally accepted the street, but it was used by the owners of the lots abutting thereon and by the public as a highway for more than twenty-one years prior to the passage of the act of 1901. The petitioner is the owner by purchase of lots Nos. 10 to 15 fronting on one side and Nos. 28 to 33 fronting on the other side of this street. The object of the present proceeding is to close that part of the street and the alleys connected therewith on which these lots front in order that the petitioner may have exclusive^ possession of the street to be used in connection with the grounds occupied as a campus. It is not claimed that prior to the act of 1901 a normal school had the right of condemnation now set up. That act provides that when the board of trustees of any state normal school deems it necessary " to enlarge the area of the real estate upon which the buildings of such normal school are erected " and cannot agree with " the owner or owners of land they wisli to acquire as to its purchase or occupancy," they may enter upon and occupy sufficient ground for the purpose '' which they shall mark off not exceeding two acres." The second section of the act provides for the ap- pointment of view^ers who, after having viewed the ground *' shall estimate and determine the quantity and value of the said land so taken to be used for the purposes afore- said." If we concede that the act is a valid investiture of state normal schools with power to condemn real estate, without an express limitation of the land so condemned to pub- lic use, such legislation being in derogation of private rights should be strictly construed. " No lax construction of the grants to corporations is required against public in- 41 6 COMMON SCHOOL LAW terest and individual rights :" Cake vs. Philadelphia and Erie Railroad Co., 87 Pa. 307. Acts extending corporate privileges are to be construed most strongly against the company setting them up and whatever is not unequivo- cally granted must be taken to be withheld : Pennsylvania Railroad Company's Appeal, 93 Pa. 150 ; GrofF's Appeal^ 128 Pa. 621. The power must be given in plain words or by necessary implication. All powers not given in this direct and unmistakable manner are withheld : Com. vs. E. & N. E. R. R. Co., 27 Pa. 351. Does then the act of 1901 authorize the proceeding now sought to be enforced ? An inspection of the statute makes it very clear that in legislative contemplation the "ground" or ''land" to be taken was other than the land of the peti- tioner, and that the subject of condemnation was "ground" or " land." A method was thereby established for securing a limited enlargement of the "area of the real estate upon which the buildings of the said normal school are erected." A bond is required to be approved by the court of common pleas of the county "in which such lands are situated ;" and the viewers are to determine "the quantity and value of the said land so taken." In the case under consideration the petitioner is already the owner of the land upon which the highway is located and seeks by this proceeding not to condemn the land of another owner but a public right of way over its own land. That a right of way may be appropriated is undoubtedly true, but our attention has not been called to any case in which a right of way has been taken except in connection with the land over which the right of way exists. We agree, therefore, with the conclusion of the learned judge of the court below that the act of 1901 does not authorize the act sought to be accomplished in this case. There is another objection to the proceeding, however, which we regard as insuperable. The attempt is to appro- priate a public street without any apparent necessity so to do. It was held in Heckerman vs. Hummel, 19 Pa. 64, that the dedication of streets and alleys in laying out a plan for a town is a contract with the public, and in Quicksall STATE NORMAL SCHOOLS 417 VS. Philadelphia, 177 Pa. 301, that the sale of lots according to a plan which shows them to be on a street implies a grant or conveyance to the purchaser that the street shall be for- ever open to the public, and operates as a dedication of it to public use. The right to the purchaser is not the mere right that he may use the street, but that all persons may use it. Where one conveys lots according to a plan which shows them to be on streets, he must be held to have stamped on them the character of public streets : In re Opening of Pearl Street, 1 1 1 Pa. 565. The same doctrine was reasserted in Woodward vs. Pittsburg, 194 Pa. 193. The " easement " which the petitioner seeks to con- demn is a public street, made so not only by the dedication of the owner of the land who established the plot and sold lots in accordance therewith, but also by continuous use by the public for more than twenty-one years. That franchises are subject to eminent domain has been determined in numerous cases, but it is as certainly declared that they cannot be taken without authority clearly expressed or by necessary implication. It was held in Pittsburg Junction R. R. Co.'s Appeal, 122 Pa. 511, that while a franchise is property, and as such may be taken by a corporation having the right of eminent domain, yet in favor of such right there can be no implication unless it arises from a necessity so absolute that without it the grant itself would be termi- nated. It must also be a necessity that arises from the very nature of things over which the corporation has no control. It must not be a necessity created by the company itself for its own needs or for the sake of economy To the same effect is Groff's Appeal, supra ; Cake vs. P. & E. R. R. Co., supra ; Stormfeltz vs. Manor Turnpike Co., 13 Pa. 555. In the case of a street or highway, however, something more than necessity is required to authorize ah appropria- tion. A public street is a public franchise, and is not such property as a corporation may take for its own use under the general power of eminent domain. It is a franchise which cannot be violated except by express legislative authority : Pa. R. R. Co.'s Appeal, supra. No direct legis- lative grant authorizes the appellant to appropriate the 4l8 COMMON SCHOOL LAW street, nor, if the subject were a private franchise, has any absolute necessity for its condemnation been disclosed. We are therefore of the opinion that the authority asserted does not exist, and that the •conclusion of the learned judge of the court was correct. ''^ Officers of institutions receiving state aid shall not sell or furnish supplies. Misdemeanor. Fine and penalty. 892. No officer or member of the board of managers of an institution, at a time when said institution is receiving state moneys from legislative appropriations, to furnish sup- plies to such institution, either by direct sale or sale through an agent or firm, or to act as an agent for another in so fur- nishing supplies. Any person who may violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not ex- ceeding one year, or both fine and imprisonment at the discretion of the conrt.'''^ Manager or trustee of an institution receiving state aid forbidden to sell or furnish supplies to students. 893. Attorney General Carson said : — '' I have considered your request for an opinion upon the following facts : " You state that there is connected with the state nor- mal school at Millersville a store, for which a license is paid to the county. In this store, in addition to books, a num- ber of articles are kept to sell to students and others. Among the miscellaneous articles are school pins, alumni badges, and literary society pins. These pins and badges are sold to students and others at a small profit, they having been purchased from a jeweler who is one of 5^our trustees. "You ask whether the Act of April 23, 1903, P. L. 285, prohibits him from selling these articles to the stores in the future ; and you state that it occurs to you that gold and silver pins cannot properly be classed as school sup- plies, and you are anxious to make no mistake in the matter. 73. South Western State Normal School, 26 Pa. Superior Ct. 99, 1904. 74. Act April 23, 1903, P. L. 285. STATE NORMAL SCHOOLS 419 "I appreciate the candor and spirit of your inquiry, and also the desire of the manager or trustee to do nothing which the law forbids. " The relation of the institution to the store is not stated with precision, but I take it that the institution maintains and conducts the store, purchasing the articles dealt in and selling them to the students. I do not perceive any authority for this ; but as long as the institution con- ducts the store, I am satisfied that it belongs to the institu- tion, and thetefore constitutes a part of it. It cannot be run as an individual enterprise. As long as it exists, it must be regarded substantially as the institution itself Hence, the sale to the store of articles dealt in must be viewed as a sale to the institution itself " The first section of the Act of April 23, 1903, declares that ' It shall not be lawful for any officer or member of the board of managers of an institution, at a time when said in- stitution is receiving state moneys from legislative appro- priations, to furnish supplies to such institution, either by direct sale or sale through an agent or firm, or to act as an agent for another in so furnishing supplies.' " The violation of the provisions of the act constitutes a misdemeanor, punishable by a fine or imprisonment, or both, at the discretion of the court. " This is a penal statute and must be construed strictly. In the case of Trainer vs. Wolfe, 140 Pa. 279, a question arose under the 66th section of the Act of March 31, i860, P. L, 382, by which members, officers and agents of any corporation or public institution were forbidden to be interested ' in any contract for the sale or furnishing of any supplies or materials ' to be furnished to or for the use of such corporation or institution. It was held that as the act made no mention of the purchase of real estate and was a highly penal statute, it could not be extended by im- plication beyond its precise meaning, so as to apply to the purchase by a school board of real estate in which one of the directors was interested. "Giving the act under consideration the strictest con- struction, I am of the opinion that it is unlawful for the 420 COMMON SCHOOL LAW manager or trustee to sell anything — whether in the nature of badges, pins, class devices or otherwise — to the store. The sale is to the institution. The resale to the students does not change the character of the original act. The pur- pose of the law was to forbid a manager from maintaining a pecuniar}^ or business or creditor relation to the institu- tion of which he is an officer. Whether he makes a profit or not is not the question, or whether the institution makes a profit or not is not the question, or whether the conven- ience of students is promoted or not is not the question, nor is it even a question whether the state, directly or indirectly, gains or loses or is unaffected by the transaction. The act is aimed at the suppression and extinction of the business relation of the manager to the institution. " The word 'supplies,' while generally supposed to mean sustenance, which is food, fuel, bedding or articles of daily necessity, has a broader meaning. It may mean the act of supplying what is wanted or that which is supplied ; means of bringing relief; sufficient for use or need ; a quantity of something supplied or on hand ; a stock ; a store : Century Dictionary. "If it be convenient to furnish class pins to students, it would be equally so to furnish bats, balls, tennis rackets, golf clubs, hats, caps, trousers, knee caps, shoes, sneakers, sweaters, boxing gloves, foils, etc., until the list of articles dealt in comprised almost everything sought or likely to be sought by students of varied tastes and demands. The only safe course is to buy nothing from a manager, or to close the store and thus compel the students to do their own pur- chasing direct." ^s State may purchase real estate of normal school in certain cases. 894. In case the real estate of any state normal school, upon which the state has a lien or liens by mortgage, shall be exposed to sale by judicial process, it shall be lawful for the governor, superintendent of public instruction and at- torney general, or a majority of them, if in their opinion the interests of the state will thereby be promoted, to cause a bid or bids to be made on behalf of the state at any such 75. Public Institutions, 13 D. R. 341, 1903. STATE NORMAL SCHOOLS 42 1 sale for such sum or sums of money as may in their judg- ment be necessary to secure and protect the interests of the Commonwealth, the title, in case the property shall be struck down at their bid, to be taken in the name of the Commonwealth : Provided, That in no case shall such bid or bids exceed the amount of said lien or liens, together with prior liens, if any such exist. ^^ Return of sale made to auditor general. 895. In case any real estate shall at any such sale be struck down on the bid of the officers aforesaid, they shall make return of their action in the premises to the auditor general, who, upon passing the account, shall give a certifi- cate of the fact and amount payable out of any appropria- tion made or to be made for that purpose. -"^ Appropriation to pay purchase money. 896. There shall be and hereby is appropriated, to be paid out of any moneys in the treasury-not otherwise ap- propriated, such sum or sums as may be required to meet the bids of said officers, upon the amount being returned to and passed by the auditor general as aforesaid.''^ Insurance money to be held in trust. 897. All moneys received or that may hereafter be re- ceived by the Commonwealth from any insurance policy or policies upon buildings belonging to any of the state nor- mal schools, shall be held by the state treasurer in trust for the repairing and rebuilding of the part covered by such in- surance policy or policies, tinder direction of the trustees of such normal school. ''^ Insurance money to be used for repairing and rebuilding. 898. When the trustees of any normal school, whose buildings, insured for the use of the state, have been injured or destroyed by fire, shall have repaired or rebuilt the part 76. Act Tune 4, 1879, Sec. i, P. L. 89. 77. Act June 4, 1879, Sec. 2, P. L. 89. 78. Act June 4, 1879, Sec. 3, P. L. 89. 79. Act June 3, 1885, Sec. i, P. L. 71. 422 COMMON SCHOOL LAW covered by such insurance policy or policies, and shall sat- isfy the board of public instruction consisting of the gov- ernor, attorney general and superintendent of public in- struction, that the amount of insurance money received by the state has been expended on such repair or rebuilding, the superintendent of public instruction shall draw his war- rant in favor of said normal school for the amount of such insurance money or for such part thereof as the said board of public instruction shall be satisfied has been expended on such repair or rebuilding, and the state treasurer is author- ized and required to pay said warrant out of the insurance money thus received.^" 80. Act June 3, 1885, Sec. 2, P. L. 71. CHAPTER XXXVI. SCHOOL FOR CORNPLANTER INDIANS. PAGE. 899. Preambles 423 900. Appropriation for schools among Cornplanter Indians 423 901. Provision for the erection, furnishing and equipment of school house on Cornplanter Indian lands. Preambles 424 902. Commission to be appointed by governor 424 903. Plans for the erection of a school building.... 425 904. Contract 425 Preambles. 899. Whereas, The general assembly by enactments of eighteenth of April, one thousand eight hundred and fifty- six, ' and its supplements of tenth of February, one thousand eight hundred and seventy-two,^ and twelfth of April, one thousand eight hundred and seventy-eight,^ and the seventh day of July, one thousand eight hundred and eighty-five, '^ and the third day of July, one thousand eight hundred and ninety-five,5 and supplement thereto on the twenty-second day of July, one thousand eight hundred and ninety-seven, ^ has established schools and made appropriation for the en- couragement of education among the Cornplanter Indians, of Warren county ; And whereas. The appropriation provided for expires on the first Monday of June, one thousand nine hundred and five, and it is deemed wise to extend further aid on the part of this Commonwealth for the maintenance of said schools and the encouragement of education among said Cornplanter Indians ; therefore. Appropriation for schools among Cornplanter Indians. 900. That the annual sum of five hundred dollars be and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, to be paid to the county superintendent of schools of Warren county, on war- Note—\. P. Iv. 410. 2. P. L. 100. 3. P. Iv. 17- 4. P. Iv. 263. 5. p. L. 544- 6. P. L. 402. 424 COMMON SCHOOL LAW rant drawn on the state treasurer by the state superintend- ent of public instruction ; which money shall be disbursed by the said superintendent of Warren county, in such man- ner as shall best promote the cause of education among the Cornplanter Indians : Provided, That this act shall only continue in force for the period of ten years, and shall termi- nate on the first Monday of June, one thousand nine hun- dred and fifteen. 7 Provision for the erection, furnishing and equipment of school house on Cornplanter Indian lands. Preambles. 901. Whereas, In the year one thousand seven hun- dred and ninety-six the Commonwealth of Pennsylvania made a grant of land, located on the west side of the Alle- gheny river, in what is now Warren county, to the Indian Chief Cornplanter, of the Seneca tribe, this grant being made to said Cornplanter and his descendants to provide them with a home, and in consideration of the friendship to and great services of the said Cornplanter to the white settlers of Western Pennsylvania ; And whereas, Since the year one thousand eight hun- dred and fifty-six, the Commonwealth of Pennsylvania has maintained a school upon said land for the children of the descendants of said Cornplanter, this school now containing about thirty children of these descendants ; And whereas. The school house, built many years ago, has become dilapidated and unfit for use ; And whereas. There is no suitable place within. a dis- tance of three or four miles for a teacher to board, making it desirable if a new school building is erected that it con- tain living apartments for the teacher : — Commission to be appointed by governor. 902. That a commission shall be appointed, consisting of three persons, residents of Warren county, Pennsylvania, who shall serve without compensation, but shall be allowed necessary expenses, and who shall be appointed by the gov- ernor.^ 7. Act April 10, 1905, P. L. 124. 8. Act April 13, 1903, Sec. i, P. L. 169. SCHOOL FOR CORNPLANTER INDIANS 425 Plans. 903. Said commissioners shall prepare plans for the erection of a suitable school building, of either wood or brick as they shall decide, containing at least one suitable school room, and at least three apartment rooms for the use of a teacher, on the school house lot of the Cornplanter Indian lands, and such articles of furniture and equipment as they deem necessary ; and after said plans have been ap- proved by the superintendent of public instruction, said commissioners shall advertise for two weeks in two news- papers in the county of Warren, for proposals for the erec- tion, furniture and equipment of said school house, and shall let the erection and the furnishing and equipment to the lowest responsible bidder or bidders.^ Contract. 904. For the erection, furnishing and equipment of this building, the cost shall not exceed three thousand dol- lars; and the sum of three thousand dollars, or so much thereof as is nectssary, is hereby specifically appropriated therefor ; one-half of said appropriation to become available when the said commissioners shall file with the auditor gen- eral a copy of the plans for the building, furniture and equipment, approved by the superintendent of public in- struction, together with contracts, in writing, in satisfactory form, executed by responsible contractors, with good and sufficient sureties for the entire erection, furnishing and equipment of said building ; and the final payment of this appropriation shall be made upon the affidavits of at least two of said commissioners that the work has been completed, and the furniture and equipment installed, in full compli- ance with the plans on file with the auditor general.'" 9. Act April 13, 1903. Sec. 2, P. L. 169. 10. Act April 13, 1903, Sec. 3, P. L. 169. CHAPTER XXXVII. MISCELLANEOUS. PAGE. 905. Appointment of trustee of property conveyed by academy to common school district 426 906. Duties of trustee 427 907. Bond of trustee 427 908. Account 428 909. Removal of trustee 428 910. Independent school districts 428 911. Independent school districts abolished 428 912. When act to take effect. Proceedings to continue independ- ent school districts 429 913. How rights of property are to be determined. Notice 429 914. Notice 429 915. Report of commissioners 430 916. In reporting a new district, the commissioners should annex a draft 43° 917. Duties of assessors 431 918. Election of school directors in independent districts 431 919. How independent school districts maybe formed 432 920. Proceedings upon erection of new independent school dis- tricts 432 921. Duties of county commissioners 433 922. Construction of Act May 8, 1855, P. L. 509. Court may vacate decree erecting independent school district 434 923. When certain independent school districts created by courts of common pleas may be abolished 434 924. When other independent school districts may be abolished. Disposition of property 435 925. Elections in independent school districts regulated 435 926. Abolition of independent school districts created by the courts of quarter sessions 436 927. Reversion of property 436 928. Application of Act of April 22, 1903, P. L. 237 437 929. Repeal 437 930. Against formation of independent school districts 437 931. Liquor license money payable to school districts 437 932. Penalties recovered for trespass upon private property to be paid to the school fund 438 933. Fine and penalty 438 934. Penalties payable to the school fund 438 Appointment of trustee of property conveyed by academy to com- mon school district. 905. lu all cases where the trustees of any academy or seminary in this Commonwealth, which received money or land therefrom for educational purposes, have conveyed the real estate, buildings and property, and funds of, or belong- MISCELLANEOUS 427 ing thereto, to the board of directors, and their successors in office, of the common schools of the district in which the main building thereof was situated, in pursuance of the authority contained in section sixteen of the act of April eleven, one thousand eight hundred and sixty-two, and when the amount or value of such estate, real or personal, still remaining unused and unexpended by the said school dis- trict, exceeds ten thousand dollars ($10,000), it shall be the duty of the court of common pleas of the proper county, upon the petition of the majority of the board of school directors of said school district, presented for that purpose, to appoint a suitable person as trustee of said estate thus transferred and still remaining unexpended, who shall re- ceive the same.' Duties of trustee. 906. It shall be the duty of said trustee so appointed to collect the money due upon the securities and convert the stock into money, if deemed for the best interest of the district, and invest and keep invested, from time to time, all moneys received or collected at interest in bonds or mortgages upon real estate, or in the interest-bearing debt of the state or of the United States, as may be approved by said court, and pay over the interest or income thereof reg- ularly to the treasurer of said school district for the purposes aforesaid, first deducting therefrom all reasonable expenses attending the execution of the trust, including a compensa- tion to said trustee not exceeding four per cent upon the income received,* Bond of trustee. 907. Before the said trustee or his successors in the trust shall receive any part of said money, securities or stocks, he shall give bond to said district in such sums and with such sureties as shall be approved by said court, con- ditioned for the faithful performance of all duties pertaining to said trust and paying and delivering over to his successor 1. Act June 10, 1881, Sec. i, P. L. 119. 2. Act June 10, 1881, Sec. i, P. L. 119. 428 COMMON SCHOOL LAW therein or other party legally entitled to receive the same all moneys and securities received and held by him as trus- tee.3 Account. 908. The trustee shall, on the first day of the first term of each year, exhibit to said court a full, true and correct account in writing, under oath, of his management of said trust fund, how and in what securities the same is invested, and the rates of interest received thereon, which account, when examined and approved by the said court, shall be filed with the records thereof"* Removal of trustee. 909. The court shall also have the power, at any time upon sufficient cause shown, to remove said trustee or re- quire of him additional sureties for the performance of his trust, and shall, whenever and as often as a vacancy occurs by reason of such removal, or the death or resignation of said triistee, appoint a suitable person as his successor ; and said trustee shall in all respects be subject to the control and jurisdiction of said court, in like manner as other trustees under existing laws.s Independent school districts. 910. That all former acts, and parts of acts, relative to the common school system which are supplied by or are in- consistent with the provisions of this act, and all laws re- lating to or creating independent districts, or authorizing the establishment of sub-districts, and the appointment of committees, are hereby repealed.^ Independent school districts abolished. 911. Be it enacted by the senate and house of. repre- sentatives of the Commonwealth of Pennsylvania in gen- eral assembly met, and it is hereby enacted by the authority 3. Act June 10, 1881, Sec. 2, P. L. 119. 4. Act June 10, 18S1, Sec. 2, P. L. 119. 5. Act June 10, 1S81, Sec. 2, P. L. 119. 6. Act May 8, 1854, Sec. 52, P. L. 617. This section extinguished all sub-districts that had been formed before its passage. Conley vs. Directors West Deer Twp., 32 Pa. 194, 1858. MISCELLANEOUS 429 of the same, That so much of the act^^ to which this is a supplement, as abolishes independent districts at present es- tablished under special acts of assembly, shall not take ef- fect until the first day .of June, one thousand eight hundred and fifty-six. 7 When act to take effect. Proceedings to continue independent school districts. 912. That the continuance of independent districts be- yond the period named in the foregoing section, may be al- lowed, when on the application of the directors of any such district to the judges of the court of common pleas of the county in which any portion of said district may be located, setting forth the necessity for its continuance, the said judges may, after careful consideration, decree the same.* How rights of property are to be determined. Notice. 913. In all cases where the said court shall refuse to allow a further continuance of any such district, they shall be authorized and required, also, to determine the rights 01 property vested in the several school boards in any such district, and make proper disposition of the same : Pro- vided, That the board of school directors of the townships out of which any such applying independent school district may be formed, shall have received ten days' notice of the proposed application, and of the time and place of hearing.^ Notice. 914. That act does not indeed require, in express terms, that the commissioners shall give notice of the time and place, when and where they will proceed to inquire into the expediency of establishing the new municipal division. But the public interests, as well as justice to individuals, so ob- viously require that such notice should be given, that it has always been held that the want of it is fatal to the proceed- ings : Bethel Township, i Pa. 97 ; Norwegian Township, 20 Pa. 324. It is quite as necessary that this should appear ey.. Act May S, 1854, Sec. 52, P. L. 617. 7. Act May 8, 1855, Sec. i, P. L. 509. S. Act May 8, 1855, Sec. 2, P. L. 509. 9. Act May 8, 1855, Sec. 2, P. L. 509. 430 COMMON SCHOOL LAW affirmatively, as that it should appear that a party has had his day in court. Every division of a township or school district may affect seriously the interests of the inhabitants, and they have, therefore, a natural right to be heard in the matter.'" Report of commissioners. 915. The requisites of a proceeding to form an inde- pendent school district are, in most respects, the same with those necessary to erect a new township. The commis- sioners are not indeed confined to the consideration of the precise geographical division for which the petitioners ask, and perhaps it is not indispensable, as it is in a proceeding to erect a new township, that the order should contain an express and explicit direction to inquire into the propriety of granting the prayer of the petition, for it is not distinctly required by the act of assembly. And besides, such an in- quiry is of no consequence ; for, as has been said, they may set off a new district, according to different bounds from those proposed in the petition, and they are to report their opinion on the expediency of a district with the limits which they select. But in all other respects the law requires that the proceedings upon the petition, commission and re- port, and the final disposition thereof, shall be according to the act of assembly relative to the erection of new town- ships." In reporting a new district, the commissioners should annex a draft. 916. It is incumbent upon the commissioners to annex a draft to their report, exhibiting both the lines of the inde- pendent districts from which it is taken, in order to display the relation which the new district sustains to the old. The 5th section of the act of 8th of May, 1855, does not stop with the provision that the commissioners shall report the lines adopted for the new district, but adds that " the pro- ceedings upon which petition, commission and report, and the final disposition thereof, shall, in all other respects, be 10. Independent School Dist. in Sewickley Township, 33 Pa. 297, 1858. Clearfield Independent School District, 79 Pa. 419, 1875. 11. Independent School Dist. in Sewickley Township, 33 Pa. 297, 1858. MISCELLANEOUS 43 1 according to the act of assembly, now in force, relative to the erection of new townships." That act, to wit, of 15th April, 1834, Sec. 14, requires the commissioners "to make a plot or drafts of the townships proposed to be divided, and the division line proposed to be made therein, or of the township proposed to be laid off." The same duty lies, therefore, upon the commissioners to lay off an independent school district. In the case of Independent District in Sewickley Township, 7,2, Pa. 297, the fourth exception was in these words : " There was no draft returned by the commission- ers of the lines of the new district, nor of the lines of the township from which it was created." Justice Strong quotes the language of this exception, and says, " This is a fatal defect." That these views are justified by the legis- lative intent we are authorized to believe, by the interpreta- tion of the Act of 1855, summed up in the ist section of the Act of 20th of May, 1857.* " Duties of assessors. 917. That the assessors in each and every township, where anyportion of said township may be included within the limits of an independent school district, shall write on their duplicates, opposite to the names of the persons re- siding within said independent district, the letters I. D., for the information of the collector of said tax and the county commissioners. '3 Election of school directors in independent districts. 918. That in all cases in which school directors of in- dependent districts have not been chosen at the recent spring elections, or on the day specially fixed by law, it shall be lawful for the qualified voters of any such district, to meet at their usual place of holding similar elections, ten days' notice thereof having been given by the late president of the proper board, and shall elect two persons to serve as school directors for the ensuing year ; and the remaining *. P. L. 587, Infra 922. 12. Wilkins Township School District, 70 Pa. 108, 1871. 13. Act May 8, 1855, Sec. 3, P. L. 509. 432 COMMON SCHOOL LAW members and officers of the board who would have continued in office under the provisions of the supplement to the school law of May eighth, one thousand eight hundred and fifty- four, be and they are hereby continued in office until the expiration of the terms for which they were originally elected ; the said elections shall be held and conducted in the same manner and by the same persons heretofore au- thorized by law.'"* How independent school districts may be formed. 919. That upon petition of not less than twenty taxable inhabitants of any township or townships, desiringthe forma- tion of the territory upon which they reside, into a separate and independent common school district, and setting forth the bounds of such proposed district,'"*^ the court of quarter sessions of the proper county shall appoint commissioners to view the premises and report to the court at its next term, the lines of the proposed new district, either accord- ing to the bounds set forth in the petition, or to such other bounds as they shall think more advisable, together with their opinion on the expediency of establishing or not estab- lishing the same, the proceedings upon which petition, commission and report, and the final disposition thereot shall, in all other respects, be according to the act of assem- bly now in force, relative to the erection of new townships : Provided, That if said proceedings result in the establish- ment of a new common school district, the cost of the com- mission and the office fees shall be paid by the said new district, but if otherwise, said costs and fees shall be paid by the petitioners themselves. '^ Proceedings upon erection of new independent school districts. 920. That whenever a new district shall be erected according to the provisions of this act, it shall be- come, to all intents and purposes of the common school system of the state, a separate and independent district, sub- ject, however, to the provisions of the third and fourth sec- 14. Act May 8, 1855, Sec. 4, P. L. 509. 14^. Notice must be given as in section two, supra 913, 914. 15. Act May 8, 1855, Sec. 5, P. L. 509- MISCELLANEOUS 433 tions of the act to wbich this is a supplement ; and the proper court of quarter sessions shall moreover determine, on hearing, whether an undue proportion of the real estate and school houses belonging to the old district or districts are within the bounds of the new district, and if so, how much money shall be paid therefor by the new to the old district or districts, and in what proportions and at what time ; and vice versa^ if less than its due share of real estate or school houses is within said new district, how much shall be paid to it by the old district or districts, and in what proportions and at what times ; the order for the payment of which several sums shall, from the date thereof, be in the nature of a judgment, and the amount recoverable accord- ing to the provisions of the twenty-first section of the act '^ to which this is a supplement.''' Duties of county commissioners. 921. That at the next annual assessment after the erec- tion of any such new common school district, it shall be the duty of the county commissioners of the proper county to cause a separate assessment of the subjects and things li- able to school tax in each portion of the new district lying within his proper township to be made out by the proper as- sessor thereof, and to be returned to them, wherefrom, after adjustment, they shall cause to be made a correct copy of the assessment thus obtained, in every portion of the new dis- trict, and shall furnish the same to the secretary thereof, in accordance with the 29th section of the act to which this is a supplement ; '^ and they shall, in like manner and at the same time, cause to be made out and furnished to the state superintendent of coinmon schools, a full list of all the taxable inhabitants of said new district, according to the provisions of the 49th section of the act to which this is a supplement ; "^ and they shall pay out of the county funds to 16. Act May 8, 1854, Sec. 21, P. L. 617. supra 65. 17. Act May 8, 1855, Sec. 6, P. L. 509. 18. Act May 8, 1854, Sec. 29, P. L. 617, Supra TAXATION 400, 401, 402. 19. Act May 8, 1S54, Sec. 49, P. L- 617, stcpra CHANGES IN SCHOOL DISTRICTS 41, STATE APPROPRIATION 750. 434 COMMON SCHOOL LAW said assessors, the usual compensation for the services en- joined by this section. ^° Construction of Act May 8, 1855, P. L. 509. Court may vacate decree erecting independent school district. 922. The true intent and meaning of the provisions of the supplement to the general school law, approved the eighth day of May, Anno Domini one thousand eight hun- dred and fifty-five [P. L. 509], for the creation of independ- ent school districts, was and is to provide in a guarded man- ner for exceptions to the general rule, and to protect and promote the educational welfare of occasional localities that, from natural or other adequate obstacles, could not be prop- erly provided for under the organization of township dis- tricts ; and further, it was not the intention to cut up town- ships into single school districts, nor to carve out the wealthier from the poorer portions of a township or town- ships, to the prejudice of the rights and interests of the lat- ter : And it is further enacted, That when an independent district has been created in violation of these principles, the court of quarter sessions of the proper county is hereby au- thorized and required, upon application of not less than twenty citizens of the township or borough affected thereby, to open the decree of the court by which it was created, and after re-examination upon the merits, confirm or annul such districts, as the evidence may require ; and hereafter no in- dependent district shall be created in any case without the unanimous concurrence of the court.^' When certain independent school districts created by courts of com=- mon pleas may be abolished. 923. That in all cases where an independent school dis- trict has been created or continued by any of the courts of common pleas of this Commonwealth, it shall be lawful for said courts, upon the application of one-third of the taxable citizens of any school district, out of which any independ- ent district may be erected, by petition, setting forth that they desire the abolition of any district, to hear and deter- mine the application upon its merits, and if deemed ex- 20. Act May 8, 1855, Sec. 7, P. L. 509. 21. Act May 20, 1857, Sec. i, P. L. 587. MISCELLANEOUS 435 pedient, the said court shall discontinue the said district or continue the same for any period not exceeding five years at any one time : Provided, If any district shall be discon- tinued, the school property of said district shall be disposed of as is required by the existing laws." When other independent school districts may be abolished. Dis- position of property. 924. That in all cases where an independent school dis- trict has been created by any of the courts of quarter sessions of the peace of this Commonwealth, or by act of assembly, it shall be lawful for said courts, upon the application of the majority of the taxable citizens of any school district, out of which any independent district may be created, by peti- tion setting forth that they desire the abolition of any dis- trict, to hear and determine the application upon its merits, and if deemed expedient the said court shall discontinue the said district : Provided, If any district shall be discontinued the school property of said district shall be disposed of as is required by the the existing laws.'^^ Elections in independent school districts regulated. 925. That when an independent school district shall be established the proper court shall, in the decree therefor, designate the time and place for holding the annual elec- tions of directors therein, and appoint two persons to hold the first election, at a time appointed, therefor, who shall give ten days' notice thereof, by printed or written hand- bills, put up at not less than six public places within said district, at which first election six directors shall be chosen, two for three years, two for two years, and two for one year then next ensuing, and thereafter two directors shall be chosen for three years, at tlie annual election to be called and held by the president and secretary of the board, at the time or place, and in the manner, in said decree therefor appointed, said election, in all other respects, to be con- ducted in conformity with the existing school law ; and that, in independent districts, established, or hereafter to be es- 22. Act May 20, 1857, Sec. i, P. 1,. 588. 23. Act May 12, 1897, Sec. i, P. L. 55- 436 COMMON SCHOOL LAW tablislied, by the legislature, without specifying the mode, time or place of electing directors, the first election shall be held at such time and place, within the proper district, as shall be specified by written or printed notices thereof, put up at not less than ten public places therein, signed by not less than five taxable citizens thereof, and giving ten full days' notice of such election, and subsequent elec- tions shall be held at such time and place, annually, as shall be designated by similar notices, signed by the presi- dent and secretary of the proper board ; said elections, in all other respects, to be held and conducted in the manner in this section before provided.^" Abolition of independent school districts created by the courts of quarter sessions. 926. In all cases where an independent school dis- trict has been created by any of the courts of quarter sessions of the peace of this Commonwealth, or by act of assembly, it shall be lawful for the court of quarter sessions of the county in which such independent district is located, upon application to said court of a majority of the taxable citizens resident within the limits of such independent school district, by petition, setting forth that they desire the abolition of said district, to hear and determine the ap- plication upon its merits ; and if deemed expedient, the said court shall discontinue the said independent district.^^ Reversion of Property. 927. If any such independent district be discontinued, as provided in section i of this act, the school property of such independent district shall revert to the districts out of which such independent district was originally created, and shall be apportioned among said districts in such manner as is required by existing laws.^^ 24. Act April II, 1862, Sec. 9, P. L. 47i- 25. Act April 22, 1903, Sec. i, P. L. 237. 26. Act April 22, 1903, Sec. 2, P. L. 237. MISCELIvANEOUS 437 Application of Act April 22, i903» P- L. 237. 928. That the provisions of this act shall not apply to independent school districts composed of parts of adjoining coiinties.^^ Repeal. 929. All acts or parts of acts inconsistent herewith be and the same are hereby repealed. ^^ Against formation of independent school districts. 930. The law does not favor the erection of independ- ent school districts : Independent School District in Frank- lin Township, i Susqh. Leg. Chron. 75. They are against the general policy of the law, and operate seriously to dis- arrange the general school organization : Independent School District in Sewickley Township, t,t, Pa. 297 ; Mt. Pleasant Township Independent School District, 10 Pa. C. C. 588. They are not encouraged because exceptional : Hatfield Township School District, 2 Walker 169 ; Conley vs. School Directors, 32 Pa. 194. Hence it is held that, under the act of May 8, 1855, P. L. 509, as interpreted by the act of May 20, 1857, P. L- 587, "where no natural or other adequate obstacle prevents proper provision in the general common school organization of a township, no independent school district can be created. The existence of such an obstacle is an affirmative, substantive and essential fact in the pro- ceedings ; a fact which must appear in order to obtain a de- cree. Every substantive, material and affirmative fact which, by the express language of the statute law, is made indispensable in the proof should be averred or should ap- pear in the record : " Hatfield Township School District, 2 Walker 169 ; South Abington Township Independent School District, 11 Pa. C. C. 606; Independent School District in Greenwood Towhship, 19 Pa. C. C. 452.^'^ Liquor license money payable to school districts. 931. In townships where the roads shall be made and repaired by tax payers, under contract with the township, 27. Act April 22, 1903, Sec. 3, P. L,. 237. 28. Act April 22, 1903, Sec. 4, P. L. 237. 29. In re Independent School District in Franklin Township, 8 D. R. 370, 1898. 438 COMMON SCHOOL LAW pursuant to the provisions of the act of 12th June, Anno Domini one thousand eight hundred and ninety-three, and its supplements, the proportion of liquor license money by existing laws made payable to such townships, and any and all money derived from same source, now in the hands of the township treasurer, or in the hands of any person or per- sons for the use of the township or townships, shall be paid, during the time the roads are thus or were made and re- paired, to the treasurer of the school district of such town- ship, for school purposes : Provided, That if any such town- ship shall contain one, or more than one, independent school district, the license money due said township shall be di- vided among all the school districts thereof, every district receiving the proportion of license money that its assessed valuation of taxaWe property bears to the assessed valuation of such property in the entire township.^" Penalties recovered for trespass upon private property to be paid to school fund. 932. It shall be unlawful for any person .wilfully to enter upon any land, within the limits of this Common- wealth, where the owner or owners of said land has caused to be prominently posted upon said land printed notices that the said land is private property, and warning all persons from trespassing thereon, under the penalties provided in this act.3' Fine and penalty. 933. Every person violating the provisions of this act shall be liable to a penalty of not exceeding ten dollars, together with the costs of prosecution, to be recovered be- fore any magistrate or justice of the peace, as fines and pen- alties are by law recoverable ; and in default of payment of said fine and costs, the party convicted shall be committed to the county jail of the proper county, for one day for each dollar of fine imposed. ^^ Penalties payable to the school fund. 934. All penalties recovered under this act shall be paid to the school fund of the district in which the trespass was committed.33 30. Act April 22, 1903, Sec, i, P. L. 259. 31. Act April 14, 1905, Sec. i, P. L. 169. 32. Act April 14, 1905, Sec. 2, P. L. 169. 33. Act April 14, 1905, Sec. 3, P. L- 169. CHAPTER XXXVIII. FORMS. PAGS 936. Agreement between teacher and directors 339 937. Form of annual statement of district accounts 440 938. Order of district treasurer 442 939. Bond for treasurer of school district .*. 442 940. Bond of collector of school tax 443 941. Oath of collector of school tax 444 942. Warrant to collector of school tax 444 943. Certificate by collector to county commissioners of unpaid school tax on unseated lands 445 944. Certificate to prothonotary of unpaid balance 446 945. Petition for appointment of sanitary agent under act of April II, 1899, P. h. 38 446 946. Decree 447 947. Notice of convention of school directors for election of county superintendent 448 948. Petition for removal of school directors. Act May 8, 1854, Sec. 9, P. L. 617. Act April 22, 1863, Sec. 9. See Chap. VII. Sec. 185 448 949. Petition to appoint inspector of school accommodation. Act June 6, 1893, P- ^- 330 449 950. Petition for removal of school directors. Act May 8, 1854, Sec. 9, P. L. 617. See Chap. VII. Sec. 185 45° 951. Application for state normal diploma 451 952. Form of practical teacher's state certificate 452 953. Ivcase of house and lot to school district 454 954. Deed to school district 454 955. Bond of school district for damages for appropriation of lands... 455 956. Apprenticeship of child by public charitable institution. Act May 25, 1878, P. L. 152 456 957. General form of complaint or information 457 958. Physician's certificate of vaccination 458 959. Teacher's attendance report , 45^ 960. Secretary's official notice of absence to parent or guardian 459 961. Secretary's report to the principal or teacher '. 459 962. Summons on parent or guardian 460 963. Service of summons 461 964. Petition to assess damages for a school house lot. Act April 9, 1867, P. Iv. 51 461 Agreement between teacher and directors. 936. Agreement made and concluded, this day of , 19 . . , between , teacher of the first part, and the board of school directors of school district, in county, state of Pennsylvania, of the second part, as follows, to wit : 440 COMMON SCHOOL LAW The said hereby covenants and agrees with the board of school directors of school district, that (he or she) will faithfully and diligently, under the supervision and exclusive direction of the said board and their successors, but subject, nevertheless, to the visitation and lawful author- ity of the county superintendent, teach in school house for the term of .... months ; reserving the right of the board of directors to dismiss the said teacher at any time whatever, for any of the causes specified in the twenty-third section of the act of May 8, 1854, entitled "An act for the regulation and continuance of a system of educa- tion by common schools." In consideration whereof, the said board of school direc- tors of school district agrees to pay the said , for (his or her) services as aforesaid, the sum of dollars per month, during the period above named, to be paid In witness thereof the parties have hereunto set their hands and seals this day of , A. D. 19 . . . , (seal) President Board of School Directors. , (seal) • Teacher. Countersigned : Secretary Board of School Directors. Form of annual statement of district accounts. 937- Common school district. Receipts and expenditures for 19. .. Tax rate, .... mills on the dollar of valuation for school pur- purposes, and . . . mills for building purposes. Receipts.' If there was a building tax and a house or houses erected during the year, the amount of the building tax, and the portion of it ex- pended in the year for this purpose, is to be stated in the same way, with the balance on hand, or the debt for this purpose, if any, under the proper heads " Receipts," and "Expenditures for Building," as in the case of ordinary school tax and expenditure. FORMS 441 Balance on hand from last year (if any), as per last report $ From collector, including taxes of all kinds . . . From loans, since last report From county treasurer, for unseated lands, since last report From state appropriation for year ending June, 19 From all other sources (as sales of houses or lands, liquor fines, etc.) Total receipts $ Expenditures. For purchasing grounds ^ For building and furnishing houses . . For renting and repairing, etc For teachers' wages For school books and supplies For fuel and contingencies For fees of collector, $. . . . , and treasurer, $. . . . , For salary of secretary or district superintend- ent For debt and interest paid For other expenses . . . Total expenditures i Cash on hand . Or, amount due treasurer. Resources. Cash on hand, if any Amount due district from all sources. Total resources Liabilities. Amount due treasurer, if any .,....., Amount due on unsettled bills, if any , 442 COMMON SCHOOL LAW Amount borrowed aud unpaid, or debt of dis- trict Total liabilities Order on district treasurer. 938- To the Treasurer of School District .... County : Sir : Pay to or order, dol- lars and cents, being one month's salary due him as teacher up to (or on account of salary, or for fuel furnished to ... school house, or for rent for school house, etc., as the case may be), for which this will be your sufficient voucher on settlement of your accounts. By order of the board of directors : President. Countersigned : Secretary. Bond for treasurer of school district. 939- Know all men by these presents, that we, and of in County, Pennsylvania, are held and firmly bound to , president of the board of school directors of school district, in county, for the use of said school district, in the sum of dollars (here insert double the amount of the sum that will prob- ably come into the hands of the treasurer for one year, for school purposes), lawful money, to be paid to the said school district ; to which payment well and truly to be made and done, we bind ourselves, jointly and severally, our heirs, executors and administrators, and every of them, firmly by these presents. Sealed with our seals ; dated the day of , one thousand nine hundred and FORMS 443 Whereas the said has been duly chosen treasurer of the said school district, for and during the tenn of one year from the date hereof : Now the condition of this obligation is such, that if the said . . . . '. shall and do well and faithfully perform all the acts and duties lawfully pertaining to his office as district treas- urer aforesaid, according to the terms of the school law, ap- proved the 8th day of May, 1854, and the supplements thereto, then this obligation to be void ; else to be and re- main in full force and virtue. And further, we do hereby empower any attorney of any of the courts of record of this state or elsewhere, to appear for us, and after one or more declarations filed for the above penalty, thereupon to con- fess judgment or judgments against us, as of the last, next, or any subsequent term, without stay of execution, and with release of errors, etc. (Signed and sealed by obligors and witnessed.) Bond of collector of school tax. 940. Know all men by these presents that we, and , of , are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of dollars, lawful money of the United States of America, to be paid to its certain attorney or assigns, to which payment well and truly to be made we bind ourselves, our heirs, executors and administrators firmly, jointly and severally, by these presents. Sealed with our seals and dated the .... day of , 19 . . . Whereas the above bounden has been duly elected and returned to the court of quarter sessions of the peace of the county of as collector of taxes of the township of , in the said county, for the ensuing year, and has been duly qualified according to law : Now, the condition of this obligation is such, that if the said shall and do well and truly collect and pay over, or account for, according to law, the whole amount of taxes charged and assessed in the duplicates which shall be delivered to him, and faithfully discharge the duties ap- pertaining to the office of collector of taxes, according to 444 COMMON SCHOOL LAW law, then this obligation to .be void ; otherwise to be and remain in full force and virtue. , (seal) , (seal) Sealed and delivered in the presence of Oath of collector of school tax. 941. County, ss : I, , having been duly elected collector of the taxes of the of , do swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania ; that I will well and truly collect and pay over, or account for, according to law, the whole amount of taxes charged and assessed in the duplicates which shall be delivered to me, and faithfully discharge the duties of said office accord- ing to law and the best of my judgment and ability. Sworn (or affirmed) and subscribed, etc. Warrant to collector of school tax. 942. County, District, ss : To Collector of school dis- trict in said county : These are to require you to collect and receive from persons assessed, the several sums in your duplicate respectively mentioned, and you shall complete and pay unto , treasurer of said school dis- trict, on or before the day of next, all such sum or sums of money as you may then have collected, at which time the board of school directors will attend at their place of meeting in said district, and make an abatement of deficiencies, mistakes, or for indigent per- sons, etc. And if any person or persons shall neglect or re- fuse to make payment within thirty days after lawful de- mand made by you, it shall and may be lawful to and for you, and you are hereby commanded and required, to levy FORMS 445 the said tax by distress and sale of the goods and chatties of such delinquent, giving ten days' notice of such sale, by written or printed advertisements, rendering the overplus (if any be), to the owners. And in case goods and chattels cannot be found sufficient to satisfy the same, with cost of suits, then you shall take the body of every such person and bring him to the county jail, and deliver him to the sheriff or keeper of said jail, who shall detain and keep him in safe custody, without bail or main prize, until payment shall be made. And you shall complete and pay into the said the whole amount of your duplicate, except such deficien- cies, etc., as shall have been allowed as aforesaid, on the day of next. Given under my hand and seal the day of r...i9.. , (seal) President, Board School Directors of District. Countersigned : Secretary of the Board. Certificate by collector to county commissioners, of unpaid school tax on unseated lands. 943- To the Commissioners of the county of : Gentlemen : I do hereby certify that the following school tax on unseated lands within the district of , was regularly assessed and set forth in the dupli- cate of school tax for the year 19 . . , delivered to me for col- lection by the president of the board of directors thereof, and that the same has not been paid to me by the owner thereof. You are therefore required to cause the same to be collected and paid over, agreeable to the thirty-fourth sec- tion of the act, entitled "An Act for the regulation and con- tinuance of a system of education by common schools, " 446 COMMON SCHOOL LAW passed May 8, 1854, and the eighth section of the supple- ment thereto, passed April 11, 1862, viz : Upon lands of $ Upon lands of $ Collector of School Dis- trict County. August. . . . 19. . Certificate to prothonotary of unpaid balance due from collector. .944. To the Prothonotary of the Court of Common Pleas of the county of : I hereby certify that school tax for the current school year in the district of , in said county, to the amount of (insert the amount in words) is due ^nd unpaid by , school tax collector of said district, at the date hereof, which you are required to enter against said and and ... who are his sureties, in accordance with the provisions of the thir- teenth sections of the act, entitled " A further supplement to the Act, entitled ' An Act for the regulation and contin- uance of a system of education by common schools,' " etc., approved April 11, 1862. Dated this day of 19 . . President, Board School Directors of District. Attest : ' Secretary. Petition for appointment of sanitary agent under act April 11 j 1899, P. L. 38. 945- To the Honorable, the Judges of the Court of Common Pleas in and for the county of , Pennsylvania. The petition of the directors of the school district of township, said county, respectfully represents : That the school directors of the said township of . . . . have adopted rules and regulations to prevent the FORMS 447 introduction and spread of contagious or infectious diseases, etc., and having received information that there is an epi- demic of small-pox in the said township, by reason whereof it will become necessary to regulate intercourse with such infected places, they desire to appoint a sanitary agent for the term of one year, at a compensation of two dollars per day for time actually employed as such agent. Your petitioners therefore pray your Honorable Court to approve the reasons given by said board for the appoint- ment of said sanitary agent, and also to approve of the compensation deemed proper therefor. And they will ever pray. President of School District. Attest : Secretary School District. county, ss. : being duly affirmed according to law doth depose and say that the facts set forth in the foregoing peti- tion are true and correct to the best of his knowledge and belief. Affirmed and subscribed to before me this . . . day of , A. D. 19... Decree. 946. And now, to wit : the .... day of . . , A. D. 19. ., the court having heard, read and considered the fore- going petition, and being satisfied with the propriety there- of, and the truth of the facts therein contained, do hereby approve the reasons given by the board of directors of the school district of township, said county, for the appointment of a sanitary agent, and also approve the com- pensation of two dollars per day deemed proper therefor. Said compensation to be paid out of the school fund of said township. By the court : President Judge. 448 COMMON SCHOOL LAW Notice of convention of school directors for election of county superintendent. ^ 947- To the school directors of county : Gentlemen : — In pursuance of the thirty-ninth section of the act of May 8, 1854, as amended by act March 27, 1866, P. Iv. 88, you are hereby notified to meet in convention, at the court house, in , on the first Tuesday in May, 19.., being the day of the month, and select, viva voce, by a majority of the whole number of directors present, one person of literary and scientific acquirements, and of skill and experience in the art of teaching, as county superintendent, for the three suc- ceeding years ; and certify the result to the state superin- tendent, at Harrisburg, as required by the thirty-ninth and fortieth sections of said act. County Superintendent of county. , April.. ..,19... Note I. The above notice is to be inserted once a week for three successive weeks immediately preceding the first Tuesday in May, in not more than two newspapers of the proper county, if so many be pub- lished therein ; if none are published in the colinty, a printed copy of the notice is to be sent by mail to the secretary of the board of directors of each school district. Petition for removal of school directors. Act May 8, 1854, Sqc. 9, P. L. 617. Act April 23, 1863, Sec. 9. See Chap. Vll., Sec. 186. 948. In re Removal of School Directors of School District. In the Court of Quarter Sessions of County, Penn- sylvania. No...., Term, 19.. To the Honorable , President Judge of the said Court : The petition of the undersigned, taxable citizens of school district respectfully represents : That the members of the board of school directors of said school district, to wit : , , , , etc., have failed and neglected to organize as re- quired by the Act of General Assembly of April 22, 1863, FORMS 449 Sec. 9, and have failed to organize up to the date of pre- senting this petition. That no treasurer has been chosen for the year, and the district is in danger of losing its state appropriation. Wherefore your petititioners pray your Honorable Court to grant a rule upon the aforesaid members of board of school directors, requiring them to appear and show cause why their seats as school directors of the said school district shall not be declared vacant and other directors be appointed in their stead, as by law in such cases provided. And they will ever pray, etc. (Signed by six taxable citizens.) State of Pennsylvania, County of , ss.: Before me, a Notary Public, personally appeared (any three signers) above named who being duly sworn accord- ing to law, deposeth and saith that the above named are taxable citizens of township school district and that the facts above set forth are true. Sworn and subscribed before me, this day of , A. D., 19 . . Notary Public. Petition to appoint inspector of school accommodations. Act June 6, 1893, P. L. 330. 949. To the Honorable the Judges of the Court of Common Pleas of County : The petition of the undersigned, resident taxable citi- zens of the township of , in the county afore- said, respectfully represents : That the school house, situated in the extremity of said town- ship, is unsuitable for the requirements of the public school kept therein, being in ruinous and unsafe condition, of in- sufficient seating capacity, and destitute of the ordinary con- veniences necessary for the proper accommodations of the teachers and scholars. That the school directors of said township (naming them) wilfully refused and neglected, and are still refusing and neglecting, to provide a suita- ble, safe and convenient building for school purposes in said 450 COMMON SCHOOL LAW district, though frequently requested by a num- ber of the taxpayers of the township so to do. Your peti- tioners therefore pray the court to appoint a competent in- spector to visit the said district, and inquire into the facts herein set forth, and report to the court, that such further order may be taken in the premises as is provided in such case by the act of assembly, approved the 6th day of June, 1893. (To be signed by ten or more petitioners, at least six of whom must make affidavit thereto). Petition for removal of school directors. Act May 8, 1854, Sec. 9, P. L. 617. See Chap. VII., Sec. 185. 950- In re Removal of School Directors of Town- ship. In the Court of Quarter Sessions of County, Pennsylvania. No . . . . , Sessions, 19 . . To the Honorable , President Judge of the said Court : The petition of the undersigned taxable citizens of school district, respectfully showeth, That the members of the board of directors of the said school district, to wit, , , , , , , have during the last year refused and neg- lected, and are still refusing and neglecting to perform their duties as school directors of said school district in the fol- lowing particulars : To open and keep the schools of said district in opera- tion as far as the means of the district will admit ; to provide and keep at the several school houses in said school district suitable and convenient water closets for both sexes, in the manner required by law ; to pay the teachers and janitors of the schools of said school district their salaries ; to pro- vide fuel for suitably warming said school houses ; and to perform other duties enjoined upon them by law. Wherefore your petitioners pray your Honorable Court to grant a rule upon the aforesaid members of said board of directors, requiring them to appear and show cause why their seats as school directors of the said school district FORMS 451 shall not be declared vacant and other directors be appointed in their stead, as by law in such cases provided. And they will ever pray, etc. (Signed by six taxable citizens.) State of Pennsylvania, County of. ... , ss.: Before me, a Notary Public (or Justice of the Peace) (or Clerk of Court of Quarter Sessions) personally appeared (any three signers) that the above named are taxable citi- zens of. township school district and that the facts above set forth are true, and further saith not. Sworn and subscribed before me, this day of , iV, D., 19 . . Notary Public. Application for state normal diploma. 951- No. I. • » I9-- At a meeting of the board of school directors of .... school district, county, state of Pennsyl- vania, the following resolutions were adopted : Resolved^ That , whose address is ... . .... P. O., county, Pennsylvania, having taught a common school in this district for ... . annual school term . . , since was graduated by the state normal school located at , county of , we take pleasure in saying, that we consider well qualified as a teacher, morally, intellectually and professionally. Resolved^ That we recommend the board of examiners and the faculty of the above named normal school, to grant said a state normal diploma. By order of the board of directors. , President. Attest : , Secretary. No. 2. IF THE APPLICANT HAS TAUGHT TWO TERMS FOR ONE BOARD IT IS NOT NECESSARY TO USE THIS FORM. , I9-- 452 COMMON SCHOOL LAW At a meeting of the board of school directors of .... school district, county, state of Pennsyl- vania, it was Resolved^ That having taught a common school in this district for annual school term . . since . . . .graduation at the normal school above named, we cor- dially unite in the recommendation expressed in the pre- ceding resolutions. By order of the board of directors. , President. Attest : , Secretary. > I9-- Knowing to be a successful teacher, and a person of good moral character, I heartily concur in the foregoing recommendation. Superintendent of Schools of county. Form of practical teacher's state certificate. 952. No. 1. 1 T9-- At a meeting of the board of school directors of . . . school district, county, state of Pennsyl- vania, the following resolutions were adopted : Resolved, That , whose address is ... . .... P. O., county, Pennsylvania, having taught a common school in this district for ... . annual school term . . , we take pleasure in saying that we consider well qualified as a teacher, morally, intellectually and pro- fessionally. Resolved, That we recommend the state board of ex- aminers and the faculty of the state normal school, located at , Pennsylvania, to grant above named person a teacher's certificate. By order of the board. , President. Attest : , Secretary. FORMS 453 No. 2. 19-- At a meeting of the board of school directors of. .... . . . . .school district, county, state of Pennsyl- vania, it was Resolved^ That having taught a common school in this district for annual school term . . , we cordially unite in the recommendation expressed in the pre- ceding resolutions. By order of the board, , President. Attest : , Secretary. No. 3. , I9-- At a meeting of the board of school directors of .... school district, county, state of Pennsyl- vania, it was Resolved, That having taught a common school in this district for annual school term . . , we cor- dially unite in the recommendation expressed in the pre- ceding resolutions. By order of the board. , President. Attest : , Secretary. Knowing , to be a successful teacher, and a person of good moral character, I concur in the fore- going recommendation. Superintendent of Schools of county. Note — If the applicant has taught for one board the three annual school terms required by law, Blank No. i should be filled up with the word three, and "term " be made to read " terms; " if he has taught for one board two terms, and for another one term, Blanks Nos. i and 2 should be filled up accordingly ; and the three forms above given are de- signed to be filled up only when the applicant has taught for three dif- ferent boards. 454 COMMON SCHOOL LAW Lease of house and lot to school district. 953- Know all men by these presents, that I, , of , for and in consideration of the payment of the sum of dollars per annum to me, my heirs, executors, administrators or assigns, by , , and , school directors of the district of , in the county aforesaid, do hereby rent and lease to the said school district, for the support and maintenance of the common schools of said district, according to law, all that certain house and lot, with the appurtenances, situate, etc., to have and to hold the same, for the purposes aforesaid, for and during the term and period of years next en- suing the date hereof, at the expiration of which the said premises are to be surrendered and delivered up to me, my heirs, executors, administrators or assigns, unless the present lease shall, in the meantime, be extended by me or them. In witness whereof the said parties have hereunto set their hands and seals the day and year above written. (seal) (seal) Witnesses : Deed to school district. 954- This indenture, made the day of , one thousand nine hundred and , between . . . . , of , state of Pennsylvania, of th-e first part, and "The School District of ," county and state aforesaid, of the second part, witnesseth : That the said party hereto of the first part, for and in consideration of the sum of dollars to him in hand paid by the said party of the second part, at and before, etc , the receipt whereof, etc., has granted, bargained, sold, etc., and by these presents does grant, bargain, sell, etc., unto the said party of the second part, its successors and assigns, all that certain lot or piece of ground situate, etc. (describing premises and reciting title), together with all and singular, etc. , and all FORMS 455 the estate, right, title, etc. To have and to hold the here- inbefore described premises, with the appurtenances, unto the said party of the second part, its successors and assigns, forever, for the establishment, support and maintenance of common schools in the said district, according to law. (Add warranty of title). In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written. . (seal) Signed, sealed and delivered in the presence of Bond of school district for damages for appropriation of lands. 955- Know all men by these presents, that the .... school district, a corporation duly organized in accord- ance with the laws of Pennsylvania, and and are held and firmly bound unto , of county of and state aforesaid, in the sum of three thous- and dollars, lawful money of the United States, to be paid to the said or to his attorney, executors, ad- ministrators or assigns, to which payment well and truly to be made and done the said school district and the said and , bind them- selves, their successors, heirs, executors, or administrators, firmly by these presents. Sealed with their respective seals and dated the day of , 19 . . . . Whereas the said is the owner in fee of a certain tract of land situate in the of and state aforesaid, bounded on the north, etc. (de- scribing premises) and containing acres, more or less ; And whereas the Board of Controllers of the said .... school district are about to enter upon, take and appropriate the said tract of land for the purpose of erecting 456 COMMON SCHOOL LAW and building a public school house thereon, and are unable to agree with the said as to the sum to be paid for the purchase of said premises ; now, therefore, in order to secure the payment to the said of the amount which may be awarded to him as compensation for the taking and appropriating of the same for the purpose aforesaid, and the costs and damages by reason thereof, the condition of this obligation is such that if the said school district shall pay or cause to be paid to him, the said , his executors, administrators or as- signs, the full sum which may be finally recovered by him against the said school district as compensa- tion as aforesaid, according to law then this obligation to be void ; otherwise to be and remain in full force and virtue. In witness whereof, the said school dis- trict and the said and have caused their respective seals to be affixed hereto the day and year above mentioned. Sealed and delivered in the presence of (seal) (seal) Apprenticeship of child by public charitable institution. (Act May 35, 1878, P. L. 152.) 956. This indenture, made the fourth day of 19 ... , between the directors of the " Homeless Children of the ," of the one part, and , of the township of County, Pennsylvania, of the other part, witnesseth : That the directors aforesaid do hereby, by virtue of the provisions of the Act of Assembly of this Commonwealth in such case made and provided, bind out and place with the said '. . for the term of seven years next ensuing the date hereof , a minor child, now of the age of years, for four years last past an inmate of the said Home for Friend- FORMS 457 less Children, whose parents are unable to support him. During said term of service the said hereby engages to provide the said minor with suitable board, clothing, lodging and all other necessaries, and to send him to the public schools of the said township at least four months of each succeeding winter season. The said is to serve the said at such employ- ment as is suited to his years and ability in and about the business of farming upon the premises of his said employer, who hereby agrees to instruct and train him to a knowl- edge of said business in its several branches, as pursued in the neighborhood, and at the expiration of his period of ser- vice aforesaid to present him with a good, serviceable suit of clothing and the sum of forty dollars. In witness whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. The Home for Friendless Children of the Attest : .... President, (seal) Secretary (seal) Sealed and delivered in the presence of General form of complaint or information. 957- county, ss. : , of the township of , in the county aforesaid, having been duly sworn (or affirmed), says that did, in the county aforesaid, on or about the day of , 19 . ., cruelly ill-treat, abuse and punish one , a minor child, between . . . and . . . years of age, of deponent (stating circumstances), con- trary to the act of assembly in such case made and provided (or, if the offense be one at common law, '' against the peace and dignity of the Commonwealth of Pennsylvania"). Sworn (or affirmed) and subscribed before me this day of , 19 . . . Justice of the Peace. 458 COMMON SCHOOL LAW Physician's certificate of vaccination. State board of health model forms. 958. Form 10. I hereby certify that on the . . . day , 19 . . ., I vaccinated , age . . . , address , and that on the . . . day of , 19...,! find a result- ing sore, which in my opinion means a successful vaccina- tion. , M. D. Address Form II. I hereby certify that on the . . . day of ....,., 1 9 .. . I examined a cicatrix on , . , age . . . , address . . , and believe it to be the result of a successful vaccination. , M. D. Address Form 12. I hereby certify that on the . . . day of , 19 . . I examined , age . . . , address and found well defined cicatrices of small-pox. , M. D. Address Teacher's attendance report. 959- Mr . . , secretary or superintendent of schools or attendance officer, In violation of the provisions of the act July 11, 1901, FORMS 459 the following children were absent without satisfactory ex- cuse : Name. Age. No. of Days. Name of Parent or Guardian. , Teacher. , School. Mailed or delivered this . . . day of ,19... Note — Print on the back of this report sections i, 2, 5, 6 and 7 of act July II, 1901. See chapter on Compulsory Attendance. Secretary's official notice of absence to parent or guardian. 960. Mr By virtue of the provisions of an act of assembly pro- viding for the attendance of children in the schools of this Commonwealth, and providing penalties for violation there- of, approved July 11, 1901, you are officially notified that has been absent during the present school term for a greater length of time than three days without lawful excuse. Unless you send your child to school immediately, or show good reason for not doing so, you will become liable to the penalty imposed by law. Served this . . . day of , 19 . . . , Secretary. Note — Print on the back of the notice sections i, 2, 4, 5, 6 and 7 of the act July 11, 1901. See chapter on Compulsory Attendance. Secretary's report to the principal or teacher. 961. , Pennsylvania, , 19 . . . , teacher school, dis- trict, county, Pennsylvania. Beginning of school term I hereby furnish you with a correct list of all the chil- 460 COMMON SCHOOL LAW dren between the ages of six and sixteen reported to me by the assessor for your school. Respectfully, , Secretary. Name. Age. Sex. Color. Name of Parent or Guardian. Note— It is suggested that the secretary have printed the sections 4, 5, 6 and 7 of the act July 11, 1901, to aid the principals and teachers in the enforcement of the said act. See chapter on Compulsory Attendance. Summons on parent or guardian. 962. , Pennsylvania, > 19 • Mr. Parent or guardian of Dear Sir : — The act July 11, 1901, directs every parent, guardian or other person in this Commonwealth, having control or charge of a child or children between the ages of eight and sixteen years, to send such child or children to a day school in which the common English branches are taught. You are hereby notified that your son (or daugh- ter) is not in attendance at a school. There will be a meet- ing of the school board of , county of , Pennsylvania, at the school house in said .... , on the day of , 19 . . . , at . . . o'clock . . . M., when and where you may appear if you so desire, and present to said school board satisfactory evidence showing such child or children is or are prevented from at- tendance upon school or application to study by mental, physical or other urgent reason. You are further notified that after service of this notice upon you, if the same child is absent from school three days, or their equivalent in time, during the remaining period 01 compulsory attendance, without excuse, as provided by law, FORMS 461 you will be liable to have imposed upon you the penalties as provided by the above named act. By order of the board of directors. , President. Attest : , Secretary. Service of Summons. 963- And now, , 19 . . . , service of the above notice was made upon , by reading and making known to him (or her) the contents thereof, and by handing to him (or her) a true and attested copy of the same. Petition to assess damages for a school house lot. Act April 9, 1867, P. L. 51. 964. To the Honorable the Judges of the Court of Common Pleas of County, Pennsylvania : The petition of the school district of the township of (or of the owners of the land), respectfully represents : That the board of directors of said district have been unable to procure an eligible site for the erection of a school house as they have deemed expedient by agreement with owners of the land, and have on behalf of said district en- tered upon and occupied a certain piece of land, the property of , in said township of , which they have designed and marked off as follows (describe the land), and which contains , more or less, for the purpose of erecting thereon a school house, with its necessary and convenient appurtenances : The peti- tioners therefore pray the Court to appoint a jury of viewers, consisting of three discreet and disinterested citizens of said county, who shall not be owners of property or residents in said school district, and who, having been duly sworn or affirmed, faithfully, justly and impartially to decide and a true report to make concerning all matters and things sub- mitted to them, and having viewed the premises, shall establish and determine the quantity and value of the land 462 COMMON SCHOOL LAW SO taken to be used for the purposes aforesaid, and after having made a fair and just computation of the advantages and disadvantages, shall estimate and determine whether any, and if any, what amount of damage has been or may be sustained, and to whom payable, and make report there- of to this Court. And they will ever pray, etc. , President. Attest : , Secretary. (Affidavit of the trust of petition to be appended). Note — It is not necessary that the report of viewers in proceedings under act April 9, 1867, P. L. 51, be signed by all the viewers, a majority being suflBcient. See School Sites, Sec. 303, 307. Acts of Assembly Cited. (The references are to pages.) 1818 Mar. 3, P. L. 124. April 15, P. L. 509, Sec. " 15, P. L. 509, " " 15, P. L. 537, " " 15, P. L. 537, " " 15, P. L. 538, " " IS, P. L. 537, " page; . . I County of Philadelphia, 1834 21. Tax collector, 193 45. Unpaid tax, 193 50. Auditors, 203 51. Attendance of witnesses, 203 104. Vacancy, 190 105. Witnesses, 203 1841 May 15, P. L. 393, Sec. 3. Fraudulent assessment, 189 1843 April II, P. L. 517, Sec. 3. Recovery of unpaid tax. 193 May 8, P. L. 617, Sec. P. L. 617, P. L. 617, P. L. 617, P. L. 618, P. L. 618, P. L. 618, P. L. 617, P. L. 619, P. L. 619, P. L. 619, P. L. 619, P. L. 626, P. L. 620, P. L. 620, P. L. 617, P. L. 621, P. L. 622, P. L. 617, P. L. 617, I. 2. 3- 4- 6. 7, 8. 9. 10. 12. 13- 14- 15- 16. 17- 18. 19. 20. 21. 22. I 1854 School system, r Consolidated districts, 3 Independent districts, 4 Vacancies of County Superintendent, 335 Elections, 34 Vacancies, 35 Appointments, 58 Removal of directors, 65 Exemption of directors, 41 OfificerG of board, 45 Duties of officers, 48 Duties of secretary, 50 Pro tempore officers, 63 Bond of treasurer, 52 Meetings, 57 Real estate, 21, 22 Deeds, 23 Suits, 23 Execution, 24, 432 Conveyance of real estate, 22, 74, yy, 78, 86, 89, 108, no, IIS, 129, 224 463 464 May P. L.617 P. L. 617 P. L. 617 P. L. 617 P. L. 617 P. L. 617 P. L. 6l7; P. L. 617 P. L. 617 P. L. 617 P. L. 617 P. L. 62s P. L. 617 P. L. 617 P. L. 617 P. L. 617 P. L. 617 P. L. 617 P. L. 61 7: P. L. 629 P. L. 6l7; P. L. 629 ACTS OF ASSEMBLY CITED (The references are to pages.) 23. Grades of teachers, 249, 255, 294 " 25. Series of text books, 320 " 26. Agents, 326 " 27. Monthly reports, 255 " 28. Amount of tax 168 " 29. Adj usted valuation, I74 " 30. Tax levy. Votes. Minutes, 172 " 31. Exonerations, \^^, I94 " 33- Special tax, I79 " 36. Warrant for state appropriation, 366 " 37. Count)- superintendent. Visiting schools, 351 38. Branches, 108, 340, 350 " 39. Election of county superintendent, 332, 335 41. Teachers, 34°, 344 " 43. Notice of election, 333 " 44. Duties of county superintendent, 433 " 46. Removal of county superintendent, 352, 357, 358 '•■ 47. Commissioners' neglect of duty, 359, 362 48. Errors, 359 51. Evidence, 26 52, Acts, 428 " 49. Duty of commissioners, iS 1855 May 8, P. L. 509, Sec. P. L. 509, " P.L. 509, " P. L. 509, " P. L. 509, " P. L. 509, " P. L. 509, '•' P.L. 511, " P.L. 509, '■■ April 18, P. L. 410. April 18, P.L. 263, Sec. " 18, P. L. 263, " May 20, P. L. 581, " " 20, P. L. 581, " " 20, P. L. 581, " " 20, P.L. 581, " 1. Independent district, 428 2. Proceedings, 429 3. Duties of assessors, 43^ 4. Election, 43i 5. Formation. Independent districts, 4, 432 6. Proceedings, 432 7. County commissioners 188, 433 lb. Election of assessors, 2 II. Limitation of tax, I74 1856 .173 Taxes, 1857 I. Appointment of state superintendent, Vacancies, 355, 356 3. Powers and duties, 357 1. Normal schools, 393 2. Number of schools, 394 3. Management, 395 4. Boards of trustees, 395 I ACTS OF ASSEMBLY CITED (The references are to pages.) 465 May 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 20, P. " 21, P. L. 851, L. 581, L. 581, L. 581, L. 581, L. 581,: L. 581, Iv. 581, L. 581, L. 581, L. s8i, L. s8i, L. 581, L. 581, L. 581, L. 581, L. 581, L. 581, L. 581, L. 581, L. 631, April 3, P.L. " 15, P. L. 680, Sec. " 15, P. L. 680, " 5. Reports. Visitation, 395 6. Art. I. Buildings, 396 6. Art. 2 Refectories, 396 6. Art. 3. Libraries, 397 6. Art. 4. Professors, 397 6. Art. 5. Principal, 397 6. Art. C. Model school, 398 6. Art. 7. Qualifications, 398 6, Art. 8. Text books, 398 6. Art. 9. District account, 398 6, Art. 10. Compensation, 399 6, Art. II. Admission of teachers, 400 6. Art. 12-. Examination, 400, 401 7. Privileges — Special, 401 8. Proceedings — Visitation, 402 9. Graduation — Certificates, .402, 403 ID. Issuing of certificates, 403 11. Provisional certificates, 405 12. Duties of graduates, 405 13. Duty of superintendent, 405 I. Auditors, 202, 207 1859 Municipal corporation, 9 1. Normal schools, 406 2. Requisites, 406 i860 Mar. 31, P. L. 382, Sec. 66. Void contracts, 1862 139, 418 April P.L. 471, ' « P.L. 471, ' " P.L. 471, ■ « P.L. 471, ' « P.L. 471, ' (( P.L. 471, ' « P.L. 473, ' (( P.L. 474, ' (( P.L. 474, ' " P.L. 471, ' " P.L. 475, ' May P.L. 475, " April 17, P.L. 62, Sec (( 22, P.L. 523, ' Purpose of act, 35 2. Vacancies, 34, 37, 38 3. Meetings, 57 4. Secretary, 52, 62, 176 7. Tax on trust property, 177 9. Independent districts, •■■■33, 455 10. Alteration, 7 11. Division of property, 10 13. Judgment, 197 14. Oath of office, 332 15. Trustees, 395 17. Interest, 326 1863 2. Special meetings, 60 I. Organization, 43, 47, 51 466 ACTS OF ASSEMBLY CITED (The references are to pages.) 1864 May 5, P. L. 826, Sec. i. District libraries, 210 " 5, P. L. 826, ' 2. Purchase of books, 211 " 5, P. L. 826, " 3. Larceny of books, 211 " 5, P. L. 826, " 4. Use of books, 212 " S, P. L. 826, " 5. Rules and regulations, 212 " 5, P. L. 826, " 6. Librarian, 212 " 5, P. L. 826, " 7. Duties of directors, 213 5, P. L. 826, " 8. Books 213 " 5, P. L. 826, " 9. Ownership, 214 " 5, P. L. 826, " 10. Free library, 214 1865 April 17, P. L. 60, Sec. i. Improvement of teachers, 223 " 17, P. L. 61, " I. Number of taxables, 359, 364 " 17, P. L. 62, " I. Certification of new districts, 15 " 17, P. L. 62, " 3. School months, 49, 224 " 17, P. L. 62, " 4. Officers of convention, :}3^ 1866 April II, P. L. 73, Sec. 16. Allowance to normal graduates, ....408 May 27, P. L. 88, Election of county superintendents, . .332 1867 April 9, P. L. 51, Report of viewers, 122, 123 " 9, P. L. 51, Sec. 2. Teachers' Institutes, .315 " 9, P. L. 51, " 3. Attendance — contribution, 315, 316 " 9, P. L. 51, " 4. Institute accounts, 318 " 9, P. L. 51, " S. Adjustment, 318 " 9, P. L. 51, " 7. City and borough superintendents, . .327 " 9, P. L. 51, " 8. Certificate of election, 328 " 9, P. U 53, " 9. Authority, 329 " 9, P. L. 51, " 10. Duties of superintendents, 328 " 9, P. L. 55, " II. Qualifications, 240, 241 " 9, P. L. 55, " 12. Provisional certificate, 247", 248 " 9, P. L. 55, " 13. County superintendent 335 1868 April 9, P. L. 76, Sec. i. State appropriation, 365 1871 April 21, P. L. 241, Bonds, 155 May 26, P. L 280, Sec. i. Change of text books, 323 " 26, P. L. 280, " 2. Penalty, 323 ACTS OF ASSEMBIvY CITED 467 (The references are to pages.) 1872 Feb. 10, P. L. 100, Preambles, 423 " 15, P. L. 16, Sec. I. State trustees, 407 1873 April 7, P. L. 64, Indebtedness, 156 1874 April 20, P. L. 65, Sec. 2. Increase of indebtedness, 147 ' " 20, P. L. 65 " 3. Notice of election, 150 " 20, P. L. 65, " 4. Result of election, 151 " 20, P. L. 65, " 5. Definition of indebtedness, 146 " 20, P. L. 65, " 6. Statement of indebtedness, 147 " 24, P. L. 112, " I. Meeting of auditors, 203 " 24, P. L. 112, " 2. Report of auditors, 206 " 24, P. L. 112, " 3. Penalty 207 May 8, P. L. 120, " i. Normal school district, 394 " 15, P. L. 187, " 7. Incompatibility of officers, 41 " IS, P. L. 187, " 12. Legal residence, 40 " 23, P. L. 254, " 41. Convcyeance of real estate, 368 " 23, P. L. 256, " 42. City Treasurer, 388 " 23, P. L. 230, " 43. Taxes in cities of third class, 200 " 23, P. L. 256, " 44. Sinking fund, 390 June 13, P. L. 284, " I. Levy of tax — building tax, 15, 180 1875 April 12, P. L. 43, Sec. i. Trustees and their powers, 408 Election, 409 State trustees, 409 First election and appointment, 409 Quorum, 409 Classes of trustees, 410 Distribution of state funds, 410 Limitation of indebtedness, 411 Number of votes, 404 10. Course of study, 397 1876 April 12, P. L. 46, Sec. i. Friendless children, 80 2. Commissioners, 81 3. Appointment of trustees, 81 4. Admission of children, 82 5. Visitors of institutions, ■ 82 6. Teachers, 82 Annexation of land, 12, 14 " 12, P. L. 43, " 2. " 12, P. L. 43, " 3- " 12, P.L. 43, " 4- " 12, P.L. 43, " 5- " 12, P.L. 43, " 6. " 12, P.L. 43, " 7- " 12, P.L. 43, " 8. " 12, P.L. 43, " 9- " 12, p. L. 43, " 10. 12, P.L. 46, Sec. 12, P.L. 46, " 12, P.L. 46, " 12, P.L. 46, " 12, P.L. 46, " 12, P.L. 46, " 17, P.L. 38, " 468 ACTS OF ASSEMBLY CITED (The references are to pages.) May I, P. L. 91, '* i- Annual statement, 205 8, P. L. 128, Indebtedness, I53 8, P. L. 138, " I. Blind children, 79, 320 " 8, P. L. 157, " I- Deaf mute children, 79 " 8, P. L. 157, " 2. Expenses, 79 8, P. L. 179, " I. Officers, 41 1877 Mar. 24, P. L. ZT^ Sec. i. Meeting of board of trustees, 410 1878 April 12, P. L. 13, Sec. i. State appropriation, 365 " 12, P. L. 17, Cornplanter Indians, 423 May 3, P. L. 44, " i. Text books, 324 " 3, P. L. 44, " 2. Price list of books, 324 " 3, P. L. 44, " 3. Contracts, 324 3, P. L. 44, " 4- Penalty, 325 1879 June 4, P. L. 89, Sec. i. Normal schools, 420 " 4, P. L. 89, " 2. Auditor general, 421 " 4, P. L. 89, " 3. Purchase money," 421 1881 May 10, P. L. 16, Sec. i. Redemption of bonds, 152 " 24, P. L. 29, " I. Sub-school districts, 379 " 24, P. L. 29, " 2. Directors of independent districts, . .4, 34 June 7, P. L,. SO, " 2. Report of superintendent, 318 " 8, P. L. 69, " I. Decree of court, 13 " 8, P. L. 76, " I. No race distinction, 75 " ID, P. L. 1 16, " I. Teachers, 93 " ID, P. L. 116, " 2. School term, 94 " ID, P. L. 119, " I. Contract, 425, 426 " 10, P. L. 119, " 2. Bond of trustee, 427, 428 1883 May 22, P. L. 37, Sec. i. Evening schools, 103 " 22, P. L. 37, " 2. Employment of teachers, 103 " 22, P. L. 37, " 3. Qualification of teachers, 104 " 22, P. L. 37, " 4. Expenses, 104 " 22, P. L. 2)7 y " 5- Evening high school, 104 " 22, P. L. 37, " 6. Admittance, 104 " 22, P. L. 37, " 8. Procedure, 104 " 22, P. L. 37, " 9. Act to take effect, loS June 22, P. L. 156, " I. Examination — Permanent certificates, 248 " 22, P. L. 156, " 2. Issuing certificates, 249 ACTS OF ASSEMBLY CITED (The references are to pages.) 1885 469 Branches, 108, 340, 349 Physiology and hygiene, 349 Examination of teachers, 246, 247 City and borough superintendents, .. .327 Fire escapes, 132 Approval of fire escapes, 133 Criminal liability, 133 Insurance money, 421 Investment of insurance money, . . . .421 Embezzlement, 196 Secretary, 386 Misdemeanor, 387 Appeal, 208 Penalty, 316 Accounts, 326 Terms of employment, 250 School month, 224, 225 Constitutional, 200 Vacancy, 190 Bond of tax collector, 191 Issuing of duplicates, 191 Powers and liabilities of tax collector, 191 Books, 191 Notice, 192 Payment, I93 Exonerations, 194 Accounts, '. 198 Unseated lands, 199 Repeal, 199 Preambles, 423 1887 I. Teachers — Institute, 316 School district, 317 Per diem compensation, 317 9. City and borough superintendent, ...329 1. Indigent pupils, 80 Appointment of auditor, 163 1889 April 4, P. L. 25, Sec. i. County land, 123 2. Damages, 123 3. Viewers, 124 I. Compensation, 207 I. Teachers, 105 I. Directors, 3 Repeal, 386 April 2, P.L. 7, Sec. I. " 2. P.L. 7, " 2. " 2, P.L. 7, " 3- May 7, P.L. 15, " I. June 3, P.L. 68, " I. 3, P.L. 68, " 2. 3, P.L. 68, " 3- 3, P.L. 71, " I. 3, P.L. 71, " 2. 3, P.L. 72, II, P.L. 108, " I. II, P.L. 108, " 2. « 24, P.L. 162, " I. 25, P.L. 173, " I. 25, P.L. 173, " 2. 25, P.L. 175, " I. 25- P.L. 176, " 2. 25, RL. 187, 25, RL. 187, " 2. 25, RL. 187, " 3- 25, RL. 187, " 4- 25, RL. 187, " 5- 25, RL. 187, " 6. 25, P.L. 187, " 7- 25, P.L. 187, " 8. " 25, RL. 187, " 10. 25, RL. 187, " II. 25, RL. 187, " 12. 25, RL. 187, " 13- July 7, RL. 263, April 13, P.L. 20, Sec. I. " 13, RL. 20, " 2. ti 13, P.L. 20, " 3- May 24, RL. 196, " 9- " 25, P.L. 271, " I. June I, P.L. 28s, " 4, RL. 25, (( 4, RL. 25, May 4, P.L. 86, May 7, P.L. no. " 13, P.L. 195, " 23, RL. 274, 470 ACTS OF ASSEMBLY CITED (The references are to pages.) April i6, P. L. " i8, P. L. 23, P. L. 114, 114, 172, 175, 22, Sec. 32 " May a June 23, P. L. 2, P. L. P.L. P. L. 228, P. L. 252, P. L. 306, 16, P. U 306, 20, P. h. 578, 2, 8, 9, 16, April 18, " 26, " 26, May 10, " 10, " 10, " 10, " 10, " 10, " 10, " 26, " 26, " 26, " 26, " 26, " 26, " 26, " 26, " 26, " 26, " 26, " 26, " 31, June 6, 6, 6, 6, 6, 6, 6, P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. P.L. 23, 24, Sec. 24, " 34, " 34, ' 39, " 39, ' 41, " 41, " 41, " 146, " 146, " 146, " 146, " . 146, " 146, " 146, " 146, " 146, " 146, •' 146, " 146, " 333, 339, 339, 342, 342, 330, 330, April 10, P. L. 124, " 18. P. L. 36, " 23, P.L. 41, Sec. 1891 I. Controller, 388 I. Oath, 45 1. Appropriation, 366 2. Distribution, 366 Proceedings, 14 2. Compensation, 194 I. Count}' Commissioners, 352 Statement, 150 1. Cities 381, 382, 383, 384, 385 2. Repeal, 386 I. City treasurer, 389 1893 Children of soldiers, 83 1. Compensation, 351 2. Removal, 351 1. Cities of second class, 379 2. Repeal, 379 1. Certificates, 252 2. Applications, 252 1. Auditors, 202 2. Duties, 203 3. Compensation, 203 1. High schools, 92 2. Admission 93 3. Supervision, 93 4. Visitation, 93 5. Branches, 93 6. Teiachers, 93 7. Term, 94 8. Real Estate, 94 9. Grounds and buildings, 94 10. Site, 94 II. Tax, 96 12. Bonds, 96 Holidays, 225 Fraudulent assessment, 189 1. Water closets, 134 2. Directors, 134 2. Viewers, 125 3. Appeal, 126 1. Removal of directors, 67 2. Rule, 68 189s Cornplanter Indians, 423 Indebtedness, 151 I. Normal schools, 400 April 23, P. L. 41, " 23, P.L. 41, May ■ 16, P. L. 72, June : 18, P. L. 203, " 18, P. L. 203, " 18, P. L. 203, " 18, P. L. 203, " 18, P. L. 203, " 23, P. L. 239, " 24, P. L. 245, " 24, P. L. 245, " 24, P. L. 245, 24, P. L. 254, 24, P. L. 254, 24, P. L. 259, 24, P. L. 259, 24, P. L. 259, 24, P. L. 259, 24, P. L. 259, 24, P. L> 259, 24, P. L. 259, 24, P. L. 259, 24, P. L. 259, 24, P. L. 259, 24, P. L. 259, 24, P. L. 413, 24, P. L. 413, 24, P. L. 413, 25, P. L. 27s, 25, P.L. 275, 25, P. L. 284, 25, P. L. 284, 25, P. L. 284, 25, P. L. 291, 25, P.L. 291, 26, P. L. 331, 26, P. L. 331, 26, P. L. 331, 26, P. L. 324, 27, P. L. 395, 27, P. L. 395, 28, P. L. 413, 28, P.L. 411, 28, P.L. 411, 28, P.L. 411, 28, P.L. 411, 28, P.L. 411, 28, P.L. 411, 28, P.L. 411, ACTS OF ASSEMBLY CITED 47I (The references are to pages.) " 2. Expenses, 400 " 3. Repeal, 400 Compulsory school law, 234 II. Children, 286 " 12. Period of exclusion, 287 " 13. Principal, 287 " 14. Penalty, 295 " 21. Imprisonment, 295 '' I. Separate school district, 383 " , I. Water supply, 138 " 2. Audited, 138 " 3. Auditors, 138 '■ I. Waste matter, 135 " 2. Duty of president, 135 Indebtedness 144 " I. New district, 14 " 2. Merger of township, 14 '■ 3. Court apportion indebtedness, 16 " 4. Claims, 18 " 5. Collection, 19 " 6. Receiver, 19 " 7. Credits, 19 " 8. Decrees, 20 " 9. BoTXiughs, 20 " 10. Repeal, 20 '' 4. Appropriations, 97 5. Teachers, 98 " 6. Statements, 98 " I. School districts of third class, 6 " 2. Cities, 381 Oath of office, 45 I. Controllers, 388 ■' 2. Secretary, 388 ' I. Burial places, 124 " 4. Procedure, 127 " I. School grounds, 130 '' 2. Protection, 131 3. Use of grounds, 131 ■ I. Stenographer, 360 ' I. Sectarianism, 276 ' 2. Penalty, z-j^i Teachers of townships, 250 Library, 216 ' I. Library, 214 2. May use school house, 215 3. Taxation, 215 ' 4. Library trustees, 221 ' 5. Supervision, 222 ' 6. Gifts, 215 472 June 28, P. L. 411, " 28, P. L. 413, " 28, P. L. 413, " 28, P. L. 413, " 28, P. L. 413. " 28, P. L. 413, " 28, P. L. 413, July 3, P.L. 544, ACTS OF ASSEMBLY CITED (The references are to pages.) " 7. High school, 99 " I. Joint high school, 97 " 2. Directors, 97 " 3. Grades of high school, 97 '■' 7. Teachers, 99 " 8. Course of study, 99 " 9. Permanent certificate, 248 Preambles, 423 May June Mar. 1 1 " 30. " 30; April 13 " 29 " 29 12 19 19 25 25 25 25 25 26 7 10, 10, 10- 10, 10, 10; 14 22 22 22, 22, 9 9 12 15 15 15 15 15 15 15 15 15 July 1897 P. ly. 53, Sec. I. Limitation of indebtedness, 152 P.L. 10, " I. Aid to libraries, 219 P. L. 10, " 2. Report of manager, 219 P. L. 17, Manner of increasing debt, 147 P. L. 54, '* I. Public documents, 360 P.L. 54, " 2. Distribution of documents, 360 P.L. 55, " I. Independent districts, 435 P. L. 76, Bonds validated, 154 P. L. 76, " I. School houses, 131 P. L. 84, " I. Free libraries, 220 P.L. 84, " 2. Appropriation, 221 P. L. 85, '•■ I. Cities of third class, 189 P. L. 85, " 2. Assessment 189 P.L. 85, " 3. Repeal, 390 P.L. 94, Special tax, 179 P.L. 130, " I. Text books, 323 P.L. 139, " I. Validate indebtedness, 158 P. L. 139, " 2. Notice, iM '.:;.... 158 P. L. 139, '■' 3. Tax to pay debt, .... . .'. . . •■. 160 P. L. 139, " 4. Bonds, 160 P. L. 139, ' 5- Act, 160 P. L. 139, " 6. Repeal, 160 P. L. 149, " 2. Parent or guardian, 84, 85 P.L. 181, " I. Transportation of children, 87,88 P.L. 181, " 2. Expenses, 88,89 P.L. 188, " I. Legal holidays, 225 P.L. 193, " I. Stenography and typewriting, 262 P. L. 216, " I. School directors, 37 P. L. 233, " I. United States flag, 132 P. L. 248, Private teachers, 234 P. L. 271, " I. Appropriation, 361 P. L- 271, " 2. Basis of distribution, 361 P. L. 271, " 3. Taxables, 362 P. L. 271, " 4. Duties of board, 362 P. L. 271, " 5. Assessors, 362, 363 P.L. 271, " 6. Enumeration and enrollment, 363 P. L. 271, " 7. Penalty, 363 P. L. 271, " 8. Blanks, 363 P. L. 271, " 9. Repeal, 364 July 22, p. L. 402, " 22, P. L. 305, " 22, P. L. 305, " 22, P. L. 305, ACTS OF ASSEMBLY CITED 473 (The references are to pages.) Preambles, 423 " I. Per capita tax, 175 " 2. Collection, 175 " 3. Purpose of per capita tax, 175 Mar. 18, P. L. 11, Sec. i. Triennial convention, 351 April 18, P. L. I, 4, P-L. 31, II, P.L. 38, II, P.L. 658, II, P.L. 658, II, P.L. 38, II, P.L. 38, 19, P. L. 64, 2. Misdemeafior, i 352 School term, .^..49, 223 1. Township school boards, 300 2. Misdemeanor, 229, 230 3. Attendance officers, 230,231 2. Nuisances, 300 3. Sanitary agent, 300 Duty of assessors, 362, 363 Mar. 8, P.L. 49, Sec " 8 P.L. 49, " « 22 P.L. 55. April II P.L. 78, " « 23 P.L. 93, « 25, P.L. 105, " " 25 P.L. 105, " It 25 P.L. 105, " " 25 P.L. 105, " " 25 P.L. 105, " May P.L. 169, " P.L. 169, " P.L. 169, ' P.L. 169, " P.L. 176, " P.L. 179, P.L. 180, " P.L. 183, " P.L. 183, " P.L. 183, " P.L. 185, " 17 P.L. 262, 21 P.L. 269, 22 P.L. 290, " 22 P.L. 290, " 29 P.L. 319, June 4, P.L. 364, " " 4 P.L. 364, '■■ 20 P.L. 578, " I90I 1. Branches, 108, 109 2. Physical culture, no, 246 Orphans and friendless children, .... 83 I. School houses for literary purposes, 132,277 Free kindergartens, 77 1. Centralization, 99 2. School board, 99 3. Elections and ballots, 100 4. Issuing of bonds, 100, 157 5. As amended by June 26, 1901, P. L. 600. Instruction and transportation of pupils, 100 I. Private property for library purposes, 216 2. Damages. Viewers, etc., 217 3. Duty of viewers, 217 4. Trial by jury 218 I. Manual training of children, 107 Distribution of library, 216 I. Library trustees, 221 1. Monthly report, .* 255 2. Limitation of provisions of the act,. .255 3. Annulment, 255 I. Exceptions, 209 Salary of county superintendent, . . . .234 Qualifications, 246 1. Bonded indebtedness, 411 2. Bonds and mortgages, 411,412 Subjects not taxable, 176 2. Lien of taxes, 187 10. Claims, 187 I. Treasurers, 200 474 June 20, P. L. 578, " 20, P. L. 578, July 25, P. L. 25, P. L. 26, P. L. 0, P. L. o, P. L. o, P. L. 598, 598, 600, 632, 632, 632, I, P. L. 658, P.L. P.L. 658, 658, P. L. 658, P. L. 658, ACTS OF ASSEMBLY CITED (The references are to pages.) " 3. Levying taxes 201 " 8. School taxes to be collected, 201 " I. Supervising principals, 329 " 2. Duties of principal, 329 Instruction and transportation of pupils,ioo " I. School grounds, 412 " 2. Viewers, 413, 414 " 3. Costs, 414 " I. Parents, guardians, etc., 227,228 " 4. List of children, etc., 232 " 5. Report of teacher, 233 ' 6. Misdemeanor, 233 " 7. Appropriation withheld 234 Feb. April 5 2 2 2, 3 3 13 13 13 14 I4i 14 14 14 14 21 21 21 22 22 22, 22, 23 23 23 23 23 23 23 23 23 23 23 23 1903 P.L. 4, Sec. I. School district, 9 P.L. 133, " I. Free public libraries, 222 P.L. 133, " 2. Establish libraries, 219 P. L. 133, " 3. Annual report, 220 P.L. 142, " I. Enlargement of school district, 11 P. L. 153, " I. Children, loi P. L. 169, " I. Commission, 424 P.L. 169, " 2. Plans, 425 P. L. 169, " 3. Contract, 425 P.L. 172, " I. School directors, trustees, etc., 313 P.L. 172, " 2. Disinfect, 313 P.L. 172, " 3. Approval of method, 313 P.L. 172, " 4. Schoo' session, 314 P.L. 172, " 5. Appropriation, 314 P.L. 172, " 6. Pine for neglect, 314 P. L. 229, " I. Collector of tax, 194 P. L. 229, " 2. School directors and collectors, 195 P. L. 229, " 3. Misdemeanor, 196 P.L. 237, " I. Independent districts, 5,436 P.L. 237, " 2. Reversion of property, 436 P. L. 237, '' 3. Application of act, 437 P.L. 259, '■ I. Money payable to school districts, ...437 P.L. 271, " I. Election, 30,32 P. L. 271, " 2. Election, 30 P.L. 271, " 3. Designation of ballot, 31 P. L. 272, " 4. Vacancies, 31 P. L. 272, " 5. Directors elected under former laws, 31 P. L. 272, '• 6. Appointment by Court, 31 P.L. 274, " I. Jurisdiction of courts, 239 P.L. 274, " 2. Action of the judge, 240 P. L. 274, " 3. Probation officers, 241 P. L. 274, " 4. Commitment of child, 241, 242 P. L. 274, " 5. Guardianship 242 P. L. 274, " 6. Care of the child, 242 ACTS OF ASSEMBLY CITED 475 (The references are to pages.) April 23, P. L. 274, " 7- Jail, police station, etc., 243 " 23, P. L. 274, " 8. Limit of commitment, 243 " 23, P. L. 274, " 9. Religious belief. Approved family home, 243 " 22, P. L. 274, " 10. Delinquent child, 244 " 23, P. L. 274, '■ II. Trials upon indictment, 244 " 23, P. L. 285, Institutions receiving state aid, 418 " 25, P. L. 314, " I- Institutions for scientific and educa- tional instruction, 376, 380, 390 " 25, P. L. 315, " I- Summer assemblies, 359 June 6, P. L. 330, " I. To remove directors, 67 1905 Mar. 16, P. L. 40, Sec. i. Attending high school, loi " 24, P.L. 51, " I. Athletics, 77,109,389 " 27, P. L. 60, " I. Branches, 108, 109, 246 " 27, P. L. 60, " 2. Animals, 109 27, P. L. 60, " 3. Reports, 109 April 8, P. L. 120, Assessment, 188 " 10, P. L. 124, Cornplanter Indians, 423 10, P. L. 131, Children, 228 " 10, P.L. 139, " I. Directors, 354 " 10, P. L. 139, " 2. Directors' meeting, 64 14, P. L. 169, " I. Trespass, 438 " 14, P.L. 169, " 2. Fine and penalty, 438 14, P. L. 169, " 3. School fund, 438 " 20, P. L. 228, " I. City teacher's institute, 319 " 20, P.L. 228,' " 2. Rules, 376 " 20, P. L. 228, " 3. Publicity, 377 " 20, P. L. 231, Free libraries, 186 " 20, P.L. 231, " 3. Taxation, 215 " 20, P. L. 234, Subject not taxable, 176 " 22, P.L. 267, " I. Cities of first class, 368 " 22, P.L. 267, " 2. Sectional school boards, 369 " 22, P. L. 269, " 4. District superintendents, 371 " 22, P. L. 269, " 5. Teachers, 372 " 22, P.L. 270, " 6. Teacher's retirement fund, 373 " 22, P. L. 270, " 7. Buildings, 373 " 22, P. L. 270, '■ 8. Assistants, 374 " 22, P. L. 271, " 9. Expenditures, 374 " 22, P. L. 271, " 10. Board of education, 375 " 22, P. L. 271, '■ II. Repeal, 375 " 22, P. L. 282, " I. School houses, 130 " 22, P. L. 282, " 2. Lighting, 130 " 22, P. L. 282, " 3. Protection of property, 130 " 22^ P. L. 285, Election of secretary, 46 " 22, P.L. 296, " I. Procedure, 26 " 22, P. L. 296, " 2. Certificate, 26 " 22, P. L. 297, " 3. Fee, 27 476 ACTS 01? ASSEMBLY CITED (The references are to pages.) Transcripts, 27 Cities of third class, 383 Fourth class school district, 6 Election of school directors, 29 Township high school, 367 April 22, P. L. 297, " 4- " 22, P. L. 272, " I. " 22, P. L. 272, May 4, P. L. 388. " II, P.h.596, " 8. Table of Cases. (The references are to pages.) —-A— FACt Abell vs. Clark, 84 Cal. 226, 294 Allegheny County vs. Shaw, 34 Pa. 301, 310 Allegheny County vs. Watt, 3 Pa. 462, 3io Assessor's Compensation, 17 Pa. C. C. 572, 237 — B— Baer vs. Weaver, 3 Kulp 57, 2°5, 206 Baker vs. Wilhelm, 7 Pa. C. C. 214, 32i, 322 Barber vs. Newbaker, 19 Pa. C. C. 664, 32i Beaver County Commissioners, 14 D. R. 491, 3o8 Bitting vs. Commonwealth, 20 W. N. C. 178, 5 Black vs. School District, 16 Montg. 179, 52 Bloomsburg School Directors, 121 Pa. 293, "7 Board of Education vs. Minor, 23 Ohio 211, 285 Board of Public Education vs. Ransley, 209 Pa. 51, 2 Borough School Directors, 29 Pa. C. C. 468, 33 Borough School Superintendent, 13 Pa. C. C. 458, 339 Boyle vs. Summitt Twp. School Di.'-trict, 28 Pa. C. C. 35i, 89 Brown vs. Hummel, 6 Pa. 86, 91, 344 Brown vs. West Salem School District, 30 Pa. C. C. 124, 307 Buckwalter vs. Lancaster County, 12 Pa. Superior Ct. 272, 190 Burke vs. School District, 28 Pa. Superior Ct. 16, 252, 261 Burke vs. School District, 28 Pa. Superior Ct. 16, 172 Burton vs. Fulton, 49 Pa. 151, ^^ Butts vs. Howley, 5 Kulp 338, 325 Butler Twp. School District, 158 Pa. i59, 45,66 — C— Cake vs. Philadelphia & Erie R. R. Co., 87 Pa. 307, 4i6, 417 Cassidy vs. Janauechek, 7 Phila. 325, 265 Carlisle Boro. School District vs. Carlisle Boro., 11 D. R. 294, I77 Carlisle School District vs. Humrich, 18 Pa. C. C. 322, 40 Cascade School District vs. Lewis School District, 43 Pa. 318, . ..89, 91 Cavanaugh vs. Cass School District, 6 Pa. C. C. 35, 25 Certificates to College Graduates, 14 Pa. C. C. 108, 254 Chalfant vs. Edwards, 173 Pa. 246, 29 Chamberlain vs. Hartley, 152 Pa. 544, 35 City of Erie School District vs. Smith, 195 Pa. 515, 387, 390 Coal and Iron Co. vs. Dunphy, 11 D. R. 218, 171 Coal Twp. School Directors, 2 Pa. J. L. R 237, 307 Commonwealth vs. Baker, 13 D. R. 448, 387 Commonwealth vs. Bauman, 50 P. L. J. 109, 294 477 478 TABLE OF CASES (The references are to pages.) Commonwealth vs. Board of Education, 187 Pa. 70, 387 Commonwealth vs. Bryant, 5 Clark 78, 272 Commonwealth vs. Cochran, i S. & R. 473, 121 Commonwealth vs. Conewago School District, 18 York 125, 302 Commonwealth vs. Directors Brookville Boro. School District, 164 Pa. 607, 76 Commonwealth vs. Ebert, 3 Pa. J. L. Rep. 252, 274 Commonwealth vs. E. & N. R. R. Co., 27 Pa. 339, 253, 416 Commonwealth vs. Evans, 102 Pa. 394, 383 Commonwealth vs. Fletcher, 180 Pa. 456, 47 Commonwealth vs. Gibson, 196 Pa. 97, 62 Commonwealth vs. Gilligan, 191 Pa. 504, 386 Commonwealth vs. Grimes, 116 Pa. 450, 235 Commonwealth vs. Gruver, 13 Pa. Superior Ct. 553, 198, 199 Commonwealth vs. Guthrie, 203 Pa. 204, 209, 386, 387 Commonwealth vs. Guy, 13 D. R. 213, 308 Commonwealth vs. Harman, 4 Pa. 269, 310 Commonwealth ex rel Heisey vs. Risser, 3 Pa. Superior Ct. 196, 172, 256, 259, 261, 27s Commonwealth vs. Howell, 195 Pa. 519, 387 Commonwealth vs. Jenks, 154 Pa. 368, 78,348 Commonwealth vs. Johnson, 24 Pa. Superior Ct. 490, 56 Commonwealth vs. Joyce, 3 Pa. Superior Ct. 609, 55 Commonwealth vs. Kerr, 25 Pa. C. C. 645, 49 Commonwealth vs. Mackin, 8 Kulp 176, 52 Commonwealth vs. McCullough, 12 D. R. 258, 237 Commonwealth vs. Meanor, 167 Pa. 292, 40 Commonwealth vs. Middleton, 210 Pa. 582, 386, 388 Commonwealth vs. Myers, 170 Pa. 380, "j-^ Commonwealth vs. Pease, i Dauphin 47, 25 Commonwealth vs. Penns Twp. School District, 31 Pa. C. C. 552,. . 90 Commonwealth vs. Philadelphia, 176 Pa. 588, 343 Commonwealth vs. Reynolds, 137 Pa. 389, 386 Commonwealth vs. Risser, 3 Pa. Superior Ct. 196, 172, 256, 259, 261, 275 Commonwealth vs. R. R. Co., 27 Pa. 339, 253, 416 Commonwealth vs. School Directors, 8 Pa. Superior Ct. 257, 9 Commonwealth vs. School Directors, 51 P. L. J. 374, 9 Commonwealth vs. Shaw, 96 Pa. 268, 348 Commonwealth vs. Smith, 14 York 69, 289 Commonwealth vs. Sulzner, 198 Pa. 502, 56 Commonwealth vs. Sweigart, 9 Pa. Superior Ct. 455, 199 Commonwealth vs. Titman, 148 Pa. 168, 199 Commonwealth vs. Upper Swatara Twp. School District, 164 Pa. 603. "jd Commonwealth vs. Walker, 145 Pa. 235, 357 Commonwealth vs. Wenner, 211 Pa. 637, "jj Commonwealth vs. Wickersham, (:^ Pa. 134, 332 Commonwealth vs. Wickersham, 90 Pa. 311, 338 Commonwealth vs. Whitlock, 12 D. R. 791, 41, 47, 209 TABLE OF CASES , 479 (The references are to pages.) Commonwealth vs. Virtue, 13 Luz. L. Reg. Rep. 191, 56 Conley vs. Directors West Deer Twp., 32 Pa. 194, 428 Conney vs. Gardner, 16 Pa. C. C. 547, 122 Connor's Appeal, 103 Pa. 356, 182 County of Allegheny vs. Shaw, 34 Pa. 301, 310 County of Allegheny vs. Watt, 3 Pa. 462, 310 County of Erie vs. City of Erie, 113 Pa. 360, 176 County of Northampton vs. Innes, 26 Pa. 156, 310 Cousins vs. Burgie, 13 D. R. 368, 289 Craig vs. Kline, 65 Pa. 399, 344 Creswell vs. Montgomery, 13 Pa. Superior Ct. 87, 193 Croyle Twp. School District, 29 Pa. C. C. 93 302 Custer vs. School District, 12 Pa. Superior Ct. 102, 267 — D— Darby Boro. School District's Appeal, 160 Pa. 79 163 Darby vs. Sharon Hill, 2 D. R. 485, 162, 163 Dechart vs. Commonwealth, 1 13 Pa. 229, 121, 345 Denison School District, 6 Kulp 457, iq6 Dennison Twp. vs. Padden, 89 Pa. 395, 256, 257, 259 Dickinson Twp. vs. Linn, 46 Pa. 341, 55, 118, 266 Donahoe vs. Richards, 38 Me. 379, 284 Dolan et al vs. Lackawanna School District, 10 D. R. 694, . .. .144, 147 Donaldson vs. York Co. School Superintendent, 8 D. R. 185, 344 Duffield vs. School District, 162 Pa. 476, 264, 296, 297, 305 Duquesne College Charter, 12 Pa. C. C. 491, 254 Dyberry School District vs. Mercer, 115 Pa. 559, 564, 256, 259 Dyer vs. Covington, 19 Pa. 200, 115 — E— East Hopewell Twp. School District, 7 D. R. 177, 90 Edinboro Normal School vs. Cooper, 150 Pa. 78, 264 Elmwood Lumber Co. vs. Frey, 19 Pa. C. C. 56, 139 Erie vs. Erie, 1 13 Pa. 360, 176 Erie School District vs. Smith, 195 Pa. 515, 390 Ex parte Steinman, 95 Pa. 220, 344 — F— Ferree vs. Sixth Ward District, -jd Pa. 2)7(>, 120 Field vs. Commonwealth, 32 Pa. 478, 354 Field vs. Robinson, 198 Pa. 638, 264, 288, 296 First National Bank vs. Rush School District, 81 Pa. 307, 115 Flood vs. Masey School District, 9 Kulp 385, 23 Forcey vs. Caldwell, 9 Atlan. 46G, 50 Ford vs. School District, 121 Pa. 543, 23 Francis vs. School District, 41 P. L. J. 19, 326 Freeman vs. School Directors, 2,7 Pa. 385, 90, 348 Fritchey vs. School Directors, 19 Pa. C. C. 388, 139 Funk vs. Waynesboro School District, 3 Sadler 177, 123 .480 . TABLE Of CASES (The references are to pages.) — G— Gearhart vs. Dixon, i Pa. 228, 170 Gensee Twp. vs. McDonald, 98 Pa. 444, 450, 61. 173, 256, 261 Gerhard vs. Packer Twp. School District, 9 D. R. 720, 305 German Twp. School District, vs. Sangstcn, 74, Pa. 454, 179, 182 Gilbert et al. vs. Tierney, 14 Pa. C. C. 472, 178, 180, 182 Girard Will Case, 2 Howard, (U. S.) 127, 282 Goswiler's Estate, 2 P. & W. 200, 345 Groff's Appeal, 128 Pa. 621, 416, 417 Gross's Appeal, 179 Pa. 24, 69 ~H— Hackett vs. Emporium School District, 150 Pa. 220, 185, 186 Hamilton vs. Kill, 8 Luz. L. Reg. 108, 29 Hart vs. School District, 2 Lane. Law Rev. 346, 277 Harvey vs. Boies, i P. & W. 12, 279 Heard vs. School District, 45 Pa. 93, 75 Heckerman vs. Hummel, 19 Pa. 64, 416 Heckman vs. Board of Controllers, 51 P. L. J. 81, 325 Heidler's Petition, 122 Pa. 653, 13 Heisey vs. Risser et al., 3 Pa. Superior Ct. 196, 172, 256, 259, 261 Hoover vs. Reap, 10 Kulp 59 196 Hughes vs. Goodell, 3 Pitts R. 264, 114 Hysong vs. School District, 164 Pa. 629, 348 — I— Independent School District, 5 Del. 16, 5 In re Borough of Wayne, 7 Del. 545, 73 In re contested Election of Gilleland, 96 Pa. 224, 34 In re East Hopewell Twp. School District, 7 D. R. 177, 90 In re Kibby Family, 12 D. R. 527, S. C, 2 Pa. J. L. R. 167, 308 In re Normal School, 5 D. R. 501, 408 In re Opening Pearl Street, iii Pa. 565, ,..417 In re School Directors, 3 Kulp 59, 157 In re School District of Alden Boro., 23 Pa. C. C. 416, 73 In re School District Luzerne Boro., 3 Kulp 162, 11 In re Wolfe's Petition, 8 Kulp 181, 13 Irvin vs. Gill, 155 Pa. 8, 169 -J- Jackson Twp. School District, 1 1 York 15, 123 — K— Kaine vs. Commonwealth, loi Pa. 490, 76 Keating vs. Jordan, 181 Pa. 168, 60 table; of cases 481 (The references are to pages.) Kell VS. Rudy, i Pa. Superior Ct. 507, 349 Kibby Family, 12 D. R. 527, 308 Kittanning School District's Appeal, 179 Pa. 60, 72 Knew vs. Krause, 3 Pa. C. C. 563, 40 Krickbaum vs. School Directors, 3 Kulp 30, 325 Legrange Independent School District, 7 D. R. 719, 5 Lazarus vs. Morris, 29 Pa. C. C. 505, 123 Lehigh Coal Co. vs. Rahn School District, 9 D. R. 692, 186 Lueder vs. Caffrey et al., 9 Kulp 144, 186 Luburg's Appeal, 23 W. N. C. 454, 144 Lyndall vs. Board of Education, 10 D. R. 655, 266 — M— Maloney vs. Rogers et al., 6 Kulp 289, 322 Mason vs. Caffrey, 9 Kulp 414, 118, 181, 196, 206 Mason vs. School District, 10 Kulp 563, 149 Mathewson et al. vs. School Directors, 23 Pa. C. C. 121, 172, 180 McCrea vs. Pine Twp. School District, 145 Pa. 550, ^t McCrea vs. School District, 145 Pa. 550, 264, 267, 349 McKean et al. vs. Brown et al., 3 Kulp 266, 150 McLeod vs. Normal School, 152 Pa. 575, 412 Medical College of Phila., 3 Wharton 445, 254 Mershon vs. Baldridge, 7 Watts 500, 357 Miller vs. Clement, 205 Pa. 484, ill Mitchell vs. Kearns, 16 Pa. Superior Ct. 354, 185 Mitchell vs. Kearns, 16 Pa. Superior Ct. 357, 322, 325 Mitchell vs. McCormick, 9 Kulp 286, 171 Mohney vs. Cook, 26 Pa. 342, 279 Moore vs. Monroe, 64 Iowa z^"], 284 Mt. Pleasant School District, 20 Pa. C. C. 60, 13 Muncy Boro. School District, vs. Commonwealth, 84 Pa. 469, ....116 Munhall Boro. School District, 207 Pa. 638, 18 — N— Newry School District, 11 Pa. Superior Ct. 592, 14 Nicklas Petition, 146 Pa. 212, 75 Nissley vs. Hummelstown Boro. School District, 5 D. R. y^P; • -75, 294 Normal School vs. Cooper, 150 Pa. 78, 264 Normal School, In re, 5 D. R. 501, 408 Northampton vs. Innes, 26 Pa. 156, 310 Norwegian Street, 81 Pa. 349, 345 — O— O'Donnell vs. School District, 133 Pa. 162, 25 Old Forge School District's Indebtedness, 22 Pa. Superior Ct. 239,. . 9 Overton School District, 7 D. R. 61 1, 34 482 TABI,E OF CASES (The references are to pages.) — P— Palairet's Appeal, 67 Pa. 479, 344 Parker Twp. School District vs. Bruin Boro. School District 13 D. R. 769, 16, 18, 144, 155, 162, 163 Patterson vs. School Directors of Cecil Twp., 24 Pa. C. C. 574, 90 Pearl Street, In re Opening of, iii Pa. 565 417 Pennsylvania R. R. Go's Appeal, 93 Pa. 150, 416, 417 Peiffer vs. Reno, 29 Pa. C. C. 145, 88, 115 Petition of Barr, 188 Pa. 122, 69, 72 Philadelphia vs. Scott, 81 Pa. 80, 344 Phila. & Reading Coal and Iron Co. vs. Porter Twp. School Dis- trict, 14 D. R. 581, 155, 157 Philips vs. Barnhart, 27 Pa. Superior Ct. 26, 175 Pittsburg Junction R. R. Co's Appeal, 122 Pa. 511, 417 Pittston Twp. School District, 12 Luz. 472, 67, 181 Pittston Twp. School District, 30 Pa. C. C. 92, 67, 181 Porter vs. School Directors, 18 Pa. 144, 55, 208 Price vs. Scranton School Controllers, i Lack. Bar 47, .'326 Public Institutions, 13 D. R. 341, 420 -Q- Quicksall vs. Philadelphia, 177 Pa. 301, 417 — R— Reading vs. Berks County, 22 Pa. Superior Ct. ^y^ 177 Reading vs. Krause's Estate, 167 Pa. 23, 345 Removal of School Directors, 14 D. R. 717, 6S Reiser vs. Saving Fund Association, 39 Pa. 137, 144, 345 Richards vs. Joyce, 8 Kulp 572, 150 Ross's Appeal, 179 Pa. 24, 72 Roth vs. Marshall, 158 Pa. 272, 122, 325, 345, 348 Runkle vs. Commonwealth, 97 Pa. 328, 121, 345 Rutledge vs. McCune, 10 Kulp 57, 139 — S— Scheibner vs. Baer, 174 Pa. 482, 346 Schlaudecker vs. Marshall, 72 Pa. 200, I2I School vs. Stoner, 16 Montg. 107, 55 School Boards, 11 D. R. 134, 412 School Directors, vs. Anderson, 45 Pa. 388, 121, 348 School Directors vs. McBride, 22 Pa. 215, 141 School District vs. Padden, 89 Pa. 395, 256, 257, 259 School Directors of Bloomsburg, 121 Pa. 293, 67 School Directors of Lower Salford Twp., 19 Pa. C. C. 264, 138 School District of Erie vs. Fuess, 98 Pa. 600 24 School District of Hatfield Twp., 43 Leg. Int. 277, 5 { TABLE OF CASES 483 (The references are to pages.) School District of Marcy Twp., 5 Kulp 64, 5 School District vs. Mercer, 115 Pa. 559, 172 School District vs. Pitts, 184 Pa. 156, 178, 198, 200 School District vs. School District, 6 Pa. C. C. 38, 25, 26 School District vs. Sangston, 74 Pa. 454, 179, 182 School District vs. Smith, 195 Pa. 515, 189, 387 Schuylkill County vs. School Directors, 42 Pa. 21, 176 Scranton School District vs. Simpson et al., 133 Pa. 202, 389 Sewickley School District vs. Osburn School District, 6 D. R. 211,. . 83 Shannon vs. School Directors, 10 Kulp 544, 325 Shartzer vs. School Board, 90 Pa. 192, 207 Sheetz et al. Norristown Boro. School District, 11 D. R. 403, 146 Sherry vs. Jenks, 154 Pa. 368, 261, 348 Smithfield Borough, 23 Pa. C. C. 583, 16 South Western State Normal School, 26 Pa. Superior Ct. 99, 418 Spiller vs. Woborn, 12 Allen 127, 284 Sprague vs. Baldwin, 18 Pa. C. C. 568, 295 Springboro School District's Case, 21 Pa. C. C. 23, 121 Stevenson vs. Hanyon, 7 D. R. 585 285 Still vs. Reber, 63 Jan. T. Sup. Ct. 1906, 300 Stincliff & Co. vs. Taylor Twp. School District, 10 D. R. 679, 48 Stormfeltz vs. Manor Turnpike Co., 13 Pa. 555, 417 Stroup's Petition, 10 D. R. 301, 342 St. Clair School Board's Appeal, 74 Pa. 252, 185 St. Mary's Church, 6 S. & R. 505, 253 Sugar Notch Borough, 192 Pa. 349, 287, 296, 297 Sullivan County vs. Middendorf, 7 Pa. Superior Ct. 71, 190 Superintendent of Public Schools, 14 D. R. 635, 340 Swatara Twp. School District's Appeal, i Pa. Superior Ct. 502,.... ■ • • • 198, 199, 200 Swatara Twp. School District vs. Geesey, 7 D. R. 173, 205 — T— Taylor vs. School District, 4 Lack. Leg. N. 231, 139 Teacher's Certificates, 16 Pa. C. C. 403 404 Teacher's Institute, 6 Pa. C. C. 24, 017 Thomas vs. School District Henry Clay Twp., 6 D. R. 230, 226 Thompson vs. East Marlborough School District, i Chest. 493, 121 Tobin vs. Morgan, 70 Pa. 229, 173 256, 260 Township of Dickinson vs. Linn, ^G Pa. 341, 55^ ng 266 Trainer vs. Wolf, 140 Pa. 279, 4^0 Tuigg vs. Treacy, 104 Pa. 493, 235 — U— Updegraph vs. Commonwealth, 11 S. & R. 393, 278 _V— Vanaredale vs. Laverty, 69 Pa. 103, 261 Verona Boro. School District's Appeal, i Mona. 697, 169 484 TABLE OF CASES. (The references are to pages.) — w— Walker vs. Edmonds, 197 Pa. 645, 169, 171, 179 Watkins Twp. School District, 70 Pa. no, S Watkins Twp. School District, 18 Pa. Superior Ct. 293, 8 Wayne Twp. School Directors vs. Rosencrans, 30 Pa. C. C. 9, 312 West Chester School District vs. Darlington, 38 Pa. 157, 177 Westfield Boro. School District vs. Dillman, 22 Pa. C. C. 567, 91 West Wheatfield Twp., 10 D. R. 76, 313 Wharton vs. School Directors, 42 Pa. 358, 150, 325, 348 Whitehead vs. School District, 145 Pa. 418, 267, 268, 348 Williams Twp. vs. Williamstown, 9 Pa. C. C. 65, 11, Windsor vs. McVeigh, 93 U. S. 274, 345 Witherop vs. Titusville School Board, 7 Pa. C. C. 451, 149, 187 Witmer's Appeal, 15 Atlan. 428, 22 Woodward vs. Pittsburg, 194 Pa. 193, 417 — Y— Young vs. Pymatuning Twp. School District, 14 D. R. "jtz^ 91 — Z— Zeisweiss vs. James, 63 Pa. 465, 280 Zies vs. Latimer, 28 P. L. J. 366, 139 Zulich vs. Bowman, 42 Pa. 83, 61 GENERAL INDEX. (The references are to the Sections.) Abandoned. land for school purposes, 308 Abolition of School Districts — See "school districts," 20 Abolished School Districts. adjustment, 20 moneys — debts, division thereof by court, 20 Academies. fire escapes, 328 taxation — certain academies are exempt from school tax, 407 Accounts. annual, accounts of school board — publication of, failure, misdemeanor, 480 form of school directors' annual statement of ac- count, 937 libraries, school directors, 492 treasurer of school board to make annual settle- ment of accounts, 147 settlement of accounts, 153, 154 Actions. merged, actions of school district, by or against, 53 school districts, by or against, 42 Addresses. president, secretary, treasurer of school board to be sent to superintendent of public instruction, 134 Adjoining Townships. joint high schools, may be established by, 260 Adjoining School Districts. attending school in, 242, 272 contracts, between adjoining school districts, 245 disputes among directors or controllers of, to be settled by superintendent of public instruction, 723 school boards, discretionary power of, relative to adjoining school districts, 243 486 GENERAL INDEX , (The references are to the Sections.) Admission to High Schools — See "high schools," 248 Adverse Possession. school board cannot acquire title to land by, 308 Age. school age, 195 school age for children to attend free kindergartens, 202 Agreements — See "forms." H. adjoining school districts to form joint schools, 245 teacher and directors, between, 936 Agriculture. school for instruction of, may be established by city councils of any city, 783 Air space. school rooms, 321 Alteration of School Districts — See "school districts," 20 Animals. experiments on living animals forbidden, 290 kind treatment of, 289- Annexation of Land for Educational Purposes — See "eminent domain," "condemnation of land." procedure, 31 viewers and reviewers, 31 report of, 34 Appeal — See "eminent domain" and "condemnation of real estate." auditor's report by taxpayer, time, 489 settlement, time, 488 award of viewers, appeal from, condemning burial grounds, 315 Appointments. directors, power to make appointments. Apprenticeship. form for apprenticeship of child by a public charit- able institution, 956 gkne;rai:v index 487 (The references are to the Sections.) Appropriation — See "state appropriation," 737 Appropriation of Lands — See "eminent domain," "con- demnation of real estate." bond of school district for damages for, form of bond, gc^^ petition to assess damages for a school-house lot, form of petition. 064 Art Galleries. taxation of, exempt from school tax, 407 Assault and Battery. corporal punishment, right to use, 602, 603 defined, 603 teachers' right to use corporal punishment, 602, 603 Assessment. additional assessment to be made on persons mov- ing into district between last assessment and first of May, 430 county rates and levies for school purposes, 391, 398 fraudulent assessment of taxes, misdemeanor, 433 independent school district in, . 3 taxes for school purposes, 429 Assessors. additional assessment to be made on persons mov- ing into district, time, 430 authority of, o borough, ^ children, duty to make list of children, 541 election of, by whom elected, 3 fraudulent assessment, misdemeanor, 433 duties of, o independent school district, duties of, in, 917 salary, how paid, C46 township, ^ Associations of Learning. taxation, certain kind of associations of learning ex- empt from school tax, 407 Athletics, 201, 288 488 GENERAL INDEX (The references are to the Sections.) Attachment. against school district, 65 enforcement of orders and decrees against school districts, 52 evening schools, directors refusal to establish, 280 premature, when, 69 Attendance — See "compulsory attendance." notice, secretaries' official notice of absence to par- ent or guardian, form of notice, 960 schools closed, by reason of small attendance, 235 report of attendance by teacher, form of report, 959 Attendance Officers. compensation of, 538 employment of, 536 powers of, under "compulsory school law," .536 Attending School in Adjoining School Districts, 242 Attest, secretary of school board of directors to officially attest all deeds and contracts of the board, 135 Attorney, employment of, by president of school board, 130 fees, cannot be taxed as costs, 194 Auditors. accounts of school treasurer, 469 tax collectors or school treasurer not settled at proper time, 479 adjustment of indebtedness between school dis- tricts, 384 appeal from, treasurer, 163 borough, accounts of school treasurer, 469 claims, presentation of, 474 collection of taxes, to settle accounts of, 478 compensation of auditors, 486 in independent school districts, 472 duties, failure for neglect of, 485 duties of, in independent school districts, 471 election, in independent school districts, 470 expenditures made by directors — control, 477 independent school districts, duties of, in, 47I' ge;ne;ral inde;x 489 (The references are to the Sections.) Auditors — Continued. libraries, annual report of managers of, to, 516 meetings of, annual meeting, 473 oaths and affirmations, power to administer, 475 failure to take, 484 report, appeal from, by taxpayer, 489 publication, filing copies of, 483 settlement of, appeal from, time, 488 conclusive unless appeal taken, 487 school directors with tax collector, 302 settle, may, accounts of township auditors not au- dited at regular time, 479 school directors forbidden to hold office of, 108 ineligible to office of, election, 490 may be compelled to furnish statement of re- receipts and expenditures to, 481 township, accounts of school treasurer, 469 settlement of treasurer's accounts, 162 treasurer's accounts, 152 legal proofs of claims, 474 witnesses, power to compel attendance of, 475 Ballots. centralization ballots for, form of ballots, 270 of schools, 269 designation thereon, election of borough officers, 83 form of ballots for election to issue bonds in pursu- ance of centralization, 372 Bank. school funds, treasurer's liability, 164 Benevolent Institutions. taxation, exempt from school tax, 407 Bible— See "books." Bible is not a sectarian book, 610 reading of, in public schools not sectarian instruc- tion, 610 Birds. kind treatment of birds. 289 490 GENERAL INDEX (The references are to the Sections.) Blanks. health authorities to furnish to teachers and phy- sicians necessary certificates for purposes re- quired in sees. 6ii, 612, 613, 617 Blank Forms — See "forms." superintendent of public instruction, duty to pre- pare and forward necessary, 726 Blind Children. books for blind children, 657 education, expense of, 210 Board. children attending joint schools, how paid, 240 pupil's, payment, 298 Board of Controllers — See "controllers." school, high school, power to establish, 247 Boards of Directors and Controllers. organization of boards of directors and controllers, chapter V, 116 Board of School Directors — See "directors." election, return of, how made, 90 employment of physician by , liability of school dis- trict, 629 health, township school board to exercise power of board of health, 623 high school, power to establish, 247, 248 minutes, agreement for transporting pupils to school, 241 nuisances, abatement of, in townships, 624 tie vote, how to decide, lOi townships in, abatement of nuisances, 624 vacancies, how filled, term, 80 water supply, contract for, 337 Board of Health. sanitary agent, appointment of, in townships, form of petition, 625, 945, 633 school directors may be compelled to organize as, mandamus, 627 GENERAL INDEX 491 (The references are to the Sections.) Board of Health — Continued. townships, powers and duties, 623 school board to exercise power of boards of health, 623 duties of school board in, 626 Board of Public Education. cities of first class, appointment and term, 757 Bonds. assessment, illegality of, does not invalidate bonds, 367 appropriation of land, form of bond of school dis- trict for damages for, 955 bonds of school district, 48 centralization, bonds for, 270 collector of school tax, form of bond, 940 contractors, bonds, power of school boards to ap- prove, 340 high school purposes, 258 irregularly issued bonds, recall of, 378 issue of bonds by school board, 300 issuing bonds, new bonds for old at different rate of interest, 362 increase of indebtedness, 356 in pursuance of centralization, 372 lawful debt, bona fide purchasers, protected, 366 purchasers, bona fide, protected, 365, 366 redeemed, may be, before or after maturity with consent of holders, 362 tax collector's bond, renewal of, 436, 439 treasurer of school district, form of bond, 939 board of school directors, 147 validated issued since i8th day of April, 1895, 364 Books. agents for sale of books, who cannot act as agents, misdemeanor, punishment, 673, 674 blind children, books for, 657 change of text books, penalty, 666, 667 restricted in cities of second and third class, act to be accepted, 668, 669, 670, 671 directors to select books, 285 furnished free, for use of schools, 66.^ high school books, used in, 251 492 ge;neral index (The reference* are to the Sections.) Books — Continued. library, larceny of books, how punished, 493 lost, liability for loss of books, 494 legal possession of books, 499 ownership of books, 499 purchase of books, 492 title to books, 493 selection of books, 497 use of books regulated, 494 use of books, 498 meeting of directors and teachers for selection of school books, 656,659,660,663 president of school board, unlawful to be interested in the furnishing of books or any other supplies, 674 purchase, ordinary school tax may be used for the purchase of school books, in school books, 664 school books, legal requirements, 658 school books, restraining, 672 school books in cities of second and third class. act to be accepted, 669, 670, 671 restraining purchase of school books, 672 report, monthly, to be deposited with secretary of school board, 137 selection of school books, 656 teachers meeting with directors for, manda- tory, 659, 663 object of teachers meeting with school board, 663 series of school books, when and how selected, 656, 663 vacation, use of school books during vacation, 665 Boroughs — See "city and borough superintendents," 676 a school district, 22 alteration of borough lines, effect, 20 annexation of land for educational purposes, 31 annexing portion of township, to share existing in- debtedness, 38, 42, 380 assessors, boroughs to elect separate assessors, 3 auditor, compensation of borough auditor, 486 incompatible with that of school director, 109 report of borough, see "auditor," 483 building tax not to be levied during erection of a borough or division of township or school dis- trict, 416 charter of borough, adopting of city, 106 GENERAL INDEX -493 (The reference* are to the Sections.) Boroughs — Continued. corporation, a distinct municipal, 23 cutting a borough out of a township, 22 directors, effect of adopting city charter, 106 change of residence, 105 number increased by petition to court, 5 erection of, affecting tax levy, 40 every borough a separate schoool district, 2 formed of part of a township becomes distinct dis- trict, 22 health, board of township not required to act for new borough, 24 high schools in certain, 247 incorporated from a township, is distinct and sep- arate, 23 from a township, when not, distinct and sep- arate, 25 compensation for school property, 44 indebtedness, collection of, 49 how credited, 51 judgments against, land taken for library purposes, 509 laws, subject to different, 23 libraries, aid from councils, 517, 518 councils may aid free public, 517, 518 may be maintained by adjoining township, 515 councils, may take private property for library purposes, 507 merger of school districts, apportionment of indebt- edness, 38, 45, 380 a township into one or more, 38 officers, created by act 1903, appointment of, by the court of quarter sessions, 86 election of, ballots, 83 of school board, 119 residence, change of, effect, 105 schools, controller to establish, 195 directors (application of act, April 23, 1903), 87 directors, election of, 78 directors, election of, in boroughs not divided into wards, 82 directors, to elect six, 87 directors, three to be elected for each ward, 4 district erected out of township, 38 districts of, shall share in rights and liabilities of townships from which formed, 42 494 GENERAL INDEX (The references are to the Sections.) Boroughs — Continued. property, secured by incorporation, compensa- tion, 44 secretary of school board of, election, 121 single school district, creation of, 4 suits, against, record of, 73 superintendent of schools, boroughs having a popu- lation of over five thousand may elect a borough superintendent of schools, 6"]^ tax collector, election of tax collector in boroughs, 435 collection of taxes in cities, 435 special for high school purposes, 257 township and borough one school district, 25 merger into, rights and liabilities, 38 merged into one borough school district, 53 vaccination, liability for expenses incurred by board of health, employing physician, 631 wards, not divided into, to have six school directors, 81 Borough Institutes — See "city and borough institutes," 652, 655 Borough School District — See "boroughs." compensation, need not give for real estate of town- ship annexed to, 21 Borough Superintendent of Schools — See "city and bor- ough superintendent." Borough Superintendent. supervision of high school, 265 Borrow Money — 'See "indebtedness." interest, 346 Branches of Study. alcoholic drinks, effects of alcoholic drinks, stimu- lants and narcotics upon human system required ' to be taught in public schools, 707 athletics, > 201 calisthenics, 292 required to be taught, 292 directors to direct, 251 to select, 285 duty of county superintendent to see that certain branches are taught in the schools, 699 GENERAL INDEX 495 (The references are to the Sections.) Branches of Study — Continued. hygiene, county superintendents report on instruc- tions of, 707 mechanic arts, 201 narcotics, effects of narcotics upon human system required to be taught in pubHc schools, 707 physical culture, 292 physiology, county superintendent's report on in- struction, 707 required to be taught, 286 required to be taught in cities of first and sec- ond class, 288 teachers' monthly report of, 585 stenography, 593 stimulants, effects of stimulants upon human sys- tem required to be taught in public schools, 707 typewriting, 593 Buildings. debts, surplus of ordinary school tax may be used for payment of debts for building purposes, 412 erecting, special tax authorized for purpose of erecting and furnishing buildings, 418 furnishing, special tax authorized for purpose of erecting and furnishing buildings, 418 high, school purposes, 255 lease of, special building tax may be used to lease a building and fit it up as a school house, 422 renting of, for high school purposes, 255 repairs, ordinary school tax may be used for pay- ment of occasional repairs when there is no build- ing tax or fund, 411 school purposes, duty of directors to provide, 317 tax, "public high school building tax," 257 Buildings, School. air space, 321 class rooms, 321 contract, awarding of, 343 for erection of school buildings, unrecorded minutes, 345 heating school building, 344 void, 341 contractor's bond, power of school board to ap- prove, 340 496 GENERAL INDEX (The references are to the Sections.) Buildings — Continued. bonds, issuing, to erect school buildings, 372 breaking into, at night, etc., burglary, 493 or unlawful entry, misdemeanor, 325 erection of, school buildings, 317 on land owned by the county, 310 borrowed money, when court will enjoin, 349 fire escapes, 328 heating school buildings, 321 contract for bids, 344 literary purposes, may be used for, 326 libraries, selection of, for purposes of, 491 use, for purposes of, 502 lighting, 320 location of school buildings, 305 review by the courts, 306 plans and specifications, 318, 319 protection of, 325 renting of, 317 sites for, 304 report of viewers, 367 taking land for, 303 void contract, 341 United States flag, 327 value, measure of, in adjusting indebtedness, 382 ventilation, 321 water closets, 331 Building Tax— See "taxation," "school taxes," "tax." amount, building tax cannot lawfully exceed the amount of the ordinary school tax for the same year, 414 collection of building tax, 413 extent of building tax, amount, 413 lease, may be used to lease a building and fit it up as a school house, 422 levy, building tax can only be levied when there is a levy for ordinary school purposes for same year, 414 cannot be levied for ordinary repairs, but may be for "completing improvements in school buildings contemplated at the time of their erection," 421 may be levied at any time not oftener than once in each school year, 413 GENERAL INDEX 497 (The references are to the Sections.) Building Tax — Continued. not to be levied during division of township or school district or erection of a borough, 416 lien of taxes, 427 mis-appropriation of special tax may render di- rectors personally liable, 424 ordinary tax to be kept separate from the building tax, 417 purposes for which special tax may be used, 413,- 418, 420, 421, 422 separate, building tax to be kept separate from the ordinary school tax, 417 special for building purposes, 413 Burial Grounds. condemning, procedure, 316 taxation, burial grounds not used for private or cor- porate profit, exempt from school tax, 407 ■ viewers, appeal from award of, 315 public, taken for school purposes, 313 Burglary. breaking into school house at night, etc., 493 library, breaking into at night, etc., 493 Business. organization at meeting of school board, 120 Calisthenics. required to be taught, 292 Candidate. director, school, cannot act as judge of the election, no rival, 122 determination of the rights of school directors. Centralization. bonds, issuing for, 270 bonds, issuing in pursuance of election, 372 defined, 267 elections for, 269 instruction, course of, 271 petition for, 268 vote, 268 498 GENERAI, INDEX (The references are to the Sections.) Centralization of Schools. question may be submitted every two years, 268 Certificate — See "forms." committee on permanent certificates at city and borough institutes, 654 election of, school directors, 123 examination for permanent for teachers, 575 health authorities to furnish to teachers and phy- sicians necessary blanks for purposes of sec. i, II and 12, act 1895 (sec. 611, 612, 613), 617 indebtedness, redeeming, 362 interstate county, 582 permanent — election of teachers holding, 577 state teachers' certificates, granting to college graduates, 581 state teachers' certificates, power to annul, 580 state teachers' certificates, to whom granted, 579 physicians, to admit certain pupils excluded from school under "public health acts," 612 showing disinfection, purpose of, 612 practical teachers' state certificate, forms of, 952 tax collector's to county commissioners, of unpaid school tax on unseated lands, form of, 943 to prothonotary of unpaid balance due from collector, form of, 944 teachers', annulled by county superintendent, no- tice, 703,704 countersigning teachers' certificate by county superintendent, 702 employed minor, 229 for teaching in high schools, 252 permanent, issued on recommendation of in- stitute committee, 576 permanent, to whom granted, 574 professional, renewal, 573 professional, to whom granted, 571, 572 vaccination, physicians of, under sec. 12, act June 18, 1895, _ 615 forms of physician's certificates of, 958 of, must be presented by pupils, 616 ge;neral index 499 (The references are to the Sections.) Changes. in school districts, 20 Charitable Institutions. children from other districts, 199 inmates, do not require right to free admission to public schools, 199 taxation, exempt from school tax, 407 Charter. city adopting of, 106 Charts. agents for sale of, who cannot act as agents. Mis- demeanor. Punishment, 673 Children. admission of friendless children to home for a, 218 apprenticeship of child by public charitable insti- tution, form of, 956 assessors to make list of, 541 attending high school in adjoining district, 272 higher grades of schools in another school dis- trict, 2.71 joint schools, payment of board, 240 schools in adjoining school district, 242 blind, books for, 657 commitment, by juvenile court, 557 in juvenile court, limit of, 5^2 corporal punishment, right of teachers and parents, 602, 603 compulsory attendance, application of act, 531 deaf mute, expense of education, 209 delinquent, care of, by probation officer, 560 "delinquent child" defined, 549 under age of twelve years, commitment, 565 "dependent child" defined, 549 destitute, education of, 212 discretionary power of school boards, relative to school, shall attend, 243 employment of children, . 223 not to be under certain age, 223 school teacher's certificate, 229 employer's register, contents, 224 500 gbne;raIv inde^x (The references are to the Sections.) Children — Continued. excluded from school because of "public health acts," period of exclusion, 612 friendless, admission of, to the public schools, tu- ition, 221 education of, " 212 homes for, 212 guardianship, juvenile court, 559 high school, attending in another school district, 272 home — approved family; commitment — juvenile court, 564 "incorrigible child," defined, 549 indigent, blind, education, expenses, 210 trial, unlawful to confine child — certain cases, 561 jurisdiction of courts of quarter session affecting treatment and control of dependent, neglected, incorrigible and delinquent children, 548 legal adoption — juvenile court, 559 "neglected child," defined, 549 non-resident, tuition, 246 ofifences out of school, jurisdiction and authority of teachers over, 604 orphan, admission of, to public school, tuition, 221 police station, unlawful to confine child — ^in certain cases, 561 probation officer, care of delinquent child, 560 punishment — rights of parents and teachers, 602, 603 quarter sessions, power of courts over children un- der sixteen years of age, 547 reformatory, discharge from, 558 refused admission to school, because they cannot produce a certificate, their parents are not liable to penalty of compulsory education law, 616 religious belief, commitment, 563 residing in house in which persons are suffering from certain diseases — not allowed to attend school, 611 rights and duties of — duty of superintendent of public instruction to give information, relative to — See "school laws," 724 school, right to attend, 197 schools for deaf mute children, 208 soldiers of, 222 teachers' monthly report of, 585 transportation, provided for attending school, 234 GBNIIRAI. INDEX 501 (The references are to the Sections.) Children — Continued. transportation, under system of centralization, 271 trials upon indictment, 566 truants, disposition of, 537 vaccination of, is a condition precedent to admis- sion into the public schools, 5i6 vaccination, right of school directors to exclude pupils from school for failure to be vacci- nated, 628 right of teachers to exclude from schools for failure to be vaccinated, 614 vagrant, education of, 212 Cholera. child residing in same house in which any person is suffering from, not allowed to attend school, 61 1 duty of health authorities to furnish daily to per- sons in charge of schools, the names and location of persons suffering from, 61S duty of physicians to report to secretary of school board in townships names and residences of per- sons afflicted, 623 Christianity. part of the common law of Pennsylvania, 610 Christmas Day. see "legal holiday," 5^7 Churches. taxation, exempt from school tax, 407 Cities. annexation of land for educational purposes, 31 charter, adoption of, 106 see "city and borough superintendents," 676 classification of, 795 classification, ly, 18, 19 controllers to establish schools, 195 directors, school, change of residence, effect of, 105 three, for each ward, 4 every, a separate school district, 2 first class, 17, 795 second class, 18, 795 502 ge;ni;ral index (The references are to the Sections.) Cities — ^Continued. third class, 19, 795 high schools in, 247 officers of school board, 119 single school district, 4 school directors, election of, 78 three in each ward, 79 superintendent of schools, cities having population of over five thousand may elect city superintend- ent of schools, 676 three school directors to be elected for each ward, 4 treasurer, bond, 184 Cities of First Class. appropriation for school purposes, 780 board of public education, a corporation, titles, powers and duties, 781,782 appointment and term, 757 appointments to educational position made by board, names of appointees must me among three highest on eligible list, ' 773 duties of, 761 oath of office, 759 organization, 760 to prescribe mode of determining qualifica- tions of applicants for teachers, 771 vacancies, eligibility, 758 city council may establish institutions for scientific and educational instruction, trustees, 783 classification of cities, 795 constitutes a separate school district, 13 district superintendent, appointment, powers and duties, 770 compensation, 770 eligible lists, names of persons appointed to any edu- cational position must appear among three high- est on list, 773 expenditures, 780 janitors, appointment, compensation, 778 public health, rules and regulations, 784, 785, 786 sectional school board, agents, 769 election, term, 762 eligibility, oath, compensation, 764 powers and duties of, 766 organization, report, 'jd'j GENKRAI. INDE;x 503 (The references are to the Sections.) Cities of First Class — Continued. secretaries, 768 vacancies, 76c superintendent of buildings, appointment, security, qualifications, 776 deputies, appointment of, yj'j superintendent of schools, compensation, 770 powers and duties, election, 770 superintendent of supplies, appointment, security, powers and duties, 770 assistants, appointment, yj^^ teachers, certificates of, 772 election of, 787 eligible lists, 773 qualifications of applicants, 771 teacher's retirement fund, 775 Cities of Second Class. branches required to be taught, 288 books — ^change of text books retricted, 793, 668, 669, 670, 671 classification of cities, 795 constitutes a separate school district, 14 directors, power of directors of sub-districts, 790 mechanics, arts, 792 members of school board forbidden to hold office of emolument, 788 school board, forbidden to employ any member thereof in any capacity in which compensation is attached, 788 school books, purchase and awarding of contracts, act to be accepted, 669, 670, 671 school books, change of, restricted, act to be ac- cepted, 668, 671 schools, athletics, 792 schools for scientific instruction — may establish schools for, 704 sub-school districts — power of directors of, 790 Cities of Third Class. annexing adjoining school district, 37 assessment of taxes in cities of third class, 434 athletics in public schools, 821 books — change of schoool books restricted, 822 504 GENERAI, INDEX (The references are to the Sections.) Cities of Third Class — Continued. purchase of school books, 822, 668, 669, 670, 671 bond of secretary of board of school control, amount, condition, 803 branches, required to be taught, 821 classification of, 795 constitute a separate school district, 15 city treasurer ex-officio school treasurer, 818, 819 controllers, annual organization of board, 800 election of, 798 election of two for the same term, 804 may administer oath of office to each other, 816 oath of, form of oath, copy to be filed, 815 officers of board of controllers, 800 powers of, 797 secretary of board of, salary of, 802 secretary to qualify president, 817 terms of, 798 vacancies, filling of tickets, 805, 806, 807 vacancies, how filled, 799 vacancies in offices of board of, 801 constitute a separate school district, 796 election of controllers, 798 election of two school controllers for the same term, 804 institutions for scientific and educational instruc- tion may establish, 826 mechanic art schools, 821 oath of school controllers, form of oath, copy to be filed, 815 organization of school board, secretary to qualify president, 817 secretary of school board, members of board pro- hibited from holding office of secretary thereof, 813 schools — athletics, 821 school boards — members prohibited from being employed by said board where any compen- sation is attached, 813 members of, prohibited from holding the office of secretary thereof, 813 school books, change of restricted, act to be ac- cepted, 668,671,822 purchase and awarding of contracts, act to be accepted, 669, 670, 671 schools — mechanics' art schools, 821 GENERAI, INDEX 505 (The references are to the Sections.) Cities of Third Class — Continued. school taxes, certification of assessment to school board, levy, 824 scientific and educational instruction, establish- ment, 826 taxes, city treasurers to be collector of school taxes, 820 school, levy, 823 text books — change of, restricted, 822 treasurers of, shall, by virtue of their office, be col- lectors of city, school and poor taxes, 820 treasurer of school funds, 818, 819 City and Borough Institutes. attendance, superintendent to report number to board of school directors, number of days each teacher attended, 651 authorized to be held in certain cities and bor- oughs, 652 appropriations for, may be drawn from county treasurer, 653, 643 committee on permanent certificates, 654 funds for support of same may be drawn by super- intendent from the county treasurer, 653 revenues for city and borough institutes, 653 superintendent of schools may call a teachers' in- stitute, 653 support, funds for may be drawn by superintend- ent from county treasurer, 653 teachers' attendance to be reported to board of school directors, 651 time for holding city teachers' institute, notice, 655 City and Borough Superintendent. county superintendent, city and borough superin- tendents, not subject to authority of county super- intendents, 682 election, certificate of election, commission, 677 election of city and borough superintendent, 676 eligibility of city and borough superintendents, 697, 698 teacher's institutes for city and borough superin- tendent authorized to call, 652, 653 cities, boroughs and townships having a popula- tion of over five thousand and may elect a su- perintendent of schools, 6y6 city teachers' institute, time for holding, notice, 655 5o6 ge;neraIv inde;x (The references are to the Sections.) City and Borough Superintendents — Continued. duties of city and borough superintendents, 678 hygiene — report on instructions of hygiene to be' made by city and borough superintendents, 707 physiology — report on instructions of physiology to be made by city and borough superintendents, 707 qualifications, 676 report, annual report, 679 on instructions of physiology and hygiene, 707 to boards of directors and controllers daily attendance of teachers at county institute, 646 teachers' attendance at city and borough insti- tutes, to board of school directors, 651 salary, 676 teachers' institutes, superintendent to report to board of school directors number of days each teacher attended, 651 term of office, dyd time for holding city teachers' institute, notice, 655 townships, cities and boroughs having a population of over five thousand may elect a superintendent of schools, 676 City Superintendent of Schools — See "city and borough superintendents." City Teachers' Institute. time for holding, notice, 655 Class Rooms. air space, 321 Classification. cities. 17. 18, 19 school districts. 12 Collateral Inheritance Tax. libraries, gifts to, free from, 504 Collections. claims against school districts, time. 48 indebtedness of school districts. 49 College. fire escapes. 328 taxation, exempt from school tax. 407 GENERAL INDEX 5^7 (The references are to the Sections.) College Degrees. power to confer, 581 College Graduates. permanent state teachers' certificates, granting to, 581 Compulsory Attendance. application of the act, 530 assessors to make list of children, between ages of 6 and 16, 541 assessor, salary, how paid, 546 attendance officers, compensation of, 538 neglect of duty, a misdemeanor, 543 power of, 536 children, to what the act apply, 531 employers of children, report of, 532 excuse, when school-boards may, 529 fines, disposition of, under act, 535 governess, defined, 545 need not have teachers' certificate, 545 guardians, duty of, 529 misdemeanor, neglect of duty, by teacher or person in parental relation, 533 notice to parent, 534 parents, duty of, 529 parents of children refused admission to school, are not liable to penalty provided by compulsory edu- cation law, 616 private teacher, need not have teachers' certificate, 545 public health acts not in conflict with, 616 secretary of school board, neglect of duty, misde- meanor, 543 service of summons on parents or guardian, form of service, 9^3 special schools for truants, 539 state appropriation — withheld for neglect to en- force compulsory law, 544 summons on parent or guardian, form of summons, 962 superintendent of schools, neglect of duty a misde- meanor, 543 teachers' duty to report pupils three days without excuse, 54^ truants, attendance officers, power of, _ 536 disposition of, 537 proceedings against, 540 508 GENERAI. INDEX (The references are to the Sections.) Commerce. schools for instruction of, may be established by city's council of any city, 783 Commercial Papers. see "drafts," "warrants," purchase by school boards, 300 Common Pleas, Court of. adjusting indebtedness, power to make rules for collection and payment, 386 appeal from award of viewers, land taken for li- brary purposes, notices, 510, 511 appointment of sanitary agents in townships, peti- tion, 625 form of petition, 945 appointment of indebtedness between districts, 45 auditor's settlement, appeal to, time, 488 controllers of school, abuse of official discretion, remedy, 305 debt, authority to authorize under act 1871, 368 directors, school, abuse of discretion, remedy, 305 directors, school — power to remove, 190 division of school district composed of a borough and township, 25 evening schools, may order directors to establish, 280 indebtedness, power to adjust, 369 indebtedness, adjustment by common pleas, 380 independent school districts created by — when they may be abolished, 923 library — appointment of viewers to ascertain dam- ages of land taken, 508 manual training night schools, may compel estab- lishment, 284 oath of office of county superintendent may be ad- ministered by judge of, 686 petition for support of homes for friendless chil- dren, 213 rules for collection and payment of school district indebtedness, 49 school directors, increase of number of, petition, 79 trustees, authorized to sell real estate, 58 viewers, appointment of — land taken for school sites, 303 GENERAL INDEX 509 (The references are to the Sections.) Common Pleas, Court of — Continued. appointment of, when land taken for library purposes, 508 appointment of, to condemn burial grounds, 314 Common Schools. annual report to legislature by superintendent of public instruction, 727 department of, "see department of public instruc- tion," 717 establishment of, - I laws, duty of superintendent of public, to give in- formation relative to, 724 superintendent of, yiy Common School System. special and statutory, 241, i Common School Education. in cities of the first class, see "cities of the first class," _ _ 757, 787 in cities of second class, see "cities of second class," 788, 794 in cities of the third class, see "cities of the third class," 795 Commissioners, County — See "county commissioners." taxable inhabitants, duty to certify to number, 41 triennial enumeration of taxables, duty to make, 41 Commissioner of Roads, Office of. incompatible with that of school director, 109 Committee of School Directors — See "directors." powers of expulsion and suspension of school chil- dren, 295 Compensation. due, 44 directors, school, attending annual meeting, 183 secretary, board of school directors, 133, 143, 144,411 township school district cannot demand compensa- tion from a borough for real estate annexed to borough, 21 SIO GENERAL INDEX (The references are to the Sections.) Compensation — Continued. treasurer of board of school directors, 147, 158 teachers salary, see "Teachers," 136, 150 Complaint. general form of, 957 "Compulsory School Law." — See "Compulsory attend- ance," 529 Condemnation of Real Estate. — See "Eminent Do- main," "Sites." normal schools, appeal from award of viewers, 890 see "eminent domain." normal schools — enlargement of school grounds, bond, 884 petition for appointment of viewers, 885 viewers, estimate of damages, report, 885, 886, 887 Conduct. examination of, pupil, 249 Consolidated School Districts. — See "School Districts." election of separate boards of directors, 4 controllers, powers, duties, 4 organization, 4 property — real and personal, 4 Constable, Office of. incompatible with that of school director, 109 Constitution of 1790, i Constitution of Pennsylvania. article I, section 3, 610 article I, section 6, 46 article III, section 3, 43 article III, section 7, 813 article III, section 8, 622 article III, section 7, 622 article IV, section 8, 719, 721 article IV, section 20, 718 article VI, section 4, 117 article IX, section 8, 347, 350 article IX, section 10, 357 GENERAL INDE;x 5II (The references are to the Sections.) Constitution of Pennsylvania — Continued. ■ article X, section i, 390 article X, section i, 622 article X, section 2, 610 article X, section 3, 103 Constitutional Law. act of June 24, 1895, P. L. 259, is constitutional, 381 act of June 18, 1895, P. L. 203 is constitutional, 622 Contractors. bidders, awarding of contracts, 343 bonds, power of school boards to approve, 340 Contracts. adjoining- school districts between, 245 awarding, by school directors, 343 bids, 343,344 execution by school districts, 60 heating school house, bids, 344 indebtedness, how to determine whether they are lawful by reason of their increasing the indebt- edness, 353 minutes of board of directors for transporting pu- pils, 241 order on school treasurer, 299 preserved, by secretary of board of school directors, 141 pupils to be instructed in adjoining school district, 242 school board, authority to, 341 school districts, between, 245 signed by president of school board, 127, 60 see "forms" teachers' contracts, 589 teacher's contract of employment, 577, 578 teachers', validity of teachers' contracts, 587, 589 transportation of children, to or from school, 239 minutes of board of directors, 241 to schools of adjoining district, 241 directors not to be a party to, 239 void, 341 warrant on school treasurer, 299 water supply, power of directors, term of, 337 Contribution. formation of new school district, 28 512 GSNERAIv INDEX (The references are to the Sections.) Controllers and Directors, Boards of — See "Directors," "Controllers." organization of, chapter V, 1 16 Controllers. accounts, separate accounts to be kept of all mon- eys expended for school supplies, 675, 664 annual meeting with , tax collector to determine amount of unpaid taxes, 450 attendance officers, employment, 536 books, select — ^see "books," 285 bonds, redeemed, may be, before or after maturity with the consent of the holders, 362 Bonds — issuing for centralization, 270 issuing for high school purposes, 258 sale books, notice to teachers of joint meeting for selection of, 661,662 borrow money for high school purposes, 258 may borrow money, 346 building school, duty to procure, 317 committee of expulsion and supervision of pupils, 295 consolidated districts, powers, duties, 4 contractor's bond, power to approve, 340 county institutes, required to pay teachers attend- ing, _ 645 disputes among, to be settled by superintendent of public instruction in certain cases, 723 duty, neglect or refusal to discharge — mandamus, 305 election of, in cities of third class, 798 establish high school in any school district, 259 evening schools, duty to establish — see "evening schools," 274 refusal to establish, 280 expenditures for protection of property, 323 expenses of school, liability for, 297 payment of, 297 fire escapes, criminal liability for neglect of duty, 330 grades of schools, power to establish, 206 grounds, school, duty to provide, 317 high schools, power to establish, 247 power to make rules, for, 249 super\nsion, 249 injunction against school controllers, 305 joint high schools, establishment of, 260 GENERAI, INDEX 513 (The references are to the Sections.) Controllers — Continued. lease grounds, for park or recreation purposes, 324 mandamus, neglect or refusal to discharge duty, 305 to restore expelled pupil, 295 manual training night schools establishment, 284 meeting of, with teachers, school books— selection of series, 656,659,660,661,662 minutes — election of teachers, tgi resolutions and proceedings to levy tax, 395, 396, 397 show visitation of high schools, '250 taxation, exonerations to be recorded on minutes of board, . jq oath of office, controllers may administer oath to each other, gjg officers of, jjq official discretion — review by courts, 301; abuse of, remedy — common pleas, 305 personally liable for unlawful settlement made with tax collector, .^i powers of board in cities of third class, 797 president, duty to certify, provision, act June 24, 1895, P- Iv. 254, have been complied, 335 president — signing drafts for high school expenses, 253 • to certify the number of months, schools have been in operation, r2c physical culture, duty to provide for instruction in, 293 purchase or sell real estate, c5 real estate, power to hold and convey, high school purposes, 254 removal — failure to provide proper water closets for schools — ^see "water closets," 3^1 for refusal or neglect to perform official duty, quarter sessions, ^qc water closets, failure to provide proper, 332 report, annual, to county superintendent, ' 204 report to superintendent of public instruction, under act June 28, 1895, ' 264 renting, building for high school, 255 site for high school, how procured, 256 school books, object of teachers meeting with, for selection of, gg^ 514 GENERAL INDEX (The references are to the Sections.) Controllers — Continued. school supplies — separate account of all moneys expended for, 664, 675 unlawful for controller to become agent or in any way promote sale of, misdemeanor, 673, 674 secretary, attesting drafts for high school expenses, 253 secretary of, to receive report of employers of chil- dren, 532 sites, power to take ground for school sites, 303 power to take land for high school purposes, 256 suits, management, 61 terms of, in cities of third class, 798 teachers — election of certain grades of, for term of three years, ^ 577 employment of, for high schools, 263 employment of, for high schools, 252 failure of school board to provide competent teachers, duty of county superintendent, 708 monthly report to, 585 of stenography and typewriting, may be employ- ed, 593 to be paid for attending county institute, 645 treasurer, drafts on, for expenses of high school, 253 truants, may establish special school for, 539 tax levy, minutes — see "taxation," "school tax_," 394, 395 taxation, controllers may levy a per capita tax of one dollar, 403 taxation — see "taxation," "school tax," — controllers to determine the amount of tax an- nually, 391.393 exonerations, power of school boards to make exonerations, minutes, 410 per capita, controllers may levy a per capita tax of one dollar, 403 visitation, high schools, 250 water supply, contract for, 337 Convention, Triennial. directors' triennial convention, duty of president and secretary of, 688 notice of forms, county superintendent, for election of. 947 GENERAI. INDEX 51c; (The references are to the Sections.) Convention, Triennial — Continued. president and secretary of convention for election of county superintendent, 688 school directors for election of county superintend- ent, 683, 684 school directors of, for election of county superin- tendent, form of notice required to be given, 947 directors expenses to be paid, misdemeanor for can- didate to pay, 711,712 Conveyance. real estate, conveyances by school directors, 56 surviving trustees may in making conv-eyance to school district, 59 trustees, conveyances by trustees, 59 Cornplanter Indians. appropriation for schools among, 900 schools for Cornplanter Indians, 899 school house, provision for election, furnishing and equipment of, 901, 902, 903, 904 Corporal Punishment. damages when parents are liable for, 602. 603 damages when teacher is liable for, 602, 603 parents, right to use, 602 teachers have the right to use, 602, 603 Councils. tax, levying for high school purposes, 257 County. land owned by, may be taken for educational pur- poses, 310 rates and levies — see "taxation," "school taxes," 3 County Commissioners. adjusted valuation of property to be furnished to board of directors and controllers, 400 adjusted valuation — county commissioners to fur- nish school board copy of last, 429 assessment in new districts, 431 certificate to, by collector of school tax, of unpaid tax on unseated lands, form of, 943 5l6 GENERAI. INDEX (The references are to the Sections.) County Commissioners — Continued. children, to furnish hst of, between ages of 6 and i6 to superintendent of public instruction, 541 duties of upon erection of a new independent school district, 921 fire escapes, duty to examine, 329 office of county commissioners — incompatible with that of school director, 109 office for county superintendent, commissioners to provide, furnish and maintain, 713 taxables, commissioners to furnish list of to board of school directors and controllers, 400 duty to certify number of, upon formation of new school district, 41 duty to report number of, to superintendent of public instruction, 730 number of, to be reported, effect of neglect of duty, ^ 731 triennial enumeration of taxables, duty to make, 41 County Institute. accounts of, to be examined by county auditors, 649 of, to be filed by county superintendent in office of county treasurer, 649 adjournment, county superintendent to report, pro- ceedings to superintendent of common schools, 650 amounts that may be appropriated by county treas- urer, 643 attendance of teachers to be reported by county superintendent to report to superintendent of common schools, 650 report of, by county superintendent, 642, 646 superintendent to report to board of school di- rectors number of days each teacher attended, 651 teacher's compensation for attending county in- stitute, 645, 646, 647, 648 teachers, penalty for non-attendance, 644 appropriations for county institute, 643 contribution from county treasurer to county in- stitute, 643 county superintendents, report of proceedings to be reported to superintendent of common schools, 650 to file his account of expenditures, in office of county treasurer, 649 to report attendance, 642, 646 GENERAL INDEX 517 (The references are to the Sections.) County Institute — Continued. funds, misapplication of funds to be punished in same manner as collectors of state and county- taxes, 649 lecturers, number of, to be reported by county su- perintendent to superintendent of common schools, 650' length of session, 641 members of, 641,648 organization of, 641 presiding officers, 641 proceedings to be reported to superintendent of common schools by county superintendent, 650 purpose of, 641 revenues, 643 roll of members, report of attendance, 642, 646 school district liable for teachers compensation, 646 teachers attendance to be reported to board of school directors, 651 teachers' compensation for attending county in- stitute, 645, 646, 647, 648 teachers penalty for non-attendance, 644 County Poor House. taxation, exempt from taxation, 407 County Superintendent. annulling teacher's certificate, notice, 703, 704 blank forms to be furnished by superintendent of public instruction, ^^26 blank forms, to distribute among proper district of- ficers, 726 branches, duty to see that certain branches are taught in the schools, 699 city and borough superintendents are not subject to the authority of county superintendents, 682 contested elections of county superintendents, 689, 690 convention for election of, duty of president and secretary of convention, 688 compensation — unlawful for county superintendents to teach for compensation, 710 competent teachers — duty of superintendent on failure of school board to provide competent teachers, 708 5l8 GENERAL INDEX (The references are to the Sections.) County Superintendent — Continued. convention for election, form for notice of, 947 convention of school directors for election of coun- ty superintendent, 684, 685 countersigning teachers' certificate, 702 county commissioners to provide, furnish and main- tain office for county superintendent, 713 county institute, account of to be filed in office of county treasurer, by county superintendent, 649 county institute, duty to organize, 641 county institutes, county superintendent to report to board of school directors number of days each teacher attended, 651 county institute, report of, to superintendent of common schools, contents of, 650 creation of office, 683 directors annual meeting, duty of county superin- tendent to call, 716 directors, annual report to, 204 election of, contested elections of county superin- tendent, 689, 690 election of county superintendent, 684, 685 election of, notice of election, 687 eligibility, 698 examination of teachers, 700, 701 hygiene — report on instructions of hygiene to be made by county superintendent, 707 immorality — removal for, 714 incompetence — removal for, 714, 715 names of teachers, to be furnished list of, by sec- retary of board of school directors, 146 neglect — removal for, 714,715 notice of election of county superintendent, 687 oath of office, 686 office — creation of office of county superintend- ent, 684, 685 office — duty of county commissioners to furnish and maintain office for county superintendent, 713 persons using intoxicating drinks, shall not receive a certificate as teacher, 705, 706 physiology — report on instructions of physiology to be made by county superintendent. 707 GENERAIv INDBX 5^9 (The references are to the Sections.) County Superintendent — Continued. qualifications of county superintendent, 694, 695, 696, 697, 698 removal by superintendent of public instruction, powers, 729 removal of teacher by county superintendent, legal requirements, 7^3> 7^4 report attendance at county institute, 642, 646 report attendance of teachers at county institute to board of school directors, 651 ■ report of county institute to be sent to superintend- ent of common schools, 650 report on instructions given in schools on physi- ology and hygiene, 7^7 salary of county superintendent, 691,692 school supplies, unlawful for county superintend- ents to become agents or in any way promote the sale of, 673 supervision of high schools, 265 teachers certificate, countersigning, 702 teachers, duty of county superintendent to examine teachers', 700, 701 teachers — failure of school board to provide competent teachers, duty of county superintendent, 708 removal of, by county superintendent, notice, 703. 704 when teachers' certificate may be annulled by county superintendent, 7^3> 7^4 teaching for compensation unlawful, removal, 710 test of qualifications of county superintendent, 695, 696, 697, 698 triennial convention, misdemeanor for candidate for county superintendent to pay directors ex- penses to convention, 7^2 vacancies, how filled, 693 visiting schools — duties of county superintendent, 709 County Treasurer. county institutes, accounts of, to be filed in of- fice of county treasurer, 649 Counties. adjoining, joint schools, 232 520 GEJNERAL INDEX (The references are to the Sections.) Court Houses. taxation, exempt from school tax, 407 Courts. directors, school, discretion, reviewable by, 244 directors, school, power to remove, Chapter VII increase number of school directors to three for each ward, 5 juvenile court, sessions, 550 location of school house, review by, 306 quarter sessions, power over children under six- teen years of age, 547 Cruelty. teacher, power of school board to pass upon change of, 601 Curriculum. evening high school, 278 joint evening high school, 278 Damages. appropriation of land, form of petition to assess damages, 964 Debt. abolished or detached school districts, apportion- ment, 21 building purposes, surplus of ordinary school tax may be used for payment of debts for building purposes, 412 payment of, debts from a former year for school purposes, should be provided for by an addition to the ordinary school tax of the next year, 411 special tax for payment of debts contracted, etc., 413 authorized for payment of a debt contracted in purchasing ground and erecting buildings, 418 tax, surplus of ordinary school tax may be used, etc., 412 Decree. indebtedness, authorizing, notice of intention to make application for decree, 368 increasing without election, void, 349 GENKRAIv INDEX 521 (The references are to the Sections.) Deeds. execution by school district, 60 preserved to^be, by secretary of board of school di- rectors, 141 signed by president of school board, 127 school district, to form of, 954 Delinquent Children. "delinquent child," defined, 549 trials upon indictment, $66 under age of 12 years, commitment, 565 Department of Public Instruction — See "Superintendent of Public Instruction." clerks, appointment of, 7^^ annual report to legislature, 72"/ seal of, 728 Diphtheria. children residing in house in which any person is suffering from, not allowed to attend school, 611 duty of health authorities to furnish daily to per- sons in charge of schools, names and location of persons suffering from, 618 duty of physicians to report to secretary of school board in townships, names and residences of per- sons afflicted, 623 Diphtheritic Croup. children residing in house in which any person is suffering from, not allowed to attend school, 611 duty of health authorities to furnish daily to per- sons in charge of schools, names and locations of persons suffering from, 618 duty of physicians to report to secretary of school board in townships, names and residences of per- sons afflicted, 623 District Superintendent. in cities of first class, power and duties, 770 Districts — See "school districts." adjoining school, disputes among directors or con- trollers of, to be settled by superintendent of public instruction, 723 522 GENERAL INDEX (The references are to the Sections.) Disobedience — See "teachers." teacher may be dismissed for, 599 Dismissal. teacher, causes, 249 Discretion. reviewable by the courts, 244 Directors. absentees, removing of, 172 annual meeting, duty of county superintendent to call, 716 with tax collector, 450 appointment, by the court of quarter sessions, 86 arrangement to have pupils instructed in state nor- mal schools, 845 attorney, employment of, 130 auditor of township ineligible to office of, election, 109 prohibited from holding office of, 108 to furnish annual statement of account, 480 board of school directors — abolished, or detached districts, powers and du- ties of directors, 20 absentees, removing of, 172 accounts, annual publishing, 480 separate account to be kept of all moneys expended for school supplies, 675, 664 agreement between teacher and directors, form of, 936 annexation of land for educational purposes, consent, 31 annual account, to furnish to auditors, 480 meeting, duty of county superintendents to call, purposes, 716 meeting with tax collector to determine amount of unpaid taxes, 450 appointment, by the court of quarter sessions, 86 made by board, term, 97 power to make, 97, 171 arrangements may be made to have pupils in- structed in normal schools, 845 attendance, officers, employment, 536 attorney, employment of, 130 GENERAI, IND^X 523 (The references are to the Sections.) Directors — Continued. board of school directors — Continued. auditor of township, ineligible to office of, elec- tion, 490 prohibited from holding office of, 108 to furnish annual statement of account to, 480 business at meeting of organization, 120 transaction of, number necessary, 117 candidates, rival, determination of rights of, 122 certificate of election of directors, 123 cities of second class, forbidden to employ any member thereof in any capacity in which compensation is attached, 788 of second class, members thereof forbid- den to hold office of emolument, 788 committee of, power to expel and suspend pu- pils, 295 contracts, authority to, 342 conveying children to or from school, etc., 241,239 between, of adjoining school districts, 245 heating school, bids, 344 with teacher, 589 contractor's bond, power of board of directors to approve, 340 corporation, municipal, 76 creation of school boards, 76 county institutes, required to pay teachers at- tending, 645 duties, failure to perform, 185 elected, under former laws, expiration of term, 85 factional organization, 117 grounds, may permit to be used for park and recreation purposes by public, 322 health, township school board to exercise power of board of health, 623 indigent blind children, to establish schools for, 210 joint meeting of, from different school dis- tricts, joint schools, 233 joint schools, discretionary power of, 243 judgment, authority to enter in behalf of dis- trict, 130 legislative powers of school boards, 76 levy of tax, not more than once a year, 392 liability for the dismissal of a teacher, 600 524 G^NEIRAIv INDEX (The references are to the Sections.) Directors — Continued. board of school directors — Continued.. libraries, librarian, selection of, 496 may take private property for purposes of, 507 receive gifts and endowments for, 504 receive money for purposes of, 492 selection of books, 497 mandamus, board of school directors may be compelled to organize as a board of health 627 meetings, ' 169 adjournment, 170 annual, compensation, 183 business, when cannot be legally transact- ed, 177 election of teacher, 591 failure to attend, 172 motions and resolutions, 176 procedure upon convening, 174 quorum, 175 regular, 179 special, by whom called, 180 "stated" and "regular," defined, 170 "to adjourn to a time and place certain," meaning of expression, 173 "to meet at the call of the president," meaning of expression, 173 vote, tie, loses the question, 178 minutes of proceedings, 133 resolutions and proceedings to levy tax, , 395. 396, 397 shall contain annual statement of accounts, furnished to the auditors, 480 show visitation of high schools, 250 taxation, exonerations to be recorded on minutes of board, 410 unrecorded acts of school board not void, 345 oath of office, 118 officers of board, 119 duties of, 126 organization, etc., Il6 of board of school directors. Chapter V, 116 factional, 117 failure to organize, 186 form of petition for removal for failure to organize promptly, 948 ge;ne;ral index 525 (The references are to the Sections.) Directors — Continued. board of school directors — Continued. time thereof, 120 ouster, for absence, proceedings, 173 powers, exercise of, ^6 president, attorney, cannot employ, 130 certify to county superintendent number months schools were in operation, 131 certify number of months schools have been kept open, 525 certify number of months schools have been in operation, 131 contracts, deeds, etc., to be signed by, 127 duties at close of school year, 131 employment of teachers, cannot, his du- ties, 126 liabilities of, 132 name and address to be sent to superin- tendent of public instruction, 134 pro tempore, 181 school supplies, unlawful to be interested in the furnishing of books or any other supplies, 674 signing drafts for high school, expenses, 253 teachers, cannot employ, 129 votes of, 127 pupils, power of school board to expel pupils, 296 quorum, 96 removal, power of courts, 186 school books, not to direct change in, more than once in every 3 years, penalty, 666, 667 notice of meeting for purchase of, 662 school house, grant use of, for literary pur- poses, 326 school supplies, separate account of all moneys expended for, 664, 675 seat, directors right to, tie vote, determination by board, 102 seats vacated, for failure to organize, 120 secretary, books, monthly report to be depos- ited with, at end of term, 137 compensation of, 133 countersign, to, deeds and contracts of the board, 135 526 GENERAL INDEX (The references are to the Sections.) Directors — Continued. board of school directors — Continued, secretary, deeds and contracts, to be kept by and transmitted to his successor, 141 duties of, 133 election of, 121 ex-officio member of the board of library trustees, 519 general librarian of district library, 496 name and address to be sent to superin- tendent of public instruction, 134 ofifice of, cannot be filled by person acting as treasurer, 145 official notice of absence to parent or guardian, form of, 960 order monthly, for teacher's salary, 136 orders, refusal to sign, penalty, 142 "Pennsylvania School Journal," file and transmit to his successor in office, 140 pro tempore, 181 reports, monthly, to receive and examine from teachers, 136 report to teachers of children between ages of 6 and 16, form of report, 961 salary, may receive, 143. seal, to affix to deeds and contracts, 135 teachers, list of names to be forwarded to county superintendent, 146 to receive report of employers of children, 532 to qualify president, 817 valuation, last adjusted of taxable persons and property, to secure, 138 special school for deaf mute children, 208 statutory tribunal, J^ tax, for purpose of free public libraries, 503 support of library, is not an increase of in- debtedness under the constitution, 351 legal requirements as to determining, 395 levy, minutes, 395, 394, 396, 397 to determine amount of, 391 taxation, directors may levy a per capita tax of one dollar, 403 directors to determine the amount of tax annually, 391.393 GENERAL INDSX 5^7 (The references are to the Sections.) Directors — Continued. board of school directors — Continued. exonerations, power of school boards to make, minutes, 410 minutes of amount to be collected, 393, 395 meeting of board to determine amount of tax, 393.395 minutes, resolutions and proceedings should appear, 395 per capita, directors may levy per capita tax of one dollar, 403 teachers, duty of directors to record votes, em- ploying teachers, 59^ election of, 589, 590 election of certain grades of, for term of three years, 577 employment of, under act June 25, 1895, 578 failure of board to provide competent teachers, duty of county superintendent, 708 monthly report to, 585 of stenography and typewriting, may be employed, 593 to be paid for attending county institutes, 645 township not required to act as board of health for new borough, 24 treasurer, accounts, annual settlement, 147 accounts, settlement, 154, 155 appropriations, state, to receive, 147 bank, school funds deposited therein, 164 bond, 147 discretionary power of, 166 , embezzlement, 160 executions, manner of payment, 153 name and address to be sent to superin- tendent of public instruction, 134 office of, cannot be filled by the same per- son acting as secretary, 145 orders on, contents, 152 orders, payment by 147, 149, 150 orders, school, violation of duty to pur- chase, 151 payment, unlawful, 165 powers and duties, 147 re-appointment of, 161 528 GENElRAr, INDE;x (The references are to the Sections.) Directors — Continued. board of school directors — Continued, refusal to pay over funds, 167 removal of, power to, 168 salary, 147 salary, 158 settlement, when conclusive, 162 surcharge, erroneous, remedy, 163 tax, of district, to receive, 147 when city treasurer becomes school treas- urer, 184 truant, may establish special schools for, 539 United States flag, may purchase, 327 vacancies, filling of, by the board, procedure, 96 power of school board to fill, 84 when board fills, 94 void contract, 341 board of health, in townships, 623 directors may be compelled to organize as a board of health, mandamus, 627 of pupils attending joint schools, 240 books, legal requirements for purchase of, 658 teachers meeting with, for selection of manda- tory, 659, 660, 663 bonds, issuing for centralization, 270 issuing for high school purposes, 258 issuing new for old at another rate of interest, 362 issuing to purchase school sites, 372 redeemed, may be, before or after maturity with the consent of the holders, 362 borough, adopting city charter, 106 in, election of, etc., 87 boroughs not divided into wards to elect six di- rectors, 81 borrow money, authorized by court of common pleas, 368 court may authorize, 369 for high school purposes, 258 for purpose of erecting school houses or for purchasing ground whereon to erect school houses, 346 branches, direct, 285 buildings, school, duty to procure, 317 burial grounds, power to appropriate for school pur- poses, 313 I GIJNSRAL INDEX ^ig (The references are to the Sections.) Directors — Continued. business, transaction of, number necessary, 117 candidates, rival, determination of rights of, 122 centralization, providing for, 268 certificate of election, 123 cities of second class, powers of, in sub-school dis- tricts, 790 compensation, receive no, 64 consolidated districts, powers and duties, 4 contract for transportation of children, not to be a party to, 239 contract to instruct pupils in adjoining school dis- tricts, 242 contracts, awarding, 343 deeds, execution by, 60 made individually, 64 convention of school directors for election of a county superintendent, 684, 685 directors triennial convention, duty of pres- ident and secretary of, 688 for election of county superintendent, form of notice required to be given, 947 triennial convention of school directors, notice, duty of superintendent to give notice, 687 courts, power to remove, Chapter VII decreasing the number to two, 99 discretion of, location of school houses, 305 reviewable by the courts, 244 disputes among, to be settled by superintendent of public instruction, in certain cases, 723 distinction, unlawful to make, on account of race or color, 198 duties, failure to perform, 185 neglect or refusal to discharge, mandamus, 305 to disqualify teachers wearing any religious dress or emblem in public schools, 608 elections, contested, how decided, 91 after decrease in number, 100 for different terms, use of "stickers," 89 in consolidated districts, 4 increasing indebtedness, 359 judge of, candidate cannot act as, no in boroughs, 23 in boroughs not divided into wards, 82 530 GENERAL INDEX (The references are to the Sections.) Directors — Continued, elections, in independent school districts, 88, 925 of directors. Chapter IV time, place, 78 return of, how made, 90 under former laws, expiration of term, 85 voters failingto designate, term, effect, 92, 93 equal number in each ward, 5 establish, high school in any school district, 259 evening schools, duty to establish, 274 provision for maintenance, 278 refusal to establish, 280 exempt from serving in certain offices, 108 expenditures, auditors control of, 477 for care and protection of property, 323 expenses, liability for, 297 payment of school, 297 fire-escapes, criminal liability for neglect of duty, 330 grades of schools, power to establish, 206 grounds, school, duty to provide, 317 high schools — see "high schools," power to estab- lish, 247, 248 power to make rules, for, 249 supervision of, 249 indebtedness, created by, without assent of elect- ors, how to validate, 373, 375 independent school district, election of, in, 918 powers of directors in, 7 number of directors, term of office, 88 injunction against, 305 interest in real estate, to have no, 57 joint high schools, may establish, 260 joint meetings of boards of directors, 260 joint meeting of, from adjoining districts, 233 joint schools, establishment of, 230 lease grounds, for park or recreation purposes, 324 liability, personal, 301, 302 libraries, duties of directors, 497 distribution, 506 may establish and maintain free public, 501 may extend aid to libraries already establish- ed, taxes, 513 rules and regulations, to be established, 495 to select school house and provide cases, 491 GENERAIv INDEX 53 1 (The references are to the Sections.) Directors — Continued. township adjoining borough may aid an al- ready established library, 515 location of school houses, 305 mandamus, neglect or refusal to discharge duty, 305 to restore expelled pupil, 295 manual training, night schools, establishment, 284 meeting, annual, called by county superintendent, 183 annual, compensation for attending, 183 of directors with teachers, school books, for se- lection of series, 656, 659, 660, 661, 662 minutes, unrecorded acts not void, 345 motions and resolutions, 176 number may be increased to 3 for each ward, 5 number, increase of, petition for, 79 notice'to, of time and place of holding triennial con- vention, 687 not municipal officers, TJ oath of directors, form of oath, copy to be filed, 815 office, 118 office, directors may administer oath to each other, 816 oath, secretary to qualify president, 817 office of, incompatible with certain other offices, 109 office, term of, 7^ title to, how settled, 107 official discretion, abuse of, remedy, common pleas, 305 officers of board, 119 organize as a board, 116 organization, secretary to qualify president, • 817 organize, failure to, 186 ouster, for absence, proceedings, 173 personally liable for an unlawful settlement made with tax collector, 451 petition for removal, form of, 948, 950 of patrons for or against appointment of teach- er, 594 to borrow money, - 371 physical culture, duty to provide for instruction in, 293 president, duty to certify the provisions Act June 24, 1895, P. L. 254, have been complied with, 335 president pro tempore, 181 president, to qualify all members of board, 118 pupil's board, no authority to pay, 298 pupils, power to expel, 296 532 GENERAi. inde;x (The references are to the Sections.) Directors — Continued. purchase or sell real estate, 56 qualify each other, may, 118 real estate, power to hold and convey, high school purposes, 254 removal, for failure to elect necessary teacher, 188 failure to provide proper water closets for schools — see "water closets," 331 removal, failure to provide proper water closets at schools, 332 for failure to pay janitor, 189 for non-performance of duties, 189 for refusal or neglect to perform official duty, quarter sessions, 5 form of petition for removal, 948, 950 power of, by court of common pleas, 190 under act June 6, 1893, 193 renting buildings, for high school, 255 report, annual, to county superintendent, 204 report to superintendent of public instruction, un- der act June 28, 1895, 264 residence, change of, effect, 105 change of, by school director, 105 writing, 98 rule upon, power of court to grant, 191 salary, may receive when acting as secretary of the board, 143 sanitary agent, form of petition for appointment of, 945 seat, right to, tie vote, 102 secretary, attesting drafts for high school ex- penses, 253 of, election, 121 to qualify president, 118 pro tempore, 181 settlement with tax collector, school directors are personally liable to district for unlawful settle- ment with tax collector, 451 school books, not to direct change in, more than once in every three years, penalty, 666, d^ij notice to teachers of joint meeting for selec- tion of, 661, (£2 object of teachers meeting with, for selection of, 663 schools, establishment, discretionary power of, 196 to establish, 195 GENERAL INDEX 533 (The references are to the Sections.) Libraries — Continued. school supplies, unlawful for director to become agent or in any way promote sale of, misde- meanor, 673, 674 site for high school, how procured, 256 sites for schools, power to take land belonging to county, 310 power to take land for high school purposes, 256 power to take ground for school, 303 statement of receipts and expenditures, may be compelled to furnish same to auditors, 481 suits against, ^i tax collector, prohibited from holding office of, 108 collectors, unlawful settlement with, 302 misappropriation of special tax may render directors personally liable, 424 for support of a library, is not an increase of indebtedness under constitution, 351 taxation, no levy to be made except by majority minutes, 39° tax, to determine amount, 39^ teachers, employment of, for high schools, 252 employment of, for high schools, 263 power of directors over, 5°^ term of office, commencement of, 124 expiration of, _ ^^5 three to be elected for each ward of every city and borough, 4 township of, to exercise powers of board of health, 623 in, powers and duties as board of health, 623 transportation, contract of, not to be a party to, 239 of pupils, 240 of pupils, under system of centralization, 271 of pupils to and from school, recovery against, 241 provide for children, 234 treasurer, drafts on, for expenses, high schools, 253 triennial convention, directors' expenses paid for attending, 7^'^>7^^ vacancies, filling of, chapter IV, page 28 filling of, at any election, 82 filling of by the school board, 9^ how filled, term, 80 power to declare, ^7^ power to fill by board, 84 534 GENERAL INDEX (The references are to the Sections.) Directors — Continued. without resignation, 105 when board fills, 94 vaccination, right of directors to exclude pupils for failure to be vaccinated, 628 visitation, high schools, 250 visit schools, duty to, 203 vote, tie, how to decide, loi voting, enjoined from, for purchase of real estate, having interest therein, 57 wards, court may appoint three for each, 79 water supply, contract, 337 women eligible to office of, 103 Drafts. purchase, by school board not authorized, 300 payment, school expenses, 297 independent school district, in reporting a new dis- trict, commissioners should annex draft, 916 expenses, high school, 253 Easement. condemned land, board acquires no fee, 308 Education. cities of first class, see "cities of first class," 757 second class, see "cities of second class," 788 third class, see "cities of third class," 795 cause of, duty of superintendent of public instruc- tion to give information relative to matters cal- culated to promote, 724 free, i humane, system of, 289 Election Day — See "legal holidays," 527 Elections. ballots for centralization of schools, 269 bonds, for issue of, in pursuance of centralization, 372 candidate for school director cannot act as judge, no certificate of, school directors, 123 contested elections of county superintendent, 689, 690 how decided, 91 county superintendent, 684, 685 contested elections of, 689, 690 notice of election of county superintendent, 687 GENERAL INDEX 535 (The references are to the Sections.) Elections — Continued. directors, school, after decrease in number, lOO decreasing the number of, 99 failure to designate on ticket, term, effect, 92, 93 for different terms, use of "stickers," 89 in boroughs not divided into wards, 82 in boroughs, 87 return of, how made, 90 tie vote, school board to determine, 102 tie vote, how to decide, loi indebtedness, decree of count increasing, void, with- out an election, 349 increase of, return, quarter sessions, 359 increase of, ballots, 359 increase of, notice, 359 to increase, 347 increase of, limited to 2 per centum at any one time, 361 increase of, result, 360 validating, ballots, time of holding, 375 validating, to be governed by existing laws, 376 independent school districts, in time and notice, 88 judge of, school director cannot act as, IIO notice, increase of indebtedness, 359 secretary, board of school directors, 127 tie vote, school directors, how to decide, loi tie vote, duty of school board to examine, 102 vacancies, filling of at, 92 validating indebtedness created by school directors without assent of electors, 2>72)' 374> 375 votes for centralization, 268 Embezzlement. treasurer of school district, 160 Eminent Domain, bond of school district for damages for appropria- tion of lands, form of bond, 955 burial grounds, procedure, 316 burial places, power to take for school purposes, 313 easement only, acquired by school board, 308 high school purposes, 256 land owned by county may be taken for educational purposes. 310 536 GENERAL INDEX (The references are to the Sections.) Eminent Domain — Continued. libraries, damages, 508 school directors may take private property for, 507 viewers, appeal from award of, 510 viewers, duty of, report, 509 viewers, notice of meeting, 508 normal schools, appeal from award of viewers, 890 cannot condemn a public street to enlarge the school grounds, 891 enlargement of school grounds, bond, 884 petition for appointment of viewers — see "forms," 885 viewers, estimate of damages, report, 885, 886, 887 viewers, 885, 886, 887, 888, 889, 890 petition to assess damages for taking of land for a school-house lot, form of petition, 964 school sites, power of directors to enter upon and occupy, for, 303 Employment of Children. forbidden, 223 Enlargement of School Districts. division of property, see "school districts," 30 Equity, Court of. school directors, review of official discretion of, 305 Evening Schools. high school, curriculum, 278 admittance, 279 branches to be taught, 274 closing of, 274 establishment of, 274 expenses, payment, etc., '2']J petition for, 274, 283 procedure to establish, 274 when directors refuse to, 280 teachers, employment of, 275 qualifications, 276 term, 274 Evidence. unrecorded acts of school board may be shown, 345 school district, yi GENERAI, INDEX 537 (The references are to the Sections.) Examination. calisthenics, in, 293 high school, for admission to, 248 hygiene, teachers', 568 non-resident pupils attending high school, 272 physical culture, in, teachers', 569 in, 293 physiology, in, teachers', 568 schools of, desiring to be admitted to the privileges of normal schools, 851 suspension, from high school, 249 teachers', for permanent certificates, 575 Executions. payment, manner of, • 153 special writ of, against school district, dy return of "no funds," 68 against school district, 30 abolished school district, 20 school district, against, 65 Exonerations. taxation, power of school boards to make exonera- tions, minutes, 410 Expenses. education of blind children, 210 high schools, payment of, 253 pupils in joint schools, how paid, 238 schools for deaf mute children, 209 transportation for, children attending school of ad- joining districts, 238 Experiment. - living animals, on, forbidden, 290 Expression. "to adjourn to a time and place certain," mean- ing of, 173 "to meet at the call of the president," meaning of, 173 "special or adjourned meetings," meaning of, 173 "so far as the means of the district will admit," meaning of, 187 538 GEJNERAL INDEX (The references are to the Sections.) Expulsion. pupils of, 294, 295 by committee of board, 295 by teacher, 296 from high school, 249 Factory. children not to be employed, 223 Fees. attorney, costs, 194 land condemned, board acquires no, 308 Fencing. special tax authorized for fencing and improving grounds in connection with the erection of build- ings, 418 Fire. water supply, contract for, 337 Fire Commissioners. examine fire escapes, duty to, 329 fire escapes, examination of, 329 Fire Escapes. certificating approving, 329 county commissioners to examine, 329 criminal liability for neglect, to erect, 330 examination and approval of, 329 examination of, 329 fire marshal, to examine, 329 injuries or death sustained in consequence of fail- ure, damages, misdemeanor, 330 Fire Marshal. examine fire escapes, duty to, 329 First Class School Districts — See "school districts," 17 Flag. display during school hours, 327 purchase of, for school purposes, 327 GENERAL INDEX 539 (The references are to the Sections.) Forms. absence, secretary's official notice of, to parent or guardian, 960 accounts, form of annual statement of district ac- counts, 937 agreement — between teacher and directors, 936 annual district reports, superintendent of public in- struction to furnish blank forms for, 726 application for state normal diploma, 951 apprenticeship of child by public charitable institu- tion, 956 attendance, secretary's official notice of absence to parent or guardian, 960 secretary's report to teacher or principal of children between ages of six and sixteen, 961 teacher's report, 959 bond, for treasurer of school district, 939 of collector of school tax, 940 of school district for damages for appropriation of lands, 955 certificate by tax collector to county commission- ers of unpaid school tax on unseated land, 943 of vaccination, physicians', 958 certificate, practical teachers' state certificate, 952 to prothonotary of unpaid balance due from school tax collector, 944 complaint or information, general form of, 957 county superintendent, notice of convention for election of, 947 deed to school district, 954 information or complaint, general form of, 957 inspector of school accommodation, petition for ap- pointment of, 949 lease of house and lot to school district, 953 notice of convention of school directors for election of county superintendent, 947 oath of collector of school tax, 941 order on district treasurer, 938 petition for appointment of inspector of school ac- commodation, 949 for appointment of sanitary agent under act April II, 1899, P. L. 38, 945 for removal of school directors, 948, 950 to assess damages for a school-house lot, 964 practical teachers' state certificate, 952 540 GENERAL INDEX (The references are to the Sections.) Forms — Continued. report, secretary's, to the principal or teacher of children between the ages of six and sixteen, 961 school director, petition for removal of, 948, 950 state normal diploma, application for, 951 summons on parent or guardian, 962 summons, service of, 963 superintendent of public instruction, duty to pre- pare and forward blank forms for district annual report to county superintendent, 726 tax, certificate, prothonotary, of unpaid balance due from tax collector, 944 tax collector, bond of, 940 certificate to county commissioners of unpaid school tax on unseated lands, 943 oath of, 941 warrant to collect school tax, 942 teacher's attendance report, 959 treasurer, bond for treasurer of school district, 939 order on district, 938 vaccination, physicians' certificate, 958 warrant to collector of school tax, 942 Fourth Class School District — See "school districts," 16 Fourth of July — See "legal holidays," 527 Free Education, i Free Kindergartens, 202 Free Public Libraries — See "libraries," 501 Fuel. purchase of, ordinary school tax may be used for the payment of fuel to keep schools in opera- tion, 411 the special school tax levied under act May 26, 1897, P. L. 94, may be used for payment of fuel used in heating school buildings, 413 special tax authorized for payment of the expense of fuel used in the heating of buildings, 418 Furniture. payment of, ordinary school tax may be used for occasional additions to furniture when there is no building tax or fund, 411 ge;neral indsx 541 (The references are to the Sections.) Gifts. endowments, library purposes — free from collateral inheritance tax, 504 Good Friday — See "legal holidays," 527 "Governess defined," 545 Government. of schools, corporal punishment, 602, 603 Grades of Schools — See "schools." power of directors to establish, 206 Grounds. high school purposes, 255 lease of, park for recreation purposes, 324 purchase, borrow money to, 346 school, expenditures for improvements, 323 public use, 322 used for park and recreation purposes, 322 Guardians — See "school laws." rights and duties of — duty of superintendent of public instruction to give information, relative to, 724 secretary's official notice to guardians of absence, form of notice, 960 summons on guardians under compulsory school law, form of summons, 962 on guardians under compulsory school law, service of summons, form of service, 963 Health, Board of — See "directors." township school board not required to act, for ter- ritory of new borough, 24 Health Officers. « duty of, 618 Heating. contract, bids, 344 school houses, 3^1 542 GENERAL INDEX (The reference! are to the Sections.) High Schools, 247 admission to, 248 appropriation, annual, 262 attending from another school district, when, 272 bonds, 258 borrowing money for, 258 branches to be taught. 251 buildings. 255 centralization, course of instruction. 271 courses, supervision of by state superintendent of public instruction. 266 established, may be in any school district. 259 establishment of. 248 evening curriculum, 278 establishment. 278 examination, non-resident pupils. 272 expenses, payment of. 253 grades of. 261 grounds for. 255 in boroughs. 247 in cities. 247 instruction, uniform course of, to be provided. 259 joint high schools, establishment. 260 pupils, expulsion of, 249 real estate, limit of. 254 renting, building for, 255 sites, how procured. 256 state aid, report to superintendent of public instruc- tion, 264 supervision of, 265 over. 249 tax, 257 teachers, appointment of. 249 certificates. 252 dismissal. 249 employment of. 263 in, qualifications. 252 salaries, 249 term, length of, 253 tuition, non-resident pupil, 272 Holy Scriptures. reading of, in public schools it not sectarian in- struction, 610 GENERAL INDEX 543 (The references are to the Sections.) Home for Friendless Children. appropriation of county funds, order of court, 214 auditors, duty of county, 217 support of, petition to court of common pleas, 213 teachers, employment of, qualifications, 220 treasurer of, duties, 216 trustees and managers, one-third to be appointed by court of common pleas, 215 trustees and managers, powers of, 212 visitors of, 219 Hospitals. taxation — exempt from school tax, 407 Houses, School — See "buildings," 305 air space, 3^1 borrowed money, for erection, 346 breaking or unlawful entry, misdemeanor, 325 burglary, breaking into at night, etc., 493 class rooms, 3^1 contract, awarding of, 343 contractors, bond, power of school board to approve, 340 division and adjustment upon formation of new dis- trict, 6 erection, 3^7 erection of, on land owned by the county, 310 fire escapes, 3^8 heating, 3^1 heating, contracts, bids, 344 joint, building of, 231 library, may be used for purposes of, 502 lighting, 320 literary purposes, may be used for, 326 location of, 3^5 review by the courts, 306 plans and specifications, 3^8, 319 protection of, 3^5 renting of, 3^7 suitable, directors to provide, 190 value, measure of, in adjusting indebtedness, 382 ventilation, 321 viewers, report as to sites, 3^7 water closets, number and arrangement for each school, 331 Humane Education, 57° system of, 289 544 GENERAL INDEX (The references are to the Sections.) Hygiene. county superintendents' report on instruction of hygiene, 707 teachers, examination in, 568 Immorality. teacher may be dismissed for, hearing, 596 Incompetency. teacher, dismissal for, 597 Indians — See "Cornplanter Indians." 899 Indictment. board of school directors liability, 132 Indebtedness, 346 annual tax, to pay interest and principal in thirty years, 355 adjusting between new and old districts, 350 court may appoint auditor to report, 384 court may make rules for payment and collec- tion, 386 measure of value of school property, 382 notice to persons to present claims, failure to present claims, 385 court may pass upon the claims of third parties, 383 adjustment of, township merged into one or more boroughs, 380 where new districts are formed by erection of boroughs out of townships, 380 bond, bona fide purchasers protected, 366 increase of, 356 illegality of assessment does not invalidate bonds, 367 irregularly issued, recall of, 378 issued since i8th day of April, 1895, validated, 364 issuing in pursuance of centralization, 372 issuing new for old, at another rate of interest, 362 issuing, to erect school buildings, 372 issuing to purchase school sites — ^centralization, 372 redeemed, may be, before or after maturity with consent of the holder, 362 borrow money, petition of directors, 369 school board may, 346 calculating assets and liabilities to determine, 353 GENERAL INDEX 545 (The references are to the Sections.) Indebtedness — Continued. certificates of, redeeming of, 362 common pleas, authority to authorize unde'r act 1871, 368 contracts, how to determine whether they are law- ful by reason of their increasing the indebted- ness, 353 created by school directors without assent of elec- tors, how to validate, 373, 375 definition of, 352 determination of, 353 election, increasing, 395 notice of, on question of increase, 359 to increase, 347 examiner to take testimony ; where petition is pre- sented to borrow money, 370 increasing, constitutional limitation, 346 increase of, ballots, 359 by school district, 356 election, notice, 359 election, result, 360 limited to 2 per cent, at one time, 360 increasing, statutes must be strictly complied with, 357 injunction, restraining increase of, 348 interest, borrow money, 346 library, tax for support, not increase, under consti- tution, 351 limitation, constitutional, 347 mandamus does not lie under act February 28, 1835, to compel directors to levy special tax to pay district's indebtedness, 419 merged districts, adjustment and apportionment, 45 adjustment of, 380 mortgages, to secure, 368 normal schools, limitation of indebtedness, 878 notice to present claims, 385 payment, manner of, 356 receiver appointed by court, 50 redeeming existing indebtedness, 363 restraining, increase, 348 statement, must show in detail, filing, 356 statement of, preparation, for purposes of increas- ing, 356 statement of, to be published annually, 354 546 GENERAL INDEX (The references are to the Sections.) Indebtedness — Continued. surplus of ordinary school tax may be used for pay- ment of debts for building purposes, 412 tax, annual, required by constitution, for payment of, 355 for support of library, not an increase, under constitution, 351 validate, how to, created by school directors without assent of electors, 373, 374, 375 Independence Day — See "legal holidays," 527 Independent School Districts. abolished, how, 10 by act of general assembly, when act to take effect, 911,912 abolishing certain, created by common pleas, 923 those created by act of assembly, 924, 926, 928 those created by courts of quarter sessions, 924, 926, 928 abolition, when it takes effect, 20 application to abolish, contents, 11 assessment in independent school districts, 432 assessors, duties of, 917 auditors, compensation, 472 duties, 471 election of, 469 board of directors, powers, 7 collection of taxes in, 8 costs and fees for creation, * 6 county commissioners, duties of, upon erection of new, 921 created by act of assembly — when they may be abolished, 924, 926, 928 by courts of common pleas — when certain, may be abolished, 923 by courts of quarter sessions— when they may be abolished, 924, 926, 928 creation of new districts, 7 petition, 6 courts will not create, excepting, 9 decree erecting, court may vacate in certain cases, 922 directors — election of, 918, 925 elections, manner of holding in, 925 formation, how new districts may be formed, 919 policy of the law against, 9, 930 GENERAL INDEX 547 (The references are to the Sections.) Independent School Districts — Continued. necessity of, 9 new proceedings upon erection of new, 920 proceedings to continue, 912 property, revision of upon abolition of, 927 rights, how determined when court refuses to continue, 913,914 report of commissioners in proceedings to erect, 915 reporting a new district, commissioners should an- nex a draft, 916 ■ school directors, election of, 88 treasurer's accounts, settlement, 157 Information. general form of, 957 school laws, relative to, to be given by superin- tendent of public instruction, 724 Injunction. building tax, court will continue preliminary in- junction to restrain collection, until it appears that tax levy was authorized and legal, 415 pupil's board, payment of, 298 restrain, increasing indebtedness, 348 school directors, against, 305 tax, when collection of tax will, be restrained, 423 Inspector of School Accommodations. appointment, notice, 192 petition for the appointment of, form of petition, 949 Institutes. see "county institutes," 641, 651 "city and borough institutes," 652, 655 teacher's permanent certificate issued by commit- tee of, 576 Institutions of Learning. taxation, exempt from school tax, 407 Instruction. uniform course to be provided for high schools, 259 Instructors. summer assemblies, superintendent of public in- struction, to employ, 733 548 GENERAL INDEX (The references are to the Sections.) Insubordination. teacher may be dismissed for, 599 Insurance. normal schools, insurance money to held in trust by state treasurer, 897 insurance money to be used for repairing and rebuilding, 898 Interest. borrow money, 346 tax, annual, required for the payment of, 355 Interstate Comity, 582 Intoxicating Drinks. branches — efifects of alcoholic drinks, stimulants, etc., upon human system required to be taught in public schools, 707 persons using, shall not receive a certificate as a teacher, 705, 706 Jail. taxation — exempt from school tax, 407 Janitors. dismissal of. for refusing to be vaccinated, 598 failure to pay, ' 189 penalty for failure to comply with public health acts, 619, 620 salary of janitors may be paid out of funds raised by special building tax, 413 special tax, authorized for payment of ex- penses of janitor employed to care for school buildings, 418 vaccination of, dismissal for refusing to be, 598 Joint Evening High Schools, 278 Joint Evening Schools, 275 Joint High Schools. establishment, 260 Joint Meetings. directors, from adjoining districts, 233 GENERAL INDEX 549 (The references are to the Sections.) Joint Schools. board of, pupils attending, payment, 240 contract between school districts to form joint schools, 245 discretion of directors, reviewable by the courts, 244 discretionary power of directors relative to which school pupil shall attend, 243 establishment of joint schools, 230 for adjoining counties, 232 expenses and tuition, how paid, 238 ' house, building of, • 231 proceedings for establishment, 233 transportation of pupils, cost, 237 recovery for, 241 tuition, non-resident pupils, 246 Judge. of election, candidate for school director can act as, no Judgment. abolished school district, 20 against school district, 30, 65 failure to comply with laws, 75 execution on, procedure against school district, 70 payment of judgment against school district, 65 rendered by justice of peace against school district, 'J2 report of viewers — land taken for library purposes, 509 school district, judgment against, 65 school districts, 61 Jury. trial by — land taken for library purposes, 510 Justice of Peace. suits by, against school district, 72 Juvenile Court. action by judge, powers of the court may be exer- cised upon trial, 554 certificate of district attorney, powers of court may be exercised upon, 553 of justice of peace, powers of court may be ex- ercised upon, 552 of magistrate, powers of court may be exer- cised upon, 552 5=^0 GENERAL INDEX (The references are to the Sections.) Juvenile Court — Continued. children, discharged from reformatory, 558 commitment, limit of, 562 of child, _ 557 control of children, 555 delinquent child under twelve years of age, com- mitment, 565 guardianship — appointment of, 559 home family, commitment of child to, 564 jail, unlawful to confine child, in certain cases, 561 judge, power of — cbntrol of children, 555 legal adoption, awarded, 559 petition of citizen, powers of court may be exer- cised upon, 551 police station, unlawful to confine child, in certain cases, 561 probation offtcers, appointment of, 556 duties of, 556 records, 550 religious belief of children, commitment, 563 sessions, 550 Kindergartens, 202 school age for children to attend free kindergar- tens, 202 Labor Day — See "legal holidays," 527 Land — See "eminent domain." abandoned, for school purposes, 308 burial places, may be taken for school purposes, 313 condemned, for school purposes, title, 308 county, owned by, may be taken for educational purposes, 310 library purposes, taken for, 507 purchase, borrowed money, 346 school sites, power of directors to enter upon and occupy, 303 Laundry. employment of children, 223 Law^s. women eligible to office of control or management under, 103 GENERAL INDEX 55^ (The references are to the Sections.) Lease. building for school house, special, building tax may- be used for, 422 grounds for park or recreation purposes, 324 house and lot to school district, form of, 953 Lecturers. summer assemblies, superintendent of public in- struction to employ, 733 Legal Holidays, 527 schools not to be kept open for instruction on hol- iday, 526 teaching on legal holidays forbidden, 526, 528 Legal. residences, I04 Legislature. duty to establish schools, I Leprosy. children residing in house in which any person is suffering from, not allowed to attend school, 611 duty of health authorities to furnish daily to per- sons in charge of schools name and location of persons suffering from, 618 Levy. tax, time of making the levy, 394 Liens. filing of, when and how tax claims must be filed, 428 lien of taxes, 427 Libraries. aid from borough councils, S'^7> S'^^ aid to already established, from school district, 513 agreement between borough and adjoining town- ship to aid library, S^S annual accounts, of school directors, _ _ 492 report of managers receiving aid from adjoin- ing townships, S^o books, larceny of, 493 larceny of, how punished, 493 legal possession, 499 552 GENERAL INDEX (The references are to the Sections.) Libraries — Continued, books, lost, liability for, 494 issue list, 499 purchase of, 492 selection of, 497 title of, 493 use of, 498 use of, regulated, 494 borough councils may aid free public, 517, 518 boroughs in, aid by adjoining township, 515 collateral inheritance tax, gifts and endowments, free from, 504 district school, establishment of, 491 established and maintained by adjoining school dis- tricts, 522 free public, may be established and maintained by school districts, . 501 gifts and bequests, 500 and endowments for, 504 librarian, assistant, 496 manager's annual report, audit, 514 private property taken for purposes of, appeal from award of viewers, 510 damages, 508 viewers, notice of meeting, 508 viewers, report of, 509 rules and regulations, 496 books, ownership, 499 burglary, breaking into at night, etc., 493 private property may be taken for purposes of, 507 trustees, when election may be dispensed with, 520 viewers, appeal from award of, assessing land taken for, 510 school directors, powers of, 500 school, purchased with school fund, taxation for purposes, 426 supervision and inspection of state librarian, 521 taxes for purposes of, 501, 503, 522 taxation for purposes of free public libraries, 425, 426, 503 public libraries are exempt from school tax, 407 townships adjoining boroughs may extend aid to existing libraries, 515 trustees, election, 5^9 gi:neral index 553 (The references are to the Sections.) Libraries — Continued. election, when it may be dispensed with, 520 powers and duties, election, term of office, 519 term of members, 519 vacancy, 5^9 viewers, compensation of, assessing land taken for, 512 Librarian — See "libraries," 49^ Literary Purposes. school house, may be used for, 326 houses may be used for free public libraries, see "libraries," 502 tax, annual, for support, not an increase of indebt- edness, under constitution, see "libraries," 351 Lighting. school houses, 320 Lincoln's Birth-day — See "legal holidays," 527 Liquor License. money, portion of, to be paid to school district, 931 Literary Societies, 296 Loco Parentis. school teacher is in, when child is placed by parent in school, 602, 603 Mandamus. controllers, school, neglect or refusal to perform duty, 305 directors, to restore expelled pupils, 295 evening schools, directors refusal to establish, 280 manual training night schools to establish, 284 office of school director, 107 office of school teacher must be settled by quo warranto, 605 pupils, expelled from school, 295 school directors may be compelled to organize as a board of health by writ of, 627 neglect or refusal to discharge duty, 305 special levy, mandamus does not lie to compel di- rectors to levy special tax to pay district's in- debtedness under act February 28, 1835, 419 treasurer compelled to pay order by, 166 554 GENERAL INDEX (The references are to the Sections.) Manual Training Night Schools. term, 284 Manufacturing. children — employment of children in manufactur- ing industries, 223 schools for instruction of, may be established by city councils of any city, 783 Maps. agents for sale of, who cannot act as agents, misde- meanor, punishment, 673 Market House. taxation, market house owned by a borough is not subject to school or building tax, 407 Mechanic Arts, 201, 228 schools of instruction in, 201,792,821 Meeting Houses. taxation — exempt from school tax, 407 Meetings. absentees, removal of, by school directors, 172 annual, of school directors, compensation, 183 board of directors and controllers, notice, 169 of school directors, business, when cannot be legally transacted, 177 of school directors, motion and resolutions, 176 of school directors, of, tie vote, 178 directors of, record of, adjournment, 172 procedure upon convening, 174 school, absent, ouster proceedings, 173 joint, directors from adjoining districts, 233 high school directors of adjoining districts, 260 quorum, board of school directors, 175 regular, of board of school directors, 179 "stated" and "regular" meetings of boards of di- rectors or controllers, defined, 170 special, of board of school directors, by whom called, 181 GENERAI, INDEX 555 (The references are to the Sections.) Misdemeanor. board of school directors, guilty of, 132 break or enter school house, 325 directors fail to publish annual account, 480 refusal or neglect to suspend teachers wearing any religious dress or emblem in public schools, 608 draw order for other than a legitimate purpose, 132 indebtedness, failure to publish statement of, an- nually, 354 treasurer, misappropriate school funds, 160 Membraneous Croup — See "public health," children residing in house in which any person is suffering from, not allowed to attend school, 611 duty of health authorities to furnish daily to per- sons in charge of schools, names and loca- tions of persons suffering from, 618 of physicians to report to secretary of school board in townships, names and residences of persons afflicted, 623 Memorial Day — See "legal holidays," 527 Militia. director, exempt from performance of duty, 108 Mining. schools for instruction of, may be estabhshed by city councils of any city, , 783 Minutes. board of directors agreeing to send pupils to ad- joining school district, 242 and controllers, tax, determining amount, 395. 295. 397 showing agreement of transportation of pupils, 241 contracts between school districts, 245 contract for erection of school house, 345 directors, establishing joint high school, 260 election of school teacher, 591 evidence, unrecorded acts not void, 345 taxation — exonerations made by school board to be recorded on minutes thereof, 410 556 GENERA!, INDEX (The references are to the Sections.) Minutes — Continued. minutes of school board should show proceed- ings and votes in determining amount of school tax, 395, 396, 397 of board of directors as to amount to be col- lected, 393 unrecorded acts of school not void, 345 visitation, of high school, 250 Mortgages. indebtedness to secure, 368 Motions and Resolutions. of board of directors, 176 Municipal Officers. school directors are not, yy Municipality. taxation, property of a municipality owned and used for public purposes is not taxable, unless specifically made so by law, 407 Museums. taxation, public museums are exempt from school tax, 407 Negligence. school district's accountability, 63 teachers disobeying reasonable rules of school board is negligence for which they may be dis- missed, 598 Negotiable. orders, school, not, 299 warrants, school, not, 299 New Year's Day — See "legal holidays," 527 Night Schools — See "evening schools," 274 manual training, - 284 Non-resident Pupil. tuition, payment, 246 GENDRAI, INDEX 557 (The references are to the Sections.) Normal Schools. admission of students on school district's account, examination, 843 of teachers from the common schools, 846 qualifications, 841 allowance, instruction of pupils drawing an allow- ance from the state, 867 of fifty dollars to graduates of normal schools, 868, 869 to students who agree to teach in the common schools, 866 annual reports of trustees, 833 application for state normal diploma, forms of ap- plications, 951 of schools to be admitted to the privileges of normal schools, 851,852 appropriation for, expenses of board of examiners, 847 from state, distribution of, 877 from the state, 865 bonds and mortgages, execution of, liens, 880, 881 books, text-books, 842 buildings, ^ 834 buildings, lodging rooms and refectories, 835 condemnation of real estate, enlargement of school grounds, bond, 884 of real estate, petition, appointment of viewers, 885 proceedings, estimate of damages, 887 proceedings, viewers, appeal from award of, 890 streets cannot be appropriated to enlarge school grounds, 891 certificates of graduation, 853, 854, 855, 856 certificate, provisional, degree of scholarship, 859 certificate of scholarship, 853, 854 course of study, " 839 diploma, second, 857 forms of applications for state normal diploma, 951 districts, 828 eminent domain, 884 establishment of normal schools, 830 requisites for the establishment of a normal school, 863 examinations, manner of holding, 849 of graduating class, board of examiners, 847 of schools desiring to be admitted to the priv- ileges of normal schools, 851 558 CENERAI, INDEX (The references «re to the Sections.) Normal Schools — Continued. board of examiners, 847 extension of corporate privileges, eminent domain, 891 graduates under age of seventeen years not entitled to fifty dollar allowance, 869 graduation, examination of candidates for, 853 graduating class, examinations of, board of ex- aminers, 847 graduation, number of votes necessary to obtain a certificate, 858 second diploma, 857 grounds, enlargement of, condemnation of real es- tate, bond, 884 indebtedness, bonded indebtedness may be re- funded, 879 execution of bonds and mortgages, liens, 880, 881 increase of mortgage, statement to auditor gen- eral, 879 limitation of, 878 no power to mortgage without special statu- tory authority, 882 insurance money to be held in trust by state treas- urer, 897 to be used for repairing and rebuilding, 898 library for use of students, 836 liens, mechanics' liens, normal schools subject to, 883 management of normal school by boards of trustees, 831 mechanics' lien, normal schools subject to, 883 model schools, 840 mortgages and bonds, execution of, liens, 880, 881 officers of institutions receiving state aid shall not furnish supplies, misdemeanor, 892, 893 operation, when they shall go into operation as nor- mal schools, 862 principal, 838 professors, 837 provisional certificate, degree of scholarship, 859 pupils from school districts may be instructed in normal schools, 845 power to expel, 296 qualifications for admission, 841 real estate, state may purchase real estate of normal schools in certain cases, 894 scholarship, certificate of, 853, 854 schools for practice, 840 GENERAL INDEX 559 (The references are to the Sections.) Normal Schools — Continued. when they shall go into operation as normal schools, 862 state appropriation, 865 appropriation, distribution of, 877 trustees, appointment, 864 graduates agreeing to teach in public schools to receive allowance of fifty dollars, 868 allowance of fifty dollars to graduates of, 868, 869 instruction of pupils drawing an allowance from the state, 867 mortgage, increase of, statement to auditor gen- eral, 879 schools desiring to be admitted to the privileges of normal schools, examinations, 851 students, instruction of pupils drawing an allow- ance from the state, 867 students who shall sign agreement to teach in public schools for two years to receive al- lowance of fifty dollars, 868, 869 allowance to students who agree to teach in the common schools, 866 trustees of institutions receiving state aid forbid- den to furnish supplies, misdemeanor, 892, 893 students admitted to school on school district ac- count, examination, 843 compensation from, 844 duty of students who graduate on district's ac- count, 860 power to expel students attending on district account, 850 qualification for admission, 841 superintendent of public instruction to advise, 861 teachers, qualifications, 837 text books, 842 thirteenth district erected, 829 trustees, annual reports, 833 election and appointment, 870,871,872,873 elected by contributors or stockholders, 871 first election and appointment of, 873 management of normal schools by board of trustees, 831 may arrange with school directors for instruc- tion of pupils in normal schools, 845 meeting of board of trustees, 876 560 GENERAL INDEX (The references are to the Sections.) Normal Schools — Continued. trustees, power of board of trustees to receive, hold and use real and personal property, 832 powers of, 870 powers and privileges of the two classes of trustees, 875 quorum, 874 state trustees appointment, 864 state trustees, nomination and appointment, 872 visitation, 833 tuition fees, 844 viewers to condemn real estate for purposes of, 885, 886, 887, 888, 889, 890 to condemn real estate, report, 885, 886, 887 visitation by trustees, 833 Notice. claims against school district, 48 Nuisances. in townships, abatement of by school board, 624 Oath. auditors, failure to take, 484, 439 power to administer, 475 collector of school tax, form of, 941 county superintendent, judge of court of common pleas may administer oath of office, 686 oath of office, 686 oath of office to be filed in department of com- mon schools, 686 superintendent of public instruction may ad- minister oath of office, 686 directors, oath of office, 118 president of board to certify number of months schools have been kept open, 131 tax collector to be sworn, 439, 941 Oath of Office. board of public education of cities of first class, 759 Occupation Tax. per capita tax to be in lieu of occupation tax, 405 Offenses. out of school, 604 GENKRAI, INDEX 561 (The references are to the Sections.) Office. borough office, school directors exempt from serv- ing in, jQg change of residence, effect, 104 city office school director, exemption from serving ^"' 108 control or management, women eligible to, 103 director, auditor ineligible to hold office of,' 490 right to office must be settled by quo warranto, 107 effect of borough adopting city charter, ' 105 incompatible with that of collector of school tax, constable, pathmaster, etc., 109 term of, 124, 125 oath of, by school directors, ng school director, auditor ineligible to hold, 490 secretary and treasurer cannot be filled by the same person, ^^^ township office, school director exempt from serv- ing in, jQg treasurer and secretary cannot be filled by the same person, of board of school directors, is an appointed of ficer, of board of school directors, 147 when city treasurer becomes school treasurer, 184 Officers. board of school directors, their duties, 126 health, duty of health officers, 618 pro tempore, officers, jg2 school board, officers of, . jjg Organization. directors, business at meeting of organization, 120 directors, board of, time, 116 120 failure to organize as a board, ' igg factional organization of board of school directors, 117 failure to form, by school directors, 120 186 school for deaf mute children, ' 208 Order. drawn for other thanjegitimate purposes, a mis- demeanor, on treasurer, contents, ^, tco 145 168 562 GENERAI. INDEX (The references are to the Sections.) Organization — Continued. payment, by treasurer of board of school directors, I47> 149. 150 president of school board, drawn by, 128 purchase of school order by treasurer, violation of duty, ^ 151 school orders not negotiable, 299 state appropriation for, superintendent of public in- struction to sign, 725 sign, refusal to, by secretary of board of school di- rectors, penalty, 142 Orphan Children— See "children." admission to public schools, 221 Ouster. directors, for absence, proceedings, 173 Parents. rights and duties of, duty of superintendent of public instruction to give information relative to, see "school laws," 724 secretary's official notice to parents of absence, form of notice, 960 summons on, under compulsory school law, form of summons, 962 summons on under compulsory school law, form of service of summons, 963 whose children are refused admission to school are not liable to penalty provided by compulsory ed- ucation law, 616 Parties to Contract. conveying children to or from school, 239 Parks. lease of grounds for, 324 school grounds may be used by public for recre- ation purposes, 322 Parochial Schools. vaccination, persons in charge, required to refuse admission of any child except upon a certificate signed by a physician, 613 ge;ne;ral index 563 (The references are to the Sections.) Patrons. petition for or against appointment of teacher, 594 teachers appointment, right to petition for or against, 594 Pathmaster, Office of. incompatible with that of school directors, 109 Pennsylvania School Journal. supplied to each district at expense of state, 140 Permanent Certificates — See "certificates," 574 committee on, at city and borough institutes, 654 Permanent State Teachers' Certificate— See "certifi- cates," 579 Per Capita Tax. collection of per capita tax, ■ 405 may be levied for school purposes, 403, 404, 405 occupation tax, to be in lieu of, 405 Petition. annexation of land for educational purposes, peti- tion for, 964 appointment of teacher, right of patrons to petition for or against, ^94 centralization, petition for, 268 damages, to assess damages for a school house lot, form of petition, 964 evening school, petition for, 274, 283 manual training night school, 284 sanitary agent, form of, for appointment, see "forms," 945 ' school directors, for removal of, form of, 948,950 viewers for appointment of, to view and condemn land belonging to county, 312 Physical Culture, 286, 292 Physician. - certificate, to admit pupils excluded from school under "public health acts," 612 health authorities to furnish certain blank certifi- cates, 617 564 GSNERAI, INDEX (The references are to the Sections.) Physician. penalty for failure to comply with public health acts, 619,620 township in, duty to report certain cases to sec- retary of school board, 623 vaccination, liability of borough for expenses in- curred by board of health employing physician, 631 Physiology. county superintendent's report on instruction of, 707 experiments on living animals forbidden, 290 Play Grounds. land, appropriation for, 313 Police Power of State. act June 18, 1895, P. L. 203, is a valid exercise of, 622. Population of Different Classes of Cities, 17, 18, 19 Practical Teachers State Certificate. forms of, 952 President — See "directors." board of school directors, duties of, 126 orders, power to draw, 128 teachers, cannot employ, 129 President Pro Tempore. board of school directors, 181 Prescription. school board cannot acquire title by, 308 Principals. blanks, health authorities to furnish certain blank certificates, 617 school, penalty for failure to comply with public health acts, 619,620 vaccination, required to refuse any child to school except upon physicians certificate, 613 Printing Office, children, employing of, ' 223 GENERAL INDEX 565 (The references are to the Sections.) Private Schools. vaccination, persons in charge required to refuse admission to any child except upon a certificate signed by a physician, 613 Probation Officers. appointment of, duties of, 556 care of delinquent child, 560 Proceeding. under act of April 9, 1867, power to discontinue, 309 Process, Legal. service of against school district, 61 Professional Certificate — See "certificate," 572 Property — See "school houses," see "buildings." compensation, paid by borough to township for school property, 44 deteriorate, school property allowed to, 189 division, school property upon formation of new district, 26 division of, 28 protection of school, of cities and boroughs, 322 trust property, tax on, 408, 409 Provisional Certificates — See "certificates," 571 Public Art Galleries. taxation, exempt from school tax, 407 Public Grounds. use of school grounds, 322 Public Health Acts — See "vaccination." act June 18, 1895, P. L. 203, is constitutional, 622 blanks, health authorities to furnish certain blanks, 617 children, certain not allowed to attend school re- siding in house in which any person is suffering from certain diseases, 611 compulsory education law not in conflict with, 616 exclusion of certain pupils under same, period of exclusion, 612 health officers, duty of, 618, 619, 620 566 GENERAL INDEX (The references are to the Sections.) Public Health Acts — Continued. janitor, penalty for failure to comply with law, 619, 620 physicians' certificate to admit certain pupils ex- cluded under public health acts, purpose of, 612 principal, penalty for failure to comply with law, 619, 620 principals of schools to refuse admission of chil- dren except upon physician's certificate of vac- cination, 613 sanitary agent, form of petition for appointment of, 945 sanitary agent in townships, appointment of form of petition, 625,633,945 school directors may be compelled to organize as a board of health, mandamus, 627 sexton, penalty for failure to comply with law, 619, 620 superintendent of Sunday-school penalty for failure to comply with law, 619, 620 townships, duty of school board in, 626 school board to exercise power of board of health, 623 vaccination, law applies to, 621 vaccination, certificate of, must be presented by pupils, 616 forms of physicians' certificate of, 958 law applies to townships, , 621 of children is a condition precedent to admis- sion into the public schools, 616 physicians certificate of, under Act June 18, 1895, Sec. 12, see "forms," 615,958 right of teachers to exclude pupils for fail- ure to be vaccinated, 614 Public Museums. taxation, exempt from school tax, 407 Public Instruction. department of, 717, 718, 719 superintendent of, see "superintendent of public instruction," 718, 719 Public Libraries. taxation, exempt from school tax, 407 GENERAL INDEX 5^7 (The references arc to the Sections.) Public Schools— See "schools." establishment of, ' ^95 colored children, right to attend, 19^ right to attend, ^97 Public School System. creation of, ^ creature of state constitution and laws, I Pupils. absent, duty of teacher to report, ^ 542 adjoining districts, attending school in, 272 attending adjoining school districts, ^ 242 attending joint schools, expenses, how paid, 238 attending higher grades of schools in other dis- tricts, 273 board of, 240 payment, 290 attending joint schools, payment, 240 conveyance of, to central schools, "^^7 corporal punishment, right of teacher to use, 602, 603 directors may arrange to have pupils instructed in normal schools in certain cases, 845 examination, non-resident attending high school, 272 evening schools, admittance, 279 excluded from school because of "public health acts," period of exclusion, 612 expulsion, ^94 by teacher, 296 from high schools, 249 from normal schools, 296 power of school board, 296 jurisdiction and authority of teaclier over, offences out of school, 6°4 non-resident, tuition, 246 tuition, payment of, 246 refused admission to school, parents are not liable to penalties of compulsory education law, when, 616 residence of, ^ ^°° residing in house in which persons are suffering from certain diseases, not allowed to attend school, ^^^ rights and duties of, duty of superintendent of pub- lic instruction to give information relative to, see "school laws," 724 568 GENERAI, INDEX (The references are to the Sections.) Pupils — Continued. suspension from high schools, 249 suspension, 294 teachers monthly report, 585 transportation of, where centralization, 271 transportation of, cost of, 273 see "transportation," 234-241 truants, disposition of, 537 vaccination, right of teachers to exclude pupils for failure to be, 614 of, is a condition precedent to admission into the public schools, 616 pupils must present certificate of, 616 right of school directors to exclude pupils for failure to be vaccinated, 628 Quarter Sessions — See "juvenile court," 550 annexing land, for educational purposes, 31 of adjoining school districts, petition, contents, 33 auditor may be appointed to adjust indebtedness, 384 certification of new school districts, 39 children under age of 16 years, jurisdiction in pro- ceedings affecting treatment and control of de- pendent, neglected, incorrigible and delinquent children, 548 under 16 years of age, power of courts over, 547 commitment of children, 557 decree creating new school districts, 39 of annexation of land for school purposes, decree set aside, when, 35 delinquent children, ' 548 dependent children, 548 detachment of lands from school district, proceed- ings, 36 directors, appointment of, 86 decrease of number to two, 99 power to remove, 185 removal for failure to elect necessary teach- ers, 188 removal far failure to provide proper water closets, 332 removal for refusal or neglect to perform of- ficial duty, 305 removal of, failure to organize properly, 117 election returns, increase of indebtedness, . 359 GENERAL INDEX 569 (The references are to the Sections.) Quarter Sessions — Continued. incorrigible children, • 548 independent school district created by court of quarter sessions, when they may be abolished, 924, 926, 928 neglected children, 548 trials of delinquent children upon indictments, 566 vacate seats of school directors, for failure to or- ganize, 120 viewers, appointment of, to condemn land owned by county, 312 Quorum. board of school directors, 175 Quo Warranto. office of school director, right to, 107 teacher must be settled by, 605 Race. no distinction to be made, 198 Real Estate — See "eminent domain." directors shall have no interest in property pur- chased, 57 division of, 28 upon formation of a new school district, 26 high schools, for,' 254 new school district, undue proportion, 47 normal schools, condemnation of real estate, en- largement of school grounds, bond, 884 condemnation of real estate, petition for ap- pointment of viewers, 885 state may purchase real estate of normal schools in certain cases, 894 purchase, by school districts, 56 of real estate injoined, 57 sell, alien, etc., by school districts, 56 trust, real estate held in, 58 trustees, sale by, 58 Receiver. appointment of by court of common pleas, 50 duties, powers, 50 indebtedness of school districts, 50 57° GENERAL INDEX (The references are to the Sections.) Record. of suits before justices and aldermen against school districts, contents, 73 unrecorded acts of school board not void, 345 Recovery. for transportation of pupils, see "joint schools," 241 Registry. school, to exhibit names and residences of all chil- dren admitted or rejected for reasons of public health acts, 617 Regulations. high schools, for, 249 school director, written, 98 Relapsing Fever. child residing in house in which any person is suf- fering from, not allowed to attend school, 61 1 duty of health authorities to furnish daily to per- sons in charge of schools, names and location of persons suffering from, ^ 618 physicians to report to secretary of school board in townships, names and residences of persons afflicted with, 623 Remonstrance. appointment of teachers, against, 594 Removal. residence from, efifect, 104 Repairs. payment of, ordinary school tax may be used for the payment of occasional repairs, when there is no building tax or fund, 411 tax, building tax cannot be levied for ordinary re- pairs but may be for "completing improvements in school buildings contemplated at the time of their erection," 421 Report, Annual. failure to make, 205 ge;neraIv index 571 (The references are to the Sections.) , Report. director's report to superintendent of public in- struction, under Act June 28, 1895, ' 264 libraries, annual report by managers, receiving aid from adjoining townships, 516 monthly report from teachers to secretary of school board, 136 principals, monthly report, 291 teachers monthly report, 291 Residence. adjoining school districts, attending school in, 242 change of, effect, 104 children attending schools in adjoining districts, 238 inmates attending charitable institutions, 199 legal residence, , 104 of pupils, 200 pupils attending school in adjoining districts, tui- tion, payment, 246 Resolution. tax, to pay annual, for support of library, '351 Revenues for School Purposes — See "taxation." liquor license money — portion to be paid to school fund in certain cases, 931 trespass upon private property — penalties recov- ered for, to be paid to the school fund, 932, 933, 934 Rules. high schools, for, 249 Sanitary. water supply for sanitary purposes, contract, 337 « . Sanitary Agent. appointment of, in townships, 625, 633 compensation in townships, 625 petition for appointment of, form of petition, see "forms," 945 Salaries. teachers, in high schools, 249 572 GENERAL INDEX , (The references are to the Sections.) Salary. county superintendent, how paid, 691,692 director, school may receive when acting as sec- retary of the board, 143 janitors, payment of, may be made out of funds raised by a special building tax, 413 school teacher, minimum salary of, 595 secretary of school board, salar}^ of, 143 payment of salary, ordinary school tax may be used for the payment of salary of, 411 teacher's, order for, 136,150 treasurer's salary, per centage, 158 treasurer of board of school directors, salary of, 147 Saturday. school not to be kept open for instruction on, 526 Scarlet Fever. child residing in house in which any person is suf- fering from, not allowed to attend school, 61 1 duty of health authorities to furnish dailv to per- sons in charge of schools, the names and location of persons suffering from, 618 duty of physicians to report to secretary of school board in townships, names and residences of per- sons afiflicted, 6 "'3 Scientific and Educational Instruction. cities may establish institutions for, acquisition of property, trustees, 783, 8.?6 Scholars — See "pupils," "children." directors may arrange to have children instructed in normal schools in certain cases, 845 Schools. • absent pupils, duty of teacher to report, 542 agriculture, instruction in, cities may establish schools for, 783, 826 application of schools, to be admitted to the privi- leges of normal schools, 851. 852 athletics, 201,821 attendance, closed by reason of small, 235 attending school in adjoining districts, 242 gi;nb;rai, index 573 (The references are to the Sections.) Schools — Continued. blanks, health authorities to furnish certain blanks to persons in charge, 617 books, see "books," 656,. 675 use of, during vacation, 665 purchase of, see "books," 664 branches, duty of county superintendent to see that certain branches are taught, 699 central schools, 267 centralization of, elections for, 269 commerce, instruction in, cities may establish schools for, 783, 826 contractor's bond, power of school board to ap- prove, 340 contracts, void, 341 Cornplanter Indians, for, 899, 904 compulsory attendance, 529 deaf mute children, for, 208 elections for centralization, 269 establishment of schools, 195, 274, 783 establishment, discretionary powers of directors, 196 examinations of schools desiring to be admitted to the privileges of normal schools, 851 expenses, payment of, 297, 301 free kindergartens, 202 government of, corporal punishment, 602, 603 grades and transfers, regulation of, 207 grades, power to establish, 206 grounds, expenditures for improvements, 323 may be used for park and recreation purposes, 322 heating, contract for, bids, 344 higher grades, attending from other districts, 273 houses, air space, 321 awarding contract, 343 •class rooms, 321 fire escapes, ' 328 heating, 321 lighting, 320 location of, 305 location of, review by courts, 306 plans and specifications, • 318, 319 unlawful entry or breaking, misdemeanor, 325 ventilation, 321 inspector of school accommodations, form of peti- tion for the appointment of, 949 574 GENERAL. INDEX (The references are to the Sections.) Schools — Continued. joint evening high schools, 278 laws, duty of superintendent public instruction to give information relative to, 724 libraries, see "libraries," 491,522 taxation for purposes of, 426 management of, duty of superintendent of public instruction to give information relative to, 724 manufacturing, instructions in, cities may estab- lish schools for, 783 maintenance and support, see "taxation," 390 maintenance, constitutional provision for, 390 mechanic arts, 201 mining, instruction in, cities may establish schools for, 783 night schools, see "evening schools," 274 offences out of school, 604 order, not negotiable, 299 principal, penalty for failure to comply with public health acts, 619, 620 supervising principal of schools, duties of, 680, 681 property, measure of value in adjusting indebted- ness, 382 property of independent school district, revision of upon abolition of district, 927 property, protection of in cities and boroughs, 322 pupils excluded from attending school because of public health acts, period of exclusion, 612 registry, to exhibit names and residences of all children admitted or rejected for reasons of pub- lic health acts, 617 requisites for the establishment of a normal school, 863 residence, right to attend school, 200 revenues for school purposes, see "taxation," 390 right to attend school, * 197 school month, 526 scientific instruction cities may establish schools for, 783.794 sectarianism, appearances of, to be avoided in pub- lic schools, 606 sites for school buildings, see "eminent domain," 303. 304 sites, burial places, appropriation of, 313 land owned by county, may be taken, 310 report of viewers, 307 I GEINDRAL INDElX 575 (The references are to the Sections.) Schools — Continued. special school for habitual truants, 539 superintendent of, in boroughs, 676 in cities of first class; powers and duties, 770 in cities of first class; qualifications of appli- cants, 771 in townships, 680 of public instruction, ' 717, 718 supplies, authority to contract for, 342 officers of institutions receiving state aid for- bidden to furnish supplies, misdemeanor, 892, 893 taxation for support, constitutional provision, 390 vaccination is a condition precedent to admission into the public schools, see "vaccination," 616 persons in charge of schools required to refuse admission of any child except upon a certifi- cate signed by a physician, 613 report of directors to exclude children for fail- ure to be vaccinated, 628 visiting, duty of county superintendent, 709 visit of, by directors, 203 warrants, not negotiable, 299 water closets, number and arrangement for each, 331 water supply, contract for, 337 when certain schools may go into operation as nor- mal schools, 862 School Boards — See "directors." a deliberative body, 601 cities of second class forbidden^to employ any mem- ber thereof in any capacity in which compensa- tion is attached, 788 cruelty of teachers, power of board to pass upon charge, 601 discretionary power relative to sending children to adjoining school districts, 243 dismissal of teacher for immorality, by, 597 of teacher for incompetency, by, 597 of "teacher for refusing to be vaccinated, 598 of teacher for wearing any religious dress or emblem, 608 duties of township school boards to make health regulations, 626 576 GENERAL INDEX (The references are to the Sections.) School Boards — Continued. duty to disqualify teachers wearing religious dress or emblem in public schools, 608 employment of physician by school board, school district not liable, 629 health, township school board to exercise power of board of health, 623 liability of school board for the . dismissal of a teacher, 600 meeting with teachers for the selection of school books, 656, 659, 660, 663 minutes, books, legal requirements for purchase of, 658 dismissal of teacher must be set upon, 597 of, employment of teacher, 591 money, may borrow, 346 president of, duty to make report of amovmt of sal- ary paid teachers, to superintendent of public in- struction, 595 school books, notice of meeting for purchase of, see "books," 662 secretary's official notice of absence to parent or guardian, form of, 960 report to teachers or principals of children be- tween ages of six and sixteen years, form of report, 961 sectional, in cities of first class, agents, 769 in cities of first class, election, term, 762 in cities of first class, eligibility, oath, compen- sation, 764 in cities of first class, organization, report, 767 in cities of first class, powers and duties of, 766 in cities of first class, secretaries, 768 taxation, exonerations, powers of school boards to make exonerations, minutes, 410 townships in, abatement of nuisances, 624 of, to exercise power of board of health, 623 School Books — See "books," 656 agents for sale of, who cannot act as agents, mis- demeanor, punishment, 672^, 674 School Buildings. debts, surplus of ordinary school tax may be used for payment of debts for building purposes, 412 G^NElRAL INDI^X 577 (The references are to the Sections.) School Buildings — Continued. erecting, special tax authorized for purpose of erecting school buildings, 418 furnishing, special tax authorized for purpose of furnishing school buildings, 418 lease of house for school building, special building tax may be raised to lease and fit it up, 422 repairs, ordinary school tax may be used for the payment of occasional repairs when there is no building tax or fund, 411 special building tax cannot be levied for or- dinary repairs, but see proviso, 421 uses, purposes for which school houses may be law- fully used, 609 School Directors — See "directors." School Districts. abolished, districts division of moneys, 20 abolishment, procedure, 11 accounts, form of annual statement of districts' ac- counts, 937 two settlements contemplated, 476 actions by or against school district, 55, 61 by or against merged districts, 53, 42; adjoining, attending high school in, 2'j'2. attending school in, 242 contracts between, 245; districts, may join in aiding free public library already established, 522; districts may join in establishing free public library, 522 joint schools, 230 alteration of township or borough lines, efifect, 20 or abolution, when same takes place, 20 amount of teachers' salary to be reported to super- tendent of public instruction, 595 annexation of land for educational purposes, 31 of part or parts of, 30 annexed to borough, apportionment of debts, 21 assessment in independent school districts, 432 in new school districts, 431 assessor, salary of, how paid, 546 attachment against, 52 when premature, 69 578 GENERA!, INDEX (The references are to the Sections.) School Districts — Continued. attending school in adjoining, 242 auditor's report, appeal from, by taxpayer, 489 report of, see "auditors," 483 blank forms to be distributed among proper of- ficers by county superintendent, 726 books for, meeting of directors and teachers for se- lection of, 656,659,660,661,662 books, legal requirements for purchase of, see "books," 658 bonds, bona fide purchasers protected, 365 for increase of indebtedness, 356 illegality of assessment does not invalidate, 367 irregularly issued, recall of, 378 issued since i8th day of April, 1895, validated, 364 issuing new for old at another rate of interest, 362 of school district for damages for appropriation of lands, form of, 955 redeemed, may be, before or after maturity with consent of holders, 362 borough and township divided, procedure, 25 and township, when one district, 25 every borough a separate school district, 2 shall share in rights and liabilities of town- ships from which formed, 42 borrow money, interest, 346 building tax, not to be levied during division of township or school district or erection of a bor- ough, 416 changes in school districts, 20 children may attend higher grades in other dis- tricts, 273 city, every, a separate, 2 cities of first class, see "cities," - 757 of second class, see "cities," 757 of third class to constitute a separate school district, see "cities," 796 claims against, notice to persons having same, 48 classification of, 12 there is no constitutional objection to the classification of school districts, 813; note 2.2. composed of cities or boroughs, divided into wards, 4 compensation, cannot demand for real estate an- nexed to borough, 21 consolidated school districts, 4 GENERAL INDEX 579 (The references are to the Sections.) School Districts — Continued. to elect separate board of directors, 4 contract between school districts, 245 conveying children to or from school, not to be a party to, 239 contracts, how executed, 60 corporate bodies, 55 corporations, school districts are, liability, 64 creation of school districts, 2 debt, authorized by court of common pleas, 368 , deeds, execution, 60 to, form of, 954 detachment of lands from proceedings, 36 directors to establish schools, 195 disputes among directors or controllers, to be settled by superintendent of public instruction, 723 distinct, when a borough is formed of part of a township, 22 divided into wards, 4 division of, as affecting tax levy, 40 documents and valuable papers to be kept by sec- « retary of board and transmitted to successor in office, 141 election of directors, 78 employment of physician by school board, district not liable, 629 enlargement of, division of property, 30 estopped to deny statement to repudiate bonds, 365 evening schools, joint, 275 evidence for, 71 execution against, 65 on judgment against, procedure, 70 fines, under compulsory attendance law, disposition of' 535 first class, . 13 formation of new, division of property, 28 fourth class, 16 friendless child, duty of directors of, 218 high school, attending in another school district, 272 may be established in any district, 259 indebtedness, adjusting between, new and old dis- tricts, 350 adjusting court may pass upon the claims of third parties, 383 adjustment of, where new districts are formed, 380 580 GENERAL INDEX (The references are to the Sections.) School Districts — Continued, indebtedness, adjustment, township merged into borough, 380 annual statement of, legal requirements, filing, 358 annual tax to provide for payment in thirty- years, 355 apportionment between districts that have merged into one or more, 45, 380 bonds, bona fide purchasers protected, 366 calculating assets and liabilities to determine, 353 collection of, 49 court to make rules for collection and payment, 386 created by, without assent of electors, how to validate, 373, 375 election increasing, 359 how credited, 51 how to determine, lawful, 353 increase of, 356 illegality of assessments does not invalidate bonds, 367 injunction to restrain increase, 348 limitation, 347, 359 mandamus does not lie to compel directors to levy special tax to pay districts' indebtedness, 419 may increase to amount exceeding two per centum with assent of electors, 359 power of common pleas to adjust, 369 redeeming existing indebtedness, 363 statement of, to be published annually, 354 independent, abolished by act of general assembly, when act to take effect, 911,912 abolished, how, 10 assessors, duties of, 917 auditors, election of, 470 created by act of assembly, when they may be abolished, 924, 926 created by court of quarter sessions, when they may be abolished, 923, 924, 926 creation of, 6 decree erecting, court may vacate in certain cases, 922 directors, election of, 918, 925 elections in, regulated, 925 election of school directors, 88 elections, time and notice, 88 formation, policy of the law against, 930 GEINERAI, INDEX 581 (The references are to the Sections.) School Districts — Continued, independent, how they may be formed, 919 how property rights are determined when court refuses to continue, 913,914 , policy of the law against formation of, 9 proceedings, to continue, 912 proceedings upon erection of new, 920 property, revision of, upon abolition of, 926 report of commissioners in proceedings to erect, 915 reporting a new district, commissioners should annex draft, 916 treasurers' accounts, 157 when districts become such, 7 when district may become, 7 judgment against school district, 30 against, land taken for library purposes, 507 against, rendered by justice of peace, pro- cedure, ^^2 lease of house and lot to school district, form of, 953 legal process, service of, 61 liable for teacher's compensation for attending county institute, 646 liabilities of, 55, 75 libraries, see "libaries," 491 adjoining districts may join in establishing and maintaining free public libraries, 522 establishment of, 491 may establish and maintain free public li- braries, 501 library, distribution of among the various schools, 506 mandamus does not lie to compel directors to levy a special tax to pay districts' indebtedness, 419 meeting, annual of directors, compensation, 183 merged, adjustment of indebtedness, 380 adjustment of rights and liabilities, 45,380 merger of, rights and liabilities, 38 negligence, liability, 63 new, balance due to, for undue proportion of realty, 47 certification of, 39 directors, election of, 78 division of property upon formation, 26 when recognized independent, 7 when territory becomes part of, 2>7 582 GENERAL INDEX (The references are to the Sections.) School Districts — Continued. normal school districts, 828 not bodies corporate or politic, 629 order on treasurer, form of, 938 physician, employment of by school board, liabiUty under act 1899, 629 powers and liabilities, 55, 75 no, except statutory grant, 64 property conveyed by academy to, trustees, ap- pointment of, powers and duties, 905, 909 measure of value of, in adjusting indebtedness, 382 quasi corporations, 63 with limited powers, 629 real estate, may purchase, 56 receiver appointed, 50 residents, not entitled to free admission to schools of adjoining, 200 revenue, liquor license money payable to, 931 penalties recovered for trespass upon private property to be paid to school fund, 932, 933, 934 rights and liabilities ascertained, 42 second class, 14 schools for deaf mute children, expenses, 208, 209 separate, 2 single, creation, 4 state appropriation, orders for to be signed by su- perintendent of public instruction, 725 state appropriation forfeited for failure to report amount of salary paid teachers, 595 sue and be sued, may, 55 sub-districts, abolishment of, 267 sub-school districts of cities of second class, 790 suits against, record of, 73 suits by or against, management, 61 tax, annual, to be provided to pay indebtedness in thirty years, 355 of, to be received by treasurer, 147 taxables in, triennial enumeration, 41 taxes, additional assessment made of those moving into districts between last assessment and May first, 430 may extend aid to already established libraries, 513 teacher's compensation, while attending county in- stitute, school district liable for, 646 GENERAL INDEX 583 (The references are to the Sections.) School Districts — Continued. teachers of stenography and typewriting, may be employed, 593 third class, 15, 796 township, every township, a separate school dis- trict, 2 merged into one borough, 53 treasurer, bond of, form of, 939 order on, form of, 938 treasurer's remedy for erroneous surcharges, 163 ' trustee, appointment of, for property conveyed by academy to, 905 water supply, contract for, 337 witnesses, inhabitants, 7^ tuition, non-resident pupil, 246 Schools, Evening. admittance, 7^9 term, 274 School Fund. auditors' fine for neglect of duty, 485 fine of $300.00, failure to publish annual account, 480 School Furniture. payment of, ordinary school tax may be used for payment of occasional additions to furniture when there is no building tax or fund, 411 School Grounds. purchase of, special tax is authorized for the pur- chase of school grounds, ' 418 School Houses. borrow money, to erect, 346 burglary, breaking into at night, etc., 493 consolidated districts, 4 Cornplanter Indians, for, provision for erection of, 901 employees may be dismissed by directors for refus- ing to be vaccinated, 59^ erection, when court will enjoin, 349 erecting special tax authorized for purposes of erecting and furnishing buildings, 418 debts, surplus of ordinary school tax may be used for payment of debts for building purposes, 412 furnishing, special tax authorized for purchase of erecting and furnishing building, 418 584 . ge;nerai, index (The references are to the Sections.) School Houses — Continued. lease of building for, special building tax may be used for, 422 libraries, selection of, library purposes, 491 library, may be used for purposes of, 502 protection of, 325 repairs, ordinary school tax may be used for the payment of occasional repairs when there is no building tax or fund, 411 special building tax cannot be levied for or- dinary repairs, but see proviso, 421 taxation, school houses belonging to any county, borough or district are exempt from county, city, borough, road, school and poor tax, 407 uses, purposes for which it may be lawfully used, 609 Schools, Joint. see note. establishment of, 230 houses, building of, 231 School Laws and Decisions. copies for distribution, 736 to be placed bi-ennially in each public school, 735 Schools, Normal — See "normal schools." pupils, powers to expel, 296 Schools, Public High. admission to, 248 appropriations, annual, 262 attending from another school district, 272 borrowing money for, 258 branches to be taught, 251 buildings, 255 centralization, instruction, 271 courses, supervision of, by state superintendent of public instruction, 266 establishment of, 248 established, may be, in any school district, 259 evening, establishment, 278 examination for admission, 248 non-resident pupils, . 272 expenses, payment of, 253 grades of, 261 gi;ne;ral inde^x 5^5 (The references are to the Sections.) Schools, Public High — Continued. grounds, 255 joint high schools. 260 in boroughs, 247 in cities. 247 instruction, uniform course of, to be ] provided. 259 real estate, value, limit of. 254 renting, building for. 255 sites, how procured. 256 state aid, report to superintendent of public in- struction. 264 supervision over pupils, 265 over. 249 tax. 257 teachers, appointment of, 249 certificates. 252 dismissal. 249 employment of, 263 qualifications. 252 salaries of. 249 term, length of. 253 tuition, non-resident pupils, 272 School Supplies — See "books." agents for sale of, who cannot act as agents, mis- demeanor, punishment, 673 president of school board, unlawful to be interested in the furnishing of books or any other supplies, 674 purchase, 664 ordinary school tax may be used for the pay- ment of school supplies, 411 School Tax — ^See "building tax," "taxation," "tax col- lectors," 416,390,442,447 adjusted valaution, county commissioners to fur- nish to board of directors and controllers, 400 amount of tax and kind of taxables, 398, 399 school board to determine amount of tax an- nually, 391^393 annual meeting of tax collector and board of school directors and controllers to ascertain amount of unpaid taxes, 45^ assessment, additional assessment made of those moving into district between last assess- ment and first of May, 43° 586 GDNSRAL INDEX (The references are to the Sections.) School Tax — Continued. in independent school districts, 432- in new school districts, 431 of tax, 429 book of tax collector to be kept subject to inspec- tion, 442 building purposes, special, tax for, 413 tax to be kept separate from the ordinary- school tax, , 417 cities of third class, 434, 823 claims, how and when claims must be filed, 428 collection of taxes, in boroughs and townships, 435 election of tax collector in boroughs and town- ships, 435 in cities of the third class, shall be done by city treasurer, 820 duplicates, when duplicates shall be issued, 440 exonerations, 448 power to school boards to make exonerations, 410 fraudulent assessment, misdemeanor, 433 levy, special tax can only be levied when there is a levy for ordinary school purposes, for the same year, 414 time of making the levy, 394, 391 unpaid taxes, tax collector may levy upon goods for unpaid taxes, 444 libraries, purposes for, 425, 426 lien of taxes, 427 limitation, school tax limited, 401, 402 injunction, when collection of will be restrained, 423 ordinary school tax to be kept separate from the building tax, 417 payment of, days and times fixed for payment and receipt of taxes, 446 per capita tax of one dollar may be levied by di- rectors and controllers, 403, 405 public notice to be given and a reduction made for prompt payment, 443 purposes for which ordinary school tax may be used, 411,412 reduction to be made for prompt payment, notice to be given, 443 settlements, duty of tax collector to make settle- ments, 447, 449 settlement with tax collector, school directors are GKN^RAI, INDEX 587 (The references are to the Sections.) School Tax — Continued. personally liable if they make unlawful settle- ment with tax collector, 451 special tax, amount, the extent of a special tax in limited to amount not exceeding the regular annual tax for each year, 414 collection of special tax, 413 for building purposes, 413, 418, 420, 421, 422 purpose for which it may be used, 413,418,420,421,422 time of levy, 413 subjects not taxable, 407 surplus of ordinary school tax may be used for pay- ment of debts for building purposes, 412 taxables, kind of, 398 tax collector, compensation of tax collector, see "tax collector," 447 trust property, tax on, 408, 409 unpaid taxes, annual meeting of tax collector and board of school directors to ascertain amount of unpaid taxes, " 450 tax collector may imprison delinquent for un- paid taxes where there are no goods, /j /]/) collector may sue delinquent for recovery of unpaid taxes, 445 tax collector may levy upon goods for unpaid taxes, 444 School Term. days for improvement of teachers, 524 minimum, 523 president of board of directors to certify the whole number of months the schools have been kept open, 525 school month, 526 Seal. department of public instruction, use of, 728 directors, board of school, 60 Second Class School Districts, 14 Secretary — See "directors," "controllers." board of school directors, election, 121 qualify to, president, 118 school board, librarian, district libraries, 496 588 GKNKRAI, INDEJX (The references are to the Sections.) Secretary Pro Tempore. board of school directors, iSi Sectarianism. appearances of, to be avoided in public schools, 606 Bible is not a sectarianism, 610 Holy Scriptures, reading of, not sectarian instruc- tion, 610 school directors, neglecting or refusing to suspend teachers wearing any religious dress or emblem in public schools, guilty of misdemeanor, 608 teachers, dismissal of, for violation of law, 608 wearing of religious dress or emblem pro- hibited by law, 607 use of school houses, 609 Sectional School Boards. cities of first class, agents, 769 election, term, 762 organization, report, 'jdy powers and duties, "j^^ secretaries, 768 Security. superintendent of public instruction, security of, see "bonds," 722 Seminaries. taxation, certain seminaries are exempt from tax- ation, 407 Settlement — See "auditors," "taxation," "school tax." auditors', appeal from, 488 conclusive, unless appeal, 487 Sexton — See "janitors." school or Sunday-school, of penalty for failure to comply with public health act, 619, 620 Sites, School. bonds, issuing to purchase, 372 condemning land for, see "eminent domain," 304 county's land may be taken, 310 high school sites, how procured , 256 GEjNERAIv INDEX 589 (The references are to the Sections.) Sites, School — Continued. land belonging to county may be taken for educa- tional purposes, 310 occupy, power of directors to take ground for, 303 school sites, location of, 303 public burial places may be taken, 313 report of viewers, , 307 view, land taken for, time, notice, 303 Small-pox — See "vaccination," "public health." child residing in house in which any person is suffering from, not allowed to attend school, 611 duty of health authorities to furnish daily to per- sons in charge of schools, the names and lo- cation of persons suffering from, 618 of physicians to report to secretary of school board in townships, names and residences of persons afflicted, 623 Smull's Legislative Hand-Book. copies for distribution, 736 to be placed in each public school, 735 Societies, literary societies, 296 .Special Tax — See "school tax," "taxation." amount, the extent of a special tax in any year, is limited to amount not exceeding the regular an- nual tax for such year, 414 collection of special tax, 413 levy of special tax, 413 special tax can only be levied when there is a levy for ordinary school purposes for the same year, 414 misappropriation of may render directors person- ally liable, 424 purposes for which special tax is authorized, 418,420,421,422 for which special tax may be used, 413,418,420,421,422 State Appropriation. division of, upon formation of new district, 29 forfeit, failure to make annual report, 205 590 ge;ne;ral indsx (The references are to the Sections.) State Appropriation — Continued. forfeited, for failure to report salary paid teach- ers, 595 high schools, 262 normal schools, appropriation for, 865 distribution, 877 officers of institutions receiving state aid forbidden to furnish supplies, misdemeanor, 892, 893 order for, duty of superintendent to sign, 725 received by treasurers, school board, 147 withdrawn, certificate of president, condition of out-houses, 335,336 failure of president to certify, 335, 336 Statement. indebtedness, annual statement must show in de- tail, filing, 358 contents under act April 20, 1874, 358 statement of, for purpose of increasing, 356 statement of, to be published annually, 354 State Normal School — See "normal schools." State Librarian. supervision and inspection of free public libraries, 521 Stated Meeting. directors and controllers of, 169 Statutes — See "acts of assembly cited," page 463. act June 24, 1895, P. L. 259, is constitutional, 381 indebtedness, for increase of, construction of, 357 Stationery — See "books," "schools," "school supplies." payment of, ordinary school tax may be used for the payment of stationery for use of the school board, 411 Statutory. system of common schools is purely statutory, 241, i Stenographer — See "teachers." superintendent of public instruction authorized to employ, salary of, 734 ge;nerai, indi;x 591 (The references are to the Sections.) Stenography. teachers of, 593 Studies — See "branches." high school, grades, 261 Sub-school Districts. abolishment of, 267, 268 cities of second class, powers of directors, 790 Superintendent, District. in cities of first class, 770 Superintendent of Common Schools — See "superintend- ent of public instruction," "county superintend- ent," "city and borough superintendents," "super- vising principals," 718 certification of new school district, 39 taxable inhabitants, to receive certificate thereof from county commissioners, 41 Superintendent of Public Instruction. annual report to legislature, 727 appointment, 717, 718, 719 blank forms, duty to prepare and forward, ^2^) commission, required to issue, 697 controversies, to settle, 723 county superintendent has no authority to engage in profession of teaching for compensation and may be removed by superintendent of public instruction, 710 removal of, by superintendent of public in- struction, 710,714,715 creation of office, 717, 718 may administer oath of office to county super- intendent, 686 power to remove, 714, 729 vacancies in office of, be filled by superintend- ent of public instruction, 693 duty to provide a seal, 728 high school courses, supervision of, 266 Superintendent of Public Instruction. information, duty to give relative to school law, 724 relative to rights and duties of parents, guar- dians, pupils and others, duty to give, 724 592 GENERAL INDEX (The references are to the Sections.) Superintendent of Public Instruction — Continued. instruction, provide uniform course of, for high school, 259 normal schools, duty to advise, 861 notice of time and place of holding directors' tri- ennial convention to elect a county superin- tendent, duty to give, 687 permanent state teachers' certificates, power to annul, 580 to whom granted, 579 powers and duties, ^22 security to be furnished, 722 school board to report amount of salary paid teach- ers, _ _ ^ 595 laws and decisions to be bi-ennially placed in each public school, 735 state appropriation, to sign order for, 724 stenographer, to employ, salary of, 734 Smull's legislative hand-book to be placed in each public school, 735 summer assemblies, lecturers and instructors to be employed, 733 taxables, number of, to be reported by county com- missioners, 730 term of office, 717, 719 teacher's permanent certificates, issuing of, 575 vacancies, filling of, 720, 721 Superintendent of Schools — See "county superintend- ent," "city and borough superintendent," "super- vising principals." in cities of first class, powers and duties, 770 qualifications of applicants, 771 Supervising Principal. duty of supervising principal, 681 election of supervising principal, 680 qualifications of supervising principal, 680 removal of supervising principal, 681 townships having a population of over four thou- sand may elect a supervising principal of schools, 680 Suspension — See "pupils," teachers." pupils, by committee of board, 295 of pupils, 294, 295 high schools, from, 249 rEnerai, index 593 (The references are to the Sections.) Suits. corporate name of school districts, 6i by or against school districts, 6i record of, against school districts, 73 Suits in Equity. merged school districts, 45 Summer Assemblies. lecturers and instructors, 733 Summons. compulsory school law, form of summons, 962 service of, under compulsory school law, form of service, 963 in school district, 61 Sunday-school. superintendent of, penalty for failure to comply with public health acts, 619 vaccination, persons in charge, required to refuse admission of any child except upon a certificate signed by a physician, 613 System of Common Schools. special and statutory, 241, i Taxation— See ''tax collector," "school tax," "build- tax." amount, minutes of school board should show pro- ceedings and votes determining amount of /^^' , . 395, 396, 397 of tax, kmd of taxables, 398, 399 of tax, legal requirements as to determining tax, 293 school board to determine the amount of tax annually, 3C)i, 393 assessment, additional assessment made of those moving into district between last assess- ment and May ist, in each year, 430 in independent school districts, 432 in new districts, 4-^j of taxes in cities of third class, 434 bond of collector of school tax, form of, 940 594 GENERAiv inde;x (The references are to the Sections.) Taxation — Continued. book to be kept by tax collector subject to in- spection, 442 building purposes, special tax for building pur- poses, 413,418,420 tax, not to be levied during division of a town- ship or school district or erection of a bor- ough, 416 collection of per capita tax, 403, 405 of taxes in boroughs and townships, 435 collector in cities of third class, city treasurer, 820 of tax, settlement of accounts, 477 compensation of tax collector, 477 constitution provision, 390 duplicates, when duplicates shall be issued, 440 exonerations, 448 power of school boards to make, minutes, 410 fraudulent assessment of taxes, misdemeanor, 433 funds raised by, security for land taken for school sites, 303 in cities of third class, 823 indebtedness of school districts, 49 injunction, when collection of tax will be restrained, 423 levy for unpaid taxes, collector may levy upon goods for unpaid taxes, 444 minutes of school board should show resolu- tions and proceedings to levy, 395, 396, 397 not to be made by directors except by affirma- tive votes of majority, 396 of tax, time, 392 tax to be levied but once a year, 392 time of making, 394, 392 time of making the levy, 391 lien of taxes, 427 libraries, for free public, 503 library purposes for, 425, 426 limitation, school tax limited, 401,402 lien of taxes, when and how claims must be filed, 427, 428 meeting of school directors to determine amount of tax, 393, 395 minutes of school board must show proceedings and votes determining amount of school tax, 395> 396, 397 of board of school directors, 393, 395 GENKRAi, inde;x 595 (The references are to the Sections.) Taxation — Continued. misappropriation of special tax may render direc- tors personally liable, 424 oath of tax collector of school tax, form of, 941 payment of taxes, days and times fixed for pay- ment and receipt of taxes, 446 per capita tax of one dollar may be levied by di- rectors and controllers, 403 to be in lieu of occupation tax, 405 public notices to be given and a reduction made for prompt payment, 443 reduction to be made for prompt payment, public notice to be given, 443 school tax, purposes for which ordinary school tax may be used, 411,412 settlements, duty of tax collector to make settle- ments, 447 special levy, mandamus does not lie under act Feb. 28, 1835, to compel directors to levy a special tax to pay districts' indebtedness, 419 tax, amount, the extent of a special tax in any year is limited to amount not exceeding the regular annual tax for such year, 414 tax collection, 413 tax for building purpose, 413, 418, 420, 421, 422 tax, levy, can only be levied when there is a levy for ordinary school purposes, for the same year. 414 tax, levy of, time, 413 tax, purposes for which it may be used, 413,418,420,421,422 when ordered, 49 subjects not taxable, 407 tax collector, election of tax collector in boroughs and townships, 435 taxables, kind of, 398 list of, to be furnished by county commission- ers to board of school directors and control- lers, 400 triennial enumeration of taxables, 41 trust property, tax on, 408, 409 unpaid taxes, tax collector may sue delinquent for recovery of unpaid taxes, 445 use, surplus of ordinary school tax may be used for payment of debts for building purposes, 412 596 GE^NERAL INDSG (The references are to the Sections.) Taxation — Continued. valuation, last adjusted, to be procured from county commissioners by secretary of board of school directors, 138,400 warrant to collector of school tax, 942 Tax Collector. accounts, settlement of, 447 annual meeting of tax collector with board of school directors to ascertain amount of unpaid tax, 450 bond of tax collector, form of, 490 removal of bond, 436, 439 book to be kept open subject to inspection, 442 certificate to county commissioners of unpaid school tax on unseated lands, form of, 943 to prothonotary of unpaid balance due from collector, form of, 944 collection of special taxes, 50 compensation of tax collectors, 447 election of tax collector, 435 levy upon goods for unpaid taxes, 444 notice, tax collector to give public notice and make a reduction for prompt payment, 443 oath of tax collector, 439 form of, 941 powers and liabilities of tax collector, 441 receipt of taxes, days and times fixed for payment, 446 settlement, tax collector to make monthly payment of taxes collected to treasurer, 449 school directors are personally liable to school dis- trict for unlawful settlement with tax collector, 302,451 tmpaid taxes, annual meeting of tax collector and of school directors to ascertain amount of unpaid taxes, 450 imprisonment, tax collector may imprison de- linquent for unpaid taxes where there are no goods, 444 levy, tax collector may levy upon goods for un- paid taxes, 444 suits, tax collector may sue delinquent for re- covery of unpaid taxes, 445 vacancies, how filled, 437, 438 GENERAL INDEX 597 (The references are to the Sections.) Taxes — See "tax collector," "taxation," "school tax," "building tax." adjusted valuation to be furnished to board of di- rectors and controllers by county commission- ers, 400 amount for school purposes, taxables, 399 legal requirements as to determining, 393, 395 school board to determine amount of tax, an- nually, 391.393 annual, for payment of interest and indebtedness required by constitution, 355 meeting of tax collector and board of school directors and controllers to ascertain amount of unpaid taxes, 450 assessment, additional assessment made of those moving into district between the last assess- 'ment and first' of May in each year, 430 of taxes, 429 in independent school districts, 432 in new school districts, 431 of taxes in cities of third class, 434, 823 book to be kept by tax collector and subject to in- spection, 442 building purposes, special tax for, 413, 418, 420, 421, 422 tax, not to be levied during division of town- ship or school district or the erection of a borough, 416 tax, to be kept separate from the ordinary school tax, 417 claims, when and how claims must be filed, 428 collateral inheritance, gifts to public library free from, 504 collection restrained, when collection will be en- joined, 423 collector, accounts, settlement of, 478 of, election of tax collector in boroughs and townships, 435 collection of, high school, 257 of, in independent districts, 8 of taxes in boroughs and townships, 435 district, to be received by treasurer, 147 duplicates, when the duplicates shall be issued, 440 evening schools, 277 exonerations, 448 598 ge;ne;raIv index (The references are to the Sections.) Taxes — ^Continued. power of school boards to make exonerations, minutes, 410 fraudulent assessment, misdemeanor, 433 high school, 257 indebtedness, district to provide annual tax to pay principal and interest in thirty years, 355 levy, not more than once a year, 392 tax collector may levy upon goods for unpaid taxes, 444 time of making, 391, 394 when cannot be made, 40 libraries, purposes, 425, 426 school directors may extend aid to libraries al- ready established, 513 library, tax for support of, not an increase of in- debtedness, under constitution, 351 purposes, tax for, 501, 503, 522 lien of taxes, 427 limitation, school tax limited, " 401, 402 ordinary tax to be kept separate from building tax, 417 payment of, days and times fixed for payment and receipt of taxes, 446 per capita tax of one dollar may be levied by di- rectors and controllers, 403, 405 public notices to be given and a reduction made for prompt payment, 443 purposes for which ordinary school tax may be used, 411,412 reduction to be made for prompt payment, public notice to be given, 443 resolution, to pay annual, for support of library, 351 settlement by directors with collector, 302 settlements, duty of tax collector to make settle- ments, 447 special, collector of, duties, 50 tax, amount, the extent,of a special tax in any year is limited to amount not exceeding the regular annual tax for such year, 414 tax for building purposes, 413,418,420,421,422 tax, levy, can only be levied when there is a levy for ordinary school purposes for the same year, 414 surplus of ordinary school tax may be used for pay- ment of debts for building purposes, 412 GIJNSRAI, INDKX 599 (The references are to the Sections.) Taxes — Continued. subjects not taxable for school purposes, 407 tax collector, compensation of tax collector, 447 taxables, kind of, 398 trust property, tax on, 408, 409 uncollected tax of abolished school district, 20 unpaid taxes, annual meeting of tax collector and board of school directors to ascertain amount of unpaid taxes, 450 tax collector may imprison delinquent for un- paid taxes, where there are no goods, /]']/ [. tax collector may levy upon goods for unpaid taxes, / |/|/| tax collector may sue delinquent for recovery of unpaid tax, 445 Taxables — See "taxation." 390 county commissioners to report number of, to su- perintendent of public instruction, 730 exemption, subjects exempt, 407 subjects not taxable, 407 triennial enumeration for school purposes, 41,400 Taxpayer. suit by, to enjoin school director, 57 Teachers. absent pupils, duty to report, 542 admission of teachers from common schools to nor- mal schools, 846 agreement between teacher and directors, form of, 936 application for state normal diploma, forms of ap- plications, 951 appointment of, right of patrons to petition for or against, 594 athletics, 288 attendance at city or borough institute to be re- ported by superintendent to board of school attendance at county institute, penalty for non- . attendance, 644 at county institute to be reported by county superintendent to board of school directors, 651 report, form of, 959 blanks, health authorities to furnish certain forms, 617 calisthenics, examination in, 293 600 GENERAL INDEX (The references are to the Sections.) Teachers — Continued. certificate, annulled by county superintendent, no- tice, 703,704 countersigning by county superintendent, 702 for teaching in high schools, 252 not necessary for teachers of stenography and typewriting, 593 professional, to whom granted, 572 provisional, to whom granted, 571 "teachers' practical state certificate," form of, 952 when certificate shall not be granted, 705 compensation for attending county institute, 645, 646, 647, 648 competent, failure of school board to provide com- petent teachers, duty of county superintendent, 708 contract of employment, 578 corporal punishment, right to use, 602, 603 county institutes, penalty for non-attendance, 644 superintendent has no authority to engage in profession of teaching for compensation, re- moval from office, 710 cruelty, power of the school board to pass upon the charge of, 601 days for improvement of, 524 dismissal, 577 for disobedience, 598, 599 for disobedience of reasonable rules of school board, _ 598 for insubordination, 599 of, accused entitled to be heard, 596 of, for immorality, right to be heard, 596 of, for incompetency, 597 of, for refusing to be vaccinated, 598 distinction, unlawful to make of race or color on account, 198 election, 587, 589, 590 of certain grades of, for two or three years, 577 of, duty of directors to record vote, 591 of, holding "permanent certificates," 577 of, holding "professional certificates," " 577 employment of, in high schools, 263 of, under act June 25, 1895, 578 evening schools, employment of, 275 qualifications of, 276 examination for permanent certificates, 575 GENERAI, INDEX 6oi (The references are to the Sections.) Teachers — Continued. of, by county superintendent, 700, 701 expel pupils, power to, 296 government of schools, 603 high schools, appointment, 249 dismissal, 249 employ of, 252 qualifications, 252 salaries, 249 homes in, for friendless children, qualifications, etc., 220 ■ hygiene, examination in, 568 interstate committee, 582 institutes, for cities and boroughs, 652, 653 loco parentis, is in, when child is placed by parent or guardian in school, 602, 603 mechanic arts, 288 minutes of school board, employment of teacher, 591 monthly report, duty to make, 585 names of, to be sent to county superintendent by secretary of school board, 146 necessary, failure to elect, 188 ' office of, must be settled by quo warranto, 605 ofifenses of pupils out of school, 604 pay, failure, removal of director for, 189 permanent certificate, committee on, at city and borough institutes, 654 issued on recommendation of institute commit- tee, 576 to whom granted, 574 permanent state teachers' certificates, to whom granted, 579 physical culture, examination in, 293, 567, 568 private teacher, defined, 545 qualifications of, 567 removal by county superintendent, notice, 703, 704 of, for bad moral character, notice, • 704 report, duty to make monthly, 585 form of teacher's attendance report, 959 to, of children between ages of six and sixteen, form of report, 961 to make monthly to secretary of school board, 136 salary, minimum, 595 not entitled to recover for teaching on legal holidays, 528 order of, 136 602 GENERAI. INDEX (The references are to the Sections.) Teachers — Continued. ordinary school tax may be used for the pay- ment of teachers' salaries, 411 salary, payment of orders for, 150 stenography of, 593 school books, meeting with directors for selection, mandatory, 659, 663 meeting with directors for re-election of, 656,659,660,663 notice to, of joint meeting for selection of, 661, 662 object of meeting with board for selection of, 663 school directors, power over teachers, 586 typewriting of, 593 vaccination, right to exclude pupils for failure to be vaccinated, 614 women should not be excluded because of their sex, 519 Teachers' Institutes — ^See "county institutes," 641,651 see "city and borough institutes," 652, 655 Term. end of, books, monthly report to be deposited with secretary of board of school directors, 137 evening schools of, 274 high school, length of, 253 manual training, night school, 284 office of school director, commencement of, 124 expiration of, 125 school to be kept in operation, 187 Text Books— See "books," 656 agents for sale of, who cannot act as agents, mis- demeanor, punishment, 673, 674 Bible, reading of, in the public schools not sectarian instruction, 610 is not a sectarian book, 610 purchase, ordinary school tax may be used for the payment of school books, 411 teachers' monthly report of, 585 Tie Vote. decide, how to, lOl gsne;raiv inde;x 603 (The references are to the Sections.) Title. adverse possession, school board, 308 condemned land, for school sites, 308 director, school, how settled, 107 prescription, by school board, 308 Third Class School District, 15 Townships. a school district, 22 adjoining, establishing joint schools, 232 joint schools, ' 230 may establish joint high school, 260 annexation of land for educational purposes, 31 alterations of lines of adjoining, 31 alteration of township lines, effect, 20 auditor, incompatible with that of school director, 109 ineligible to office of school director, 490 compensation, 486 report of, 483 settlement of treasurer's account, 162 board of health in, power to make rules and regu- lations, 623 borough created, when no division is caused, 25 building tax, not to be levied during the division of a township or school district or erection of a bor- ough, 416 centralization of schools, 268 compensation, cannot demand from a borough school district for real estate annexed to borough, 21 for school property, lost by incorporation of borough, 44 distinct from borough, when not, 23 division from borough, procedure, 24 of, efifect of tax levy, 40 every, a separate school district, 2 health board of, school board to exercise powers of in townships, 623 high school, 267 indebtedness, collection- of, 49 how credited, 5^ joint high school, may be established by, adjoining, 260 libraries, may be established by adjoining, 515 merger of, into borough, 38 604 GENERAL INDEX (The references are to the Sections.) Townships — Continued. into borough, rights and liabilities, 38 merged into one borough school district, 53 nuisances, abatement of by school board, 624 office, school director, exempt from serving in, 108 part of, formed into a borough, residue remains a district as before, 22 physicians in, duty to report certain cases to sec- retary of school board, 623 portion annexed to borough, existing debt, appor- tionment, 38, 42, 380 sanitary agent, appointment of, form of petition, 625, 633 see "forms," 945 compensation, 625 school board, duties to make health regulations, 626 not required to act as board of health for a new • borough erected therefrom, 24 of, to exercise the power of board of health, 623 school directors may be compelled to organize as a board of health, 627 districts, claims against, 48 secretary of board of school directors, election, 121 suits against, record of, 73 superintendent of schools, election, 676 tax collector, election of tax collector in townships, 435 taxes, collection of taxes in township, 435 township, superintendent of schools, townships having a population of over five thousand may elect a superintendent of schools, 676 to elect separate assessors, 3 vaccination law applies to and is not limited to cities and boroughs, 621 water supply, contract for, 337 Township Superintendent of Schools — See "city and borough superintendents," "supervising princi- pals." Transportation. children, attending school, 234 contract, directors not to be parties to, 239 cost of, children attend school, 237 pupils, to central school, 267 to central school under centralization system, 271 GENERAL INDEX 6oS (The references are to the Sections.) Transportation of Pupils. cost of, 237 recovery for, 241 Treasurer — See "directors, board of school." accounts, settlement by auditors, appeal, 469 bond of treasurer of school district, form of, 939 city, when he becomes school treasurer, 184 county treasurer, accounts of county institutes to be filed in office of county treasurer, 649 contribution to county institute, 643 name and address of board of school directors to be sent to superintendent of public instruction, 134 order on school, form of, 93^ school, when city treasurer becomes, 184 third class cities, city treasurer, shall, ex-officio, be school treasurer, 818, 819 school accounts, auditors settlement conclusive un- less appeal, 4^7 auditors, presentation of claims, legal proofs of, 474 expenses, pupils attending joint schools, 238 tuition of pupils attending joint schools, 238 district account, settlement, 47^ Triennial Convention — See "convention ;" see "direc- tors, school." convention of, 684 directors expenses to be paid, misdemeanor for can- didate to pay directors' expenses, 711, 712 Truants. attendance officers, power of, 536 disposition of, 537 proceedings against for disorderly conduct, 540 special schools for, may be established, 539 Trust Property. tax on, 408, 409 Trustees. hold real estate for school purposes, 58 libraries, see "libaries," 519 conveyance by, 5^) 59 discharged, when may be, 5^ 6o6 GENERAL INDEX (The references are to the Sections.) Trustees — Continued. property conveyed by academy to common school district, account, 908 appointment of, 905 bond of, 907 duties, 906 removal of trustee, 909 Tuition. children admitted to schools of other districts, how- paid, 242 attending school in adjoining districts, how paid, 238 non-resident pupil attending high school, payment, 2^2 collection of, 246 payment of, 246 promise by non-resident parent to pay, 246 tuition in joint schools, how paid, 338 Typewriting, teachers of, 593 Typhus Fever. child residing in house in which any person is suf- fering from, not allowed to attend school, 611 duty of health authorities to furnish daily to per- sons in charge of schools, the names and lo- cation of persons suffering from, 618 of physicians to report to secretary of school board in townships, names and residences of persons afflicted, 623 Undertaker. penalty for failure to comply with public health acts, 619, 620 United States Flag. purchase of, by school board, 327 Universities. taxation — exempt from school tax, 407 Vacancies. appointment made by school board, term, 97 board of public education, of cities of first class, y^"^ GENERAL INDEX 607 (The references are to the Sections.) Vacancicb — Continued. county superintendent, how filled, 693 directors, school, power to declare, 171, 172, 173 election, at any, filling of, 92 resignation, without, 105 school board, filling thereof by the board, 96 filling unexpired term, 84 how filled, 80 school directors, when the board may fill, 94 superintendent of public instruction, in office of, 720, 721 tax collector, how vacancies are filled, 437, 438 Vacation. school books, use of during, 655 Vaccination. act June i8, 1895, P. L. 203, is constitutional, 622 borough, liability of for expenses incurred by local board of health, employing physician, 631 certificate of, must be presented by pupils, 616 dismissal of teacher for refusing to be vaccinated, 598 is a condition precedent to admission into the public schools, 616 janitors, dismissal of, for refusing to be vaccinated, 598 parents of a child who is refused admission to school because they cannot produce certificate of, are not liable to penalty of compulsory educa- tion law, 616 ph3^sicians' certificate of, form of, 958 or of small-pox under sec. 12, act June 18, 1895, see "forms," 615 principals required to refuse admission of children to schools except upon physician's certificate, 613 school directors, right of, to exclude pupils for failure to be vaccinated, 628 teachers, right of, to exclude pupils for failure to be, 614 townships, act June 18, 1895, relating to vaccina- tion of school children applies to, 621 Valuation. last adjusted, of taxables to be procured from county commissioners, 138 6oS GENERAL INDEX (The references are to the Sections.) Variola. child residing in house in which any person is suffering from, not allowed to attend school, 6il duty of health authorities to furnish daily to per- sons in charge of schools, the names and lo- cation of persons suffering from, 6i8 duty of physicians to report to secretary of school board in townships to report names and residences of persons afflicted, 623 Varioloid. child residing in house in which any person is suf- fering from, not allowed to attend school, 61 1 duty of health authorities to furnish daily to per- sons in charge of schools the names and lo- cation of persons suffering from, 618 of physicians to report to secretary of school board in townships names and residences of persons afflicted, 623 Ventilation- school houses, 321 View. burial places, condemning for school purposes, time, notice, 314 petition for appointment to annex land for educa- tional purposes, 33 school sites, time of holding, notices, 303 Viewers. appeal from award, land taken for library purposes, 510 appointment of, to condemn burial grounds, 314 to condemn land belonging to the county, 312 when land is taken for library purposes, 508 burial grounds, appeal from award of, 315 condemning, duty of, 314 compensation, land taken for library purposes, 512 condemning land, belonging to county, 312 jury of, school sites, 303 land belonging to county, duty of, 312 library, property taken for purposes of, notice of meeting, 5^8 meeting of, notice, view for library purposes, 508 GENERAL INDEX ' 609 (The references are to the Sections.) Viewers — Continued. report of, school site, ^07 school sites, appointment, oq? to annex land for educational purposes, report of, 31, 34 Visit. school directors duty of, 203 Visitation. high schools, 2i;o Visiting Schools. duties of county superintendent, 709 Votes. centralization, ^5g election of teachers, duty of school board to record, 591 tie, how to decide, joi loses the question, j^g Washington's Birthday— See "legal holidays," 527 Ward. directors, number of, may be increased to three for each ward, r efifect of change of residence, 105 election of, after decrease in number, loc three for each ward, ^ for school purposes in cities and boroughs, 4 residence, efifect of change of, 105 school directors, decreasing the number, 99 directors, three in each ward, 79 property owned by wards, 4 Warrant. collector of school tax, warrant to, form of warrant, 942 school warrant not negotiable, 299 Water. supply — contract for — term of contract, 337 Water Closets. directors, removal for failure to provide proper, 332 excrement and waste matter, duty of school direc- tors to remove, ^•74 6lO GENERAL INDEX (The references are to the Sections.) Water Closets — Continued. houses, must be separate, 333 number and arrangement for each school, 331 school directors, petition for removal of school di- rectors for failure to provide closets according to law, 950 Witnesses. auditors may compel the attendance of, 475 competency, taxpayers, etc., 71 Women. teachers, should not be excluded because of their sex, 592 school directors, eligible to office of, 103 Worship. taxation, places of stated worship are exempt from school tax, 407 Year, School. close of, president's duty, 132 Yellow Fever. child residing in hoi:se in which any person is suf- fering from, not allowed to attend school, 611 duty of health authorities to furnish daily to per- sons in charge of schools, names and loca- tion of persons suffering from, 618 of physicians to report to secretary of school board in townships, names and residences of persons afflicted, 623 NOV 24 1906 iSa K.'!^,"^ Z"" CONGRESS 020 312 296 2