LIBRARY OF CONGRESS. Shelf .--JAi I n UNITED STATES OF AMERICA. TO SCHOOL OFFICERS. The attention of County Superintend ents, School Boards, and Township Trustees, is called to the facts that this Com- pilation of the School Laws of Indiana contains all the Acts relating to Common Schools, in force April 1 6th, 1881 ; that they have been conveniently classified and arranged; and, that this edition is the only one supplied with a full ■and concise Analytical Index. INDIANAPOLIS JOUKNAL CO., Publishers. A COMPLETE COMPILATION School Laws of Indiana, ENACTED AND AMENDED TO APRIL 16, 1881; EXPLANATORY NOTES STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, FULL AND CONCISE ANALYTICAL INDEX, Prepared Expressly for this Edition by Geo. H, Fleming. INDIANAPOLIS: JOURNAL COMPANY, PUBLISHERS AND PRINTERS. 1881. .X-7 I S8I Entered'accordiug to Act of Congress, in the year 1881, I'v 0. H. Hassklma.n, in the office of Librarian of Congress, at Washington, I>. C. CLASSIFICATIONS. General Provisions . . . 1 — 5t Cities and Incorporated Towns 51 — 5$ Purdue University 56 - 5T Public Libraries . . . . , . . . . .57 — 63^ Real Estate, Appropriation of 65 School Buildings and Grounds 64 — 71 School Lands . . . . . 72 — 74 State Normal School ,75 — 78 Miscellaneous Laws » 78 — 80 AN ANALYTICAL INDEX. PREPARED EXPRESSLY FOR THIS EDITION BY GEO. H. FLEMING. Appeals— Controversies of a general nature, arising un- der the School Laws— Will lie from County Superintendents to State Superintendent of Public Instruction p 22, s 39 ; p 48, s 165. Scholars, Excl usion of refractory— Will lie from School Directors to Township Trustees p 19, s 32. School meetings, As to legality of — Will lie from Township Trustees to County Superin- tendents p 48, s 164. School-Houses, As to building, location, re- moval, and repair of — Will lie from Town- ship Trustees to County Superintendents p 48, s 164. Schools, As to establishment of — Will lie from Township Trustees to Covinty Superintend- ents p48, s 164. Teachers, As to dismissal or resignation of — Will lie from Township Trustees to County Superintendents p 48, s 164. Transfers of persons for school purposes — Will lie from Township Trustees to County Super- intendents p 48, s 164. AUDITORS. See County Auditors. AUDITOR OF STATE— With State Superintendent of Public Instruc- tion, at each of the two apportionments of the " School Revenue for Tuition," shall set- tle and adjust the State's indebtedness to the schools p 37, s 114. •Shall give warrants on the State Treasury to the several County Treasurers, at time of semi-annual settlements therewith, for the distributive share of the "School Revenue for Tuition" apportioned to the respective counties p 38, s 116. BIBLE— Shall not be excluded from Common Schools p 48, s 167 ; p 49, notes to see. 167. BOARDS OP EDUCATION. See County Boards of Education; State Board of Education. BOARDS OF SCHOOL COMMISSIONERS. See School Commissioners. BOARDS OF SCHOOL TRUSTEES. See School Trustees. BONDS. See Official Bonds; School Bonds. CITIES— Declared distinct municipal corporations for school purposes p 4, s 4. General school system for p 5, s o. General school system for cities of 30,000 or more inhabitants pp 51 to .54, ss 1 to 6. CITIES, continued. Public Libraries— How established, etc., by private enterprise pp 57 and 58, ss 1 to 12 • p 59, ss 2 to 6 ; pp 61 and 62, ss 1 to 4. iS«/«e. — How established, in connection with the Common Scliools, in cities of 10,000 and more inhabitants pp 60 and 61, ss 1 to 3. /Same.- Cities may become shareholders in such libraries, and may, annually, levy and collect a tax of not more than two mills on each dollar of taxable property in behalf of p 59, s 7. Same.. — Shares of stock in such libraries may be distributed by subscribing cities, as prizes to public school children p 59, s 8. /Same.— In event of dissolution or of the forfeit- ure of franchises, if owners of one-third of the stock, the property of such libraries shall merge in the contributing cities, and shall then become free to the public p 60, s 9. Same —In cities of 30,000 or more inhabitants, the levy on taxable property shall not exceed one-fifth of a mill on each %\ of valuation p 53, s 4, clause 3 ; p 56, s 3. Sawfi.— Where population of city is equal to 10,000, the levy on taxable property may be one-third of a mill on each %\ of valuation p61, s2. School Boards— Common Councils of cities shall elect one member of the Boards of School Trustees [aggregate number, three] at their first regular meeting in June, annually p 5, s 5. Same.— In cities of 30,000 or more inhabitants, one-third of the membership of Boards of School Commissioners (which shall be at least equal in numbers to the wards of such city in 1871) shall be elected by the voters thereof, on the second Saturday in June, annually pp 51 and 52, ss 1 and 2. Same.- The full tenure of office of each School Trustee or School Commissioner is three years p 5, s 5 ; p 52, s 3. Same. — School Trustees shall receive such com- pensation as the Common Councils shall deem just, and be paid out of the special school revenue of such municipalities p 5, s o. Same. — School Commissioners shall serve with- out any compensation whatever p 54, s 6. Same. — Cities may employ Superintendents for schools under their control ; in which cases, such schools shall be exempt from the super- vision of Countv Superintendents p 23 s39. School Bonds— May be issued by cities of 30, 000 or more inhabitants, in an amount not exceeding S100,0n0, to aid in the erection of school-houses p 53, s 4, clause 8. Same.— By Act of March 8, 1873, the aggregate of bonds to be issued by cities of less than 30,000 inhabitants, for the erection and completion of school-houses, for purchase of Vlll SCHOOL LAWS OF INDIANA. CITIES. CONTINUED. grounds and buildings for school purposes, and for the payment of indebtedness thus created, is limited to .<5.5'"i,000 p 64, s 1. Same. — By Act of March 3, IS", cities of 30,000 or more inhabitants may anticipate school revenue bv temporary loans p 55, si. Special School Taa'ks— Shall be levied an- nually by the School Boards of; and said levy shall not exceed the sum of 50 cents on each SlOO of taxable property and 51 on each taxable poll p If, s 12. Same. — By Act of March 9, 1867, aforesaid spe- cial tax is reduced to 25 cents on taxable property and to 25 cents ou taxable polls p "8, s 1 ; p 53, s 4, clause 2. Same. — By Act of March 8. 1873, additional special taxes of 50 cents on each ^100 of tax- able property and SI on each taxable poll are authorized, for the purpose of paying off the bonded indebtedness created for school pur- poses p 65, s 3. Same. — By Act of February 13, 1877, the annual levy on taxable property in cities having a voting population of over 16,000, is reduced to 20 cents or less on each SlOO p 55, s 3. CITY PUBLIC LIBRARIES. See Public Li- BRABIES. CITY SCHOOLS— Acts providing a general system of Common Schools in all cities of 30.000 or more inhab- itants pp 51 to 55. May be placed under the charge of a City Su- perintendent ; whereupon such schools shall be exempt from the supervision of County Superintendent p 23. s 39. Colored children — Separate schools may be or- ganized for p 51, s 3 CITY SCHOOL SUPERINTENDENTS. See School Supeeistendents. CITY SCHOOL TRUSTEES. See School Trus- tees. CIVIL TOWNSHIPS. .See Townships. COLORED CHILDREN— Shall be enumerated, and be entitled to school privileges p 11, s 14 : p .50, s 2. Separate schools for mav be organized p .51, s 3. May attend same schools vrith white children, if separate schools are not provided p 51, s 3. If fitted for higher grades than are afforded in separate schools, sliall be entitled to enter white schools of such grades p 51, s 3 COMMISSIONERS. See County Commission- ers ; School Commissioners. COMMON SCHOOL FUND. See School Funds. COMMON SCHOOLS— General Assembly shall provide a general and uniform system of p 1, Const, art. 8, s 1. Tuition in shall be without charge, and equally free to all p 1, Const, art. 8, s 1. County Superintendents shall have general supervision of all the schools in the counties of the State, with the exception of those located in cities which have Superintendents of their own pp 22 and 23, s 39. Teachers— Qualifications of p 20, s 34. Instruction given in, must be in the English language p 43, s 147. List of compulsorv studies to be taught in p 43, s 147. Glerman language mav be inrroduced into, hs a study p43^ sl47. COMMON SCHOOLS, continued. Other languages and branches of learning may be taught in p 43, s 147. Definitions — A school term of three months shall be sixty days ; a school month shall be twenty days; a school week shall be five days..'....p 47, s 163. White and colored children, between the ages of six and twenty-one years, exclusive of married persons, shall have the privilege of attending p 11, s 14; p 50, s 2. Special provisions as to colored ""hildren p 51, s 3 Refractory pupils may be excluded from a Distiict School by the School Director in charge thereof p 19, s 31. CONGRESSIONAL TOWNSHIPS— How enumerations of i^ersons of school age shall be taken and reported when such town- ship is located in two or more counties p 14, s 19 : p 73, s 2. Civil township lines shall be made to conform to lines of congressional townships as far as practicable p 43, s 148. CONGRESSIONAL TOWNSHIP SCHOOL FUND. See School Funds. CONGRESSIONAL TOWNSHIP SCHOOL LANDS. See School Lands. CONSTITUTIONAL PROVISIONS— Relative to free education pp 1 asd 2. CORPORATIONS— (See, also, School Corpora- tions. I General Assembly may assess taxes on prop- ertv of, for Common School purposes p 1, Const, art. 8> s 2 COUNTY auditors- School Funds— Duties and powers of, in re- lation thereto p 31, ss 75. 76, 80, 84 ; p 32, ss 86 to 88, 90, 91, 93; p 33, ss 94 to 97; p 34, ss99 to 101, and 103; p :3.5, sl07; p 37, s 112 ; p 44, ss 151 and 152 : pp 73-74, ss 2 to 6. 5ani#.— Shall receive the two per cent, dam- ages accruing on all sales for non-payment of loans, anl two per cent, on all loans for which the mortgaged pf'tuises are advertised but not sold p 35, s 107. Same. — " Shall be allowed one-fourth of one per cent, on all School Funds disbursed by said Auditor" p 35, foot-note. Congressional Township School Lands— Duties and powers at sales of p 28, ss 54 and 55 ; p 29, ss 56, 59, 60, 62, and 64 ; p 30, .ss 65, 68 to 73. County Superintendents— Duties and pow- ers of Auditors at elections of and subse- quent thereto pp 19 and 20, s 33. School Revenue for Tuition— Duties and powers of, in relation thereto p 36, ss 110 and 111; p 38, s 118. Same. — Penalty for failing to make the reptoris required by sections 110 and 111 — A diminu- tion of SKjO at next apportionment of proper county school revenue, to he recovered from Auditors in a suit brought within two years p 37, s 113. Special School Tax — Shall asses.*, etc., such tax when same is levied by proper school officers p 10, s 12. School Trustees — Duties and p^iwers in re- lation to p 6, s 6 ; p 16, ss 22 and 23 ; p 42, s 141. COUNTY BOARDS OF EDUCATION— County Superintendents, Township Trustees, and the chairmen of City and Town School Trustees shall constitute.'. ..p 25, s " e." Shall meet on the first days of May and Sep- tember, at the office o.' the County Superin- tendents p 25, s "e." ANALYTICAL INDEX. IX COUNTY BOARDS OF EDUCATION, con- tinued. County Superintendents shall preside over, and shall be entitled to vote on all questions brought be/ore p 25, s "e." Text-books adopted by, shall not be changed within six years of their adoption except by an unanimous vote of p 26, s " e." COUNTY rOMMISSIOXERS— Congressional Townships— Sliall conform civil township lines to, as far as practicable p 43, s 148. Congressional Townsliip School Fund — Duties in relation tliereto p 4, s 3 ; p 34, s 104; p 35, ss 105 and lOtt Congressional Township School Lands — May direct sale of, whf^n deraanded liy a majority of the voters in such township p 2S, s 54. County Superintendents — May dismiss such officers for immorality, incompetency, gene- ral neglect of duty, or acting as sales-agents for articles used in the public schools p 19, s 33. 5a»»e.— Shall make settlements with p 24. s43. Purdue University — May appoint and keep two students from each county p 56, s 1. School Funds and Revenues — Authorized and required to provide for deficiencies in p 4, 8 3. School Trustees — Duties and powers in relation to p 6, s 7 ; p 7, s 9 ; p 16, s 22. Township Trustees — Duties and powers in re- lation to p 7, s 9 ; p 42, s 141 ; p 43, ss 142 and 143. COUNTY LIBRARIES. See Public Ltbraries. COUNTY SUPERINTENDENTS— Appeals from —Shall lie to State Superintend- ent of Public Instruction p 22, s 39 ; p 48, s 165. Appeals to — From decisions of Township Trus- tees p 17, s 26 ; p 48, s 164. Election of— By Township Trustee?^, on first Monday in June, biennially p 19, s 33. Bond of— Penalty, §1000 p 19, s 33. Compensation of — S4 a day when officially em- ployed p 24, s 43. Removal of — Causes therefor, etc p 19, s 33. Vacancies in office of — Shall be filled at special election by Township Trustees p 20, s 33. Shall .serve as chairmen and be active mem- bers of County Boards of Education p 25, 8 "c." Shall have general superintendence of the common schools within the limits of their respective counties p 22, s 39. City schools which are supplied with their own Superintendents may be exempted from the supervision of p 23, s 39. Duties and PovyERS of— General p 22, ss 38 and 39. Same. — As to teachers in the Common Schools p 20, s 34 ; p 21, ss 36 to 38.' Same. — As to School Funds p 7, s 7, cl 4; p 24, s 42 ; p 25, ss " c " and " d." Same. — As to School Revenues p 7, s 7, cl 4; pll, s 13; p 24, s 42; p 25, 8S "c"and "d." Same. — As to School Trustees p 15, s 21 ; p 16, 8 22; p 23, s 40; p 42, s 141. Same. — As to transfers of persons for school purposes p 11, s 13; p 24, s 42. Same. — As to enumerations for school purposes p 14, ss 18 and 19 ; p 23, s 41 ; p 24, s 42. Same. — As to Teachers' Institutes p 47, ss 159 and 161. COUNTY TREASURERS— Fees for disbursements of School Funds and of Special School Taxes shall be one ^er cent. p35, sl07. COUNTY TREASURERS, continued. School Funds — Duties in relation to p 32,. ss 92 and 93 ; p 34, ss 100, 103, and 104 ; p 40,. s 127 ; p 54, s 5. School Lands — Duties at sales of p 28, s 54 ;. p 29, ss 56 and 64 ; p 30, s 69. Scliool Revenues — Duties in relation to p 38, ss 116 and 118 ; p 40, s 127 ; p 54, s 5. Special School Taxes — Duties in relation to p 11, s 13. Township School Library Taxes— Shall be paid by into State treasury p 41, s 133. DIRECTORS. See Scnooi. Directors. DISTRICTS. See School Districts. DISTRICT SCHO(jLS. See School Districts.. EDUCATION, B0.i.RnS OF. See County Boards of Education ; State Board oe" Education. ELECTIONS - Of Boards of School Commissioners for cities of 30,000 or more inhabitants— By qualified voters of school districts, on second Satur- day in June, annually pp 51 and 52, ss 1 and 2. Of Countjf Superintendents of Schools— By Township Trustees, on first Monday in June, biennially p 19, s 33. Of School Directors for School Districts— By voters of school districts, on first Saturday in October, annually p 16, s 25. Of School Trustees for cities of less than 30,000 inhabitants — By Common Councils, at their first regular meetings in June, annually p 5, s 5. Of School Trustees for Incorporated Towns — By Boards of Ti-ustecs, at. their first regular meetings in June, annually p 5, s 5. Of State Superintendent of Public Instruction —At the general (State) elecliun, biennially p .38, s 119. ENUMERATIONS— Of colored children — By the School Trustees, between March 1st and May 1st, annu- ally p II, B 14; p50, s2. Of white children — To be taken as above p 11, sl4. Of counties— To be reported by County Super- intendents to State Superintendent of Public Instruction, on or before May 15th, annu- ally p23, s 41. Of civil townships— To be taken by Township) Tru.«itees, and reported to County Superin- tendents, on or before May 1st, annuallv p 14, s 18. Of divided congressional townships — To be taken by the several Township Trustees, and reported to County Superintendent of the county where the Congressional Township [School] Fund is kept and managed, on or before May 1st, annually p 14, s 19. Of persons transferred for school purposes — How made and reported p 13, s 16 ; p 14, sl8. GERMAN LANGUAGE— Conditions under which it may be introduced' into the public schools p 43, s 147. GRADED SCHOOLS- Establifhment of p 8, s 10 and foot-notes;. p 53, s 4, clause 7. Establishment of Joint Graded Schools by the School Trustees of two or more distinct mu- nicipal corporations for school purposes p 10, s "b." INCORPORATED TOWNS. See Towns. 3: SCHOOL LAWS OF INDIANA. INSTITUTES. See Tbachkrs' Institui es. iiANDS. See School Lands. LIBRARIES. See Public Libkariks. .LICENSES. (See, also, Teachers.) (ri-anted for the sale of intoxicating liquors, shall be paid into the School Revenue for Tuition p 4, s 2. LOANS. See School Funds. MORTGAGES. See School Finds. NORMAL SCHOOL. See State Normal School. PRIVATE SCHOOLS— Unoccupied public school-houses may be used i>y, when application for such privilege is made by a majority of the patrons of such public school p 46, s 158. Teachers of must report certain facts to school (itficers in charge of the granted public i>roperty p 46, s 158. PUBLIC LIBRARIES— In Cities — Inhabitants must subscribe the sum of SoO, or upwards, before proceeding to organize p 57, s 1. Satiie. — Proceedings in organizing p u7, ss 2 a id 3. Snh.e. — Transcript of proceedings at meeting held for organization must be sworn or af- firmed to, and filed or recorded in County Recorder's office p 57, ss 4 and 5. Same. — Record of above mentioned transcript shall make such library a body corporate and politic p 57, s 6. Same. — Prohibited from doing the business of bankers and brokers p 58, s 7. . continued. In Incori'ORATKD Towns [Same regulations as are contain, d in ail but the last four pre- ceding provisions) pp57 and 58, ssl to 12. In Villages — (Same as last above) pp 57 and 58, ss 1 to 12. In Neighborhoods— (Same as above) pp 57 and 58, ss 1 to 12. In Tovtnships- State Board of Education shall direct what books shall be purchased for p 41, 3 132. Same., — No sectarian or strictly party work shall be admitted to p 41, s 132. Same. — Tax moneys for benefit of, shall be paid into State Treasury p 41, s 133. .' ame. — State Superintendent of Public In- struction shall superintend purchase of books for p 41, s 134. Same. — Books purchased for, shall be appor- tioned and distributed according to the school population of the townships p 41, s 135. ;&?«<".- Township Trustees shall have charge of p41, ss 136 and 137. Same. — Use of, shall be free to inhabitants of the townships p 42, ss 137 and 138. Same. — Library may be deposited at some cen- tral, eligible, and convenient place ; a libra- rian may be appointed ; and it shall be open without regard to school session, Sundays and holidays excepted p 42, ss 139 and 140 Same. — In any township where a free public library of the value of 81,000 or more, has been or shall be established by private doa:'.- tions, the Township Trustee shall ansually levy and collect not more than one cent on each SlOO of taxable property within said township, to be applied by the trustees of said library in the purchase of books there- for p 60, s 1. An Act lor the incorporation of public libra- ries, by not less than seven persons, for the general benefit and advantage of all the in- habitants of any city or county in this State pp 61 to 63, ss 1 to 5. PURDUE UNIVERSITY— Titles of Acts approved in 186") and 1869, under which this University was established p 56, foot-note. Each county is entitled to enter two students at p 56, s 1. County Commissioners to have the appointing power p 56, s i . Scholarship vacancies to be filled by County Commissioners, as thev may occur p 57, s2. Ordinary college expenses at, to be free p 56, s 1. REAL ESTATE, APPROPRIATION OF— Township Trustees or School Tiugtees are au- thorized and empowered to .select, to have appraised, and to appropriate by purchase, such real estate as may be necessary for school purposes p 63, ss 1 to 4. SCHOLARS. See Common Schools; District Schools ; Graded Schools. SCHOOL BOARDS. See School Commission- ers; School Trustees. SCHOOL bonds- Cities- Are authorized (by Act of March 3, 1871) to issue and sell bonds, to the aggregate SlOO, 000, payable within five years from (late, to aid in the erection of school-houses therein; interest on such bonds shall not be higher than ten per cent, per annum, and they shall not be sold for a less price than 95 cents on the dollar p 53, s 4, clause 8. Sam^e. — By Act of March 3, 1873, the aggregate of bonds to be issued for the erection and completion of school-house.s, the purchase of A X A I. YTIC A L I N D E X . SCHOOL BONDS, continued. grounds and buildings for school purposes, and for the payment of indebtedness thus created, is limited to 850,000, payable in one year or twenty years; and the minimum selling-price of such bonds is placed at 94 cents on the dollar p 64, s 1. Towns — Are authorized to issue and sell bonds for the several purposes and under the same regulations as last above mentioned p 64, si. Same.— By Act of February 25, 1875, the aggre- gate of bonds to be issued for the completion of any unfinished sehf»ol-house is limited to 810,000, payable in one year or ten vears p 67, s 1. Townships — Whenever a sum of money in excess of $10,000 shall be raised by gift or devise and by public subscription, for the purpose of erectiug a public-school building or seminary in any uuincorporatt'd town of this State, the Trustee of the township in which said town is situated, if so petitioned by a majority of the legal voters of said township, shall i~sue and sell bonds to the aggregate of $15,000, payable within seven vears, and bearing a rate of interest not higher than seven per cent, per annum, for the purpose of complying with the condition of such gift or devise p 69, s 1. SCHOOL BUILDINGS AND GROUNDS. See School Houses. SCHOOL COMMISSIONERS— School Boards of cities of 30,000 or more inhab- itants are styled " Boards of School Commis- sioners" pp 51 to 56. Such cities, when first coming under the oper- ations of this law, shall be divided into as many School Districts as there are wards therein, and one Commissioner shall be elec- ted by the legal voters of each of said School Districts p 51, s 1 ; p 52, s 2 School Districts may thereafter be increased in number, in which event the number of Commissioners shall be correspondingly in- creased p 52, s 2. Election of, shall be held on the second Satur- day in June, annually p 52, s 1. "Vacancies in the membership, occurring be- tween the dates of annual elections, shall be filled by ballot votes of the members of said Board p 52, s 3. Full official term of, three years ; at organiza- tion after first election one, two, and three years terms of office shall be equally dis- tributed among the membership, by lot p 52, s 3. Shall serve without any compensation what- ever p 54, s 6. General duties and powers of pp 53 and 54, s 4. Special School Taxes- Shall be levied by said Board [p 53, s 4, clause 2], be collected by City Treasurer, and by said officer paid, monthly, to the treasurer of said Board p 54, s 5. Same. - Levies for school purposes proper shall not exceed annually 50 cents on each $100 of taxable propertv p 53, s 4, clause 2. Same.— By Act of'February 13, 1877, this levy in cities bavins a voting population of over 16,000 is limited to an aggregate of 20 cents on each $100 of taxable property pp 55 and 56, s 3 Shall also make an annual levy of one-fifth of a mill on each $1 of taxable property, for the support of free libraries in connection with the Common Schools p 53, s 4, clause 3 May anticipate annual revenues of the city schools by temporary loans p 55, s 1. SCHOOL CORPORATIONS— Suits against, relative to p 43, ss 144 to 146. SCHOOL CORPORATIONS, continued Civil townships, incorpomted towns, and cities declared distinct municipal corporations for school purposes, with all franchises belonging thereto p 4, s 4. SCHOOL DIRECTORS- Shall be elected on first Saturday in October, annually, at a school meeting "held by the voters of each School District p 16, s 25. In case of failure to elect, the Township Trus- tee shall appoint a Director p 16, s 25. An appointed Director may be removed from office upon a petition of three-fourths of the voters of that School District p 16, s 25. Duties, etc., of p 18, s 29 ; p 19, ss 30, 31. Appeals will lie from decisions of, to Township Trustees p 19, s 32. SCHOOL DISTRICTS— Persons who shall select any particular school for educational purposes shall be considered as forming the school district of the school selected p 12, sl4. Persons listed for school purposes in cities and towns shall be considered as forming school districts separate and distinct from the townships in which they are situated p 12, s 14. Joint school districts — How formed and oper- ated pp 70 and 71, ss 1 and 2. School Meetings— Shall be held in each school district (other than those formed in cities and towns) on the first Saturday in October, annually, and at other times upon call of the School Director or of any five vo- ters of such district p 17, s 26. Same — All taxpayers (except women) attached to any school district shall be qualified voters at such school meetings p 17, s 26. Same. — At annual meeting shall elect a School Director for their school p 16, s 25. Same— May fill vacancies in office of School Director p 17, s 26. Same. — May determine the branches of study to be taught in p 17, s 26 ; p 21, s 35. Same. — May direct necessary repairs to their school-house p 17, s 26. Same. — May petition the Township Trustee for the removal of their school-house to a more convenient location, for the erection of a new one, or for the sale of the old one p 17, s 26. Sa7n,e. — May protest against the employment of, or petition for the dismissal of, any par- ticular teacher p 18, s 28. SCHOOL funds- Common School Fund— What it shall consist of p 1, Const, art. 8, s 2 ; p 3, S. L. s 2. Congressional Township School Fund— Shall constitute a part of the Common School Fund p 1, Const, art. 8, s 2. Same. — Shall be denominated, kept, managed, etc., as a separate and distinct fund p 3, S. L. s 2 and notes. Same.— "Where a congressional township is lo- cated in two or more counties, the fund ap- pertaining thereto shall be held in trust and managed by one certain County Superin- dent of Schools p 14, s 19 ; p 73 s 1. Same. — Each portion of a divided congressional township shall lie entitled to and be appor- tioned its share of fund p 24, s 42. Same. — Deferred payments for Congressional Townshl]! Lands shall be regarded as a part of p 28, s 55. Principals of funds shall remain as perpetual funds; may be increased, but shall neve* be diminished p 1, Const, art. 8, s 3; p 4, S. L. s2. Income thereof shall be inviolably appropri- ated to the support of Common Schools, and for no other purpose whatever p 1, Const. art. 8, s 3. Xll SCHOOL LAWS OF INDIANA. SCHOOL FUND.*, continued. Income thereof, witli other specified resources, shall be denominated the School Revenue for Tuition p 4, S. L. s 2. State shall safely invest portion of fund re- maining ill her possession, and distribute the interest received thereon to the i^roper coun- ties p 2, Const, art. 8, s. 4 State shall keep inviolate and faithfully apply those held by her in trust .... p 2, Const, art. 8, s7. Apportionment of interest thereon, if not de- manded, shall be reinve;ited for benefit of proper county p 2, Const, art. 8, s 5. Counties shall be liable for entrusted portions of funds and for the payment of the annual irterest thereon p 2, Const, art. 8, s 3: p 4, S. L. 8 3 Loans of — How made, secured, coll-^cted, etc. pp 30 to 32, ss 74 to 92. Same. — Not to exceed $1,000 to any person or corporation p 31, s 79. Same. — Shall not be made for a longer term than five years p 31, s 82. School-Fund Mortgages— Must be on realty valued at double the sum loaned thereon p31, s8o Same. — Additional regulations concerning pp ;a to 34, ss 8.5 to 101 ; p )9, s 1. .?«ni^.— Form of n .S2, s 89. -Same.— K< nil of mortgage notes p 32, s 90. Same — Hu» paymi nt of principal and interest upon shall be made p 32, s 92. Same.—}io^v satisfied p 32, s 9:-!. Same — Fees to be paid by mortgagor p 36, s 108. Unpaid School-Fund Mortgages— How sales of mortgaged lands shall be conducted p 33, ss 93 to 97. S, s "c." Sayne. — Shall be apportioned to the counties, by the State Superintendent of Public In- struction, on the fourth Monday in May and on the first day of January, annually p 36, 8 !0). iSame.— Preliminaries to foregoiog apportion- ments p 36, ss 110 and Ul ; p 37, s 114. Same. — Statements concerning apportionments shall be filed with the Auditor and Treas- urer of State and forwarded to the several counties p 37, sll5. Same. — How distributed to the counties p 38, ssli6 and 117 Same. — How distributed to the schools p 38, 3 118 Same. — Receipt and disbursement of, must be recorded and reported by School Trustees having custody and management of p 6, 3 7. .S«TOe.— Must not be expended for other pur- poses than tuition p 4, s 2 ; p 7, s 8 Sa7ne — Expenditure of must not anticipate its receipt p 7, s 8 Same. — Must be fully expended during the school year of its apportionment p 17, s26. Special School Revenue— Whence derived plO, 8 12; p 44, s 149. Same. — Receipt and disbursement of must be recorded and reported by School Trustees having custody and management of p 6, s7. Same — Superintendents of Schools for cities and incorporated towns shall be paid their salaries out of p 9, s " a." Same. — Surplus of, over current expenses, re- maining in hands of school officers of cities or incorporated towns having charge of this revenue, shall be paid Into municipal treai^- ury, but may only be used in paying ofT school bonds p 69, s 1. &>?i«.— Boards of School Commissioners of cities of 30,000 or more inhabitants may sup- ply deficiencies in, by temporary loans p 55, 8 1. ^SCHOOLS. Sie City Schools; Common Schools ; District Schools ; Graded Schools ; Private Schools ; Purdue Uni- versity ; State Normal School. SCHOOL SUPERINTENDENTS— (See, also. County School Superintendents.) School Trustees of cities and incorporated towns empowered to employ such officers p 9, 8 "a." Salaries of shall be paid out of special school revenue p 9, s " a." SCHOOL TAXES— Shall be levied without regard to race or color of owner of taxable property p 50, s 1. Regular — State levy ©n taxable property, 16 cents on each $100 p 3, s 1. State levy on each taxable poll, 50 cents p3, si. Common Councils of cities. Board of Trustees of towns, and Trustees of civil townships may levy, annually, a tax of 25 cents ou each SlOO of taxable property and 25 cents on each taxable poll for general school pur- poses p 78, s 1. Special — Township Trustees and Board of Trustees of incorporated towns and Common Councils of cities may levy, annually, 50 cents on each 1100 of taxable propei-ty and SI on each taxable poll, for use in construc- tion, furnishing, etc., of school-houses p 10, s 12. Same — Payment of foregoing tax may be made "in kind" p 10, s 12. (Same. — The assessment and collection of the taxes authorized by section 12 (p 10) shall be made and distributed by the proper county officers p 11, s 13 Sam^. — Persons transferred for school purposes shall pay the special school taxes levied for the benefit of such school district p 14, s 17. Sa-me. — For the payment of school bonds issued by cities and incorporated towns, an addi- tional special tax of 50 cents on each 8100 of taxable property and $1 on each taxable poll may be levied, etc., annually p 65, s 3; p 68, s 3. Saine. — In cities of 30,000 or more Inhabitants, additional special school taxes may be levied by Boards of School Commissioners p 53, s 4, cl 2 ; p 54, s 5. Same. — The taxes last above mentioned shall not exceed, annually, 25 cents on each 8100 of taxable property for school-house purposes, 25 cents on each 8100 of taxable property for salaries of teachers, and one-fifth of a mill on each dollar of taxable property for the use of free public libraries p 53, s4, clauses 2 ana 3. Same. — In cities having a voting population of over 16,000, the aggregate of the first two additional special taxes authorized last above is limited to 20 cents on each $100 of taxable property p 55, s 3. Sams. — In civil townships, an additional special school tax of 25 cents on each $100 of taxable property may be authorized by consent of the legal voters of such township, annually, for the purpose of discharging indebtedness aris- ing from the erection, etc., of school-houses p 68, s 1. SCHOOL TRUSTEES- OP Cities — Common Councils shall elect one School Trustee [aggregate number in such Board, three] at their first regular meeting in .lune, annually p 5, s 5. &!»;€.— Vacancies in said Bioard shall be filled, for the unexpired term, through an election, as in the first instance p 5, s 5. Same. — How and when organized p5, s 5. Sam^: — The three offices of President, Secretary and Treasurer shall be filled by the members of said Board, and each of said officers shall execute an official bond p 5, s 5. Same. — Comp'-nsation of, shall be sueh as Com- mon Councils may deem just, and said com- pensation shall be paid out of the special school revenue belonging to their cities p 6, 8 5. jSrtni«.— Duties and powers of, relative to school revenues apportioned to their cities pp 6 and 7, ss 7 and 8. 5aw<.— Shall make enumeration of children of school age between March Ist and May 1st, annually p 11, s 14. XIV SCHOOL LAWS OF 1N131AKA. SCHOOL TRUSTEES, contikued. Saiitf. — Shall have theuharge of iheedui>:ili(iii;U affairs, and the care and nianagt'iiieiu of all property used and employed for schoul pur- poses in iheir sities, except Congressional township school lands pp Sand 9, s 10; pp 64 to 66. Same. — Shall have the power to employ a Super- intendent for the schools und^-r their control, to pay his salary from tlie sp^ci il school ev enue, and to assign his duties p 9, s ''a." Same. — Shall have power to levy a special tax, not exceeding 50 cent-* on each SlOO of tax- able property and SI on each poll, fur the p:iyment of all necessary outlays and ex- penses on account of the schools, except tui- tion p 10, s 12. Same. — Shall make and report transfer of per- sons for school purposes p 13, S 16. Same — If transferred person shall default in payment of special school tax assessable against his property and poll, he shall be de- prived of school privileges, and due notice of such exclusion shall I'e given to Trustee of the township or School Tru.=;[ees of the city or town where the transfeiTed person resides p 14, sl7. Same. — Reports required from p 6, s 7 : p 13, S16; plo, s21. Same. -Penalties assessed against andrecovered from, for failure to make the reports indi- cated by above enumerated seciioris, for not discharging any official duty, and far failing to qualifv and serve p 16, ss 22 to 24 : p 23, s 40. " . Same. — Shall not employ teachers who are not provided with the proper State oj' eounty license p IS, s 2S. SaiiiP- — Hiairmen [Presidents] of sucli Boards shall be members of County Boards of Edu- cation p 2.5, s "e." Same. — Shall introduce the G"rnian language, as a branch of study, into any of the schools under their charge, when it is so demanded by the parent; or guardians of twenty-five or more children of such particular school or .schools .... p 43, s 147. .Same. — Shall make an annual levy, not exceed- ing 25 cents on each SlOO of taxable property and 25 cents on each taxable poll, for school purposes p 7S, s 1. ■Same. — [See "Colored Childrkn," on page viii of this Index.] .Same. — May .select, have appraised, and appro- priate by purchase, such real estate as may be necessarv for school purposes p 63, ss 1 to 4. SaOT€. — [See " Pcblic Liehariks." on page x of this Index ] ,Sa«ie.— Where jjopulation has reached 10,000 Inhabitants or upwards, may establish and regulate free public libraries in connection Tvith the Common Schools, and levy and col- lect a tax not exceeding one-third "of a mill on each SI of taxable property on city tax- duplicate, for the support and maintenance of such libraries pp 60 and 61, ss 1 and 2. Same. — May issue bonds to aggregate of §50,000, payable in one year or twenty years, on ac- count of school buUdings and grounds, and levy annually an additional special tax, not exceeding 50 cents on each SlOO of taxable property and SI on each taxable poll, to pro- vide for the payment of the principal and interest of such bonds i)P 64 to 66, ss 1 to 3. See, also. Act of March 20, 1879, p 66. Same. — When the purpose for which aforesaid bonds were issued and sold shall have been accomplished, the surplus money sbMll be paid into City Treasury, to aid in payment of such bonded indebtedness p 69, s 1. Sa ne.—[In cities of 30,f'00 inhabitants or up- wards, tlie title of Sch'ol Board is changed to Board of School Commissioners. For pow- SCHOUL TRUSTEES. tx)^■Tl^•UICD. ers and duties of such B lard, ^ee " School Commissioners," on page xi of this Index.] Of Incokpokated Towns— [All the forego- ing provisions, with the exception of the last four paragraphs, govern the School Boards of incorporated towns as well as those of cities.] Of Civil Towxships— All the dutieK and poWers of City and I'own School Trustees are vested in and" shall be discharged by Town- ship Trustees p 5, s 4. S OF EDUCATION— Governor, Superintendent of Public Instruc- tion, Pri sident of State University, Presi- dent of Purdue University Pi esident of State Normal School, and the Superintendents of Scliools in largest ciies in State, shall consti- tute p 44, s 1.53. f^uperintendetit of Public Insiruction shall be President of this Biard .... p 44, s 1-53. Secretaryship and Treasurership to be held by one member p 45, s 153. Records, etc., to be deposited in office of Su- perintendent of Public Instruction p 45, sl53. Seal of — description p 45, s 153. Duties and powers of p 41, ss 132 and 135 ; p 45, ss 154 and 155. May giant Teachers' licenses, authorizing em- ployment in any of the State schools p4o, s 155. May revoke Teachers' licenses by it granted p 45, s I'o. Fee for Teachers' licenses. So p 45, s 1.55. Compehsathm of members of, other than Gov- ernor and Superintendent of Public Instruc- tion— So /«-/■ /« and 5 cents mileage, when actually employed p 45, s 156. Other authorized expenditure-s bv p 46. s 1.56. Compensation of members and authorized ex- penditures to be paid out of special fund re- ceived for Teachers' licenses p45. s 156. Surplus of T-.-achers' license moneys to be used in purchasing suitable books for library of Superintendent of Public. Insiruction p 46. s 1.50 Boaid of Visitors to Slate Normal School {three in number) shall be composed of members of p76, sl4. Compensation of Board of Visitors — $5 pei- diem and traveling expt^nses, for services actually rendered p 77, s 14. STATE NORMAL SCHOOL— Established for tlie preparation of teachers for the Common Schools of Indiana p 75, s 1. Governor shall appoint, subject to the approval of the Senate, a Board of Trustees for p 75, s 2. Said Board shall consist of four competent per- sons; two of first incumbents shall remain in office for two years each, and the other two members for the full term of four years ; and subsequent appointments shall be' made biennially, for the full term of four years p 75, ss 2 and 3. St ite Superintendent of Public Instruction shall be, er officio, a member of said Board p75, s2." Compensation of members- S5 a day whei; actually employed, and traveling expenses p 77, s 16. Cities and powers of first Board ]ip 75 and 76. ss4 to 7. Said Board shall prescribe the course of study, elect the instructors and fix their salaries, and regulate the admission of pupils p 76. s 9. ANALYTICAL INDKX. STATE NORMAL SCHOOL, continued. A Model School, where advanced pupils shall be trained in the practice of organizing, teaching, and managing schools, shall be or- ganized in connection with the Normal School p 7G, s 8 Admission of pupils — Pre-requisite conditions p 71), s 10. Tuition in, shall be free to all residents of In- diana who may be admitted thereto p 76, sll. Christian morality shall be observed and in- culcated, but no religious sectarian teneis shall be taught p 76, s 12. Said Board shall make biennial reports to the General Assembly, and alternate reports to the Governor; what such reports shall con- tain p 76, s 13. A Board oi Visitors, consisting of three mem- bers of the State Board of Education, shall be chosen annually ; duties and compensa- tion of p 76, s 14. Normal School Fund shall consist of 815,000, taken out of State School Revenue in equal semi-annual installments p 77, s It, Certificates of proficiency and diplomas may be granted to pupils at p 77, s 2. Indebtedness existing in 1873 paid offby an appropriation p77, s 3. Certain current expenses to be met by an an- nual appropriation not exceeding $2,000 p77, s3. STATE PRISONS— Libraries equal to those distributed to the townships shall be allotted to each of the p41, sl35. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION— Elected biennially p 2, Const, art. 8, s 8 ; S. L. p 38, s 119. Term of office, two years p 2, Const, art. 8, s 8 ; S. L p 38, s 119. Commencement of official term, loth March succeeding election p 39, s 120 Duties and powers p 4, s 3 ; p 34, sl02; p 36, s 109 ; p 37, ss 114 and 115 ; p 38 ; s 117 ; pp 39 to 41, ss 121 to 130 and ss 134 and 135 ; p 77, s 15. President of State Board of Education p 44, sl58. Member of Board of Trustees of the State Normal School p 75, s 2. Appeals from decisions of County Superin- tendents will lie to p 27, s 39 ; p 48, s 165. See Treasurer of STATE TREASURER. State. SUPERINTENDENTS. See School Superin- tendents; State Superintendent of Public Instruction. TAXES. See School Taxes. TEACHERS— Must have license to teach p 18, s 28 ; p 20, s84. State Board of Education may grant licenses to, authorizing employment in any of the State schools p 45, s 155. State Board may revoke licenses granted to p 45, s 155.' Fee for licenses, granted by State Board, $5 p 45, s 155. Boards of City School Commissioners may grant licenses to p 53, s 4, clause 4. County Superintendents shall hold monthly public examinations of teachers for license p 21, s37. Of German language may be employed in any- public school, if demanded by the parents or guardians of twenty-five or more children attending thereat p43, s 147. TEACHER.'^, continued. Licenses granted by County Superintendents- may be renewed in sume county, after two successive years, without re-ex;tmiiiation of teacher p 21, s 34. Qualifications of p 20, s 34 Licenses may be revoked p 21, s 36. Dismissal of ; how made, and effect p 18, k 28 and notes. Reports required from teachers of public schools .. p 15, s 20. Penalty for not making the required report— 25 per cent, of compensation p 15, s 20. Reports required from teachers of private schools who may be allowed to use and occu- py public school buildings p 46, s 158. Employed in township schools must attend Teachers' Iustitutes....;.p 26, s "f." Aforesaid teachers shall forf-it a day's wages for each day's absence from Teachers' Insti- tutes, unless sickness shall be cause of such absence p 26, s 'f." Patrons of schools who shall upbraid or insult teachers shall be liable to a fine of not more than 125 p47, s 152. Reports required from teachers of private schools held in public school houses p 46, sl58. State Normal School— Object of, the pre- paration of teachers for the Common Schools of Indiana p 75, s 1 Same. — Pre-requisite conditions for admission to p76, sio. Same. — Certificates of proficiency and diplo- mas granted by shall be considered sufficient evidence of qualification to teach in any school in this State p 77, s 2. TEACHERS' INSTITUTES— In Counties — Shall be held anjiually p 47, sll. iSame.— Session shall be of five days duration p 47, s 159. (Same.- If the average attendance of teachers and of persons preparing to become such be twenty-five, the County Auditor shall diaw his warrant in favor of the County Superin- tendent in the sum of |35 ; and if such aver- age attendance be forty, the amount of said warrant shall be $50 ; to be used in defraying the expenses of the Institute p 47, s 159. 5a(He.— Schools of the county shall be closed during the session of p 47, s 160. In Townships — Shall be held at least one Sat- urday in each month; at the discretion of the Township Trustee, two Saturdays in each month may be appropriated p 26, s "f " Same. — Teachers in township schools shall lie compelled, by their contracts, to attend the full session of each Institute, or forfeit one day's wages for each day's absence there- from, except in eases of sickness p26, "f."' TEXT BOOKS— Used in city schools, shall be determined and fixed by the School Trustees or School Com- missioners having control of such schools p 25, s " e." Used in other than city schools, shall be de- termined and fixed by County Board of Ed- ucation p 25, s " e." Adopted by County Board of Education, shall not be changed within six years of such adop- tion, except by unanimous vote of such Board p 26, s "e." TOWNS— Declared distinct municipal corporations lor school purposes p 4, s 4. General school system for p 5, s 5. Public Libraries— How established, etc., by private enterprise pp57 and 58, ss 1 to 12 ,;, p 59, ss 2 to 6 ; pp 61 and 62, ss 1 to 4. School Boards [See School Trustees.] SVl SCHOOL LAWS OF INDIANA. TOWN SCHOOL SUPERINTENDENTS. School Supebintex dents. TOWN SCHOOL TRUSTEES. Trustees. See School TOWNSHIPS— Civil Townships are declared distinct munici- pal corporations for school purposes p 4, s4. Same. — Lines of shall be made to conform to lines of Congressional townships as far as practicable p 43, s 148. TOWNSHIP LIBEARIES. JtlES. See PfBLic LiBRA- TOWNSHIP SCHOOLS. See .School Districts ; Township Trustees. TOWNSHIP TRUSTEES— Shall be Trustee of all schools iu township, with the exception of those located in cities and incorporated towns p .^, s 4. Duties and powers of, as School Trustees [S,e under School Trustees, and on page xiv of this Index.] Duiies and powers of, as to public schools [See under School Districts, on p xi of this Index ] Duties and powers of, as to school property [See under School Houses, on p xii of this Index] Duties and powers of, concerning teachers [See under Teachers, on p xv of this Index.] Duties and powers of, as to Township Libra- ries [See Public Libraries, under sub- heading of "In Townships," on p x of this Index ] Shall have the care and management of the Congressional Township School Lands located in or attached to civil townships p9,s 10; p 26, ss 4t and 45 ; p 27, ss 46 to 53 ; p 28, s 65; p 30, s73; p 1-\ s 1. Shall make eauuierations of children of school .ige [See under " Enumerations," on p ix of this Index] St;i;i»tie:ii reports required from, concerning p l%.>ower of Township Trustees in incurring Debts, and requiring him to designate certain days for transacting Town- ship Business p 79. TRANSFERS FOR SCHOOL PURPOSES— How made ; tit'? etfect thereof; and reports of same pp 11 to 14, ss 13 to 17. TREASURER OF STATE— Schojl revenue for tuition ; how settleni with the counties p 38, ss 116 and 117; p 41, sl33. TREASURERS. See County Treasurers; Treasurer of State. TRUSTEES. See School Trustees; Town- ship Trustees. WOMEN— Of legal age, if possessing the qualifications required of men, mav be appointed or elected and serve in any office under the general or special school laws of the State p 79, s 1. Required to givn satislactory official bonds be- fore entering upon the duties of such offices p 79, s 2. CONSTITUTION OF INDIANA. [The following are the provisions of the Constitution relative to CcmmoEp Schools : ] ARTICLE VIII. — EDUCATION. Section 1. Knowledge and learniug generally diffused through- ©ut a community being essential to the preservation of a free gov- ernment, it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement, and to provide by law for a general and uniform sys- tem of common schools, wherein tuition shall be without charge and equally open to all. Sec. 2. The Common School Fund shall consist of the Con- gressional Township Fund, and the lands belonging thereto ; The Surplus Revenue Fund; The Saline Fund, and the lands belonging thereto; The Bank Tax Fund, and the Fund arising from the 114th sec- tion of the Charter of the State Bank of Indiana ; The fund to be derived from the sale of county seminaries, and the moneys and property heretofore held for such seminaries ; from the fines assessed for breaches of the penal laws of the State, and from all forfeitures which may accrue ; All lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance; All lands which have been or may hereafter be granted to the State when no special purpose is expressed in the grant, and the proceeds of the sales thereof, including the proceeds of the sales of" the swamp lands granted to the State of Indiana By the Act of Con- gress of the 28th of September, 1850, after deducting the expense of selecting and draining the same; Taxes on the property of corporations that may be assessed by the General Assembly for Common School purposes. Sec. 3. The principal of the Common School Fund shall remain a perpetual fund, which may be increased, but shall never be dimin- ished; and the income thereof shall be inviolably appropriated to- the support of Common Schools and to no other purpose whatever. 1 2 , CONSTITUTION OF INDIANA. Sec. 4. The General Assembly shall invest, in some safe and profitable manner, all such portions of the Common School Fund :as have not heretofore been entrusted to the several counties, and ;shall make provision, by law, for the distribution among the several •counties of the interest thereof. Sec. 5. If any county shall fail to demand its proportion of such interest, for Common School purposes, the same shall be reinvested ibr the benefit of such county. Sec. 6. The several counties shall be held liable for the pre- servation of so much of said fund as may be entrusted to them, and for the payment of the annual interest thereon. Sec. 7. All trust funds held by the State shall remain inviolate and be faithfully and exclusively applied, to the purposes for which the trust was created. Sec. 8. The General Assembly shall provide for the election, by the voters of the State, of a State Superintendent of Public In- struction, who shall hold his office for two years, and whose duties and compensation shall be prescribed by law. SCHOOL LAWS OF INDIANA. GENERAL PROVISIONS. [When not otherwise stated, the various sections of the following law were lenacted in 1865, under the following title :] "^'AN ACT to provide for a general aystem of Common Schools, the Officers thereof, and their respective Powers and Duties, and matters properly connected there- with ; and prescribing the Fees for certain Officers therein named ; and for the establishment and regulation of Township Libraries ; and to repeal all Laws -inconsistent therewith; providing Penalties therein prescribed," approved March 6, 1865. Section 1. Be it enacted by .the General Assembly of the State •of Indiana, That there shall be annually assessed and collected, as State and county revenues are assessed and collected, sixteen cents on each one hundred dollars of taxable property, real and personal, in the State, and fifty cents on each taxable poll, for the purpose of supporting a general system of Common Schools. Sec. 2. The funds heretofore known and designated as the Surplus Revenue Funds, all funds heretofore appropriated to Com- mon Schools, the Saline Fund, the Bank [tax] Fund, the fund which has been derived or may be derived from the sale of county semin- aries and the property belonging thereto, the moneys and property heretofore held for such seminaries, all fines assessed for breaches of 1;he penal laws of the State, all forfeitures which may accrue, all lands and other estate which shall escheat to the State for want of heirs or kindred entitled to the inheritance thereof, all lands which have been granted, or may be granted hereafter, to the State, when no special object is expressed in the grant, the proceeds of the sales •of the swamp lands granted to the State of Indiana by the Act of Congress of September, 1850, the taxes which may be assessed from time to time upon the property of corporations for Common School purposes, the fund arising from the 114th section of the -charter of the State Bank of Indiana, shall be denominated the Common School Fund ; and the fund derived from the sale of Con- gressional Township School Lands, and the unsold Congressional 4 SCHOOL LAWS OF INDIANA. Township School Land, at the reasonable value thereof, shall be denominated the "Congressional Township School Fund," and shall never be diminished in amount, the income of which, together with the taxes mentioned and specified in the first section of this Act, the money and income derived from licenses for the sale of intoxicating liquors, and unclaimed fees, as provided by law, shall be denom- inated the School Revenue for Tuition, the whole of which is hereby appropriated, and shall be applied exclusively to furnishing tuition to the Common Schools of the State, without any deduction for the expense of collection or disbursement. Note. — All the various funds mentioned in this section, with the exception ef the Congressional Township Fund, haye been both in law and in fact consolidated into one productive fund and denominated the Common School Fund. Money arising from the sale of estrays and property adrift is a part of the Common School Fund, and should be so reported by County Commissioners. The School Fund of Indiana is divided into two parts, Common and Congressional, and can not be consolidated without the consent of Congress. Such consolidation would greatly simplify the operations of the system. Sec. 3. The several counties of this State shall be held liable for the preservation of so much of said fund as is entrusted or may have been entrusted to them, and for the payment of the annual interest thereon, at the rate established by law, the payment of which interest shall be full and complete every year, and shall so appear in the Auditor's report to the Superintendent of Public Instruction ; and the said Superintendent shall, at any time, when he discovers, from the report, or otherwise, that there is a deficit in. the amount collected, for want of prompt collection, or otherwise,, direct the attention of the Board of County Commissioners and the County Auditor to the fact, and said Board of Commissioners are hereby authorized and required to provide for such deficit in their respective counties. Notes. — The provision of this section, that counties shall be liable for the preser- vation of the School Funds entrusted to them, and for the payment of the annual interest thereon, is copied almost verbatim from the Constitution, Art. 8, Sec. 6. The provision requiring the payment of interest to be full and complete every year, is intended to enforce this requirement of the Constitution. In some cases,^. the counties fail to make this complete annual payment, owing, no doubt, to the failure of the Commissioners to notice the provisions of this section, authorizing arid requiring them to provide for any deficiency. Particular attention is called to this matter,, with the suggestion to Commissioners that they make an annual appropriation to meet any delinquency in payment of interest, and that they require the Auditor and Treasurer promptly, as provided by law, to collect all delinquent school fund and interest by sale of the mortgaged premises. By this means, Commissioners will be able to meet the demands of the law, requiring the payment of interest to be full and complete every year, and to save their counties from even temporary inconvenience. All new loans, renewals, and old loans continued without renewal, must bear eight per cent interest from the 8th of March, 1873; and the annual settlement contemplated in this section between the diflerent counties and the office of Super- intendent of Public Instruction must be full and complete on the first day of Jan- aary in each year. Sec, 4'. Each civil township and each incorporated town or city in the several counties of the State is hereby declared a distinct municipal corporation for school purposes, by the name and style of GENERAL PROVISIONS. 5 the civil township, town, or city corporation respectively, and by such name may contract and be contracted with, sue and be sued in any court having competent jurisdiction; and the Trustee of such township, and the Trustees provided for in the next section of this Act, shall, for their township, town, or city, be School Trustees, and perform the duties of Clerk and Treasurer for school purposes. Notes. — Cities and incorporated towns are, for school purposes, distinct corpora- tions from the townships in which they are situated. The Township Trustee has, therefore, no authority to control the public schools of a city or town situated in his township. The failure of a town or city to organize for school purposes, as pro- vided in Sec. 5, does not authorize the Township Trustee to assume the manage- ment of schools in such city or town. School Trustees of cities and incorporated towns must reside in their respective towns and cities. When a town incorporates, it should appoint School Trustees immediately ; and when it incorporates subsequent to the time of taking the enumeration of the children and the levy of the special and local tuition taxes, the School Trustees and the Township Trustee should agree upon an equitable division of the revenues. The tuition revenue furnished by the State should be divided between the town and township in proportion to the number of schoolchildren in each, and the special and local tuition taxes should be divided in the ratio of their comparative wealth and poll. Sec. 5.*^ The Common Council of each city, and the Board of Trustees of each incorporated town of this State, shall, at their first regular meeting in the month of June, elect three School Trustees, who shall hold their office one, two, and three years respectively, as said Trustees shall determine by lot at the time of their organization; and annually thereafter shall elect one School Trustee, who shall hold his office for three years. Said Trustees shall constitute the School Board of the city or town ; and, before entering upon the duties of their office", shall take an oath faithfully to discharge the duties of the same. They shall meet within five days after their election, and organize by electing one of their number president, one secretary, and one treasurer. The treasurer, before entering upon the duties of his office, shall execute a bond, to the acceptance of the County Auditor, conditioned as in ordinary official bonds, with at least two sufficient freehold sureties, who shall not be members of said Board, in a sum not less than double the amount of money which may come into his hands, within any one year, by virtue of his office. The president and secretary shall each give bond with like sureties, to be approved by the County Auditor, in any sum not less than one-third of the treasurer's bor.d. All vacancies that may occur in said Board of School Trus- tees shall be filled by the Common Council of the city or Board of Trustees of the town, but such election to fill a vacancy shall only be for the unexpired term. The Board of School Trustees shall each year, within five days after the annual election of a member, re-organize their Board and execute their respective bonds for the ensuing year. Said Trustees shall receive for their services such ♦As amended March 8, 1873, and March 12, 1875. 6 SCHOOL LAWS OF INDIANA. compensation as the Common Council of the city or the Board of Trustees of the town may deem just, which compensation shall be paid from the special school revenue of the city or town. Sec. 6. The County Auditor, in fixing the penalty and approv- ing and accepting the bonds of any such Trustees, shall see to their sufficiency to secure the school revenues which may come into their hands, as well as the ordinary township or other revenues; and in case of a vacancy in the office of Trustee, the County Auditor shall appoint a person to fill the same, who shall take an oath and give bond as required in the last preceding section; and said Auditor shall report to the Superintendent of Public Instruction the name and post-office address of each Trustee. Note. — Concerning terms of office and vacancies, as contemplated in sections 5 and 6, it is held, First, that Trustees hold their office until their successors are elected and qualified. — (See Constitution, Art. 15, Sec. 3.) Second, that in case no election takes place at the time designated, no vacancy occurs, but the incumbent or incumbents continue in office. This latter has been decided by the Supreme Court, in words as follows : " When the term of an office is prescribed to be for a given term, and until the successor shall be elected and qualified, the officer holds after the expiration of the term, and until he is regularly superseded by the election of another in his place." — (Stewart and another vs. The State, 4 Ind., 396.) Sec. 7.* The School Trustees of every township, incorporated town, or city, shall receive the special school revenue belonging thereto, and the revenue for tuition which may be apportioned to his township, town, or city, by the State, for tuition or the common schools, and shall pay out the same for the purpose for which such revenues were collected and appropriated. Such Trustees shall keep accurate accounts of the receipts and expenditures of such revenues, and shall render to the County Commissioners, annually, on the first Monday after the second Tuesday in October, and as much oftener as they may require, a report thereof in writing, for the year then ending. Said Board of Commissioners shall hold a session on said Monday, to receive said reports. They shall clearly and separately state : First. The amount of special school revenue, and of school reve- nue for tuition, on hand at the commencement of the year then ending. Second. The amount of each kind of revenue received within the year, giving the amount of tuition revenue received at each semi- annual apportionment thereof. Third. The amount of each kind of revenue paid out and expended within the year. Fourth. The amount of each kind of revenue on hand at the date of said report, to be carried to the now [new] account, and shall, with said report, present and file a detailed account-current of the receipts and payments for the year, and support the same by proper vouchers, which report and account-current shall each be duly veri- ♦As amended March 8, 1873. GENEEAL PEOVISIONS. T fied by affidavit; and when the said County Commissioners are- satisfied that said report is full, accurate, and right in all respects, and that said account is just and true, they shall allow and pass the same, which shall have the effect to credit the Trustee for the expend- itures. A copy of said report, as passed and allowed by the County Commissioners, shall, within ten days after its date, be filed by the Trustee with the County Superintendent of the county. And upon failure of the Trustee to discharge any of the duties required of him, relative to schools and school revenues, the Board of County Commissioners shall cause suit to be instituted against him, on his official bond, and, in case of recovery against him, the court render- ing the judgment shall assess upon the amount thereof ten per cent, damages, to be included in said judgment. Notes. — Trustees should keep separate accounts of the Special School Ke venue and Common School Eevenue for Tuition. These accounts should be kept in a sub- stantially bound book, and should show the date and amount of each receipt ox~ expenditure of such revenues, the name of the person of whom received, or t6 whom paid, and, in case of a payment, the purpose for which it was made, and the num- ber of the voucher taken for such payment. Were accounts thus kept, and the books containing them delivered by each Trustee to his successor in office, the diffi- culty which now exists of ascertaining the exact annual expenditure of school rev- enues would not exist. County Superintendents are advised to inspect the accounts of Trustees (see Sec 141), and secure, as far as practicable, conformity to the above suggestions. Sec. 8. The Trustees shall keep a record of their proceedings: relative to the schools, including all orders and allowances on account thereof; including, also, accounts of all receipts and expendi- tures of school revenue, distinguishing between the special school revenue belonging to their township, town, or city, and the school revenue for tuition which belongs to the State, and by it appor- tioned to their township, town, or city, which said revenue for tuition they shall not permit to be expended for any other purpose,, nor even for that purpose in advance of its apportionment to their respective corporations. Notes. — A Township Board can speak only by its record. — (Commissioners Fay- ette County vs. Chitwood, 8 Ind., 504.) If this decision is applicable under the present system of one Trustee to each: township (and it is presumed to be applicable, the language of the present law being- almost identical with that of the statute under which the decision was made), then, it is not only proper, but necessary, that the Trustee should record every official act he performs ; otherwise there would be a lack of essential evidence of such act, if denial of its performance be made. For convenience, the Trustee should record his proceedings relative to schools in a separate book kept for that purpose. The Supreme Court in the case of " Harney vs. Wooden, and another," has deci- ded as follows in reference to anticipating the school revenues : "It plainly appears that the only portion of the School Fund which the School Trustees may not, by the express provisions of the law, expend in anticipation, is that which must be appor- tioned. The reason for this restriction is equally clear. Until the apportionment is made, the amount due lo the district can not, with any accuracy, be determined. But this is not so with the special school tax levied by the township, and therefore no such limitation of power is imposed." — (30 Ind., 178.) Sec. 9. The Township Trustees and the School Trustees of incorporated towns and cities shall, immediately after their annual. ^ SCHOOL LAWS OF INDIANA. settlements with the County Commissioners, in March [October], make a full statement of all their receipts and expenditures, for the year preceding, relative to their schools. Note. — Section 11 of an A.ct for the more uniform method of doing township business provides that within ten days after his annual report to the County Com- missioners, in March, the Trustee shall publish the same by posting up a certified copy thereof at the place or places of holding elections. Section 9 of the School Law requires that a full statement of the receipts and expenditures relative to schools shall be made, by which it is probably intended that separate reports relative to receipts and expenditures of school revenue shall be published at the same time, and in like manner. Publication in a newspaper, when practicable, would be preferable. The publication provided for in this section will be made immediately after the report to the County Commissioners in October, as provided for in section 7. Sec. 10. The Trustees shall take charge of the educational affairs of their respective townships, towns, and cities; employ teachers; and shall establish and locate, conveniently, a sufficient number of schools for the education of the white children therein ; and build, or otherwise provide, suitable houses, furniture, apparatus, and ■other articles and educational appliances necessary for the thorough organization and efficient management of said schools. They may also establish graded schools, or such modifications of them as may foe practicable ; and provide for admission into the higher depart- ments of the graded school, from the primary schools of their townships, such pupils as are sufficiently advanced for such admis- sion. They shall have the care and management of all property, real and personal, belonging to their respective corporations for Common School purposes, except the Congressional Township School Lands, which lands shall be under the care and management of the Trustee of the civil township to which such lands belong. Notes. — The provisions of this section are so broad that it seems necessary to call attention to several points : 1. Buks and Regulations. — This section authorizes Trustees to make and enforce, or cause to be enforced, all rules and regulations for the management of the schools, not transcending the provisions of the law. Though not expressed, this power clearly belongs to the Trustee, and should be properly exercised in every school, the voice of individuals or school meetings to the contrary notwithstanding. Anything less than this will not meet the requirements of the law, nor secure the highest efficiency of the schools The above statements are not to be so construed as to deny the rights of the teacher to make rules. The teacher may, indeed must, make some rules, but these rules must be in harmony with the rules of the Trustee. Teachers and Trustees should iully understand one another in this important and often delicate matter; and, so far as practicable, all important rules should receive a joint approval. If, however, a Trustee shall decline or neglect to prescribe any regulations, then it is his duty to assign that work to the teacher, and explicitly inform the teacher of the fact. There should be no loose inferences or conjectures at this point. Each party should know his exact duty, and aim at a strict discharge of the same. 2. Graded /Schools. — The law clearly authorizes the establishment of graded achools, but leaves the Trustee to determine what a graded school is, when it m needed and where it must be located, also many other details. Concerning these, it may be remarked : 1st, That a graded school is a school in Tvhich the pupils are plactsd in different rooms and under different teachers, accord- ing to advancement. Consequently, the greater the number of rooms and teachera >■ GENERAL PROVISIONS. 9 ' for any given school, the more favorable the means for perfect grading. From this it will be seen that a graded school, as contemplated in the above section, can not exist with less than two teachers. With one, the school may be classified, but not graded. Trustees will, therefore, have regard to this element when they put up buildings designed for graded schools. 2d, As to the time when a graded school should be established for any given township, no definite directions can be given. There are too many local elements to admit of any special directions. It is, how ever, safe to say that whenever there are pupils in the township whose advancement is such that the district schools can not furnish them instruction, at that moment begins the need of a township graded school, furnishing instruction of a higher grade. The Trustee mu^, however, be satisfied that the number of such pupils is sufficient ■ to justify the establishment of such a school before providing the same. 3d, As to place, I would suggest that, whenever practicable, the township graded school should be established in connection with a district school, thus economizing in building, perhaps in teaching, also furnishing the means of a more thorough grading in at least one primary school in the township. It is suggested, further, that a village, ; if centrally located, is usually a favorable place for the township school. .3. Gave of School Property. — This section very explicitly commits the care and management of all school property to School and Township Trustees. I respect- fully suggest the following, among other means, tending to the preservation of this property : 1st. In employing teachers, the Trustee should bind them by contract to a strict care of all school property under their charge. (Teachers can do much in this matter by direct supervision, and perhaps more by the inculcation of proper sentiments in the minds of their pupils.) 2d. Sec. 30 of the law provides that the Director shall, under the general order and concurrence of the Trustee, take charge of the school-house and the property belonging thereto. This may be made an effi- cient means in the preservation of this property. To this end, however, the Trustee and Director should distinctly understand each other, each knowing definitely the portion of this work which falls to him. This can only be done by conference ; hence it is suggested that Trustees occasionally call the Directors together for con- sultation on this and other school matters. This done, each officer will understand the exact duties assigned him, and, it is hoped, will hold himself responsible for the prompt and full discharge of the same, especially so in reference to the care and preservation of school property. 4. Congressional Linis. — Congressional Township School Lands are under the ' care and management of the School Trustee of the civil township to which they belong. When a congressional township is divided by a civil township line, the lands are under the care of the Trustee of the civil township in which they are sit- uated. When the lands themselves are divided by a county or civil township line, or when other lands have been substituted for the sixteenth section, the voters of the congressional township shall designate the Trustee whom they wish to have charge of the lands, said Trustee being the Trustee of one of the civil townships in which a portion of the land lies. 5. Supreme Court Deci-dons. — It is for the Trustees to determine when school- iiouses are necessary and convenient. — (Custer vs. Brownsville Township, 10 Ind., 461.) The action of the Trustee in such cases is subject to appeal to the County Super- lintendent, whose decision is final. It would appear from the decision of an analogous question, in the case of the State vs. Custer, 11 Ind., 210, that if a Trustee refuse to comply with the decisions of ■ the County Superintendent in case of an appeal, when the decision of that officer is final, a mandamus is the proper means to compel compliance. .Supplemental Section. Sec. a.* The School Trustees of incorporated towns and cities r shall have power to employ a Superintendent for their schools, whose salary shall be paid from the special school revenue, and to prescribe his duties and to direct the discharge of the same. ♦Approved March 8, 1873. 10 SCHOOL LAWS OF INDIANA. Note. — The efficiency of the schools in cities and towns will be greatly promo- ted by the employment of skillful Superintendents. Suppleme'ritcd Section. Sec. b.* The School Trustees of two or more distinct municipal corporations for school purposes shall have power to establish joint- graded schools, or such modifications of them as may be practicable^ and provide for their admission into the higher departments of their- graded schools from the primary schools of their corporations such pupils as are sufficiently advanced for such admission. Said Trustees shall have the care and management of such graded schools, and they shall select the teachers therefor. They shall have power to purchase suitable grounds for such graded schools and erect suitable- buildings thereon, and the title to all such property acquired for- such purposes shall vest jointly in the corporations establishing^ the graded schools. Note. — A municipal corporation for school purposes is defined in section 4 of the Act of 1865, approved March 6. Sec. 11. All schools in a township shall be taught an equal length of time, as nearly as the same can be done, without regard to the diversity in the number of pupils at the several schools, or the cost of the school ; and each of said schools shall be numbered, by the proper Trustee as School No. — . Note. — The Trustee should not make a division of the revenues to the districts-- of his township, to be expended by them. The schools should be equal, not in the amount of money expended upon them, but in the number of days taught. Sec. 12.t The Trustees of the several townships, towns, and cities, shall have the power to levy a special tax, in their respective- townships, towns, or cities, for the construction, renting, or repairing; of school-houses ; providing furniture, school apparatus, and fuel therefor; and for the payment of other necessary expenses of the school, except tuition; but no tax shall exceed the sum of fifty cents on each one hundred dollars' worth of taxable property and one dollar on each poll, in any one year, and the income from said tax shall be denominated the special school revenue. And any tax- payer who may choose to pay to the Treasurer of the township, town^. or city wherein said taxpayer has property liable to taxation, any- amount of money, or furnish building material for the construction of school-houses, or furniture or fuel therefor, shall be entitled to a receipt therefor from the Tru.stee of said township, town, or city^. which shall exempt such taxpayer from any further taxes for said purposes, until the taxes of said taxpayer, levied for such purposes, would, if not thus paid, amount to the sum or value of the materials so furnished, or amount so paid: Provided, That said building materials, or furniture and fuel, shall be received at the option of said Trustee. ♦Approved March 8, 1873. ■fAs amended M;arch 8, 1873. GENERAL PROVISIONS. 11- NoTES. — The power to levy a special school tax must be exercised strictly within the statutory limits. — (Eose vs. Bath Township, 10 Ind., 18.) _ The power of Trustees to levy a special school tax is not now, as it was formerly, subject to the control of County Commissioners. Trustees are authorized, but not required, to receive donations of money or material for building or furnishing school-houses, or of fuel for the use of schools. Such a donation being received, the Trustee can not refuse to receipt therefor, as provided in this section, unless by express waiver of receipt. Sec. 13. The County Auditor shall, upon the property and polls liable to taxation for State and county purposes, make the proper assessments of special school tax levied by the Trustee, in the same manner as for State and county revenue, and shall set down the amount of said tax on his tax list and duplicate thereof, as other taxes are set down, in appropriate columns ; and he shall extend said assessment to the taxable property of the person transferred, which is situated in the township, town, or city to which the transfer is made, and to the property and poll of the person transferred, situate in the township, town, or city in which the person taxed resides, according to the rate and levy thereof in the township, town, or city to which the transfer is made, and for its use ; and said tax shall be collected by the County Treasurer as other taxes are collected, and shall be paid, when collected, to the Treasurer for school purposes of the proper township, town, or city, upon the warrant of the County Auditor. And to enable County Auditors correctly to assess said tax, the School Examiners [County Superintendents] of the several counties shall, at the time they make out and report to the Auditor the basis of the apportionment of School Revenue for Tuition, as required by section 42 of this Act, make out and report to said Auditor a statement of transfers which have been made for school purposes according to sections 14 and 16 of this Act. JNoTES. — When persons are transferred for school purposes, their property- situate in the township in which they reside is subject to a special school tax in the township to which they are transferred, and exempt from such tax in the township in which it is situate. The additional labor required of the Auditor by a transfer is simply to enter the- name of the party transferred and the value of his property situate in the township- in which he resides upon the tax duplicate of the township to which the transfer is- made, and assess upon such property the proper special school tax. All other- property of the party transferred is subject to special school tax in the township- where it is situate. County Superintendents, in making the statement of transfers required by this^ section, should state distinctly the names of the parties transferred, the township in which each resides, and the township to which transferred. Nothing'short of this will enable the Auditor properly to assess the special school tax required. Sec. 14.* The Trustees of the several townships, towns, and cities, shall, between the first of March and the first of May in eack year, make an enumeration of the children, white and colored,,, within their respective townships, towns, and cities, between the ages of six and twenty-one years, exclusive of married persons; and in making said enumeration, the Trustees shall distinguish be- •Ab amended March 8, 1873. 12 SCHOOL, LAWS OF INDIANA. tween the white and colored children, enumerating them in separate lists, and shall list the names of parents, guardians, or heads of families, male and female, having charge of such children ; and opposite each name, in appropriate columns, he shall enter the whole number of such children in charge of the person so named, speci- fying particularly, the number of males, the number of females, the number of the school to which such person is attached for school purposes, and the number and initials which designate the congress- ional township in which such person resides, including in said list and enumeration, the names of such persons as have been trans- ferred to his township, town, or city, from other townships, towns, or cities, and the enumeration of their children; and excluding therefrom the names and number of children of such persons as have been transferred from his township, town, or city, to other townships, towns, or cities. And each Township Trustee, upon making the first enumeration after the taking effect of this Act, shall inquire of each person whose name he so lists, to which school he or she desires to be attached ; and such persons, upon making their -selection, shall be considered as forming the school-district of the :school selected, and none shall be allowed thereafter to attach them- selves to, or have the privilege of, any other school but by the con- sent of the Trustee, for good cause shown. And at subsequent enumerations, the same inquiry shall be made by the Trustee of the parent, guardian, or head of family, having charge of children between the ages aforesaid, whose residence has been changed, or whose children have become subject to be enumerated for the first lime since the last enumeration. And in case a change in the loca- tion of a school in the township has been made since the last enu- meration, the Trustee shall make the same inquiry of the persons, whose school privileges are affected by such change. But such -inquiries need not be made by the Trustee of incorporated towns and cities when they take their enumerations. The persons listed in each of such towns and cities shall be considered as forming but single school-districts therein, distinct from the townships in which they are situated. ?^ Notes. — While this section declares that the privileges of the school shall be limited to such persons as were attached to the school at the time of the enumera- tion, it must not be so construed as to exclude persons who move into a district after the enumeration. Such a construction would, in many cases, work serious detriment. The children who reside, or are domiciled in the township in which the enumer- ation is made, are alone entitled to the benefit of the common schools therein estab- lished.— (Wheeler and others vs. Burrows, 18 Ind., 15.) As a general rule, the domicile of a minor not emancipated Ls that of his parents. — {Ibid.) In this case, the infant, whose right came in question, had her domicile without the State ; but the doctrine of the case seems broad enough to have excluded her from the schools, ■had her domicile been in another township of this State than that in which she claimed the right to attend school. Trustees, in taking the enumeration contemplated in this section, need not inquire .Qf parents, guardians, or heads of families, previously listed, to which school they ^desire to send, but only of those not heretofore listed, or who have changed resi- GEIiTEIlAL PROVISIONS. 13 debeeg sinfee the last enumeration, or ■whose school privileges have been aflfected hj a change in the location of a school. Sec. 15. Repealed by Act approved March 8, 1873. Sec. 16. When persons can be better accommodated at the school of an adjoining township, or of any incorporated town or city, the Trustee of the town or city in which such persons reside, shall, if such person so request, at the time of making the enumeration, transfer them, for educational purposes, to such township, town, or city, and notify the Trustee of such transfer; which notice shall furnish the enumeration of the children of the persons so transferred.. And each Trustee shall, with his report of the enumeration, report distinctly the persons transferred to his township, town, or city, for school purposes ; indicating in said report the number of children in charge of the persons transferred, with the same particularity that is observed in the enumeration. Notes. — The notice of transfers must furnish' the enumeration of the children of the persons transferred. Such notice, therefore, must show the name of the party transferred, the number of children in his charge, distinguishing between male and female ; also designating hj number and range the congressional town- ship in which such party resides. The law authorizes transfers only at the time of the enumeration. Notice of transfers should be given before the first day of May, in order that the Trustee may be able to include the names of parties transferred in his list and enumeration, as required by section 14. For the convenience of the County Superintendent, each Trustee should, at the time of making his report of enumeration, make a separate report of all transfers to his township with the same particularity required in taking the enumeration. " The right to be transferred is not absolute, depending upon the choice of the citizen, like the right to be attached to any school in his township. It can only be claimed if he ' can be better accommodated '" by such transfer ; and the power of the Trustee to make the transfer depends upon the existence of that condition. Of necessity, then, he must determine whether or not the condition exists, and act upon such determination. But his decision is not final. Section 164 of the Act expressly provides for an appeal to the Examiner from all decisions of the Trustee relative to school matters ; and for the purpose of preventing, as far as can be, vexatious litigation, provides that the decision of the Examiner shall be final as to certain matters, among which is enumerated 'transfers of persons for school purposes.'" — Fogle, Trustee of Springfield Township, Franklin county, vs. Gray, 26 Ind., 345. Sec. 17. Each person so transferred for educational purposes to a township, town, or city, in an adjoining county, shall, annually, pay to the Treasurer of such township, town, or city (when a tax is levied therein for the purposes aforesaid), a sum equal to the tax levied, computing the same upon the property and poll, liable to tax, of such persons in the township, towuj or city where he resides, according to the valuation thereof, by the proper Assessor; and in default of such payment, shall be debarred from educational privi- leges in the township, town, or city where he resides, according to the valuation thereof by the proper Assessor; and, in default of such payment, shall be debarred from educational privileges in the township, town, or city, in which he resides, of [by] such exclusion ;. which payment shall release his property frorn^ special school tax in the township in which he resides. 14 SCHOOL LAWS OF INDIANA. \_The preceding section tvas intended to read as follows c^ Sec. 17. Each person so transferred for educational purposes to a township, ^town, or city, in an adjoining county, shall, annually, pay to the Treasurer of such township, town, or city (when a tax is levied therein for the purposes aforesaid) a sum equal to the tax levied, computing the same upon the property and poll, liable to tax, of such persons in the township, town, or city where he resides, according to the valuation thereof by the proper Assessor; which payment shall release his property from special school tax in the township in which he resides; and, in default of such payment, shall be debarred from educational privileges in the township, town, or city to which he may have been transferred; and the Trustee thereof shall notify the Trustee of the township, town, or city in which he (the person transferred) resides, of such exclusion.] Notes. — Applies to transfers from one county to another, only. In such a case, the Auditor of the county to which the transfer is made, can not assess the proper special school tax against the party transferred, as he is not in possession of " the valuation of the property of such persen as made by the proper Assessor." The party transferred should present to the Trustee of the township to which he is transferred satisfactory evidence as to the valuation of the property on which he should pay tax. This tax is collected, not by the County Treasurer, but by the treasurer of the school corporation to which the transfer is made. Sec. 18.* Each Trustee shall, on or before the first day of May, annually, report to and file with the County Superintendent of the proper county a copy of his said list and enumeration, with his affidavit endorsed thereon, to the effect that the same is, to the best of his knowledge and belief, full and accurate, and that the enumer- ation does not include persons who are less than six nor more than twenty-one years of age. Sec. 19. When a congressional township is located in two or more counties, the proper Trustee for each portion thereof in the several counties shall report, at the same time and in like manner as provided in the last preceding section, to the County Superin- tendent of the county in which the Congressional Township Fund of such township is held in trust and managed. Notes. — The Trustee of a civil township which includes part of a congressional township whose fund is managed in another county, is required to make two reports of the enumeration of such part of a congressional township ; one (which may be in- cluded in the report of the enumeration of the civil township) to the County Super- intendent of his own county; the other to the County Superintendent of the county in which the fund of such congressional township is managed. This is designed to furnish the County Superintendent the data requisite to make the basis of distribu- tion of the revenue of such congressional township to the several parts thereof. Auditors' reports to this oflBce indicate that Trustees frequently omit or neglect to make the latter of the two above named reports, and, consequently, that these parts of townships lose their portion of the congressional township revenue. •As amended March 8, 1873. GENERAL PROVISIONS. 15 Sec. 20. To enable the Trustees to make reports which are required of them by this Act, the teacher of each school, whether in township, town, or city, shall, at the expiration of the term of the school for which such teacher shall have been employed, furnish a complete report to the proper Trustee, verified by affidavit, showing the length of the school term, in days ; the number of teachers em- ployed, male and female, and their daily compensation; the number ■of pupils admitted during the term, distinguishing between males and females, and between the ages of six and twenty-one years; the average attendance; books used and branches taught, and ^he num- ber of pupils engaged in the study of each branch ; and, until such report shall have been so filed, such Trustee shall not pay more than seventy-five per cent, of the wages of such teacher, for his or her services. Sec. 21.* The Trustees of each township, town, or city shall, annually, on the first day of September, report and furnish to the County Superintendent the statistical information obtained from teachers of the schools of their respective townships, towns, or cities, and embody in a tabular form the following additional items: The number of districts; schools taught and their grades; teachers, male and female; average compensation of each grade; balance of tuition revenue on hand at the commencement of the current year; amount received -during the year from the County Treasurer, and amount expended within the year for tuition, and balance on hand ; length of school taught within the year, in days; school-houses erected during the year, the cost of the same, the number and kind before erected, and the estimated value thereof and of all other school property; number volumes in the library, and the number taken out during the year ending the first day of September, also the number of volumes added thereto; assessment on each one hundred dollars of taxable property, and [on] each poll of special tax for school- house erection, and amount of such levy; balance of special school revenue on hand at the commencement of the current year; amount received during the year from the County Treasurer ; the amount of said revenue expended during the year, and balance on hand; the number of acres of unsold congressional school lands, the value thereof, and the income therefrom; together with such other infor- mation as may be called for by the County Superintendent and 1 Superintendent of Public Instruction. Notes. — The report required by this section must be full and correct, otherwise the Trustee is liable to a penalty of $25. — (See sec. 22.) Trustees should be fully advised as to their liabilities in this respect ; and County Superintendents should require them, under the prescribed penalty, to pre- sent correct reports, as provided by law. County Superintendents, in receiving reports from Trastees, should see that such reports are consistent, and, as far as possible, accurate. No report should be received if known to be faulty in either of these points. To require correct reports is not only the right, but the duty, of the County Superintendents. *As amended March 8, 1373. 16 SCHOOL LAWS OF INDIANA, Sec. 22. On failure of any Trustee to make either the statistical report required by the last preceding section of this Act, or the report of the enumeration required by the sixteenth section of this Act, or the report of finances required by the seventh section of this Act, to the School Examiner [County Superintendent], at the time,, and in the manner specified for each of said reports, the School Examiner [County Superintendent] to whom such report is due shall, within one week of the time the next semi-annual apportion- ment is to be made by the Auditor of his county, notify said Audi- tor, in writing, of any such failure; and the Auditor shall diminish the apportionment of said township, town, or city by the sum of ' twenty-five dollars, and withhold from the delinquent Trustee the warrant for the money apportioned to his township, town, or city,. until such delinquent report is duly made and filed. For said twenty-five dollars, and any additional damages which the town- ship, town, or city may sustain, by reason of stopping said money,- said Trustee shall be liable on his bond, for which the County Com- missioners may sue. Note. — As these reports of the Trustees are very important the County Super* intendents and Auditors should execute this section of the law to the letter. Sec. 23. If a Trustee shall fail to discharge any of the duties of his office relative to the schools, any person may maintain an action against him for every such oflfense, in the name of the State of Indiana, and may recover for the use of the Common School Fund any sum not exceeding ten dollars; which sum, when collected, shall be paid into the county treasury, and added by the County Auditor to said fund, and reported accordingly. Sec. 24. Any person elected or appointed such Trustee, who shall fail to qualify and serve as such, shall pay the sum of five dollars, to be recovered as specified in the preceding section for the use therein named, and in like manner added to said fund, unless such person shall have previously served as such Trustee. Sec. 25. The voters, as defined in sections 14, 15, and 16 [and 26] of this Act, shall meet annually on the first Saturday in October, and elect one of their number Director of such school; who shall, before entering upon duty, take an oath faithfully to discharge the same. The Director so elected shall, within ten days after said election, notify the Trustee of his election; and, in case of failure to elect, the Trustee shall forthwith appoint a Director of said school. But any Director so appointed may be removed, upon a petition of three-fourths of the persons attached to said school who are entitled to vote at school meetings. Notes. — Notice of the annual school meeting should be given as provided in section 26 for other school meetings. All tax-payers of the district and persons transferred for school purposes- are voters at school meetings, except married women and minors, ■ (See sections 16 and 26.) The School Director votes as any other member of the school meeting, and not otherwise. GENEEAL PEOVISIONS. 17 Sec. 26.* The voters at school meetings may hold other school meetings at any time^ upon the call of the Director or any five voters. Five days' notice shall be given of such meeting, by post- ing notices in five public places in the vicinity ; but no meeting shall be illegal for want of such notice, in the absence of fraud ; and the legality of such proceedings, if called in question, shall be deter- mined by the Trustee of the township, subject to an appeal to the County Superintendent, whose decision shall be final. Such school meetings shall have power to determine what branches, in addition to those mentioned, in section 34 of this Act, they desire shall be taught in such school, and the time at [for] which such school shall be taught: Provided, howeve7', That the tuition revenue apportioned to the school, shall be expended within the school year for which it was apportioned : And Provided, further, That such school year shall begin the first Monday of July. Such school meetings shall likewise have the power to fill vacancies that may occur in the office of Director; to direct such repairs as they may deem necessary in their school-house; to petition the Township Trustee for the removal of their school-house to a more convenient location ; for the erection of a new one, or the sale of an old one, and the lands belonging thereto, and upon any other subject connected therewith;; and at such meetings all taxpayers of the district shall be entitled] to vote, except married women and minors; Provided, That noth- ing herein contained shall prevent the Trustee from exercising a sound discretion as to the propriety or expediency of making such repairs, removing or erecting school-houses, and the cost thereof. Notes. — School Meetings. — Five days' notice, as here required, should never,, ■when practicable, be omitted. A meeting may be legal without such notice. The action of a school meeting, with reference to the erection, repair, or removal of a school-house, etc. , has only the force of a request ; therefore never binds the Trustee to any course of action. School meetings are not authorized to designate or employ teachers, or determine the wages at which they shall be employed. Under the provisions of the Common School Law of March 11, 1861 (almost identical with the provisions of the present school law), the inhabitants, or any por- tion of them, may petition the Trustee for the location of an additional school dis- trict or the erection of a school-house ; and if the prayer of their petition is refused by him, they may appeal to the County Superintendent ; and if he reverse the deci- sion of the Trustee, it will be the duty of the latter to grant the prayer of said petition ; and if he still refuse, he may be compelled to do so by mandate. — (Trager, Trustee, vs. State ex rel. Goudie, 21 Ind., 317.) The inhabitants of a school township, at their regular school meeting, have a right "to memorialize in reference to the removal or erection of school-houses, and upon any other subject connected with their school township." But that right is not, by the statute, made exclusive ; and hence the Trustee may, in our opinion, legally act upon a petition presented to him by persons who are inhabitants of the school township, though it did not originate at such regular meetings. — {Ibid.} Sec. 27. When such meetings shall petition the Trustee in regard to repairs, removal, or erection of a school-house, they shall ♦As amended March 8, 1873. 2 18 SCHOOL LAWS OF INDIANA. also furnish to such Trustee au estimate of the probable cost of such repair, removal, or erection. Sec. 28. Trustees shall employ no person to teach in any of the Common Schools of the State, unless such person shall have a license to teach, issued from the proper State or county authority, and in full fjrce at the date of the employment. And any teacher who shall commence teaching any such school without a license, shall forfeit all claim to compensation out of the school revenue for tuition for the time he or she teaches without such license ; and if a teacher's license shall expire by its own limitation within a term of employment, such expiration shall not have the eifect to stop the school or stop the teacher's pay. And the said Trustee shall not employ any teacher whom a majority of those entitled to vote at school meetings have decided, at any regular school meeting, they do not wish employed ; and at any time after the commencement of any school, if a majority of such voters petition such Trustee that they wish the teacher thereof dismissed, such Trustee shall dismiss such teacher, but only upon due notice, and upon good cause shown ; but such teacher shall be entitled to pay for services rendered. Notes. — The statute expressly prohibits the employment of a teacher having no certificate of qualification. The officer having authority to employ the teacher can not nullify this law. It was intended, by the requirement of a certificate of qualifi- cation, to guard against the squandering of a sacred public fund upon persons assuming to teach without being capable of performing a teacher's duties, and to insure the employment of competent persons only as teachers, thereby making the schools useful as instruments for the education of the young. That an officer can, either expressly or by implication, set at defiance an express statute defining and limiting his official authority, and, by doing what he is forbidden to do, waive what the law palpably requires, is a proposition which is best answered by stating it. One who renders service as a teacher in the public schools without having pro- cured the certificate of qualifications required by law, can not recover for such service. — (Harrison Township, Cass Co. vs. Conrad et al., 26 Ind., 337.) A teacher's license must be in force at the date of the commencement of the school. Dismissal of Teacher. — The Trustee should investigate the truth or falsity of the matter alleged for the dismissal of a teacher. For this purpose he should cause the parties — petitioners and teacher — on the appointed day, to appear before him, when he should hear the testimony pro and con. Notice, in writing, of the pendency of a petition for his dismissal skould be served on the teacher at least three days previous to the time set for the hearing. It should show the day when the petition will be heard, and the nature of the cause or causes alleged for dismissal, and should notify the teacher to be present and answer the allegations of the petition. Any of the causes for the revocation of a license enumerated in section 36, is likewise good cause for the dismissal of a teacher. Peculiar circumstaHces may sometimes render dismissal proper for other causes. Sec. 29. The Director of each school shall preside at all meetings of the inhabitants connected therewith, and record their proceed- ings. He shall also act as the organ of communication between the inhabitants and the Township Trustee. Note. — In the absence of the Director, any voter at the school meeting may preside and perform the duties of the Director. It is not the intent of the law that the absence of the Director, whether that absence be intentional or accidental, should defeat the purpose of a school meeting. GENERAL PROVISIONS. 19 Sec. 30. He shall take charge of the school-house and property belonging thereto, under the general order and concurrence of the Trustee, and preserve the same ; and shall make all temporary re- pairs of the school-house, furniture, and fixtures, and provide the necessary fuel for the school, and report the cost thereof to the Trustee for payment. Notes. — In the control of the school-house, the Director must pursue the instruction of the Trustee. No important repairs of the school-house, or repairs involving considerable expense, should be undertaken except by direction of the Trustee. Sec. 31. He shall visit and inspect the school, from time to time, and, when necessary, may exclude any refractory pupil therefrom ; but the exclusion of any pupil from the school for disorderly eon- duct shall not extend beyond the current term, and may be, in the discretion of the Director, for a shorter period. Notes. — This section is not understood to give the Director authority to pre- scribe to the teacher methods of instruction or government. The Director should not exclude a pupil from school, except the pupil is found to be incorrigible. In extreme cases, the teacher may suspend a pupil from school until conference can be had with the Director. But the fact of such suspension must be communi- cated to the Director at the earliest possible moment, whereupon he must decide what further action the case requires, namely, whether the pupil shall be restored, reprimanded, punished, or excluded. Sec. 32. The decision of the Director in excluding a pupil, shall be subject to appeal to the Township Trustee, whose decision shall be final. Sec. 33.* The Township Trustees of the several townships shall meet at the office of the County Auditor of their respective coun- ties, on the first Monday of June, eighteen hundred and seventy- three, and biennially thereafter, and appoint a County Superintend- ent, who shall be a citizen of such county, w^hose official term shall expire as soon as his successor is appointed and qualified; who, before entering upon the duties of his office, shall take and subscribe an oath that he will faithfully perform his duties as such officer according to law, which oath shall be filed with the County Auditor; and shall execute a bond, with freehold surety, to the approval of the County Auditor, payable to the State of Indiana, in the penal sum of one thousand dollars, conditioned that he will faithfully discharge his duties according to law, and faithfully account for and pay over to the proper persons, all money which may come into his hands by reason of such office ; and thereupon, the County Auditor shall report the name and post-office address of the person appointed to the Superintendent of Public Instruction : Provided, however, That the Board of County Commissioners shall have power to dis- miss any County Superintendent for immorality, incompetency, or general neglect of duty, or for acting as agent for the sale of any text-book, school furniture, or maps ; but no County Superintendent *As amended March S, 1873. 20 SCHOOL, LAWS OF INDIANA. shall be dismissed without giving him written notice, under the hand and seal of the Auditor, ten days before the first day of the term of the Court of Commissioners at which the cause is to be heard ; and the said notice shall state the charges preferred against the Superintendent, the character of the instrument in which they are preferred (whether petition, complaint, or other writing), and in the name of those preferring the same. And the duties re- quired of the School Examiner by this Act shall hereafter be per- formed by the County Superintendent. Whenever a vacancy shall occur in the office of County Superintendent, by death, resignation, or removal, the said Trustees, on the notice of the County Auditor, shall assemble at the office of such Auditor, and fill such vacancy for the unexpired portion of the term, in the manner herein pro- vided ; and the County Auditor shall be clerk of such election in all cases, and give the casting vote in case of a tie, and shall keep the record of such election in a book to be kept for that purpose. Notes. — The office of County Examiner is abolished by this section of the law,. and the office of County Superintendent is created instead thereof. It is the duty of the County Superintendent to call all meetings of the County Board of Education. The Auditor calls the meetings of the Township Trustees to- appoint a County Superintendent. A person appointed to fill a vacancy in the office of County Superintendent must^ before assuming to discharge the duties of the office, take oath and give bond a» provided in this section. — (1 Gavin & Hord, 672.) All duties heretofore discharged by School Examiners will, under the present law, be discharged by County Superintendents. The Township Trustees, and not the School Trustees, of incorporated towns and cities elect the County Superintendent; and a majority of them constitute a quorum. In order to an election, the candidate must receive a majority of all the votes cast. Sec. 34. Said School Examiner [County Superintendent] shall examine all applicants for license as teachers of the Common Schools of the State, by a series of written or printed questions,, requiring answers in writing, if he wishes so to do; and, in addi- tion to the said questions and answers in writing, questions may be asked and answered orally ; and if, from the ratio of correct answers and other evidences disclosed by the examination, the applicant is found to possess a knowledge which is sufficient in the estimation of the Examiner [Superintendent] to enable said applicant to suc- cessfully teach, in the Common Schools of the State, orthography, reading, writing, arithmetic, geography, English grammar, physi- ology, and the history of the United States, and to govern such school, said Examiner [Superintendent] shall license said ap- plicant for the term of six months, twelve months, eighteen months, or two years, according to the ratio of correct answers and other evidences of qualification given upon said examination, the stand- ard of which shall be fixed by the Examiner [Superintendent]. And applicants, before being licensed, shall produce to the Exam- -iner [Superintendent] the proper Trustee's certificate, or other satis- GENEKAL. PROVISIONS. ' 21 factory evidence of good moral character: Provided, That after an applicant has received two licenses in succession, for two years, in the same county, the Examiner [Superintendent] thereof, after the expiration of the last license issued, may renew the same without a re-examination, at his discretion. Notes. — No person who indulges in such immoral practices as profanity, drunkenness, gambling, or licentiousness, should be licensed to teach. County Superintendents, when requested by Trustees, should examine the appli- cant in other branches than those mentioned in this section, and license him in the same if found qualified. Sec. 35.'*' If the persons attached to and forming a school dis- trict, have, at their school meeting, designated other or a less num- ber of branches of learning to [than] those in the last section above mentioned, which they desire to have taught in their school, the Trustee, in employing a teacher for said school, shall require said teacher to be examined as to his qualification to teach the branches of learning required at said school meeting. Notes. — This section, so far as it authorizes a license to be issued upon a less number of bi-anches than those mentioned in the preceding section, has been repealed by the Act approved May 5, 1869, amending section 147 of this Act. When other branches than those mentioned in the preceding section are to be taught in any public school, a teacher should be employed who has been examined and licensed in those branches. Sec. 36. The School Examiner [County Superintendent] shall have power to revoke licenses granted by him or his predecessors, for incompetency, immorality, cruelty, or general neglect of the business of the school; and the revocation of the license of any teacher shall terminate the school which such teacher may have been employed to teach. Notes. — A teacher's license should not be revoked for any cause not fairly included in the causes named in this section ; and in all cases before revoking a license, the teacher should be notified and given an opportunity to make a defense. The revocation of a teacher's license terminates his connection with the school in which he may have been employed ; but does not necessarily terminate the school, unless he is the only teacher employed in it. It would be absurd to suppose that the law intended that a school in which a dozen teachers were employed should be discontinued because the license of one of such teachers was revoked. A County Superintendent, having revoked a teacher's license, must enter hifi action in such case of record in the books of his office, and notify each School Trustee in his county of such revocation. Notice to Trustees is especially important ; as without it they would not be suffi- ciently warned against employing the teacher whose license is revoked, as the certificate of license would still remain in his possession. In proceedings to revoke a license, the County Superintendent may act upon his personal knowledge, obtained by official visits to the school, or upon competent evidence obtained from others. Sec. 37.t The County Superintendent shall hold at least one public examination in each month in the year, in his county ; and in no case shall he grant a license upon a private examination ; and all •A3 ameaded December 20, 1865. fAs amended March 8, 1873. 22 SCHOOL LAWS OF INDIANA, licenses granted by him shall be limited to the county in which they are granted. IJ^OTES.— The day of the examination should be the same in each month. If such a day is fixed and adhered to, convenience will be secured to teachers and to the public. As the object of the law will not be defeated, but rather promoted thereby, it is held that the County Superintendent may hold more than one examination in each month. An examination will be public in the sense here required, when such examination is publicly announced and is held in a public hall or office. The Superintendent is allowed his per diem for examinations, but is entitled tO' no fee from the teachers. Sec. 38. The Examiner [County Superintendent] shall provide a blank book at the expense of the county, in which he shall keep minutes of his proceedings, and shall deliver said record, and all other books, papers, and property appertaining to his office, to his successor, and take a receipt therefor. Said Examiner [Superintend- ent] shall, in the last week of May, annually, report to the Superin- tendent of Public Instruction, the names of the persons to whom he has granted license since the last report, for his county ; distinguish- ing between those licensed for six, twelve, eighteen, and twenty-four months; giving the number of males and the number of females, and total number licensed ; and the number, but not the names, of appli- cants for license who have been rejected ; and the number of licenses revoked. Sec. 39.* The County Superintendent shall have the general superintendence of the schools of his county. He shall attend each Township Institute at least once in each year, when he shall preside at the same and conduct its exercises. He shall visit each school of the county at least once each year, for the purpose of increasing their usefulness, and elevate as far as practicable the poorer schools to the standard of the best. He shall encourage Teachers' Institutes and associations, and shall labor in every practicable way to elevate the standard of teaching, and to improve the condition of the schools of the county. In all controversies of a general nature arising under the School Law, the opinion of the County Superintendent shall first be sought; whence an appeal may be taken to the State Superintendent, on a written statement of facts, certified to by the County Superintendent: Provided, That nothing in this Act shall be so construed as to change or abridge the jurisdiction of any court in cases arising under the School Laws of the State ; and the right of any person to bring suit in any court, in any case arising under the School Laws, shall not be abridged by the provisions of this Act. He shall, at all times, carry out the orders and instructions of the State Board of Education and the Superin- tendent of Public Instruction, and shall constitute the medium between the State Superintendent and subordinate school officers *As amended March 8, 1873. GENEEAL PROVISIONS. 2S and the schools : Provided, That city schools having a Superintend- ent employed by their Board may, at the request of said Board, be exempt from the general superintendence authorized in this section. Note. — The County Superintendent has the care and oversight of the schools in: his county, with authority to direct in their organization and general management. Sec. 40.* When any Trustee shall neglect to file with the County Superintendent an enumeration of the children of the town- ship, town, or city, as hereinbefore provided, the County Superin- tendent shall, immediately after the first day of May in each year, employ a competent person to take the same, and allow a reasonable compensation for such services, payable from the special school revenue of the township ; and shall proceed to recover the same in the name of the State of Indiana, for the use of said revenue of said township, by action against the said Trustee in his individual, capacity; and in such suit the County Superintendent shall be a. competent witness. Notes. — The County Superintendent should, in every case of failure to report; the enumeration, proceed promptly to have the same taken as provided in this sec- tion. A Trustee, when prevented by sickness or misfortune, should employ some com- petent person to take the enumeration for him. Sec. 41. t The County Superintendents shall, on or before the fifteenth day of May, annually, make out and forward to the State Superintendent the enumeration of their respective counties, with the same particular discrimination required of the Trustee. They shall, on or before the fifteenth day of September, annually furnish the statistical information which Trustees are required to report to them, in such form as may be prescribed by the Super- intendent of Public Instruction. They shall also furnish, with such statistical report, such additional information, embodied in a written report, relative to the condition of the schools, school- houses, and the general progress of education, etc., in the county, as the State Superintendent may, from time to time, call for. On failure of any County Superintendent to make his report of enumeration by the fifteenth day of May, his county shall be subject to a diminution of" twenty-five dollars in the next apportionment of school revenue by the State Superintendent; and on failure to make his statistical and other reports by the fifteenth day of September, his county shall be subject to a diminution of ten dollars in the next apportionment, likewise. The sum thus withheld may be collected from said County Superintendent in a suit before a Justice of the Peace, pros- ecuted in the name of the State by any person living in said county who has children enumerated for school purposes for the current year, who is aggrieved by said diminution. Said suit shall be com- menced within two years from the time when said report was due,. •As amended March 8, 1873. tAs amended March 8, 1873. 24 SCHOOL LAWS OF INDIANA. and not afterwards ; Provided, That said County Superintendent may discharge himself from liability to such suit, by a certificate of the postmaster that said report was mailed in due time, together with his own affidavit of that fact. Note. — County Superintendents are expected to furnish statistical and other reports relative to private schools, high schools, colleges, and other private institu- tions of learning within their respective counties, so as to enable the Superintendent of Public Instruction to present a view of all the educational facilities of the State. Data concerning private institutions can be most accurately obtained by personal interview or correspondence with the officers of these institutions. Sec. 42. The School Examiner [County Superintendent] shall make out, from the list of enumeration and the reports of transfers, the basis of the apportionment of school revenue to the several townships, towns, and cities of their respective counties, and parts of congressional townships of adjoining counties whose congres- sional township fund is managed in their counties, and report the same to the proper County Auditor by the first day of November* [June], annually, so as to enable the County Auditor to accurately a,pportion the school revenue for tuition, according to section 118 of this Act. Notes. — The basis of apportionment should show, by number and range, the •congressional townships, or parts of congressional townships, which form each civil township ; the number of children enumerated in each of such parts ; also, the whole number of children enumerated in each civil township. With the basis of apportionment, the County Superintendent should file with the Auditor a separate statement, showing what congressional townships whose funds are managed in his county are divided by the county line; also, the number of •children enumerated in each part of such townships. Sec. 43.t The County Superintendent shall receive four dollars for every day actually employed in the discharge of the duties required by this Act. But before the County Commissioners shall allow his per diem, the same shall be presented in a bill of account, stating, in separate items, the nature and amount of service rendered on each day for which he claims compensation; which bill of account shall be verified by affidavit to the effect that the same and each item thereof is just and true. The County Auditor shall draw liis warrant on the County Treasurer for the amount allowed by the Board in favor of said Superintendent, and the Treasurer shall pay the said warrant out of the ordinary county revenues. Provided, hoirever, That the said Board of Commissioners shall have power to determine the number of days in each year in which the County Superintendent may labor in the performance of the duties required of him in visiting schools: And Provided, further, The number of days so allowed in each year for visiting schools shall not be less than the whole number of schools in sueh county over which such Superintendent has control; and he shall receive no perquisites whatever. *The report of the County Superintendent required by this section must be made by the first of June. By an oversight of the Legislature, the section was not amended. tAs amended March 8, 187;i. GENERAL PROVISIONS. 25 Note. — All persons listed in any city or incorporated town are considered as forming but a single school district. — (See sections 14 and 11.) Sapplemental Sections. Sec. c* Such Superintendent shall see that the full amount of interest on school fund is paid and apportioned, and when there is a deficit of interest of any school fund, or loss of any school fund or revenue by the county, that proper warrants are issued for the reimbursement of the same ; but no per centum beyond what is pro- vided for herein and allowed shall, in any case, be paid him by said Board of Commissioners. Sec. d.f The official dockets, records, and books of account of the Clerk of the Courts, County Auditor, County Commissioners, Justices of the Peace, Prosecuting Attorneys, Mayors of cities, and Township and School Trustees shall be open, at all times, to the inspection of the County Superintendent ; and whenever he shall find that any of said officers have neglected or refused to collect and pay over interests, fines, forfeitures, licenses, or other claims due the school funds and revenues of the State, or have misapplied the school funds or revenues in their possession, he shall be required to institute suit in the name of the State of Indiana for the recovery of the same for the benefit of the school fund or revenues, and make report of the same to the Board of County Commissioners und to the State Superintendent. Notes. — Superintendents will often find it convenient to examine the dockets of the Justices of the Peace, during their official visits to the schools. Superintend- ents are expected to use due diligence in carrying out the intent of this section. The payment of school revenue to a teacher without a license is a misapplication of money within the meaning of this Act. Sec. e.| The County Superintendent and the Trustees of the township and the Chairman of the School Trustees of each town and city of the county shall constitute a County Board of Education. Said Board shall meet semi-annually, at the office of the County Superintendent, on the first days of May and September, unless the said days be Sunday — if so, on the day following; a majority of •whom shall constitute a quorum. The County Superintendent shall preside at the meeting of the Board ; shall be allowed to vote on all questions as other members of the same are allowed to vote. Said Board shall consider the general wants and needs of the schools and school property of which they have charge, and all matters relating to the purchase of school furniture, books, maps, charts, etc. The change of text-books, except in cities, and in the care and manage- ment of township libraries, shall be determined by such Board, and «ach township shall conform as nearly as practicable to its action * Approved March 3, 1873, and amended March 9, 1875. (Supposed to be in force.) tApproved March 8, 1873. J Approved March 8, 1873, and amended March 2, 1877. 26 SCHOOL LAWS OF INDIANA. But no text-book hereafter adopted by the County Board shall be changed within six years from the date of such adoption, except by unanimous vote of all the members of such Board : Provided, That any text-book heretofore adopted by the County Board of Education shall not be changed within three years from the date of its, adoption. Sec. f.* At least one Saturday in each month during which the public schools may be in progress, shall be devoted to Township Institutes or Model Schools, for the improvement of the teachers j and two Saturdays may be appropriated, at the discretion of the Township Trustee of any township. Such Institute shall be pre- sided over by a teacher or- other person designated by the Trustee of the township. The Township Trustee shall specify, in a written? contract with each teacher, that such teacher shall attend the full session of each Institute contemplated herein, or forfeit one day's wages for every day's absence therefrom, unless such absence shall be occasioned by sickness. Sec. g.* All laws ar d parts of laws in conflict with this Act, be and the same are hereby repealed : Provided, The School Examiners of the several counties in this State shall discharge their duties until a Superintendent shall be elected and qualified under this Act. Sec. 44.+ The custody and care of all lands belonging to the Congressional Township Fund shall be with the Trustee of the civil township in which the same shall be situated ; who shall report^ annually, to the Auditor, by the fourth Monday in March, the annual income derived therefrom, to the township. And the report shall embrace a fully itemized statement of his rent account of such lands ; to whom and for what amount the same was rented to each tenant; and whether the rents have been collected or not ; and if any portion^ has not been collected, he should state fully the reasons why the same has not been collected. And any Trustee who has heretofore failed and neglected to so report shall embrace in his first report such itemized statement and showing for each preceding year not so reported, whether by himself or his predecessors; and the amount of school funds for any year, to which such township might other- wise be entitled, shall be withheld, and not paid over to such Trustee,, if the rental value of such lands for such terms shall equal or exceed the township's otherwise portion of the school fund ; and it shall be the duty of such Trustee to pay into the country treasurv all rentsv collected and reported by him as aforesaid. Sec. 45; They shall have power, when directed so to do by a vote, or by the written direction of a majority of the voters of the congressional township to which the same belongs, to lease such. ♦Approved March 8, 1873. tAs amended March 7, 1873. GENERAL PROVISIONS. 27 lands for any terra not exceeding seven years, reserving rents, pay- able in money, property, or improvements upon the land, as may be directed by the majority of such voters. Sec. 46. When the sixteenth section, or the section which may be granted in lieu thereof, shall be divided by a county or civil [township] line, or where the substituted section lies in any other county in the State, the voters of the congressional township to which the same belongs shall designate, by vote or by the written direction of a majority, the Trustee of one of the civil townships including a part of said section, to have the care and custody of said section, and to carry out the directions of the voters of the township- in relation thereto ; and the Trustee so designated shall have the same powers and perform the same duties as if the entire section was situated within the limits of the civil township, and receive from the County Treasurer the revenue derived from funds accrued from said sale. Sec. 47. The proper Trustees shall have all the rights and powers of a landlord, in their official name, in coercing fulfillment of contracts relating to such lands, and preventing waste or damage,, or for the recovery of the same when committed. Sec. 48. At any time when five voters of any congressional township shall, by petition to the Trustee having charge of the school land belonging to such township, set forth their desire for th& sale of all or any part of the school land, the Trustee shall give public notice, in five public places in such township, of the time and place in such township when and where a balloting will be had to determine whether [the land] shall be sold as petitioned for or not ;: which notice shall be given at least twenty days before the time- specified therein. Note. — For method of proceeding for sale, when a vote can not be procured, see section 73. Sec. 49. A copy of such petition shall be entered on the book containing the record of the proceedings of such Trustee; and his action thereon shall, also, be recorded. Sec. 50. If a voter favor the sale of such land, he shall write oa his ballot the word " Sale"; if he oppose the sale, he shall write the words " No sale." Sec. 51. No sale shall be allowed unless a majority of all the votes cast at such election shall be in favor of such sale ; nor unless the number of votes constituting such majority shall exceed fifteen. Sec. 52. The Trustee shall attend at the time and place speci- fied, and shall make out a certificate showing the number of votes given for and against such sale; which shall be signed by him and filed in his office; and he shall enter the same upon his record book.. Sec. 53. Said Trustee, if satisfied that a majority of all, and more than fifteen, voters have voted for such sale, he shall enter the . same on his record book, and proceed — ^8 SCHOOL, LAWS OF INDIANA. First, To divide the lands so voted to be sold into such lots as will secure the best price. Second, To affix a minimum price to each lot, not less than one dollar and twenty-five cents per acre, below which it shall not be sold. Third, To certify such division and appraisement to the proper County Auditor, together with a copy of all his proceedings in rela- tion to the sale of said lands. Sec. 54. Such certificate and return shall, by such Auditor, be laid before the Board of County Commissioners, at their first meet- ing thereafter ; and said Board, if satisfied that the requirements of the law have been substantially complied with, shall direct such lands to be sold ; which sale shall be conducted as follows: First, It shall be made by the Auditor and Treasurer. Second, Four weeks' notice of the same shall be given, by post- ing notices thereof in three public places of the township where the land is situated, and at the court-house door, and by publication in a newspaper printed in said county, if any — otherwise, in the news- paper of any county in the State situated nearest thereto. The sale shall be made by the Auditor, at public auction, at the door of the court-house of the county in which the land is situated, and the Treasurer shall take an account thereof; and each of the said offi- cers, for making such sale, shall receive a fee of one dollar, to be paid by the purchaser. Sec. 55.* One-fourth of the purchase money shall be paid in hand and the interest for the residue for one year in advance, and the residue in ten (10) years from such sale, with like interest annu- ally in advance ; and deferred payments shall he regarded as a part of the Congressional Township School Fund, and reported as such by the Auditor to the Superintendent of Public Instruction : Pro- vided, That when one-fourth part or more of the value of the lands so sold, at the time of such sale, shall consist of the timber growing thereon, the terms of sale in such case may be as follows, viz.: at least one-half of the purchase money cash in hand, and interest for the residue for one year in advance, and the residue in annual pay- ments in not exceeding ten (10) years from such sale, with like interest annually in advance; [and] in such case, the terms of sale shall be set forth in the notice provided for in section fifty-four of said Act : And Provided, further, That whenever the purchaser of any such land shall be proceeding to cut or remove, or threaten to cut or remove, from such lands, so sold, timber growing or being thereon, to such an extent that the land, after the cutting or removal of such timber, shall not be equal in value to the amount of pur- chase money, with interest then remaining unpaid, it shall be the duty of the Trustee of the civil township in which such land is sit- uated (and he is hereby authorized and empowered) to commence * As amended March 9, 1875. GENERAL PROVISIONS. 29' and maintain an action, in the name of such township, in the Cir- cuit Court of the county, to restrain and enjoin the further cutting or removal of such timber. Sec. 56. On failure to pay such annual interest when it becomes due, the contract shall become forfeited, and the land shall immedi- ately revert to the township; and the Auditor and Treasurer shall proceed, forthwith, again to sell the same, in like manner and on the terms above specified. If on such second sale, such land shall pro- duce more than sufficient to pay the sum owing thereof [therefor], with interest and cost and five per cent, damages, the residue shall, when collected, be paid over to the first purchaser or his legal rep- resentative. Sec. 57. At any time before the sale, payment of the interest due and all costs, together with two per cent, damages on the prin- cipal sum and interest due and owing for said land, shall prevent such sale, and revive the original contract. Sec. 58. In case of such forfeiture, the original purchaser may be sued for waste or unnecessary injury done to such land. Sec. 59. Such suit shall be prosecuted by the Auditor in the name of the State, for the use of the proper congressional township. Sec. 60. When any land offered for sale at public auction shall remain unsold, the County Auditor may dispose of the same at pri- vate sale for the best price that can be had therefor, not being less than the minimum price affixed thereto. Sec. 61. After the expiration of the term of four years after any appraisement and offer of sale of any lands in this State be- longing to any township for school purposes, and such lands remain unsold, it shall be lawful to re-appraise, sell, and dispose of said lands in the same manner that they would have been, had such lands not been previously offered for sale : Provided, however, That such appraised value shall not be below the minimum price now fixed by law. Sec. 62. A certified statement of such sale shall be made and signed by the Auditor, and, being first recorded by such Auditor in the records of the Board of County Commissioners, shall be de- livered to the purchaser when he makes his first payment, and shall entitle him to a deed when the terms of such purchase shall have been fully complied with. Sec. 63. Every purchaser, until forfeiture, shall be entitled to all the rights of possession before existing in such Trustee or township,. and to all rights and remedies for rents becoming due or breaches ■ of covenant occurring after his purchase under any lease existing at the time of his purchase, and for all waste committed thereafter. Sec. 64. A purchaser at such sale failing to make the first pay- ment as above required shall pay ten per centum on the sum bid, to be recovered by action before any court having jurisdiction, to be prosecuted by the County Auditor in the name of the State, for "30 SCHOOL LAWS OF INDIANA. the use of the proper township; and the Auditor and Treasurer shall be competent witnesses. Sec. 65. No assignment of a certificate shall be valid unless -acknowledged before some officer authorized to take acknowledg- ments of deeds, or before the County Auditor, who shall, in all such cases, record the same. Assignments of certificates heretofore made before any officer authorized to take acknowledgments of deeds, when recorded, shall be as valid as if acknowledged before the County Auditor. Sec. 66. When the residue of the purchase money becomes due, the purchaser may retain the same as a loan for a term not exceeding three years, on payment, annually made in advance, of the interest thereon, at the rate then established by law for the loans of such funds; but he shall receive no deed until full payment is made. Sec. 67. Purchasers may, at any time before due, pay a part or whole of such purchase money. Sec. 68. When any such certificates shall be lost before a deed be made, on proof thereof by affidavit of the person interested, or other competent testimony, to be filed with the County Auditor, and after three months' notice of intention to apply for a new cer- tificate, given in some newspaper printed nearest to where the land lies, such Auditor may issue the same to the person entitled thereto. Sec. 69. The purchase money and interest, and all cost and damages above provided for, shall be paid to the Treasurer of the proper county, and his receipt therefor filed, by the person paying, with the County Auditor, who shall issue his quietus therefor. Sec. 70. When such payment is in completion of any contract of sale, the amount of such receipt shall be endorsed by the County Auditor on the certificate of purchase. Sec. 71. On full payment for such land, a deed shall be issued by the County Auditor, and entered [on] the record book of the Board of County Commissioners. Sec. 72. Such deed shall be executed and acknowledged, at the cost of the grantee, by the County Auditor, as in other cases; and, thus executed and delivered, shall vest in the grantee, his heirs and assigns, forever, a complete title to the land. Sec. 73. The voters of any congressional township may, in the absence of a vote to sell land, and in lieu thereof, petition the Trustee of the township for such sale ; and such petition, if signed by a majority of all the voters of the township, shall be filed with the "County Auditor; and the same proceeding shall be had as provided in the preceding section upon a vote of the inhabitants of the town- ship for such sale. Such petition and certificate shall be recorded in the record book of the Trustee of the township and of the County Auditor of the investment of funds held for the benefit of Common Schools and congressional townships. Sec. 74. The principal of all moneys, whether belonging to vthe Common School Fund or to the Congressional Township School GENERAL PROVISIONS. 31 l^^und, received iuto the county treasury, shall be loaned at eight per cent, per annum, payable annually in advance, and the interest paid out as prescribed in this Act, and not otherwise; and any judgment upon any note or mortgage for any part of said fund, shall bear eight per cent, interest from the date thereof till the same is paid.* Note. — Loans made previous to March 8, 1873, until they expire by limitation, bear seven per cent, interest. All renewals since March 8, 1873, must bear eight per cent, interest ; also all loans that have expired by limitation, but allowed to run, must bear eight per cent, from March 8, 1873. Sec. 75. Such loans shall be made by the County Auditor, who shall inform himself of the value of the real estate offered in [the] mortgage, and be satisfied of the validity of the title thereof; and all persons applying for a loan shall produce to said Auditor title papers, showing, to his satisfaction, a good and sufficient title in fee simple, without incumbrance not derived from sale for taxes. f Sec. 76. The Auditor shall require three disinterested freehold- ers of the neighborhood to appraise any land offered in mortgage. Sec. 77. Such Appraisers, being first officially sworn, shall ■examine and appraise such land, and >^gn and give to the applicant B, certificate, setting forth the fair cash value of the land at the time, without taking into consideration perishable improvements. Sec. 78, In making such loans, preference shall be given to the inhabitants of the county, if security be adequate; and no land shall be received as security unless situated in the county where the loan is made. Sec. 79. The amount loaned to any person or company shall not exceed one thousand dollars. Sec. 80. The applicant for a loan shall file with the Auditor the certificate of the Clerk and Recorder that there is no incumbrance on said land in either of said offices. Sec. 81. Such applicant shall make oath that there is no incum- brance or better claim, that he knows of, and that the abstract of the title presented by him is, as he believes, a true one. Sec. 82. No loan shall be made for a longer term than five years. Sec. 83. The sura loaned shall not exceed one-half of the appraised value of the premises proposed to be mortgaged, clear of all perishable improvements. Sec. 84. The Auditor shall have power to administer all oaths and take acknowledgements required by this Act. Sec. 85. Mortgage taken for such loans shall be considered of record from the date thereof, and shall have priority of all mort- gages or conveyances not previously recorded, and all other liens not previously incurred, in the county where the land lies. *As amended March 8, 1873. fFor additional lestrlctious in the making loans of School Funds, see^Act of April 14, 1S8', next tollowing this Act. 32 SCHOOL LAWS OF INDIANA, Sec. 86. The Auditor shall cause such mortgages lo be recorded immediately, retaining the cost of recording out of the money bor- rowed. Sec. 87, On failure to pay any installment of interest when the same becomes due, the principal sum shall forthwith become due and payable, and the Auditor may proceed to collect the same by suit on the note, or by sale of the mortgaged premises. He may also, by suit, recover the possession of the mortgaged premises before sale thereof; and he shall, on the fourth Monday in March, annually, offer for sale all mortgaged lands on which payments of interest are due on the first day of January and unpaid on the day of sale. Note. — " In selling lands mortgaged to the school funds, the Auditor must proceed strictly in accordance with the requirements of the statute ; and where a sale • is made for the payment of a greater sum than is actually due, the sale is void." — (Key et al. vs. Ostrander, 29 Ind., 1.) Sec. 88. The mortgage may be, in substance, as follows; and the Auditor shall specify therein whether the same belongs to the Common School Fund or to the Congressional Township Fund; and, if the latter, the particular township or townships whose funds are thus loaned : Sec, 89. I, A. B., of the county of , in the State of Indiana, do mortgage to the State of Indiana, for the use of (here describe the fund out of which the loan was made), all (here describe the land), for the payment of dollars, with interest at the rate of seven [eight] per cent, per annum, payable annually in advance, according to the conditions of the note hereto annexed. Sec, 90. The note accompanying the same may be in substance as follows, to-wit : I, A, B., promise to pay to the State of Indiana, for the use of (here recite the particular fund), on or before , the sum of dollars, with interest thereon at the rate of seven [eight] per cent, per annum in advance, commencing on the day of , 18 — ; and do agree that, in case of failure to pay an installment of interest when the same shall become due, the principal sum shall become due and. payable, together with all arrears of interest ; and on failure to pay such principal or interest when due, two per cent, damages shall be col- lected, with costs, and the premises mortgaged may be sold by the County Auditor for the payment of such principal sum, interest, damages, and costs. Sec. 91, On making loan of any fund, the Auditor shall draw his warrant in favor of the borrower upon the County Treasurer, who shall charge it to the proper fund. Sec, 92. All loans refunded and all interest shall be paid to the County Treasurer, and his receipt shall be filed with the County Auditor, who shall give the payer a quietus therefor, and make proper entries. Sec. 93. Whenever the amount due on any mortgage shall be - GENEEAL PROVISIONS. SS paid, and the Treasurer's receipt therefor filed, the Auditor shall indorse on the note and mortgage that the same has been fully- satisfied, and surrender the same to the person entitled thereto; and, on production of the same thus indorsed, the Recorder shall enter satisfaction upon the record. Sec. 94. In all cases when the mortgaged premises shall fail to sell for a sum sufficient to satisfy the principal and interest of the loan made, and the damages accrued by reason of such failure, and costs, the County Auditor shall bring suit on the notes executed by the mortgagor; and whenever judgment shall be rendered thereon,, no appraisement of property shall be allowed on execution issued on, such judgment. Sec. 95. Before sale of mortgaged premises, the Auditor shall advertise the same in some newspaper printed in the county where the land lies, if any there be — otherwise, in a paper in the State nearest thereto — for three weeks successively, and, also, by notice set up at the court-house door and in three public places in the town- ship where the land lies. Sec. 96. At such sale (which shall be held at the court-house door), the Auditor shall sell so much of the mortgaged premises to the highest bidder, for cash, as will pay the amount due for princi- pal, interest, damages, and costs. And when less than the whole tract mortgaged shall be sold, the quantity sold shall be taken in a square form, as nearly as possible, off the northwesterly corner of said tract; and when less than the whole of any in-lot or out-lot of any town or city shall be sold, the part sold shall be laid out and taken off, so that it shall extend from the main or principal street or alley on which the said lot fronts, to the rear thereof, to divide the same by a line as nearly parallel with the boundaries of said lot as practicable; and if less than the whole is sold, the Auditor,, in his notice of sale, shall indicate off of which side or end of said lot the part to be sold shall be taken ; and if more than one tract of land is included in the mortgaged premises, the Auditor shall elect which tract or tracts shall be sold, saving to the mortgagor, if practicable, the tract on which his house is located. And if a tract of land so mortgaged, and liable to be sold to satisfy the mortgage, can not be divided without materially diminishing the value of [such tract] ; or if any in-lot or out-lot be indivisible, by reason of extensive buildings or other improvements thereon, the Auditor may sell the whole thereof, and, after paying the amount due for principal, inter- est, damages, and costs out of the purchase money, shall pay the balance, if any, to the mortgagor; and if the Auditor sell any part of a tract of land, out-lot, or in-lot for more than the amount of principal, interest, damages, and costs, the excess, if any, shall be paid to the mortgagor. Sec. 97. In case of no bid for the amount due, the Auditor shall bid in the same on account of the fund, and, as soon thereafter as may be, shall sell the same — having first caused it to be appraised. 3 :34 SCHOOL LAWS OF INDIANA. by three rJisinterested freeholders of the neighborhood — on a credit of five years, with interest at seven per cent, per annum, being payable -annually in advance ; but no such sale shall be for a less sum than the appraised value thereof. Sec. 98. Lands heretofore bought in on account of the fund, which have been appraised, shall be sold in like manner; and il, upon sale of any such land, a sum is realized which is more than sufficient to pay the principal, interest, damages, and costs, the over- plus shall be paid to the original mortgagor, his heirs or assigns, when collected. Sec. 99. Upon full payment being made for such lands, the deeds thereof [therefor] shall be executed by the County Auditor, and shall he entered in the record of the Board of County Commissioners before delivery. Sec. 100. At the public sale at the court-house door provided for in this Act, the County Treasurer shall also attend, and make a statement of such sales, which shall be signed by the Auditor and Treasurer, and. after being recorded in the Auditor's office, shall be filed in the Treasurer's office; and such record, or a copy thereof, authenticated by the Auditor's or Treasurer's certificate, shall be received as evidence of the matters contained therein. Sec. 101. When any land is laid [bid] oft' by the Auditor at such sale, no deed need be made therefor to the State; but the statement of such sale, and the record thereof, shall vest the title in the State, for the use of the proper fund. Sec. 102. Forms and modes of bookkeeping shall, from time to time, be prescribed for County Auditors and County Treasurers by the State Superintendent of Public Instruction. Sec. 103. The County Auditors and County Treasurers shall annually report, in writing, to the Board of County Commissioners of the respective counties, at the June session of said Board, rela- tive to the school fund held in trust by said counties, distinguishing, in said reports, between the Congressional Township and Common School Funds ; indicating the amount thereof; the additions to them withhi the current year then ending; the sources from whence such additions are derived ; the condition of them as to their safety, giving the amount thereof safely invested, unsafely invested, and unin- vested, and loss, at the date of said reports; giving also the amount of interest collected upon said funds within the year then ending, and the amount then due and unpaid. Sec. 104. The Board of County Commissioners shall annually, tit their June session, in [the] presence of the Auditor and Treas- urer, examine said reports, the accounts, and proceedings of said' officers in relation to said funds, and the r-evenue derived from them. They shall compare with said reports, the cash, the notes, mortgages, records, and books of said officers, with a view to ascertain the amount of said funds and their safety ; and do what- ever may be necessary to secure their preservation and the prompt GENERAL PROVISIONS. 35 payment of the annual interest thereon as the same becomes due; and make up to said funds losses which have accrued or may accrue. Sec. 105. The County Commissioners, at said session, shall make out, for their respective counties, a report, in writing, of the result of such examination, showing : 1st. The amounts of said funds at the close of the last year. 2d. Amount added from sale of land within the year. 3d. The number of acres of unsold Congressional Township School Lands, and the approximate value thereof. 4th. The amount added from fines and forfeitures. 5th. The amount added by the Commissioners of the Sinking I'und. 6th. The amount added from all other sources. 7th. The total amount of the funds. 8th„ The amount refunded within the year. 9th. The amount re-loaned within the year. 10th. The amount safely invested. 11th. The amount unsafely invested. 12th. The amount uninvested at date of report. 13th. Amount of fund lost since 1842. 14th. Amount of interest collected within the year. 15th. Amount of interest delinquent. And in said report, the Commissioners shall distinguish between the Congressional Township Fund and the Common School Fund, and in their account of the interest or revenues derived from said funds they shall observe the same distinction. Sec. 106. Such report shall be entered on the records of said Board; and copies thereof, signed by the members of the Board, the Auditor, and Treasurer, shall be transmitted to the Auditor of State and the Superintendent of Public Instruction. Sec. 107. County Auditors shall receive for their services in managing the School Funds the two per cent, damages accruing on all sales for non-payment of loans, two per cent, on all loans on which the mortgaged premises are advertised for sale and not sold, and *four per cent, on all disbursements of interest; and the County Treasurer shall receive one per cent, on all disbursements of interest and one per cent, on the amount of school tax disbursed ; and the sum of said per cent, on disbursements, thus ascertained, shall be paid in the same manner and out of the same revenue as other services of said officers are paid. Sec. 108. The following fees only shall be charged in cases of mortgage for loans : *This clause has been virtually repealed by the following provision in "An Act regulating^ the 'Fees of Officers," etc., approved March 8, 1873 : "The Auditor shall be allowed one-fourth of one per cent, on all school funds disbursed by said -Auditor." 36 SCHOOL LAWS OF IK DIANA. To each appraiser 50 cents. For recording mortgage $1 For drawing mortgage -. $1 For making borrower's affidavit.., 10 cents. For Clerk's certificate 50 cents. And Recorder's certificate and examining title^ each $1 Which shall be paid by the borrower. Sec. 109.* There shall be two apportionments of the school revenue for tuition made in each year by the State Superintendent of Public Instruction — one on the fourth Monday in May and the other on the first day of January, unless the said day of the month should be Sunday, and, if so, on the day following. Sec. 110.* To enable the Superintendent to make said appor- tionments, and to ascertain the amount of said revenue collected and ready for that purpose, the Auditors of the several counties of the State shall, promptly, after making the settlements with the County Treasurer of their respective counties in March [April] for the amount collected on tax-list, and in December for the amount of delinquent tax collected, make report to said Superintendent of the precise amount of school revenue for tuition collected in their respective counties and ready for apportionment and distribution ; which report shall be verified by the oath or affirmation of the Auditor endorsed thereon. Note. — By an oversight, March was inserted into this law while April was- intended. Tlie settlements here referred to between Auditors and Treasurers are required by the law to be made on the third Monday in April. — (See Acts of 1867 and 1873.) The reports of Auditors are required to be made promptly after the annual settlement. Sec. 111.* The first of said reports in each year shall not be delayed later than the third Monday in May, and the second not later than the twenty-fifth day of December. Said reports shall show — 1st, The amount of school tax collected since the last report, whether upon the current year's tax-list or delinquent tax. 2d» The amount of interest collected since the last semi-annual report, and the amount of any not previously reported, upon loans of Common School Funds, or on any indebtedness which is due or payable to said funds, arising from the sale of seminary property or otherwise. 3d, The amount derived from liquor licenses and unclaimed fees not previously reported. 4th, The total amount of school revenue thus collected and ready for apportionment. 5th,. The income derived from the Congressional Township School Fund,, including the interest on loans of said fund, and on deferred pay- ments for school lands which have been sold, and the rents and profits derived from the leasing or renting of any such lands, or otherwise. 6th, The amount of said income from the Congressional Township Fund on hand for distribution in parts of the townships- =-'As amended March U, 1807, and March 11, 1873. GENERAL PROVISIONS. 37 in the adjacent counties, specifying the amount on hand for each of the several counties. Sec. 112. When the congressional township lies partly in one <;ounty and partly in another, the Auditor of the county in which the fund of such township is managed shall notify the Auditor of the county in which any portion is situated of the amount due to such portion. Sec. 118. On failure of any County Auditor to make his said semi-annual report in time for said apportionments, his county shall be subject to a diminution of |100 in the next apportionment of said revenue by the Superintendent. The sum thus withheld may be collected from said Auditor, in a suit before a Justice of the Peace, prosecuted in the name of the State, by any person living in said y repealed^ AN ACT to render Taxation for Common School purposes uniform ; and to provide- for the Education of the Colored Children of the- State. [Approved May 13, 1869.] Section 1. Be ii enacted by the General Assembly of the Staie- oj Indiana, That in assessing and collecting taxes for school pur- poses under existing laws, all property, real and personal, subject tc- taxation for State and county purposes, shall be taxed for the sup- port of Common Schools, without regard to the race or color of the- owner of the property. Sec. 2. All children of the proper age, without regard to the race or color, shall hereafter be included in the enumeration of the- children of the respective school districts, townships, towns, and cities of this State for school purposes ; but in making such enumer- ation, the officers charged by law with that duty shall enumerate the- colored children of proper age who may reside in any school district in a separate and distinct list from that in which the other school children of such school district shall be enumerated. ■-:■ S ( tion 6 ol this Act having been quotei in a recent decision of the Saprc ne Court, it is deeia^d': to be in foice. GENEEAL PROVISIONS. 51 Sec. 3.* The Trustee or Trustees of such township, town, or city, may organize the colored children into separate schools of the township, town, or city, having all the rights, privileges, and advan- tages of all other schools of the township, town, or city : Provided^ That in case there may not be provided separate schools for the col- ored children, then such colored children shall be allowed to attend the public schools with white children : And Provided, further, That where any child attending such colored school shall, on examination and certificate of his or her teacher, show to the Trustee or Trustees .of any township, town, or city, that they have made sufficient advancement to be placed in a higher grade than that afforded by such colored school, he or she shall be entitled to enter the school provided for white children of a like grade, and no distinction shall therein be made on account of race or color of such colored child. Sec. 4. All laws relative to school matters, not inconsistent, with this Act, shall be deemed applicable to colored schools. Sec. 5. [Declares an emergency.] CITIES AND INCORPORATED TOWNS. AN ACT providing for a General System of Common Schools in all Cities of thirty thousand or more inhabitants ; and for the Election of a Board of School Commissioners for such Cities, and defining their Duties and prescribing their Powers; and providing for Common School Libraries within such Cities. [Approved March 3, 1871,] Section 1. Be it enacted by the General Assembly of the State Indiana, That in all cities of this State of thirty thousand or more inhabitants according to the United States census for the year eighteen hundred and seventy, there shall be elected, by the qualified electors of each school district of such city, one School Commis- sioner, to serve as a member of the Board of School Commissioners of such city. The first regular election for School Commissioners, under this Act, shall be held on the second Saturday in June, in the year eighteen hundred and seventy-one, at the places to be fixed oa for holding such election in the school district of such city by the Common Council. All elections for School Commissioners shall be held in the same manner as elections are now held, and shall be governed by the same laws that now govern general and municipal elections. And the persons declared elected shall have issued to "As amended, Marcli'5, 1877. 52 SCHOOL LAWS OF INDIANA. them, by tbe City Clerk, certificates of election ; and they shall, within ten days thereafter, take an oath of office, and file the same with the City Clerk. All regular elections for School Commission- ^ers shall, thereafter, be held, annually, on the second Saturday in June. Sec. 2. It is hereby made the duty of the Common C.)uncil of -any such city, on or before the first Monday in May, 1871, by ordi- -Bance, to district the city into as many school districts as there are ■wards, and to define the boundaries of each district, and such bound- aries may be the present ward boundaries, or otherwise, as the Com- mon Council may determine. Such school district shall, however, be subject to change by the Board of School Commissioners at any "time after its organization ; and in case the number of districts is increased, each additional district shall be entitled to elect one School Commissioner for such district at the annual election for School Commissioners. And the Common Council shall, at the time such ordinance is adopted creating such districts, order an election to be held in each of such districts for School Commissioners thereof, on the second Saturday in June following; and shall direct the City Clerk to give ten days' notice thereof in some daily newspaper of such city. Sec. 3. On the first Monday in July following the first election -of School Commissioners herein provided for, such School Commis- sioners shall assemble at the office of the Board of School Trustees of such city, and proceed to organize the Board of School Commis- sioners of such city, by electing one of their number as a president, ^ne of their number as a treasurer, and one of their number as a secretary ; each of which officers shall serve for one year, and until his successor is elected and qualified. The members of such Board of School Commissioners shall then determine, by lot, which three of their number shall hold office for three years, and which three shall hold office for two years; and after having so determined, the president of the Board shall issue to the persons so determined, certificates entitling them to hold office for the terms respectively allotted ; and the remaining members shall receive, from the presi- dent of the Board, certificates showing that each is entitled to hold office for one year; and all persons elected as School Commissioners at the annual elections thereafter shall be entitled to hold office for three years each. All vacancies occurring at any time prior to the annual election shall be filled by a ballot vote of a majority of the members of such Board ; and the persons so elected to fill such vacancies shall serve until the next annual election for School Com- missioners. All persons elected at any regular annual election, or by the Board to fill any vacancy, shall serve until their successors are elected and qualified. It is hereby made the duty of the Board of School Trustees in office at the time of the organization of the Board of School Commissioners, to at once turn over to the Board of School Commissioners all books and papers pertaining to their CITIES AND INCOEPORATED TOWNS. 5S trust, and to place in possession of the Board of School Commission- ers all moneys, title papers, and property belonging to the School Trustees or [of] Common Schools of such city ; and such Board of School Trustees, shall thereafter cease to perform any and all duties whatever connected with the schools of such city. Sec. 4. Such Board of School Commissioners is hereby author- ized : 1. To district the city for the purpose of electing School Com- missioners therein, and also to subdivide the city for general school purposes. 2. To levy all taxes for the support of the schools within such city, including such taxes as may be required for paying teachers in addition to the taxes now authorized to be levied by the Geueral Assembly of this State by the general laws thereof: Provided, No srch tax levy in any one year shall exceed the sum of twenty-five cents on each one hundred dollars of the taxable property, as assessed, for city taxes by the City Assessor, for purchasing grounds, build- ing school-houses, and furnishing supplies for such buildings ; or twenty-five cents on each one hundred dollars of such taxable pro- perty, for the purpose of paying teachers. 3. To levy a tax each year of not exceeding one-fifth of one mill on each dollar of taxable property assessed for city taxes by the City Assessor, for the support of free libraries in connection with the Common Schools of such city ; and to disburse any and all revenue raised by such tax levy in the purchase of books for, and in the fitting up of suitable rooms for, such libraries, and for salaries to librarians; also to make and enforce such regulations as they may deem necessary for the taking out from and returning to, and for the proper care of all books belonging to, such libraries, and to prescribe penalties for the violation of such regulations. 4. To examine, either by a committee of such Board of School Commissioners, or by an officer of such Board, selected for that pur- pose, all teachers applying for positions in the schools of the city y and to license such as may be qualified — such license to be limited to the city in which the same is granted. 5. To purchase grounds, construct school buildings, purchase supplies, employ and pay teachers, appoint Superintendents, and disburse, through the treasurer of the Board of School Commis- sioners, moneys for all school and library expenses. 6. To require the treasurer of the Board of School Commis- sioners to give bond in such sum, and with such surety, as the Board may determine, for the faithful discharge of his duties, and for the safe keeping and faithful accounting for all moneys that may come into his hands as such treasurer. 7. To establish and enforce regulations for the grading of and course of instruction in the schools of the city, and for the govern- ment and discipline of such schools. 8. To prepare, issue, and sell bonds to secure loans, not exceeding 54 SCHOOL LAWS OF INDIANA. in the aggregate the sum of one hundred thousand dollars, in antici- pation of the revenue, for building school-houses, to bear such rate of interest, not exceeding ten per cent, per annum, and payable at such time, within five years from date, as the Board may determine ; and the money obtained as a loan on any such bonds shall be dis- bursed by order of such Board, in payment of expenses incurred in building school-houses : Provided, That until all the bonds of any one issue shall have been redeemed, such Board shall not be authorized to make another issue; nor shall any such bonds be sold at a less rate than ninety-five cents on the dollar. Sec. 5. All levies of taxes made by order of the Board of School Commissioners shall be certified by its president and secretary to the City Clerk, who shall cause the same to be placed on the tax duplicate against all property assessed for city taxes; and the City Treasurer shall collect the same as city taxes are collected, and shall, once in each month, pay over all such taxes so collected to the treas- urer of the Board of School Commissioners of such city. All taxes hereafter collected by the County Treasurer for school purposes on levies hereafter made, and all moneys that may be hereafter distrib- uted as part of the Common School Fund by county officers, to which the Common Schools of such city shall be entitled, shall be paid over by the County Treasurer to the treasurer of the Board of School Commissioners; and all taxes hereafter collected by the City Treasurer on levies heretofore made for school purposes, shall bo paid over by such Treasurer, once in each month, to the treasurer of the Board [of] School Commissioners of such city. Sec. 6. Such Board of School Commissioners shall hold its ses- sions at such tinip as it may determine, and shall keep a record of all its proceedings. And the members of such Board shall serve without any compensation whatever. Sec. 7.* The Common Council of any city having a less popu- lation than thirty thousand inhabitants, may, by a majority vote of the members thereof, at any time, order the election of members of XL Board of School Commissioners, according to the provisions of this Act; which Board, when elected and organized, shall have all the powers, and shall perform all the duties required by the pro- visions of this Act, and shall supercede the Board of School Trustees "then in office. Sec. 8. All parts of the general School Laws of this State, not inconsistent herewith, and which may be applicable to the general system of Common Schools in such city, herein provided for, shall be in full force and effect in such city. And all provisions of the General School Laws inconsistent herewith be, and the same are lierebv, repealed, so far as the same are applicable to Common Schools "in any city having thirty thousand or more inhabitants. Sec. 9. [Declares an emergency,] ♦Unconstitutional, because of variance from title of Act. CITIES AND INCORPORATED TOWNS. 55 -■^il? A.CT supplemental to an Act entitled "An Act providing for a General System "«jS Common Sohoola in all Cities of thirty thousand or more inhabitants ; and for the Election of, a Board of School Commissioners for such Cities ; and de- fining their Buties and prescribing their Powers ; and providing for Common -SchoO'l Libraries wi'/hinsuch Cities," approved March 3, 1871. {Approted March 3, 1877.] { Section 1. Be it enacted by the General Assembly of the State of Indiana, That the Board of School Commissioners of any city em- braced within the jsrovisions of an Act entitled "An Act providing for a General System of Common Schools in all cities of thirty thou- sand or more inhabitants; and for the Election of a Board of School ■ Commissioners for siich Cities ; and defining their Duties and pre- • scribing their Powers; and providing for Common School Libraries within saeh Cities," a.'pproved March 3, 1871, may, whenever the funds for the support of the Common Schools in such city, through- *t)ut the regular school year, shall be insufficient or exhausted, make leoiporary loans for the support of such schools during such time, ■ and until the receipt of the school revenue of the current year ; but no more than is sufficient for such purpose, nor [more than] the r amount of such revenue for the current year, shall be borrowed ■ at any one time ; and no further loan shall be made until such ftemporaryi loan shall be paid. — • Sec. -2. [Declares an emergency.] -'AN ACT regulating the Indebtedness of Cities having a voting population of over sixteen thousand, as shown by the votes cast for Governor at the last preceding election ; authorizing the funding of the Indebtedness of such Cities in Bonds in certain eases ; prohibiting the creation of City Debt, except as therein author- ized, and prescribing the kind and amount that may be created ; limiting the amount of Taxes that may be levied by the Common Council and Board of ■ School Commissioners, respectively ; prescribing Penalties for certain Violations •of this Act; and repealing all Laws in conflict therewith; and declaring an : Emergency. [Approved February 13, 1877.] 'Section 3.* Be it further enacted, That it shall not be lawful 'for the Common Council of any city in this State having a voting population of over sixteen thousand, as shown by the votes cast for '^Governor at the last preceding election, to levy and assess a tax for any one year, exceeding in the aggregate ninety cents upon the one liiindred dollars returned for taxation upon the city tax duplicate "for the current year ; and it shall not be lawful for the Board of •* Section 3 of this Act is the only one referring to school matters. 66 SCHOOL LAWS OF INDIANA. School Commissioners of any such city to levy o> assess taxes for any one year, exceeding in the aggregate twenty cents on the hnn- dred dollars of property returned upon the city tax duplicate for the current year : Provided, horcever, In addition to the sum of twenty cents aforesaid, said Board of School Commissioners may levy a tax each year for the support of free libiaries, as now pro- vided by sub-section 3 of section 4 of " An Act providing for a Gen- eral System of Common Schools in all Cities of thirty thousand or- more inhabitants ; and for the election of a Board of School Com- missioners of such Cities; and defining their Duties and prescribing their Powers ; and providing for Common Schoi^l Libraries within such Cities," approved March 3, 1871. And so^much of any law a* requires the levy of a tax by the Common Council for a sinking fund, be, and the same is hereby, repealed as H such city ; and any money in the city treasury of such city on account of such sinking, fund may be appropriated by the City Council for general city- purposes, f PURDUE UNIVERSITY.* AN ACT authorizing the appointment of Students to Purdue University by the - Board of Commissioners of each County, and to provide for the admittance oiS such Scholars, and defining their Privileges therein. [Approved Maech 12, 1877.] Section 1. Be it enacted by the General Assembly of tM S(- ruary 16, 1852 ; defining the Powers and Duties of Township Trustees in relation- to Libraries established for the benefit and use of all the inhabitants of a Town- ship by Private Donation. [Appeoved March 29, 1879.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That in any township in which there has been or may hereafter be established, by private donation, a library of the value of one thousand dollars or more, for the use and benefit of all the inhabitants thereof, the Township Trustee of such township shall annually levy and collect not more than one cent on the one hun- dred dollars upon the taxable property within the limits of such township; which shall be paid to the trustees of such library, and applied by them to the purchase of books for said library. Sec. 2. [Declares an emergency,] AN ACT to establish Public Libraries in connection with the Common Schools iri all Cities of ten thousand and more inhabitants, and to define the Duties and Powers of Boards of School Trustees, etc., in relation thereto. [Approved March 7, 1881.] Section 1. Be it enacted by the General Assembly oj the State of Indiana, That in all cities of this State having ten thousand inhab- tants according to the United States census for the year eighteen PUBLIC LIBRARIES. 61 liundred and eighty, and in all cities which may hereafter have such population according to any State or National census hereafter to be taken, the Board of School Trustees, Board of School Coramission- •ers, or whatever Board may be established by law to take charge of the public or common schools of such city, shall have power, if iu their discretion they deem it to the public interest, to establish a free public library in connection with the Common Schools of such city, and to make such rules and regulations for the care, protection, and government of such library, and for the care of the books pro- vided therefor, and for the taking from and returning to said library •of such books, as said Board may deem necessary and proper, and to provide penalties for the violation thereof: Provided, That in any city where there is already established a library open to all the people, no tax shall be levied for the purpose herein named. Sec. 2. Such Board shall have power to levy a tax of not ex- oeeding one-third of a mill on each dollar of taxable property assessed for taxation in such city in each year ; which tax shall be placed on the tax duplicate of such city, and collected in the same manner as other taxes. And when said taxes are so collected, they shall be paid over to said Board for the support and maintenance of said public library. And such Board shall have power, and it shall be its duty, to disburse said fund and all reveniies derived from gift or devise, in providing and fitting up suitable rooms for such library, in the purchase, care, and binding books therefor, and in the payment of salaries to a librarian and other assistants. Sec. 3. Any such city in which a public library may be estab- lished in accordance with the terms of this Act may acquire by pur- •chase, or take and liold by gift, grant, or devise, any real estate necessary for, or which may be donated or devised for the benefit of, such library ; and all revenues arising therefrom, and the pro- ceeds of the same, if sold, shall be devoted to the use of said library. Sec. 4. [Declares an emergency.] AN ACT for the Incorporation of Public Libraries. [Approved April 7, 1881.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That whenever any number of persons, not less than seven, shall desire to associate themselves together for the purpose of establishing and maintaining a public library in any city or ^county in this State, for the general benefit and advantage of all the inhabitants of such city or county, it shall be lawful for such per- 62 SCHOOL LAWS OF INDIANA. sons to become incorporated under this Act in the manner herein- after provided. Sec. 2. Whenever any persons shall desire to become incorpor- ated under this Act, for the purposes aforesaid, they shall, by an. instrument in writing, set forth the objects of the association, the corporate name to be adopted, the names and places of residence of the incorporators, and a description of the corporate seal ; and they shall, also, in said instrument, provide the manner in which,, in case of the death, resignation, or removal for any cause, of any of the original incorporators, their successors shall be selected, so- that the number of members of such corporation shall never be less than the original number. They shall, also, proTide, in said instru- ment, what officers shall be elected by such corporation, and the time and manner of their election; and shall, also, provide therein^ generally, in what manner the business of said corporation shall be conducted. Which instrument shall be signed by all the proposed incorporators, and filed in the office of the Recorder of the county" in which such library or reading-room is proposed to be established. Sec. 3. Upon the filing of such instrument in the proper Recorder's office, it shall be the duty of the Recorder to record the same in the Miscellaneous Records of si\ch county; and from the time of the recording thereof, as aforesaid, the said association and their successors shall be deemed and held a corporation, and shall have, possess, and enjoy all the rights, powers, and privileges given to corporations by common law; to sue and be sued; to borrow money and secure the payment of the same by notes and mortgages, bonds, or deeds of trust, upon the personal or real estate of such association ; to purchase, rent, lease, hold, sell, and convey real estate estate for tlae benefit of such corporation ; and to erect and maintain suitable buildings for the purposes aforesaid and for other objects properly connected therewith. Such corporation shall, also, have the right and power to receive and accept donations, either of money- or real estate, either by gift or devise, and to hold, use, enjoy, mort-- gage, sell, or convey the same, for the benefit of such corporation,- in the manner provided in the deed or gift or devise by which the same was received. And the real estate and personal property of any such corporation which shall have established a public library for the purposes aforesaid, and shall have put the same into opera- tion, shall be exempt from taxation for State, county, and all municipal purposes, and shall remain exempt, as aforesaid, so long as the same is used exclusively for the general benefit of the inhab- itants of the city or county in which such library may be located. Sec. 4. Whenever any such corporation shall be established as in this Act provided, it shall be lawful, and such corporation shall have the power, to establish and maintain, in connection with its library, a gallery of art and public reading-rooms, and may also maintain, either in connection with its library building or separate therefrom, a public park. PUBLIC LIBRARIES. 63^ Sec. 5. NothiDg in this Act shall be so construed as to repeal any law now in force for the incorporation or regulation of public libraries. Sec. 6. [Declares an emergency.] APPKOPRIATION OF REAL ESTATE. AN ACT to provide for the Appropriation of Real Estate for School Purposes- [Approved April 16, 1881.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That whenever, in the opinion of Trustees of School Cor- porations or of the Township Trustee of any township in this State, it shall be considered necessary to purchase any real estate odj which to build a school-house, or for any other purpose connected therewith, such Township Trustee, or School Trustee, or a majority of them, may file a petition in the Circuit Court of said county y. asking for the appointment of appraisers to appraise and assess the- value of said real estate. Sec. 2. Upon said petition being filed — the owner or owners of said real estate having had ten days' notice of the pendency thereof — the court shall appoint three freeholders, resident in said school cor- poration or said township where said real estate is situate, to ap- praise and assess the value thereof. Sec. 3. Said appraisers, before making said assessment and ap- praisement, shall take an oath before the Clerk of said court ta make a fair, true, and honest appraisement of said real estate ; and shall then proceed to examine said real estate, hear such evidence- as they may consider necessary, and make report of their appraise- ment within five days after their appointment. Upon said report being filed, the owner or owners of said real estate may except to the same for any cause, and a trial thereon may be had in said court. When the value of said real estate is finally determined in said court, the Township Trustees or School Trustees may pay to- the Clerk of said court, for the use of the owner of said real estate,, the amount so determined ; and, upon payment thereof, the title to- said real estate shall vest in said school corporation for said purposes. Sec. 4. There being no law now in force authorizing school cor- porations or Township Trustees to appropriate property for school^ purposes, it is declared that an emergency exists for the immediate- taking effect of this Act ; it shall, therefore, take effect and be \m force i'rom and after its passage. M SCHOOL LAWS OF INDIANA. SCHOOL BUILDINGS AND GROUNDS. AN ACT to authorize Cities and Towns to negotiate and sell Bonds, to procure means with which to erect and complete Unfinished School Buildings, and to pur- chase any Ground and Building for School purposes, and to pay Debts con- tracted for such erection and completion and purchase of Buildings and Grounds ; and authorizing the Levy and Collection of an additional Special School Tax for the payment of such Bonds. [Approved March 8, 1873.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That any city or incorporated town in this State which shall, by the action of its School Trustee or Trustees, have purchased any ground and building or buildings ; or may hereafter purchase any ground and building or buildings ; or have commenced, or may hereafter commence, the erection of any building or buildings for school purposes; or which shall have, by its School Trustee or Trus- tees, contracted any debts for the erection of such building or build- ings, or the purchase of such ground and building or buildings ; and such Trustee or Trustees shall not have the necessary means with which to complete such building or buildings, or to pay for -the purchase of such ground and building or buildings, or pay such -debt; may, on the filing by the School Trustee or Trustees of said city or incorporated town of a report, under oath, with the Com- mon Council of such city, or the Board of Trustees of such incor- porated town, showing the estimated or actual cost of any such ground and building or buildings, or the amount required to com- plete such building or buildings, or purchase such ground and building or buildings, or the amount of such debt, on the passage of an ordinance authorizing the same by the Common Council of said city, or the Board of Trustees of such incorporated town, issue the bonds of such city or town to an amount not exceeding in the aggregate fifty thousand dollars, in denominations not less than one hundred nor more than one thousand dollars, and payable at any place that may be designated in the bonds — the principal in not less than one year nor more than twenty years after the date of such bonds, and the interest annually or semi-annually, as may be there- in provided — to provide the means with which to complete such building or buildings, or to pay for the purchase of such ground and building or buildings, and to pay such debt. And such Com- mon Council or Board of Trustees may, from time to time, nego- tiate and sell as many of such bonds as may be necessary for such purpose, in any place and for the best price that can be obtained therefor in cash : Promded, That such bonds shall not be sold at a ^price less than ninety-four cents on the dollar. SCHOOL BUILDINGS AND GROUNDS. 65 Sec. 2. The proceeds of the sales of such bonds shall be paid to the said School Trustee or Trustees, to enable them to erect or complete such building or buildings and pay such debt. But before payment to them, such School Trustees shall file with the County Auditor a bond, payable to the State of Indiana, in a sum not less than "the full amount of the said money so to be paid to them, and with security to be approved by said Auditor, conditioned for the faith- ful and honest application of such money to the purpose for which the same was provided ; and such Trustee or Trustees, and their surety or sureties, shall be liable to suit on such bond for any waste, misapplication, or loss of such money, in the same manner as now provided for waste or loss of school revenue. Sec. 3.* In addition to the levying the tax by cities or incor- porated towns for general purposes, now authorized by law, the Oommon Council of any such cities, and Boards of Trustees of any such incorporated towns as shall avail themselves of the provisions of this Act, are hereby authorized and required to levy, annually, a special additional tax, at the same time and in the same manner as other taxes of such city or town are levied, sufficient to pay the interest and principal of said bonds falling due ; which additional special tax shall be assessed and collected as the taxes for State and county revenue are assessed and collected. And the Treasurer of said city or town shall keep accurate account of the revenue arising from said special tax, and shall in his reports, when required by the city or town authorities, show the amount thereof received, the amount disbursed, and the amount thereof, if any, remaining delinquent. He shall pay out the same only by the authority of the Common Coun- «cil of said city or Board of Trustees of such town ; and shall permit the same to be applied to no other purpose than the payment of the principal and interest of such bonds ; and official bonds of City and Town Treasurers shall be construed to cover and include revenue arising from this source. Persons residing outside of any such city or town, and electing to be transferred to such town or city for ■educational purposes, or who shall send their children to the school taught in any such building, shall, with their property, be liable to «uch tax, as if they resided in such city or town, on all property owned by said person in the township where such city or town is located : Provided, always, That nothing in this Act shall be con- strued to prevent the School Trustee or Trustees of such town or city from admitting pupils into such schools from outside such city or town, in their discretion, upon the payment of tuition therefor, and without subjecting the property of their parents to such taxa-' tion, when such schools are not crowded and their admission shall, in no way, interfere with the progress of the children within such corporate city or town: And Provided, further, That the additional special tax, hereby authorized, shall not, in any one year, exceed ♦As ameuded March 11, 1875. 5 66 • SCHOOL LAWS OF INDIANA. fifty cents on any one hundred dollar* of taxable property and one- dollar on each poll. Sec. 4. All bonds issued, contracts made, and debts created^ pursuant to the Acts of March 11, 1867, and May 15,1869, relating- to the same subject as this Act, are hereby legalized and declared valid ; and the taxes to pay any such bonds, contracts, or debts, an. the interest thereon, shall be assessed and collected in accordanccr with this Act. Sec. 5. [Declares an emergency.] AN ACT supplemental to an Act entitled "An Act to authorize Cities and Towns; to negotiate and sell Bonds, to procure means with which to erect and complete Unfinished School Buildings, and to purchase any Grounds and Buildings for School purposes, and to pay debts contracted for such erection and completion,, and purchase of Buildings and Grounds ; and authorizing the Levy and Collec- tion of an Additional School Tax for the payment of such School Bonds," ap- proved March 8, 1873. [Approved Maech 20, 1879.] Section 1. Be it enacted by the General Assembly of the State of' Indiana, That before the School Trustee or Trustees of any incorpor- ated town or city in this State shall purchase any ground for school pur-- poses, or enter into any contract for the building of any school building or buildings, such School Trustee or Trustees shall file a statement withi the Trustees of such incorporated town, or Common Council of such city, showing the necessity for such purchase of ground, or the erection of such building or buildings, together with an estimate of the cost of such ground or building or buildings, and the amount of means necessary to be provided to pay for such ground or building or buildings. And such School Trustee or Trustees shall not purchase any ground, or enter into any contract for the build- ing of any school building or buildings, until such action be ap- proved by the Trustees of such incorporated town, or by the Com- mon Council of such city : Provided, hoicever, That there shall be- nothing in this Act so construed as to affect any purchase of grounds., or contract made for the erection of any building or buildings, foi; school purposes, prior to the taking eifect of this Act. Sec. 2. [Declares an emergency.] SCHOOL BUILDINGS AND GROUNDS. 67 AN ACT to authorize Incorporated Towns to negotiate and sell Bonds, to procure means with which to complete Unfinished Buildings for public purposes, and authorizing the Levy and Collection of an additional Special Tax for the pay- ment of such Bonds. [Approved February 25, 1875.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That any incorporated town in this State, which shall have heretofore, by the action of its Board of Trustees, commenced the erection of any public building, to be used as a market house, engine house, or for other public purposes, and shall not have the necessary means with which to complete such building, on the passage of an ordinance authorizing the same by the Board of Trustees of said incorporated town, [may] issue the bonds of such town, to an amount not exceeding in the aggregate ten thousand dollars, in denominations not less than fifty dollars nor more than five hundred dollars, and payable at any place that may be designated in the bonds— the principal in not less than one year nor more than ten years after the date of such bonds, and the interest annually or semi-annually, as may be therein provided, to provide the means with which to complete such building: Provided, That such bonds shall not be sold at a price less than ninety-four cents on the dollar, nor bear a greater rate of interest than eight per centum per annum. Sec. 2. The proceeds of the sales of such bonds shall be paid to the Treasurer of such incorporated town, to enable said Board of" Trustees to complete such building. But before payment to said Treasurer, he shall file with the Board of Trustees a bond, payable to the State of Indiana, in a sum not less than the full amount of the said money to be paid to him, and with security to be approved by said Board of Trustees, conditioned for the faithful and honest application of said money to the purpose for which the same was provided. Sec. 3. In addition to the levying the tax by incorporated towns for general purposes, now authorized by law, the Board of Trustees of any incorporated town which shall avail themselves of the pro- visions of this Act are hereby authorized and required to levy, annu- ally, a special additional tax at the same time and in the same man- ner as other taxes of such town are levied, sufficient to pay the interest of said bonds falling due; which additional special tax shall be assessed and collected as the taxes for State and county revenue are assessed and collected. And the Treasurer of said town shall keep accurate accounts of the revenue arising from such special tax, and shall in his reports, when required by the Board of Trustees, show the amount thereof, if any, remaining delinquent. He shall pay out the same only by the authority of the Board of Trustees of such town, and shall permit the same to be applied to no other purpose than Llrj i),iv::i Mt of tlio i)rir.c''ia] an'! interest o^ such bonds SCHOOL LAWS OF INDIANA. Provided, always, That the additional special tax, hereby authorized, shall not, in any one year, exceed fifty cents on each one hundred ■dollars of taxable property and one dollar on each poll. Sec. 4. [Declares an emergency.] -AN ACT to authorize Township Trustees to levy an additional Tax to the amount now authorized by Law, not exceeding Twenty-Five Cents on each One Hundred Dollars' worth of Taxable Property, in any one year, for the purpose of paying, satisfying, and liquidating Debts made and contracted by such Trustee, in the construction, repairing, or completing of School-Houses, and providing Furni- ture and School Apparatus therefor ; and declaring an Emergency, [Approved March 11, 1873.] Section 1. Be it enacted by the General Assembly of the State ©/ Indiana, That in all cases where any Township Trustee may have lieretofore made and contracted debts against any township in the con- struction, repairing, or completion of school-houses, or in providing furniture or school apparatus therefor, and the special school revenue tax, as provided for in section twelve (12) of an Act entitled "An Act to provide for a General System of Common Schools, the Offi- cers thereof, and their respective Powers and Duties, and matters properly connected therewith; and prescribing the Fees for certain Officers therein named ; and for the establishment and regulation of Township Libraries ; and to repeal all Laws inconsistent therewith ; providing Penalties therein prescribed," approved March 6, 1865, shall be insufficient to satisfy, pay, and liquidate debts so made and contracted by such Trustee, then, and in that case, it shall be kwful (and such Township Trustee is hereby authorized) to levy an addi- tional tax of not exceeding twenty-five cents on each one hundred dollars' w^orth of taxable property, in any one year, to the amount now authorized to be levied under said section twelve (12) of said Act, for the purpose of paying, satisfying, and liquidating the debts made and contracted by said Trustee, tor the purposes aforesaid; and it shall be lawful (and said Trustee is hereby authorized) to make said levy for each and every year after the passage of this Act, until said debts, made and contracted as aforesaid for the purposes aforesaid, shall be fully paid, satisfied, and liquidated: Provided, That nothing in this Act shall be construed to alter, change, modify, repeal, or in any way conflict with section twelve (12) of the Act above recited : And Provided, further. That such additional levy •shall only be made after the legal voters of the township to be affected thereby shall have declared in favor thereof. Sec. 2. [Declares an emergency.] SCHOOL BUILDINGS AND GEOUNDS. 69* AN ACT authorizing the School Trustees of a City or Incorporated Town to pay over to such City or Town surplus Special School Revenue, for the payment of Indebtedness created for School Building purposes, and legalizing acts where such surplus has been so appropriated. [Approved Maech 3, 1877.] Section 1 .* Be it enacted by the General Assembly of the State of Indiana, That it shall be the duty of the Board of School Trustees of any city or incorporated town in this State, to pay over to the Common Council or Board of School Trustees of such city or towa any surplus special school revenue in the hands of such School Trustees, not necessary to meet current expenses; such excess of the revenue aforesaid to be applied for the payment of the interest or principal, or both, of any indebtedness incurred under the provi- sions of the Act of March 8th, 1873, authorizing cities and incorpo- rated towns to negotiate and sell bonds to procure means to expect and complete unfinished school buildings, and to purchase any ground and building for school purposes, and to pay debts contracted for the erection and purchase of building and ground. Sec. 2. Where the excess of special school revenue not neces- sary to meet the current demand upon such revenue shall have been, prior to the passage of this Act, loaned, paid over, or applied^, as provided in the preceding section, such loan, payment, or appli- cation of such moneys is hereby legalized and made valid, as fully and completely as if, at the time such transaction took place, thi& Act had been in full force and effect. Sec. 3. [Declares an emergency.] AN ACT to authorize Township Trustees to issue and sell Bonds in certain cases, for the purpose of providing funds to build School-Houses in Unincorporated Towns; and providing under what conditions said Trustee may issue and sell such Bonds ; and declaring an Emergency. [Approved March 7, 1877.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That whenever any person shall give and [or] bequeath unto trustees any sum of money exceeding five thousand dollars, for the purpose of erecting a public school-building or seminary in any unincorporated town in this State, and upon the express or implied condition contained in said bequest that an amount equal thereto shall be raised by the citizens of said town or township for a like *As amended March 31, 1870. 70 SCHOOL LAWS OF INDIANA. ^purpose, the Township Trustee of said township in which said ^own is situated shall, upon the petition of a majority of the legal voters of said township, be authorized to prepare, issue, and sell the bonds of said township, to secure a loan not exceeding fifteen thou- sand dollars, in anticipation of the revenue for special school pur- poses, for the purpose of complying with the condition annexed to such gift or devise — said bonds to bear a rate of interest not ex- ceeding seven per cent, per annum, payable at such time, within seven years from date, as such Trustee may determine : Provided, That until all the bonds of any one issue shall have been redeemed, :such Township Trustee shall not be authorized to make another issue, nor shall any such bonds be sold at a less rate than ninety-five cents on the dollar. Sec. 2. The whole number of votes cast for candidates for Con- gress at the last preceding Congressional election in the township, shall be deemed to be the whole number of legal voters of such i;ownship, a majority of whose names shall be signed to the petition presented to such Township Trustee ; to which petition shall be attached the affidavit, or affidavits, as such Trustee may deem nec- essary, of a competent and credible person or persons that the sig- natures of all the names to said petition are genuine, and that the persons whose names are thereto signed are, as he believes, legal voters of such township. Sec. 3. The Township Trustee shall record such petition, to- gether with the names attached, in the record book of his township, and carefully file away and preserve said petition, and shall enter in such record a statement of the time when such petition was filed ; and if said Trustee shall then be satisfied that said petition contains the names of a majority of the legal voters of said township, he shall then prepare, issue, and sell bonds to the amount petitioned for in such petition, as provided in section 1 of this Act, and shall accurately keep a record of all proceedings in and about the issue and sale of such bonds, to whom, and for what amount sold, the rate of interest they bear, and the time when they become due. Sec. 4. [Declares an emergency.] AN ACT to entitle the Trustees of two or more adjacent Counties and Townships to form a new School District and to build a School-House therein ; and fixing the manner in which such expense shall be borne. [Appboved March 6, 1877.] Section 1. Be it enacted by the General Assembly of the State of Judicuia, That the Trustees of two vr uioie adjacent counties or [and] townships may establish a new school district, and build a school-house SCHOOL BUILDINGS AND GROUNDS. 71 ^therein at the joint expense of their several townships, whenever, in their judgment, it shall appear necessary for the better accommoda- tion of the people of their respective townships : Provided, That ■•such necessity must be set forth in a petition of the persons making the request — such petition to be presented to each of said Trustees. And said Trustees shall, at the time agreed upon by them, not less ithan ten days nor more than thirty days from the time of receiving such petition, hold a joint meeting, for the purpose of declaring whether such petition shall be granted, and take such further action as the case may require. Sec. 2. Each township shall bear such part of the expense of -establishing such joint district school as the number of children of school age residing in each township, and attaching themselves to said new district at the time of the formation, bears to the whole 'number of children of school age who are attached to said district at its formation ; and each township shall assume its share of the debt so incurred. But when said school shall be established, it shall be supported by the township in which it is established, in the man- iner already prescribed by law I Sec. 3. [Declares an emergency.] -iA.N JLCT to regulate the hanging of Doors to the Entrances to Theatres, Opera Houses, Public Halls, Museums, Churches, Colleges, Seminaries, and School Buildings. [Approved March 13, 1877.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That all theatres, opera houses, public buildings, museums, •churches, colleges, seminaries, and school buildings shall hang all doors for the purpose of ingress and egress thereto, so that the same shall swing outwardly : Provided That rooms in school-houses or churches where the scholars or meetings [are] assembled on the ground floor are exempt from the provisions of this Act. Sec. 2. That it is hereby made the duty of all managers, own- ■ers, lessees, trustees, and persons having charge of such buildings described in the first section of this Act to comply with the pro- visions therein contained, within sixty days from the approval of 'this Act. Sec. 3 . That all persons whose duty it may be to see that the sprovisions of this law are complied with, who shall fail or refuse to obey the same, shall be fined in any sum not exceeding one thousand ■dollars, and may be imprisoned in the county jail for any period not 'exceeding six months. Sec. 4. [Declares an emergency.] 72 SCHOOL LAWS OF INDIANA. SCHOOL LANDS. AN ACT declaring School Lands taxable after* they have been sold and before- deed is made, and legalizing all Assessment, Levy, and Collection of Taxes- heretofore made; and prohibiting the refunding of Taxes paid; declaring an Emergency ; and other matters connected with the subject of Taxation of School Lands. [Approved Febeuary 8, 1877.] Whereas, Under the laws as heretofore existing, congressional- school lands were not taxable until sold ; and a doubt has beert raised, where said lands have been disposed of and deed has not been delivered, at what time said lands shall be deemed to have been, or be, sold, so that they would become liable to taxation ; And Whereas, In cases where lands have been sold, part of the pay received, certificate of sale given, or record entry made thereof in the proper ofSce, as provided by law, and the purchaser has entered into possession, such lands have been deemed sold, have been assessed and appraised for taxation, and taxes have been lev- ied and collected as in cases of other lands subject to taxation;;: which assessment and levy and collection it is now claimed were unauthorized : Therefore, Section 1. Be it enacted by the General Assembly of the State of Indiana, That in all cases where school lands have been sold, and certificate has either been issued to the purchaser or entered of record in the proper office, or otherwise, so the purchaser entered into possession and paid part or the whole of the purchase money >,, or could have entered into occupancy, such sale shall be deemed and held a sale under the law, as much as it would be had a deed been made and delivered and the fee had been passed to the purchaser ;; and such lands shall be deemed and held as having been sold, so as to make them liable to taxation, within the meaning of the law, as fully and completely as they would have been had deed been deliv- ered. And all appraisements of lands so sold, and all assessments of the same for taxes, and all levies and collections of taxes there- on, heretofore made, shall be, and are hereby, legalized and declared to be lawful and valid, and shall in no wise be subject to question- by reason of such sale not having been consummated by execution and delivery of deed. Sec. 2. No Treasurer shall refund any taxes paid ; nor shall any Board of County Commissioners authorize the refunding or re-payment of any taxes so levied or collected ; nor shall any action be commenced or maintained in any court in this State ; nor shall' any court have jurisdiction to entertain any action brought tO' recover taxes so levied and collected, as being illegal by reason olO' SCHOOL LANDS. 7S: such lands not having been sold, in any case contemplated in the first section of this Act. Sec. 3. All school lands which may be sold shall be taxable from and after the sale and delivery of certificate, and as other- lands, without regard to the delivery of deed of conveyance. Sec. 4. All laws conflicting with the provisions of this Act are repealed. Sec. 5. Whereas, numerous claims are being made for return of" taxes in the counties of this State, on the pretended illegality re- ferred to in this Act, an emergency exists for the immediate taking; effect of this Act, and it shall be in force from and after its passage. AN ACT relating to Congressional Township School Lands and the Funds arising therefrom, in cases when Townships are divided by County Lines ; providing for Distribution of the Proceeds thereof; prescribing the Duties of County Aud- itors and other Officers relating [relative] thereto; fixing compensation of Aud- itors ; and other matters connected with the subject-matter of the Act ; and de- claring an Emergency. [Appeoved March 12, 1877.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That where county lines divide a congressional township,, the proper officer in the county in which the congressional school lands are situated, or would be situated if unsold, shall control such lands and the funds arising therefrom, as in this Act is provided. Sec. 2. When the enumeration is made of children, under the school laws, the Auditor of each county shall furnish to the Auditor of the other a statement showing the number of children in each congressional township; and to enable him to do this correctly, the person or officer making the enumeration shall correctly state the number of children in the congressional township so divided by county lines. Sec. 3. The Auditor of the county having control of the fund shall open an account with the other county as to each congressional township, and credit said other county with all money on hand, all securities for lands sold, and, if any lands be unsold, with the pro- ceeds when sold; and, from time to time, as money comes in, shall credit such county with such money — that is to say, shall divide such money pro rata on the basis of such enumeration, and enter the credit; and shall pay over such money, be it little or much, to the Treasurer of such other county, file his receipt with the Auditor,, and take a quietus; and so continue until the whole portion due such other county is paid over. Such payments shall be made quarterly, to correspond with the fiscal year. 74 SCHOOL LAWS OF INDL&.NA. Sec. 4. Such Auditor of the county controlling such lands and fund shall also open an account with such lands and Math the town- ship in his own county divided by county line, and shall debit and credit such accounts as he receives money or securities from sales or collections from lands forfeited and re-sold, and all expenses in full and regular order of entry and accounting, so he can tell, at any time, the condition of the lands, funds, and securities. He shall collect in, as fast as possible, all moneys outstanding, make proper distribution as per enumeration, and credit the proper account in said county, and continue to pay over to the other county, as above provided, until each county has its proper proportion of said funds. Sec. 5. The Auditor of such other county shall open an account ■with the proper township in his county, and credit such fund as fast as received ; and when in sufficient amount, shall loan the same as now required by law. Both Auditors shall make a statement of the condition of the fund annually, at the end of the proper fiscal 3-ear, and file one copy with the Superintendent of Public Instruc- tion, lay one before the County Commissioners (which latter shall be spread upon their record), and both shall be sworn to by the Auditor. Sec. 6. The process contemplated by this Act shall continue so long as any lands remain unsold, or any securities are uncollected, and until each county shall have become possessed of its proper share of such fund in money, when the accounts here required to be kept shall be closed and reported as aforesaid : Provided, That in the year 1890, and every two years thereafter, there shall be a Te-adjustment of said fund belonging to such congressional township, upon the basis of the number of children enumerated in each part of such congressional township, as hereinbefore provided ; and the Auditor having a surplus of such fund, according to such basis, shall pay to the Treasurer of the county interested the amount of money due said county upon the per -capita basis then existing. For the services here provided for, the Auditor shall be allowed the same fees for records, certificates, and other labor, as is allowed by law for -other similar services. Sec. 7. [Declares an emergency.] STATE NORMAL SCHOOL. 75 STATE NORMAL SCHOOL. AN ACT to create a State Normal School; and declaring an Emergency. [Approved December 20, 1865.] Section 1. Be it enacted by the General Assembly of the State «of Indiana, That there shall be established and maintained, as here- inafter provided, a State Normal School, the object of which shall foe the preparation of teachers for teaching in the Common Schools ■of Indiana. Sec. 2. In order to the establishment and maintenance of such a School, the Governor shall appoint, subject to the approval of the Senate, four competent persons, who shall, in themselves and in their successors, constitute a perpetual body corporate, with power to sue and be sued, and to hold in trust all funds and property which may be provided for said Normal School, and who shall be iinown and designated as the Board of Trustees of the Indiana State Normal School. The Superintendent of Public Instruction shall he, ex officio, member of this Board. Sec. 3. That two members of this Board shall retire, as may !£be] determined by lot or otherwise, in two years after their appoint- ment, and the remaining two in four years ; whereupon, the Gov- •«rnor, subject to the approval of the Senate, shall appoint, as afore- said, their successors for a period of four years. All vacancies occuring in said Board from death or resignation shall be filled by appointments made by the Governor. Sec. 4. Said Board of Trustees shall meet on the second Tues- day in January, 1866, at the office of the Superintendent of Public Instruction, and shall organize by electing one of their number president and one secretary, each for a term of two years ; and, at this or at a subsequent meeting, they shall elect some suitable per- son, outside of their number, as treasurer, who shall, before enter- ing on duty, give bond in such sum as they may prescribe. Sec. 5. Said Board shall, at its first meeting, open books to receive, from different parts of the State, proposals for donations of grounds and buildings, or funds for the procuring of grounds and erection of buildings, for said Normal School. Also, they may, if deemed needful, at this or a subsequent meeting, appoint one of their number, or other competent person, to visit different parts of the State and explain the nature and object of said Normal School, and to receive proposals of donations of buildings and grounds or of funds for the same. Sec. 6. Said Board shall locate said School at such place as shall obligate itself for the largest donation : Provided, first, That said donation shall not be less in cash value than fifty thousand 76 SCHOOL LAWS OF INDIANA. dollars; second, That such place shall possess reasonable facilities- for the success of said School. Sec. 7. Said Board shall, immediately after the selection of place- of location, proceed to let a contract or contracts for the erection of a building to the lowest responsible bidder : Provided, That no member of the Board be a contractor for building or for furnishing- any material therefor. Sec. 8. Said Board shall organize, in connection with the Normal School, in the same building with the Normal School or in a sep- arate building, as they shall decide, a Model School, wherein such pupils of the Normal School as shall be of sufficient advancement shall be trained in the practice of organizing, teaching, and managing schools. Sec. 9. Said Board shall prescribe the course of study for the Normal School; shall elect the instructors and fix their salaries;; and shall determine the conditions, subject to limitations hereinafter specified, on which pupils shall be admitted to the privileges of these- Schools. Sec. 10. The following conditions shall be requisite to admis- sion to the privileges of instruction in the Normal School : Fird. Sixteen years of age, if females, and eighteen, if males. Second. Good health. Third. Satisfactory evidence of undoubted moral character. Fourth. A written pledge on the part of the applicant, filed with* the principal, that said applicant will, so far as may be practicable,, teach in the Common Schools of Indiana a period equal to twice the time spent as a pupil in the Normal School ; together with such, other conditions as the Board may, from time to time, impose. Sec. 11. Tuition in the Normal School shall be free to all resi- dents of Indiana who fulfill the four conditions set forth in sectioa 10 of this Act and such other conditions as the Board may require. Sec. 12. A high standard of Christian morality shall be observed in the management of the school, and, as far as practicable, be incul- cated in the minds of the pupils; yet no religious sectarian tenets- shall be taught. Sec. 13. Said Board of Trustees shall, biennially, make a report, to the Legislature, setting forth the financial and scholastic condition of the Schools; also making such suggestions as, in their judgment,, will tend to the improvement of the same; and [in] the years in which there is no session of the Legislature, they shall make a report of the scholastic condition of these Schools to the Governor^ on or before the first Monday in January. Sec. 14.* The State Board of Education shall appoint, annually, in the month of June or at their first meeting thereafter, a commit- tee of three, who shall constitute a Board of A'^isitors, and shall, in a body or by one of their number, visit said School once during *As amended March 5, 1873. STATE NORMAL SCHOOL. 77 ■each term, and witness the exercises and otherwise inspect the con- dition of the School ; and, by the close of the Normal School year, they shall make a report to the Board of Trustees. The members of said Board of Visitors shall be allowed five dollars for each day's service rendered and also traveling expenses, to be paid out of the State Treasury. Sec. 15.* The Superintendent of Public Instruction shall, in his next apportionment of school revenue for the State, deduct seven thousand five hundred dollars (|7,500) ; and semi-annually there- after he shall deduct the same amount; which shall be set apart and be known and held as the Normal School Fund. These moneys shall be paid out only on the warrant of the Auditor, drawn on the £order of] the Board of Trustees. Sec. 16. The members of the Board of Trustees shall each be .allowed five dollars for each day's service rendered, also traveling •expenses, to be paid out of the State Treasury. Sec. 17. Said Board shall pay their treasurer and their agent, if such be appointed, as provided for in section fifth of this Act, ;such sums for their services as shall be reasonable and just. Sec. 18. [Declares an emergency.] .AN ACT to amend an Act entitled "An Act to create a State Normal School ; and declaring an Emergency," approved December 20, 1865; and adding Supplemental Sections thereto ; and providing for certain appropriations. [Approved March 5, 1873.] Sec. 1. Amends section 14 of Act of December 20, 1865. Sec, 2. The Board of Trustees are authorized to grant, from time to time, certificates of proficiency to such teachers as shall have ►completed any of the prescribed courses of study, and whose moral character and disciplinary relations to the school shall be satisfactory. And at the expiration of two years after graduation, satisfactory evidence of professional ability to instruct and manage a school having been received, they shall be entitled to a diploma appropri- ate to such professional degrees as the Trustees shall confer upon them ; which diplomas shall be considered sufficient evidence of qualification to teach in any of the schools of this State. Sec. 3. There shall be appropriated out of the State Treasury, from funds not otherwise appropriated, three thousand two hundred and six dollars and eighty-three cents (f 3,206.83), to liquidate the indebtedness of the Normal School ; also an amount annually, not exceeding two thousand dollars (f 2,000) in any one year, for warm- *As amended March 5, 1873. 78 SCHOOL LAWS OF INDIANA. ing, lighting, janitor's fees, repairs, and for actual expenses of said institution. Sec. 4. Amends section 15 of Act of December 20, 1865. Sec. 5. [Declares an emergency.] MISCELLANEOUS LAWS. AN ACT to authorize Township Trustees, Trustees of Incorporated Towns, and the Common Councils of Cities to levy a Tax for School purposes. [Appkoved Maech 9, 1867.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That the Trustees of the civil townships, the Trustees of incorporated towns, and the Common Councils of cities, shall have power to levy, annually, a tax not exceeding twenty-five cents on each one hundred dollars of taxable property and twenty-five cents on each taxable poll ; which tax shall be assessed and collected as the taxes for State and county revenue are assessed and collected. Notes. — The Trustees mentioned in the second phrase of this section are the Trus- tees of the town, not the School Trustees. The law does not prevent the Trustees from anticipating this tax. — (See Harney vs. Wooden, 30 Ind., 178.) This tax extends to the property and polls of persons transferred from one cor- poration to another. Sec. 2. The funds arising from such tax shall be under the charge and control of the same officers, secured by the same guaran- tees, subject to same rules and regulations, and applied and ex- pended in the same manner as funds arising from taxation for common school purposes by the laws of this State : Provided, That the funds assessed and collected in any civil township, incorporated town, or city shall be applied and expended in the same civil town- ship, incorporated town, or city in which such funds shall have been-, assessed and collected. MISCELLANEOUS LAWS. 79> AN ACT to limit the power of Township Trustee in incurring Debts, and requir- ing him to designate certain Days for transacting Township Business. [Appeoved March 11, 1875.] Section 1. Be it enacted by the General Assembly of the State of Indiana, That whenever it becomes necessary for the Trustee of any township in this State to incur, on behalf of his township, any debt or debts, whose aggregate amount shall be in excess of the fund on hand to which such debt or debts are chargeable and of the fund to be derived from the tax assessed against his township for the year in which such debt is to be incurred, such Trustee shall first procure an order from the Board of County Commissioners of the county in which such township is situated, authorizing him to con- tract such indebtedness. Sec. 2. Before the Board of Commissioners shall grant such order, the Township Trustee shall file, in the Auditor's office of his county, a petition setting forth therein the object for which such debt or debts are to be incurred, and the approximate amount re- quired; and shall make affidavit that he has caused notice to be given of the pendency of such petition, by posting notices in not less than five public places in his township, at least twenty days prior to the first day of the session of said Board. Sec. 3. Such Township Trustee shall designate certain days in each week or month, as may be required, in which he will attend to the business of his township, and cause notice thereof to be given to the inhabitants of such township ; and all contracts, audit- ing and payment of claims, shall be made only on such desig- nated days. AN ACT to authorize the Election of Women to School Offices. Approved April 14, 1881. Section 1. Be it enacted by the General Assembly of the State of Indiana, That any woman, married or single, of the age of twenty- one years and upwards, and possessing the qualifications presdi-ibed for men, shall be eligible to any office under the general or special school laws of the State. Sec. 2. That any woman elected or appointed to any office under the provisions of this Act, before she enters upon the discharge of the duties of the office, shall qualify and give bond as required by- law ; and such bond shall be binding upon her and her securities. -80 SCHOOL LAWS OF INDIANA. i^N ACT to protect Sheep Husbandry ; to regulate matters connected therewith ; to provide f®r registering, taxing, and killing Dogs. [Approved March 13, 1881.] [The following extract from the above entitled Act gives the only School Law provision contained therein :] Sec. 5. And provided further, That the fund provided for in section four of an Act of the General Assembly of this State upon this same subject, approved March 2, 1865, on hands with the several Township Trustees in this State, shall, when this Act shall become operative, be added to the fund created or to be created under the provisions of this Act ; and the claimants under the pro- visions of said Act of 1865 shall be entitled to payment, where the same has not already been made, out of such consolidated fund, in the order of their priority. And when it shall so happen on the first Monday of October of each year, in any township, that said fund shall accumulate to an amount exceeding fifty dollars over and above orders drawn against the same, the surplus above the said fifty dollars shall be paid and transferred to the school revenue of the itownship, and expended as a part thereof for tuition. i LIBRARY OF CONGRESS 020 312 015 1