fil l I III I I 'III SCHOOL I LAWS OF THE STATE OF OHIO WITH CITATIONS AND BLANK FORMS 1910 JOHN W. ZELLER STATE COMMISSIONER OF COMMON SCHOOLS OISIG OHIO SCHOOL LAWS IN FORCE MAY 23, 1910. BASED ON THE GENERAL CODE OF OHIO AS AMENDED TO DATE. BLANK FORMS AND DIRECTIONS TO SERVE AS A GUIDE FOR SCHOOL OFFICERS AND TEACHERS. COMPILED UNDER THE DIRECTION OF JOHN W. ZELLER STATE COMMISSIONER OF COMMON SCHOOLS COLUMBUS, OHIO: The F. J. Heer Printing Co. 19 10 D. or o. 0GT31 m PREFACE. This edition of the Ohio School Laws is issued in accordance with sections 356 and 357 of the General Code of Ohio, passed February 14, 1910. These sections makes it the duty of the Commissioner to have printed and distributed as many copies of the law as he deems necessary for the use of the school officers in the State, as often as any change in the laws is made of sufficient importance to require a re-publication and distribution thereof. The "New School Code" was adopted April 25, 1904, and the last issue of school laws was made July 12, 1906. That edition was ex- hausted when I came to the office. There are, at least, two reasons for the necessity of this new issue. The Codifying Commission, appointed three years ago, made its final report to the last session of the 78th General Assembly, which re- port was adopted February 14, 1910. This Commission, composed of three able men, in their arduous work of codification, found it necessary to re-classify the laws, to make clear and definite obscure and indefinite expressions, to cut up long sec- tions containing a half-dozen independent matters and place them in as many different sections, and to do other work which was necessary to make our laws more intelligible and more valuable to our people. The Commission succeeded admirably in this work. This re- classification is the second necessity for the present issue. Then, too, quite a number of new school laws and amendments have been added to our school laws, during the last four years, with which our school officials and teachers should be familiar. To facilitate the use of this edition you will find a table of contents at the beginning of this volume and a cross index at the close. You will also find valuable citations from the decisions of courts in this and other states, on many of the sections which throw much light on their meaning. For illustration, under Section 4750 which gives Boards of Education authority to make rules and regulations for the proper management of their schools, you will find sufficient court cita- tions to guide you safely in the matter of punishment and management of disobedient pupils. I deem it my duty to issue a sufficient number of copies so that not only the presidents and clerks of the boards of education may have copies, but that all other school officials and the superintendents of the city, village, and township districts may be supplied. I trust that school men will become more familiar with our school laws. It is one of the functions of the superintendent to ksep his board informed on school laws. He can render valuable service in many ways when he is familiar with the school code. This volume is sent forth in the hope that it will be helpful to school officials and teachers in the discharge of their duties. John W. Zeller, Commissioner. May 24, 19 10. TABLE OF CONTENTS PAGE Constitution of Ohio relating to Public Schools 7 PART FIRST— POLITICAl . Title I. Preliminary — Chapter I. General Provisions 11 Title III. Executive. Division I. Elective State Officers. Chapter 6. State Commissioner of Common Schools 13 Title IV. Judicial. Chapter 8. Juvenile Court 17 Title XIII. Public School Districts. Chapter 1. Classification of Districts 29 Chapter 2. City School Districts 34 Chapter 3. Village School Districts 37 Chapter 4. Township School Districts 33 Chapter 5. Special School Districts 42 Chapter 6. Boards of Education 45 Chapter 7. Treasurer and Clerk 54 Title XIV. Public Elections ' 60 PART SECOND - CIVIL. Title V. Public Schools. Chapter 1. School Funds : 65 Chapter 2. School Houses and Libraries 77 Chapter 3. Schools and Attendance 87 Chapter 4. Compulsory Education H7 Chapter 5. Reports ' 126 Chapter 6. Enumeration ' 12 9 Chapter 7. Examiners 133 Chapter 8. Teachers' Institutes 148 Chapter 9. Teachers' Pensions 252 Chapter 10. Normal Schools ' [ 157 Chapter 11. Colleges and Universities 160 Chapter 12. Schools Specially Endowed 179 Title IX. Private Corporations. Division VI. Corporations not for Profit. Chapter 3. Educational 182 Appendix. Forms and Instructions ±gg House Bill No. 64 214 lNDEX 215 CONSTITUTION OF OHIO RELATING TO PUBLIC SCHOOLS ARTICLE I. Section 7. * * * Religion, morality and knowl- o f the rights edge, however, being essential to good government, it shall SUcessityTof 6 ' be the duty of the general assembly to pass suitable laws ^Sg^ 6 to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction. "The system of public education in Ohio is the creature of the Con- stitution and statutory laws of the state. It is left to the discretion of the general assembly in the exercise of the general legislative power conferred upon it (Art. II, § 1), to determine what laws are 'suitable' to secure the organization and management of the contemplated system of common schools, without express restriction, except that 'no religious or other sect or sects shall ever have any exclusive right to, or control of, any part of the school funds of this state.' " 21 O. S., 198-205; Day, J. The compulsory education law comes within this section. 5 C. C, 645. ARTICLE II. uniform operation. Section 26. All laws of a general nature, shall have Laws having a uniform operation throughout the state; nor, shall any act, except such as relates to public schools, be passed, to take effect upon the approval of any other authority than the general assembly, except, as otherwise provided in this Constitution. ARTICLE VI. Section i. The principal of all funds, arising from Funds for ed . the sale, or other disposition of lands, or other property, "^i. 0031 and , . , . P • 1 1 religious pur- granted or intrusted to this state for educational and poses. religious purposes, shall forever be preserved inviolate and undiminished ; and, the income arising therefrom, shall be faithfully applied to the specific objects of the original grant, or appropriations. Section 2. The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the state; but no religious or other sect, or sects, shall ever have any exclusive right to, or control of, any part of the school funds of this state. Religious instruction, or the reading of the Bible in the public schools, is not required by the Constitution. The board of education have the sole management of the schools, and the courts cannot direct what instruction shall be given or what books read. 23 O. S., 211. A requirement of a board of education that the Bible be read in the schools as an opening exercise cannot be interfered with by the courts, and is not in violation of any constitutional rights. 1 N. P.. 140. It is an unlawful diversion of the school funds of the state of Ohio for a board of education to authorize the teaching of religion as a regular branch of study. Attorney General. School funds. S CONSTITUTION OF OHIO RELATING TO PUBLIC SCHOOLS. ARTICLE XII. Taxation by Section 2. Laws shall be passed, by taxing by a uniform rule, uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true valne in money; but burying grounds, public school houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for any public purpose, and personal property, to an amount not exceeding in value two hundred dollars, for each individ- ual, may, by general laws, be exempted from taxation ; but all such laws shall be subject to alteration or repeal; and the value of all property, so exempted, shall, from time to time, be ascertained and published, as may be directed "by law. School property is not liable to assessment for street improvement; nor can a judgment be rendered against the board of education for the payment of the assessment out of its contingent fund. . 48 O. S., 83. Sidewalk — School property not assessable for. 48 O. S., 87. PART FIRST POLITICAL 9 TITLE I. PRELIMINARY CHAPTER 1. .GENERAL PROVISIONS. INTERPRETATION OF STATUTES. Section 27. In the interpretation of parts first and second, unless the context shows that another sense was intended, the word "bond" includes an "undertaking", and the word "undertaking" includes a "bond" ; "and" may be read "or", and "or" read "and", if the sense requires it; words of the present include a future tense, in the masculine, include the feminine and neuter genders, and in the plural include the singular and in the singular in- clude the plural number ; but this enumeration shall not be construed to require a strict construction of other words in such parts, or in this code. (R. S. Sec. 23.) A construction which gives effect to every section and cliuse must be favored. 1 O., 381, 385; 2 O., 3!).', 398; 17 O. S., 52, 63; 3 O., 187, 193; 5 O., 147, 151. "A statute should be so construed that the several parts will not only accord with the general intent of the legislature, but also harmonize with each other; and a construction of a particular clause, that will destroy or ren- der useless any other provision of the same statute, can not be correct." 3 O., 187, 193; 2 O., 395, 39S; 5 O., 48, 51. What is plainly implied in a statute is as much a part of it as what is expressed. 50 O. S., 3S0. The ordinary and natural import of words consistent with the com- mon sense of the community is to be adopted in arriving at legislative intent. 5 O., 65, 71; 25 O. S., 26, 28. In considering questions arising under the school legislation of the state, such construction should be placed upon its various enactments, and the several provisions thereof, as will give harmony to our educational system, and secure, as far as practicable, its equal benefits, and the reasonable facilities for the enjoyment to every locality. 21 O. S., 339. Penal statutes must be construed strictly, and cannot be extended by implication to cases not strictly within their terms. 20 O., 7; 18 O., 11; 38 O. S., 659; 44 O. S., 347. While the opinion of the state commissioner of common schools cannot have the force of a judicial interpretation, it is of great force as the opinion of an eminent educator, who was at the head of the school system of the state, and presumably familiar with the necesities of the schools. 2 C C, 366; Stewart, T. Interpretation of certain words. FLAG, EMBLEM, COAT OF ARMS. Section 28. The flag of the state of Ohio shall be official flag pennant shaped. It shall have three red and two white of state - horizontal stripes; the union of the flag shall be seventeen five-pointed stars, white, in a blue triangular field, the base of which shall be the staff end or vertical edge of the flag, and the apex of which shall be the center of the middle red stripe. The stars shall be grouped around a red disc superimposed upon a white circular "O". The proportional dimensions of the flag and of its various parts shall be according to the official design thereof on file in the office of the secretary of state. (95 v. 445.) 11 12 GENERAL PROVISIONS. Floral emblem Section 29. The scarlet carnation is hereby adopted of the state. ag t | ie state fl ower f Ohio as a token of love and rev- erence for the memory of William McKinley. (97 v. 631.) Device of coat Section 30. The coat of arms of the state of Ohio the a state° f shall consist of the following device: A shield, in form, a circle; on it, in the foreground, on the right, a sheaf of wheat; on the left, a bundle of seventeen arrows, both standing erect ; in the background, and rising above the sheaf and arrows, a mountain range, over which shall ap- pear a rising sun. (R. S. Sec. 15.) TITLE III. EXECUTIVE DIVISION I. ELECTIVE STATE OFFICERS CHAPTER 6. STATE COMMISSIONER OF COMMON SCHOOLS. Section 352. State commissioner, term, office. 353. Bond, amount, where deposited. 354. Duties. 355. School funds, supervision; reports. 356. School laws, collation, distribution. 357. Forms for reports, instructions. 358. Arbor day manual. 359. Private schools, reports required. 360. Annual report to the governor, contents. 361. School funds, fraudulent use of, investi- Sbction gation. 362. Examiner, appointment, powers and du- ties. 363. Duty of certain officers in such examina- tion. 364. Report of examiner. 365. Stenographer for examiner. £66. Compensation and mileage of commis- sioner. 367. Duty of judge and prosecuting attorney. Bond Section 352. There shall be elected biennially a state commis- state commissioner of common schools who shall hold his mon^hooiT office for a term of two years, commencing on the second election and Monday of July following his election. He shall have an office in the state house, in which the books and papers pertaining to his office shall be kept. (R. S. Sec. 354.) Section 353. Before entering upon the discharge of the duties of his office, the state commissioner of common schools shall give a bond to the state in the sum of five thousand dollars, with two or more sureties approved by the secretary of state, conditioned for the faithful dis- charge of the duties of his office. Such bond, with the approval of the secretary of state and the oath of office indorsed thereon, shall be deposited with the treasurer of state and kept in his office. (R. S. Sec. 355.) Section 354. The state commissioner of common schools shall give attendance at his office not less than ten months each year, except when absent on official duty. While holding such office he shall not perform the duties of teacher or superintendent of a public or private school, or be employed as teacher in a college or hold any other office or position of employment. Each year he shall visit each judicial district of the state, superintend and en- courage teachers' institutes, confer with boards of educa- tion and other school officers, visit schools and deliver lectures on topics canculated to subserve the interests of popular education. (R. S. Sees. 356, 357.) Section 355. The state commissioner of common schools shall have such supervision of the school funds of the state as is necessary to secure their safety and dis- tribution as provided by law. He may require of auditors and treasurers of counties, boards of education, clerks and treasurers of such boards, and other local school officers, 13 Duties of com- missioner. Supervision of school funds and reports. '4 STATE COMMISSIONER OF COMMON SCHOOLS. Distribution of school laws. Shall prescribe forms. copies of all reports made by them in pursuance of law. He may also require of such officers any other information he deems proper in relation to the condition and manage- ment of schools and school funds. (R. S. Sec. 358.) Section 356. The state commissioner of common schools shall collate the .laws relating to schools and teach- ers' institutes, provide an appendix of forms and instruc- tions for their execution, and cause as many copies thereof as may be necessary to be printed in a separate volume and distribute them among the counties of the state for the use of school officers. He may revise, re- publish and distribute such laws as often as changes are made in them which in his opinion are of sufficient im- portance to require it. (R. S. Sec. 360.) As to the force and effect of instructions printed in a book prepared in pursuance of this section, see 2 C. C, 366. Section 357. The state commissioner of common schools shall prescribe suitable forms and regulations for the reports and other proceedings required by the school laws, with such instructions for the organization and gov- ernment of schools as he deems necessary, and transmit them to the local school officers, who shall be governed thereby in the performance of their duties. (R. S. Sec. 359-) Section 358. The state commissioner of common schools shall issue each year a manual for arbor day ex- ercises. The manual shall contain matters relating to for- estry and birds, including a copy of such laws relating to the protection of song and insectivorous birds as he deems proper. He shall transmit copies of the manual to the superintendents of city, village, special and township schools and to the clerks of the boards of education, who shall cause them to be distributed among the teachers of the schools under their charge. On arbor day, and other days when convenient, the teachers shall cause such laws to be read to the scholars of their respective schools and shall encourage them to aid in the protection of such birds. (97 v. 470 § 14.) Section 359. Each year the state commissioner of Private 8 r ° m common schools shall require a report of the president, manager or principal of each seminary, academy or private school. The report shall be made upon blanks furnished by the commissioner and contain a statement of such facts as he prescribes. The president, manager or principal shall fill up and return the blanks within a time fixed by the com- missioner. (R. S. Sec. 363.) Arbor day manual. schools Annual report of commis- sioner. Section 360. The state commissioner of common schools shall make an annual report to the governor, which shall contain a statement of the amount and condition of the funds and property appropriated for purposes of ed- ucation ; the number of common schools in the state, the number of scholars attending such schools, their sex and STATE COMMISSIONER OF COMMON SCHOOLS. 15 the branches taught; the number of private or select schools in the state, so far as can be obtained, the number of scholars attending such schools, their sex and the branches taught; the number of teachers' institutes, the number of teachers attending them, the number of instructors and lecturers employed therein and the amount paid to each; the estimates and accounts of expenditures of the public school funds, plans for the management and improvement of common schools, and such other information relative to the educational interests of the state as the commissioner deems important. (R. S. Sees. 361, 362.) Provisions for printing report, see Sec. 2268. As to the duty of county auditors in transmitting abstracts of school statistics to state commissioner of common schools, see Sec. 7789. Section 361. When three or more resident taxpay- ers of a school district have reason to believe that any portion of the school funds of the district has been un- lawfully expended or misapplied by the officers thereof, or that fraudulent entries have been made by an officer in the books, accounts, vouchers, or settlement sheets of the district, or that an officer has not made settlement of his account as required by law, they may make complaint thereof in writing, verify it by the affidavits of at least three such taxpayers, with the certificate of the auditor of the county that they are taxpayers attached, and file such complaint with the state commissioner of common schools. (R. S. Sec. 364.) Section 362. Upon the filing of the complaint, or when for other cause he deems it necessary, the state com- missioner of common schools shall appoint an examiner to investigate the condition of the school funds of a dis- trict. The examiner shall be a trustworthy and compe- tent accountant and shall have authority to summon wit- nesses before him forthwith upon written notice and ex- amine them under oath administered by him. He shall be sworn by a person authorized by law to administer oaths, and shall forthwith visit the school district, take possession of the books, papers, vouchers and accounts thereof and begin such investigation. (R. S. Sees. 364, 365-) Section 363. On application of the examiner, the of- ficers of the school district shall immediately place in his possession the books, accounts, contracts, vouchers and others papers relating to the receipts and expenditures of the school funds. The auditor and treasurer of the county shall afford the examiner free access to the records, books, papers, vouchers and accounts of their respective offices relating to the subject of the investigation. (R. S. Sec. 365.) Section 364. After completing an investigation, the examiner shall make a report in writing in duplicate show- ing the condition of the books, vouchers and accounts of the district, the amount of school funds received for all pur- poses and from what sources, the amount thereof expended Complaint of fraudulent use of school funds. Appointment of examiner, his qualifica- tions, powers and duties. Duty of cer- tain officers in case of examination. Report of examiners. i6 STATE COMMISSIONER OF COMMON SCHOOLS. Stenographer for examiner. Compensation and mileage of examiner. Duty of judge and prosecut- ing attorney. and for what purposes and the amount in the treasury. The examiner shall file one copy of the report in the office of the clerk of the court of common pleas of the county in which the district is located, and transmit the other to the state commissioner of common schools. (R. S. Sec. 365.) Section 365. With the written consent of the pros- ecuting attorney or a judge of the court of cornmon pleas of the county in which the school district is located, the examiner may require the services of the official court sten- ographer of the county to aid him in making such exam- ination ; but the stenographer shall receive no compensation for such service in addition to the compensation provided for him by law. (R. S. Sec. 364.) Section 366. The examiner shall receive live dollars for each day necessarily engaged in the performance of his duties and five cents for each mile of necessary travel not exceeding the distance from the seat of government to the school district. The compensation and mileage of the ex- aminer shall be paid from the county treasury upon the warrant of the county auditor. If the complaint or other cause be sustained, the amount so paid shall be assessed by the county auditor upon the taxable property of the school district and collected as other taxes. (R. S. Sec. 365.) Section 367. A judge of the court of common pleas of the proper county shall examine the report of the ex- aminer filed with the clerk, and, if it appear therefrom that any part of the school funds has been unlawfully used or misapplied, or that there has been fraud in the entries, accounts, vouchers, contracts or settlements, or that the settlements have not been made as required by law ; or, if it appear therefrom that there has been defalcation or embezzlement by an officer of such district, he shall give the report specially in charge to the grand jury at the term of court following the filing of the report. The prosecut- ing attorney of the county shall forthwith prosecute such proceedings, civil or criminal, or both, as are authorized by law. against the delinquent officer or officers. (R. S. Sec. 366.) TITLE IV. JUDICIAL CHAPTER 8. l'\ F.NILE COURT. Section 1G39. What courts lo have powers and juris- diction. Seal. Appearance docket and journal. Jurisdiction. When jurisdiction terminates. "Delinquent child" defined. "Dependent child" defined. "Proper parental care" defined. Affidavit. Citation, warrant, contempt 1640. 1641. 1642. 1643. 1644. 1645. 1646. 1647. 1648. 1649. 16.50. 1651. 1652. 1653. 1654. 1655. 1656. 1657. 1658. 1659. 1660. 1661. Special room for juvenile court. Hearing. Jury trial; costs. Judge may commit child to care of pro- bation officer, etc. Judge may commit child to care of suitable person. Aiding or abetting delinquency; penalty. Failure or neglect to support, penalty. Workhouse sentence, provisio of. Commitment in county jail, etc. Citation after hearing. Transfer of case to juvenile judge. Writs, to whom issued. Expense, how paid. Section 1662. Probation officers, appointment, compen- sation. 1663. Duties and powers of probation officers. 1C64. Prosecuting attorney, duty of. m5. Bail. 1666. Suspension of sentence. 1667. Forfeit of bond. 1668. Error proceedings. 1669. Findings, not lawful evidence. 1670. Detention home, how established and conducted. 1671. Expenses of detention home. 1672. Child becomes a ward, when. 1673. May agree with incorporated institution for care of child. L674, Agent of certain institutions,' duties ol. 1675. Board of state charities, duties of. L676. Articles of incorporation to be approved by board of state charities. lf>77. Associations of other states. II 78, Penalty. I-'eligious belief. How chapter construed as to industrial schools. When child is charged with felony. Fees and costs, how paid. 1 hapter to be liberally construed. Section 1639. Courts of common pleas, probate courts, and insolvency courts and superior courts, where established, shall have and exercise, concurrently, the pow- ers and jurisdiction conferred in this chapter. The judges of such courts, at such times as they determine, shall des- ignate one of their number to transact the business arising under such jurisdiction. When the term of the judge so designated expires, or his office terminates, another des- ignation shall be made in like manner. (99 v. 192 § 1.) Section 1640. . The seal of the court, the judge of which is designated to transact such business, shall be at- tached to all writs and processes. (99 v. 192 § 2.) Section 1641. The clerk of the court of the judge ex- ercising the jurisdiction shall keep an appearance docket and a journal, in the former of which shall be entered the style of the case and a minute of each proceeding and in the latter of which shall be entered all orders, judgments and findings of the court. (99 v. 192 § 3.) Section 1642. Such courts of common pleas, probate courts, insolvency courts and superior courts within the provisions of this chapter shall have jurisdiction over and with respect to delinquent, neglected and dependent minors, under the age of seventeen years, not inmates of a state in- stitution, or any institution incorporated under the laws of 2 s. l. 17 What courts to have pow- ers and juris- diction. Seal. Appearance docket and journal. lurisdiction. juris diction ter- minates. 1 8 JUVENILE COURT. the state for the care and correction of delinquent, neglected and dependent children, and their parents, guardians, or any person, persons, corporation or agent of a corporation responsible for or guilty of causing, encouraging, aiding, abetting or contributing toward the delinquency, neglect or dependency of such minor. (99 v. 192 § 4.) when juris- Section 1643. When a child under the age of seven- teen years comes into the custody of the court under the provisions of this chapter, such child shall continue for all necessary purposes of discipline and protection, a ward of the court, until he or she attains the age of twenty-one years. The power of the court over such child shall con- tinue until the child attains such age. (99 v. 192 § 4.) "Delinquent Section 1 644. For the purpose of this chapter, the child" de- words "delinquent child" includes any child under seven- teen years of age who violates a law of this state or city or village ordinance, or who is incorrigible ; or who know- ingly associates with thieves, vicious or immoral persons ; or who is growing up in idleness or crime; or who know- ingly visits or enters a house of ill repute ; or who knowingly patronizes or visits a policy shop or place where any gam- bling device is, or shall be, operated; or who patronizes or visits a saloon or dram shop where intoxicating liquors are sold ; or who patronizes or visits a public pool or bil- liard room or bucket shop; or who wanders about the streets in the night time; or who wanders about railroad yards or tracks, or jumps or catches on to a moving train, traction or street car, or enters a car or engine without lawful authority ; or who uses vile, obscene, vulgar, profane or indecent language ; or who is guilty of immoral conduct ; or who uses cigarettes ; or who visits or frequents any theater, gallery or penny arcade where lewd, vulgar or in- decent pictures are exhibited or displayed. A child com- mitting any of the acts herein mentioned shall be deemed a juvenile delinquent person, and be proceeded against in the manner hereinafter provided. (99 v. T92 § 5.) "Dependent Section 1645. For the purpose of this chapter, the fined" de ' words "dependent child" shall mean any child under seven- teen years of age who is dependent upon the public for support ; or who is destitute, homeless or abandoned ; or who has not proper parental care or guardianship ; or who begs or receives alms ; or who is found living in a house of ill fame, or with any vicious or disreputable persons ; or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such child ; or whose environment is such as to warrant the state, in the interest of the child, in assuming its guardianship. (99 v. 193 § 6.) "Proper pa- Section 1646. A child within the provisions of this rental care" chapter whose parents or guardian permits it to use or be- come addicted to the use of tobacco, or intoxicating liquors as a beverage and not for medicinal purposes, or whose JUVENILE COURT. 19 Affidavit.. Citation, war- rant, con- tempt. parents or guardian rears, keeps or permits it in or about a saloon or place where intoxicating liquors are sold, or a gambling house or place where gambling is practiced or carried on, or a house of ill fame or ill repute, shall be deemed to be without proper parental care or guardianship. The word "child" or "children" may mean one or more children and includes males and females/ The word "parent" may mean one or both parents when consistent with the intent of this chapter. The word "minor" means child. (99 v. 193 § 6.) Section 1647. Any person having knowledge of a minor under the age of seventeen years who appears to be either a delinquent, neglected or dependent child, may file with the clerk of the court of the judge exercising the jurisdiction, an affidavit, setting forth the facts, which may be upon information and belief. (99 v. 193 § 7.) Section 1648. Upon filing of the affidavit, a citation shall issue, requiring such minor to appear, and the person having custody or control of the child or with whom it may be, to appear with the minor, at a time and place to be stated in the citation; or the judge may in the first in- stance issue a warrant for the arrest of such minor or for any person named in the affidavit and charged therein with having abandoned, or charged therein with neglect of or being responsible for or having encouraged, aided or abetted the delinquency or dependency of such child. A parent, guardian, or other person net cited may be sub- poenaed to appear and testify at the hearing. Any on^ cited or subpoenaed to appear who fails to do so may be punished as in other cases in the common pleas court for contempt of court. When a person charged with violating a provision of this chapter shall have fled from justice in this state, such judge shall have all the powers of a mag- istrate under the laws of this state relating to fugitives from justice. (99 v. 193 § 8.) Section 1649. The county commissioners shall pro- Special room vide a special room not used for the trial of criminal cases, court!^ 6 "^ when avoidable, for the hearing of juvenile cases. (99 v. J 94 § 9-) Hearing. Section 1650. On the day named in the citation or upon the return of the warrant of arrest, or as soon there- after as may be, the judge shall proceed, in a summary manner to hear and dispose of the case, and the person arrested or cited to appear may be punished in the manner hereinafter provided. (99 v. 194 § 10.) Section 165 i. A person charged with being re- sponsible for or with causing, aiding or contributing to the cost's, delinquency, dependency or neglect of a child, arrested or cited to appear before such court, at any time before hear- ing, may demand a trial by jury, or the judge upon his own motion may call a jury. The statutes relating to the draw- jury trial; 20 JUVENILE COURT. Judge may commit child to care of probation of- ficer, etc. Judge may commit child to care of suitable per- son. ing and impaneling of jurors in criminal cases in the court of common pleas, other than in capital cases, shall apply to such jury trial. When a jury trial is demanded, or when ordered by him, the judge shall issue a precipe to the clerk of the common pleas court, who shall thereupon proceed to draw from the jury wheel, as in other criminal cases, and issue the venire to the sheriff of the county for the persons whose names are so drawn, who shall serve and return it as in other cases. The compensation of the jurors, and the costs of the clerk and sheriff shall be taxed and paid as in other criminal cases in the common pleas court. (99 v. 194 § 11.) Section 1652. In case of a delinquent child the judge may continue the hearing from time to time, and may com- mit the child to the care or custody of a probation officer, and may allow such child to remain at its own home, subject to the visitation of the probation officer, and subject to be returned to the judge for further or other proceedings whenever such action may appear to be necessary ; or the judge may cause the child to be placed in a suitable family home, subject to the friendly supervision of a probation officer, and the further order of the judge, or he may authorize the child to be boarded in some suitable family home in case provision be made by voluntary contribution or otherwise for the payment of the board of such child, until suitable provision be made for it in a home without such payment; or the judge may commit such child, if a boy, to a training school for boys, or, if a girl, to an in- dustrial school for girls, or commit the child to any in- stitution within the county that may care for delinquent children, or be provided by a city or county suitable for the care of such children, or to the boys' industrial school, or where it appears upon the hearing that such delinquent child is sixteen years of age, or over, and has committed a felony, to the Ohio state reformatory; or to any state institution which may be established for the care of delin- quent boys, or, if a girl over the age of nine years, to the girls' industrial home or to any state institution which may be established for the care of delinquent girls. In no case shall a child, committed to such institution be confined under such commitment after attaining the age of twenty-one years. A child committed to such institution shall be sub- ject to the control of the trustees thereof, who shall have power to parole such child on such conditions as it may prescribe, and, on the recommendation of the trustees, the superintendent shall have power to discharge such child from custody; or the judge may commit the child to the care and custody of an association that will receive it, embracing in its objects the care of neglected or dependent children, if duly accredited as hereinafter provided. (99 v. 194 § 12.) Section 1653. When a minor under the age of seven- teen years is found to be dependent or neglected, the judge may make an order committing such child to the care of JUVENILE COURT. 21 some suitable state or county institution, or to the care of some reputable citizen of good moral character, or to the care of some training school or an industrial school, as provided by law, or to the care of some association will- ing to receive it, which embraces within its objects the pur- poses of caring for or obtaining homes for dependent, neglected or delinquent children or any of them, and which has been accredited as hereinafter provided. When the health or condition of the child shall require it, the judge may cause the child to be placed in a public hospital or institution for treatment or special care, or in a private hospital or institution which will receive it for like purposes without charge. (99 v. 195 § 13.) Section 1654. Whoever aids, abets, induces, causes, encourages or contributes toward the delinquency of a minor under the age of seventeen years, as herein defined, shall be fined not less than ten dollars nor more than one thousand dollars or imprisoned not less than ten days nor more than one year, or both. Each day of such contribu- tion to such delinquency shall be deemed a separate offense. If in his judgment it is for the best interest of a delinquent minor under the age of seventeen years, the judge may impose a fine upon such delinquent not exceeding ten dol- lars, and he may order such person to stand committed until fine and costs are paid. (99 v. 195 § 14.) Aiding or abetting de- linquency; penalty. Section 1655. Whoever is charged by law with the care, support, maintenance or education of a minor under the age of seventeen years, and is able to support or con- tribute toward the support or education of such minor, fails, neglects, or refuses so to do, or who abandons such minor shall be fined not less than ten dollars nor more than five hundred dollars, or imprisoned not less than ten days nor more than one year, or both. Such neglect, non-support or abandonment snail be deemed to have been committed in the county in which such minor may be at the time of such neglect, non-support or abandonment. Each day of such failure, neglect or refusal shall constitute a separate offense, and the judge may order that such person stand committed until such fines and costs are paid. (99 v. 196 § 15O . Section 1656. When a person is convicted and sen- tenced under this chapter for the abandonment of or for the neglect of or failure to maintain or support a minor, to imprisonment in a workhouse, the county from which such prisoner is so sentenced, shall pay from the general revenue fund, forty cents, for each day such prisoner is so confined, to the chief probation officer of such county, to be by him expended, under the direction of the judge, for the maintenance of the dependent minors of such prisoner, of which expenditure such officer shall make monthly reports to the judge. The county commissioners of such county shall make the allowances herein provided Failure or neglect to support, pen alty. Workhouse sentence, pro visions in case of. 22 JUVENILE COURT. Commitment to county jail, etc. ■Citation after hearing. Transfer of case to juve- nile judge. Writs, to whom issued. for. which shall be paid by the county treasurer from the count}' treasury upon the warrant ot the couiUy auditor in favor of such probation officer. (99 v. 196 § :6.) Section 1657. Pending final disposition of a case, the judge may commit any person arrested or cited to appear, except the minor under fourteen years of age, to the county jail until the case is disposed of, but such trial shall be commenced within four days of such commitment unless upon the request of the defendant. Pending final dis- position, the judge may direct that the minor in question be left in the possession of the person having charge of him, or that he be kept in some suitable place provided by the county or city authorities. (99 v. 196 § 17.) Section 1658. If it appear upon the hearing that any person not cited to appear, has probably aided, induced, caused, encouraged, or contributed to the delinquency of a minor under the age of seventeen years, or that a person, charged by law. with the care, support, education and main- tenance of any minor, has abandoned, failed, refused, or neglected, being able so to do, to support or sufficiently contribute toward the support, education and maintenance of such minor, the judge may order such person to be cited to appear at a subsequent day, or may issue a war- rant to arrest such person as heinbefore provided, and upon citation, warrant and hearing the same proceedings may be had as in the first instance. (99 v. 196 § 18.) Section 1650. When a minor, under the age of seventeen years, is arrested, such child, instead of being taken before a justice of the peace or police judge, shall be taken directly before such juvenile judge; or, if the child i^ taken before a justice of the peace or judge of police court, it shall be the duty of such justice of the peace or such judge of the police court, to transfer the case to the judge exercising the jurisdiction herein provided. The officers having such child in charge shall take it before such judge, who shall proceed to hear and dispose of the case in the same manner as if the child had been brought before the judge in the first instance. (99 v. 197 § 19.) Section 1660. The warrants, citations, subpoenas and other writs of such judge may issue to a probation officer of any such court or to the sheriff of any county, and the pro- visions of law relating to the subpoenaing of witnesses in criminal cases shall apply in so far as they are applicable. (99 v. T97 § 20.) Expense, how .oaid. Section 1661. When a warrant is issued to any such officer, the expense incurred in pursuing and bringing the person named therein before such judge shall be paid by the county in the manner prescribed by law for the payment of deputies, assistants and other employes of county officers. (99 V. 197 § 21.) JUVENILE COURT. 23 Probation of- ficers, appoint- ment, compen- sation. Section 1662. The judge designated to exercise juris- diction may appoint one or more discreet persons of good moral character, one or more of whom may be women, to serve as probation officers, during the pleasure of the judge. One of such officers shall be known as chief pro- bation officer and there may be first, second and third as- sistants. Such chief probation officer and the first, sec- ond and third assistants shall receive such compensation as the judge appointing them may designate at the time of the appointment, but the compensation of the chief pro- bation officer shall not exceed twenty-five hundred dollars per annum, that of the first assistant shall not exceed twelve hundred dollars per annum, and of the second and third shall not exceed one thousand dollars per annum, each payable monthly. The judge may appoint other probation officers, with or without compensation, but the entire com- pensation of all probation officers in any county shall not exceed the sum of forty dollars for each full thousand inhabitants of the county at the last federal census, and in no case shall the entire compensation of all probation officers in any county exceed the sum of seven thousand five hundred dollars. The compensation of the probation officers shall be paid by the county treasurer from the county treasury upon the warrant of the county auditor, which shall be issued upon itemized vouchers sworn to by the probation officers and certified to by the judge of the juvenile court. (99 v. 197 § 22.) Section 1663. When a complaint is made or filed against a minor, the probation officer shall inquire into and make examination and investigation into the facts and circumstances surrounding the alleged delinquency, neglect, or dependency, the parentage and surroundings of such minor, his exact age, habits, school record, and every fact that will tend to throw light upon his life and character. He .shall be present in court to represent the interests of the child when the case is heard, furnish to the judge such information and assistance as he may require, and take charge of any child before and after the trial as the judge may direct. He shall serve the warrants and other process of the court within or without the county, and in that respect is hereby clothed with the powers and authority of sheriffs. He may make arrests without warrant upon reasonable information or upon view of the violation of any of the provisions of this chapter, detain the person so arrested pending the issuance of a warrant, and perform such other duties, incident to their offices, as the judge directs. All sheriffs, deputy sheriffs, constables, marshals and police officers shall render assistance to probation of- ficers, in the performance of their duties, when requested so to do. (99 v. 198 § 23.) Section 1664. On the request of the judge exercis- ing such jurisdiction, the prosecuting attorney of the county attorney, duty shall prosecute all persons charged with violating any of the provisions of this chapter. (99 v. 198 § 24.) Duties and powers of pro- bation officers. Prosecuting 24 JUVENILE COURT. Bail. Suspc! of sentence. Forfeit of bond. Error pro- ceedings. Findings, not lawful evi- dence. Detention home, how es- tablished and conducted. Section 1665. The provisions of law relating to bail in criminal cases in the common pleas court shall apply to persons committed or held under the provisions of this chapter so far as they are applicable. (99 v. 198 § 25.) Section 1666. In every case of conviction and where imprisonment is imposed as part of the punishment, such judge may suspend sentence upon such conditions as he imposes. (99 v. 198 § 26.) roN 1667. When, as a condition- of suspension of sentence, bond is- required and given, upon the failure of a person giving such bond to comply with the terms and conditions thereof, such bond may be forfeited, the sus- pension terminated by the judge, the original sentence ex- ecuted as though it had not been suspended, and the term of any jail or workhouse sentence imposed in such case shall commence from the date of imprisonment of such person after such forfeiture and termination of suspension. Any part of such sentence which may theretofore have been served, shall be deducted from any such period of impris- onment. (99 v. 198 § 27.) Section 1668. The provisions of law relating to error proceedings from the court of common pleas, including the allowance and signing of bills of exceptions shall apply to prosecutions of persons over seventeen vears of age under this chapter, and from judgment of "the judge in suda prosecutions error may be prosecuted to the circuit court of the county under laws governing prosecutions of proceedings in error in other criminal cases, to such cir- cuit court. (99 v. 198 § 28.) Section 1669. The disposition of, or any order, judg- ment, or finding against a child under this chapter, or any evidence given in any proceeding thereunder, shall not in any civil, criminal or other cause or proceeding whatever in any court, be lawful or proper evidence against such child for any purpose whatever, except in subsequent cases herein against the same child. (99 v. 199 § 29.) Section 1670. Upon the advice and recommendation of the judge exercising the jurisdiction provided herein, the county commissioners may provide by purchase or lease, a place to be known as a "detention home" within a convenient distance of the court house, not used for the confinement of adult persons charged with criminal offenses, where delinquent, dependent or neglected minors under the age of seventeen years may be detained until final dispo- sition, which shall be maintained by the county as in other like cases. In counties having a population "in excess of forty thousand, the judge may appoint a superintendent and matron who shall have charge of such home, and of the delinquent, dependent and neglected minors detained therein. Such superintendent and matron shall be suitable and dis- creet P e] I as teachers of children. Such home rUVENILE COURT 2- shall be furnished in a comfortable manner as nearly as may be as a family home. The compensation of the super- intendent and matron shall be fixed by the county com- missioners. Such compensation and the expense of main- taining the home shall be paid from the county treasury upon the warrant of the county auditor, which shall be issued upon the itemized voucher, sworn to by the super- intendent and certified by the judge. (99 v. 199 § 30.) Section 167 1. When such detention home is pro- vided by the county commissioners, and upon such home being recommended by the judge, the commissioners shall enter an order on their journal transferring to the proper fund from any other fund or funds of the county, in their discretion, such sums as may be necessary to purchase or lease such home and properly furnish and conduct it and pay the compensation of the superintendent and matron The commissioners shall likewise upon the appointment of probation officers, transfer to the proper fund from any other fund or funds of the county, in their discretion, such sums as may be necessary to pay them, and such transfers shall be made upon the authority of this chapter. At the next tax levying period, provisions shall be made for the expenses of the court. (99 v. 199 § 30.) Section 1672. If the court awards a child to the care of an association or individual in accordance with these provisions, unless otherwise ordered, the child shall become a ward, and be subject to the guardianship of such associa- tion or individual. Such association or individual may place such child in a family home, with or without indenture, and shall be made party to any proceedings for the legal adoption of the child, and may appear in any court where such proceedings are pending, and assent to such adoption. Such assent shall be sufficient to authorize the judge to enter the proper order or decree of adoption. Such guard- ianship shall not include the guardianship of any estate cf the child. (99 v. 199 § 31.) Section 1673. The parents, parent, guardian or other person or persons having the right to dispose of a depend- ent or neglected child may enter into an agreement with any association or institution, incorporated under any law of this state, which has been approved as herein provided, for the purpose of aiding, caring for or placing in homes such children, or for the surrender of such child to such association or institution, to be taken and cared for by such association or institution, or put into a family home. Such agreement may contain any and all proper stipulations to that end, and may authorize the association or institution, to appear in any proceeding for the legal adoption of such child, and consent to its adoption. The order of the judge made upon such consent shall be binding upon the child and its parents, guardian or other person, as if such person were personally in court and consented thereto, whether made party to the proceeding or not. (99 v. 200 § 32.) Expenses of detention home. Child becomes a ward, when. A [ay agree with incorpo- rated institu- tion for care of child. 26 JUVENILE COURT. Agent of cer- tain institu- tions, duties of. Board of state charities, du- ties of. Articles of incorporation to be ap- proved by board of state charities. Section 1674. The board of trustees of the boys' in- dustrial school, and of the girls' industrial home, and the managers of any other institution to which juvenile delin- quents may be committed, may, each, maintain an agent of such institution, who shall examine the home of chil- dren paroled for the purpose of reporting to such trustees or managers whether they are suitable homes, and assist children paroled or discharged from such institution in finding suitable employment, and maintain a friendly super- vision over paroled inmates. Such agents shall hold office subject to the pleasure of the board making the appoint- ment and shall receive such compensation as the board may determine from funds appropriated for such institu- tion applicable thereto. (99 v. 200 § 33.) Section 1675. All associations receiving children here- under shall be subject to the same visitation, inspection and supervision by the board of state charities as are the public charitable institutions of the state. Such board shall annually pass upon the fitness of every such association as receives, or desires to receive, children under the provision of this chapter. Annually at such time as the board shall direct, each such association shall make a report, showing its condition, management and competency, adequately to care for such children as are, or may be committed to it, and such other facts as the board requires. When the hoard is satisfied as to the care given such children, it shall issue to the association a certificate to that effect, which shall continue in force for one year unless sooner revoked by the board. No child shall be committed to an association which has not received such certificate within fifteen months next preceding the commitment. At any time, the judge may require from an association receiving or desiring so to receive children such reports, information and statements as he deems proper and necessary. He may at any time require from an association or institution, re- ports, information or statements concerning any child or children committed to it by him under the provisions of this chapter. (99 v. 200 § 34.) Section 1076. No association whose objects may em- brace the care of dependent, neglected or delinquent chil- dren shall hereafter be incorporated unless the proposed ar- ticles of incorporation shall have been submitted first to the board of state charities. The secretary of state shall not issue a certificate of incorporation unless there shall first be filed in his office the certificate of the secretary of the board of state charities that he has examined the articles of incorporation, and that in his judgment the incorporators are reputable and respectable persons, that the proposed work is needed, and the incorporation of such association is desirable and for the public good. Amendments proposed to the articles of incorporation of any such association shall be submitted in like manner to the board of state charities, and the secretary of state shall JUVEXILE COURT. 27 Associations of other states. not record such amendment or issue his certificate therefor unless there shall first be filed in his office the certificate of the secretary of the board of state charities that he has examined such amendment, that the association in question is, in his judgment, performing in good faith the works undertaken by it, and that such amendment is\ in his judgment a proper one, and for the public good. (99 v. 201 § 35-) Section 1677. No association, incorporated under the laws of any other state, shall place a child in a family home within the boundaries of this state, either with or without indenture or for adoption, unless such association shall have furnished the state board of charities with such guaranty as it may require that no child having a contagious disease, deformity,, feeble mind or vicious character, shall be brought into the state by such association or its agents, ar H that such association will promptly receive and remove from the state a child brought into the state by its agents, which shall become a public charge within the period of five years thereafter. (99 v. 201 § 36.) Section 1678. Whoever shall place in a home or receive to be placed in a home a child in behalf of any association incorporated in any other state which has not complied with the requirements of this chapter shall be imprisoned in the county jail not more than thirty days, or fined not less than five dollars or more than one hundred dollars, or both, in the discretion of the judge. (99 v. 201 § 36.) Section 1679. The judge in committing children shall place them, so far as practicable, in the care and custody of an individual holding the same religious belief as such child or its parents, or with some association which is con- trolled by persons of like religious faith as such child or its parents. (99 v. 202 § 37.) Section 1680. Nothing herein shall be construed to How chapter repeal any provision of law relating to the boys' industrial construed as school or the girls' industrial home. (99 v. 202 § 38.) schools" 5 ' Penalty. Religious be- lief. When child v charged with felony. Section 1681. When any information or complaint shall be filed against a delinquent child under these pro- visions, charging him with felony, the judge may order such child to enter into a recognizance, with good and sufficient surety, in such amount as he deems reasonable, for his appearance before the court of common pleas at the next term thereof. The same proceedings shall be had thereafter upon such complaint as now authorized by law for the indictment, trial, judgment and sentence of any other person charged with a felony. (99 v. 202 § 39.) Section 1682. Fees and costs in all such cases with such sums as are necessary for the incidental expenses of how P aid the court and its officers, and the costs of transportation of Fees and costs. 2 8 JUVENILE COURT. children to places to which they have been committed, shall be paid from the county treasury upon itemized vouchers, certified to by the judge of the court. (99 v. 202 § 40.) Chapter to be Section 1 683. This chapter shall be liberally con- liberaiiy con s trued to the end that proper guardianship may be pro- vided for the child, in order that it may be educated and cared for, as far as practicable in such manner as best subserves its moral and physical welfare, and that, as far as practicable in proper cases, the parent, parents, or guar- dian of such child may be compelled to perform their moral and legal duty in the interest of the child. (99 v. 202 § 40.) TITLE XIII. PUBLIC SCHOOL DISTRICTS CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER Classification of Districts. City School Districts. Village School Districts. Township School Districts. Special School Districts. Boards of Education. Treasurer and Clerk. CHAPTER 1. CLASSIFICATION OF DISTRICTS. Section 4679. School districts classified. 4680. City school districts. 4651. Village school districts. 4652. Village with less than one hundred thousand tax valuation. 4683. Township school districts. 4684. Special school district. 4685. Territory must be contiguous. ADVANCEMENT AND REDUCTION. 4686. Change of classification upon advance- ment or reduction. 4687. School district in newly created munici- pality. 4688. School district in villages upon sur- render of corporate powers. 4689. Disposal of property in such cases. ANNEXATION. Section 4693. Annexation of territory to city or vil- lage. 4691. Attaching village territory. TRANSFER OF TERRITORY. Transfer of territory from one school district to another. 4693. Transfer of territory on petition. 4694. Notice of hearing. 4695. Judgment and costs. Apportionment of funds or indebtedness when territory is transferred. 4697. Territory situated in two or more counties. Section 4679. be styled, respectively, city school districts, village school 1 The school districts of the state shall School dis fied. districts, township school districts and special school dis- tricts. (R. S. Sec. 3885.) Common school districts and boards of education are not corporations within the meaning of § 1, Art. XIII, of the Constitution. 38 O. S., 54. Special districts; see 46 O. S., 275. Section 4680. Each city, together with the territory attached to it for school purposes, and excluding the ter- ritory within its corporate limits detached for school pur- poses, shall constitute a city school district. (R. S. Sec. 3886.) Section 4681. Each village, together with the ter- ritory attached to it for school purposes, and excluding the territory within its corporate limits detached for school pur- poses, and having in the district thus formed a total tax valuation of not less than one hundred thousand dollars, shall constitute a village school district. (R. S. Sec. 3888.) The board of education of a township established a central or high school and located it in a sub-district. The territory comprised in the sub- district after the establishment of the central high school, and before the act of May 1, 1873, was formed into an incorporated village; held, that the property of the central or high school and the management of the school did not, bv virtue of said last mentioned act, pass to the board of education of the village. 41 O. S., 680. 29 City school districts. Village school district. 3© CLASSIFICATION OF DISTRICTS. \ T illage with less than one hundred thous- and tax valuation. Section 4682. A village, together with the territory attached to it for school purposes, and excluding the ter- ritory within its corporate limits detach e 1 for school pur- poses, with a tax valuation of less than one hundred thousand dollars, shall not constitute a village school dis- trict, but the proposition to dissolve or organize such village school district shall he submitted by the board of education to the electors of such village at any general election, and be so determined by a majority vote of such electors. (R. S. Sec. 3888.) Township Section 4683. Each civil township, together with the school districts, territory attached to it for school purposes, and excluding the territory within its established limits detached for school purposes, shall constitute a township school dis- trict. (R. S. Sec. 3890.) Special school Section 4684. Any school district, other than a city, district. village or township school district, and any school district organized under the provisions of chapter five of this title, shall constitute a special school district. (R. S. Sec. 3891.) The formation of a special school district from territory within the limits of a township, by special act, is in conflict with Sec. 26, Art. II, of the Con- stitution. 73 O. S., 54; 46 O. S., 275; 38 O. S., 54. Territory must Sfction 4685. The territory included within the be contiguous. i 30im( j ai -j es f a c j t y^ v jii a g e or special school district shall be contiguous. (R. S. Sec. 3892.) In regard to change in sub-districts, see Sec. 471 to look the correction shall appear to have heVn ^11 \ thl . s nght > - vet > whenever be adjudged illegal. 10 Vt. 108 y excessive and cruel, it must what pinisEem "w^4!^hr^ i I0r a h ;^^ ^J"^ in determining m a clear case of excess. Johnson v State 9 w * U -L 1S !iable > criminally, acts judicially in such a case and is' not to I 3* ?m The „ eachcr also ma y, unless he acted with express LZ e nr „„ dC i ubl r e ' Clvllly or C1 " im " mahce must be implied. 2 Dev and Bat ' ££. ? T gU , h £ of such exces s that miscoJdtT^^SttTd" 1 :?!^ & SsmSsafof" iW £° PU ™ h a P*P d «* return of the pupil to his home! yet Te mav on* JE? 1 H the day and the punish him for any misbehavior though coLStJi ^l 8 T tU ^ n to sch ° o1 ' a direct or immediate tendency to iniure i1° ? f d °, ut ° f sch ° o1 . which ha ^ authority. 32 Vt. 114 Y JUre lhe sch ° o1 and to subvert the master's * beYh^on^^ on this subject, it seems er's authority over a pupil extends to al action /'^ Sta: , CS that the teach " diatt vicinity of the school; that on el, S ^^ m the imme " the authority of the parent and teacher , PP S Way to and from school fu,ne 5 &£•»«« s e 'i?fB'^ " ,,pai " " ,e use " ness of any of its rules but fthov h,J d an<1 , ">« "P»" the reasonable- |f"1s SSSf or"teSS-JB *S - ' - -c,\" si r u,U f & 23 Pick., 224; 2 Cushing, i 9S un dersome apparently reasonable pretense. 49 not make'^ucrw'wer'rpTetext for^ltTlr^ C ° rP ° ral P^^nt. must must be sufficient, the instr men suitable 1 and d t 0ppreSsion = b ^ the' cause he correction, the part of the pe son n Jhl V ma ? n ? and extent of in which it is inflicted, should be Tstin 4 Ind. f 290. ishment of a scholar which is clearly excess i™ a L " dama « es f °r the pun- that, he acted in good faith and without malic 'l™"? ^^'. b >' the *«* punishment was necessary both for the rlfl r hone / tI y thinking that the welfare of the scholar. he dlscl P hne of the school and the the te"& C ^ punishment was excessive, ft 123; Wharton's American Crl^ ^and^ t^J?™^ superio" court Ca of SL£S£ P^ge" Harmo^ i^ch^' a , "* " ied j " *« following language: g naimon, m charging the jury, used the "If the jury should find the defendent JU „ rt+ ■ cumstances, inflict a greater degree nf^lci ? t; ,n view of aI1 the cir- than she was fairly entitled tol an w ^ pt, nt PO " the plaintiffs son for defendant. But if thev «;hn,,lH ' fi i P 10p f.\' of course they mu*t find would be necessary to go f lr tl e^and hmuirJ ^ g ,° b f yond that ' * h ™ * be allowed. The law holds a person SSJ«ih£ ° ^ dama ?« that should ordinary consequences of his acts These con il ^ { °l- t , he naturaI and siimes he might or should have fo'reseen aJTh^S^ Whlch - ,he law P re " Therefore, it might make a difference n lhltJT\ K c ° m . mitted the act. should appear that the child was affhVrVd t^ ° Unt of J . their finding if it diseases, and the defendant had no no ice thereof °/ P r ^ dls P osed to certain himself h,s appearance, or otherwise If the H °fL/ 01 ? r 1S P ar , ent s, the boy she had of the boy and his appearance wonlA. ^Jh f /°- m the knowledge to be hke other boys of his a ge P a "d fnflicted on J " ed in s «PP osi "g '"m she would not be liable at all even though IS 3 F'? 1361 " P un >shment, then in the boy's constitution should cause t , v f? 3 ' f ^ me hidden defect if they should find for the plaintiff rhl t V \ Y /° hlS heaIth to foll ow. Or, prevent her from being lLble for , SCt ° f 'France on her part would ness or .predisposition V ne bov' of^hkh^f"? 3rising from --h weal which his appearance furnished I Ao warning sh ^ wa %, ] gnorant ,n fact, and of send their children to school whose health' o ^ th ? f - dut y of , Parents who punishment permitted by the rules of the Jhn d ,sp0Sltl0n would rend " the see the teacher is informed of the fact." da ngerous or improper, to Section 4751. A special meeting of a board of prfnm may be called bv the nresirW t ^tuful°K educ ^ Specia tion anv f t/p*-- ** spc^idi meeting- or a board of Prln^o Cn e^b f b^ * e - PreSident ° r ^-kThereoflrby ST' two^members, by serving a written notice of the time board ' 5<3 BOARDS OF EDUCATION. and place of such meeting upon each member of the board either personally or at his residence or usual place of busi- ness. Such notice must be signed by the official or mem- bers calling the meeting. (R. S. Sec. 3978.) Quorum; yeas Section 4/52. A majority of the members of a c?r1a?n y ca™s. board of education shall constitute a quorum for the trans- action of business. Upon a motion to adopt a resolution authorizing the purchase or sale of real or personal proper- ty or to employ a superintendent or teacher, janitor or other employe or to elect or appoint an officer or to pay any debt or claim or to adopt any text book, the clerk of the board shall publicly call the roll of the members composing the board and enter on the record the names of those voting "Aye'' and the names of those voting "No' : . If a majori- ty of all the members of the board vote aye, the president shall declare the motiont carried. Upon any motion or resolution, a member of the board may demand the yeas and nays, and thereupon the clerk shall call the roll and re- cord the names of those voting "Aye" and those voting "No". Each board may provide for the payment of su- perintendents, teachers and other employes by pay-roll, if it deems advisable, but in all cases such roll call and record shall be complied with. (R. S. Sec. 3982.) Records of quasi corporations are not considered of that absolute verity that parol testimony is inadmissible to show facts upon which the record is silent. 5 O., 136. An agreement by members of a township board of education, acting in their individual capacity, to purchase from another person apparatus for the schools of the township, and to ratify such contract of purchase at the next meeting of the board, is contrary to public policy, and therefore illegal and void, and not enforceable either against the board or the members thereof as individuals. 29 O. S., 419. The order of the clerk on the treasurer is not negotiable, and the written acceptance of an order by a treasurer who has gone out of office imposes no greater obligation on the treasurer to pay than if it had been presented without such endorsement. 22 O. S., 144. Calling the roll and entering the "ayes" and "noes" is mandatory else the election is void. 52 O. S., 138. Where the minutes show the aye and nay vote and how each member voted but does not state expressly that the roll was called, this is sufficient compliance with this section. 13 C. C, 207. An election to fill a vacancy on the board is not an election of an officer and would not come under the provisions of this section. In case a board should really lose half or more of its members, the county commissioners must keep up the schools. As they may do all that a board could do, they may appoint a new board, or members enough to pro- ceed with the appointment to the completion of a new board; see Sec. 7610. In all cases except those which are declared to require a majority of all the members composing the board, a majority of a quorum is sufficient to pass a measure, and the roll need not be called unless demanded bv a member of the board. No member of a board can delegate his power to act to another person, either a member of the board or otherwise. It is said that this is sometimes done. But acts depending on such delegated votes are void. For heavy penalty attached to such assumption of official dutv, see Revised Statutes, Sec. 6913. Absence of Section 4753. Tf the president or clerk is absent at president or any meeting of the board of education, the members pres- ent shall choose one of their number to serve in his place pro tempore. If both the president and clerk are absent, both places shall be filled. On the appearance of either at the meeting after his place has been so filled, he shall immedi- ately assume the duties of his office. (R. S. Sec. 3983.) Record „f Section 4754. The clerk of the board of education ,and ce a e t!esfa- slia11 record the proceedings of each meeting in a book 'tion thereof, to be provided by tlic board for that purpose, which shall HOARDS OF EDUCATION. be a public record. The record of proceedings at each meeting of the board shall be read at its next succeeding meeting, corrected, if necessary, and approved, which ap- proval shall be noted in the proceedings. After such ap- proval, the president shall sign the record and the clerk at- test it. (R. S. Sec. 3984.) A board of education can speak only through its records and these must accordingly be complete, shown,, just what* the board did and no V motion made by a member, seconded by another member stated 5^ may be such as to defeat what was attempted to 'be done in the Recording of vote in certain cases; see Sec 475-? Wher- may. be- ss? wS - ^--^-f x t; -c^r s^&^s _ SFsaid board. ?C°C S , 51 b 7 V C ° mpetent P aro1 testimony, such official acS Section 4755. By the adoption of a resolution, a Boards Doarcl ol education may accept any bequest made to it bv accept will or may accept any gift or endowment from any per- *"** son or corporation upon the conditions and stipulations contained m the will or connected with the gift or endow- ment. For the purpose of enabling the board to carry out the conditions and limitations upon which a bequest gift or endowment is made, it may make all rules and regula- tions required to fully carry them into effect. No such be- quest, gift or endowment shall be accepted by the board if the conditions thereof shall remove any portion of the pub- lic schools from the control of such board. (R S 9 ec 39750 ' Section 4756. When a board of education decides to „ dispose of real or personal property, held by it in its corpo- S^W rate capacity, exceeding in value three hundred dollars it be sold - shall sell such property at pubic auction after giving at least thirty days' notice thereof by publication in a newspaper ot general circulation or by posting notices thereof in five ot the most public places in the district in whch such prop- erty is situated. When the board has twice so offered a tract of real estate for sale at public auction and it is not sold, the board may sell it at private sale, either as an en- tire tract or in parcels, as the board deems best. The presi- dent and secretary of the board shall execute and deliver deeds necessary to complete such sale. (R. S. Sec. 3971.) Section 4757. Conveyances made bv a board of Conveyance education shall be executed by the president and clerk and contracts - BOARDS OF EDUCATION. Member of board of edu- cation accept- ing compen- sation. Officer or agent inter- ested in contracts. Same as to other con- tracts. Emplyoing relative as teacher. Exchange of real estate. School prop- erty exempt from taxa- tion. thereof. Xo member of the board shall have directly or indirectly any pecuniary interest in any contract of the board or be employed in any manner for compensation by the board of which he is a member except as clerk or treas- urer. No contract shall be binding upon any board unless it is made or authorized at a regular or special meeting of such board. (R. S. Sec. 3974.) Section 12883. Whoever, being a member of a board of education, accepts or receives for his services as such member any compensation except as clerk or treasurer of such board or as otherwise provided by law, shall be imprisoned in the penitentiary not less than one year nor more than twenty-one year- and fined double the amount of money or other property so accepted or received. (R. S. Sec. 6975.) Section 12910. Whoever, holding an office of trust or profit by election or appointment, or as agent, servant or employe of such officer or of a board of such officers, is interested in a contract for the purchase of property, supplies or fire insurance for the use of the county, township, city, village, board of education or a public institution with which he is concerned, shall be imprisoned in the penitentiary not less than one year nor more than ten vears. (R. S. Sec. 6969.) Section 12911. Whoever, holding an office of trust or profit, by election or appointment, or as agent, servant or employe of such officer or of a board of such officers, is interested in a con- tract for the purchase of property, supplies or tire insurance for the use of the county, township, city, village, board of educa- tion or a public institution with which he is not connected, and the amount of such contract exceeds the sum of fifty dollars, unless such contract is let on bids duly advertised as provided by law, shall be imprisoned in the penitentiary not less than one year nor more than ten years. ( R. S. Sec. 6969.) Section 12932. Whoever, being a local director or member of a board of education, votes for or participates in the making of a contract with a person as a teacher or instructor in a public school to whom he or she is related as father or brother, mother or sister, or acts in a matter in which he or she is pecuniarily interested, shall be fined not less than twenty five dollars nor more than five hundred dollars or imprisoned not more than six months, or both. (R. S. Sec. 6975a.) Section 4758. Upon a vote of a majority of the members of a board of education and a concurring vote of the council of a municipal corporation, declaring that an exchange of real estate held by such board for school pur- poses for real estate held by such municipal corporation for municipal purposes will be mutually beneficial to such school district and municipal corporation, such exchange may be made by conveyances, executed by the* mayor and clerk of the corporation and by the president and clerk of the board of education, respectively. (R. S. Sec. 3971.) Section 4759. Real or personal property vested in any board of education shall be exempt from taxation and from sale on execution or other writ or order in the nature of an execution. (R. S. Sec. 3973.) Non-taxation of school property; Sec. 5349. Provisions relating to taxation of school, ministerial, and other lands; Sec. 5330. School property is not liable to assessment for street improvement; nor can a judgment be rendered against the board of education for the payment of the assessment out of its contingent fund. 48 O. S., 83. Sidewalk — School property not assessable for. 48 O. S., 87. Property purchased by a board of education, and upon which there it a mortgage lien, may be sold on foreclosure. 39 B., 76; Aff'd by Supreme Court. BOARDS OF EDUCATION. 53 Prosecuting attorney or city solicitor to be counsel; of school board. Section 4760. Process in all suits against a board of Processes education shall be by summons which shall be served by a s ainst boards, leaving a copy thereof with the clerk or president of the h ° W "^ board. (R. S. Sec. 3976.) Section 4761. Except in city school districts the prosecuting attorney of the county shall be the legal adviser of all boards of education of the county in which he is serving. He shall prosecute all actions against a member or officer of a board of education for malfeasance or mis- feasance in office, and he shall be the legal counsel of such boards or the officers thereof in all civil actions brought by or against them and shall conduct such actions in his official capacity. A\ hen such civil action is between two or more boards i education in the same county, the prosecuting at- torney shall not be required to act for either of them In city school districts, the city solicitor shall be the legal ad- viser and attorney for the board of education thereof, and shall perform the same services for such board as herein required ot the prosecuting attorney for other boards of education ot the county. (R. S. Sec. 3977.) It has been held by attorneys for the state that since a board nf erln cation by the provisions of section 4749 is a body poli tic and I corporate and is tYon to^LS* TT ° f SU i ng and . bei "S sued! ft is authorized by implica Section 4762. The duties prescribed by the preced- ing section shall devolve upon any official serving in a ca- pacity similar to that of prosecuting attorney or city solici- tor tor the territory wherein a school district is situated re- gardless of Ins official designation. No prosecuting' at- torney, city solicitor or other official acting in a similar ca- pacity shall be a member of the bord of education No compensation in addition to such officer's regular salary shall be allowed for such services. (R. S Sec 3977 ) When other officers may act; restric- tions. CHAPTER 7. TREASURER AXD CLERK. Section 4763. Treasurer of school funds. 4764. Bond of treasurer. 4765. Additional sureties or new bond. 4766. Filing and approval of bond. 4767. Counting of funds. 4768. When treasurer may receive or pay money. 4769. Maximum amount of funds which treas- urer may hold. 4770. Annual settlement by treasurer with county auditor. 4771. Compensation for making settlement. 4772. Penalty for failure to make settlement. 4773. Treasurer to deliver funds to successor. 4774. Bond of clerk. Section 4775. Annual statistical report of board of expenditures by clerk. 4776. Publication of statement of receipts and expenditures. -1777. Clerk to deliver books, etc., to successor. 4778. How treasurer and clerk to keep ac- counts. 4779. Clerk's account. 4780. Treasurer';, account. 47 Q 1. Compensation of treasurer and clerk. 4782. When treasurer of school moneys may be dispensed with. 4783. When clerk shall perform the duties of treasurer. 4784. Provisions when depository ceases to act. Treasurer of school funds. Bond of treasurer. Additional fiureties or new bond. Section 4763. In each city, village and township school district, the treasurer of the city, village and town- ship funds, respectively, shall be the treasurer of the school funds. In each special district the board of education shall choose its own treasurer, whose term of office shall be for one year beginning on the first day of September. (R. S. Sec. 4042.) The relations between the board of education and the treasurer are such that one person can not be a member of the board and at the same time act as its treasurer. In passing upon the sufficiency of the treasurer's bond, if he be a member of the board, his own vote may determine the action of the board in reference to said bond. Sec. 19. The state, any county, township, municipal corporation, or school board, shall not be precluded by the illegal loan or deposit by any officer or agent of public money, funds, property, bonds, securities, or assets, belonging to it, from suing for and recovering the same; and such suit shall not be held to be an adoption or satisfaction of such illegal transaction. Embezzlement of school funds, penalty; see sections 12873, 12878. What is prima facie evidence of embezzlement by public officers; see Sec. 13674. Township trustees have no authority to release a treasurer from his liability for any portion of the school fund belonging to the township. 13 O, 495. Section 4764. Before entering upon the duties of his office, each school district treasurer shall execute a bond, with sufficient sureties, in a sum not less than the amount of school funds that may come into his hands, payable to the state, approved by the board of education, and conditioned for the faithful disbursment according to law of all funds which come into his hands, provided that when school moneys have been deposited under the provisions of sec- tions 7604-7608 inclusive, the bond shall be in such amount- as the board of education may require. (As amended May to, 1910.) Section 4765. Thereafter such treasurer may be re- quired to give additional sureties on his accepted bond, or to execute a new bond with sufficient sureties to the approv- al of the board of education when such board deems it necessary. If he fails for ten days after service of notice in writing of such requisition, to give such bond or ad- ditional sureties, as so required, the office shall be declared vacant and filler! as in other cases. ("R. S. Sec. 4043.) 54 TREASURER AND CLERK. 55 Section 4766. Each such bond, when so executed and approved, shall be filed with the clerk of the board of education of the district, and recorded. He shall cause a certified copy thereof or the names of additional sureties, to be filed with the county auditor without delay. (R. S. Sec. 4043.) Section 4767. Such board at the time of the approval of any bond or sureties, shall require the treasurer of the school funds to produce all money, bonds or other sucuri- ties in his hands as such treasurer, and they then must be counted by the board or a committee thereof, in the pres- ence of its clerk, who thereupon shall enter upon the re- cords of the board, a certificate, setting forth the exact a- mount of money or securities so found in the hands of such treasurer. Such record shall be signed by the president and clerk of the board and be prima facie evidence that the amount therein stated was actually in the treasury at that date. (R. S. Sec. 4043.) Section 4768. No treasurer of a school district shall pay out any school money except on an order signed by the president or vice-president, and countersigned by the clerk of the board of education, and when such school moneys have been deposited as provided by sections 7604- 7608 inclusive, no money shall be withdrawn from any such depository, except upon an order signed by the treasur- er and by the president or vice president and countersigned by the clerk of the board of education ; and on money shall be paid to the treasurer of the district other than that re- ceived from the county treasurer, except upon the order of the clerk of the board, who shall report the amount of such miscellaneous receipts to the county auditor each year im- mediately preceding such treasurer's settlement with the auditor. (As amended May 10, 1910.) A board of education has capacity to sue its treasurer for money re- ceived and not accounted for. The remedy is not limited to an action on the bond, but may be for money had and received. 51 O. S., 115. ' The. treasurer should not pay an order for what he believes to be an illegal object, until he can consult with other members of the board, and have the question fully investigated. A man of discretion is supposed to be chosen to this, as to other offices, that the chances for discovering errors and fraud may be multiplied. Section 4769. The clerk of a board of education or the county auditor shall pay no money into the hands of the treasurer of a school district in excess of the amount of his bond. Should any such clerk or auditor violate this provision, he and his bondsmen shall be liable for any loss occasioned thereby. But where depositories for school funds have been created under the provisions of sections 760.1-7608 inclusive, all school moneys shall be paid directly into such depository or depositories by the auditor upon the written order of the board of education signed by the presi- dent or vice president and countersigned by the" clerk. In case the school funds have been deposited under the pro- visions of sections 7604-7608 inclusive, the limitation of payment herein contained shall not apply. Before giving Filing and ap- proval of bond. Counting of funds. When treas- urer may re- ceive or pay money. Maximum amount of funds which treasurer may hold. 56 TREASURER AND CLERK. such treasurer a warrant or order for school funds, the auditor may require the treasurer to file with him a state- ment showing the amount of such funds in his possession, signed by the clerk of the board of education. (R. S. Sec. 4048.) Annual settle- Section 4770 Within the first ten days of Septem- "«' wfth treas ' her, eacn . vear < tne treasurer shall settle with the county county auditor, auditor for the preceding school year, and for that purpose he shall make a certified statement showing the amount of money received, from whom, and on what account, the a- mount paid out, and for what purpose. He shall produce vouchers for all payments made. If the auditor, on exami- nation, finds the statement and vouchers to be correct, he shall give the treasurer a certificate of the fact, which shall prima facie be a discharge of the treasurer for the money paid. When the treasurer's term begins on the first day of September, the annual settlement shall be made by the outgoing treasurer. (R. S. Sec. 4044.) If it is evident to the county auditor that the school moneys have been illegally paid out, as they would if paid to any member of a board of education on any contract with such board, or as an employee thereof, it is his duty to refuse the treasurer credit for the same. If moneys have been paid from the wrong fund, as from the school fund, when the law says it must be township fund, the auditor must not allow credit to such orders. He should insist on their correction by the board, or correct them himself by proper debit and credit. No voucher should be received by the auditor which he has reason to believe a court of law would reject. No paper is a voucher for the payment of money to A, which has not A's receipt on it, or accom- panying it. An order properly made out, but merely marked "paid" by the treasurer, is not a receipt. Section 4771. For making such settlement, the treasurer shall be entitled to receive the- sum of one dollar, and also five cents per mile for traveling to and from the county seat, to be paid from the county treasury, on the order of the county auditor. (R. S. Sec. 4044.) Penalty for Section 4772. If the treasurer of any school district settkment. ma c willfully or negligently fails to make such annual settle- ment within the time so prescribed, he shall forfeit and pay fifty dollars, to be recovered in a civil action in the name of the state, which amount, when collected, shall be paid into the county treasury and applied to the use of the common schools in his district. In case of such failure, the county auditor shall proceed forthwith to recover the for- feiture by suit against the treasurer before a justice of the peace of the county. (R. S. Sec. 4045.) Section 4773. At the expiration of his term of ser- vice, each treasurer shall deliver to his successor in office, all books, papers, money, and other property in his hands belonging to the district, and take duplicate receipts of his successor therefor. One of these he shall deposit with the clerk of the board of education within three days there- after. (R. S. Sec. 4049.) Compensation for making settlement. Treasurer to deliver funds to successor. Penalty for failure or refusal to pav over public money; see Section 13674. Bond of clerk Section 4774. Before entering upon the duties of his office, the clerk of each board of education shall execute a TREASURER AND CLERK. 57 Annual statis- tical report of board of edu- cation. bond, in an amount and with surety to be approved by the board, payable to the state, conditioned for the faithful performance of all the official duties required of him. Such bond must be deposited with the president of the board, and a copy thereof, certified by him, shall be filed with the county auditor. (R. S. Sec. 4050.) Township clerk is authorized to administer oaths connected with school affairs; see Sec. 3303. Board can not authorize clerk to become custodian of tuition funds. 74 \J, o>, SO. Duties and powers of clerk, 170 D. N. P., 10S; 29 O. C. C, 32 (N. S. Section 4775. The clerk of each board of education shall prepare the annual report of the receipts and expendi- tures of school money and the statistical statement in refer- ence to the schools, required by law to be made by the board, and transmit it to the county auditor on or before the first day of September. But in each school district having a superintendent of schools, such report, except the receipts and expenditures of money, shall be made by the superintendent. (R. S. Sec. 4052.) Penalty for not making report; see Sec. 7790. _ The board of education should see that the reports required by this section are filed before allowing compensation to the clerk for his services. Section 4776. Except city districts, the board of Publication education of each district shall require the clerk of the of statement board annually, ten days prior to the election, to prepare andTxpendi- and post at the place or places of holding such elections, JJS by or publish in some newspaper of general circulation in the district, an itemized statement of all money received and disbursed by the treasurer of the board, within the school year next preceding. (R. S. Sec. 4053.) Section 4777. At the expiration of his term of office, each clerk shall deliver to his successor all books and papers in his hands relating to the affairs of his district, including certificates, and copies thereof, and reports of school statis- tics, filed by teachers. (R. S. Sec. 4054.) Section 4778. The auditor of each county shall fur- nish to the clerk and treasurer of each school district in his county a suitable blank book, made according to the form prescribed by the bureau of inspection and supervision of public offices, in which each must keep an account of the school funds of his district. (R. S. Sec 4055.) Section 4779. The clerk's account shall show the a- mounts certified by the county auditor to be due the district, all sums paid to the treasurer from other sources on his order, and all orders drawn by him on the treasurer, upon what funds and for what purposes drawn. (R. S. Sec. 4055-) Section 4780. The treasurer's accounts shall show the amounts received from the county treasurer, all sums received from other sources on the order of the clerk, the amountspaid out, and from what funds and for what pur- poses paid. A separate account of each fund must be kept, and each account balanced at the close of the school year. Clerk to de- liver goods, etc. r to successor. How treasurer and" clerk to keep accounts. Clerk's ac- count. Treasurer's account. 58 TREASURER AND CLERK. Embezzlement by municipal and school officers. Compensation of treasurer and clerk. When treas urer of school moneys may bi dispensed with. When clerk shall perform the duties of treasurer. Provisions when deposi tory ceases to act. and the balance in the treasurer's hands belonging to each fund shown. (R. S. Sec. 4055.) Section 12878. Whoever, being a member of the council of 1 municipal corporation, or an officer, agent, clerk or servant of such corporation, or board or department thereof, or an officer, i Ark or servant of a board of education, knowingly diverts, ap- propriates or applies funds, or a part of a fund raised by taxa- tion or otherwise, to any use or purpose other than that for which it was raised or appropriated, or knowingly diverts, appropriates >r applies money borrowed, or a bond of the corporation or part if the proceeds of such bond, to any use or purpose other than that for which such loan was made, or bond issued, shall be im- prisoned in the penitentiary not less than one year nor more than iwenty-one years and fined in double the amount of 'money or >ther property embezzled. (R. S". Sec. 6846.) Section 478 r. The board of education of each school district shall fix the compensation of its clerk and treasurer, which shall be paid from the contingent fund of the dis- trict. If they are paid annually, the order for the payment of their salaries shall not be drawn until they present to the board of education a certificate from the county auditor tating that all reports required by law have been filed in his office. If the clerk and treasurer are paid semi-annual- \\ quarterly, or monthly, the last payment on their salaries previous to August thirty-first, must not be made until all reports required by law have been filed with the county auditor and his certificate presented to the board of educa- tion as required herein. (R. S. Sec. 4056.) Section 4782. When a depository has been provided for the school moneys of a district, as authorized by law, the board of education of the district, by resolution adopted by a vote of a majority of its members, may dispense with a treasurer of t>e school moneys, belonging to such school district. In such case, the clerk of the board of educa- tion of a district shall perform all the services, discharge all the duties and be subject to all the obligations required by law of the treasurer of such school districts. (R. S. Sec. 4042a.) Section 4783. When the treasurer is so dispensed with, all the duties and obligations required by law of the county auditor, county treasurer or other officer or person relating to the school moneys of the district shall be com- plied with by dealing with the clerk of the board of educa- tion thereof. Before entering upon such duties, the clerk shall give an additional bond equal in amount and in the same manner prescribed by law for the treasurer of the school district. (R. S. Sec. 4042a.) Section 4784. If for any reason, a depository in such district ceases to act as custodian of the school moneys, they shall be placed in the custody of the treasurer of the city, village or township in which the school district is located or of the special school district upon such treasurer giving bond as required by law, to the approval of the board of TREASURER AND CLERK. education. Such moneys shall be held and disbursed by the treasurer in all respects as required by law until anoth- er depository is provided for such moneys. Thereupon he shall place such money in the depository and his duties and obligations relating thereto shall then cease. ( R. S. Sec. 4042a.) 59 TITLE XIV. PUBLIC ELECTIONS Election of members of the board of education. Notice school elections of Qualifications of elector. Section 4838. All elections for members of boards of education shall be held on the first Tuesday after the first Monday in November in the odd numbered years. (97 v. 40 § 2.) Section 4839. The clerk of each board of education shall publish a notice of all school elections in a newspaper of general circulation in the district or post written or printed notices thereof in five public places in the district at least ten days before' the holding of such election. Such notices shall specify the time and place of the election, the number of members of the board of education to be elected, and the term for which they are to be elected, or the nature of the question to be voted upon. (97 v. 354 §2.) Section 4861. Every male citizen of the United States, who is of the age of twenty-one years or over, and possesses the qualifications in regard to residence herein- after provided, shall be entitled to vote at all elections. (Cons. Art. V. § 1.)- When women mav vote. Section 4862. Every woman, born in the United States or who is the wife or daughter of a citizen of the United States, who is over twenty-one years of age and possesses the necessary qualifications in regard to residence hereinafter provided for men shall be entitled to vote and to be voted for for member of the board of education and upon no other question. (97 v. 354 § 3.) The constitutional power of the legislature to provide for common schools is not limited by the definition of elector in Conts., V, Sec. 1, and the right to vote for school officers may be conferred on women. 9 C. C, 134. This section limits the voting privileges of women. It does not entitle them to vote en such questions as special tax levy, bond issue, erection of public buildings, etc., although the same be for school purposes. Registration of women. Xnniin of candidates for boa i'l of 'ion. Section 4940. The provisions of this chapter relat- ing to registration shall apply to women upon whom the' right to vote for member of the board of education is con- ferred by law, but the names of such women may be placed on a separate list. (97 v. 254 § 3.) Section 4997. Nominations of candidates for the office of member of the board of education may be made by nomination papers, signed in the aggregate for each candidate by not less than twenty-five qualified electors of either sex of the school district, except in city school dis- tricts, such nomination papers shall be signed by peti- tioners not less in number than one for every one hundred person^ who voted at the next preceding general election in such city. ( R. S. Sec. 3897a.) GO Names of nominees foi board pub- lished. Ballots for school board. school board printed. PUBLIC ELECTIONS. fa Section 4998. When nominations of candidates for member of the board of education have been made by nom- ination papers filed with the board of deputy state super- visors, as herein provided, such board of deputy state supervisors shall publish on two different days prior to the flection a list of the names of such candidates in two news- papers of opposite politics in the school district, if there is such printed and published therein. If no newspaper is printed in such school district, the board shall post such list in at least five public places therein. (R. S. Sec. 3897a.) Section 5032. The names of candidates for members of the board of education of a school district, however nom- inated, shall be placed on one independent and separate ballot without any designation whatever, except for member of board of education and the number of members to be elected. (98 v. 116 § 1.) Section 5033 The ballots for members of the board How ballot for ot education shall be prepared and printed as follows : The whole number of ballots to be printed for the school dis- trict shall be divided by the number of candidates for mem- ber of board of education of the district, and the quotient so obtained shall be the number of ballots in each series of ballots to be printed. The names of candidates shall be arranged in alphabetical order and the first series of ballots printed. Then the first name shall be placed last and the next series printed, and so shall the process be repeated until each name shall have been first. These ballots shall then be combined in tablets with no two of the same order of names together, except when there is but one candi- date. (98 v. 116 § 2.) Section 5034. In city school districts, the ballots for each subdistnct shall contain the names of the candidates for member of the board of education from such subdis- tnct and also the names of the candidates to be elected at large. (97 v. 354 § 1. ) Section 5049. There shall be separate poll books and P n h . tally sheets for all elections for school purposes and the and tally ballots of the electors at such elections shall be deposited Shooi eke m a separate ballot box. (97 v . 354 §1.) tions. 1 S * C ™ N 5I20 In school elections, the returns shall canvass of De made by the judges and clerks of each precinct to the v , ote . in sch ° o1 clerk of the board of education of the district, not less nS " than five days after the election: Such board shall can- vass such returns at a meeting to be held on the secon 1 Monday after the election, and the result thereof shall be entered upon the records of the board. (97 v. 354 § 1.) Section 5 121. In the canvass of the vote for mem- How result bers of the board of education, or assessors of real prop- ^[^11" erty, the person having the highest number of votes shall School dis- tricts in citie; 62 PUBLIC ELECTIONS. be declared elected, and the next highest, and so on, until the number required to be elected shall have been selected from the number having the highest number of votes. If any number of persons greater than the number to be elected at such election have the highest and an equal number of votes, the board making the canvass shall de- termine by lot which of the persons shall be duly elected. (97 v. 354 § 1 ; 98 v. 116 § 1 ; 100 v. 81 § 1.) PART SECOND CIVIL G3 TITLE V. PUBLIC SCHOOLS CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER 9. CHAPTER 10. CHAPTER 11. CHAPTER 12. School Funds. School Houses and Libraries. Schools and Attendance. Compulsory Education. Reports. Enumeration. Examiners. Teachers' Institutes. Teachers' Pensions. Normal Schools. Colleges and Universities. Schools Specially Endowed. CHAPTER 1. SCHOOL FUNDS. Section 7575. "The state common school fund;" tax levy for. 7570. Rate designated by general assembly. 7577. Interest upon proceeds of salt and • swamp lands. 757-. Proceeds of sale of swamp lands. 7579. 'I he "common school fund." 7550. Accounts of common school fund. 7551. Bequests, etc., in trust for common school fund. 7552. Apportionment of school funds by au- ditor of state. 7583. Apportionment to be made in February settlement. 75S4. Funds to be retained by county treas- urer. 7585. When county line divides township. 75S6. Board of education to fix rate of taxa- * tion. 5S7. Levy to be divided into four funds "5-?. Levy of taxes for special school districts. How funds divided. Appeal to county commissioners. Maximum levy. Greater tax may be levied. Notice of election. 7504. Amount of levy to' be certified to county auditor. 7595. Salary of teachers. 7596. State aid. 7507. Certain districts not entitled to state aid. "500. 7591. "502. r593. Section 7598. When district situated in two or more counties. 7599. To whom funds paid. 7600. Apportionment of school fund. 7601. Distribution of money after apportion ment. When county line divides original sur veyed township. Certificate of apportionment. Depositing of school lands upon com- petitive bidding. When district contains two or mo banks. 7606. Bids. 7607. Districts containing less than two banks ; . \\ hat resolution to contain. Liability of treasurer relieved Neglect of certain duties by board. Personal liability of board members. Duty of county auditor. 7602. 7603. 7604. 7005. 7610 7611 7612 SINKING FUND. 7613. Board of commissioners of the sinking fund. # 761 L Who to provide funds. 7(15. Investment of sinking fund. 7616. Sinking fund commissioners may issue refunding bonds. 7617. Report of sinking fund commissioners. 7618. Payment of bonds and interest. 7619. . Bonds issued by board of education. Section 7575. For the purpose of affording the ad- « The state vantages of a free education to all the youth of the state, common school there shall be levied annually a tax of one mill on the ievy d; for. tax grand list of the taxable property of the state, to be col- lected as are other state taxes and the proceeds of which shall constitute "the state common school fund," and for the payment of interest on the irreducible or trust fund debt for school purposes, ten one-hundredths of one mill, such fund to be styled "the sinking fund." (R S Sec 3951.) 5 s. l. 65 66 SCHOOL FUNDS. Rate desig- nated by gen- eral assembly. Interest upon proceeds of salt and swamp lands. Section 7576. The rate for such levy shall be des- ignated by the general assembly at least once in two years. if the general assembly fail to designate the rate for any year, it shall be one mill for the state common school fund, and ten one-hundredths of one mill i" r the sinking fund. (R. S. Sec. 3951.) Section yS77- The state shall pay interest annually, at the rate of six per cent per annum, upon all money which has been paid into the state treasury on account of sales of lands commonly called "salt lands/' and upon all money paid or which may be paid into the state treasury on account of sales of swamp lands granted to the state by act of congress. The money received from such sales shall constitute an irreducible debt of the state; and the interest shall be apportioned annually on the same basis as the state common school fund is apportioned, and distributed to the several' counties as hereinafter provided. (R. S. Sec. 3952.) Proceeds of Section 7578. .The net proceeds hereafter paid into sale of swamp tj le s tate treasury, from the sales of swamp lands granted to the state by act of congress passed September 28, 1850, is hereby appropriate i to the general fund for the support of common schools; and the state is pledged to pay the interest annually, on all sums of money paid into the state treasury, from the sales of such lands, from the receipt of Mich money into the treasury. The interest so arising shall be distributed, annually, to the several counties of the state, in proportion to the number of male inhabitants above the age of twenty-one as the law provides for ascertaining the apportionment of representatives. The proportion of interest clue to each county shall be distributed for the sup- port of common schools, in the respective counties, in the manner prescribed for the distribution of the common school fund. (80 v. 39 § 1.) Section 7579. The money which has been and may be paid into the state treasury on account of sales of lands granted by congress for the support of public schools in any original surveyed township, or other district of country, shall constitute the "common school fund," of which the auditor of state shall be superintendent, and the income of which must be applied exclusively to the support of common schools, in the manner designated in this chapter. (R. S. Sec. 3953.) Section 7580. The common school fund shall con- stitute an irreducible debt of the state, on which it shall pay interest annually, at the rate of six per cent per annum, to be computed for the calendar year, the first computation on any payment of principal hereafter made to be from the time of payment to and including the thirty-first day of December next succeeding. The auditor of state shall keep an account of the fund, and of the interest which ac- crues thereon, in a book or books to be provided for the purpose, with each original surveyed township and other The "coramoi fund." Accounts of common school fund. SCHOOL FUNDS 67 lonment of school funds by auditor of state. district of country to which any part of the fund belongs crediting each with its share of the fund, and showing the amount of interest thereon which accrues and the amount which is disbursed annually to each. (R. S. Sec. 3954.) Section 7581. When any grant or devise of land, Bequests etc or donation or bequest of money or other personal prop- common '*¥ erty, is made to the state, or to any person, or otherwise, fun 1 e by the county commissioners on the application of either board. (R S Sec. 3958a.) Section 7589. The funds raised from such levy shall How fund* be divided between the board of education of the township dlvid ed. and of the special school district, or between the board of education of the township and the boards of education of the special school districts, as the case may be, in propor- tion to the number of children of that township of school age living in the -township outside of the special school dis- trict and living in the township within the special school district or districts. In additon to the general levy by the joint boards, either board may levy an additional tax, not to exceed six mills, on the duplicate of all the taxable property within its own territory. The funds arising from such levy shall be used only for schools within the terri- tory where the additional levy is made. (R. S. Sec. 3958a.) Section 7590. If the levy so made by such boards Appeal to is inequitable to either, or insufficient to provide for and ™£ n . ty cora - maintain the schools in either the township or special school districts, either board may appeal to the county com- missioners of the county in which the township is situated to adjust and make the levy. The commissioners then may make such levy, not exceeding six mills, for the purposes named in the next two preceding sections, as they may deem just and equitable and sufficient to provide for and maintain the schools in such township and school district. If either of such boards of education meet to fix a levy for school purposes, as provided in section seventy-five hundred and eighty-six, before the levy is fixed by the joint board as above provided, and the levy so made by such board of education, acting independently, is more than six mills on the dollar of valuation of taxable property in its school district, then theexcess of the levy above the six mills shall be subject to division in proportion and manner as provided in the next preceding section between the township and special districts. (R. S. Sec. 3958a.) Section 7591. Except as hereinafter provided, the local tax levy for all school purposes shall not exceed twelve mills on the dollar of valuation of taxable property in any school^ district, and in city school districts shall not be less than six mills. Such levy shall not include any special levy for a specified purpose, provided for by a vote of the peo- ple. (R. S. Sec. 3959.) 69 Maximum levy. 70 S< HI mil FUNDS. Greater tax may be levied. Notice of election. Amount of levy to be certified to countv au- ditor. Salary of teachers. State aid. Section 7$. N. P., 386. Section 7615. The board of commissioners of the sinking fund shall invest that fund in bonds of the United vStates, of the state of Ohio, of any municipal corporation, county, township or school district of any state or in bonds of its own issue. All interest received from such invest- ments shall be deposited as other funds of such sinking fund, and reinvested in like manner. For the extinguish- ment of any bonded indebtednes included in such fund, the board of commissioners may sell or use any of the securities or money of such fund. ( 98 v. 45 § 2.) Section 7616. The board of commissioners of the sink- ing fund may refund, extend or renew the bonded debt of the school district or any part thereof, existing April 25, 1904, by issuing the bonds of such chool district for such periods, not exceeding twenty years, in such denomination, payable at such place an.d at a rate of interest not to exceed the rate previous to such refunding, extension or renewal. But the aggregate amount of the refunding, extending or renewing bonds so issued shall not exceed that of the bonds so refunded, extended or renewed. (97 v. 353 § 3.) Section. 7617. Th board of commissioners of the sinking fund shall make an annual report to the board of education giving a detailed statement of the sinking fund for each year ending with August thirty-first. Such report must be filed with the board of education on or before September thirtieth of each year and other reports may be required by such board of education when deemed neces- sary. ( 98 V. 45 §40 Section 7618. The board of education shall appro- priate to the use of such sinking fund any taxes levied for the payment of interest on its bonded indebtedness, together with the sum provided for in sections seventy-six hundred thirteen and seventy-six hundred and fourteen. Sums so appropriated shall be applied to no other purpose than the payment of such bonds, interest thereon and necessary ex- penses of such sinking fund commission. (98 v. 45 § 4.) Section 7619. When a board of education issued bonds for any purpose, such issue first shall be offered for sale to the board of commissioners of the sinking fund, who may buy any or all of such bonds at par. Within five days of the - time when notice is given, the board shall notify the board of education of its action upon the proposed purchase. After that time the board of education shall issue any por- tion not purchased by such commission according to law. (98 V. 45 §4-) CHAPTER 2. SCHOOL HOUSES AND LIBRARIES. SCHOOL HOUSES. Section 7620. School houses. 7621. Display of U. S. flag. 7622. Regulating use of school houses. 7623. Directions for bidding and for letting contracts. 7624. Appropriation of land for school pur- poses. 7625. Submission of question of bond issue. 7626. If question approved, board may issue such bonds. 7627. Requisites of bonds. 7628. Tax levy to pay bonds thus issued. 7629. Issue of bonds by boards of education. 7630. Limit of issue. LIBRARIES. Section 7631. Establishment of public library. Taxation. Libraries jointly owned by two or more school districts. Board of trustees, appointment, term. Management and control of library. Library trustees, number and eligibility of. Powers of board. May acquire land. Library fund; how provided and main- tained. Payments from library fund. Board of education may contract with library association for use of library. 7642. School library. 7643. Museum. 7632. 7633. 7634. 7635. 7630. 7637. 7638. r640. 7641. SCHOOL HOUSES. Section 7620. The board of education of a district may build, enlarge, repair and furnish the necessary school- houses, purchase or lease sites therefor, or rights of way thereto, or rent suitable schoolrooms, provide the necessary apparatus and make all other necessary provisions for the schools under its control. It also, shall provide fuel for schools, build and keep in good repair fences inclosing such school-houses, when deemed desirable plant shade and orna- mental trees on the school-grounds, and make all other provisions necessary for the convenience and prosperity of the schools within the subdistricts. (R. S. Sec. 3987.) Courts of common pi. as may authorize an exchange of school lots; Sec. 3707. County commissioners may act as board of education under certain circumstances; Sec. 7G10. Penalty for destroying plants or trees; Sec. 12490. Penalty for using school house without certificate of inspector; Sec. 12574. A school board is not liable as such for an injury to a pupil arising from negligence in the erection and maintenance of a public school building. 30 O. S., 37. A board of education will be enjoined in the exercise of its discretion where it attempts without any valid reason or necessity to expend the public funds for the erection of a new school house in another place in the district when the old one is suitable and satisfactory and located near the center of the district. 13 C. C, 258. Statutes do not require advertisement for bids nor letting of contract for coal to lowest bidder. Gosline v. Toledo (Bd. of Ed.), 30 O. C. C, 503 (11 N. S. 195.) The law requires, under severe penalties to be visited on those who have control thereof, that "all school houses are to have ample means of convenient egress, and doors opening outward." For requirements as to certificates regarding the safety of such buildings, and the penalties relating to neglect, see Sections 1031-1036. Concerning the full power of boards of education, teachers, or other citizens, to secure protection against the injury or defacement of "school houses, school yards, trees, fences, gates and bars," see General Code, section 12477, also section 12487. Any citizen may prosecute the transgressor in these cases. School houses, school furniture, and other school property belonging to the township, and not to the subdistrict, are entirely under the legal control of the township board. It is the duty of the township board of education to exercise such super- vision over the school houses in the several subdistricts, as may be neces- sary to prevent their being used in such a manner and for such purposes as may interfere with their use, for the legitimate and special purposes for which they were erected. 77 School-houses. 78 SCHOOL HOUSES AND LIBRARIES. Display of U. S. flag. Regulating use of school-houses. Directions for bidding and for letting contracts. Section 7621. All boards of education are required to display the United States national flag upon all school-houses under their control, during all day school sessions in fair weather, which shall be displayed on the inside of the school- house on all other days. Such boards shall make all rules and necessary regulations for the care and keeping of such Mags, the expense thereof to be paid out of their contingent funds. (92 v. 86 § 1.) Section J622. When, in the judgment of a board of education, it will be for the advantage of the children re- siding in any school district to hold literary societies, school exhibitions, singing schools, religious exercises, select or normal schools, the board of education shall authorize the opening of the school-houses for such purposes. The board of education of a school district in its discretion may author- ize the opening of such school-houses for any other lawful purposes. But nothing herein shall authorize a board of education to rent or lease a schoolhouse when such rental or lease in any wise interferes with the public schools in such district, or for any purpose other than is authorized by this chapter. (R. S. Sec. 3987-1.) Powers of boards of education; Sec. 4749. Leasing a school house for a private school is a violation of the trust, and is not within the power of "disposing" of property in Sec. 3971, and a resident taxpayer may obtain injunction. 35 O. S., 143. School houses should not be open for any purpose concerning the moral effect of which there is a difference of opinion among the residents of the district. Section 7623. When a board of education determines to build, repair, enlarge or furnish a school-house or school- houses, or make any improvement or repair provided for in this chapter, the cost of which will exceed in city districts, fifteen hundred dollars, and in other districts five hundred dollar-,, except in cases of urgent necessity, or for the se- curity and protection of school property, it must proceed as follow? : i, For the period of four weeks, the board shall adver- tise for bids in some newspaper of general circulation in the district, and two such papers, if there are so many. If no newspaper has a general circulation therein, then by posting such advertisement in three public places therein. Such ad- vertisement shall be entered in full by the clerk, on the re- cord of the proceedings of the board. 2. The bids, duly sealed up, must be filed with clerk by twelve o'clock, noon, of the last day stated in the adver- tisement. 3. The bids shall be opened at the next meeting of the board, be publicly read by the clerk, and entered in full on the records of the board. 4. Each bid must contain the name of every person interested therein, and shall be accompanied by a sufficient guarantee of some disinterested person, that if the bid be accepted, a contract will be entered into, and the perform- ance of it properly secured. SCHOOL HOUSES AND LIBRARIES. s. _ When both labor and materials are embraced in the work bid for, each must be separately stated in the bid with the price thereof. 6. None but the lowest responsible bid shall be ac- cepted. The board in its discretion may reject all the bids or accept any bid for both labor and material for such im- provement or repair, which is the lowest in the aggregate. 7. Any part of a bid which is lower than the same part of any other bid, shall be accepted, whether the residue of the bid is higher or not; and if it is higher, such residue must be rejected. > 8. The contract must be between the board of educa- tion and the bidders. The board shall pay the contract price for the work, when it is completed, in cash, and may pay monthly estimates as the work progresses. 9. When two or more bids are equal, in the whole, or in any part thereof, and are lower than any others, either .may be accepted, but in no case shall the work be divided be- tween such bidders. _ 10. When there is reason to believe that there is collu- sion or combination among the bidders, or any number of ?L em > the bids of those concerned therein shall be rejected (K. S. Sec. 3988.) see Sms^V^ST tS 2364 r SCh ° 01 h ° USeS Whe " C ° St am ° Unts t0 $10 > 000 or mo ^> with the pdce of each e 1n°H w !» c \£ e P"ately states the labor and mater at "^>?™,&^ ^at it is to he n™S^ S£ S of mandamus 1 ; h? Z thow^U^eV^ W ° rk T T intain a " action shoulc I be made w^ffii^ft &%™ ™* agreement or obligation n volving the expenditure of money, or pass any resolution or order for the appropriation or expenditure of money, unles the auditor purpose ol this section, be deemed in the treasury and in L tec k'Uh 8 a j t , h ?, order or ^solution is in force. (R S sec. ZtSdih, as amended May, 1910.) as ^^^^^ir^ f SL^ 'jf^^^ operation in so far render a note given by a board of FaL^ Statutory ^uirements should will not enjoin V s collection "s O C C ^ S^Ta^ a J la ^ C0UrtS Port, 78 O. S., 443.) See also 11 O. C C.\ 41 (Affirnfei^f Tl^fe) * *" Section 5661. All contracts, agreements' or obligations and orders or resolutions entered into or passed contrary tc t he oro t'ion°"l °u the . UeX \ P recedi "g action, shall be void, but such se?-~ Xr n " ?t apP iV° ' he COntracts authorized to be made by other provisions of law for the employment of teachers officers 2834b°) S empI ° yeS ° f b ° arC ^ ° { education (R: S Sec See Mc Alexander v. Haviland School District io Dec SO n \r 5 son » acted 1^ &^ g^SZj&T ^ ^ ^ * "e'nJL? tfU respect to the ^tL^i^^^-'^^l^ >fc^^ sh ^ through itTTeco b rdsf°^tf acts'TnlinJ^lH 3 ^ ° f ^ UCation s P eaks °"* by its records. Hence although t h/ / d f e !' mi "at,ons are only known settle the q„es ion yet it safest tc a^l ?1 f f th f ? . sta * ute W "<>* clearly an ^^/determination Purchasers of To J, 1 ^..^rjnination is to be 6 s. i y . 8i Resolution as to such debts. Levy to meet payment of bonds. Certificate of clerk neces- sary in cer- tain cases. Exceptii ms thereto. 82 S< LOOL KOI SES AND LIBRARIES. If question approved, board may issue such bonds. Requisites of bonds Tax levy to pay bonds thus issued. Se< j u>\ 7626. If a majority of the electors, voting on the proposition to issue bonds, vote in favor thereof, the board thereby shall be authorized to issue bonds for the amount indicated by the vote. The issue and sale thereof shall be provided for by a resolution fixing- the amount of each bond, the length of time they shall run, the rate of interest they shall bear, and the time of sale, which may be by competitive bidding at the discretion of the board. (R. S. Sec. 3992.) Section 7627. Such bonds shall bear a rate of interest not to exceed six per cent per annum payable semi-annually, be made payable within at least forty years from the date thereof, be numbered consecutively, made payable to the bearer, bear date of the day of sale and be signed by the president and clerk of the board of education. The clerk of the board must keep a record of the number, date, amount, and the rate of interest of each bond sold, the a- mount received for it, the name of the person to whom sold, and the time when payable, which record shall be open to the inspection of the public at all reasonable times. Bonds so issued shall in no case be sold for less than their par value, nor bear interest until the purchase money for them has been paid. (R. S. Sec. 3992.) Section 7628. When an issue of bonds has been pro- vided for under the next three preceding sections, the board of education, annually, shall certify to the county auditor or auditors as the case may require, a tax levy surF-cient to pay such bonded indebtedness as it falls due together with ac- crued interest thereon. Such county auditor or auditors must place such levy on the tax duplicate. It shall be col- lected and paid to the board of education as other taxes are. Such tax levy shall be in addition to the maximum levy for school purposes, and must be kept in a separate fund and ap- plied only to the payment of the bonds and interest for which it was levied. (R. S. Sec. 3993.) Mandamus is the proper remedy to compel the board to appropriate moneys already in their treasury for that purpose, toward the payment of such bonds, and to levy such tax as may be necessary to complete such payment. 27 O. S., 96. A board of education agreed to borrow a sum of money at an aggregate rate of interest of fifteen per cent., in manner following: For the amount so to be borrowed, bonds were to be issued' bearing the authorized rate of interest, and for the excess of interest, orders on the treasury were to be issued, payable at the same time as the legal interest. The bonds were regularly issued, bearing eight per cent, interest, and sold at par. and the money was received and used as authorized. For the excess of interest, orders on the treasury were at the same time issued and delivered to the purchaser, as agreed to by the parties, but were never presented for payment, and after their maturity, lie offered to return them for cancellation: Held, that this agreement to pay excess of interest is void, and, having never been executed in whole or in part, will not avoid a recovery on the bonds. 35 O. S.. 510. Certain bonds were issued bv a board of education: they were afterwards redeemed before maturity, and placed in the hands of the treasurer for de- struction. The treasurer failed to destrov them, but fraudulently used them as collateral security for an individual loan bv an innocent third person: Held, that the board was not liable for the payment of the same. 41 O. S., 504. Ad\ ert i of sale. SALE OF PUBLIC BONDS. Section 2294. All bonds issued by boards of county com- missioners. boards of education, or commissioners of free turn- shall be sold to the highest bidder after being advertised 83 How sold; when bids re- jected. SCHOOL HOUSES AND LIBRARIES. three times, weekly, in a newspaper having general circulation in the county where the bonds are issued, and, if, the amount of bonds to be sold exceeds twenty thousand dollars, in an addi- tional new -paper having general circulation in the state three times, weekly. The advertisement shall state the total amount of bonds to be sold, the amount of each bond, how long they are to run, the rate of interest to be paid thereon, whether annually or semi-annually, the law or section of law authorizing the issue yJS day A h ? u !\ and place m the co " n ty where they are to be sold' ( oil V. DO § 1.) Section 2295. None of such bonds shall be sold for less ban the face thereof, with any interest that may have accrued thereon, and the privilege shall be reserved of rejection of any or al bids. It bids are rejected the bonds shall again be advertised All moneys from both principal and premiums on the sale of such bonds, shall be credited to the fund on account of which the bonds are issued and sold. (80 v. 68 § 1.) prescribe a graded course of study for all schools under their control in the branches named in section seventy-six hundred and forty-eight, subject to the approval of the state com- missioner of common schools. (R. S. Sec. 4007.) Neglect to Section 12900. Whoever, being a principal or person in instruct pupils charge of a public or private school or educational institution m fire drills. having an average daily attendance of fifty or more pupils, wil- fully neglects to instruct and train such pupils by means of drills or rapid dismissals at least once a month while such school or institution is in session, so that such pupils, in a sudden emer- gency may leave the school building in the shortest possible time and without confusion, or wilfully neglects to keep the doors and exits of such building unlocked during school hours, shall be fined not less than five dollars nor more than twenty dollars for each offense. (99 v. 231 §§ 1, 2.) Same as to Section 12901. Whoever, being a teacher or instructor in dangers of a public, private or parochial school, wilfully neglects to devote re - ! es ? than thirty minutes in each month during which such school is in session to instructing the pupils thereof between the ages of six and fourteen years, as to dangers of fire, shall be fined not less than five dollars nor more than twenty dollars. (99 v 9 31 §§ 1, 2.) Duty of state Section 12902. The state fire marshal shall prepare a book fire marshal. for the purpose of the instruction of pupils provided in the next two preceding sections. Such book shall be conveniently arranged in a sufficient number of chapters or lessons to provide a different one thereof for each week of the maximum school year. One of such chapters or lessons shall be read each week by the teacher in such school. (99 v. 231 § 1 ) Dutv of school Section 12903. Such books shall be published at the ex- commissioner, pense of the state under the direction of the state school commis- sioner, who shall furnish a copy thereof to each teacher required to give such instruction. (99 v. 231 § 1.) J^ntions , Section 12901. The next four preceding sections shall not to same. app ] y lo co ii eges an( j universities. (99 v. 232 § [.) Manual to Section 12905. The members of the boards of education. be i^ued. school directors, trustees or other body of persons having control of the schools of a township, village or- city shall cause a copy ot [lie next five preceding sections to be printed in the manual or handbook prepared for the guidance of teachers where such manual is in use (99 y 23° § 3 ^ SCHOOLS AND ATTENDANCE. Section 7646. Each township board of education One school to shall establish and maintain at least one elementary school subd?str?ct! in each subdistrict under its control, unless transportation is furnished to the pupils thereof as provided by law. (R. S. Sec. 4007.) Change of boundaries and suspension of schools in sub-districts, con veyance of pupils; see Sees. 7730-7732. In determining: the question as to how may schools are necessary in th : districts, either of townships, villages, or cities, three things should be con- sidered: 1. Convenience of access. 2. Economy in expenditure. 3. A proper grading and classification of the pupils, in cases where grading is possible. There is no reason why two or more school houses or two or more school rooms may not be provided in a sub-district. Normal school. Section 7647. The board of education in any city school district may establish and maintain a normal school within its district, and also establish and maintain such summer or vacation schools, school gardening and play grounds as to it seems desirable. (R. S. Sec 4007.) Section 7648. An elementary school is one in which Elementary instruction and training are given in spelling, reading, writ- f^ 1 de ~ ing, arithmetic, English language, English grammar and composition, geography, history of the United States, includ- ing civil government, physiology and hygiene. Nothing herein shall abridge the power of boards of education to cause instruction and training to be given in vocal music, drawing, elementary algebra, the elements of agriculture and other branches which they deem advisable for the best interests of the schools under their charge. (R. S. Sec. 4007-1.) High school defined. Section 7649. A high school is one of higher grade than an elementary school, in which instruction and train- ing are given in approved courses in the history of the United States and other countries ; composition, rhetoric, English and American literature ; algebra and geometry ; natural science, political or mental science, ancient or mod- ern foreign langauages, or both, commercial and industrial branches, or such of the branches named as the length of its curriculum makes possible. Also such other branches of higher grade than those to he taught in the elementary schools, with such advanced studies and advanced reviews of the common branches as the board of education directs. CR. S. Sec. 4007-2.) Section 7650. A college is a school of a higher grade College than a high school, in which instruction in the high school defined - branches is carried beyond the scope of the high school and other advanced studies are pursued, or a school in which special, technical or professional studies are pursued, and which, when legally organized, may have the right to con- fer degrees in agreement with the terms of the law regula- ting its practices or its charter ; or in the absence of legisla- tive direction, in agreement with the practices of the better institutions of learning of their respective kinds in the United States. CR. S. Sec. 4007-3.) SCHOOLS AND ATTENDANCE. grade. nigh schools Section 7651. The high schools of the state shall be ed - classified into schools of the first, second, and third grades. All courses of study offered in such schools shall be in branches enumerated in section seventy-six hundred and forty-nine. (R. S. Sec. 4007-4.) Section 7652. A high school of the first grade shall be a school in which the courses offered cover a period of -,iot less than four years, of not less than thirty-two weeks each, in which not less than sixteen courses are required for graduation. (R. S. Sec. 4007-4.) Second grade. Section 7653. A high school of the second grade shall cover a period of not less than three years, of not less than thirty-two weeks each, in which not less than twelve courses of study are required for graduation. (R. S. Sec. 4007-4.) Third grade. Section 7654. A high school of the third grade shall cover a period of not less than two years, of not less than twenty-eight weeks each, in which not less than eight courses of study are required for graduation. (R. S. Sec. 4007-4.) Elementary Section. 7655. Public schools of a less grade shall grade. j 3e denominated as elementary schools. A course of study shall consist of not less than four recitations a week con- tinued throughout the school year. (R. S. Sec. 4007-4.) Diploma to be given to graduates. Section 7656. A diploma must be granted by the board of education to any one completing the curriculum in any high school which diploma shall state the grade of the high school issuing it as certified by the state commis- sioner of common schools, be signed by the president and clerk of the board of education, the superintendent and the principal of the high school, if such there be, and shall bear the date of its issue. (R. S. Sec. 4007-5.) Certificate as Section 7657. A certificate shall also be issued to the s?hooi ade ° f holder of each diploma in which shall be stated the grade of the high school, the names and extent of the studies pursued and the length of time given to each study to be certified to in the same manner as set forth for a diploma. (R. S. Sec. 4007-5.) i,,n to Section 7658. A holder of a diploma from a high .' e^ school of the first grade shall be entitled to a certificate of ceptiori. admission without examination to any college of law. medi- cine, dentistry, or pharmacy in this state, when the holder thereof has completed such courses in science and language as are prescribed by the legally constitute 1 authorities regu- lating the entrance requirements of such college; except such institutions privately endowed which may require a higher standard for entrance examinations than herein is provided. (R. S. Sec. 4007-5.) SCHOOLS AND ATTENDANCE. 91 Section 7659. A holder of a diploma from any grade of high school or of a teacher's certificate from a county or city board of teacher's examiners, when he has pursued his studies under private tutorage or in an office, shall be eligi- ble to take the examination for admission to the practice of law or to take the examination prescribed to enter a college of law, medicine, dentistry or pharmacy ; except such insti- tutions privately endowed, which may require a higher standard for entrance examinations than herein is provided. (R. S. Sec. 4007-5.) Section 7660. The clerk of the board of education of each district in which a high school is established and main- tained shall furnish to the state commissioner of common schools definite and accurate information concerning the length of time necessary for the completion of the high school curriculum or curriculums, the courses of instruction offered therein, and such other information as the com- missioner requires in relation to the high school work of the district, and in the form and manner he prescribes. Such information shall be filed when high schools are estab- lished or any changes made in curriculums. (R. S. Sec. 4007-6. ) Section 7661. Upon examination of the information thus filed, or after personal inspection of work done if he deems this advisable, or both, the state commissioner of com- mon schools, shall determine the grade of each such high school and, under the seal of his office, certify to the clerk of the board of education his finding as to the grade of the high school maintained by such board. But he may with- hold his approval of any curriculum, when it appears to him that it does not comply with legal and reasonable requirements. When it appears that any curriculum, al- ready approved, has been so modified as to change the grade of the high school, either by advancing or reducing its grade, he shall certify his finding and all diplomas issued there- after shall bear the grade so designated by him. (R. S. Sec. 4007-6.) Section 766?. No school shall be considered a high school that has not furnished the information and received a certificate as provided above, nor be entitled to the privi- leges and exceptions provided by law for high schools. (R. S. Sec. 4007-6.) Section 7663. A board of education may establish one or more high schools, whenever it deems the establishment of such school or schools proper or necessary for the con- venience or progress of the pupils attending: them, or for the conduct and welfare of the educational interests of the district. (R. S. Sec. 4009.) This section fullv authorizes hoards of education 'o establish high schools without submitting the ouestion to a vote of the electors of the district, unless it should he found necessary to levy a tax in excess of the maximum allowed bv law and issue bonds; in which case an election is required: see Sec. 7625. Who elij to take exami- nation for ad- mission or to enter professional school: ex ception. Inform as to character of high Certificate ai to grade of school: with- holding ap- proval. Penal ty for failure to give information. Any bo; education may establish high 51 92 SCHOOLS AXD ATTENDANCE. Discontin- uance thereof. Management and control (if township high schools. School- houses. Admission of pupils. Estimate of funds needed. Union of dis- tricts for high school purposes. Section 7664. Such school or schools, when establish- ed, shall not be discontinued under three years from the time of their establishment, except by a vote of three-fourths of all the members of the board of education of the district, at a regular meeting. (R. S. Sec. 4009.) A township high school does not pass to a village incorporated out of the territory including it by reason of a general saving clause in the act of 1373. 41 O. S., 6S0. Change of territory organizing a separate school district does not entitle the new district to seize on property within it that had been set apart by the township board for a higher school than a primary, although this would be within the letter of R. S., Sec. 3972, which relates to the subject. 46 O. S., 595. Section 7665. When a township board of education establishes and maintains a high school or high schools with- in the district under its control, it shall have the the manage- ment and control thereof, and may employ and dismiss teachers, and give certificates of such employment, and for services rendered, directed to the township clerk. (R. S. Sec. 4009-1.) Section 7666. Such board of education shall build, repair, add to and furnish the necessary schoolhouses, pur- chase or lease sites therefor, or rent suitable rooms, and make all other necessary provisions relative to such schools as may be deemed proper. (R. S. Sec. 4009-1.) Section 7667. Such board of education may regulate and control the admission of pupils from the elementary schools under its charge to such high school or high schools, according to age and attainments, may admit adults over twenty-one years of age, and pupils from other districts on such terms and under such rules as it adopts. It shall maintain such high school or high schools not less than twen- ty-eight nor more than forty weeks in any school year. (R. S. Sec. 4009-1.) Section 766$. In townships where a high school or high schools are, or may be established, by the township board of education, it annually shall determine by estimate, as near as practicable, the entire amount of money necessary to be expended in the township for school and schoolhouse purposes, including the paying of teachers in such schools, the prolonging of the terms of the several elementary schools of the township after the state funds have been exhausted, the erecting, repairing and furnishing of school houses, and any other school purposes not exceeding in any one year ten mills on the dollar of the taxable property of the town- ship, which amount shall be certified in writing to the county auditor, by such township board, on or before the first Monday in June of each year. (R. S. Sec. 4009-2.) Section 7669. The boards of education of two or more adjoining township school districts, or of a township district and of a village or special school district situated partially or wholly within the township, or of any two or more of such school districts. 1 y a majority vote of the full membership of each board, may unite such districts for high SCHOOLS AND ATTENDANCE. school purposes. Each board also may submit the question of levying a tax on the property in their respective districts, for the purpose of purchasing a site and erecting a building,' and issue bonds, as is provided by law in case of erecting or repairing school houses ; but such question of tax levy must carry in each district before it shall become operative in either. If such boards have sufficient money in the treas- ury to purchase a site and erect such building, or if there is a suitable building in either district owned by the board of education that can be used for a high school building it will not be necessary to submit the proposition to vote, and the boards may appropriate money from their funds for this purpose. (99 v. 462 § 1.) Section 7670. Any high school so established shall be under the management of a high school committee, consist- ing of two members of each of the boards creating such joint district, elected by a majority vote of such boards. Their membership of such committee shall be for the same term as their terms on the boards which they respectively represent. Such high school shall be free to all youth of school age within each district, subject to the rules and regulations adopted by the high school committee, in regard to the qualifications in scholarship requisite for admission such rules and regulations to be of uniform operation throughout each district. (9$ v. 462 § 1.) Section 7671. The funds for the maintenance and support of such high school shall be provided by appropria- tions from the tuition or contingent funds, or both, of each district, in proportion to the total valuation of property in the respective districts, which must be placed in a separate fund in the treasury of the board of education of the dis- trict in which the school house is located, and paid out by action of the high school committee for the maintenance of the school. (99 v. 462 §1.) 93 by ma tenanc such se Township board of education may be compelled under this s-ctioi c" nTVX a PP r °P na f te ^s proportionate share of expanse for the main ce of such school from the tuition or contingent fund provided b' section; but it can not be compelled to make the appropriat ion from i High school committee. Funds, li provided. levy made for the subsequent" yeaVun^ it cr^^^^onTTSuTTmpalring the general school fund or the efficiency of the common schools 30 O C. C Section 7672. Boards of education exercising control Tax for the purpose of taxation over territory within a town- ship or joint township high school district mav levy upon all the taxable property within such territory, not exceeding five mills on one dollar in any one year, in addition to all other lawful levies for the maintenance of any township or joint township high school to which such territory belongs. All funds derived from levies so made shall be kept sepa- rate and be paid out for the maintenance of the school for which they were made. (99 v. 462 §1.) Section 7673. The school board of any village school district in which is located a university or college, organized under the laws of this state, as an institution of learning h •>. five mills. Tax levy for support of municipal university. <»4 SCHOOLS AND ATTENDANCE. not for profit, and under the management of a board of trustees, may levy a tax not exceeding two mills annually, in addition to all lawful taxes for all other purposes, upon all taxable property within such district for the support of such university or college. (99 v. 519 § I.) 1 of Section 7674. In the event such levy is made, all holders of a high school diploma obtained from such village district high school shall have the right to attend such uni- versity or college for the period of two years, free of tui- tion. < v 99 v. 520 § 2.) Disposition Section 7675. The funds arising from such tax levy nrls - shall be turned over to the board of trustees of such uni- versity or college by the county treasurer to be expended by them in the conduct of the university or college and for no other purpose. (99 v. 520 § 3.) Schools at Section 7676. The board of any district in which a hoiras^or- children's home or orphans' asylum is established by law, phans' asy- or m which a county infirmary is established, when request- firmaries. ed by the board of trustees of such children's home, orphans* asylum or the directors of such infirmary, shall establish a separate school in such home, asylum or infirmary, so as to afford to the children therein, as far as practicable, the advantages and privileges of a common school education. Such schools at infirmaries must he continued in operation each year until the share of all the school funds of the dis- trict belonging to such children, on the basis of the enumera- tion, is expended, and at such homes and asylums not less than forty-four weeks. If the distributive share of school funds to which the school at such a home or asylum is en- titled by the enumeration of children in the institution is not sufficient to continue the schools for that length of time, the deficiency shall be paid out of the funds of the institution. (R. S. Sec. 4010.) igement Section 7677. All schools so established in any such > ^ h home, asylum or infirmary, shall be under the control and management of the respective boards of trustees or directors of such institution, which boards in such control and man- agement so far as practicable, shall be subject to the same laws that boards of education and other school officers are who have charge of the common schools of such district. (R. S. Sec. 4010.) Section 7678. In the establishment of such schools the commissioners of the county in which such children's home, orphans' asylum or county infirmary is established, shall provide the necessary school room or rooms, furniture, fuel, apparatus and books, the cost of which for such schools must be paid out of the funds provided for such institution. The board of education shall incur no expense in supporting such schools. (R. S. Sec. 4010.) For ads relating to children's homes, see Sees. 3077 See also sections 4083 I 8S. citv Evenini schools. Who may be admitted to school free. SCHOOLS AND ATTENDANCE. Section 7679. In any township, special, village, or , district, or part thereof, parents or guardians of youth of school age may petition the board of education to organ- ize an evening school. The petition must contain the names of not less than twenty-five youth of school age who will attend such school, and who for reasons satisfactory to the board are prevented from attending day school. Upon re- ceiving such petition the board of education shall furnish a suitable room for the evening school and employ a compe- tent person who holds a regularly issued teacher's certificate, to teach it. Such board may discontinue any such evening school, when the average evening attendance for any month fails belcw twelve. (R. S. Sec. 4012.) Section 7680 Any person more than twenty-one Attendance years old may be permitted to attend evening school upon ^^than such terms and upon payment of such tuition as the board twenty-one of education prescribes. (R. S. Sec. 4012a.) years old ' Section 7681. The schools of each district shall be free to all youth between six and twenty-one years of age, who are children, wards, or apprentices of actual residents of the district, including children of proper age who are inmates of a county or district children's home located in such a school district, at the discretion of its board of education. But all youth of school age living apart from their parents or guardians and who work to support them- selves by their own labor, shall be entitled to attend school free in the district in which they are employed. ( R. S. Sec. 40T3.) Attending school in other district if nearer; see sections 7734 7735. The children inmates of the German Protestant Asylum of Cincinnati. are not children, wards, or appreniices of actual residents" in the school district within which said asylum is located, and therefore, under the act ot 1-eb 21. 1840, are not entitled to gratuitous admission to the privileges of the public ^schools of said district. 10 O. S., 448. ii , m? re g ulation can be made under this section that does not apply to all children, irrespective of race or color. 45 O. S., 555. Under this section persons under twenty-one years of age, though mar- ried, are entitled to all the privileges of the schools of the district in which they reside notwithstanding they have not been enumerated in the school census, and in consequence can draw no part of the state school fund. _ that portion of the above section relating to children living apart f tlieu- parents or guardians, who support themselves bv their own labor c not apply where a child moves into a district in which his parents do not live, with the express purpose of attending school, and incidentally works for his Doarcl and lodging; in such cases tuition can be charged. Section 12906. Whoever, being a pupil in the public schools, organizes, joins or belongs to a fraternity, sorority or other like society composed of or made up of pupils of the' public schools, shall be fined not less than ten dollars nor more than twenty-five dollars for each offense. (99 v. 253 §§ 1, 3.) Section 12907. Whoever, being a teacher, principal or super- Teacher, prin- mtendent. having knowledge or reason to believe that a fraternity, cipal or' super sorority or like society composed or made up of pupils of the l ntendent . fa ^ public schools, is being organized or maintained in the public ,Tofice° offra- schools or that a pupil attending such school is organizing, or temity in is a member of. such fraternity, sorority or like society, ' fails forthwith to advise the president or secretary of the board of education in charge of such schools thereof, shall be fined not less than ten dollars nor more than twenty-five dollars for each offense. (99 v. 253 §§ 2, 3.) 95 rom does 1 lipil .10111111' fraternity; penalty. schools. 96 SCHOOLS AND ATTENDANCE. Board of edu- cation to in- vestigate charges of existence of fraternity; no- tice to mem- bers thereof. Suspension of pupils. Non-resident pupils. Crediting of school tax on tuition. Assignment of pupils. Suspension and expulsion of pupils. Section 12908. Whoever, being a board of education in charge of public schools, upon being advised in accordance with the provisions of the next preceding section, within thirty days thereafter, fails to investigate such charges after not less than ten days' written notice to such pupils, their parents or guar- dians, or, being the secretary of such board of education, when such board has found the charges mentioned in the next preced- ing section to be correct and true, fails forthwith to notify in writing the pupils organizing, joining or belonging to such fra- ternity, sorority or like society, to disband and discontinue it and to withdraw therefrom within five days from the receipt of such notice, shall be fined not less than ten dollars nor more than twenty-five dollars for each offense. (99 v." 253 §§ 2, 3.) Section 12909. Whoever, being a pupil in the public schools, organizing, joining or belonging to a fraternity, sorority or like society composed or made up of pupils of the public schools, fails to obey the notice provided for in the next preceding sec- tion, shall be forthwith suspended from the public schools by the superintendent or principal in charge thereof in cities or dis- tricts having such superintendents or principals, or the clerk of the board of education in villages, special and township districts not having such superintendent or principal, until such pupil shall comply with the order of such board of education. (99 v. 253 § 2.) Section 7682. Each board of education may admit other persons upon such terms or upon the payment of such tuition as it prescribes. (R. S. Sec. 4013.) Section 7683. When a youth between the age of six and twenty-one years or his parent owns property in a school district in which he does not reside, and he attends the schools of such district, the amount of school tax paid on such property shall be credited on his tuition. (R. S. Sec. 4013-) Section 7684. Boards of education may make such an assignment of the youth of their respective districts to the schools established by them as in their opinion best will promote the interests of education in their districts. (R. S. Sec. 4013.) Mandamus will not lie to compel hoard of education to promote a pupil to a higher grade than tint for which he was successfully examined, notwith- standing such pupil is fitted to enter such grade, such question being dis- cretionary with the board. Sycamore (Bd. of Ed.) v. Wickham, SJ O. S., 133. Section 7685. No pupil shall be suspended from school by a superintendent or teacher except for such time as is necessary to convene the board of education, nor shall one be expelled except by a vote of two-thirds of such board, and after the parent or guardian of the offending pupil has been notified of the proposed expulsion, and permitted to be heard against it. No pupil shall be suspended or expelled from any school beyond the current term thereof. (R. S. Sec. 4014.) The father of a child entitled to the benefits of the public school of the sub-district of his residence may maintain an action against the teacher ot the school, and the local directors of the sub-district, for damages for wrong- fully expelling the child from school. 21 O. S., 6f>6. In many cases of incorrigibility, proceedings can be instituted against the offender as provided by section 7774. as a juvenile disorderly person (section 7768), instead of expulsion by the board, as it is in the interest of die commonwealth to keep the child in school, if possible. The parent has no right to interfere with the order or progress of the school by detaining his child at home, or by sending him at times that prove an annoyance or hindrance to others. 31 Iowa, 558. The right to attend school is not absolute, but conditional on compliance with the rules. 48 Vt., 173. SCHOOLS AND ATTENDANCE. Section 7 686. The board of each district may make and enforce such rules and regulations to secure the vacci- nation of, and to prevent the spread of small-pox among the pupils attending or eligible to attend the schools of thf district, as m its opinion the safety and interest of the public require. Boards of health, councils of municipal corpora- tions and the trustees of townships, on application of the board of education of the district, at the public expense without delay, shall provide the means of vaccination to such pupils as are not provided therewith by their parents or guardians. (R. S. Sec. 3986.) ' v. i*&* ' tte Pr ° visi ° ns of a «*tract which are in notwigaK On th?^e-mem& ,0 i;. ann0t ^ te3CherS f ° ™ ke "* *>' t£> ^st can be no penalty laid unnn «.„£ „t. * su l>ject to such days, and there reductions of w^k" 3 Hlich?4S4 rVanCeS ' "' "" Way o( *<»**«« or Section 7688. Not later than April the eovernor of the state shall appoint and set apart one day in tire spring IZ n n M- eaC r. y . ear ' '?- a day 0n which tll0se in ch arge of the public schools and institutions of learning under state control, or state patronage, for at least two hours must gfve information to the pupils and students concerning the value and interest of forests, the duty of the public to protect he birds thereof, and also for planting forest trees. P S„cr7day shall be known as Arbor day. (95 v . 38 § 1.) Section 7689. The school year shall begin on the < firs day of September of each year, and close on the thirty- ™° first day of August of the succeeding year. A, school week " eek l«L C ° n % °c c V? da y s i a " d a sdl °°' month of four school weeks. (K. S. Sec. 4016.) to teach The 3 sl^ToreV™ W T^ VUpUs t0 attend SchooI > or te ^hers make up for losTtime by teShfn Nrf d,S — ° ne , wee \ and te ^hers cannot from the board of Education g 5S '" a WCek Wlth ° Ut ex P ress authority cati n T ?o Cl ma S ke h u V p e lost *!& £^ h ' CXP ™ 8 v. 282 § 2.) Section 771 i. Such commissioner, during the first Notices to- half of the month of June, in each year, must furnish to boards - each board of education the names and addresses of all publishers who during the year ending on the first day of the month of June in each year, agreed in writing to fur- nish their publications upon the terms above provided. A board of education shall not adopt or cause to be used in the common schools any book whose publisher has not complied, as to such book, with the provisions of law relating- there- to. (92 v. 282 §3.) Section 7712. If a publisher who agreed in writing Violation c to furnish books as above provided, fails or refuses to fur- pfS™ 4 nish such books adopted as herein provided to any board of education or its authorized agent upon the terms herein provided, such board at once must notify such commission of such failure or refusal, and it at once shall cause an in- vestigation of such charge to be made. If it is found to be true the commission at once shall notify such publisher and each board of education in the state that such book shall not thereafter be adopted and purchased by boards of education. Such publisher shall forfeit and pay to the state of Ohio five hundred dollars for each failure, to be recovered in the name of the state, in an action to be brought by the attorney- general, in the court of common pleas of Franklin county. or in any other proper court or in any other place where service can be made. The amount, when collected, must be paid into the state treasury to the credit of the common school fund of the state. (92 v. 283 § 4.) mined; five year term. io 6 SCHOOLS AND ATTENDANCE. Text books; Section 7713. At a regular meeting, held between the L^yJ^fy.; ' first Monday in February and the first Monday in August, each board of education shall determine by a majority vote of all members elected the studies to be pursued and which of such text-books so filed shall be used in the schools under its control. But no text-books now in use or hereafter adopted shall be changed, nor any part thereof altered or re- vised, nor any other text-book be substituted therefor for five years after the date of the selection and adoption there- of, as shown by the official records of such boards, except by the consent' at a regular meeting, of five-sixths of all members elected thereto. Books so substituted shall be adopted for the full term of five years. (99 v. 460 § 5-) - Injunction lies to restrain illegal change in school text-books. Lenhart v. Newton Tp. (Bd. of Ed.) 18 Dec. 825 (5 N. S., 129). Text-books. Section 7714. Each board of education shall cause ordered™ it to be ascertained, and at a regular meeting determine which, and the number of each of such books the schools under its charge require, and cause an order to be drawn for the amount in favor of the clerk of the board of educa- tion, payable out of the contingent fund. Such clerk at once shall order the books so agreed upon by the board, of the publisher, who on the receipt of such order must ship them to the clerk without delay. He forthwith shall examine the books, and, if found right and in accordance with the order, remit the amount to the publisher. The beard of education must pay all charges for the transportation of the books, out of the school contingent fund. But if such boards of education at any time can secure of the publishers books at less than such maximum price, they shall do so. and with- out unnecessary delay may make effort to secure such low- er price before adopting anv particular text-book. (99 v. 460 § 5.) Board of Section 7715. Each board' of education shall make education a ]| nece ssary provisions and arrangements to place the books power and , - , L . „ . «- r 1 -1 1 11 j.1 duties of. so purchased within easy reach of and accessible to all the pupils in their district. For that purpose it may make such contracts, and take such security as it deems necessary, for the custody, care and sale of such books and accounting for the proceeds; but not to exceed ten per cent, of the cost price shall be paid therefor. Such books must be sold to the pupils of school age in the district, at the price paid the publisher, and not to exceed ten per cent, therefor add- ed. The proceeds of sales shall be paid into the contingent fund of such district. Boards also may contract with local retail dealers to furnish such books at prices above specified, the board being still responsible to the publishers for all books purchased by it. foo v. 460 S 5.) • oid books, Section 7716. When pupils remove from any district. purchase of. am j ] iave text-books of the kind adopted in such district and not the kind adopted in the district to which they re- move, and wish to dispose of them, the board of the district SCHOOLS AND ATTENDANCE. from which they remove, if requested, shall purchase them at the fair value thereof, and resell them as other books. Nothing herein shall prevent the board of education from furnishing free books to pupils as provided by law. (go v 460 § 5.) Section 7717. For the purpose of carrying into effect the foregoing provisions, and paying the expenses incident thereto, there is hereby appropriated out of any money in the state treasury, to the credit of the general revenue fund, not otherwise appropriated, the sum of five hundred dollars^ to be disbursed and paid on the allowance and order of the commissioner of common schools. (99 v. 460 § 5.) Section 7718. A superintendent, supervisor or princi- pal, employed by any board of education in the state shall not act as a sales agent, either directly or indirectly, for any person, firm or corporation whose school text books are filed with such state commissioner, for use in the public schools of the state, as provided by law. A violation of this pro- vision shall work a forfeiture of their certificates to teach in the public schools of Ohio. (99 v. 460 § 5.) Section 7719. Boards of education of city, village township and special school districts in the state may pur- chase for each school in either of such districts one copy of Howe's Historical Collections of Ohio," to be used as a reference book in the study of the history of the state. But such work m quality, style, binding and finish must be equal to the present published edition thereof, bound in half Rus- sia leather, and shall not cost to exceed three dollars per volume, for each set of three volumes. The price of the books and cost of transportation shall be paid out of the contingent fund of such district. (89 v. 241 § 1.) Section 7720. During the vacations of schools, or when they are ont in session such books shall be taken care of in the same manner that maps, globes, dictionaries and other school apparatus are cared for and preserved (80 v. 341 § 2.) Section 7721. Physical training shall be included in the branches regularly to be taught in public schools in city school districts, and in all educational institutions supported wholly or m part by money received from the state. Boards of education of city school districts, and boards of such educational institutions must make provisions in the schools and institutions under their jurisdiction for teaching phys- ical training, and adpot such methods as will adapt it to the capacity of pupils in the various grades therein. Other boards may make such provisions. The curriculum in all normal schools of the state shall contain a regular course on physical education. (97 v. 364 § 1.) Section 7722. Any board of education may establish and maintain manual training, domestic science, and com- mercial departments ; agriculture, industrial, vocational and 107 Appropriation. Sales agents, who may not be. Purchase of Howe's His- torical Col- lections of Ohio. Care and preservation of books. Physical culture i schools. Powers of board of edu- cation, as to manual train- ing, etc. io8 SCHOOLS AND ATTENDANCE. Instruction as to effect of alcoholic drinks on the human system Provision therefor. In -traction ichers. Examination of teachers required. 1 >uty of con missioner of common schools. Forfeiture for failure ive in- ion. Winn German ge may tught. trades schools, also kindergartens, in connection with the public school system ; and pay the expenses of establishing and maintaining such schools from the public school funds, as other school expenses are paid, (ioo v. 17 § 1.) Section 7723. The nature of alcoholic drinks and oth- er narcotics, and their effects on the human system, in con- nection with the various divisions of physiology and hygiene, shall be included in the branches to be regularly taught in the common schools of the state, and in all educational in- stitutions supported wholly, or in part, by money from the state. (94 v. 396 § 1.) Section 7724. Boards of education, and boards of such educational institutions shall make suitable provisions for this instruction in the schools and institutions under their respective jurisdictions, giving definite time and place therefor in the regular course of study ; adopt such methods as will adapt it to the capacity of pupils in the various grades ; and to corresponding classes as found in ungraded schools. The same tests for promotion shall be required in this as in other branches. (94 v. 396 § 1.) Section 7725. In all teachers' institutes, normal schools and teachers' training classes, hereafter established by the state, adequate time and attention shall be given to instruction in the best methods of teaching such branch. (94v. 396 §2.) Section 7726. No certificate shall be granted to any person to teach in the common schools, or in any education- al institution supported by the state who does not pass a satisfactory examination on such subject, and the best methods of teaching it. (94 v. 396 § 2.) Section ^^2^. The state commissioner of common school shall see that the provisions in the next two preced- ing sections relating to county teachers' institutes, and schools and classes by whatever name hereafter established for training teachers, and the examination of teachers, are carried out. Each year, he must make full report of the en- forcement of such sections in connection with his annual report. (94 v. 396 § 2.) Section 7728. Any school official, or employe in any way concerned, in the enforcement of the next five preced- ing sections who wilfully refuses or neglects to provide for, or to give the instruction as to the nature and effect of alco- holic drinks and other narcotics, hereinbefore required,, shall forfeit and pay for each offense the sum of twenty-five dol- lars. Mayors, justices of the peace and probate judges shall have concurrent jurisdiction with the common pleas court to try all such offenses. All forfeitures collected hereunder must be paid into the general county school fund of the county in which it was collected. (94 v. 307 § 3.) Section 7720. Boards of education may provide for the teaching of the German langauge in .the elementary and SCHOOLS AND ATTENDANCE. IOQ high schools of the district over which they have control, but it shall only be taught in addition, and as auxiliary to, the English language. All the common branches in the pub- lic schools must be taught in the English language. (R. S. Sec. 4021.) Section 7730. The board of education of any town- ship school district may suspend the schools in any or all subdistricts in the township district. Upon such suspen- sion the board must provide for the conveyance of the pupils residing in such subdistrict or subdistricts to a public school in the township district, or to a public school in another dis- trict, the cost thereof to be paid out of th^ funds of the township school district. Or, the board may Abolish all the subdistricts providing conveyance is furnished to one or more central schools, the expense thereof to be paid out of the- funds of the district. No sub-district school where the average daily attendance is twelve or more, shall be so sus- pended or abolished, after a vote has been taken under the provisions of law therefor, when at such election a majority of the votes cast thereon were against the proposition of centralization, or when a petition has been filed thereunder and has not yet been voted upon at an election. (R. S. Sec. 3922.)^ Trie courts will not interfere with the discretion of township boards of education in suspending schools in subdistricts. 17 O. D. N. P., 269. Section 7731. No township schools shall be central- ized under the next preceding section by the board of educa- tion of the township until after sixty days' notice has been given by the board, such notices to be posted in a conspicu- ous place in each subdistrict of the township. When trans- portation of pupils is provided for, the conveyance must pass within at least the distance of one-half of a mile from the respective residences of all pupils, except when such residences are situated more than one-half of a mile from the public road. But transportation for pupils living less than one and one-half miles, by the most direct public high- way, from the school house shall be optional with the board of education. (R. S. Sec. 3922.) Section 7732. Boards of education of special school districts may provide for the conveyance of the pupils of such districts to the school or schools of the districts or to a school of any adjoining district, the expense thereof to be paid from the school fund of the special school districts. But boards of education of such districts as provide trans- portation for the pupils thereof, shall not be required to transport pupils living less than one mile from the school- house; and such boards of education shall not discriminate between different portions of said districts or between pupils of similar ages or residing at similar distances from the school-house. (R. S. Sec. 3934. as amended April 27, 1910.) Section 7733. At its option, the board of education in any village school district may provide for the conveyance of the pupils of the district or any adjoining district, to the Suspension schools in subdistrict- ; conveyance of pupils. CentralizatK n, notice re- quired. Conveyance of pupils in special dis- tricts. Conveyance of pupils in village dis- tricts. I IO SCHOOLS AND ATTENDANCE. Pupils may be sent from one district to another. Attendance at nearest school. Expense per capita. Not to apply when schools are central- ized. Sufficient school ac- commodations to be pro- vided. school or schools of the district, the expense of conveyance to be paid from the school funds of the district in which such pupils reside. But such boards as so provide trans- portation, shall not be required to transport pupils living less than one mile from the school house or houses. (As amend- ed May io, 1910.) Section 7734. The board of any district may contract with the board of another district for the admission of pupils into any school in such other district, on terms agreed upon by such boards. The expense so incurred shall be paid out of the school funds of the district sending such pupils. (R. S. Sec. 4022.) Who may be admitted to the public schools: see Sec. 4013. The contract must be express, merely permitting the attendance of a non- resident pupil creates no liability. 50 O. S., 439. Section 7735. When pupils live more than one and one-half miles from the school to which they are assigned in the district where they reside, they may attend a nearer school in the same district, or if there be none nearer there- in, then the nearest school in another school district, in all grades below the high school. In such cases the board of education of the district in which they reside must pay the tuition of such pupils without an agreement to that effect. But a board of education shall not collect tuition for such attendance until after notice thereof has been given to the board of education of the district where the pupils reside. Nothing herein shall require the consent of the board of education of the district where the pupils reside, to such at- tendance. (R. S. Sec. 4022a.) The foregoing section does not require the board of education to admit pupils to a school outside the district in which they reside unless the school in their district is more than a mile and a half from their residence, and more remote from their residence than the school to which admission is sought. Boyce v. Board of Ed., 7G O. S., 365. Section 7736. Such tuition shall be paid from either the tuition or the contingent funds and the amount per capita must be ascertained by dividing the total expenses of conducting the elementary schools of the district attended, exclusive of permanent improvements and repairs/ by the total enrollment in the elementary schools of the district, such amount to be computed by the month. An attendance any part of a month will create a liability for the whole month. (R. S. Sec. 4022a.) Section 77S7. When the schools of a district are cen- tralized or transportation of pupils provided, the provisions of the next two preceding sections shall not apply. (R. S. Sec. 4022a.) No contract between the boards is necessary. If the receiving board give the permission, the sending board must pay, no permission of the sending board is necessary. 10 C. C, 617. The distance is to be measured by the most direct public highway, from the school house to the nearest portion of the curtilage of the child's resi- dence. 5S O. S., 390. Section 7738. Every board of education in this state must provide sufficient accommodations in the public schools for all children in their districts compelled to at- SCHOOLS AND ATTENDANCE. I 1 Free school- books Exa for higr mination entering i school. tend the public schools under the provisions of this chapter. Authority to levy the tax and raise the money necessary for such purpose, is hereby given the proper officers charged with such duty under the law. (R. S. Sec. 4022-13.) Section 7739. Each board of education may furnish, free of charge, scfiool-books, necessary to enable the parent or guardian, without expense therefor, to comply with the requirements of this chapter, to be paid for out of the con- tingent fund at its disposal. Such levy each year, in addi- tion if necessary to that otherwise authorized, as may be necessary to furnish such school-books free of charge to all the pupils attending the public schools, is hereby authorized. But pupils wholly or in part supplied with necessary school- books shall be supplied only as other or new books arc needed. All school-books furnished as herein provided, shall be the property of the district, and loaned to the pu- pils on such terms and conditions as each such board pre- scribes. (R. S. Sec. 4026.) Boards of education which furnish free text-books to pupils in the schools under their control may pay the exchange price when making an exchange of text-books; but it is unlawful to do so when the board has not previously adopted the free text-book plan as provided for by 1 iw. Section 7740. Each board of count}- school exam- iners shall hold examinations of pupils of township and special districts, and of village districts in the subjects of orthography, reading, writing, arithmetic, English grammar and composition, geography, history of the United States, including civil government, and physiology. Two such ex- aminations must be held annually, on the third Saturday of April, and one on the third Saturday of May, at such place or places as such board designates. (As amended April 15, 1910.) Section 7741. The questions for all such examina- tions, throughout the state, shall be uniform and be pre- pared under the direction of the state commissioner of com- mon schools. Sample lists must be mailed, under seal, to the clerks of such boards of examiners not less than ten days before each examination. Upon receipt of the lists, the boards are required to have a sufficient number of copies of them printed for use at the examination. Only such ap- plicants as receive an average grade of seventy per cent. with no grade less than fifty per cent in any branch shall be passed. (R. S. Sec. 4029-1.) Section 7742. Upon written notice, filed by a sue- Township cessful applicant, with its clerk, each township board of ™™™ ence ~ education, must provide for holding a township commence- ment not later than the month of June, at some place within the civil township, and appoint some suitable person to have charge of it. (R. S. Sec. 4029-1.) Section 7743. At such commencement each success- Who to take ful applicant residing in the township school district or any part in corn- special or joint sub-district whose school-house is locate! mencement - Preparation of questions. r i SCHOOLS AND ATTENDANCE. County com- mencement; diploma. Compensation of county examiner and clerk. Expense of commence- ment. Diplomas, effect of, as to tuition. Third grade high school, duty of board to graduates. within the civil township of which the township district forms a part, shall be required to deliver an oration or dec- lamation, or read an essay. Thereupon such board of edu- cation must issue a certificate to each successful applicant, stating that such applicant took part in the commencement. (R. S. Sec. 4029-1.) Section 7744. The board of county school examiners shall provide for the holding of a county commencement not later than August fifteenth, at such place as it determines. At this commencement an annual address must be delivered, at the conclusion of which a diploma shall be presented to each successful applicant who has complied with the provi- sions hereof. Such diploma shall entitle its holder to enter any high school in the state. (R. S. Sec. 4029-1.) Section 7745. The compensation of county examiners ana clerks of boards thereof shall be the same as that fixed by law for the examination of teachers. Each member of such board of examiners, together with the clerk thereof, shall be allowed the minimum fee provided for holding ex- aminations for teachers as renumeration for his services incident to the county Boxwell commencement. Such com- pensation and the necessary expenses incident to the exami- nation and county commencement shall be paid out of the county treasury as provided by law as to examinations of teachers. No extra compensation shall be allowed to county examiners for holding the county commencement. (R. S. Sec. 4029-2.) Section 7746. The expenses incident to the township commencement shall be paid by the township board of edu- cation from the contingent fund of the township district. When the pupils of special districts take part in such com- mencements the board of education of such districts, from their contingent funds, shall pay to the township board of education their share of such expenses, such share to be based on the proportion of pupils, from each district, taking part in such commencements. (R. S. Sec 4029-2.) Section 7/47. The tuition of pupils holding diplomas and residing in township or special districts, in which no high school is maintained, shall be paid by the board of education of the school district in which they have legal school residence, such tuition to be computed by the month. An attendance any part of the month shall create a liability for the entire month; but a board of education maintaining a high school shall not charge more tuition than it charges for other non-resident pupils. (R. S. Sec. 4029-3.) Section 7748. A board of education providing a third grade high school as defined by law shall be required to pay the tuition of graduates from such school residing in the district at any first grade high school for two years, or at a second grade high school for one year and a first grade high school for one year. Such a board providing a second SCHOOLS AND ATTENDANCE. 113 grade high school as defined by law shall pay the tuition of graduates residing in the district at any first grade high school for one year; except that, a board maintaining a second or third grade high school is not required to pay such tuition when a levy of twelve mills permitted by law for such district has been reached and all the funds so raised are necessary for the support of the schools of such district. No board of education is required to pay the tuition of any pupil for more than four school years; except that it must pay the tuition of all successful applicants, who have com- plied with the further provisions hereof, residing more than four miles by the most direct route of public travel, from the high school provided by the board, when such applicants at- tend a nearer high school, or in lieu of paying such tuition the board of education maintaining a high school may pay for the transportation of the pupils living more than four miles from the said high school, maintained by the said board of education to said high school. Where more than one high school is maintained, by agreement of the board and parent or guardian, pupils may attend either and their transportation shall be so paid. A pupil living in a village or city district who has completed the elementary school course and whose legal residence has been transferred to a township or special district in this state before he begins or completes a high school course, shall be entitled to all the rights and privileges of a Boxwell-Patterson graduate.! As amended May 10, 1910.) The foregoing section being general in its application, includes all boards of education — city, village, township and special. Attorney General. Section 7749. When the elementary schools of any township school district in which a high school is maintained are centralized and transportation of pupils is provided all pupils resident of the township school district holding di- plomas shall be entitled to transportation to the high school of such township district, and the board of education thereof shall be exempt from the payment of the tuition of such pupils in any other high school for such a portion of four years as the course of study in the high school maintained by the board of education includes. (R. S. Sec. 4029-3.) Section 7750. A board of education not having a high school may enter into an agreement with one or more boards of education maintaining such school for the school- ing of all its high school pupils. When such agreement is made the board making it shall be exempt from the payment of tuition at other high schools of pupils living within three miles of the school designated in the agreement, if the school or schools selected by the board are located in the same civil township, as that of the board making it. or some ad- joining township. In case no such agreement is entered in- to, the school to be attended can be selected by the pupil holding a diploma, if due notice in writing is given to the clerk of the board of education of the name of the school to be attended and the date the attendance is to begin, such 8 s. i,. Transporta- tion to high school. Agreement, effect of, as to tuition. 114 SCHOOLS AND ATTENDANCE. Tuition, how paid. What shall constitute a high school. Inspectors, appointment and duties of. Field agents, of. notice to be filed not less than five days previous to the be- ginning of attendance. (R. S. Sec. 4029-3.) Section 7751. Such tuition shall be paid from either the tuition or contingent funds and when the board of edu- cation deems it necessary it may levy a tax of not to exceed two mills on each dollar of taxable property in the district in excess of that allowed by law for school purposes. The proceeds of such levy shall be kept in a separate fund and applied only to the payment of such tuition. (R. S. Sec. .4029-3.) Section 7752. No board of education shall be entitled to collect tuition under this chapter unless it is maintaining a regularly organized high school with a course of study ex- tending over not less than two years and consisting mainly of branches higher than those in which the pupil is exam- ined. The standing or grade of all public high schools in the state shall be determined by the state commissioner of common schools, and his finding in reference thereto shall be final. (R. S. Sec. 4029-4.) Section 7753. To aid in the recognition and classifi- cation of high schools, established or seeking recognition in accordance with the provisions of this chapter, the state commissioner of common schools shall appoint two compe- tent inspectors. Under the orders and supervision of the commissioner of schools such inspectors shall make exami- nations of any public schools in the state, visit teachers' in- stitutes, confer with various school authorities and assist the state commissioner of common schools in such other ways as he may direct ; but the inspection herein authorized shall not be a substitute for, or take the place of, the inspec- tion made by the Ohio State University for university pur- poses. In making the first appointment one of the inspectors shall be named for one year and one for two years and thereafter the appointment shall be for two years. Such inspectors shall be paid an annual salary of two thousand dollars. (R. S. Sec. JO?9-4a.) Section 7754. The visitors or field agents of any insti- tution of higher learning, supported wholly or in part by the state of Ohio, shall furnish the state commissioner of com- mon schools with a report of all inspection of public high schools made by them. The reports shall be in such form as the commissioner may prescribe. (R. S. Sec. 4029-4^) Establishmi tit of schools for the education of the deaf. SCHOOLS FOR Till'. DEAF. Section 7755. ^ Upon application by a board of educa- tion of any school district in Ohio to the state commissioner of schools, he shall grant permission to such board, and it thereupon may maintain within its limits one or more day schools, having an average attendance of not less than three pupils, for the instruction of deaf persons over the age of three, residents of this state. (98 v. 219 § r.) SCHOOLS AND ATTENDANCE. US How expense of school de- frayed. Section 7756. A board of education, which maintains Report to one or more day schools for the instruction of the deaf, shall Sfssione^'of report to the state commissioner of schools annually, and SoX?. er as often as such commissioner directs, such facts concerning such school or schools as he requires. ( (98 v. 219 § 2.) Section 7757. The county auditor in each county shall apportion and the county treasurer pay out of the state com- mon school fund received by such county, to the treasurer or other financial officer of a board of education, maintaining a school or schools for the instruction of the deaf, one hun- dred and fifty dollars for each deaf pupil, resident of such county, instructed in any such school for at least nine months during the school year and a share of such sum pro- portionate to the term of instruction of any such pupil so instructed less than nine months during such year. If no school is maintained in a county, but persons residing therein attend such school in another county, then the county treasurer of the county not having such a school shall apportion and pay to the financial officer of the board of education of such other county the amount above specified for each pupil attending such school therein. (98 v. 219 o O' J Section 7758. The sums provided in the next preced- Pa ment f mg section shall be paid by "such county treasurer as soon exposes. ° as may be after the receipt by him of the state common school fund in each year, upon satisfactory proof made to him by the president or clerk of the board of education maintaining such a school, of the number of pupils instructed therein, their residences, and the period of time such pupil was so instructed in such school or schools, the preceding- school year. (98 v. 219 § 4.) , Section 7759. Teachers in such schools shall be ap- , ointment pointed and employed as are other public school teachers anTquaTifica- Persons appointed to teach in such a school must have had tSSe™. special training for teaching, and also special training in the teaching of the deaf, including at least one year's experience as a teacher in a school for the deaf. The so-called "oral" system shall be taught by such teachers. If after fair trial of nine months, any of such children, for any reason, is un- able to learn such method, then no further expense shall be incurred in effort to teach such child in such primary schools. (98 v. 219 § 5.) Section 7760. For the purposes hereof, any person of W1 sound mind, who, by reason of defective hearing, cannot pro- considered fitably be educated in the public schools, as other children, as dea£ - shall be considered as deaf. (98 v. 220 § 6.) Section 7761. The state school commissioner shall select ^some competent person to inspect all such day schools sEiVfSr ° organized, and cause, an inspection thereof to be made at dea£ ' least twice a year. Persons so appointed must make a writ- n6 SCHOOLS AXD ATTENDANCE. ten report to such commissioner of the buildings in which such schools are held, the method of instruction and all other matters which may seem to be of interest and profit to the education of the children therein. (98 v. 220 § 7.) e,V.- ■ CHAPTER 4. COMPULSORY EDUCATION'. Section 7762. 7763. 7764. 7765. 7766. 7767. 7768. 7769. 7770. 7771. 7772. 7773. Branches children must be taught. Necessary time of attendance; excuse. Appeal in case of refusal to excuse. Employment of children under age of- sixteen years. Age and schooling certificate. Attendance of minors in certain cases. Juvenile disorderly person?. Truant officers. Powers. Duties. Report of principal and teachers Proceedings in case of truancy. Section 7,74. Proceedings against juvenile disorderly persons. When inmate of children's home com- mitted to reformatory Costs. Relief to enable child to attend school. Deaf and dumb or blind institutions. Truant officers report to probate judge. Proceedings by probate judge Costs. Notice to board of county visitors. Employment of attorney; compensation. 75. 7777. 7778. 777!i. 7780. 7781. 77S2. 77^3. Section 7762. All parents, guardians and other per- Branches time of at* tendance: . •• r —j 6 "u,umuo anu uiiici UCI- branches sons who have care of children, shall instruct them or cause h hil ? rei V must them to be instructed in reading, spelling, writing, English grammar, geography and arithmetic. (R. S. Sec. 4022-1.) Section 7763. Every parent, guardian or other per- Necessan son having charge of any child between the ages of eight and time °' fourteen years must send such child to a public, private or Sus" parochial school, for the full time that the school attended is in session, which shall in no case be for less than twenty- eight weeks. Such attendance must begin within the first week of the school term, unless the child is excused there- from by the superintendent of the public schools, in city or other districts having such superintendent, or by the clerk of the board of education in village, special and township dis- tricts not having a superintendent, or by the principal of the private or parochial school upon satisfactory showing either that the bodily or mental condition of the child does not per- mit of its attendance at school, or that the child is being in- structed at home by a person qualified, in the opinion of such superintendent, or clerk as the case may be, to teach the branches named in the next preceding 'section (As amended May 10, 1910.) ™* Parei u t i not com P 1 ymg with board of education's order to vaccinate child (12 I^l 33 6 ) COm ' 3ulsor y education act. State v. Turn ey, 31 O C ? C, 222, Section 7764. In case such superintendent, principal or clerk refuses to excuse a child from attendance at school an appeal may be taken from such decision to the probate judge of the county, upon the giving of a bond, within ten days thereafter, to the approval of such judge, to pay the Tif V?i L the a PP eaL Hls decision in the matter shall be final All children between the ages of fourteen and sixteen vears not engaged m some regular employment, shall attend school for the full term the schools of the district in which they re- side are m session during the school year, unless excused for the reasons above named. (R. S. Sec. 4022-1.) Section 12974. Whoever, being a parent, guardian, or other person having the care of a child between the age of eight and fourteen years, fails to place such child in a public, private or 117 Appeal in case of re- fusal to excuse. Failure to send child school. I ] COMPULSORY EDUCATION Employment of children under the ag> of sixteen years. Age and schooling cei tificate. parochial school at the commencement of the annual school term, in accordance with the law relating to compulsory education and within the time prescribed in such law, shall be fined not less than live dollars nor more than twenty dollars. Upon failure or refusal to pay such fine, said parent, guardian, or other person shall be imprisoned in jail not less than ten days nor more than thirty days. (R. S. Sec 4022-1.) Section 7765. No child under sixteen years of age shall be employed or be in the employment of any person, company or corporation during the school term and while the public schools are in session, unless such child presents to such person, company or corporation an age and school- ing certificate herein provided for as a condition of employ- ment, who shall keep the same on file for inspection by the truant officer or officers of the department of workshops and factories. (As amended May 10, 1910.) Section 7766. An age and schooling certificate shall he approved only by the superintendent of schools, or by a person authorized by him, in city or other districts having such superintendent, or by the clerk of the board of educa- tion in village, special and township districts not having such a superintendent, upon satisfactory proof that such child is over fourteen years of age, and that such child has been examined and passed a satisfactory fifth grade test in the studies enumerated in section seventy-seven hundred and sixty-two ; provided, that residents of other states who work in Ohio must qualify as aforesaid with the proper school authority in the school district in which the establishment is located, as a condition of employment or service, and that the employment contemplated by the child is not pro- hibited by any law regulating the employment of children under sixteen years of age. Every such age and schooling certificate shall be signed in the presence of the officer issu- ing the same, by the child in whose name it is issued. The age and schooling certificate must be formulated by the state commissioner of common schools and furnished, in blank, by the clerk of the board of education. Any child between fourteen and sixteen years of age, who shall cease to work for any cause whatever shall report the fact and cause at once to the superintendent of schools, or by a person author- ized by him, in city or other districts having such superin- tendent, or to the clerk of the board of education in village, township or special districts not having such superintendent; said child shall be required to return to school within two weeks, provided ether employment is not secured within such lime ; provided, that should a child in the opinion of the superintendent or person authorized by him in cities and dis- tricts having such superintendent or the clerk of the board of education in village, township, or special districts lose his employment by reason of persistent, wilful misconduct or continuous inconstancy, he may be placed in school until the close of the current school year. The superintendent of schools, or the person authorized by him to issue age and schooling certificates, shall not issue such certificate until he COMPULSORY EDUCATION. U9 has received, examined and approved and filed the following papers duly executed: (i) The written pledge or promise of the person, partnership or corporation to legally employ the child, also the written agreement to return to the superin- tendent of schools or to the person authorized by the superintendent of schools to issue such certificate, the age and schooling certificate of the child, within two days from date of the child's withdrawal or dismissal from the service of the person, partnership or corporation, giving the reason for such withdrawal or dismissal; (2) The school record of such child properly filled out and signed by the principal or other person in charge of the school which such child last attended, giving the name, age, address, standing in studies enumerated in Section seven thousand seven hundred and sixty-two and number of weeks attendance in school during the year previous to applying for such school record, and general conduct; (3) A passport or duly attested transcript of the certificate of birth or baptism or other religious rec- ord, showing the date and place of birth of such child ; a duly attested transcript of the birth certificate filed according to law r with a registrar of vital statistics, or other officer charged with the duty of recording births, shall be conclusive evidence of the age of the child ; or the affidavit of the parent or guardian or custodian of the child applying for an age and schooling certificate showing the place and date of birth of such child, which affidavit must be taken before the officer issuing the age and schooling certificate, who is hereby authorized and required to administer such oath, and who shall not receive or demand a fee therefor; (4) When a reasonable doubt exists in the mind of the superintendent or the person authorized by him that the child has not reached the normal development of a child of its age and is not in sound health and physically able to perform the work which it intends to do, he shall require of the parent or guar- dian a certificate from the board of health showing that .the child is able to perform the work he is to be employed at. (As amended May 10, 1910.) Section 7767. All minors over the age of fourteen and Attendance of under the age of sixteen vears, who have not passed a satis- minors in cer- t3.1ll C3.SCS factory fifth grade test in the studies enumerated in Section seventy-seven hundred and sixty-two, shall attend school as provided in Section seventy-seven hundred and sixty-three, and all the provisions thereof shall apply to such minors. Tn case the board of education of any school district establishes part time day schools for the instruction of youth over fourteen years of age who are engaged in regular em- ployment, such board of education is authorized to require all youth who have not satisfactorily completed the eighth grade of the elementary schools, to continue their schooling until they are sixteen vears of age ; provided, however, that such youth if they have been granted age and schooling cer- tificates and are regularly employed, shall be required to at- tend school not to exceed eight hours a week between the hours of 8 A. M. and 5 P. M. during the school term. All 120 COMPULSORY EDUCATION. youth between fourteen and sixteen years of age, who are not employed, shall be required to attend school the full time. (As amended May 10, 1910.) juvenile dis- Section 7768. Every child between the ages of eight orderly per- anc j f ourteen y ears , anc j every child between the ages of fourteen and sixteen years not engaged in some regular em- ployment, who is an habitual truant from school, or who absents itself habitually from school, or who, while in at- tendance at any public, private or parochial school, is in- corrigible, vicious or immoral in conduct, or who habitually wanders about the streets and public places during school hours having no business or lawful occupation, or violates any of the provisions of this act, >shall be deemed a delin- quent child, and shall be subject to the provisions of law relating to delinquent children. (As amended May 10, 1910.) Many different meanings are likely to be attached to the phrases "regu- lar employment," "habitual truant." "lawful occupation," etc., and in the ab- sence of any decision of the court defining these expressions, it is very diffi- cult, in fact scarcely possible, to draw an exact line of definition. Boards of education should adopt rules governing such matters. Such rules should inform the public as to the interpretation placed upon these expressions by the board, and if reasonable, would almost certainly be sustained by the courts. Tlvfmt Section 7769. To aid in the enforcement hereof, tru- cfficers. ant officers shall be appointed as follows : In city districts the board of education must appoint and employ a truant officer, and may employ such assistants to such truant officer as may be deemed advisable; in special, village and town- ship districts the board of education shall appoint a con- stable or other person as truant officer. The compensation of the truant officer and assistants shall be fixed and paid by the board appointing them. (As amended May 10, 1910.) ?.)we.s. Section 7770. The truant officer and assistants shall be vested with police powers, the authority to serve war- rants, and have authority to enter workshops, factories, stores and all other places where children are employed, and do whatever may be necessary, in the way of investiga- tion or otherwise, to enforce this act. He also may take into custody any youth between eight and fourteen years of age, or between fourteen and sixteen years of age when not regularly employed who is not attending school, and shall conduct such youth to the school he has been attending, or which he rightfully should attend. (As amended May 10. 1910.) Duties. Section 7771. The truant officer shall institute pro- ceedings against any officer, parent, guardian, person, part- nership or corporation violating any provisions of this chap- ter, and otherwise discharge the duties described therein, and perform such other services as the superintendent of schools or the board of education may deem necessary to preserve the moral- and secure the good conduct of school children, and to enforce the provisions of this chapter. The truant COMPULSORY EDUCATION. pi officer shall keep on file the name, address and record of all children between the ages of fourteen and sixteen to whom age and schooling certificates have been granted who desire employment, and manufacturers, employers or other person- requiring help of legal age shall have access to such files. The truant officer shall co-operate with the department of workshops and factories in enforcing the conditions and re- quirements of the child labor laws of Ohio, furnishing upon request such data as he has collected in his reports of chil- dren from eight to sixteen years of age and also concerning employers, to the department' of workshops and factories and to the state commissioner of schools. He must keep a record of his transactions for the inspection and informa- tion of the superintendent of schools and the board of edu- cation , and make daily reports to the superintendent during the school term in districts having them, and to the clerk»of the board of education in districts not having superintend- ents as often as required by him. Suitable blanks for the use of the truant officer shall be provided by the clerk of the board of^education. (As amended May 10, 1910.) ^,- c S hief ai V l dist / ict inspectors of workshops have authority of truant offi- cers, etc., under act as to employment of minors; see Sec 6<>46 rMjHp , her - e a Pupil is attending school in a district in which' he does not ne attends 1S " J"adiction of the school officers of the district where Report of Section 7772. Principals and teachers of all school-; public, private and parochial, shall report to the clerk of the ShS* 1 and board oi education of the city, special, village or township district m which the schools are situated, the names, ages and residence of all pupils in attendance at their schools together with such other facts as said clerk may require in order to facilitate the carrying out of the provisions of this chapter. The clerk shall furnish blanks for such purpose and such report shall be made during the last week of each month from September to June inclusive of each year. Such principals and teachers also must report to the truant officer the superintendent of public schools, or the clerk of the board of education, all cases of truancy or incorrigibility in their respective schools as soon after these offenses have been committed as practicable. It shall further be within the power of all principals or teachers in charge of schools. wherever a child in school reaches his or her twelfth year and has not completed the fourth grade work in the studies enumerated in Section seventy-seven hundred sixty-two, to relieve such child from pursuing the regular course pre- scibed and cause such child to give his entire time to read- ing, writing, spelling, geography, arithmetic and the use of the English language with as much manual training as op- portunity and funds will permit. (As amended May 10 1910.) . Boards of education should have blank forms printed to comply with the provisions of this section of the law. PJ Section 7773. On the request of the superintendent _, of schools or the board of education or when it otherwise in™* T comes to his notice, the truant officer shall examine into truanc y- 122 COMPULSORY EDUCATION. any case of truancy within' his district, and warn the tru- ant and his parents, guardian or other person in charge, in writing, of the final consequences of truancy if persisted in. When any child between the ages of eight and fourteen years, or between the ages of fourteen and sixteen years, in violation of the provisions of this chapter is not regularly employed, is not attending school, the truant officer shall notify the parent, guardian or other person in charge of such child, of the fact, and require such parent, guardian or other person in charge, to cause the child to attend some recognized school within two days from the date of the notice; and it shall be the duty of the parent, guardian or other person in charge of the child so to cause its attend- ance at some recognized school. Upon failure to do so, the truant officer shall make complaint against the parent, guar- dian or other person in charge of the child, in any court of mpetent jurisdiction in the city, special, village or town- ship district in which the offense occurred for such failure. (As amended May 10, I£)io.) Section 12975. Whoever employs a minor under sixteen years of age before exacting from such minor the age and schooling <- rtificate provided by law, or fails to keep such certificate on hie, .or who fails to return to the superintendent of schools or the person authorized by him such certificate within two clays from such minor's withdrawal or dismissal from his services as provided in Section seventy-seven hundred and sixty or to permit a truant officer, upon request therefor, to examine such certificate, - hall be lined not less than twenty-five dollars nor more than fifty dollars. (As amended May 10, 1910.) Section 12977. Whoever, being the parent or guardian or other person in charge of a minor between eight and fourteen years of age, or a minor between fourteen and sixteen years of age who has not passed a satisfactory fifth grade t.st in the .studies enumerated in Section seventy-seven hundred and sixty- two, or is not regularly employed, upon notice fro.ri a truant of- ficer as provided by law, fails to cause such minor to attend a public, private, or parochial school, unless such person proves his inability so to do, shall be fined not less than five dollars nor more than twenty dollars, or the court may in its discretion, require the person so convicted to give a bond in the sum of one hundred dollars, with sureties to the approval of the court, conditioned ili it he or she will cause the child under his or her charge to attend some recognized school within two days thereafter and to remain at such school during the term prescribed by law ; and rpon the failure or refusal of any such parent, guardian or other person to pay said fine and costs or furnish said bond according to the order of the court, then said parent, guardian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days. (As amended May 10, 1910.) Proceedings Section 7774. If the parent, guardian or other person fie ai Ssord U eriy m cnar g e of an Y child, upon complaint for a failure to cause persons. the child to attend a recognized school, proves inability to do so, then he or she must be discharged and thereupon the truant officer shall make complaint that the child is a juve- nile disorderly person within the meaning of section seventy- seven hundred and sixty-eight. If such complaint he made before a mayor, justice of the peace, or police judge, it must he certified by such magistrate to the probate judge. The When inmate of children's home com- mitted to reformatory. Costs. COMPULSORY EDUCATION. probate judge shall hear the complaint, and if he determines that the child is a juvenile disorderly person within the meaning of such section, and if under ten years of age, and ehgib e for admission thereto, he shall commit the child to a children s home, or if not eligible, then to a house of re luge if there be one in the county or to the boys' indus- trial school or the girls' industrial home, or to some other juvenile reformatory. (R. S. Sec. 4022-8.) Section 7775. No child over ten years of age shall be committed to a county children's home. Any child com- mitted to such a home, on request of the trustees thereof and it being shown that it is vicious and incorrigible may be transferred by the probate judge to the boys' industrial school or the girls industrial home. A child committed to any juvenile reformatory- under the next preceding section shall not be detained there beyond the age of sixteen years and may be discharged sooner by the trustees under the restrictions applicable to other inmates. An order of commitment to a juvenile reformatory may be suspended in the discretion of the probate judge, and for such time as the child regularly attends school and properly conducts itselt. (K. b. Sec. 4022-8.) m Section jyy6. The expense incurred in the transpor- tation ol a child to a juvenile reformatory and the costs in the case in which the order of commitment is made, or the child discharged, or in which judgment is suspended, shall be paid by the county where the offense was committed alter the manner provided in case of commitment to a boys' industrial school. But if for any cause the parent, guar- dian or other person in charge of a juvenile disorderly per- son as defined in section seventy-seven hundred and sixty- eight fails to cause such person to attend school, then com- plaint against such person shall be made, heard and de- termined in like manner as provided in case the parent proves inability to cause such person to attend school. (R S. Sec. 4022-8.) Section yyyy. When a truant officer is satisfied that Relie£ t0 a child, compelled to attend school by the provisions of this enable child chapter, is unable to do so because absolutely required to school.^ work at home or elsewhere iirorder to support itself or help to support or care for others legally entitled to its services who are unable to support or care for themselves, such -of- ficer must report the case to the president of the board of education. Thereupon he shall furnish text books free of charge, and such other relief as may be necessary to enable the child to attend school for the time each year required by law. The expenses incident to furnishing books and relief must be paid from the contingent funds of the school dis- trict. Such child shall not be considered or declared a pauper by reason of the acceptance of the relief herein pro- vided for. If the child, or its parents or guardian, refuses 123 COMPULSORY EDUCATION. Proceedings by probate judge. or neglects to take advantage of the provisions thus made for its instruction, it may be committed to a children's home or o juvenile reformatory, as provided for in the next three I receding sections. (R. S. Sec. 4022-9.) i:>eaf and Section 7778. The provisions of this chapter shall insStutloiS md a PPty t0 children entitled under existing statutes, to attend school at the institution for the deaf and dumb or the in- stitution for the blind, so far as they are properly enforc- ible. (R. S. Sec. 4022-10.) Truant offi- Section 7779. Annually between the first day of July probate P judge. anf t tne m " st " c ^ a Y °f August, truant officers must report to the probate judge of their respective counties the names, ages and residences of all such- children between the ages of. eight and eighteen years, with the names and postoffice address of their parents, guardians or the persons in charge of them ; also a statement whether the parents, guardians or persons in charge of each child is able to educate and is educating the child, or whether the interests of the child will be promoted by sending it to one of the state institutions mentioned. (R. S. Sec. 4022-10.) Section 7780. Upon information thus or otherwise obtained, the probate judge may fix "a time when he will hear the question whether any such child shall be required to be sent for instruction to one of the state institutions men- tioned, and thereupon issue a warrant to the proper truant officer or some other suitable person, to bring the child be- fore him, at his office at the time fixed for the hearing. He also shall issue an order on the parents, guardian or person in charge of the child to appear before him at such hearing, a copy of which order, in writing, must be served person- ally on the proper person by the truant officer or other per- son ordered to bring the child before the judge. If, on the hearing, the probate judge is satisfied that the child is not being properly educated at home, and will be benefited by attendance at one of the state institutions mentioned, and is a suitable person to receive instruction therein, he may send or commit such child thereto. (R. S. Sec. 4022-10.) Section 7781. The costs of such hearing, and the transportation of the child to such institution shall be paid by the county after the manner provided, when a child is committed to a state reformatory. Nothing in the next two preceding sections shall require the trustees of either of the state institutions mentioned, to receive any child not a suit- able subject to be received and instructed therein, under the laws, rules and regulations governing such institutions. (R. S. Sec. 4022-10.) Section yy^2. Tn every case of complaint against a child involving commitment to a children's home or juve- nile reformatory, the board of county visitors shall be noti- fied and must attend and protect the interest of the child on the hearing, as provided by law in regard to the commit- Costs. Notice to board of county visitors. COMPULSORY EDUCATION, 125 merit to an industrial or reform school. The order of com- mitment of the child to a state reformatory must show that the county visitors were so notified and attended the hear- ing. (R. S. Sec. 4022-11.) Section 7783. Boards of education are authorized to employ legal counsel to prosecute any case arising under the provisions of this chapter when it deems that necessary. The services of such counsel shall be paid for from the con- tingent fund of the district. (R. S. Sec. 4022-11.) Section 12981. Whoever, being an officer, principal, teacher, ■or other person, neglects to perform a duty imposed upon him by the laws relating to compulsory education or employment of minors, for which a specific penalty is not provided by law, shall be fined not less than twenty-five dollars nor more than fifty dol- lars for each offense. (R. S. Sec. 4022-11.) Section 12982. Whoever, being an officer or agent of a cor- poration, violates any provision of law relating to the compulsory education or employment of minors, or participates or acquiesces in, or is cognizant of such violation, where a specific penalty is not otherwise provided by law, shall be fined not less than twenty- five dollars nor more than fifty dollars. (R. S. Sec. 4022-11.) Section 12983. Whoever violates any provision of law re- lating to the compulsory education or employment of minors, for which a specific penalty is not provided by law, shall be fined not more than fifty dollars. (R. S. Sec. 4022-11.) Section 12984. Mayors, justices of the peace, police judges and probate judges shall have final jurisdiction to try the offenses prescribed in the next ten preceding sections. When complaint is made, information filed, or indictment found against a corporation for violating any provision of such sections, summons shall be served, appearance made, or plea entered as provided by law in cases where an indictment is presented against a corporation, ex- cept in complaints before magistrates, when service may be made rjy the constable. In other cases process shall be served and pro- ceedings had as in cases of misdemeanor. (R. S. Sec. 4022-11.) Section 12985. Fines collected under the provisions of the next eleven preceding sections shall be paid into the funds of the school district in which the offense was committed. (R. S. Sec. 4022- 11.) Section 12986. Whoever, having been convicted of a vio- lation of any provision of law relating to the compulsory educa- tion or employment of minors, again violates a provision of such laws, shall be imprisoned not less than ten days nor more than thirty days. (R. S. Sec. 4022-12.) Section 12987. On_ complaint before a mayor, justice of the peace or police judge of a second or further violation of the laws relating to the compulsor/ education or employment of minors, if a trial by jury is not waived, a jury shall be chosen and proceed- ings had therein as provided by law in cases of a violation of the law for the prevention of cruelty to animals and children. (R. S. Sec. 4022-12.) Section 12988. No person or officer instituting proceedings under the next fourteen preceding sections shall be required to file or give security for costs. If a defendant is acquitted or dis- charged, or if convicted and committed to jail in default of pay- ment of fine and costs, the justice, mayor, police judge or probate judge before whom such case was brought shall certify such costs to the county auditor, who shall examine the amount and, if neces- sary, correct it and issue his warrant to the county treasurer in favor of the respective persons to whom such costs are due for the amount due to each. (R. S. Sec. 4022-14.) Employment of attorney; compensation. Violating com- pulsory educa- tion laws. Same. Same. Jurisdiction of mavors et. al. Fines. Second viola- tion of com- pulsory educa- tion or em- ployment laws. Jury in such case. Costs in et rl 1 in prosei CHAPTER 5. REPORTS. Section 7784. Reports by superintendents and teachers. 7785. Special reports by superintendents and teachers. 7786. When orders of clerk for teachers' pay illegal. 7787. Annual report of board of education; its contents. 7788. In what form to be made, etc. Section 7789. Duty of county auditor as to scln tistics, etc. Penalty for failure to make reports. \\ in n auditor to appoint person to mike reports. Further penalties against auditor. Compensation of auditor. "701. 7702 7793 Reports by superintend- ents and teachers. Special reports by superin- tendents and teachers. When orders of clerk for teachers' pay illegal. Section 7784. Boards of education shall require all teachers and superintendents to keep the school records in such manner that they may be enabled to report annually to the county auditor and state commissioner of common schools,, as required by the provisions of this title and shall withhold the pay of such teachers and superintendents as fail to file the reports required of them. . The records of each school, in addition to all other requirements shall be so kept as to exhibit the names of all pupils enrolled therein, the studies pursued ; also, indicate the character of the work done, the standing of each pupil, and must be as near uni- form throughout the state as is practicable. (R. S Sec 4059- ) Section 7785. Such boards may require superintend- ents and teachers to report matters the boards deem impor- tant or necessary for information in regard to the manage- ment and conduct of the schools and to make such sug- gestions and recommendations as they deem advisable rela- tive to methods of instruction, schoof management, or other matters of educational interest. The board of education of each city district shall prepare and publish annually a report of the condition and administration of the schools under its charge, and include therein a complete exhibit of the finan- cial affairs of the district (R. S. Sec. 4059.) Section 77 S6. No clerk of a board shall draw an order on the treasurer for the payment of a teacher for services until the teacher files with him such reports as arc required by the state commissioner of common schools and oard of education, a legal certificate of qualification, or a true copy thereof, covering the entire time of the service, and a statement of the branches taught. Rut orders may he drawn for the payment of special teachers of drawing, painting, penmanship, music, gymnastics, or a foreign lan- guage, on presentation of a certificate to the clerk, signed by a majority of the examiners, and the filing with him of a true copy thereof, covering the time for which the special teacher has been employed and the specialty taught (R S. Sec. 4051.) An order drawn by the clerk of the board of education, under the statute in ravor oi a third person or bearer, on the township treasurer, is not nego 126 REPORTS. 127 tiable, and a purchaser takes such order subject to the same defenses that could be made against it in the hands of the payee. 22 O. S., 144. The written acceptance of such order by the predecessor of the town- ship treasurer, to whom it was presented for payment, imposes no. greater obligation on the latter to pay the same, than he would have been under had it been presented without such acceptance. Id. Not only the teacher, but each member of the board of education, is severally liable for the repayment of money paid under their vote and order, to a teacher who does not hold a certificate as required by law. The same rule applies to all payments made to teachers before reports required by law, by the State Commissioner of Common Schools, and by the board of education, have been made. An assistant teacher who has not a legal certificate cannot be paid through an order drawn in favor of another teacher who had a certificate, nor can any uncertificated teacher, who is employed as a substitute, receive pay through another teacher. The term "entire term of service," as used in this section, refers to the time of service covered by the order to be drawn, not to the entire time ot employment. Section 7787. The board of education of each district shall make a report to the county auditor, on or before the first day of September in each year, containing a statement of the receipts and expenditures of the board, the number of schools sustained, the length of time they were sustained, the enrollment of pupils, the average monthly enrollment, and average daily attendance, the number of teachers em- ployed, and their salaries, the number of school-houses and school rooms, and such other items as the commissioner of common schools requires. (R. S. Sec. 4057.) Section 778S. Such report must be made on blank.; which shall be furnished by the commissioner of common schools to the auditor of each county, and by the auditor to each school clerk in his county. Each board of education, or officer or employe thereof, or other school officer in any district or county, when the commissioner so requires, shall report to him direct, upon such blanks as he furnishes any statements or items of information that he deems important or necessary. (R. S. Sec. 4058.) Section 7789. On or before the twentieth day of Sep- tember, annually, the auditor of each county shall prepare, and transmit to the commissioner of common schools, an abstract of all the returns of school statistics made to him from the several districts in his county, according to the form prescribed by the commissioner, a statement of the condition of the institute fund, and such other facts relat- ing to schools and school funds as the commissioner re- quires. He also shall cause to be distributed all such cir- culars blanks, and other papers, including school laws and documents, in the several school districts in the county, as the commissioner may lawfully require. (R. S. Sec. 4060.) Sectton 7790. If the auditor neglects to prepare and return any of the abstracts or reports herein required, the county commissioners shall withhold from him all com- pensation for his services under this title, and he shall also be liable on his bond for any such neglect, in a sum not less than three hundred nor more than one thousand dollars, on complaint of the commissioner of common, schools, and if the clerk of the board of education of any district fails to make the annual returns of school statistics required by this Annual report of board of education; its contents. In what form to be made, etc. Duly of county au- ditor as to school sta- tistics, etc. for failure to make reports. 128 REPORTS. When auditor to appoint person to make reports. Further pen- alties against auditor. Compensation of auditor. title, to the county auditor, he shall be liable on his bond, in a sum not less than fifty nor more than three hundred dollars, on complaint of the county auditor, or of the board of education, to be recovered in a civil action in the name of the state, and when collected to be paid into the county treasury, and applied to the use of common schools in such district. (R. S. Sec. 4061.) Section 7791. Upon the neglect or failure of the clerk of the board of education of any district to make the re- ports required in this title, and by the time specified, the county auditor must appoint some suitable person, resident of the district, to make such reports who shall receive the compensation therefor, allowed by law for like services. (R. S. Sec. 4062.) Section 7792. A county auditor who willfully or negligently fails, in any year, to transmit to the commis- sioner of common schools the abstract of enumeration by law required of him, or to perform any other duty required of him in this title, shall be liable on his bond to the extent of twice the sum lost to the school districts of his county in consequence of such failure. Such sum shall be re- covered in a civil action against him, on his bond, in the name of the state. The money so recovered must he paid into the county treasury, for the benefit of such districts, and apportioned as the school funds so lost would l>ave been apportioned. (R. S. Sec. 4063.) Section 7793. The commissioners of each county, annually shall allow the county auditor a reasonable com- pensation for his services under this title, not to exceed five dollars for each city, village, special, and township school district in his county, to be paid out of the county treasury. But before such allowance shall be made for any year the auditor must present to the commissioners a statement, of- ficially certified and signed by the commissioner of common schools, that he has transmitted to him all reports and re- turns of statistics for that year required by this title. (R. S. Sec. 4064.) CHAPTER 6. ENUMERATION. Section 7794. 7795. 7796. 7797. 7798. 7799. 7800. Annual enumeration. Additional facts to be ascertained. How enumeration taken. Report to be kept; compensation. When district situated in two or more counties. Clerk to transmit abstract of enumera- ■nr, tl0n to count y auditor. When the clerk fails, auditor to act. Section 7801. When county line divides original sur- veyed township. 7802. When enumeration not taken, district not -o o a entltled to school funds 7803. Auditor to furnish abstract to state commissioner. 7804. Duty of state commissioner when enu- meration excessive. Section 7794. An enumeration of all unmarried youth noting sex, between six and twenty-one years of a^e resident within the district, and not temporarily there shall be taken in each district, annually, during- the two Weeks ending on the fourth Saturday of May, designating also the number between six and eight years of age, the number be- tween eight and fourteen years of age, the number between tourteen and sixteen years of age, the number between six- teen and twenty-one years of age, the number residing in UnfcK? ^. e f rve ^t he . Virginia Military district, the United States Military district, and in any original surveyed township or fractional township to which belongs section sixteen, or other land in lieu thereof, or any other lands for the use of public schools, or any interest in the nroceeds of such lands. (R. S. Sec. 4030.) Enumeration in children's homes; see Sec. 30S8 Section 7795. When taking such enumeration the person appointed to take it, shall make every effort to ascer- tain the number of imbeciles or feeble-minded children be- SSrirt H g uf , SiX and twent y-°"e, resident within the district He shall keep an accurate list of the names, sex age and place of residence of all such children, and make it TW, °i 1 r , e , P ,° rt t0 t I le derk of the board of education. J. here a so shal be so taken an accurate enumeration of all physically disabled, blind, deaf or mute children, notin? sex ^TdiSriT Tv t o We " t >'- 0ne ^ a rs ° f ***> resident within me district. (K. b. bee. 4030.) Section 7796 On or before the second Saturday in May, the board of education of each school district shall appoint one or more persons to take the enumeration pro- vided for in the next two preceding sections. Each person appointed shall take an oath or affirmation to take the enumeration accurately and truly to the best of his skill and ability. When making return thereof to the clerk of the board of education, he shall accompany it with a list of the names of all the youth enumerated, noting the age of each 9 s. l. m Annual enumeration. Additional facts to be ascertained. How enumera- tion taken. 130 ENUMERATION. with his affidavit duly certified that he has taken and re- turned the enumeration accurately and truly to the best of his knowledge and belief, and that such list contains the names of all such youth so enumerated and none others. The clerk of the board of education or any officer authorized to administer oaths, may administer such oath or affirma- tion, and take and certify such affidavit. (R. S. Sec. 4031.) Report to Section 7797. The clerk shall keep such report and competition tne nst °f names m ms office for five years. Each person so taking and returning the enumeration shall be allowed by the proper board of education reasonable compensation for his service. (R. S. Sec. 4031.) when district Section 7798. When a school district including terri- situated in torv attached for school purposes, is situated in two or more two or more - . 1 counties. counties, persons taking such enumeration must report the number of youth as provided in sections seventy-seven hun- dred and ninety-four, and seventy-seven hundred and ninety- five, residing in each county. The clerk of the board shall make returns to the auditors of the respective counties in which such youth reside as provided in the next following section. (R. S. Sec. 4032.) cierk to trans- Section 7799. Annually, on or before the first Satur- e^umeStfon ?o da y m J ul ^' the cl . erk of each board sha11 niake and transmit county auditor, to the county auditor, an abstract of the enumeration by this chapter required to be returned by him, according to the form prescribed by the commissioner of common schools, with an oath or affirmation endorsed thereon that it is a cor- rect abstract of the returns made to him under oath or af- firmation. The oath or affirmation of the clerk may be ad- ministered and certified by any member of the board of education, or by the county auditor. (R. S. Sec. 4035.) when the Section 7800. If the clerk of any district fails to au e d r itor a to S ' act. transmit such abstract of enumeration on or before the first Saturday in July, the auditor at once shall demand it from him. Tn case the enumeration has not been taken as re- quired by this chapter, or the abstract required be not fur- nished without delay, the auditor shall employ competent persons to take it. who shall be subject to the legal require- ments already specified, except that the return must be made directly to the auditor, who may administer to each person employed the oath or affirmation required. He shall allow the person employed by him, a reasonable compensation, to be paid out of the general county fund, and then proceed to recover the amount so paid in civil action before any court of competent jurisdiction, in the name of the state, against such clerk on his bond. The amount so collected shall be paid into the school funds of the district. (R. S. Sec. 4036.) The returns should now be made on or before the first Saturday in June, as the time of taking the enumeration was changed from July to 'May without changing the time fixed for making returns. ENUMERATION. Section 7801. If parts of an original surveyed town- ship or fractional township are situated in two counties the auditor of the county in which the smallest part is situated so soon as the abstracts of enumeration are received by him from the clerks of the boards of education, shall certify to the auditor of the county in which the largest part is situ- ated the enumeration of youth residing in the part of the township situated in his county. If parts of such township or fractional township are situated in more than two coun- ties, like certificates of enumeration must be transmitted to the auditor of the county containing the greatest relative portion of such township, by the auditors of the other coun- ties containing portions thereof. When it is uncertain which county contains the greatest relative portion of such town- ship, such certificates shall be transmitted to the auditor of the oldest county, by the other auditor or auditors. If the and granted by congress to such township or fractional township for the support of public schools has been sold the auditor to whom such certificates are transmitted must notify the auditor of state, without delay, that such enumer- ation has been certified. (R. S. Sec 4037 ) Section 7802. If an enumeration of the youth of a dltriCir w t0 reCeiv \ an y P art ^ the school funds distributable in that year on the basis of enumeration If such loss to a district occurs through the failure of the clerk of the board of education of a district to perform the duty required of him under section seventy-seven hundred and ninety-nine he shall be liable to the district for the loss which may be recovered in an action in the name of the state. The money so recovered shall be paid into the county treasury, and apportioned as the school funds so lost would have been apportioned. (R. S. Sec. 4038.) Section 7803. On or before, the third Saturday in July m each year, the auditor of each county shall make and transmit to the state commissioner of common ch^ols on blanks to be furnished by the commissioners, an abstract of the enumeration returns made to him duly certified f R S. Sec. 4039.) - V1X - Section 7804. When, on examination of the enumer ation returns of any district, the state commissioner of con - mon schools isof opinion that the enumeration is excessTe m number or in any other way incorrect, he may S to be re-taken and returned. If he thinks it necessa v for this purpose he may appoint persons to perform the service who shall take the oath, perform the duties, and receTve the same compensation, out of the same funds, as the person or persons who took the enumeration in the first instance The be tiJZt d i Stnbutab i e { » Proportion to enumeration shall be distributed upon the corrected returns (R S See 4040.) ' v °- ^ ec - 131 When county line divides original sur- veyed town- ship. When enume- ration not taken, district not entitled to school funds. Auditor to furnish ab- stract to state commissioner. Duty of state commissioner when enume- ration exces- sive. 32 of school children. ENUMERATION. Sectiox 12929 Whoever, being an officer having supervision meration 11 " over the annual enumeration of unmarried youths between six and twenty-one years of age, taken in conformity to law, increases or diminishes the number enumerated, shall be fined not less than five dollars nor more than one thousand dollars or imprisoned in the countv jail not less than ten days nor more than thirty days. (R. S. Sec." 4041.) CHAPTER 7. EXAMINERS. STATE BOARD OF EXAMINERS. Section 7805. State board; their appointment. 7806. Terms and vacancies. 7807. Power to issue certificates; record thereof. 7808. Effect thereof; may be revoked for cause. 7809. Examination fees. 7810. Compensation of examiners. COUNTY BOARD OF EXAMINERS. 7811. County boards. 7812. Who ineligible. 7813. Term. 7814. Vacancies. 7815. Organization of board; duties of of- ficers. 7816. Rules and regulations. 7817. Metings for examinations; notice. 7818. Majority's power; examination fees. 7819. Uniform system of examination. 7820. Disposition of fees. 7821. Teachers' certificates. 7822. Provisional certificates, defined. 7823. Professional certificates, defined. 7824. Effect of certificates of other counties. 7825. Regulations, as to issue of certificates without examination. 7826. Temporary certificate. 7827. Minimum age limit. 7828. Fees for examiners conducting investi- gation. 7829. What kind of certificates shall be issued. 7830. Certificate of prerequisite to employment of teacher. 7831. Certificate of high school teacher and superintendent. Section 7832. Certificate of special teacher. 7S33. Recognition or renewal of certificates. ( ompensation of board. 7835. Expenses of board. 7836. Annual report of clerk; his bond. 7837. Compensation of clerk. CITY BOARD OF EXAMINERS. 7S38. City board of school examiners, appoint- ment, term. Removals and vacancies. 7540. Standard of qualification for teachers. 7541. Special examiners. 7842. Organization of board; duties of officers; clerk's bond. 7843. Meetings for examination; notice. 7844. Certificates. 7845. Renewal of certificate. 7846. Professional certificates. 7847. Validity of professional certificates. 754S. Regulations, as to granting certificates without examinations. 7849. Temporary certificates. 7850. Minimum age limit; revocation of cer- tificate. 7851. Fees for examiners conducting investiga- tion. 7S52. Kind of certificates authorized to be is- sued; proviso. 7853. Compensation of members and clerk; in- cidental expenses. 7S54. Duties of clerk of city board of school examiners. 7855. Disposition of examination fees. 7S5G. Consideration of applicants'^ answers; is- sue of certificates or notice of failure. 7S57. Manuscripts to be placed on file. 7858. Applicant's right of appeal. STATE BOARD OF EXAMINERS. Section 7805. There shall be a state board of exam- iners, consisting of five competent persons, resident of the state, to be appointed by the state commissioner of common schools. Not more than three of them shall belong to the same political party. (R. S. Sec. 4065.) Section 7806. The term of office of such examiners shall be five years. The term of one of the examiners shall expire on the thirty-first day of August each year. When a vacancy occurs in the board, whether from expiration of the term of office, refusal to serve, or other cause, such commissioner shall fill it by appointment for the full or un- expired term, as the case demands. (R. S. Sec. 4065.) Section 7807. The board thus constituted may issue three grades of life certificates to such as are found to pos- sess the requisite scholarship, and who exhibit satisfactory evidence of good moral character and of professional ex- perience and ability. The certificate shall be for different grades of schools according to branches taught, and be valid in the schools specified therein. The clerk of the board must keep a record of the proceedings, showing the number, date 133 State board; their appoint- Terms and vacancies. Power to issue certificates; record thereof. *34 EXAMINERS. Effect thereof; may be re- voked for cause. 'Examination fees. Compensation of examiners. and grade of each certificate, to whom granted, and for what branches of study, and report such statistics to the commissioner, annually, on or before the thirty-first day of August. (R. S. Sec. 4066.) The state board of examiners issues the following certificates: _ High school life, common school life and special life. High school life certificates are unlimited, common school life and special life are limited to the branches of study specified therein. Section 7808. All certificates issued by such board shall be countersigned by the commissioner of common schools. They shall supersede the necessity of any and all other examinations of the persons holding them, by any board of examiners, and be valid in any school district in the state, unless revoked bv the state board for good cause. (R. S. Sec. 4067.) Section 7809. Each applicant for a certificate shall pay to the board of examiners a fee of five dollars. The clerk of the board must pay to the state treasurer, all fees received, and file with the state auditor a written statement of the amount. (R. S. Sec. 4068.) Section 7810. Each member of the board shall be en- titled to receive five dollars for each day he is necessarily engaged in official service, and also six cents per mile each way for traveling from and to his place of residence, by the most direct route of public travel to and from the places of meeting of the board, to be paid out of the state treasury on the order of the state auditor. All books, blanks and stationery required by the board must be furnished by the secretary of state. (R. S. Sec. 4068.) County boards. Who inelig- ible. COUNTY BOARD OF EXAMINERS. Section 781 1. There shall be a county board of school examiners for each county, consisting of three com- petent persons to be appointed by the probate judge. Two of such persons must have had at least two years' experi- ence as teachers or superintendents, and have been within five years, actual teachers in the public schools. Each per- son so appointed shall be a legal resident of the county for which appointed. Should he remove from the county dur- ing his term, his office thereby shall be vacated and his suc- cessor be appointed. (R. S. Sec. 4069.) Section 7812. No examiner shall teach in, be con- nected with, or financially interested in any school which is not supported wholly or in part by the state, or be employed as an instructor in any teachers' institute in his own county; nor shall any person be appointed as, or exercise the office of examiner who is agent of or financially interested in any book publishing or book selling firm, company or business, or in any educational journal or magazine. If an examiner becomes connected with or interested in any school not un- der state control, or is employed in any such institution in EXAMINERS. 13! Term. Vacancies. his own county, or becomes an agent of or interested in any book company or journal, or fails to hold the necessary teachers' certificate, or removes from the county, the probate judge upon being apprised of such fact, forthwith shall re- move such examiner and appoint his successor. (R. S. Sec. 4069.) Offices of county school examiner and councilman are incompatible. State v. Card, 29 O. C C. 426 (S N. S. 599.) Section 7813. The term of office of such examiner is three years. The term of one of the examiners shall ex- pire on the thirty-first day of August, each year. The pro- bate judge must revoke the appointment of any examiner, upon satisfactory proof that he is inefficient, intemperate, negligent, guilty of immoral conduct, or that he is using his office for personal or private gain. (R. S. Sec. 4069.) • Section 78 14. When a vacancy occurs in the board, whether from expiration of the term of office, refusal to serve, or other cause, the probate judge promptly shall fill it by appointment for the full or unexpired term, and with- in ten days, report this to the state commissioner of common schools, together with the names of the other members of the board and the date of the expiration of their several terms of office. (R. S. Sec. 4069.) Section 7815. Annually, in the month of September, the board of county school examiners shall organize by choosing from its members a president, a vice-president, and a clerk. The president shall preside at all the meetings of the board. In his absence the vice president shall preside. The clerk shall keep a full and accurate record of the pro- ceedings of the board, showing the number, date and char- acter of each certificate issued, to whom, for what term and what branches of study, with such other statistics relating to the examination and proceedings of the board as the state commissioner of common schools requires, in the form and manner required by him, and make a report of all such items annually on or before the first day of September. (R. S. Sec. 4070.) Section 7816. The board shall make all needful rules Rules and and regulations for the proper discharge of its duties and regulations, the conduct of its work, subject to statutory provisions and the approval of the state commissioner of common schools. (R. S. Sec. 4070.) Organization of board; duties of officers. The prosecuting attorney iners; see Sec. 2917. the legal adviser of county boards of exam- examinations; notice. Section 7817. Each board shall hold public meetings Meetings for for the examination of applicants for county teachers' cer- tificates on the first Saturday of every month of the year, unless Saturday falls on a legal holiday, in which case, it must be held on the succeeding Saturday, at such place or places within the county as, in the opinion of the board, best will accommodate the greatest number of applicants. Notice thereof shall be published in two weekly newspapers of dif- 136 EXAMINERS. Majority's power ; ex- amin.uion fees. ferent politics printed in the county, if two papers thus are published, if not, then a publication in one only is required. In no case shall the board hold any private examination or antedate any certificate. (R. S. Sec. 4071.) Section 7818. A majority of the board may examine applicants and grant certificates. As a condition of any applicant's being admitted to take the examination, each one shall pay to the board for the use of the count) r institute a fee of fifty cents. (R. S. Sec. 4071.) It has been decided by two or more common pleas courts in Ohio, "that the examination of the candidate, and determination to grant the certificate being official acts, can only be legally performed at a session of the board duly organized, and that the whole board, as such, is to decide regarding the qualifications of each applicant to teach each branch certified to." See also case of McCortle v. Bates, 29 O. S., 419, as quoted in full under section 3982. All its reasoning regarding boards of education applies equally to examining boards. Uniform system of ex- examination. Divulging school ex- aminers' questions. Disposition of fees. Teachers' certificates. Section 7819. The questions for all county teachers' examinations, shall be prepared and printed under the di- rection of the state commissioner of common schools. A sufficient number of lists must be sent, under seal, to the clerks of such boards of examiners not less than five days before each examination, such seal to be broken at the time of the examination at which they are to be used, in the pres- ence of the applicants and a majority of the members of the examining board. (R. S. Sec. 4071a.) Section 12989. Whoever, being a person connected with the preparation, printing, distribution or handling of questions for count)- teachers' examinations, makes public in any manner or gives information in regard to the nature or character of such questions, to an applicant for a certificate, or other person, prior to such examination in each branch of study respectively, or whoever is found in possession of any of such questions prior to the distribution thereof for the use of applicants at such examina- tion, shall be fined not less than fifty dollars nor more than one hundred dollars, and imprisoned not less than thirty days nor more than ninety days. (R. S. Sec. 4071a.) Section 7820. The clerk of the board of county school examiners must promptly collect all fees from applicants at each examination and pay them into the county treasury quarterly. He shall file with the county auditor a written statement of the amount, and the number of applicants, male and female, examined during the quarter. All money thus received, must be set apart by the auditor for the support of county teachers' institutes, to be applieclas provided for in chapter eight of this title. (R. S. Sec. 4072.) Section 782T. County boards of school examiners may grant teachers' certificates for one, two, three, five and eight years from the day of the examination, which shall be valid in all village, township, and special school districts of the county wherein they are issued. In school districts situated in two or more counties, teachers' certificates obtained in either county shall be valid in sue' 4073-) 1 districts. (R. S. S< EXAMINERS. 137 Section 7822. All teachers' certificates granted for one, two or three years shall be regarded as provisional cer- tificates, and be issued and renewed only in compliance with such reasonable regulations and standards and upon such ratios as the board adopts. But when any teachers holds a two or three years' certificate, and for the last five years preceding has been continuously engaged in teaching in this state, such teacher shall be entitled to have such certificate renewed by passing an examination in theory and practice (R. S. Sec. 4073.) Section 7823. Applicants for five-years' or eight- years^ certificates shall have had not less than forty months' experience in teaching and shall make not less than eightv- five per cent, in any branch and a general average of not less than ninety-two per cent., and such certificates shall be regarded as professional certificates. They shall be renewed without examination at the discretion of the examining board, except that no such certificate will be renewable if the holder thereof has not been actively engaged in teaching within the four years preceding. Such professional cer- tificates shall be valid in any county in the state. (As amended May 10, 1910.) Section 7824. County boards of school examiners at their discretion may issue certificates without formal ex- aminations to holders of certificates granted by other countv and city boards of school examiners. (R. S. Sec. 4073.) Section 7825. Each county board of school examin- ers may make its own regulations to grant certificates with- out formal examinations, except in theory and practice of teaching and in the science of education, to graduates of schools for the training of teachers, having at least a two- years' course of study in addition to graduation from a years' course of study in addition to graduation from a first least a four years' course of study in addition to graduation from a first grade high school. Certificates thus granted to such graduates may be issued, on application within one year after graduation, first for one year; and at their ex- piration, on satisfactory evidence of success in teaching, for longer terms. (R. S. Sec. 4073.) Section 7826. Between regular examinations, countv boards of school examiners, at their discretion, may issue temporary certificates, which shall be valid only until the next regular examination held by such boards after the is- sue of such certificates. (R. S. Sec. 4073.) Section 7827. No certificate shall be issued to any person who is less than eighteen years of age. If at anv time the recipient of a certificate be found intemperate, immoral, incompetent or negligent, the examiners, or any two of them, may revoke the certificate; but such revoca- tion shall not prevent a teacher from receiving pay services previously rendered. Before anv hearing is had Provisional certificates, defined. Professional certificates. defined. Effect of cer- tificates of other counties. Regulations, . as to issue of certificates without ex- amination. Temporary certificate. Minimum age limit. EXAMINERS. Fees for examiners conducting investigation. What kind of certificates shall be issued. Certificate a prerequisite to employment of teacher. by a board of examiners on the question of the revocation of a teacher's certificate, the charges against the teacher must be reduced to writing and placed upon the records of the board. He shall be notified in writing as to the nature of the charges and the time set for the hearing, such notice to be served personally or at his residence ; and be entitled to produce witnesses and defend himself. The ex- amining board may send for witnesses and examine them on oath or affirmation which may be administered by any member of the board touching the matter under investiga- tion. (R. S. Sec. 4073.) Section 7828. The fees and the per diem of examin- ers for conducting such investigation at three dollars a day each and other expenses of such trial shall be certified to the county auditor by the clerk and president of the ex- amining board and be paid out of the county treasury upon the order of the auditor. (R. S. Sec. 4973.) Xo applicant who is not eighteen years of age at the time of the examination can receive a legal certificate. The revocation of a teacher's certificate by the county school examiners for intemperance and immorality is not reviewable by the courts. Hence that board will not be compelled by mandamus to sign a bill of exceptions setting out the evidence on the trial to revoke. 1 N._ P., 151. The revocation of a certificate is not strictly a judicial proceeding. The law which clothes the boards of examiners with discretionary power, will protect them in the proper use of it. They cannot, of course, be mulcted in damages nor removed from office, for refusing to grant a certificate, nor for revoking a certificate, in the exercise of this discretion. If malice or other undue motive enter into the transaction, however, the candidate has his remedy in the courts, and the probate judge may remove any member for such cause, as a malfeasance in office — an immorality — one of the causes enumerated in the law. Notice of revocation should at least be given to the boards of educa- tion concerned. A person cannot draw pay after his certificate is revoked. A certificate cannot be antedated. See Sec. 7S17. An official trust cannot be delegated. See III Central Law Journal, p. 472. The board has no authority, therefore, to appoint a substitute to perform the duties of_?ny of its members. _ A certificate depending on the signature of such substitute for its validity, is worthless. As all citizens are bound to know the law. so candidates and school authorities are bound to know who are legal, or, at least, de facto public officers. Section 7829. Three kinds of teachers' certificates only shall be issued by county boards of school examiners, which shall be styled respectively "teacher's elementarv school certificate," valid for all branches of study in schools below high school rank, "teacher's high school certificate. " valid for all branches of study in recognized high schools and for superintendents and "teacher's special certificate," valid in schools of all grades, but only for the branch or branches of study named therein. (R. S. Sec. 4074.) Section 7830. No person shall be employed or enter upon the performance of his duties as a teacher in any ele- mentary school supported wholly or in part by the state in any village, township or special school district who has not obtained from a board of school examiners having legal jurisdiction a certificate of good moral character; that he or she is qualified to teach orthography, reading, writing, arithmetic, English grammar and composition, geography, history of the United States, including civil government. physiology, including narcotics, literature, and that he or she ; 5 an adequate knowledge of the theory and eaching. 1 R. S. Sec. 4074. ) EXAMINERS. 139 Section 7831. No person shall be employed or enter upon the performance of his duties as a teacher in any recognized high school supported wholly or in part by the state in any village, township, or special school district, or act as a superintendent of schools in such district, who has not obtained from a board of examiners having legal juris r diction a certificate of good moral character; that he or she is qualified to teach literature, general history, algebra, physics, physiology including narcotics, and, in addition thereto, four branches elected from the following branches of study : Latin, German, rhetoric, civil government, geometry, physical geography, botany, and chemistry ; and that he or she possesses an adequate knowledge of the theory and practice of teaching. (R. S. Sec. 4074.) Section 7832. No person shall be employed and enter upon the performance of his duties as a special teacher of music, drawing, painting, penmanship, gymnastics, German, French, the commercial and industrial branches, or any one of them, in any elementary or high school supported wholly or in part by the state in any village, township, or special school district, who has not obtained from a board of examiners having legal jurisdiction a certificate of good moral character: that he or she is qualified to teach the special branch or branches of study, and, in addition thereto, possesses an adequate knowledge of the theory and prac- tice of teaching. (R. S. Sec. 4074.) Section 7833. But no person holding a common school life certificate issued by the board of state examiners shall be required to have any other certificate to teach in the elementary schools of the state, nor be required by any board to be examined in any of the branches covered by such certificate in order to be granted the teaches' high school certificate .authorized herein. (R. S. Sec. 4074.) In Illinois, a certificate was not obtained till the middle of the term. A new contract was entered into at that time to pay the teacher double wages for the rest of the term. This was considered an attempt to do indirectlv what there was no power to do directly; and therefore the con- tract was held void. 71 111., 532. A person began teaching under a contract. He taught three weeks; then obtained a certificate and made a written contract to run three months from the time he began teaching. Held, that he was entitled to wages after certificate was obtained, but to no pay for the previous three weeks. 20 Minn., 72. No money can be legally drawn for teaching a day without a certificate, and to receive public money illegally is a crime under Sees. 7786, 7829-7S33. The board of education at G., at a regular meeting, tendered C. the election as superintendent of a school in which branches other than those enumerated in the certificate issued to C. by the board of school examiners, were taught. C. accepted the employment tendered, and entered upon its duties. Held, that this constituted a valid contract, and in the absence of proof, other teachers being employed in the school, no presumption arises that C. actually taught branches not enumerated in his certificate. 12 C. C, 247. As to penalty for bribing or attempting to bribe an officer, see Sec. 12823. Teachers in schools at children's homes and in kindergarten schools, supported by public funds, must hold certificates. Section 7834. Each member of the county board of school examiners is entitled to receive ten dollars for each examination of fifty applicants or less, fourteen dollars for each examination of more than fifty applicants and less Certificate of high school teacher and superintendent. Certificate of special teacher. Recognition or renewal of certificates. Compensation of board. I4O EXAMINERS. than one hundred, eighteen dollars for each examination of one hundred applicants and less than one hundred and fifty, twenty-two dollars for each examination of one hundred and fifty applicants and less than two hundred, and four dollars for each additional fifty applicants, or fraction thereof, to be paid out of the county treasury on the order of the county auditor. Books, blanks, and sta- tionery required by the board shall be furnished by the county auditor. (R. S. Sec. 4075.) bo X a P rd lses ° f Section 7835. Such board may contract for the use of suitable rooms in which to conduct examinations, for the printing of examination questions, may procure fuel and light, and employ janitors, to take charge of the rooms and keep them in order. Expenses so incurred, together with the cost of advertising notice of their meeting as re- quired by law, shall be paid out of the county treasury on orders of the county auditor, who shall issue them upon the certificate of the president of the board, countersigned by the clerk. (R. S. Sec. 4075.) ofefcrk-^fis* Section 7836. On or before the first day of Septem- bond. ber in each year, the clerk of such board shall prepare, and forward to the state commissioner of common schools, a statement of the number of examinations held by the board, the number of applicants examined, the total number of certificates granted, and the number for each term men- tioned in this chapter, the amount of fees received and paid to the county treasurer, the amounts received from the county treasury by the members of the board for their services, with such other statistics and information in rela- tion to the duties of the board as such commissioner re- quires. He shall also deposit with the county auditor a bond,, with surety to be approved by the auditor, in the sum of three hundred dollars, that he will pay into the county treasury, quarterly, the examination fees received by the board, and make the statistical returns required by this chapter. (R. S. Sec. 4076.) Compensation Section 7837. The clerk shall receive for Ids services of clerk. as clerk f our dollars for each examination of sixty appli- cants or less, six dollars for each examination of more than sixty applicants and less than one hundred, eight dollars for each examination of one hundred applicants or more, to be paid out of the county treasury on the order of the county auditor. But no order shall be drawn for the month of August until the clerk produces a receipt from the state commissioner of common schools that he has filed all the reports for the year required by him. (R. S. Sec. 4070.) city board oe examiners. City board of Section 7$fi. There shall be a city board of school scbool exam- . ' ^ J . iners; ^appoint- examiners for each city school district, to be appointed by the board of education of the district. Such board shall consist of three persons. The majority of those appointed ment, term. EX A .MIXERS. I 4 I must have had at least two years' practical experience in teaching in the public schools. All persons appointed shall be otherwise competent for the position and residents of the district for which appointed. The term of office of such examiners shall be three years; the term of one-third of them to expire on the thirty-first day of August, each year. (R. S. Sec. 4077.) vacancies. Section 7839. The board of education may revoke Removals and any appointment upon satisfactory proof that the appointee is inefficient, intemperate, negligent, or guilty of immoral conduct. When a vacancy occurs in the board, whether from expiration of term of office, refusal to serve, or other cause, the board shall fill it by appointment for the full or unexpired term, as the case demands. Within ten days after an appointment, the clerk of the board must report to the state commissioner of common schools the name of the appointee, and whether the appointment is for a full or an unexpired term. (R. S. Sec. 4077.) Section 7840. Each city board of school examiners shall determine the standard of qualification for teachers, and may examine any school in the district when such ex- amination is deemed necessary to ascertain a teacher's qualifications. But in the examination of applicants and the granting of certificates the board must be governed by the provisions of this chapter relating thereto. (R. S. Sec. 4078.) Section 7841. To secure a thorough examination of applicants in difficult branches, or special studies, the board may secure the temporary assistance of persons of suf- ficient knowledge in such branches or studies, who must promise on oath or affirmation, to be administered by the clerk of the board of examiners, to perform the duties of examiner faithfully and impartially. Superintendents of schools shall give to the board all necessary information in reference to branches and special studies to be taught, and the branches of study and grades of school which teachers will be required to teach. (R. S. Sec. 4078.) An expert secured by the board to conduct examinations in any particular branch should certify the result of the examination to the board; all cer- tificates should be signed by members of the board and by such members only. ird of qualification for teachers. Special examiners. Section 7842. Each city board of school examiners must organize during the month of September each year by choosing from its members a president, vice-president, and clerk. The president shall preside at all the meetings of the board, and in his absence the vice-president shall pre- side. The clerk shall perform all the duties required in this chapter of the clerk of the board of county school ex T aminers in so far as such duties apply. He also must give bond, in the sum of three hundred dollars with surety to be approved by the board of education, conditioned that he will perform faithfully the duties required of him by Organization of board; duties of officers; clerk's bond. 14- EXAMINER! Meetings for examination; notice. Certificates. Renewal of certificates. this chapter, which bond shall be deposited with the clerk of such board. (R. S. Sec. 4079.) Section 7843. Each board of city school examiners shall hold not less than two meetings each year, notice of which must be published in some newspaper of general circulation in the district. All examinations of applicants shall be conducted at the meetings of the boards thus called. The examination of every applicant must be in the presence of at least two members of the board. (R. S. Sec. 4080.) Section 7844. Each city board of school examiners may grant teachers' certificates for one, two, three, five and eight years from the day of examination, which shall be valid within the district wherein they are issued. But cer- tificates granted for one, two or three years must be re- garded as provisional certificates and shall be issued and renewed only in compliance with such reasonable regula- tions and standards and upon such ratios as the board may adopt. (R. S. Sec. 4081.) Section 7845. When a teacher holds a two or three year certificate and has for the last five years preceding been continuously engaged in teaching in this state such teacher will be entitled to have such certificate renewed by passing an examination in theory and practice. (R. S. Sec. 4081.) Section 7846. Applicants for five-years' and eight- years' certificates shall have had not less than forty months' experience in teaching and shall make not less than eighty- five per cent, in any branch and a general average of not less than ninet} r -two per cent., and such certificates shall be regarded as professional certificates and be renewed with- out examination at. the discretion of the examining board, except that no such certificate will be renewable if the holder has not been actively engaged in teaching within the four years preceding. (As amended May 10, 1910.) Section 7847. Such professional certificates shall be valid in any city in the state. City boards of school ex- aminers at their discretion may issue certificates without formal examinations to holders of certificates granted by other city and county boards of school examiners. (R. S. Sec. 4081.) ^ Regulations, as Section 7848. Each city board of school examiners may make its own regulations to grant certificates without formal examinations, except in theory and practice of teaching and in the science of education, to graduates of schools for the training of teachers, that have at least a two-years' course of study in addition to graduation from a first grade high school and of colleges or universities, having at least a four-years' course of study in addition to graduation from a first grade high school, as may be ap- proved by them. Certificates thus granted to such gradu- Professional certificates. Validity of professional certificates. to granting certificates without ex- aminations. EXAMINERS. ates may be issued, on application within one year after graduation, first for one year; and at their expiration, on satisfactory evidence of success in teaching, for longer terms. (R. S. Sec. 4081.) Section 7849. Between regular examinations,, city Temporary boards of school examiners, at their discretion, may issue certificates, temporary certificates, which shall be valid only until the next regular examination held by the board after the issue thereof. (R. S. Sec. 4081.) H3 nmum age Section 7850. No certificates shall be issued to any Mini person who is less than eighteen years of age, and if at any limit^revoca- time the recipient of a certificate be found intemperate, im- cate. ° f moral, incompetent, or negligent, the examiners, or any two of them, may revoke the certificate. But such revocation shah not prevent a teacher from receiving pay for service- previously rendered. Before any hearing is had by a board of examiners on the question of the revocation of a teach- er's certificate, the charges against the teacher must be re- duced to writing and placed upon the records of the board. He shall be notified in writing as to the nature of the charges and the time and place set for the hearing. Such notice must be served either personally or at his residence. He shall be entitled to produce witnesses and defend him- self. The examining board may send for witnesses and examine them on oath touching the matter under investi- gation, which oath or affirmation may be administered by any member of the board. (R. S. Sec. 4081.) Section 7851. The fees and the per diem of examin- ers for conducting such investigation, at three dollars a day each, and other expenses of such trial shall be certified to the city auditor by the clerk and president of the examining board, and be paid out of the city treasury upon the order of the city auditor. (R. S. Sec. 4081.) Section 7852. The provisions of this chapter relating to the kinds of certificates authorized to be issued by the county boards of school examiners for teachers in elemen- tary schools, high schools, and for superintendents shall apply to city boards of school examiners; except that city boards, in their discretion, may require teachers in elementary schools to be examined in drawing, music, or German if such subjects are a part of the regular work of such teachers. (R. S. Sec. 4082.) Section 7853. Each city board of education shall fix compensate the compensation of the members of the city board of of members school examiners, the additional compensation of the clerk, fncldentaV and the person or persons called to their assistance, fur- ex ^ enses - nish the necessary books, blanks and stationery for their use, designate a school building within the district in which they shall conduct examinations and cause such building to be lighted and heated if necessary. Such compensation. Fees for examiners conducting in- vestigation. Kind of cer- tificates au- thorized to be issued; pro- viso. 144 EX'AMINERS. and the incidental expenses incurred on account of the board of examiners, shall be paid, by order of the board of education, from the contingent fund of the district. (R. S. Sec. 4083.) Duties of Section 7854. The clerk of the city board of school clerk of city examiners shall keep a record of its proceedings, and such school °ex- statistics as the state commissioner of common schools re- aminers. quires, in the form and manner he requires, and report such statistics to him annually, on or before the first day of September. (R. S. Sec. 4084.) Disposition of Section 7855. Such clerk shall pay the examination examination f ees rece j vec i by him to the treasurer of the district within ten days after each meeting, and at the same time file with the clerk of the board of education a written statement of the amount, also a statement of the number of applicants, male and female, examined, the number of certificates granted, and for what terms. Fees paid to the treasurer of the district shall be applied to fhe support of teachers' institutes, as provided in chapter eight. (R. S. Sec. 4084.) Section 7856. All manuscripts filed as answers to questions propounded to any applicant appearing before sue"of"'certifi- any county or city board of school examiners, shall be of te fai?urS° tlce promptly considered and passed upon by that board to- gether with the results of oral tests, if any, and such other information as comes to it touching the fitness of any applicant for teaching in the public schools. The board shall promptly issue all certificates granted to successful appli- cants and send notices of failure to those who fail in the the examination, if such there be. (R. S. Sec. 4085.) Manuscripts Section 7857. All such manuscripts shall be kept on to be placed file for sixty days by the members of the examining board propounding the questions. If, within the sixty days, any applicant after receiving his returns from the examination has cause to and does believe that he has been discrimin- ated against and his manuscript unfairly graded, he may review his manuscripts with the member or members of Right of ap- tne b° ar d having them in charge. If after such inspection peal. and review, he is still of the opinion that the board will not correct the error, if any, and issue his certificate, he may appeal his case to the state commissioner of common schools for final review. (R. S. Sec. 4085.") Consideration of applicants answers; is Applicant's Section 7858. Such appeal shall be in the form of right of an affidavit setting forth the facts as he believes them ac- companied by a fee of one dollar to cover the expenses incident thereto, and requesting that the matter be inquired into. Thereupon such commissioner shall require the clerk of such board to procure and forward such manuscripts, together with a full explanation of the reasons for the board's action. Upon his examination of all the facts, to- gether with the manuscript?, if he finds that the applicant was denied a certificate when he should have been granted EXAMINERS. 1 45 one and has been discriminated against by the board, he shall order it forthwith to issue a certificate of the date of the examination attended by the applicant, and indicate the length of time such certificate shall be valid. If, upon in- spection of the manuscript and reviewing the facts sub- mitted, the commissioner concludes that no injustice has been done, he shall so notify the applicant and the clerk of the board of examiners. (R. S. Sec. 4085.) (House Bill No. 47.) To provide for certification of teachers in the public, schools. Be it enacted by the General Assembly of the State of Ohio : 7858- r. Section i. That the diploma of any normal school, teachers' college, college or university, approved by the state commissioner of common schools, shall entitle the holder thereof, when he or she has successfully passed the examination provided in section 5 of this act. to a pro- visional elementary school certificate valid for four years in any school district in Ohio; provided said diploma is granted only to such students as have taken a full two-year academic and professional course, entrance to which shall require graduation from a high school of the first grade. or its equivalent which shall be determined in such manner as the state commissioner of common schools may direct. 7858-2. Section 2. That the diploma of a graduate of any normal school, teachers' college, college or university approved by the state commissioner of common schools, shall entitle the holder thereof, when he or she has suc- cessfully passed the examination provided in section 5 of this act, to a provisional high school certificate valid for four years in any school district in Ohio; provided said diploma is granted only to such students as have taken a full four years' academic and professional course, entrance to which shall require graduation from a high school of the first grade, or its equivalent which shall be determined in such manner as the state commissioner of common schools may direct. 7858-3. Section 3. The two-year and four-year courses referred to herein shall include actual teaching under supervision in a training school, including elemen- tary or secondary grades, as the case may be, and shall be approved by the State Commissioner of Common Schools. 7858-4. Section 4. The diploma or certificate of pro- ficiency issued, by any of the institutions named in section 1, to students having completed a special course, with training school experience, in music, drawing, pen- manship, ^ manual training, physical culture, domestic science, kindergartening, German, or such other studies as, by law or custom, are required as subjects of instruction by special teachers or supervisors shall entitle the holder thereof, when he or she has successfully passed the examin- 10 s. 1,. 146 EXAMINERS. ation provided in section 5 of this act, to a special cer- tificate valid for four years in any school district in Ohio ; provided that no such diploma or certificate shall be issued to any one not having at least two years of academic and professional training beyond graduation from a high school of the first grade, or its equivalent which shall be de- termined in such manner as the state commissioner of com- mon schools may direct. 7858-5. Section 5. When any holder of a diploma as provided in sections I, 2 and 4 of this act makes appli- cation to a board of county examiners for a certificate under this act, said applicant shall pay a fee of one dollar and fifty cents to the clerk of the board of county examin- ers, fifty cents of said fee to be paid into the institute fund of the county in which the applicant writes the examin- ation and one dollar of it to be forwarded to the state com- missioner of common schools to be used in defraying the expenses of grading the manuscripts of the said applicant who shall pay the same into the state treasury to the credit of the general revenue fund. The board of county examin- ers shall collect the manuscripts as the applicants complete them, and at the close of the examination, in the presence of the applicant, shall enclose them in an envelope provided for that puropse. seal and forward them to the state com- missioner of common schools ; who within thirty days from the time of receiving the manuscripts shall cause them to be graded. The state commissioner of common schools shall forward the result of such grading to the applicant and to the clerk of the board of county examiners. If such applicant has successfully passed the examination, with such grades as the state commissioner of common schools may require, then the commissioner shall forward to the clerk of the board of county examiners a certificate to be countersigned by said board of county examiners duly made out for and in the name of the applicant, and said certificate shall be valid in any school district of the state. as provided in sections 1, 2 and 4 of this act. The time of holding such examinations and the list of questions sub- mitted shall be the same as provided for in sections 7817 and 7819 of the General Code. 7858-6. Section 6. It shall be the duty of the State Board of School Examiners to issue to every holder of a provisional certificate as herein described, a life certificate of similar kind, upon satisfactory evidence that the holder thereof has taught successfully at least twenty-four months. In addition, applicants for common school certificates shall be examined in Theory and Practice of Teaching. Appli- cants for High School certificates shall be examined in Theory and Practice of Teaching, History of Education and Science of Education. Applicants for special certifi- cates shall be examined in Theory and Practice of Teach- ing and in the Special Branch. The applicant shall pay the usual examination fee. EXAMINERS. I47 7858-7. Section 7. It shall be the duty of the State Board of School Examiners to issue to every holder of a professional certificate, issued by a city or county board of examiners, a life certificate of similar kind, upon satis- factory evidence that the holder thereof has taught suc- cessfully at least ten years. In addition, applicants for common school certificates shall be examined in Theory and Practice of Teaching. Applicants for High School cer- tificates shall be examined in Theory and Practice of Teaching, History of Education and Science of Education. Applicants for special certificates shall be examined in Theory and Practice of Teaching and in the Special Branch. The applicant shall pay the usual examination fee. GRANVILLE W. MOONEY, Speaker of the House of Representatives. FRANCIS W. TREADWAY, President of the Senate. Passed May 10, 19 10. Approved May 19, 1910. , JUDSOX HARMON, Governor. CHAPTER 8. TEACHERS' INSTITUTES. SECTI0N COUNTY INSTITUTE. , . .. 7859. Organization of county teachers insti- tutes. 7860. Officers; term. 7861. When election to be held. 7862. Vacancies. . , , Duty of executive committee; bond. Payment of institute fund to committee. Report of secretary. His compensation. < Forfeiture of committee s bond. When school commission r may hold in- stitute. 7864. 7865. 7866. 78G7. Section 7869. Teachers may dismiss school to attend institute. 7570. Pay for attending institute. CITY INSTITUTE. 7571. Institute for city districts 7872 Expenses of, how provided for. 7873. When city fund to be paid into county fund. 7874. Length of session; report to state com- missioner. Organization of county teachers' in- stitutes. Officers; term. When election to be held. COUNTY INSTITUTE. Section 7859. A teachers' institute may be organized in any county, by the association of not less than thirty practical teachers of the common schools residing therein who must declare their intention in writing to attend such institute, the purpose of which shall be the improvement of such teachers in their profession. (R. S. Sec 4 4086.) Section 7860. Such institute, annually, shall elect by ballot a president, secretary, and one member of an execu- tive committee, to serve for a term of three years; except, that at the first annual election held after the organization of an institute, three members of the executive committee must be elected. The one receiving the highest number of votes shall serve three years ; the one receiving the next highest number, two years; and the one receiving the next highest number one year. The president and secretary of the institute shall be ex-officio members of the executive committee and act as chairman and secretary thereof. (K. S. Sec. 4086.) inStit Th'= pufposfof a teachers' institute being the Improvement n|T the tea* rsiifeine^XuiT &l i^ f n P r m e;„o» sas s & management of schools. Section 7861. Such election of officers shall be held during the session of such institute and at a time fixed by the executive committee thereof. At least three days notice of the election must be given the members of such insti- tute by posting conspicuously in the room, where the in- stitute is held, a notice of the time and place of holding it, and of the officers to be voted for. (R. S. Sec. 4086.) 148 TEACHERS INSTITUTES. 149 Payment of institute fund to committee. Report of secretary. Section 7862. A vacancy in the office of president, Vacancies, secretary, or member of the executive committee caused by death, resignation, removal from the county or other cause, may be filled by the executive committee, the person elected to serve until the next annual meeting of the institute. (R. S. Sec. 4086.) Section 7863. Such executive committee shall man- Duty of age the affairs of the institute. The committee must enter committee; into a bond, payable to the state, with sufficient surety, to bond - be approved by the county auditor, in double the amount of the institute fund in the county treasury, for the benefit of the institute fund of the county, and conditioned that the committee shall account faithfully for the money which comes into its possession, and make the report to the com- missioner of common schools, required in section seventy- eight hundred and sixty-five. (R. S. Sec. 4086.) Section 7864. The declaration and bond shall be filed with the county auditor. Thereupon he shall give to the institute committee an order on the county treasury for the amount of the institute fund in the treasury. Any portion of the fund not disbursed by the committee must be re- turned to the county treasury, on the certificate of the county auditor. (R. S. Sec. 4087.) Section 7865. Within five days after the adjourn- ment of the institute, its secretary shall report to the state commissioner of common schools the number of teachers in attendance, the names of instructors and lecturers at- tending, the amount of money received and disbursed by the committee and such other information relating to the institute as the commissioner requires. (R. S. Sec. 4088.) Blanks for reports are sent to the county auditor for distribution. Section 7866. The secretary may be allowed com- pensation not to exceed ten dollars for making such report and for his services as secretary, to be paid out of the in- stitute fund of the county. No other compensation shall be allowed any officer or member of the executive com- mittee. On failure to make such report, the secretary shall forfeit and pav to the state the sum of fifty dollars. (R. S. Sec. 4088.) Section 7867". Upon the forfeiture of the com- mittee's bond, the prosecuting attorney of the county shall committee's prosecute an action thereon, in the name of the state, and collect any money which the committee failed to disburse according to law. and any penalty to which it may be liable under this chapter, and pay it into the county treasury, to the credit of the -institute fund. (R. S. Sec. 4089.) Section 7868. When a teachers' institute has not been held in a county within two years, the commissioner of common schools may hold or cause such institute to be held therein. The management thereof, and all pro- His compensa- tion. feiture ofr When school commissioner may hold institute. i5o TEACHERS INSTITUTES. Teachers may dismiss school to attend ■institute. Pay for attending institute. ceedings in relation thereto, shall be the same as herein- before provided, except that the written declaration re- quired shall not be necessary. (R. S. Sec. 4090.) Section 7869. All teachers and superintendents of the public schools within any county in which a county in- stitute is held while the schools are in session, may dismiss their schools for one week for the purpose of attending such institute. (R. S. Sec. 409 1 -) Section 7870. The boards of education of all school districts are required to pay the teachers and superintend- ents of their respective districts their regular salary for the week they attend the institute upon the teachers or super- intendents presenting certificates of full regular daily at- tendance, signed by the president and secretary of such in- stitute. If the institute is held when the public schools are not in session, such teachers or superintendents shall be paid two dollars a day for actual daily attendance as cer- tified by the president and secretary of such institute, for not less than four, nor more than six days of actual attend- ance, to be paid as an addition to the first month's salary after the institute, by the board of education by which such teacher or superintendent is then employed. In case he or she is unemployed at the time of the institute, such salary shall be paid by the board next employing such teacher or superintendent, if the term of employment begins within three months after the institute closes. R. S. Sec. 4°9 T -) Stipulation denying teacher compensation for teacher's institute void. 30 O. C. C, 411 (11 N. S. 103.) Beverstock v. Bd. of Ed., 75 O. S., 144. Reid v. Muhlenberg Tp. (Bd. of Ed.) 16 O. D. N. P., 414. Institutes for city districts. Expenses of, how providei for. When city fund to be paid into :ounty funi CITY INSTITUTE. Section 7871. The board of education of each city school district may provide for holding an institute yearly for the improvement of the teachers of the common schools therein. General meetings of the teachers of a city dis- trict held upon not less than four days in any year, whether consecutive days or not, for the purposes of instruction, shall constitute a teachers' institute for a city district with- in the meaning of this section. (R. S. Sec. 4092.) Section 7872. The expenses of such institute shall be paid from the city institute fund hereinbefore provided for. In addition to this fund the board of education of any dis- trict annually may expend for the instruction of the teach- ers thereof, in an institute or in such other manner as it prescribes, a sum not to exceed five hundred dollars, to be paid from its contingent fund. (R. S. Sec. 4092.) Section 7873. If the board of a district does not provide for such institute in any year, it shall cause the in- stitute fund in the hands of the district treasurer for the year to be paid to the treasurer of the county wherein the district is situated, who shall place it to the credit of the TEACHERS INSTITUTES. I5I county institute fund. The teachers of the schools of such district in such case, shall be entitled to the advantages of the county institute, subject to the provisions of sections seventy-eight hundred and sixty-nine, and seventy-eight hundred and seventy. The clerk of the board shall make the report of the institute required by the next following section. (R. S. Sec. 4092.) Section 7874. All institutes held under the pro- Len th of visions of this chapter shall continue at least four days, session ; °re P ort A report of the institute held in pursuance of the provisions * of sections seventy-eight hundred and seventy-one and seventy-eight hundred and seventy-two shall be made to the state commissioner of common schools within five days after the adjournment thereof. It must state the number of teachers in attendance, the names of the instructors and lecturers, the total expenses of the institute, the portion thereof paid from the institute funds, and such other in- formation relating to the institute as the commissioner re- quires. (R. S. Sec. 4094.) missioner CHAPTER 9. TEACHERS' PENSIONS. Section 7875. Trustees of school-teachers' pension fund. 7876. Election of board of trustees. 7877. How fund created and invested. 7878. Notice to teachers; acceptance. 7879. Investment of funds; payment of pen- sions. 78S0. Retirement and pension of teachers. 7881. Meaning of term "teacher." 7882. Teachers entitled to pension. 7S83. Amount of pension. 7884. Who not entitled to pension. 7885. How. when fund insufficient to pay pen- sions. Section 7VMi. 7S87. 7891. 7892. 7893. 7894. 7895. 7896. Use of principal and income. Pension exempt. Monthly certifications of deductions from salaries. Who custodian of fund. Duties. Rebate in case of resignation or removal. Heirs, legatees or assigns of deceased teacher entitled to half amount paid. Rules and regulations. Monthly payments to be made by board. Payments from contingent fund. Transfer of existing fund-. Trustees of school teach- ers' pension fund. Election of board of trustees. How fund created and invested. Section 78/$. When the board of education of a* school district by resolution, adopted by a majority vote of the members thereof, declares that it is advisable to create a school-teachers' pension fund for that school district, such fund shall be under the management and control of a board to be known as "the board of trustees of the school-teach- ers' pension fund" for such district. Such board shall be composed of not less than three, nor more than seven members, as the board of education by resolution declares. If composed of less than five a member of the board of trustees of such pension fund shall be elected by the board of education of such school district, and the remaining members by the teachers of the public schools, including the teachers of any high schools, of such district, who have accepted the provisions hereinafter provided. If such board is to be composed of five or more members, two members of the board of trustees of such school district shall be elected by the beard of education thereof, and the remain- ing members by the teachers of the public schools, including the teachers of any high school schools of such school dis- trict, who have accepted such provisions. (R. S. Sec. 3897b.) Section 7876. The election of the members of such board by the teachers shall be at a meeting called by the superintendent of schools of such school district, the first election to be at a meeting to be called by the superintend- ent when one-third of the public school teachers of such school district have accepted the provisions of this chapter. Members of the board o.f trustees of such pension fund shall be elected for such length of time as the board of edu- cation of the school district by resolution declares, to serve not less than one, nor more than three years. They shall serve until their successors are elected and qualified, and without compensation. (R. S. Sec. 3897b.) • Section y^yy school district lias When the board of education of any declared the advisability of creating a 1 o'2 TEACHERS PENSIONS. I 53 school-teachers' pension fund, its clerk shall notify each teacher in the public schools and high schools, if any, of the school district, by notice in writing of the passage of such resolution, and require the teachers to notify the board in writing within thirty days from the date of such notice whether they consent or decline to accept the provisions of law for creating such a fund. After the election of the board of trustees herein provided for, two dollars shall be deducted by the proper officers from the monthly salary of each teacher who accepted such provisions, and from the salary of new teachers who afterward accept them, such sum to be paid into and applied to the credit of such pen- sion fund, and shall continue so to deduct that sum during the term of service of such teacher. (R. S. Sec. 3897c.) Held to create a mutual contract in the nature of insurance; hence all terms should be given a fair interpretation, without favor, and where on: does not come within the express terms there is no reason to strain them l > include him. 7 O. C. C, N. S. 337. Notice to teachers: acceptance. Investment of Sectaon 7878. All teachers hereafter appointed in such public schools, or high schools, if any, in such school district, within thirty days after their appointment, shall be notified by the clerk of such board of education of the election of the board of trustees of such school-teachers' pension fund, and within six months thereafter be require 1 to notify the board of education whether they consent or decline to accept the provisions of law therefor. All moneys received from donations, legacies, gifts, bequests or from any other source shall also be paid into such fund, or into a permanent fund. If paid into a permanent fund, only the interest thereof shall be applied to the payment of pensions. (R. S. Sec. 3897c) Section 7870. Such board of trustees may invest its J iiivuounv.1111 such pension fund in the name of the board in bonds of the funds; pay- United States, or of the state of Ohio, or of any county, pensions. or municipal corporation, or school district in this state ; and may make payments from such fund for pensions granted in pursuance of the laws relating thereto. The board of trustees from time to time also may make and establish such rules and regulations for the administration of the fund as they deem best. (R. S. Sec. 3897c.) Section 7880. Such board of education of such _ . . ' . . Retirement school district, and a union, or other separate board, if any, and pension having the control and management of the high schools of of * such district, may each by a majority vote of all the mem- bers composing the board on account of physical or mental disability, retire any male or female teacher under such board who has taught for a period aggregating twenty years. One-half of such period of service must have been rendered by such beneficiary in the public schools or high schools of such school district, or in the public schools or t high schools of the county in which it is located, and the remaining one-half in the public schools of this state or elsewhere. (R. S. Sec. 3897c!, as amended May to. 1910. ) 154 TEACHERS PENSIONS. Meaning of term "teacher' Teachers entitled to pension. Amount of pension. Who not en- titled to pen- sion. How, when fund insuf- ficient to. pay pensions. Use of prin- cipal and income. Pension ex- empt. Section 7881. The term "teacher" in this chapter, shall include all teachers regularly employed by either of such boards in the day schools, including the superintendent of schools, all superintendents of instruction, principals, and special teachers, but in estimating years of service, only service in public day schools or day high schools, sup- ported in whole or in part by public taxation, shall be con- sidered. (R. S. Sec. 3897c!.) Section 7882. Any teacher may retire and become a beneficiary under this chapter who has taught for a period aggregating thirty years. But one-half of such term of service must have been rendered in the public schools or in the high schools of such school district, or in the public schools or high schools of the county in which the district is located, and the remaining one-half in the public schools of this state or elsewhere. (R. S. Sec. 3897c!, as amended May 10, 1910.) Section 7883. Each teacher so retired or retiring shall be entitled during the remainder of his or her natural life to receive as pension, annually, twelve dollars and fifty cents for each year of service as teacher, except that in no event shall the pension paid to a teacher exceed four hundred and fifty dollars in any one year. Such pensions shall be paid monthly during the school year. (R. S. Sec. 3897c!, as amended May 10, 1910.) Section 7884. No such pension shall ]je paid until the teacher contributes, or has contributed, to such fund a sum equal to twenty dollars a year for each year of service rendered as teacher, but which sum shall not exceed six hundred dollars. Should any teacher retiring be unable to pay the full amount of this sum before receiving a pension, in paying the annual pension to such retiring teacher, the board of trustees must withhold on each month's payment twenty per cent, thereof, until the amount .above provided has been thus contributed to the fund. (R. S. Sec. 3897d.) Section 7885. If such pension fund at any time be insufficient to meet the pensions so provided for, during the period it is insufficient to make such payment, the amount in such fund shall be prorated between the parties entitled thereto. (R. S. Sec. 3897c!.) Section 7886. Such board of trustees may use both the principal and income of such fund for the payment of the premiums herein provided for, and the expense thereof, but this shall not apply to the principal of moneys received from donations, legacies, gifts, bequests, or other such sources. (R. S. Sec. 3807c.) Section 7887. Before its distribution and payment by the board of trustees to the beneficiaries, no part of such pension fund shall be liable to be taken or subjected by any writ or legal process against the beneficiary. (R. S. Sec. 3897c) TEACHERS PENSIONS. 155 _ Section 7888. The clerk of the board of education of such school district, and the clerk of the union board of high schools, or other separate board having the control and management of the high schools of the district, if any, each shall certify monthly to such board of trustees all amounts deducted from the salaries of the teachers as above provided, which amounts, as well as all other moneys con- tributed to such fund, must be set apart as a special fund for the purposes herein specified, subject to the order of the board of trustees. Moneys belonging to such fund shall be paid only on the order of such board, entered upon its minutes on warrants signed by its president and secretary. (R. S. Sec. 3897L) • Section 7889. _ The treasurer of such school district shall be the custodian of such pension fund, and keep it subject to the order, control and direction of the board of trustees. He must keep books of accounts concerning the fund in such manner as may be prescribed by such board which always shall be subject to the inspection of the board of trustees or of any member thereof. Such treasurer shall execute a bond to the board of trustees with good and suf- ficient sureties in such sum as the board requires, which bond shall be subject to its approval, and be conditioned for the faithful performance of his duties as custodian and treasurer of the board. (R. S. Sec. 3897g.) Section 7890. Such treasurer must keep and. truly account for all moneys and profits coming into his hands, belonging to such fund, and at the expiration of his term of office^ pay over, surrender and deliver to his successor all securities, moneys and other property of whatsover kind, nature and description in his hands or under his control as treasurer. For his services he shall be paid not to ex- ceed one per cent, annually of the amount paid into the fund during the year. (R. S. Sec. 3897g.) Section 7891. A teacher who resigns or is removed for cause, upon application within three months after such resignation or removal takes effect, shall be entitled to re- ceive half of the total amount paid by such teacher into such fund. (R. S. Sec. 3897b.) Section 7892. In case of the death of a teacher, the heirs, legatees or assigns of the deceased, shall be entitled to receive half of the total amount paid by such teacher into such fund upon application therefor, with proof of claim to the satisfaction of the board of trustees. (R. S. Sec. 389711.) Monthly cer- tifications of deductions from salaries. Who dian custo- of fund Duties. Heirs, legatees or asigns of deceased teacher en- titled to half amount paid. Section 7893. The board of trustees shall make such rules and regulations as it may deem expedient or neces- sary for its government; which must be adopted, and when adopted, may be amended, by a vote of not less than two- thirds of all the members of the board. (R. S. Sec. 38971.) Rules and regulations. Payments from contin- gent fund. 56 TEACHERS PENSIONS. Monthly p..y- Section 7894. The board of education in any school mad? by be district which has created, or shall create, a teacher^' pen- hoard. s i on fund, shall pay monthly into such fund all deductions from the salaries of teachers on account of their tardiness or absence. (R. S. Sec. 3897k.) Section 7895. The board of education in any school district which has created, or shall create, a teacher's pen- sion fund, semi-annually, shall pay from the contingent fund of such school district into such fund, not less than one per cent, nor more than two per cent, of the gross receipts of the board raised by taxation, which shall be applied to the payment of teachers' pensions, as herein- before provided. (R. S. Sec. 3897I.) Transfer of Section 7896. Upon the election and organization of existing funds, a board of pension trustees under this chapter in any school district, any school teachers' pension fund heretofore cre- ated for such district under any former act shall be trans- ferred to the board of trustees created under this chapter by the board or persons having control thereof. Bene- ficiaries under such transferred fund shall receive pensions under this chapter. (R. S. Sec. 3897 j.) CHAPTER 10. NORMAL SCHOOLS. Section 7S97. State normal schools; location. 7898. Maintenance, control, instruction. 7399. Local tax to aid such school. Section 7900. Question to be submitted to 7901. When another election may be held. Local tax- to aid such school Section 7897. There are hereby created and estab- state normal lished two state normal schools to be located as follows : f cho ° ls '> One in connection with the Ohio university, at Athens, and one in connection with the Miami university, at Oxford (95 v. 45 § r.) Section 7898. Boards of trustees of such universities Maintenance shall maintain at their respective institutions a normal c °ntroi, school which shall be co-ordinate with existing- courses of ' instruction, and be maintained in such a state of efficiency as to provide proper theoretical and practical training for all students desiring to prepare themselves for the work of teaching. Such normal schools, in each case shall be under the general charge and management of the respective boards of trustees of such universities. (95 v. 45 § 2.) Section 7899. The trustees of any township in this state, in which a normal school is organized and conducted, annually may levy a tax, not exceeding two mills on the dollar upon all the taxable property of the township for the purpose of aiding in the support of such normal school. (97 v. 389 § I.) Section 7900. Before the tax can be levied, the ques- tion of making a levy for such purpose, shall be submitted to the qualified electors of the township, at a special or gen- eral election to be held therein, due notice of which must be given at least twenty days prior to the election, by pub- lication in some newspaper of general circulation in the township. If a majority of the votes cast at such election upon the question of tax levy is in favor of levying a tax, then the trustees of the township thereafter annually shall make the levy and report it to the county auditor for col- lction as other taxes to be paid over, when collected, to the duly qualified and acting treasurer of the board of trustees of such normal school. (97 v. 389 § 2.) Section 7901. At any time after four years from the - date of such an election, another election may be petitioned election may for and shall be ordered by the trustees of the township, if ' be held " the petition be signed by at least forty per cent, of the qualified electors of the township. (97 v. 380 § 3.) 157 Question to be submitted to vote. When another I58 NORMAL SCHOOLS. (House Bill No. 44.) AN ACT To provide for the appointment of a commission to establish two normal schools and to provide for the maintenance thereof. Be it enacted by the General Assembly of the State of Ohio : Section i. That the normal school system of the State of Ohio created and established by Chapter Ten of the General Code, be extended by the creation and estab- lishment of two additional state normal schools, one in Northeastern Ohio and one in Northwestern Ohio, to be so located as to afford the best opportunity possible for all the people to obtain the benefits and advantages to be de- rived from teachers trained both theoretically and practi- cally. Neither of such schools shall be located in any city or village which now has a college located therein. Section 2. Within thirty days after the passage of this act the Governor shall appoint a commission composed of five persons, not more than three of whom shall be from any one political party, and no one of whom shall be per- sonally or financially interested in any site determined upon by said commission. Said appointees shall constitute a com- mission with full power and authority to select suitable locations, lands, or lands and buildings and secure options on the same as said commission may find necessary for the establishment of said Normal Schools and upon such terms and conditions as said commission may deem to be for the best interests of the state and submit a report of their pro- ceedings to the Governor for his approval on or before the first day of December, 19 10. The members of said com- mission shall serve without compensation but shall be paid their reasonable and necessary expenses while in the dis- charge of their official duties and shall serve until the ap- pointment and organization of the boards of trustees, here- inafter provided. Section 3. As soon thereafter as the General Assem- bly shall appropriate a sufficient amount of money for the purchase of said sites and the erection of suitable buildings thereon, the Governor shall appoint by and with the advice and consent of the Senate five competent persons who shall constitute a Board of Trustees for the proposed Normal School in the Northeastern portion of Ohio and five other competent persons who shall constitute a Board of Trus- tees for the proposed Normal School in the Northwestern portion of Ohio. Section 4. Each board of trustees shall organize im- mediately after its appointment by the election from its members of a president, a secretary and a treasurer. The treasurer, before entering upon the discharge of his duties shall give bond to the State of Ohio for the faithful per- formance of his duties, and the proper accounting for all moneys coming into his care. The amount of said bsnd NORMAL SCHOOLS. 159 shall be determined by the trustees, but shall not be for a Jess sum than the estimated amount which may come into his control at any one time. Said bond shall be approved by the Attorney General. Before adopting plans for the buildings of said Nor- mal Schools each board shall elect a president of known ability for the school under its control, who shall have advisory power in determining said plans. In planning said buildings, ample provisions shall be made for the establish- ment of a well equipped department for the preparation of teachers in the subject of agriculture. The boards of trustees in connection with the presi- dents of the Normal Schools shall select "and appoint an able and efficient corps of instructors for the said schools, provide a suitable course of study for the theoretical and practical training of students who desire to prepare them- selves for the work of teaching, fix rates of tuition and pro- vide proper equipment. Said boards shall proceed without unnecessary delay to purchase said selected sites, lands and buildings, as the case may be, and erect thereon suitable and substantial buildings or enlarge, reconstruct and properly repair in a suitable and substantial manner such building or buildings, if any there be, and complete said buildings as soon as con- ditions will permit. And said board of trustees shall do any and all things necessary for the proper maintenance and successful and continuous operation of said Normal Schools and may receive donations of lands and moneys for the purposes of said Normal Schools. The^ Governor when appointing said board of trustees shall designate one member of each board to serve one year, one to serve two years, and one to serve three years, one to serve four years and one to serve live years and there- after one trustee for each board shall be appointed annually for five years for the control and management of said Nor- mal Schools. They shall serve without compensation other than their reasonable and necessary expenses while engaged in the discharge of their official duties. Not more than three members of each board shall be selected from any one political party. Section 5. The Governor shall have power to re- move for just cause any appointees herein named, when, in his judgment, he deems it necessary, and shall fill all vacan- cies that may occur. Section 6. The said Normal Schools shall be sup- ported by such sums and in such manner as the General Assembly may from time to time provide. GRANVILLE W. MOONEY, Speaker of the House of Representatives FRANCIS W. TREADWAY. President of the Senate. Passed May 10, 1910. Approved May 19, 1910. JUDSON HARMON. Governor. CHAPTER 11, COLLEGES AND UNIVERSITIES. MUNICIPAL UNIVERSITIES, ETC. Section 7902. Powers of board of directors. 7903. City solicitor to act as attorney. 7904. When board may confer degrees. 70 5. University denned. 7906. Council may provide site for municipal university. How such grant changed. 7905. Tax levied. 7909. When levy to be made. 7910. Municipal university. 7911. Issue of bonds. 7912. Disposal of bonds. 7913. Power and control vested in directors. 7914. Duties of trustees of sinking fund. 791-3. Board of directors of educational institu tion may accept educational trusts. 7916. How trust funds to be applied. 70] 7. Trusteeship to vest in city, etc. 7918. Account of receipts and expenditures of endowment fund. 7919. How funds invested. 7920. Citizens not to be charged for admission of children. 7021. Board of education to have control and management of property held in trust for educational purposes. 7922. Tax levy. STATE UNIVERSITIES GENERALLY. 7023. Declaration of policy of state with re- spect to Ohio s'ate university, Ohio university and Miami university. T021. Tax levy for support of Miami univer- sity. 7925. Tax levy for support of Ohio univer- sity. 7926. Tax levy for support of normal school at Ohio university. 7927. Tax levy for support of normal school of Miami university. 7928. How such money shall not be expended. 7929. Tax levy for support of Ohio state uni- versity. 7930. Tuition. 7931. Inspection of accounts. OHIO UNIVERSITY. 7932. Providing for sale of university lands. 7933. Owner to receive deed; form of. 7934. Validity of such deed. 7935. Registry of deed, etc., to be kept. 7936. Proceeds to be deposited in state treas- ury, and become irreducible trust fund. 7937. Levy and collection of state tax upon lands donated to Ohio university. 70 ; Q . Tax in lieu of rents; tax collected from railroad companies. 7939. Appointment of trustees. 7940. Annual report. Section 7941. Duty of standing committee on colleges and universities. OHIO STATE UNIVERSITY. 7942. Appointment of trustees; term, compen- sation, etc. 7043. Style and power of trustees. 7044. Officers of the board. r945. Treasurer. 7046. Meetings of board. 7047. Annual report of trustees. 7048. Board may make rules and regulations. 7949. Election of president, professors, etc., and course of instruction. 7951 Property, expenses, etc. 7951. Board may receive devises of land, etc. 7052. Title of lands to be vested in the state, etc. 7953. Attorney-general to be legal adviser of the board. 7954. Who admitted as pupils, lectures. 7955. Branches prescribed. 7956. Duties of board as to cereals, etc. 7957. Collections of specimens of geology, etc. 7958. Department of ceramics. 7959. Special instruction therein. 7960. Laboratory. 7961. Expert. 7962. Establishment of a school of mines. 7963. Employment and duties of instructors. 7064. Written analysis of fertilizers. 7955. State sealer and standards of weights and measures. 7966. Copies of standards for use Of counties. 7067. Device on county standards. 7968. Like copies to be furnished to cities and villages. 79fi9. Expenses. 7970. Inspection of gas and meters. 7971. Funds from sale of land scrip. 7072. Investment of interest of "scrip fund." 7973. County schools. 7074. Instruction by mail. WILFERFORCE UNIVERSITY. 7075. Normal and industrial department. 7976. Board of trustees. 7977. Choosing of trustees by university board. 797S. Vacancies. 7979. Names of trustees to be certified to governor. 7980. Meetings of trustees; their expenses. 7981. Powers and duties of trustees. 7982. Non-sectarian characier of department. "083. Bond of treasurer. 'i984. Anual report, and estimate of appropri- ations. 7985. Designation of pupils by members of general assembly. 7986. Appropriation-; application of revenues. 'lirectors. MUNICIPAL UNIVERSITIES, ETC. Section 7002. As to all matters not herein or other- wise provided by law. the hoard of directors of a municipal university, college or institution, shall have all the author- ity, power and control vested in or belonging to such municipal corporation as to the management and control UK) City solicitor COLLEGES AND UNIVERSITIES. of the estate, property and funds, given transferrer! covenanted, or pledged to such corporation or the trusts and purposes relating thereto, and the government con duct and control of such university, college or ?nstiu,tion" It may appomt a clerk and all agents propi and ^necessary for the care and administration of the trust property and the collection of the income, rents, and profits thereof an point the president, professors, tutors, 'instructor Cents' and servants necessary and proper for such univS college or institution, and fix their compensation ; provide all the necessary buildings, books, apparatus, means and appliances, and pass such by-laws, rules and relations concerning the president, professors, tutors, insmfctors agents, and servants, and the admission, government and tuition of students, as it deems wise and proper and bv suitable by-laws, delegate and commit the admlsion gov ernment. management and control of the student cotus! ot .dies, discipline and other internal affairs of uch uni verity college or institution, to a faculty which the board appoints from among the professors. (R. S. Sec 4099 ) Section 7903. When requested so to do by resolution ISoS It ? ^7 ° f f" Ch ™" nid P al -'Pot tion S« behalf of t 1 de • nd ' 3 f, the Case ma y be ' f °' ^d in '"'^ belialt of the corporation, all complaints, suits and con trovers.es ,n which the corporation or such boar!, is "party and winch relate to any property, funds, trusts rights' board 5 ' o'r which affa ' rS " nder the COntroI ^direction of the board, or which, in any manner, relate to the conduct or S s"c"4099.) SUCh UniVerSity ' C0 " ege or ^titution (R Section 7904. The board of directors of such uni- w, , thTfa'euhv T ° r " StitlUi0n - ;' POn the -commendatio, of f"? the faculty thereof, may confer such degrees and honors *""■ State' C Z°:Z y '", miiVer5iH r "V C0 " e ^ s in the uS states, and such others as with reference to the course of studies and attainments of the graduates in special depart ments it deems proper. (R. S. Sec. 4102.) P Section 7905. A university supported in whole or in n • •; part by mumcpal taxation, is defined as an assemblage of &* colleges united, under one organization or management affording instruction in the arts, sciences and the feTrned professions, and conferring degrees. (R. S. Sec 4,02 ) Section 7906. The council of any such municipal corporation may set apart, or appropriate as a site for the Coanc / ™? buildings and grounds of such a university, coHege or m ti- E^-Ew ution, pubhc grounds of the city not especially appror - ""'""'"' law to the "'I by ° rdinan , Ce t0 a "- v other " se ' 4 otheV education of . ra, " y n0t . W . lth ? tandi "g; and the board of n n™= ° h a mumcl P al corporation also, for a like Pit pose may set apart, convey or lease for a term of vears a R s s"c r 1 bl ' ) l!dlng owned or controlled by such board.' 1 1 S. T.. l6l 1 62 COLLEGES AND UNIVERSITIES. How such gran chan ged. Tax levied. When levy to he made. Municipal uni versity bonds. Disposal of bonds. Section 7907. Any grant for the use of such grounds, or buildings heretofore or hereafter made by any council or board of education, may be modified, changed or extended as to the time when it shall take effect and be in force, or otherwise, by agreement between such council, or board of education, and the board of directors of such university, college or institution. Such council shall be taken and held to be the representative of such municipal corporation vested with the title, right of possession and entire control of such property for the purposes of a new grant. (R. S. Sec. 4103.) Section 7908. The council annually may assess and levy taxes on all the taxable property of such municipal corporation to the amount of five-tenths of one mill on the dollar valuation thereof, to be applied by such board to the support of such university, college or institution, and also levy and assess annually five one-hundredths of one mill on the dollar valuation thereof, for the establishment and maintenance of an astronomical observatory, or for other scientific purposes, to be determined by the board of direct- ors and to be used in connection with such university, col- lege or institution, the proceeds of which shall be applied by the board of directors for such purposes exclusively. But such taxes shall only be levied and assessed when the chief work of such university, college or institution is the main- tenance of courses of instruction, in advance of, or supple- mentary to, the instruction authorized to be maintained in high schools by boards of education. (R. S. Sec. 4104.) Section 7909. Such levies shall be made by the coun- cil at the time, and in like manner as other levies for other municipal purposes, and must be certified by it and placed upon the tax duplicate as other municipal levies. The funds of any such university, college or institution shall be paid out by the treasurer upon the order of the board of direct- ors and the warrant of the auditor. (R. S. Sec. 4104.) Section 7910. Any municipal corporation having, a university supported in whole or part by municipal taxation, may issue bonds for the erection of additional buildings or the completion of buildings not completed, for such municipal university, and for the equipment thereof, (qq v. 133 § 1.) Section 7911. Such bonds may.be issued under ordinance of the council of such municipality with the ap- proval of the mayor, but only upon the receipt of a certified resolution from the board of directors of such university of the necessity of such issue. The resolution and ordi- nance must specify the amount of the issue, the denomin- ation of bonds, their rate of interest, their dates, and the times of their maturity. (99 v. 133 § 2.) Section 79T2. The bonds so issued shall be sold ac- cording to the provisions of law for the sale of municipal COLLEGES AND UNIVERSITIES. :6. T bonds, and the proceeds thereof, excepting the premiums and accrued interest, shall be placed in the treasury of such municipality and be used only for the purpose of erecting or completing and equipping such additional buildings as may have been specified in the resolution and ordinance calling for their issue. (99 v. 133 § 3.) Section 7913. Tn the use of such fund for such pur- pose, all power and control shall be vested in the board of directors of the municipal university. Such board -shall make any contracts necessary for the erection or completion of the buildings specified, and the equipment thereof ; supervise their erection, completion and equipment, and issue proper vouchers for the payment out of such fund of moneys due under such contracts, and for any other ex- penses connected with the erection, completion, and equip- ment of such buildings. The amount of premium and ac- crued interest arising from the sale of the bonds shall be paid into the sinking fund. (99 v. 133 § 3.) Section^ 7914. The trustees of the sinking fund of any municipality issuing bonds under the above authority, annually shall levy a tax sufficient to pay the interest, and to provide a sinking fund for the final redemption of the bonds at maturity. (99 v. 134 § 4.) Sectiox 7915. The board of directors of a university, college or other educational institution of any municipal corporation, in the name and on behalf of such corporation, may accept and take any property or funds heretofore or hereafter given to such corporation for the purpose of founding, maintaining or aiding a university, college or institution for the promotion of education, and upon such terms, conditions and trusts consistent with law as such board deems expedient and proper for that end. (R. S. Sec. 4095.) Section 7916. For the further endowment, mainte- nance and aid of any such university, college or institution heretofore or hereafter founded, the board of directors thereof, in the name and in behalf of such municipal cor- poration may accept and take as trustee and in trust for the purposes aforesaid any estate, property or funds which may have been or may be lawfully transferred to the mu- nicipal corporation for such use by any person, person^ or body corporate having them, or any annuity or endowment in the nature of income which may be covenanted or pledged to the municipal corporation, towards such use by any person, persons or body corporate. Any person, per- sons or body corporate having and holding any estate, property or funds in trust or applicable for the promotion of education, or the advancement of any of the arts or sciences, may convey, assign and deliver these to such mu- nicipal corporation as trustee in his, their or its place, or covenant or pledge its income or any part thereof to it. Such estate, property, funds or income shall be held and Power and control vested in directors. Unties of trustees of sinking fund". Board of di- rectors of educational institution may accept ed- uca' iunal t 1 usts How trust" funds to be applied. 164 COLLEGES AND UNIVERSITIES. Trusteeship 1 vest in city, etc. Account of receipts and expenditures of endow- ment fund. How funds invested. applied by such municipal corporation in trust for_ the further endowment, maintenance and aid of such univer- sity, college or institution, in accordance nevertheless with the 'terms and true intent of any trust or condition upon which they originally were given or held. (R. S. Sec. 4096.) Section 7917. Upon Mich transfer and the accept- ance thereof the municipal corporation and its successors, as trustees shall become and be perpetually obligated and held to observe and execute such trust in all respects ac- cording to any other or further terms or conditions law- fully agreed upon at the time of such transfer and accept- ance. Any court having jurisdiction of the appointment of trustees of such trust for educational purposes, in a pro- ceeding -therefor, duly instituted and had, may, with the consent of its council, appoint and constitute such munici- pal corporation, trustee of the estate, property and funds so transferred to it, and dispense with bond and surety upon the part of the municipality for the performance of such trust, unless that is required by the original terms or conditions thereof, and upon the due transfer and accept- ance of such trust shall release and fully discharge the trustees so transferring it. Any acceptance or acceptances by such municipal corporation of any or all property, funds, rights, trust estate or trusts heretofore given, granted, as- signed, or otherwise conveyed or transferred to or bestowed upon such a municipal corporation or to or upon such a university, college or institution in good faith, and which are still held and retained by such municipality or such a university, college or institution, shall be held and deemed to be valid and binding as to all parties. (R. S. Sec. 4097-) Section 7918. The accounts of such trust estate, property and funds, and of the income and expenditure thereof, shall be kept by the auditor of such municipal corporation entirely distinct from all other accounts or af- fairs of the municipality and the moneys must be kept by the treasurer of the municipal corporation distinct from other moneys. Such board of directors, at all times, must confine their disbursements for current expenses within the income of the trust, estate, property and funds, and annually shall report to the mayor and council of such municipality a full statement of the accounts of adminis- tration of such trust and other funds. (R, S. Sec. 4101.) Section 7019. Such board may invest any part of the funds belonging to, or set apart for the use of such university, college or institution, or to any department thereof as it, from time to time deems proper, in bonds^of the United States or of the state of Ohio, or of any munici- pay corporation in this state, or any county or school district herein or in any other bonds or first mortgage scunties approved by it; and may use any funds under its control for the improvement of real estate belonging to, or set apart COLLEGES AND UNIVERSITIES. 165 for the use of, such university, college or 0. bee. 4101.) institution. (R. Citizens not to be charged for admission of children. Board oJ cation to have control and management of ty held in trust for educational purposes. K» ,i 1 ?* 792 °- Cl f Izens of such municipality shall not be charged for instruction in the academic department ex- cept m professional courses therein. Such board of direct- ors may charge fees to students in other departments and to students in professional courses in the academic depart- ment, and from time to time may make such university college or institution free in any or all of its departments to citizens of the county in which it is located. The board ro tniHn S m l y re - dve °' her Students on s "ch terms as to tuition or otherwise as they see fit. (R. S. Sec. 4100.) ktrJnn T T 7921 ' , T n 6 custoc| y> management and admim istiation of any and all estates or funds, given or trans- l%lt; m T t0 an y ™unicipality for the promotion of education, and accepted by the council thereof, and any in- stitution for the promotion of education heretofore or here- in/ ?"uu d other . than a "diversity as defined in this chapter, shall be committed to, and exercised by, the board nflitv £° 1 °k th 5 S f° } district including such munici- pality. Such board of education shall be held the repre- . sentative and trustee of such municipality in the manage- ment and control of such estates and funds so held in trust and in the administration of such institution, excepting always funds and estates held by any municipality which are used to maintain a university as heretofore defined (K. b. Sec. 4105.) hnnrfTT ^ ■ F °? P? UStS a " d Purposes of Such T , board of education ,n administering such trusts, the council y of such municipality annually may levy taxes on all the taxable property of such municipal corporation to the thereof °\lT^ hS J 5 .r mm °" the d0 " ar Va!Uati ° n STATE UNIVERSITIES GENERALLY. this ^?, 10N Z 9 P- . Inasm "ch as it is deemed desirable for this state to determine its policy in regard to the sunnort i°t adnnt tUtI T i° f ^ »«"**• a "d further desirabKa ancl cnl U 1S " 1Ct ,," d fixed P °' icy in re ^ ard to universities and colleges for all time to come so that the policy of the state with reference to the Ohio State university, the Miami university and the Ohio university shall be determined IZ umt- it ^ ^ t0 f the 6nd that the State ma - v b « iId UP one un ™ ! - W ° r , thy , ° f '*• , aS now be ? un at th e Ohio State university, and also to fix such a policv as will provide support for the Miami and Ohio universities as TcollegeTo? liberal arts but not to include technical or graduate instruc- tion aside from the usual graduate work for the degree of master of arts, and to determine definitely for all time that the Miami university and the Ohio university shall be no greater charge on the state so far as university purposes Declaration of policy of state with respect to Ohio state university, Ohio univer i f y and Miami uni- versity. l& COLLEGES AND UNIVERSITIES. Tax levy for support of Miami univer ■sity. Tax levy for support of Ohio univer- sity. Tax levy for Mipport of normal school at Ohio uni- versity. are concerned than herein provided for; therefore this sub- division of this chapter is passed to set forth the policy, to- with : That in the future no representative of the Miami university or of the Ohio university or of the Ohio State university shall violate or attempt to violate this policy herein encated into law as a policy for the support of higher education and as a guide for future general assem- blies of the state of Ohio. (98 v. 309 § I.) Section 7924. For the purpose of affording support to the Miami university, there shall be levied annually a tax on the grand list of the taxable property of the state, which tax shall be collected in the same manner as other state taxes and the proceeds of which shall constitute "the Miami university fund.'' The rate of such levy shall be two and one-half one-hundredths of one mill upon each dollar of valuation of such property. The sum raised by such levy, or its equivalent in money in case the levy is abolished, shall be the sum total received either from the proceeds of the levy or from appropriations for the support of the college of liberal arts, and shall be used only for the purposes set forth in the next preceding section. This levy shall not hereafter be increased. But this shall not prevent such appropriations from time to time as may be necessary for apparatus for university purposes, exclusive of build- ings. (98 v. 310 § 2.) Section 7925. For the purpose of affording support to the Ohio university, there shall be levied annually a tax on the grand list of the taxable property of the state which shall be collected in the same manner as other state taxes and the proceeds of which shall constitute "the Ohio uni- versity fund." The rate of such levy shall be two and one- half one-hundredths of one mill upon each dollar of valua- tion of such taxable property. The sum raised by means of such levy, or its equivalent in money, in case the levy is abolished, shall be the sum total received either from the proceeds of the levy or from appropriations for the support of the college of liberal arts, and shall be used only for the purposes set forth in section seventy-nine hundred and twentv-three. This levy shall not hereafter be increased. But this shall not prevent such appropriations from time to time as may be necessary for apparatus for university pur- poses, exclusive of buildings. (98 v. 310 § 3.) Section 7026. For the purpose of affording support to the state normal school or college, in connection with the Ohio university, there shall be levied annually a tax on the grand list of the taxable property of the state, which shall be collected in the same manner as other state taxes and the proceeds of which shall constitute "the Ohio normal school fund." The rate of smch levy shall be one and one- half one-hundredths of one mill upon each dollar of valua- tion of such taxable property, unless otherwise designated by the general assembly. Nothing in this section shall pre- COLLEGES AND UNIVERSITIES. 167 university, vent such normal school from securing such additional ap- propriations as the general assembly sees fit to make from time to time for the support and equipment of the school. (98 v. 310 § 4.) Section 7927. For the purpose of affording support Tax levy for to the state normal school or college, in connection with the support of Miami university, there shall be levied annually a tax on the at .Miami grand list of the taxable property of the state, which shall be collected in the same manner as other state taxes and the proceeds of which shall constitute "the Miami normal school fund." The rate of such levy shall be one one- hundredths of one mill upon each dollar of valuation of such taxable property, unless otherwise designated by the general assembly. Nothing in this section shall prevent such normal school from securing such additional appro- priations as the general assembly sees fit to make from time to time for the support and equipment of the school. (98 v. 3" § 5-) Section 7928. No moneys derived under the levies How such provided for in this subdivision of this chapter shall be ex- mo , n t y sha11 111 n/r- • • /~\i • • • not ° e ex " pended by the Miami university or by the Ohio university pended. for maintaining or giving instructions in any courses of study other than in liberal arts in the normal school or college branches. (98 v. 311 § 6.) Section 7929. For the purpose of affording free the Tax levy for advantages to the youth of the state of a higher, technical, QhK^state* liberal, professional, agricultural, graduate and industrial university. education, including manual training, there shall be levied annually a tax on the grand list of the taxable property of the state, which shall be collected in the same manner as other state taxes and the proceeds of which shall consti- tute, "the Ohio State university fund." There shall be levied annally for that purpose sixteen one-hund xdths of one mill upon each dollar of valuation of such taxable prop- erty, or its equivalent in money should such levy be abolished. Nothing herein shall prevent the Ohio State university from securing any appropriations that the gen- eral assembly sees fit to grant for the purposes herein set forth. The Ohio State university never shall maintain a normal school, but may establish a teacher's college or pro- fessional grade. Nothing in this section shall prevent the board of trustees from charging incidental expense fees and also reasonable tuition fees for professional education. (98 v. 311 § 7-) Section 7030. No provision of this sub-division of Tuition. this chapter shall prevent the boards of trustees of the Ohio State university, the Miami university, the Ohio university or the State Normal school at the Ohio university or at the Miami university from charging reasonable tuition for the attendance of pupils of either of such institutions from students who are non-residents of the state of Ohio. (98 v. 312 § 8.) 1 68 GES AND UNIVERSITIES :ion of accounts. Section 7931. The expenditure of all moneys under the provisions of this sub-division of this chapter or for the purposes of carrying them out, raised or secured from any source whatsoever, shall be subject to the inspection of the state bureau of public accounting, the cost thereof to be paid by the university or college inspected at the cost as provided by law. (98 v 312 § 9.) Providing for sale of uni- versity lands. Owner to re- ceive deed; form of. Validity of such deed. ' ry of deed, etc., to be kept. Proceeds to e treas- ury, and be- come irre- ducible trust fund. OHIO university. Section 7932. The owners of lands or town lots held under leases from the president and trustees of the Ohio university, or held under sale-leases or assignments by or under the original lessees, may pay to the treasurer of the university, such sum of money, as, placed at interest at six per cent, will yield the amount of rent reserved in the origi- nal lease, or in case of a division of the original tract or parcel leased, will equal the proper aliquot part thereof, or the part agreed upon by the several owners. But a per- son so surrendering and releasing to such corporation must pay the necessary expenses incident to such change of tenure, and procure the services of an agent to perform the necessary labor thereof. Upon payment of such sum and of all rents due upon the land, on demand of such owner, the treasurer shall give him a certificate of such payment. (80 v. 193 § 1.) Section 7933. Upon such payment, such owner shall be entitled to receive a deed of conveyance for such land by him owned, to be signed by the president of such cor- poration, countersigned by its secretary, and sealed with the corporate seal of the university, conveying the premises in fee simple to him, or such owner at his option, may demand and receive a certificate as aforesaid. The gov- ernor of" Ohio, upon presentation thereof, shall execute and deliver to such owner, a deed conveying the premises in fee simple to him. (80 v. 194 § 2.) Section 7934. Either of such deeds, so made, shall have the effect in law and in fact to vest in the grantee an absolute estate in fee simple in the premises, subject, how- ever, to all liens, equities, or rights of third persons in, to or upon the premises. (80 y. 194 § 3.) Section 7035. Such secretary shall keep an accu- rate registry of all such payments, certificates and deeds, with an accurate description of the tract or lot of land so paid for or deeded. Thereafter, the land so deeded shall be subject to taxation in like manner as other freehold estates in such county. The original leases therefor, in so far as regards the land so deeded, shall cease to have force or effect. (80 v. 104 § 4.) Section 7036. The treasurer of the Ohio university. on or before the first day of January, next, after such re- ceipt of money, must deposit it in the state treasury upon the certificate of the state auditor. The sums so deposited COLLEGES AND UNIVERSITIES. shall be added to the irreducible trust funds held by the state for educational purposes, and interest thereon be paid semi-annually to the treasurer of such university, upon the requisition of the state auditor. (80 v. 194 § 5.) Section 7937. A state tax or a tax equal to the state tax upon like property, shall be levied and collected upon all lands donated to the Ohio university, situated at Athens, Ohio, and held by lease from it or by deed from the gov- ernor of the university, including such parts of such lands as are or may be owned, occupied or used by railroad com- panies as road-beds, road-ways, station-houses, or for other purposes. Such taxes, when collected, shall be paid by the treasurer of Athens county, upon the warrant of the auditor of the county, to the treasurer of the Ohio univer- sity, for its use. (82 v. 115 § 1.) Section 7938. The tax so collected upon lands so held by lease, shall be in lieu of so much of the rents due to the university. The tax so collected from railroad com- panies, and paid to the university, shall not include the tax upon rolling stock. (82 v. 115 § 2.) 169 Levy and col- M Of state tax upon donated to Ohio uni- versity. Tax in lieu of rents; tax collected from railroad com- panies. MIAMI UNIVERSITY. Section 7939. The government of Miami university shall be vested in twenty-seven trustees, to be appointed by the governor by and with the advice and consent of the senate. Nine trustees shall be appointed every third year, for a term of nine years, beginning on the "first day of March in the year of their appointment. Vacancies in the board of trustees shall be filled for the unexpired term in the same manner. (66 v. 73 § 1.) Section 7040. The board of trustees, annually, shall make a full and accurate report to the governor, on or be- fore the fifteenth day of November, of all receipts and dis- bursements of the preceding year, the number of students in attendance, studies taught, and such other matters con- nected with the institution as the board deems important. Such report shall be transmitted by the governor to the legislature. (66 v. y^ § 2.) Section 7941. The standing committee on colleges and universities of eacli legislature, shall examine into the condition of Miami university, and report to the legislature such matters as it deems important to the interests of the ; university. (66 v. y^ § 3.) ^ppoil: I f trus Annual ] >o rt . g COM lieges s. OHIO STATE UNIVERSITY. Section 7942. The government of the Ohio state university shall be vested in a board of seven trustees, wh< 1 shall be appointed by the governor, with the advice and consent of the senate. One trustee shall be appointed each year for a term of seven years from the fourteenth day of Appointment of trustees; term, compen- etc. I/O COLLEGES AND UNIVERSITIES. Style and power of trustees. Officers of the board. Treasurei Meetings of "hoard. Annual re- port of Trustees. May of such year, and serve until his successor is appointed and qualified. A vacancy in the office of trustee shall be filled by an appointment to be made in the same manner as an original appointment, but only for the unexpired term. The trustees shall not receive compensation for their serv- ices, but shall be paid their reasonable necessary expenses while engaged in the discharge of their official duties. (75 v. 126 §§ 2, 3.) Section 7943. The trustees and their successors in office shall be styled the "board of trustees of the Ohio state university," with the right as such, of suing and be- ing sued, of contracting and being contracted with, of mak- ing and using a common seal, and altering it at pleasure. (67 v. 21 § 4.) Section 7944. The board of trustees annually shall elect one of their number chairman, and in the absence of the chairman elect one of their number temporary chair- man. It also may appoint a secretary, treasurer, and librarian, and such other officers as the interests of the college require, who may be members of the board. Such appointees shall hold their offices for such term as the board may fix, subject to removal by it, and receive such com- pensation as the board prescribes. (67 v. 21 § 9.) Section 7945. Before entering upon the duties of his office the treasurer shall give bond to the state in such sum as the board of trustees determines, but not for a less sum than the probable amount that will be under his control in any one year, conditioned for the faithful discharge of his duties and the payment of all moneys coming into his hands, the bond to be approved by the attorney-general of the state. (67 v. 21 § 9.) Section 7946. Meetings of the board of trustees shall be called in such manner, and at such times as the board prescribes. The board shall meet at least three times annually, and at such other times as may be necessary for the best interest of the university. A majority of the board present at any meeting shall constitute a quorum to do busi- ness ; but a majority of all the board shall he necessary to elect or remove a president or professor. (75 v. 126 § 6.) Section 7947. On or before the first day of October of each year the board of trustees shall cause a report to be made to the governor of the condition of the university; the amount of receipts and disbursements, and for what the disbursements were made ; the number of professors, officers, teachers, and other employes and the position and compensation of each, the number of students in the sev- eral departments and classes, and the course of instruction pursued in each; also an estimate of the expenses for the ensuing year; a statement showing the progress of the uni- versity, recording any improvements and experiments made, with their costs, and the results, and such other matters as COLLEGES AND UNIVERSITIES. 171 are useful. Such annual report shall be for the year end- ing June thirtieth next preceding. Five thousand copies thereof shall be printed under the law as to printing the journals and other documents of the general assembly, to be distributed by the trustees in such manner as they deem for the best interest of the university. The president thereof shall transmit by mail one copy respectively to the secretary of the interior, the secretary of agriculture, and to each of the colleges which are, or may he endowed under the provisions of the act of congress of July 2nd, 186?. (90 v. 292 § 7.) Section 7948. The board of trustees may adopt by- laws, rules and regulations for the government of the uni- versity. (67 v. 21 § 5.) Section 7940. The board of trustees shall elect, and fix the compensation of and remove, the president and such number of professors, teachers and other employes as may be deemed necessary ; but no trustee, or his relation by blood or marriage, shall be eligible to a professorship or position in the university, the compensation for which is payable out of the state treasury or a university fund. The board shall fix and regulate the course of instruction and prescribe the extent and character of experiments to be made at the university. (67 v. 21 § 5; 75 v. 126 § 2 ; 99 v. 602 § 9.) Section 7950. The board of trustees shall have gen- eral supervision of all lands, buildings, and other property belonging to the university, and the control of all expenses therefor, but shall not contract a debt not previously authorized by the general assembly of the state. (6j v. 2T § 8.) Board may make rules and regula- tions. Election of president, pro- fessors, etc., and course of instruction. Property, ex- penses, etc. Section 7951. The board of trustees may receive, and hold in trust, for the use and benefit of the university, any grant or devise of land, and donation or bequest of money or other personal property, to be aonlied to the gen- eral or special use of the university. All donations or be- quests of money shall be paid to the state treasurer, and invested in like manner as the endowment fund of the university, unless otherwise directed in the donation or be- quest. (67 v. 22 § 11.) Section 79S2. The title for all lands for the use of the university shall be made in fee simple to the state of Ohio, with covenants of seizin and warranty, and no title shall be taken to the state for the purposes aforesaid until the attorney-general is satisfied that it is free from all de- fects and incumbrances. (67 v. 22 § 13.) Section 70^- The attorney-general of the state shall be the legal adviser of such board of trustees. He shall institute and prosecute all suits in their behalf and receive like compensation therefor as he is entitled to by law for Board may re- ceive devises of land, etc. Title of lands to be vested in the state, etc. Attorney-gen- eral to be legal adviser of the board. I72 COLLEGES AND UNIVERSITIES. suits brought in behalf of the asylums of the state. (67 v. 22 § 15.) who admitted Section 7954- The university shall be open to all f e s ct ures ls; persons over fourteen years of age, subject to such rules, regulations and limitations, as to numbers from the several counties of the state, as is prescribed by the board of trus- tees. But each county shall be entitled to its just proportion, according to its population. The board may provide for courses of lectures, either at the seat of the university or elsewhere in the state, which shall be free to all. (67 v. 20 § 7O Branches prescribed. Duties of Section 7055. The board of trustees, in connection with the faculty of the university shall provide for the teaching of such branches of learning as are related to agriculture and the mechanic arts, mines and mine engi- neering, and military tactics, and such other scientific and classic studies as the resources of the fund will permit. (77 v. 227 § 10.) Section 7956. The board of trustees shall collect, or board as to cause to be collected, specimens of the various cereals, cereals etc fruits, and other vegetable products, and have experiments made in their reproduction upon the lands of the university, and make report thereof from year to year, together with such other facts as tend to advance the interests of agri- culture. (75 v. 126 § 4.) Collections of Section 7957- The board of trustees shall secure and geoiogy nS et° f keep in the university a collection of specimens in min- eralogy, geology, zoology, botany, and other specimens per- taining to natural history and the sciences. The president of the university shall collect and deposit therein in the manner directed by the trustees, a full and complete set of specimens as collected by him and his assistants, together with a brief description of the character thereof, and where obtained. Such specimens shall be properly classified and kept for the benefit of the university. ( y~ ? v 126 § 5. | Department of Section 7958. The board of trustees of the univer- ceramics. sity shall establish therein a department of ceramics, equip- ped and designed for the technical education of clay, cement and glassworkers, in all branches of the art which exist in this state, or which profitably can be introduced and main- tained herein from the mineral resources thereof, includ- ing the manufacture of earthenwares, stonewares, yellow- wares, whitewares, china, "porcelain and ornamental pot- ter)-, the manufacture of sewer-pipe, fire-proofing, terra- cotta, sanitary clayw^ares, electric conduits and specialties. fire-bricks and all refractory materials, glazed and enameled bricks, pressed bricks, vitrified paving material as well as the most economic methods in the production of the coarser forms of bricks used for building purposes: and the manu- facture of tiles used for paving, flooring, decorative wall- Sp chl in- line rein. Laboratory. COLLEGES AND UNIVERSITIES. paneling, roofing and draining purposes; also the manufac- ture of cement, concrete, artificial stone and all kinds of glass products and all other clay industries represented in this state. (91 v. 164 § 1.) Section 7959. Such department shall offer special instruction to clay-workers on the origin, composition, properties and testing of clays, the selection of materials for different purposes, the mechanical and chemical prepa- ration of clays, the laws of burning clays, the theory and practice of the formation of clay bodies, slips and glazes, and the laws which control the formation and fusion of silicates, (gi y. 164 § 2.) Section 7960. Such department shall be provided with an efficient laboratory designed especially for the prac- tical instruction of clay-workers in the list of subjects enumerated in section seventy-nine hundred and fifty-eight, and also be equipped to investigate into the various troubles and defects incident to every form of clay working, which can not be understood or avoided except bv use of such scientific investigation. Such laboratory shall be equipped with apparatus for chemical analysis, with furnaces and kilns for pyrometric and practical trials, with such machin- ery for the grinding, washing and preparation of clays for manufacture, as is consistent with the character of the de- partment. (91 v. 164 § 3.) Section 7961. To conduct this department of cera- mics, the board of trustees shall employ a competent ex- pert, who shall unite with the necessarv education and scientific acquirements, a thorough practical- knowledge of clay-working, and not less than two years' actual experi- ence in some branch of the art. He shall teach the theo- retical part of the subject, conduct the laboratory for the instruction of students, prosecute such scientific investiga- tions into the technology of the various clay industries as may be practicable, and from time to time publish the re- sults of his investigations in such form that they will be accessible to the clay-workers of the state for the" advance- ment of the art. ('91 y. 164 § 4.) _ Section 7962. The board of trustees, of the univer- Establishment sity are required to establish therein, a school of mines and ( mine engineering, in which shall be provided the means for scientifically and experimentally studying the survey, open- ing, ventilation, care and working of mines. Such school shall be provided with a collection of drawings, illustrating the manner of opening, working, and ventilating mines; with the necessary instruments for surveying, measuring air, examining and testing the noxious and 'poisonous gases of mines, and with models of the most improved machinery for ventilating and operating all the various kinds of mines with safetv to the lives and health of those engaged therein. Such school also shall be provided with complete mining 173 Expert. of mines. 174 COLLEGES AND UNIVERSITIES. Employment and duties of instructors. Written analy- sis of fertil- izers. Stale sealer and standards of weights and measures. Copies of standards for use of counties. laboratories for the analysis of coals, ores, fire-clays and other minerals, and with all the necessary apparatus for testing the various coals, ores, fire-clays, oils, gases, and other minerals. (85 v. 155 § 1.) Section 7963. The board of trustees shall employ competent persons to give instruction in the most improved and successful methods of opening, operating, surveying and inspecting mines, including the methods and machinery employed for extracting coal, ore, fire-clay, oil, gas and other minerals from the pit's mouth and for facilitating the ascent and descent of workmen, the draining and free- ing of mines from water, the causes of the vitiation of air, the quantities of fresh air required under the various cir- cumstances, natural ventilation, mechanical ventilation by flues and fans, and other ventilating machinery, the use of air-engines, air compressors and coal cutting machinery ; also instruction in the various uses of coals, ores, fire-clays, oils, gases and other minerals, and the methods of testing, analvzing and assaying such minerals ; and the methods employed in metallurgical and other processes in the re- duction of ores and in determining the qualities of metals, particularly iron and steel, as shown by practical and labor- atory tests. There also shall be kept in a cabinet properly arranged for ready reference and examination, suitably con- nected with such school of mines, samples of the specimens from the various mines in the state, which may be sent for analysis, together with the names of the mines and their localities in the counties from which they were sent, with the analysis and a statement of their properties attached. Such person shall also furnish an analysis of all minerals found in the state and sent to him for that purpose by resi- dents thereof. (85 v. 155 § 2.) Section 7964. The professor occupying the chair in the chemical and mechanical department of the university, upon application, shall make and give a written analvsis of artificial fertilizers furnished to him for that purpose. (75 v. 91 § 2.) Sectiox 7965. The professor of physics of the uni- versity shall be ex-officio state sealer.* The standards of weights and measures adopted by the state shall be de- posited in a suitable room at the university, and be by him kept in suitable cases, to be opened only for the purpose of comparing with such standards the copies which by law are furnished for the use of the several counties, unless by a joint resolution of the general assembly, or upon a call of either house for information, or by order of the gov- ernor for scientific purposes. (R. S. Sec. 142.) Section 7966. Copies of the original standards of the following materials, shall be procured by the state sealer for the use of each conntv in this state, not alreadv fur- * Under an act passed May 10, 1910, the state dairy and food commis- sioner is made state sealer. Device on COLLEGES AND UNIVERSITIES. nished, in pursuance of law, and be delivered by him to the au litor thereof. One-half bushel measure, of one-eighth inch copper, with brass rim; one galbn measure, of one- sixteenth inch copper, with brass rim and handle; one-half gallon, one quart, one pint, and one-half pint measure, to be made in the same manner and of the same material; fifty, twenty-five, twenty, ten, five, four, three, two and one pound weights, avoirdupois, to be made of castiron, turned, polished, and trimmed; and one-half pound, one quarter pound, two ounce, one ounce, half ounce, and quarter ounce weights, troy, to be made of br&ss ; one brass yard measure, graduated into feet, inches and tenths. (R. S. Sec. 143.) Section 7967. The state sealer shall cause to be im- , pressed on each of the copies, so to be delivered to the coun [- v counties, the letter a O," and such other device for each standards ' county as he directs before its deposit in the county audi- tor's office. Such device shall be recorded in the state sealer's office, and a copy thereof furnished to the auditor of the proper county. (R. S. Sec. 144.) m Section 7968. The state sealer shall furnish like copies of the original standards to the sealer of any city or village upon application therefor, and payment of the cost thereof, by such city or village. (R. S. Sec. 145.) Section 7969. The state sealer shall render accounts to the auditor of state of all moneys by him paid or liabili- ties incurred in procuring and delivering copies of the standards to the counties; and the auditor shall audit such accounts and draw his warrants on the state treasurer for the amounts he finds due, which must be paid by the treas- urer out of any moneys to the credit of the general revenue fund. (R. S. Sec. 146.) Section 7070. The state sealer of weights and meas- ures shall have charge of all the apparatus and property, belonging to the state, intended for the inspection of illu- minating gas and gas meters, and the testing of the registra- tion of meter-provers; he shall test the registration of all meter-provers that may be presented to him for that pur- pose, and stamp and seal all such meter-provers, so tested, that are found correct. For testing the registration of gas meter-provers. to be paid by the persons requiring such service, he shall be allowed the sum of five dollars for each meter-prover tested. (R. S. Sec. 147.) „ Section 7971. All funds derived from the sale of Funds from land scrip issued to this state by the United States, in pur- sal <: of lan ^ suance of any act of congress^ together with the interest accumulated thereon, shall constitute a part of the irre- ducible debt of the state, the interest upon which, as pro- vided by law shall be paid to the university by the auditor of state, upon the requisition of the commissioners of the sinking fund, issued on the certificate of the secretarv of the board of trustees, that it has been appropriate 1 by such 75 Like copies to be fur- nished to cities and villages. Exp nses. [nspection of ga s and meters. i/6 COLLEGES AND UNIVERSITIES. ment of interest of "scrip fund." schools. iction ail. trustees to the endowment, support, and maintenance of the university, as provided in such act of congress. (75 v 126 § 8.) Section 7972. On the first days of January and July in each year, the auditor of state shall invest the interest arising from the "agricultural college scrip fund" in the same manner in which the principal thereof is invested. < 67 v. 16 § 2.) Section 7973. The College of Agriculture and Do- mestic Science of the university shall arrange for the ex- tension of its teachings throughout the state, and hold schools in which instructions shall be given in soil fertility, stock raising, crop production, dairying, horticulture, domestic science and kindred subjects. No such school shall exceed one week in length, and not more than one be held in any county during a year. (100 v. 11 § I.) Section 7974. In addition to the holding of such schools, such college shall give instruction and demonstra- tions in various lines of agriculture, at agricultural fairs, institutes, granges, clubs, or in connection with any other organizations, that, in its judgment, may be useful in ex- tending agricultural. knowledge. The work in agricultural extension may also include instruction by mail and the publication of bulletins designed to carry the benefits of its teachings to communities remote from the college. (100 v. 11 §2.) WILBERFORCE UNIVERSITY. Xormal and industrial department. Board of trustees. -.ng of -, ' ' y univei Section 7975. A combined normal and industrial department shall be established and maintained at Wilber- force university, in Greene county, Ohio. (84 v. 127 § 1.) Section 7976. The government of such department shall be vested in a board of nine trustees to be known as "the board of trustees of the combined normal and indus- trial department of Wilberforce university." Five mem- bers of such board shall be appointed by the governor, by and with the consent of the senate, and three members thereof shall be chosen by the board of trustees of the uni- versity. The president of the university shall be ex-ofncio a member of the board. The governor shall appoint one member of such board each, year, who shall serve five years, and whose term shall* begin upon the first day of July in such year. Such appointment shall be made during the session of the senate next preceding the beginning of such term. (92 v 275 § 2.) Section 7077. One member of the board shall be chosen by the board of trustees of the university at a regu- lar meeting in each year, and shall hold office for the term' of three years from the thirtieth dav of Tune in such year. (80 v. 368 § 3.) COLLEGES AND UNIVERSITIES. 177 Section 7978. In case a vacancy in that portion of Vacancies, the board appointed by the governor or chosen by the uni- versity board occurs from death, resignation, or other cause, the appointment or selection to fill such vacancy shall be made in the one case by the governor, and in the other by the executive board of the university for the unexpired term. (84 v. 127 § 4.) Section 7979. Forthwith upon a choice by the uni- Names of versity board of a trustee, the secretary of the university trUfit ? ei * t0 be 1 11 " >• c , ,1 1 1 • • , certified to shall certify to the governor, under the university seal; the governor. name of the persons so chosen as trustees, and shall also in a like manner certify the name of the person chosen by the executive board at any time to fill a vacancy. (84 v. 127 § 50 Section 7980. The board of trustees so created shall Meetings of meet in regular session at the university twice a year. The e^SnSs the " first meeting shall be on the third Thursday in June, and the second on the first Thursday in November of each year. Other meetings may be held at such places and times as a majority of the board determines. The trustees shall re- ceive no compensation, but shall be reimbursed their travel- ing and- other reasonable and necessary expenses out of ap- propriations under this sub-division of this chapter. (89 v. 368 § 6.) Section 7981. The board of trustees shall take, keep and maintain exclusive authority, directions, supervision and control over the operations and conduct of such normal and industrial department, so as to assure for it the best attainable results with the aid secured to it from the state. The board shall determine the branches of industry to be pursued, purchase through a suitable and disinterested agent, the necessary means and appliances, select a superin- tendent for the industrial branch of the department, fix his salary and prescribe his duties and authority. The ex- penditures of all moneys appropriated for carrying out the purposes and provisions of this subdivision of this chapter, shall be made only under such regulations and for such specific purposes not therein provided for, as the board of trustees of such department establish. Xo money appro- priated by the state shall be vised for any purpose not in direct furtherance and promotion of the objects of the de- partment. (84 v. 127 § 7.) Section 7982. .No sectarian influence, direction or interference in the management or conduct of the afifairs or education of such department shall be permitted by its board; but its benefits shall be open to all applicants of good moral character and within the limitations of age determined by the board. (84 v. 127 § 8.) Section 7983. The treasurer of such department Bond of shall give to the state a bond to be approved by the attor- treasurer - 12 s. r,. Powei • - of Non si 1 charad department. yg COLLEGES AND UNIVERSITIES. ney-general in the sum of twenty-thousand dollars con- ditioned that he shall faithfully discharge his duties and account for any money coming into his hands from the state. (92 v. 275 § 9.) Annual report, Section 7984. Annually, on or before the first day of and estimate December the board of trustees shall cause their report to tions. be made to the governor of the condition, progress and re- sults of such department, with an estimate of what appro- priation shall be required to secure the objects of this sub- division of this chapter. (84 v. 127 § 10.) Designation of Section 7985. Each senator and representative of the pupils by general assembly of the state may designate one or more gTn^raPas youth resident of his district who shall be entitled to attend sembiy. SUQ ^ norma i an( | industrial department free of tuition. (92 v. 275 § 11.) Appropria- Section 7986. For the purpose of carrying out the tion S of aP rev- ca " provisions of this subdivision of this chapter, there shall enues. be levied annually a tax on the grand list of taxable prop- erty of the state, which shall be collected in a like manner as other state taxes, and the proceeds of which will con- stitute, "the fund of the combined normal and industrial department at Wilberforce university." The rate of such levy shall be designated by the general assembly at least once in two years. If it fails to designate the rate for any year, for the fund of the "combined normal and industrial department of Wilberforce university" such levy shall be one hundredth of one mill upon each dollar valuation of such taxable property. This shall be paid to the treasurer of the normal and industrial department at Wilberforce university in accordance with the provisions hereof. All revenue arising from tuitions, sales of products or other- wise under the aforesaid department shall be applied by its board of trustees to defray its expenses, or to increase its efficiency, a strict account of which shall be kept by the department board, and accompany the report to the gov- ernor. (94 v. 598 § 12.) CHAPTER 12. SCHOOLS SPECIALLY ENDOWED. Section 7987. Trustees for schools specially endowed. 7988. Organization of board; oath and bond. 7989. Filing vacancies; removal. 7990. Powers and duties of trustees. 7991. Contracts with board of education of district in which school is located. Sec 7992. 7993. 7994. ION Termination of contract if school be- comes sectarian. Accounts to be rendered. Visitors. Trustees for schools spe- cially endowed. Section 7987. When any person, by deed, devise, gift or otherwise, sets apart any lands, moneys, or effects, as an endowment of a school or academy, not previously established, but does not provide for the management thereof, the common pleas court of the proper county shall appoint five trustees, who shall have the control and man- agement of the property, moneys, and effects, so set apart, and of the school or academy thus endowed. They shall hold their offices for five years, and until their successors are elected and qualified. But in making the first appoint- ment the court shall appoint one trustee for one year, one for two years, one for three years, one for four years, and one for five years. The trustees shall be a body corporate, with perpetual succession, and by such name as may be ordered by the court making the first appointment. (53 v. 33 § 1.) Section 7988. Immediately after their appointment organization the trustees shall organize by appointing a president, sec- £ath°and retary and treasurer, from their own number, and severally bond, take and subscribe an oath to faithfully discharge the duties of trustees, and deposit it with the county auditor. Before taking possession of the property, moneys, or effects, con- stituting the endowment or trust, they severally shall give bond, in such sum as the court requires, with two or more sufficient sureties, to be approved by a judge thereof, whose approval must be indorsed on the bonds, conditioned for the faithful management of the property, moneys, and ef- fects, entrusted to them and accountability therefor in such form as the court or judge may require. From time to time the court may require additional bonds and surety, as appears necessary for the preservation of the trust estate. The bonds required shall be payable to the state, and de- posited in the office of the county auditor for safe keeping. (53 v. 33 § 4-) Section 7089. Such court annually shall appoint one ruling va- trustee, to fill the vacancy then occurring; and at any other jj?viii 8: re ' time fill vacancies that occur from any cause, for the un- expired term. Upon sufficient cause shown, reasonable notice of the time and place of hearing having been given to the party interested, such court may remove a trustee, 179 8o SCHOOLS SPECIALLY ENDOWED. Powers a duties of .trustees. ■Contracts I loard of education of district in which school is located. Termination of contract school be- comes sec- tarian. Accounts to and, until a hearing be had, suspend him in the exercise of his office. (53 v. 33 § 2.) Section 7990. From time to time, trustees may es- tablish rules and regulations for the management and safe- keeping of the property, moneys, and effects, belonging to the trust, and the expenditure of the income thereof, and also for the management and government of the school or academy ; which must be consistent with the terms of the deed, devise or gift, creating the endowment, and with the laws' of this state. They shall not, at any time, or for any cause, incur any debt or liability, beyond the net in- come of the trust property, moneys, and effects, or use or appropriate it otherwise than to invest for the purposes of income, any part of the principal thereof, unless expressly authorized 'so to do by the terms of the deed, devise or o-ift creatine the endowment of trust. (98 v. 206 § 3.) Section 7991. The trustees of any school- heretofore established under the provisions hereof, and in no way con- nected with any religious or other sect, and the board of education of the district in which such school is situated, may make contracts whereby such trustees receive into the school pupils from such district, who shall receive such instruction as is, or may be, provided by law for public schools in this state. In consideration of such, service by such trustees, such board, under the general restrictions of the law relating to common schools, in so far as they are applicable are not inconsistent herewith, may contribute to maintenance of such school, and pay such part of the costs of the erection of additional buildings, and upon such conditions, not inconsistent with the deed, devise or gift under which the school is established, as is agreed upon by such board and such trustees. (98 v. 206 § 3.) Section 7002. But after the making of such con- tract if such school becomes sectarian or in any way con- nected with any religious or other sect the contract there- upon shall terminate. When, for such cause, a contract terminates, no right, title, or interest in or to any budding toward the cost of which the board of education contributed shall pass to the trustees until full compensation has been made to the board for the contribution made by it to the construction of such building. (98 v. 206 § 3.) Section 7993. On the second Monday of September, in each year, and at such other times as the court requires, the trustees shall render a full and accurate account, state- ment, and exhibit, of the condition of the school or academy under their management, and the condition of the trust estate and funds ; and cause it to be published in such form as the court directs. Such account, statement, and exhibit. shall be sworn to by the president, secretary, and treasurer, or two of them. ( 5^ v. 34 § 5.) SCHOOLS SPECIALLY ENDOWED. l8l i. The common pleas court of the proper visitors. county, annually, at the first session after the second Mon- day in September, shall appoint three competent and dis- interested persons, who may visit any such school or academy, examine it togethe:- with the condition of the trust estate or endowment, and shall report thereon to such court. The court shall also authorize such other visitations and examinations as appear to be necessary. (53 v. 34 § 6.) 1 - TITLE IX. PRIVATE CORPORATIONS DIVISION VI. C RPORATIONS NOT FOR PROFIT CHAPTER 3. EDUCATIONAL. Section 9922. When officers may be appointed and de- grees conferred. Certificate to be filed with secretary of state. May hold donated property in trust. Who to constitute faculty; powers. May acquire machinery and land. May change stock into scholarships. Location may be changed. How endowment fund diverted. Vacancies caused by amendment of charter. May increase property. Borrowing money and issuing bonds. Statement to be filed. How certain boards may be constituted and governed. Trustees to be divided into classes. Term of office of trustees; vacancies. When board enlarged. When number in class reduced. How a conference may become a patron. Patronizing bodies may appoint visitors. When right of representation ceases. Action to be taken by board. Quorum; how constituted. Who may have benefit of subsequent provisions. Alumni may elect trustees and appoint visitors. Conduct of election. Returns and certificates of election. Endowment fund corporations. How certain boards constituted and governed. Increase in number of trustees in per- tain corporations. Colleges under ecclesiastical patronage. How existing corporations may avail themselves of the provisions. Copy of acceptance to be filed with sec- retary of state. Number of trustees and classes. Election; term; vacancies; increase of board. 9923. 9924. 9925. 9927 9931. 9932. 9933. 9935. 9938. 9939. 9940. 9941. 9942. 9943. 9944. 9945. 9946. 9947. 9948. 9950. 9951. 9954. 9955. Section 9956. Assessments. Meeting of stockholders; notice. How amount of assessment fixed. Limit of assessment and collection. Board of military academies. Board of visitors. Duties of board of visitors. How term of trustees fixed. Certain corporations may change loca- tion. Sale and distribution of property of cer- tain corporations. Certain colleges may file charter and amend. Copy of amendment to be filed with sec- retary of state. Fee of secretary of state. Colleges may change name or purpose. Procedure and effect. Fees of secretary of state. Organic rule may be prescribed in ar- ticles of certain corporations. May add to original objects. Acceptance of statutory provisions. Accounts of receipts and disbursements. Trustees ineligible to other office. Attorney-general may enforce duties of officers. May increase number of trustees of cer- _ tain corporations. Distribution of new members. Stock corporations may retire stock. Cancellation by decree of court. Mechanics' institute may borrow money. Liability of directors and trustees. How medical colleges may receive bodies for dissection. Body to be delievered to claimant. Interment of body after dissection. Notification of relatives. Body of strangers or travelers. Liability for having unlawful possession of body. 9957. 995S. 9959. 9960. 9961. 9962. 9963. 9964. 9965. 9986. 9967. 9970. 9971. 9972. 9973. 9974. 9975. 9976. 9977. 9978. 9979. 9980. 9981. 9982. 9983. 9984. 99S9. When officers may be ap- pointed and. degrees con- ferred. Section 9922. When a college, university, or other institution of learning incorporated for the purpose of promoting education, religion, morality, or the fine arts, has acquired real or personal property, of twenty-five thou- sand dollars in value, has filed in the office of the secretary of state a schedule of the kind and value of such property, verified by the oaths of its trustees, such trustees may ap- point a president, professors, tutors, and any other neces- sary agents and officers, fix the compensation of each, and enact such by-laws consistent with the laws of this state and the United States, for the government of the institu- tion, and for conducting the affairs of the corporation, as they deem necessary. On the recommendation of the 182 EDUCATIONAL. '83 May hold do- nated property in trust. faculty, the trustees also may confer all the degrees and honors conferred by colleges and universities of the United States, and such others having reference to the course of study, and the accomplishments of the student, as they deem proper. (R. S. Sec. 3726.) Section 9923. But no college or university shall con- Certificate to fer any degree until the president or board of trustees secretary W of thereof has hied with the secretary of state a certificate state - issued by the state commissioner of common schools that the course of study in such institution has been filed in his office, and that the equipment as to faculty and other facili- ties for carrying out such course are proportioned to its property and the number of students in actual attendance so as to warrant the issuing of degrees by the trustees thereof. (R. S. Sec. 3726.) Section 9924. A universtiy, college, or academy, or the trustees thereof, may hold in trust any property devised, bequeathed or donated to such institution, upon any spe- cific trust consistent with the objects of the corporation. (R. S. Sec. 3727.) Where a subscription is made in writing and accepted, and liabilities are incurred on the faith of it, its collection cannot be defeated on the ground of the supposed want of a valuable or legal consideration. 16 O. S., 20. Section 9925. The president and professors shall constitute the faculty of any incorporated literary college or university, may enforce the rules and regulations en- acted by its trustees for the government and discipline of the students, and suspend and expel offenders, as they deem necessary. (R. S. Sec. 3728.) Section 9926. Any incorporated university, college, or academy may connect therewith, to be used as a part of its course of education, mechanical shops and machinery, or lands for agricultural purposes not exceeding three hundred acres, to which may be attached all necessary buildings for carrying on the mechanical or agricultural operations of such institution. (R. S. Sec. 3729.) Section 9927. Any company formed in pursuance of this title or which is held as stock, and not derived by dona- tion, gift, devise, or gratuitous subscription, may change its capital stock into scholarships when it becomes necessary for the purpose of carrying out the object for which it was formed, in the mode provided in this title for increasing the capital stock of corporations. (R. S. Sec. 3730.) Section 9928. A college, university or other institu- tion of learning, existing by virtue of an act of incorpor- ation, or that hereafter becomes incorporated for any of the purposes specified in this chapter, if three-fourths of the trustees or directors thereof deem it proper, or if the institution is owned in shares, or by stock subscribed or taken, by a vote of the holders of three-fourths of the stock or shares, may change the location of such institution, con- Who to con- stitute faculty powers. May acquire machinery and land. May change stock into scholarships. Location may be changed. i«4 EDUCATIOXAI. How endow- ment fund diverted. vev its real estate, and transfer the effects thereof, and in- vest them at the place to which such institution is removed. No such removal shall be ordered, and no vote taken thereon, until after publication in the manner provided by law in case of a sale and distribution of the property of such an institution, in which notice shall be fully set forth the place to which it is proposed to remove the institution. In case of removal, a copy of the proceedings of such meet- ing shall be filed with the secretary of state. (R. S. Sec. 373I-) Section 9929. The trustees of a corporation incor- porated to create, hold and manage a college endowment fund, the articles of incorporation of which provide that the fund may be applied to any object not inconsistent with the purposes of education different from that particularly specified therein, may apply to the common pleas court in the county where the corporation is located for permission to make such change, designating particularly the purposes to which it is proposed to apply the fund. On being satis- fied that such change is not inconsistent with the object of the original creation and institution of the fund, the court. shall authorize and sanction it. (R. S. Sec. 3732.) Vacancies caused by amen dm nt of charter. May ini property Borrowing money and is- suing bonds. Section 9930. When a vacancy occurs in whole or part, in the board of trustees of an incorporated college, seminary, or academy, by reason of an amendment of the charter thereof, or from other cause, and there is no pro- vision of law for filling it. within three months after re- ceiving information thereof, the governor shall appoint the required number of trustees, one-third thereof to serve for one year, one-third for two years, and one-third for three years. (R. S. Sec. 3733.') Section 993T. A college, university, academy, semin- ary, or other institution devoted to the promotion of educa- tion, existing by virtue of a special act of incorporation, or organized under the provisions of any law, whose property came and is held by donation, gift, purchase, devise, or gratuitous subscription, and the amount of which, or the income arising therefrom is limited by such special act, or the articles of association adopted by such institution, may receive, acquire, p< ssess and hold any amount of property, real, personal or mixed, which its board of directors or trustees, for the institution accepts, and by its .trustees, sell, dispose of and convey it. Rut such property shall not be diverted from the express will of the donor, devisor or sub- scriber. (R. S. Sec. 3734.} Section 9932. The board of trustees of such a col- lege, university, academy, seminary, or other institution devoted to the promotion of education, in anticipation of donations to be received and collections to be made, for the purpose of constructing, enlarging or adding to college buildings or improvements, may borrow such sum of money EDUCATIONAL. I S3 as they determine to be necessary therefor, and issue bonds foi) it and secure them by a mortgage upon the property on which such improvement is to be made, if the property is not held by them under some specific trust. (R. S. Sec. 3734-) Section 9933. Before such an institution shall be authorized to acquire and hold additional property, the trus- tees thereof, at a regular meeting of their board, or at a special meeting called for that purpose, from time to time shall make and sign a statement specifying the amount o + " additional property which they seek to acquire and hold and set forth therein the purposes to which it is to be de- voted, which statements shall be entered at large upon th record book of the trustees and be filed in the office of the secretary of state. (R. S. Sec. 3735.) Section 9934. The board of trustees of a university How a or college heretofore incorporated, and now under the pat- boar 4 s » la > h ° r c r . , , . } constituted ronage ot tour or more conferences or other religion- and bodies of any religious denomination, may accept the pro- visions of this and the nine succeeding sections, by resolu- tion adopted at a regular meeting of the board, and entere ] upon the record of its proceedings. After such acceptance the board in all respects shall be organized, constituted, regulated, and perpetuated, under and pursuant to such provisions. No right acquired by such board, university < r college, under its charter, or any law of this state, shall i 1 any way be affected thereby. (R. S. Sec. 3736.) Section 9935. At a meeting of such board held after Trustees tc a vacancy occurs therein it shall fill it, or if more than one be divided 1 vacancy has occurred, then one of them, by appointing the president of the university or college a trustee, and the president of such university or college, shall, ex-officio, be a trustee perpetually thereafter. At such meeting the board also shall divide its number, excluding such president, an 1 including all vacancies except the one he is so appointed to fill, into classes, corresponding in number to the number of conferences or other religious bodies at the time patron- izing such university or college, such classes to have in each an equal number of trustees, as near as may be and assign one of such classes to each of the conferences or other religious bodies, who thereafter may fill all vacancies in the class so assigned to it. (R. S. Sec. 3737.) into cl erm cies. Section 9936. When such classes of trustees are formed, the term of office of one of the trustees in each < class, to be selected by lot in open session of the board of trustees, shall expire each year, and the persons thereafter elected as trustees shall act as such for a term of years equal in number to the number of trustees in any class, ex- cept as hereinafter provided. The term of office of a trus- tee shall not expire during a meeting of the board which does not continue for more than two weeks ; and vacancies 1 86 EDUCATIONAL. which occur in any class of trustees otherwise than by the expiration of term of office shall be filled only for the re- mainder of the term. (R. S. Sec. 3738.) When board enlarged. When num- ber in class reduced. How a con- ference may become a patron. Patronizing bodies may appoint visitors. Section 9937. If the number of the conferences or other religious bodies patronizing such university or college, the board of trustees of which has been divided into classes as hereinbefore provided, be increased to not exceed- ing six, the board of trustees shall be enlarged to the ex- tent of one additional class of trustees for each of such additional conferences or other religious bodies, such ad- ditional classes to have in each a number of trustees equal to the number in any one of the former classes. Each of such additional conferences or other religious bodies may elect as members of the board, the number in its class, one for one year, one for two years and one for three years, and so on to the extent of the number; and each also fill any vacancy in its class. Such board of trustees, composed according to the foregoing provisions, and as provided in section ninety-nine hundred and forty-five, without regard to the number of members so composing it, may increase its own numbers by the election of trustees at large, not ex- ceeding the number of conferences or other religious bodies co-operating with or patronizing such university or college, and divide such trustees at large into classes, at its discretion. -(R. S. Sec. 3739.) Section 9938. If the number of such patronizing conferences or other religious bodies at any time exceeds six, the representation of each shall be reduced by lot, in open session of the board of trustees, to a class of three trustees, if they exceed that number, who thereafter shall be elected to serve as trustees for the term of six years, and in that case the term of office of one trustee in each class will expire every second year. (R. S. Sec. 3740.) Section 9939. A conference or other religious body, not patronizing a particular university or college, may be- come such patronizing conference or religious body, by and with the consent of the conferences or other religious bodies at the time patronizing such university or college. (R. S. Sec. 3741.) Section 9940. * Each conference or other religious body patronizing a particular university or college, annu- ally may appoint two visitors, and the board of trustees of a college or university, at the time of its organization, by resolution, adopted and entered on its records may pro- vide for the appointment of two visitors by each confer- ence or other religious body patronizing such college or university. Such visitors shall attend the meetings of the board of trustees of such university or college, and. with the trustees, constitute a joint board for the appointment and removal of all officers, professors, and instructors of the university or college. (R. S. Sec. 3742.) EDUCATIONAL. I87 tion such Section 9941. If a conference or other religious body patronizing a university or college, and having a representa- in its board of trustees, ceases to exist, or to patronize institution, the right of such conference or other re- ligious body to such representation shall cease, and its board •of trustees be thereby and to that extent reduced in num- bers. (R. S. Sec. 3743.) Section 9942. Before a conference or other religious body not represented in the board of trustees of a univer- sity or college shall be entitled to be represented therein and before a conference or other religious body represented therein shall he deprived of such representation as provided in thenext preceding section, the board shall declare and enter m the record of its proceedings, that the conditions and contingencies hereinbefore provided for in that behalf have taken place. (R. S. Sec. 3744.) Section 9943. Eleven trustees shall constitute a quorum of the board of any such universitv or college whatever the number of trustees if more than twenty is or may become: but when the number is twentv or less, a ma- jority thereof shall constitute a quorum. (R. S. Sec. 3745.) Section 9944. The board of trustees of a university or college which lias accepted or accepts the provisions of the ten preceding sections, may accent the provisions of the three succeeding sections by resolution adopted at a regular meeting thereof, and entered upon the record of its pro- ceedings. Thereafter the board, and the universitv or col- lege, shall be subject to the provisions of such sections (R. S. Sec. 3746.) Section 9945. After such acceptance bv the board of a university or college, the alumni thereof 'composing its alumni association, may elect as members of the' board of trustees of such college or universitv. members of such as- sociation, in numbers equaling the numbers of the confer- ences co-operating with or patronizing such university or college, and divide such alumna! trustees into classes, and perpetuate them. At the same time such alumni may elect as visitors members of their association equaling in num- bers one-half of the numbers of the conference's or other religious bodies co-operating with or patronizing such, uni- versity or college, who shall have the same powers and duties as visitors appointed by such conference or other religious body. When women are members of the alumnal association so electing, they shall be eligible as visitors. The board of trustees shall be judge of the validity of the •election and the returns thereof, of trustees and' visitors ■elected under this section. (R. S. Sec. 3747.) When right of representation ceases. Section 0046. The election of trustees by the alumni shall be by ballot, and held each ning the year after such acceptance, on the seen Action to taken by board. be and visitors year, begin- day Quorum; how- constituted. Who may have benefit of sub- sequent pro- visions Alumni may elect trustees and appoint visitors. Conduct of election. next before the day of commencement of ^uch universitv [88 EDUCATIONAL. or college, at such place in a building on its grounds as is designated by the president of the alumnal association by written notice posted the day before the election in at least two public places on such grounds. The polls shall be opened at the hour named in such notice, which shall not be later than three o'clock afternoon, and be kept open for two hours thereafter. The election shall be conducted by three judges and two clerks, who are members of the asso- ciation and chosen by the members present at the place of voting at the time for opening the polls. They shall cer- tify to the board of trustees the result of such election, with a list of the members voting thereat. Each ballet shall con- tain the names of the persons voted for, the office which each is to fill and a designation of the term for which be is to serve. At such election all members of the alumnal association of such university or college shall be entitled to vote. Members not in attendance may exercise their right by sending ballots conforming to the foregoing provisions, with their names thereon indorsed, and addressed under seal to the president of such association. (R. S. Sec. 3748.) Returns and Section 9947. After the polls are closed the result eiecHon!" ° f shall be ascertained and certified to by the judges and clerks, and the person or persons, not exceeding the num- ber to be elected, who received the highest number of votes therefor, shall be declared elected as trustee as designated on the ballot. The two persons who receive the highest number of votes for visitors shall be declared elected, but their terms of office shall not begin until after the final adjournment of the regular meeting of the trustees for that year. If any two or more persons receive an equal number of votes for trustee or visitor, one of them, as is determined by lot by the judges, in the presence of all the electors who wish to be present, shall be the trustee or visitor, and be so declared. Duplicate certificates of election shall be signed by the judges and clerks, and delivered by them, one to each of the persons elected, and the other, with the poll- books duly certified by the judges and clerks, to the secre- tary of the board of trustees of the university or college, the next day after the election, which certificate he shall enter of record in the book containing the proceedings of the board of trustees. (R. S. Sec. 3/49-) iwment Section 0948. The trustees of a corporation incor- 1 corpo- po rated for the purpose of creating a fund, the income ot which is to be applied to the promotion of education, may receive subscriptions for membership in the corporation, and they, or a majority of them, by giving ten days' notice, by publication in the county where the corporation is located, may call a 'meeting of members to adopt by-laws, and elect not more than nine directors. Each member shall have a vote for every amount by him subscribed equal to that in the articles of incorp< ration specified as necessary for membership, which may be cast in person or by proxy, EDUCATIONAL. [89 Increase in number of trustees in certain corpo- rations. but at no subsequent meeting can a member vote for or be eligible as a director who is in arrears to the corporation. The trustees shall control the funds and disburse the in- come of the corporation as provided by its by-laws. (R. S. Sec. 3750.) Section 9949. The board of trustees of a university, How certain college or other institution of learning, incorporated, and Jg"?ed C °and acting under the patronage of one annual conference or governed, other religious body of a religious denomination, may ac- cept the provisions of this and the succeeding section, by resolution adopted at a meeting of the board, and entered upon the record or journal of its proceedings. After such acceptance the board shall be organized, constituted, regu- lated, and perpetuated as therein provided. No right ac- quired by such board, university, or other institution of learning, under its charter, or any law of this state, shall be impaired or affected thereby. (R. S. Sec. 3751.) Section 9950. The board of trustees of a university or college heretofore incorporated, and now under the pat- ronage of one annual conference, synod or other religious body of a religions denomination, may increase the num- ber of its trustees, not exceeding six. Such additional trus- tees shall be nominated by the collegiate alumni of the uni- versity or college from the collegiate alumni of three years' standing, for appointment or election by such patronizing conference or synod, under such regulations as are pre- scribed by such board, if it determines to increase the num- ber of its trustees and makes such regulations for their nomination, by resolution adopted at a regular meeting of the board and duly entered on the record of its proceed- ings, and, such patronizing or governing conference or synod consents to the increase and the rules and regula- tions for their nomination. And after such board is so in- creased by not exceeding six additional trustees, in all re- spects it shall be organized, constituted, regulated and per- petuated pursuant to and under its charter, and such pro- visions. No rights acquired by such a board, university or college, under its charter or any law of this state, shall be affected or impaired thereby. (R. S. Sec. 3751a.) Section 9951. A corporation may be formed for the promotion of academic, collegiate or university education, under religious influences, may set forth in its articles or certificate of incorporation, as a part thereof, the name of the religious sect, association or denomination with which it is to be connected, and grant any ecclesiastical body of such religious sect, association or denomination, whether it be a conference, association, presbytery, synod, general as- sembly, convocation or otherwise, the right to appoint its trustees or directors, or any number thereof. It also may set forth 'in its articles or certificate such other rights as to the administration of the purpose for which it is organized, consistent with the laws of this state and of the United Colleges u ecclesiastic patronage. nder al 190 EDUCATIONAL. How existing corporations may avail themselves of the provisions. Copy of ac- ceptance to be filed with sec- retary of state. Number of trustees .and Election; term; vacancies; increase of b< iard. States, as the incorporation desires to confer upon the- ecclesiastical body of such sect, association or denomina- tion, and that body may exercise all rights and powers set forth therein. (R. S. Sec. 3751b.) Section 9952. A corporation formed for the promo- tion of academic, collegiate or university education, under religious influences, incorporated under the laws of this state, by special act or otherwise, may avail itself of the provisions of the preceding section, as a part of its articles or certificate of incorporation, and may confer on an ecclesiastical body of such religious sect, association or de- nomination, it is or proposes to-be connected with, whether it be a conference, association, presbytery, synod, general assembly, convocation or otherwise, any or all of the rights, powers or privileges by such section allowed to be con- ferred on corporations hereafter organized, and may accept the provisions by a vote of the majority of its trustees at any regular meeting. (R. S. Sec. 3751c.) Section 0053. When so accepted, a copy of the ac- ceptance, certified by the secretary or clerk of its board of trustees or directors, shall be sent to the ecclesiastical body with which it is or proposes to be connected. If such body agrees to accept the powers proposed to be conferred upon it, it shall certify its approval upon the certified copy so sent, and it thereupon shall be filed in the office of the sec- retary of state. When thus filed it will be a part of the- charter of such corporation, and such ecclesiastical body shall exercise all the rights and powers so set forth in the articles or certificate of corporation. (R. S. Sec. 3751c.) Section 9954. After such acceptance the board shall certify it to the patronizing conference or other religious body having the right to elect or appoint trustees of such university or other institution of learning, at the next meet- ing of such conference or other religious body ; and there- after the board shall consist of twenty-one trustees elected" or appointed, and the president of such university or other institution of learning, who shall be ex-officio a member thereof. Such elected or appointed trustees shall be divided' into three classes of seven members each. (R. S. Sec. 3752.) Section 9955. At the first election or appointment after such acceptance, one of such classes hall be elected or appointed for one year, one for two years and one for three years. No term of office of such trustee shall ex- of the classes of trustees shall be elected or appointed for three years. No term of office of such a trustee shall ex- pire during a meeting of the board which does not con- tinue more than two weeks. Ten members of the board' shall constitute a quorum. Vacancies which occur in any class of trustees otherwise than by expiration of the term of office shall be filled onlv for the remainder of the term. EDUCATIONAL. 193 Such a university or other institution of learning which heretofore accepted the provisions of sections ninety-nine hundred and forty-nine, ninety-nine hundred and fifty-four, and ninety-nine hundred and fifty-five, may increase its board of trustees by electing or appointing two additional members in each of the classes of trustees herein provided for. (R. S. Sec. 3752.) Section 9956. The proportion that each stockholder of a college, academy, university, seminary, or other insti- tution for the promotion of education, shall be required to pay to meet the debts and liabilities of the corporation, may be determined and collected in the manner provided by the three succeeding sections. (R. S. Sec. 3753.) Sfxtion 9957. The trustees of such a corporation desiring to. avail themselves of such provisions shall call a meeting of the stockholders for the purpose of determining what amount of its indebtedness shall be paid by each stockholder, and give thirty days' notice to the stockholders in writing or by publication in some newspaper of general circulation in the county where the corporation is located, of the time, place, and purpose of the meeting, at which also, the trustees shall submit a detailed statement showing the assets and indebtedness of the corporation. (R. S. Sec. 3754.) Section 9958. A majority in interest of the stock- holders present at such meeting may determine what amount of the indebtedness of the corporation is to be paid by each stockholder, and fix the time and mode for the payment of the money assessed against each stockholder. But these provisions shall not interfere with or abridge the right of a creditor of the corporation to institute any proceedings authorized by law to enforce the liability of stockholders. (R. S. Sec. 3755-) Section Q9SQ. The assessment shall be pro rata upon the stock subscribed or otherwise acquired by each stock- holder, and in no case shall exceed the amount for which each stockholder is or may be liable by law. A stockholder who fails to pay the amount so assessed against him. shall be liable in a civil action to be brought in the name of the corporation, for the recovery thereof, as in other cases of indebtedness. (R. S. Sec. 3756.) Section qq6o. The academic board of an institution incorporated for military and polytechnical education shall consist of the superintendent thereof, the commandant of cadets, and the professors. It may and regulations for the government shall he submitted to and approved state. (R. S. Sec. 3757.) Section oq6t. The board of visitors of such an stitution shall consist of the governor, who shall be make and enforce rules of cadets, but they first by the governor of the m- ex- Assessments. Meeting of stockholders; notice. How amount of assessment fixed. Limit if as- sessment and collection. Board of mil- itary acad- emies. Board of visitors. GDI CATIONAL. Duties of hoard of visitors rustees fix .1 officio a member and the president of the board, of two other persons to be named by him, and such other persons as the superintendent of the institution appoints. (R. S. Sec. 3758.) riON 9062. The board of visitors shall meet at the institution, on the first day of the annual commencement exercises, and examine into the condition of the classes, quarters, and commons, the discipline, drill, records of standing in study, and conduct of the cadets, and report thereon to the legislature at its next session. The board of visitors, or any member thereof, may visit and inspect the institution at any time. (R. S. Sec. 3/59-) Section 9963. At a regular meeting for the election of directors or trustees of a college or other institution of 'earning, the authorized voters may determine by vote, whether the election of directors or trustees shall be held annually, if the term of their election is for a longer period than one rear, and also what proportion of the entire board shall he so elected. At the first election hereunder the voters shall designate upon their ballots who shall serve for one year, who for two years, and who for three years. Vacancies caused by expiration of term of office shall be Idled by election annually thereafter. (R. S. Sec. 3760.) Section 0964. The trustees of colleges and other in- stitutions of learning not endowed by voluntary contribu- tions, established under special acts of incorporation, and h, by the provisions thereof are locted at particular places, may change their location to such other places as they deem proper and erect and maintain academies and other schools auxiliary thereto. (R. S. Sec. 3761.) Section 9965. The trustees of a university, college, or other institution of learning, incorporated by authority of this state under special charter, owned in shares or stock subscribed or taken, may dispose of its property at public on such terms as to payment as the stockholders by a vote of three-fourths of the shares or stock of the institu- tion, direct, after giving public notice thereof, by pnblica- l, for six consecutive weeks in some newspaper pub- lished in the county where the institution is located. Such notice shall contain a full statement of the terms, time and place of sale, and such action of the trustees may close up the corporate existence of and make an equitable division and distribution of the pro- ceeds of the saic among all the holders of shares or stock, after the payment of its just debts. (R. S. Sec. 3762.) Certain col . Section 9966. The trustees of any university, col- may file ] e g e or institution of learning, incorporated under author- amend! itv of this state, owned in shares of stock subscribed and paid up in full, by a majority of the owners of such stock, for the sole purpose of promoting education, religion and Certain cor- porations may loca- ind dis- tribution of property of certain cor- porations. The trustees such institution. EDUCATIONAL. 193 morality, or the fine arts, exclusively among males or females, on the written portion of the owners of a major- ity of such stock filed before its trustees or on the vote of the owners of the majority of such shares of paid up stock at any general meeting of the stockholders called for such purpose, after thirty days' notice published in some news- paper published and of general circulation in the county, by them, may change the name and enlarge the purposes and objects of such university, college or institution, by amendemnts to its charter, approved by the owners of the majority of such stock, so that all the educational rights and privileges thereof may he bestowed in the co-equal and co-ordinate education of both sexes. (R. S. Sec. 3762a.) Section 9967. When such amendment is adopted and the original articles of incorporation of such corporation have not been filed and recorded in the office of the secre- tary of state, a copy of the amendment and of the original articles, with a certificate to each of them thereto affixed, signed by the president and secretary of the corporation, and sealed with the corporate seal, if any there be, stating the fact and date of the adoption of such amen Iment, and that such copy thereof and of the original articles of in- corporation are true copies of the originals shall be re- corded in such office. When so recorded, such amendment shall be in law the sole articles of incorporation of the cor- poration. The property, real and personal, corporate fran- chises, and endowment funds, gifts, bequests, legacies, or mortgage securities, promissory notes, and rights of every kind belonging to. vested in, claimed, or possessed by the original corporation, by such amendment shall pass to, and be enjoyed and exercised by the corporation named, created and organized by such amendment for the promotion of all the objects and purposes of its creation and organization. (R. S.'Sec. 3762a.) Section 9968. For recording such amendments and copies of original articles of incorporation, and furnishing a certified copy or copies thereof, the secretary of state shall receive a fee of twenty cents per hundred words, to be in no case less than five dollars. (R. S. Sec. 3762a.) Section 9969. The board of trustees of a university, college, or institution of learning, incorporated under au- thority of this state, for the sole purpose of promoting education, religion and morality, or the fine arts, at a regu- lar or special meeting of such board of trustees, called for that purpose, after thirty days' actual notice to each and all such trustees, may change the name and enlarge the pur- poses and objects of such university, college or institution of learning, by amendment to its charter, approved by a majority of the board at such regular or special meeting, so called and so notified, for such change of its name, and the enlargement of its purposes and objects. (R. S. Sec. 3762b.) 18 s. 1,. Copy of amendment to be filed with secretary of state. Fee of secre- tary of state. Colleges may change name or purpose. 194 Procedure and ED L" CATION AL. Section 9970. When such amendment is so adopted effect. b the boarc i f trustees of such university, college or in- stitution of learning, a copy thereof with a certificate thereto affixed, signed by the president and secretary of such board and sealed with the corporate seal, if any there be, stating the fact and date of such amendment, and that such copy is a true copy of the original amendment, shall be tiled and recorded in the office of the secretary of state, and when so filed and recorded such amendment shall be in law an integral part of the articles of incorporation of such corporation. The "property, real and personal, cor- porate powers and franchises, endowment funds, gifts, be- quests, legacies, mortgage securities and promissory notes, belonging to, such original corporation, by such amendment shall pass to, and be enjoyed. and exercised by the corpor- ation created and organized by such amendment for the promotion of the objects of its creation and organization. Such new- corporation shall be liable for and must perform all the lawful obligations and contracts of the original cor- poration. (R. S. Sec. 3762b.) Section 9971. For recording such amendment and furnishing a certified copy or copies thereof, the secreary or state shall recive a fee of twenty cents per hundred words, to be in no case less than five dollars. (R. S. 3762b.) Section 907?. An association incorporated for the R Te ^e 6 - 5 purpose of receiving gifts, devises or trust funds to erect, Fees of secre tarv gTF state. mav oe pre- pui^v.^v ^^ - ~ — o , d in ar- esta blish, or maintain an academy in any department ot tides of cer- tain corpo- ra1 ions. fine arts, a gallery for the exhibition of paintings, or sculp- ture or works of art. a museum of natural or other curi- osities, or specimens of art or nature promotive of knowl- edge, or a law or other library, or courses of lectures upon science, art, philosophy, natural history, or law, and to open it to the public on reasonable terms ; or an industrial training school, or a mechanics' institute for advancing the best interests of mechanics, manufacturers and artisans, by the more general diffusion of useful knowledge in those classes of the community, or homes for indigent and aged widows and unmarried women, whose directors or trustees may be of either sex, in its articles of incorporation may prescribe the tenure of office of the trustees or directors, the mod® of appointing or electing successors, the adminis- tration and management of the property, trust and other funds of the corporation and such other organic rules as are deemed expedient or acceptable to donors, which shall be the permanent organic law of the corporation. (R. S. Sec. 3767.) Section 9973.' By certificate duly acknowledged by original ob- the trustees or directors, and filed in the office of the sec- retary of state, such corporations may add to the original objects and purposes thereof, any of the several objects and purposes, mentioned in the preceding section, not pro- May add to ; ects EDUCATIONAL. '95 W< ptance of statutory pro vided for by the articles of incorporation. ( R. S. Sec. 37680 SeiCTion 9974. Such corporation heretofore incor- porated under the laws of the state, by certificate reciting the organic rules adopted by the corporation as its perma- nent organic law, duly acknowledged by the trustees or di- rectors, and filed in the orifice of the secretary of state, may accept the provisions of the second preceding section. (R. S. Sec. 3768. I Section 9975. The officers of such corporation Accounts of charged or intrusted with the receipts and disbursements receipts and . ° 1 11 1 1 1 disbursements of its funds or property, shall make and keep accurate and detailed accounts of such funds, and the receipts and dis- bursements thereof such as are required to be kept by the fund commissioners of the state. On or before the third Monday in January of each year the trustees shall file with the clerk of the common pleas court of the county in which the corporation is located an abstract of their account which shall correspond in date, amount, person to whom paid, from whom received, and on what account, with the vouch- ers taken or given on account of such receipts and dis- bursements. At the same time they annually shall file in such clerk's office a report of the names of the donors, the kind, amount, or value of gifts of each, and a brief state- ment of the conditions and purposes of the gifts. The filing of such abstract and report, and the supplying of any omission in either, may be enforced by order and attach- ment of the common pleas court of the proper county, against the trustees, on motion of anv respectable citizen. (R. S. Sec. 3769.) Attorney-gen eral may en- force duties of officers. Section 9976. No trustee of such corporation shall Trustees in be eligible to any office or agency of the corporation to otiSr^ofnce. which a salary or emolument is attached, nor shall the trus- tees be allowed any salary, emoluments or perquisites, ex- cept the right of free ingress to the grounds, rooms, and buildings of the corporation. (R. S. Sec. 3770. i Section 9977. On application to the attorney gen- eral by five citizens of the proper county, in writing, verified by the oath or affirmation of one of them, setting forth specific charges against any of the fiscal or other agents or trustees of such a corporation, involving a breach of trust or duty, he shall give notice thereof to the trustees or agents complained of. and inquire into the truth of such charges. For this purpose he may receive affidavits, or enforce, by process from the court of common pleas of Franklin county, the production of papers and the attendance of witnesses before him. If, on testimony or other evidence, he believes the charges or any of them to be true, he shall proceed, by action in that court, in the name of the state. against the delinquent trustee or trustees, fiscal agent or agents, and, on the hearing the court may direct the per- igb May increase number of trustees of certain corpo- rations. Distribution of new members. Stock corpo- rations may retire stock. •Cancellation by decree of court. EDUCATIONAL. formance of any duty, or the removal of all or any of the agents or trustees, and decree such other and further relief as is equitable. (R. S. Sec. 377 1 -) Section 9978. The board of trustees of a university or college heretofore incorporated, but not under the pat- ronage of conferences or other ecclesiastical bodies of any religious denomination, may increase the number of such trustees to twenty-four, exclusive of the president, or a less number, and divide such trustees into six classes, each class to serve six years, and one class to be chosen each year, for such term. One trustee of each class may be chosen by the votes of the alumni of such university or college, if the board of trustees so provides by by-law, in which case the board also shall provide by such by-laws, a method of nomi- nating and electing such appointee of the alumni. (R. S. Sec. 377 Ia -) Section 9079. The president of such university or college shall ex-officio, be a trustee perpetually, and not be included in the classes going out in rotation. If in the first enlargement of the board of trustees, under the preceding section it be necessary to distribute new members to the several classes, whose terms will expire by rotation, the distribution may be made in such manner as the board di- rects so that no trustee shall be elected for a longer term than six years. (R. S. Sec. 377 ia.) Section 9980. The board of trustees of a university or college in this state organized as a stock corporation and not under ecclesiastical patronage, upon the surrender and cancellation of all. outstanding shares of its capital stock, may cause a certificate of that fact, sealed with the corpo- rate seal and signed by the president and secretary of such board, to be filed in the office of the secretary of state, which certificate the secretary of state shall record for public use in the records of his office, and a certified copy of which he shall return to such hoard of trustees upon receipt of a fee of twenty cents per one hundred words, to be in no case less than five dollars. Thereupon such university or college shall continue its corporate existence as a corporation not for profit and with the same powers, duties, privileges and immunities as it previously possessed, save such as relate to its capital stock. Such board by reso- lution may conform the number, tenure and mode of elec- tion of its own members to the provisions of the preceding section, except, that trustees not authorized to be elected by the alumni, shall be elected by the board; and that the ex-officio membership thereon of the president of such col- lege or university shall be optional with the board. (R. S. Sec. 3771b.) Section qq8i. When such a' corporation seeking to avail itself of the provisions of the preceding section has procured the surrender for cancellation of not less than EDUCATIONAL. 197 sixty per cent of the outstanding shares of its capital stock, any residue thereof standing upon its books in the names of persons, partnerships, societies or corporations that for seven years or more have been deceased, dissolved or of unknown address, and non-participants in the corporate elections, and of whose shares aforesaid no known owner exists, may be cancelled by decree of the court of common pleas of the county wherein .such corporation is located, upon its petition, duly certified, being filed therein, making such persons, partnerships, societies and corporations or their legal representatives parties defendant, and on serv- ing such .defendants with public notice of the pendency of such petition in the manner provided for service by publi- cation in civil actions, and upon averment and proof by the plaintiff and a finding by the court of the facts as herein- before required, and of the further fact that the plaintiff is an eleemosynary corporation. Thereupon the shares of such defendants shall be deemed to be cancelled and sur- rendered, and the decree shall not be vacated or set aside, on the application of any such defendant, otherwise than as in the case of judgments in civil actions. (R. S. Sec. 37.71c) Section 9982. A mechanics' institute, incorporated under the laws of this state prior to the year eighteen hun- dred and fifty-one, may borrow money, issue bonds or notes therefor at no more than the legal rate of interest, and secure them bv mortgage upon its real estate. (82 v. 118 § 1.) Section 9983. The directors and trustees of such Liability corporations shall not be personally liable for debts con- j^See" tracted by them, as in the preceding section provided. (82 v. 118 § 2.) Mechanics institute i borrow money. of and ' Section 9984. Superintendents of city hospitals, di- rectors or superintendents of city or county infirmaries, directors or superintendents of work-houses, directors or superintendents of asylums for the insane, or other chari- table institutions founded and supported in whole or in part at public expense, the directors or warden of the peniten- tiary, township trustees, sheriffs, or coroners, in possession of bodies not claimed or identified, or which must be buried at the expense of the county or township, before burial, shall hold such bodies not less than thirty-six hours and notify the professor of anatomy in a college which by its charter is empowered to teach anatomy, or the president of a county medical society, of the fact that such bodies are being so held. Before or after burial such superintendent, director, or other officer, on the written application of the professor of anatomy, or the president of a county medical society shall deliver to such professor or president, for the purpose of medical or surgical study or dissection, the body of a person who died in either of such institutions, from How medical colleges may receive bodie?.- for dissectioi EDUCATIONAL. Body to be delivered to claimant. Interment of 'body after dissection. Notification of relatives. 'Body of strangers or Liability for having unlaw- ful possession naf body. any disease, not infectious, if it has not been requested for interment by any person at his own expense. (R. S. Sec. 3763.) Section 9985. If the body of a deceased person so delivered, be subsequently claimed, in writing, by a rela- tive or other person for private interment, at his own ex- pense, it shall be given up to such claimant. (R. S. Sec. 3763.) Section 9986. After such bodies have been subjected to medical or surgical examination or dissection, the re- mains thereof shall be interred in some suit able place at the expense of the party or parties in whose keeping the corpse was placed. (R. S. Sec. 3763.) Section 9987. In all cases the officer having such body under his control, must notify or cause to be notified, in writing, the relatives or friends of the deceased person. (R. S. Sec. 3763.) Section 9988. The bodies of strangers or travelers, who die in any of the institutions above named, shall not be delivered for the purpose of dissection unless the stranger or traveler belongs to that class commonly known as tramps. Bodies delivered as herein provided shall be used for medical, surgical and anatomical study only, and within this state. (R. S. Sec. 3763.) Section 9989. A person, association, or c ompany. having unlawful possession of the body of a deceased per- son shall be jointly and severally liable with any other per- sons, associations, and companies that had or have had unlawful possession of such corpse, in any sum not less than five hundred nor more than five thousand dollars, to be recovered at the suit of the personal representative of the deceased in any court of competent jurisdiction, for the henefit of the next of kin of deceased. (R. S. Sec. 3764.) APPENDIX FORMS AND INSTRUCTIONS NOTICE OF ELECTION IN SUB-DISTRICTS. Notice is hereby given to the qualified voters of sub-district No. , of township, county, Ohio, that the next annual school meeting for the elec- tion of a director in said district will be held at the school house in said sub-district on Monday, the day of April, 19 — , beginning at o'clock p. m. [a. m.], and closing at o'clock p. m. [a. m.] , Director. Note: — The above notice to be posted in three or more conspicuous places, at least six days prior to the election. Section 4718. POLL BOOK Of the election held in sub-district No. , in the township of , in the county of , and state of Ohio, on Monday, the - — • day of April, in tne year A. D. 19—. A. B., Chairman, and C. D., Clerk, judges of said election, were severally sworn, as the law directs, previous to their entering on the duties of their respective offices. Number and names of electors. Number and names of electors. Xo. 1 1 1 N o. •"> | 9 6 | 3 7 | 4 1 8 1 i It is herebv certified that the number of electors who v >ted at this election -, Chairman. -, Secretary. Judges. TALLY SHEET Of the election held in sub-district No. , in the township of , in the county of , and state of Ohio, on Monday, the day of April, in the year A. D. 19 — , to elect a director for said sub-district. I'll) 2GC 1-t ) R .\ I S A X D I N SI K UCT10N S. Tallies, showing number of votes given for each candidate. Names of Candidates . to •j - - i ( > t a J . 15 20 ! 25 ! : ! ! ! ! ! ! ! : | ' i ! | i ■ ■ ■ ■ , ■ ■ We hereby certify That - That That And that received received received votes for director. votes for director, votes for director. was duly elected director for a term of one year. — , Chairman. , Secretary. Judges. The poll book and tally sheet must be signed by the judges of election before they separate. No signing after such separation is valid. They must be delivered within eight days to the clerk of the board of education. MINUTES OF SUB-DISTRICT SCHOOL MEETING, Sub-District, No. Township, County, Ohio. 19- At a meeting of the qualified voters of said sub-district, held on the day of April, 10 was appointed secretary. Whereupon said, voters proceeded to elect by ballot, a director of said sub district for the term of one year, and upon inspection of the several ballots given at said election, it was found and publicly declared, that ' was duly elected for the term of one year. -, Chairman. -, Secretary. APPOINTMENT OF SCHOOL DIRECTOR TO FILL VACANCY This is to certify that of sub-district number has been appointed director township, - — . county, Ohio, to FORMS AND INSTRUCTIONS. 201 fill the vacancy caused by of - — ■ said appointment to extend until the next annual election as provided for in section 4720. , Ohio. , 19 — . -, President. Attest : , Clerk. OATH OF SCHOOL DIRECTOR. The following oath- which may be administered by the clerk or any other member of the board of education, should be taken by each director before enter- ing upon the discharge of his duties. You, , do solemnly swear [or affirm] that you will support the constitution of the United States, and the constitution of the State of Ohio, and that you will faithfully and impartially discharge the duties of director, in and for said sub-district, number , — township, county. Ohio, accord- ing to law and the best of your ability. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. Resolved by the board of education of township, That there be trans- ferred and united with sub-district -number , so much of sub-district number , as is bounded as follows: [describe boundary.] • Resolved by the board of education of ■ township, That sub-district number is hereby abolished, and there is hereby transferred to and united with sub district number , so much of the territory of said abolished sub- district as is bounded as follows: [describe boundary], and so. much of said abol- ished sub-district as is not herein united with sub-district number , is trans- ferred to and united with sub-district number . This resolution shall take- effect on the day of , 19 — . Resolved by the board of education of township, That so much of sub-district number , as bounded as follows: [describe boundary], be cut off from said sub-district, and that so much of sub-district number ■ as bounded as follows: [describe boundary], be cut off from said sub-district, and that the territory thus cut off from sub-districts numbers ■ and , respec- tively, is hereby consolidated and formed into a new sub-district and designated sub-district number of township. Resolved by the board of education of township, That sub-districts numbers and are hereby abolished, and that the territory included in said sub-districts at the time of their abolishment is hereby consolidated and formed into a new sub-district, and designated sub-district number of - township. This resolution shall take effect on the day of , 19 — . Note: — -When a new sub-district is formed the township board should ap- point a director as provided in section 4720. RESOLUTIONS ON BOND ISSUE. Resolved, By the board of education of school district, county, Ohio, That it is necessary for the proper accommodation of the schools of said district that [state nature of improvement], that it will require % to make said improvement, that the funds at the disposal of said board or that can be raised under the provisions of section 7029 of the General Code of Ohio, are not sufficient to accomplish said purpose and that a bond issue is necessary, it is therefore further -02 FORMS AND INSTRUCTIONS. Resolved, That an election be held in said school district on the question of the issuing of bonds in the sum of $ for the purpose herein specified, on the ■ day of - — 19 — , and that the clerk of the board be directed to forward a copy of these resolutions to the deputy state supervisors of elections and request said supervisors to provide election supplies and. con- duct said election, and that the clerk be also directed to publish the notices of said election as provided by law. NOTICE OF ELECTION FOR BOND ISSUE. Notice is hereby given by the board of education of — — — — school district, county, Ohio, that there will be an election held in said district at the usual voting place [places], between the hours of 5:30 a. m. and 5:30 p. m., on the day of , 100—, to consider the question of a bond issue in the sum of $ , for the purpose of \hcre state purpose] as provided in section 7625 of the General Code of Ohio. By order of the board of education. — , Clerk. -, Ohio. 190—. FORM OF BALLOT. For Bond Issue in the Sum of % -, Yes. For Bond Issue in the Sum of $ , No. All elections on school questions should be held under the supervision of the regular election officers and the ballots be made to conform to the provisions of the general election laws. PETITION FOR SPECIAL SCHOOL DISTRICT. To the Probate Judge of County, Ohio : We, the undersigned petitioners, being mile citizens and electors of a pro- posed special school district, respectfully request that a special school district be established from the territory herein described for the following reasons : [give reasons.] Said special school district to be bounded and described as follows: [Give description in full.] Respectfully submitted, , Ohio. . 19—. Note: — The above petition must be signed by at least ten male electors and must be accompanied by a certificate from the county auditor giving the total tax valuation of the proposed district, an accurate map of the same and an undertaking with security lor costs in the sum of $100. FORMS AXD INSTRUCTIONS. 203 NOTICE OF SPECIAL MEETINGS. Notice is hereby given that there will be a meeting of the board of educa- tion of ■ school district, county, Ohio, on the day of , at o'clock , at ! — - — -, to consider any business which may be considered necessary. , Clerk. , , 19—. Note: — A special meeting may be called by the president, clerk or two mem- bers of the board. TEACHER'S CONTRACT. -, of school district in county, county, An agreement entered into between Ohio, and the board of education of Ohio; the said hereby agrees to teach in the public schools of said district for a term of months, and also agrees to abide by and maintain the rules and regulations adopted by said board for the government of said schools of said school district. And in consideration of such services, the said board of education agrees to pay the said the sum of dollars, payable monthly at the office of the treasurer of the board of education. Entered into this da}' of , 19 — . , Tear her. , President. , Clerk. Any special provisions may easily be inserted. ORDER ON^THE TREASURER. (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) i I— 1 1 z w § > < Plh Q > W u w g No. Office of Board of Education School District. $— , Ohio, , 19—. THE TREASURER OF SAID SCHOOL DISTRICT Will Pay to DOLLARS, out of Fund in the Treasury. For By Order of the Board of Education. , President. , Clerk. 204 FORMS AND INSTRUCTIONS. ORDER ON TREASURER WHEN SCHOOL FUNDS ARE IN A DEPOSITORY. (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) i No. Office of Board of Education — $ , Ohio, -School District. , 19—. THE TREASURER OF SAID SCHOOL DISTRICT Will Pay to — DOLLARS, out i .i For — Fund in the Treasury. By Order of the Board of Education, , President. -, Clerk Payable at Bank, -, Ohio. -, Treasurer CERTIFICATE OF ANNUAL SCHOOL LEVY. ' (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) To the Auditor of County : It is hereby certified by the Board of Education of School District, County, that the entire amount necessary to be levied upon the property of said school district for school pur- poses, during the next school year, as directed by Sec. 758G G. C, is as follows: For Tuition Fund For Building Fund , For Contingent Fund For Bonds, Interest and Sinking Fund. For By Order of the Board of Education. mills. $, mills. $. mills. $. mills. %. mills. $. , Clerk. , Ohio f 19 CERTIFICATE OF SCHOOL FUNDS IN TREASURY. We hereby certify that, by a count, as required by law, of all the money, bonds and securities in the hands of — , treasurer of school district county, Ohio, made this - - day of , 19—, in the presence of the clerk of the board, we find ■ dollars [and bonds, etc., in value amounting to - dollars] of school funds to be in the treasury on the date above FORMS AND INSTRUCTIONS. 205 named, and we have directed the clerk to enter upon the records of the board .a copy of this report. , Board (or committee.) Attest: , President. , Clerk. [See section 4767 of the General Code.] i TRANSFER OF TERRITORY. (Minutes of Boards.) Resolved, That the following described territory be and the same is hereby transferred from school district, county, Ohio, to school -district, county, Ohio, subject to the provisions of section 4692, General Code of Ohio [give description.] Resolved, That the clerk be instructed to notify the board of education of school district of county, Ohio, of the passage of this resolution, and upon similar action being taken by said board that said clerk file a cer- tified copy hereof with the county auditor, together with a correct map of the territory described. Note: — A majority of the full membership of the boards is necessary to carry such a resolution and a yea and nay vote is required. LEASE TO SCHOOL DISTRICT. Ktwzv oil men by these presents : That , of the county of , and State of , for the con- sideration herein mentioned, does hereby lease unto the board of education of the township of , county and state aforesaid, its successors and assigns, the following premises, to-wit : [Here insert description], with all the privileges and appurtenances thereunto belonging; to have and to hold the same for and during the term of years from the day of , 19 — . And the said board of education for itself and assigns, does covenant and agree to pay the said for the said premises, the annual rent of dollars. [Insert date and place of payment.] In witness whereof, the said parties hereunto set their hands, this day of , 19 — . — , Lessor. President of the Board. , Clerk. Signed, sealed, and acknowledged in the presence of State of Ohio, ■ County, ss. : Before me, a in and for said county, personally appeared - grantor in the above instrument, and acknowledged the same to be ■ volun- tary act and deed, for the uses and purposes therein mentioned. In testimony whereof, I have hereunto subscribed my name an 1 affixed rrn seal, this day of — , A. D. 19—. (Title.) 206 FORMS AND INSTRUCTIONS. If the lease be for three years or more, it must be acknowledged, attested by- two witnesses, and recorded. If for a less term, it need not be executed with these formalities. See section 8517. T4ie consideration may be money or any- thing else, and the form varied accordingly. The above form is for a long lease. OATH OF CLERK OF BOARD OF EDUCATION. The State of Ohio, County, ■ ■ Township, ss.: Before me, , personally came , who, being duly sworn according to law, says that he will support the constitution of the United State- and the constitution of the state of Ohio ; and that he will faithfully discharge his duties as clerk of the board of education of the — — — ■ school district ■ in county, Ohio, during his term of office, and until his successor is chosen and qualified. — of said B Sworn to before me and signed in my presence, on day of — A. D. 19—. (Title.) CLERK'S BOND. Know all men by these presents, That we, , , are held and firmly bound unto the state of Ohio, in the sum of dollars, for the payment whereof we jointly and severally bind ourselves. Signed and sealed by us this day of , A. D. nineteen hundred and Whereas, the said has been duly chosen and qualified as clerk of the board of education of district , in township, county, and state of Ohio, for the term of one year from the day of January, A. D. 19 — , and until his successor is chosen and qualified. Now, the condition of the above obligation is such, that if the said shall faithfully perform all the official duties required of him as clerk of said board, then this obligation will be void ; otherwise it shall be and remain in full force. The sureties on the above bond, and its amount, approved by said board this day of , A. D. 19—. President of said Board. FINAL RECEIPT OF CLERK. . , Ohio, , 19- Received of -, late clerk of school district, the sum of dollars, the record book, account book, school laws, teachers' certificates and reports, and the other official books and papers in his hands. , Clerk. See section 1777 FORMS AND INSTRUCTIONS. 20J OATH OF TREASURER OF BOARD OF EDUCATION. The Sthte of Ohio, County, ss.: Before me, , personally came , who beings duly sworn according to law, says that he will support the constitution of the United States, and the constitution of the state of Ohio; and that he will faithfully discharge his duties as treasurer of the board of education of the school district county, Ohio, during his continuance in said office, and until his successor is chosen and qualified. Sworn to before me and signed in my presence, on this day of 10—, by the said . -of said Board. TREASURER'S BOND. (City, village and township districts. ) We, the undersigned — — as principal and - an > : P O c 4 Christmas. Dismissal of schools on , 76S7 97 Cincinnati. University of , 7915-7922 163-165 City Districts. Advancement to , 4686 30 Attached territory, assignment of, 47<»tj 35 Voting in, 4706 Attendance in, compulsory, 7762-7764 117 Board of education, election of, 4698-4705 34-35 Membership, 4698-4700 34 Meetings , 4747 47 Organization, 4747 47 Qualifications of members, 4705 Special meetings of, how called, 4751 49 Term of members, 4702 , 4703 35 Board of examiners, 7838, 7854, 7855 140, 144 City solicitor , legal adviser , 4761 . . . *. 53 Clerk of board of education. 4747. 4774, 4781 47, 56 Deaf children, schools for, 7755-7761 114-115 Decennial redistricting of, 4701 34 Defined, 4680 Director may be appointed , 7694 101 Redistricting of, 4701. 4707 34 Sub-districts , division into . 4700 34 State school commissioner, by . when , 4701 34 Superintendent , election of , 7702 Teachers, election of, 7703 103 Teachers' institutes , in , 7871 • Treasurer of school boar' ! 77:> , 1781 54-56 City Examiners. Appeal from, -7857 144 Appointment, term, vacancies, 7338, 7839 140-141 Compensation and expenses of, 7853 143 Examinations, how conducted, 7840 141 Expert, assistance of in difficult branches, 7841 141 Fees , disposition of , 7853 143 Granting of certificates, 7844-7846 142 Revocation of certificates, 7850 143 Meetings of, 7843 142 Membership, number, qualifications 7838 140 Organization of board, 7842 141 Record, how kept, 7854 143 Report of appointment, to state school commissioner. 7839 141 Revocation of appointment , 7839 141 Scientific temperance, examination, 7726 108 224 INDEX. City Solicitor. page Legal adviser of boards of education , 4761 53 Shall not be a member of the board , 47G2 .' . 53 Classification. Change of, by advancement, 4686, 4687 30 City districts, 4680 29 Special districts, 4684 30 Township districts , 4683 30 Village districts, 4681, 4682 29, 30 Clerk of Board of Education. Abandonment of special districts, duties of special and township clerks as to , 4741 44 Absence of, at meetings, who acts, 4753 50 Accounts of, how kept, 4778 55 Blanks for reports under compulsory education law, must furnish, 7772 121 Bond of , 4774 56 Certificate of estimate for tax levy, to county auditor, 7594 70 Transfer of territory, of, when, 4692 31 City districts, of, 4747 47 Compensation of , 4781 58 Compulsory attendance, may excuse from, 7763 117 Election of, 4747 47 Embezzlement by, penalty for, 12878 58 Enumeration return to county auditor, 7799 130 Liable for damages for failure to make, 7800 130 Penalty for failure, 7802 131 Forms relating to 199-212 Moneys received by, must be reported to county auditor, 4768 55 Notice of election, 4839 60 Oath of, 4746 46 May administer to others , 4746 46 Order on treasurer, must sign, 4768 55 For teachers' pay, illegal, when, 7786 126 Petition for transfer of territory, 4693 32 Publication of receipts and expenditures, 4776 57 Record of proceedings, kept by, 4754 50 Reports required of, 355, 4775, 7787, 7788 13, 55, 127 Penalty for failure to make, 7790, 7791 128 State school commissioner may require, 355 13 Roll call , when required , 4752 50 Special district, of, 4747 47 Successor, property turned over to, 4777 57 Township commencement, clerk to hold, 7742 Ill Township districts , of , 4747 ' 47 Village districts, o'f, 4747 47 Clerk of Board of Examiners. City Boards. Bond of, 7842 141 Compensation of , 7853 143 INDEX. 225 Clerk of Board of Examiners— Concluded. t->i • <■ _~ ~ PAGE Election of , 7842 -, ... Fees, disposition of, 785-5 244 Record, kept by , 7854 Reports of, 7839, 7854 .141, 144 County Boards. Bond of, 7836 140 Compensation of , 7837 14 q Election of, 7815 -,q 5 Fees, disposition of, 7820 , jog Record to be kept, 7815 135 Report by to county auditor, 7820 23 6 To state school commissioner, 7815, 7836 135 140 Clerk of Township. (See Township Clerk.) Coat of Arms. Device of, state of Ohio, 30 12 Colleges and Universities. Incorporated Institutions. Accounts of, how kept, report, 9975 195 Alumni may elect trustees , 9945 187 Appoint visitors , 9945 2g 7 Election, conduct of, 9946, 9947 187 igg Attorney general, duties as to, 9977 ' 195 Board of trustees, election of, 9951 Igg Members, increase in number, 9950, 9978 .' ,.189, 196 Ineligible, who are, 9976 ' ' 195 Quorum of , 9943 ' jg 7 Term of office, 9963 192 Vacancies, how filled, 9930 jg 4 Bonds, trustees may issue, 9932 \[[ lg4 Charter, amendment of, 9966, 9969 [[ '^92 193 Directors and trustees of certain associations, 9972 ' 194 Endowment fund of , 9948 14 g Diverted, how, 9929 184 Faculty of, its powers, 9925 18 3 Laws, benefits of, how acquired, 9944, 9949 187, 189 Location, change of, 9928, 9964 ^183' 192 Mechanics and agriculture, 9926 ' |g3 Mechanics, institutes may borrow money, 9982 197 Directors' liability, 9983 297 Medical college, bodies for dissection, 9984, 9989 197, 198 Name, change of, 9966, 9969 '192' 193 May be religious denomination, 9951 189 Organization of, 9922 jg2 Patron, who may be, 9939 ig(j Property, increase of, '9931 Ig4 Sale of, 9965 192 May hold in trust, 9924 Ig3 Purposes, set forth, may be, when, 9951 189 Change of, 9966, 9969 192, 193 May be added to, 9973 [ ' 194 15 s. 1.. 226 INDEX. Colleges and Universities — Concluded. page Religious control of, 9934-9938, 9952, 9953 185-186, 190 Religious body entitled to representation, 9942 187 Representation to cease, when, 9941 187 Statement of property to be filed, 9933 185 Stock changed to scholarship, 9927 183 Stockholders' liability, 9956, 9959. 191 Visitors, appointment of, 9940 186 Commencements. County commencements under "Patterson Law," 7744 112 Township commencements under "Patterson Law," 7742 Ill Expenses of, how paid, 7746 112 Commercial Departments. Boards of education may maintain, 7722 107 Commissioner. (See State Commissioner of Common Schools, County Com- missioners.) Common Pleas Court. Judge of, duty as to report of examiner of funds, 367 16 Schools specially endowed, appointment of trustees for, 7987 179 Common School Fund. (See Funds.) Compensation. Board of education, members of, shall not receive, 4757 51 City boards of examiners, of, 7853 143 Clerk of board of education , 4781 58 County auditor, of, 7793 128 County examiners, of, 7834 139 Clerk of, 7837 140 Under "Patterson Law," 7745 112 Enumerators, of, 7797 130 Examiners of school funds, 366 16 Ohio State University, officers of , 7949 171 Prosecuting Attorney, shall not receive, 4762 53 Treasurer of board of education , 4781 58 Complaint. Form 208 Funds, fraudulent use of, in regard to, 361 15 Compulsory Attendance. Age of youth affected, 7762-7768 117-120 Attendance necessary, 7763 117 Minors between 14 and 16, 7767 119 Blind institution , in regard to , 7778 124 Board of county visitors, duties, 7782 '124 Branches of study required , 7762 117 Corporation , violation of by, penalty, 12982 125 Costs of proceedings paid by county, 12988 125 INDEX. 227 Compulsory Attendance — Concluded. page Deaf and dumb institution, in regard to, 7778 124 Delinquency of minors, penalty for aiding or abetting, 1654 21 "Delinquent child" defined, 1644 18- "Dependent child" defined, 1645 • 1& Employment of minors under 16, 7765 118 Between 14 and 16, 7767 .. 119 Penalty for violation, 12975 125 Excuse, how obtained, 7763 117 Forms relating to 209-212 Free school books, 7739 Ill Jurisdiction of courts, 12984 12o Juvenile Court, establishment of, 1639 17 Juvenile disorderly persons, defined, 7768 120 Proceedings against, 7774 122' Penalties for violations, 12981-12983 125 Repeated violations, 12986 125 Relief to enable child to attend school, 7777 123 Reports of public and private schools, 7772 121 Seating acommodations necessary, 7738 110 Tax levy authorized, 7738 110 Truancy, proceedings in cases of, 7773 121 Truant officer, appointment, powers, duties, 7769-7771 120 Constitution of Ohio. Encouragement of schools, Art. I, Sec. 7 7 Oath to support, 4746 46 School funds, preservation of, Art. VI, Sec. 1 7 Provision of, by taxation, Art. VI, Sec. 2 7 School laws, excepted from general rule, Art. II, Sec. 26 7 School property exempt from tax, Art. XII, Sec. 2 8 Construction. Laws of, decisions and opinions, 27 11 Contingent Fund. Apportionment of, 7603 72 Board of education to provide, 7586, 7587 68 County commissioners may levy, when, 7610 74 Tax levy for, certificate to county auditor, 7594 76 Contract. Board of education by, how made, 4757 51 Members of, shall have no interest in, 4757 51 Certificate of funds, 5660 81 Exceptions , 5661 81 County examiners may, for rent, etc., 7835 140- Depository of school funds, for, 7604-7608 72-73 School houses, how let, 7623 78 Conveyance. Board of education, authorized to make, 4749, 4756 48, 51 How made, 4757 ■ 51 Pupils may be conveyed, when, 7730, 7732, 7733, 109- 228 INDEX. Corporations. (See Articles of Incorporation.) page Boards of education are, 4749 48 Educational institutions. (See Colleges and Universities.) Ohio State University, 7943 170 School attendance, violations by agents of, 12981-12983 125 Schools specially endowed , 7987 179 Costs Special districts , formation , 4730 42 Security for, 4730 42 Council. University of municipality, powers of as to, 7906-7912, 7921. .. .161-162, 165 Vaccination of pupils, duty as to, 7686 97 County Auditor. Apportionment of school funds to all districts, 7600-7602 71-72 Blank books, to furnish to clerk of board of education, 4778 57 School examiners , 7835 140 Treasurer of school funds, 4778 66 Blanks, distribution of to school districts, 7788 127 Bonds of clerk and treasurer, copy to be filed with, 4764, 4774 54, 56 Clerk of board failing to report, auditor may appoint other person, 7791 128 Compensation of auditor, 7793 128 Contingent fund, levy for to be certified to, 7594, 7598 70, 71 Distribution of funds to school treasurers, 7601 71 Enumeration, returns of to, 7799 130 Auditor to take , when , 7800 130 Return to, when county line divides original surveyed township, 7801 131 Return b}', to state commissioner, 7803 131 Fines, collection of, for school purposes, duty as to, 7612 74 Joint sub-districts, map of to be filed with, 4724 40 Penalties for not making reports, 7790-7792 127-128 Reports to, required, 4775, 7787, 7820 57 Reports of, required, 355, 7703, 7788 13, 103, 127 School houses., duty as to tax levy for, 7628 82 Special districts, to certify valuation of, 4729 42 Tax levy, certified to, 7594 70 Teachers' institute, funds for, duties as to, 7864 149 Territory transferred, duties as to, 4692, 4693 31-32 Treasurer of school districts, settlement with, etc 4769, 4772, 7600, 7603 55-56, 71, 72 County Board of Examiners. Appeal from, 7857 144 Appointment of, 7811 134 Branches of study required for teachers' certificates, 7830-7832 138-139 Certicates, granting of, 7821, 7824-7826 1367., 137 Grades of, 7829 138 Renewal of, 7822, 7823 137 Revocation of , 7827 137 # INDEX. 229 County Board of Examiners — Concluded. page Clerk, duties of, 7815 135 Compensation of, 7837 140 Compensation of members, 7745, 7834 139, 142 Examination fee , 7818 136 Disposition of, 7820 136 Expenses of board , how paid , 7835 140 Ineligible, who are, 7812 134 Majority of members necessary to take action, 7818 136 Meetings of, 7817 135 Membership, limited how, 7811 134 Notice of meeting, what necessary, 7817 135 Organization of, 7815 135 Patterson examinations, 7740 Ill Commencements, county, 7744 112 Compensation of examiners, 7745 112 Qualifications necessary, 7811 134 Questions, how prepared, 7819 136 Record to be kept, 7815 135 Removals from board, 7811-7813 134-135 Reports to be made, 7815, 7820 135, 136 Revocation of certificates, 7827 137 Scientific temperance, examination in, 7726 137 Special certificates, granting of, 7829 138 Teacher, qualifications necessary, 7830-7832 138-139 Term of members, 7813 135 Uniform system of examinations, 7819 136 Vacancies, how filled, 7814 135 County Commissioners. Board of education, commissioners may act as, when, 7610 74 Children's homes, schools at, duties as to, 7676 94 Contingent fund, when to levy, 7610 74 County auditor, compensation of, 7793 128 County Treasurer. Compensation of, 7594 70- School funds, duties as to state funds, 7584 67 When county line divides district, duties, 7598 71 Tax, collection of, 7594 70 Course of Study. Defined, 7651 90 Elementary schools, branches of study, 7648 89 Course of study required in, 7645 88 German taught, when, 7729 83 High schools, branches of study, 7649 89 Requirements, 7652-7654 90 Physical training in certain schools, 7721 107 Physiology and hygiene, 7723 108 Report of, required, 7660 91 Scientific temperance, 7723 108 Text books, adoption of, 7713-7716 106 2$0 INDEX. Debt. (See Sinking Fund.) page .Deeds. Boards of education, deed by, 4749, 4756-4758 48, 51-52 Ohio university land, leasehold estate, converted into fee simple, 7933-7935 168 Degrees. Educational institutions, power to confer, 9922 182 University of municipality, may confer, 7904 161 Depository. Boards of education shall provide, 7604-7608 72-73 In districts having two or more banks, 7605 73 In districts having less than two banks, 7607 73 Devise. Board of education may accept, 4755 51 Common school fund of state, to, 7581 67 Endowed schools, to, management of, 7987 179 Institutions may receive, 9924 183 Ohio State University, for, 7951 171 Director. Appointment of, in city districts, 7694 101 Compensation of, 7697 102 Powers and duties of, 7695, 7696 101, 102 Removal of, 7698 102 Election of in township districts, 4717 39 Enumeration , shall take , 4722 40 Powers and duties of , 4722 40 Term of office, 4717 39 Dismissal. Schools, on holidays, 7687 97 Teachers to attend institute, 7869 150 Teacher, dismissal of, 7701 103 Improperly dismissed, may bring suit, 7708 104 Districts. (See City, Village, Special and Township Districts.) Donations. (See Bequests.) Education. (See Board of Education, Colleges, Schools.) Elections. Ballots, form of, for school elections, 5032-5034 61 Bonds, issue of, for school houses, 7625 80 Centralization of township schools, for, 4726 41 •City districts, board of education, election of, 4703, 4704 35' Attached territory , voting in , 4706 35 INDEX. 231 Elections — Concluded. page Educational institutions, election of trustees and visitors by alumni, 9945, 9947 187, 188 Forms relating to 199-202 High school, election on question of bond issue for joint townships, 7669 92 Union of districts in township for high school purposes, elec- tion on bond issue, 7669 92 Lot, election decided by, when, 5120 61 Notice of, 4839 60 Special districts, in, 4736^740, 5049 '44, 61 Abandonment of, election for, 4741-4744 44-45 Tax to exceed maximum allowed by law, vote on, 7592, 7593 70 Special tax , vote on , 7625 80 Teachers' institute, officers of, 7860 148 Tie vote, how decided, 5121 61 Township districts, board of education of, 4712, 5049 38, 61 Attached territory, voting in, 4714 39 Village districts, board of education of, 4710, 5049 37, 61 Attached territory, voting in, 4711 37 Newly created district, election in, 4710 37 Women can vote , when , 4862 60 Registration of , 4940 60 Electors. Attached territory, where to vote, 4706, 4711, 4714 35, 37, 39 Women are , for school officers , 4862 60 Employes. Board of education, of, 7690-7706 98-104 Minor, proof of attendance at school required before employment, 7765-7766 118 Between fourteen and sixteen, must pass examination, 7767... 119 Endowment Fund. College, how application of, changed, 9929 184 Corporation for, 9948 188 Schools specially endowed , 7897-7994 179-181 English Language. Common branches must be taught in, 7729 108 Enumeration. Apportionment of state school funds by auditor of state, based on, 7582 67 By county auditor, 7600, 7602 71, 72 Clerk of board of education to make returns of, 7799 . 130 Compensation for taking, 7797 130 Excessive, action of state school commissioner, 7804 131 Failure to take, penalty, 7802 131 By clerk of board to make returns, action taken, 7800 130 Penalty for making fraudulent returns, 12929 132 Return by county auditor to state school commissioner, 7803 131 When county line divides original surveyed township, 7801.... 131 Township districts, who takes, 4722 40 Youth of school age, includes whom, 7794 129 How taken, 7796 129 2$2 INDEX. Evening School. (See Night School.) . page Examiner. (See City, County and State Examiners.) School funds, of, 362-366 15-16 Adverse report, disposition of, 367 16 Compensation of, 366 16 Execution. School property exempt from, 47-59 52 Executive Committee. Teachers' institute, of, 7860 148 Bond of, 7863, 7864 14!) Forfeiture of bond, 7867 1 ■ Report of clerk, 7866 149 Expenditures and Receipts. Board of education, clerk to make annual report of, 4775 57 Publication of report, 4776, 7785 57 Expulsion. Pupil from school , of , 7685 96 F Fees. (See Compensation.) Female. Suffrage of, in school elections, 4862, 4940 60 Fines. County auditor's duties as to, 7612 74 Fine Arts. Corporations for promoting, 9922-9979 182-196 Fire Dangers. Instruction in , 12901 88 Duty of board in regard to, 12905 88 Duty of school commissioner, 12903 88 Duty of the fire marshal, 12902 88 Duty of teachers , 12901 88 Fire Drills. Pupils must be trained in, 12900 88 Flag. Ohio flag, description of, 28 11 United States flag, display of, 7621 78 Flower. State flower of Ohio. 29 12 INDEX. 233 Forms. PAGE Prepared by state commissioner of common schools, to be, 356, 357, 7788, 7789 14, 127 Notice of election in sub districts 199 Poll book 199 Tally sheet 199 Minutes of sub-district school meeting 200 Appointment of school director, to fill vacancy 200 Oath of school director 201 Different modes of altering sub-districts 201 Resolutions on bond issue 201 Notice of election for bond issue 202 Form of ballot 202 Petition for special school district 202 Notice of special meetings 203 Teacher's contract 203 Order on the treasurer 203 Order on treasurer when school funds are in a depository 204 Certificate of annual school levy 204 Certificate of school funds in treasury 204 Transfer of territory 205 Lease to school district 205 Oath of clerk of board of education 206 Clerk's bond 206 Final receipt of clerk 206 Oath of treasurer of board of education 207 Treasurer's bond 207 Final receipt of treasurer 208 Complaint in regard to school funds 208 - Notice to parent or guardian 209 Notice to truant 209 Notice to employers of youth 209 Age and schooling certificate 210 Teacher's report 211 Report of truant officer 212 Fourth of July. Schools may be dismissed on, 7687 97 Fraternities. Investigation of, 12908 06 Penalty for. Pupil joining, 12906, 12909 95, 96 Teacher failing to report, 12907 95 Funds. (See Sinking Fund.) Accounts of, how kept, 7580 66-67 Auditor of state, duty of, 7580, 7581 80-81 Apportionment of state funds by auditor of state, 7582-7585 67-68 By county auditor, 7600-7603 71-72 Bequests to common school fund, how applied, 7581 67 Contingent levy by boards of education, 7586, 7587, 7594. . . I 68-70 County commissioners to levy, when, 7610 74 Penalty for failure to levy, 7611 74 234 INDEX. Funds. (See Sinking Fund) — Concluded. page Declaration of policy of the state respecting universities, 7923 165-166 Debt of state, irreducible, common school fund shall constitute, 7580 66 Depository for , 7604 72 Distribution of by county auditor, 7601 71 Educational institutions, of, 9929, 9948 184, 188 Fines to be collected by county auditor and paid into funds, 7612 74 Income from school lands, application of proceeds of, Art. VI, Sec. 1 7 Investigation of, 361 15 Ohio State University fund, tax for, 7929 167 Pension fund for teachers, 7875-7896 152-156 Public lands, proceeds of sale of, 7579, 7580 66 Salt and swamp lands, proceeds of sale of, 7577, 7578 66 School fund, preservation of, Art. VI, Sec. 1 7 Settlement between district treasurer and auditor, 4770 56 Special districts, division of fund when created, 4732 43 State common school fund, tax for, 7575 65 State commissioner of common schools, duty as to, 355, 367 13, 16 Taxation, constitutional provisions for, Art. VI, Sec. 2 7 Tax levy , maximum for schools , 7591 69 Transfer of, 5654, 5655 80 Transfer of territory, division of funds, 4696 32 Treasurer of county, duties as to, 7584, 7585, 7594, 7599, 7601, 7602. 67, 68, 70, 71, 72 Treasurer of district, receipts and disbursements by, 4768, 7594 55, 70 Amount he may have on hand, 4769 55 G ■General Assembly. Laws to encourage schools, duty of, to pass, Art. I, Sec. 7 7 State commissioner of common schools to report to, 360 14 School funds, to provide for by taxation, Art VI, Sec. 2 7 School laws can take effect upon authority other than, Art. II, Sec 26 7 Tax for schools, shall levy, 7575, 7576 65, 66 Wilberforce University, members may name pupils for admission to, 7985 178 German Language. Teaching of authorized, 7729 108 •Governor. Arbor Day, shall appoint and set apart, 7688 97 College, fills vacancy among trustees, 9930 184 Military academy, is visitor of, 9961 191 Ohio State University, appointment of trustees, 7942 169 Deed for lands of, to execute and deliver, when, 7933 169 School book commission, is a member of, 7710 105 State commissioner of common schools, to fill vacancy in office of, 352 13 Report of , to be made to , when , 360 14 Wilberforce University, appointment of trustees, 7976 176 INDEX. 235 Guardian. page Children under care of, entitled to attend schools free, 7681 95 Duties of, under compulsory education law, 7762, 7763 117 H High Schools. Board of education may establish, 7663 91 Branches of study required, 7649 89 Certificate of work done by pupil , 7657 90 Value of, 7658, 7659 90, 91 Classification of, 7651 90 Defined, 7649 89 Diploma, what it shall contain, 7656 90 Examinations in special and sub-districts, for, 7740 Ill Commencements, 7742-7744 111-112 Compensation of examiners, 7745 112 Tuition, 7747 112 Report of by clerk of board, 7660 91 Penalty for failure to make , 7662 , 91 Township Districts in. Admission of pupils to, 7667 92 Board of education may establish, 7663 91 Management and control of , 7665 92 Tax levy for, 7668 92 Time , length of , to be continued , 7667 92 Township and joint township high schools, established by peti- tion, 7669-7672 92-93 Buildings, purchase or renting of, 7669 92 Election on question of tax levy for, 7669 92 Election for tax levy not necessary, when, 7669 92 Tax for, 7669 92 Teachers, employment of, 7670 93 Union of several districts for high school purposes, 7669 92 Holidays. Dismissal of schools on, without forfeiture of teacher's pay, 7687.. 97 Holidays named, 7687 97 Howe's Historical Collections of Ohio. Boards of education authorized to purchase, 7719 107 Care of, how taken, 7719 107 I infirmary. Corpse, surrender of, to medical college, 9984 197 Schools at , 7676 94 Institutes. (See Teachers' Institutes.) Interest. Irreducible school funds, interest on, 7577, 7580 66 236 INDEX. Investigation. page School funds, of, by accountant, 361, 362, 365 15, 16 Teacher, of, by board of examiners, 7827, 7840, 7850 137, 141, 143 Irreducible School Fund. Accounts of, how kept, 7580 66 Original surveyed township, in two counties, how proceeds paid to, 7585 68 Public lands, sale of, proceeds of, how applied, 7579, 7580... 66 Salt and swamp lands, proceeds of sale of, 7577, 7578 66 J Janitor. Board of education, power to employ, 7690 98 Board of examiners may employ, 7835 140 Dismissal of by board of education, 7701. . .• 103 Teachers not required to do janitor work, 7707 104' Term of employment, 7690-7690-6 98-100 Under civil service in cities, 7690-1-7690-6 98-100 Joint Sub-Districts. Abolished, 4723 40 Territory annexed to township , 4723 40 Judge. (See Common Pleas Court, Probate Court.) Juvenile Disorderly Person. Court for, 1639-1683 17-28 Definition of, 7768 120 Proceedings against, 7774 122 K Kindergarten Schools. Boards of education mar establish , 7722 107 Language. (See English Language, German Language.) Laws. Collation of , 356 14 Distribution of , 356 14 Encouragement of schools, for, passage of, Art. I, Sec. 7 7 Interpretation of, decisions, preparation and distribution of. 356... 14 Schools, for, can take effect upon approval of authority other than the general assembly, Art. II, Sec. 26 7 Law College. Organization of , 9972 , 9973 194 INDEX. 237 Law Library. page Organization of , 9972 194 Lease. Form of ■ 205 Site for school house or right of way, lease of, 7620 77 Legal Adviser. Boards of education, who is, of, 4761 53 Ohio State University, who is, of, 7953 171 Legislature. (See General Assembly.) Library. Access to , 7631 83 Appropriation of money for, amount limited, 7642 85 Board of education may establish, 7631, 7642 83, 85 Appropriation for , 7642 85 Funds for, how provided, payments from, 7639 85 Tax for, 7632, 7639 84, 85 Trustees of, 7635 84 Control of, vested in board of education, when, 7642 85 Donations, board may accept, 7638 85 Established how, 7631 83 Librarian, appointment, compensation of, 7637 84 Museum , in connection with, 7643 86 Rules and regulations for, 7635 84 Tax levy for, 7639, 7640 85 How expended, 7640 85 Village districts may establish , 7631 83 Location. School house, convenience of, 7644 87 Lot. Election decided by, when, 5121 61 M Manual Training. Boards of education may provide, 7722 107 Map. Attached territory, to be made of, 4706, 4711, 4714 35, 37, 39 Special districts, map of, 4729 42 Territory transferred from one district to another, map of, 4692, 4693 31, 32 Township district, map of, 4716 39 Mechanics' Institute. Authority to borrow money, issue bonds, etc., 9982 197 Directors and trustees not personally liable for debts, 9982 197 Objects of institute, enlarged, how, 9973 194 Organic rules which may be prescribed in articles of incorporation, 9972 194 238 INDEX. Medical College. (See Colleges.) PAGE Bodies for dessection, may receive, 9984 197 Meetings. Board of education, city districts, 4747 47 Special districts , 4747 47 Township districts, 4747, 4715 47, 39 Village districts, 4747 47 City board of examiners, 7843 142 County board of examiners , 7817 135 Illegal, when, 4750 48 Ohio State University, trustees of, 7946 170 Special meetings, how called, 4751 49 Text books, adoption of must be at regular meetings, 7713 106 Wilberforce University, trustees of, 7980 177 Memorial Day. Schools may be dismissed without forfeiture of teachers' pay, 7687.. 97 Miami University. Annual report, 7940 169 Appointment of trustees , 7939 169 Duty of standing committee on colleges and universities of the legislature, 7941 169 Levy for, 7924 166 Military Academy. (See Academy.) Minor. Aiding or abetting delinquency of, under seventeen, 1654 21 Attendance at school of, 7767 119 Commitment to reformatory of, proceedings, 7774, 7780, 7782 122, 124 Employment of, between certain ages, when schools are in session, unlawful, 7767 ' 119 Proper parental care, denned, 1646 18 Money. (See Funds.) Month. School month, length of, 7689 97 Municipal University. (See University.) Museum. Association, rules for organization of, 9972-9974 194-195 Board of education may establish , 7643 86 Music. Special certificates in, may be granted, 7832 139 INDEX. 239 Narcotics. (See Scientific Temperance.) page Natural History Society. Regulations as to, 9972, 9973 " 194 New Year's Day. Schools may be dismissed without forfeiture of teachers' pay, 7687.. 97 Night Schools. Provisions for, 7679, 7680 95 Nominations. Members of boards of education, by petition, 4997 60 Non-Resident. Attendance at school, when permitted, conditions, 7681, 7682 95, 96 By agreement of boards, 7734 110 When one and one-half miles from school house, 7735 110 Boxwell graduates, privileges of, 7744, 7747 112 Normal Schools. Commission to establish 158 Physical training must be provided in, 7721 107 Scientific temperance, instruction in, at, 7725. 108 Penalty for failure to instruct, 7728 108 State normal schools established, 7891, 7898 157 Wilber force University normal department at, 7975-7986 195-198 Notice. Attendance at nearest school, notice to board not necessary, 7735. . . . 110 Board of education , meetings of , 4751 49 Educational institutions, notice of meetings of stockholders, 9957... 191 Purpose, name, notice of intended change, 9966 192 Election, notice of bond issue, 7625 80 Board of education, members of, 4839 60 Special districts, election in newly organized, 4739 44 Abandonment of, 4741-4743 44-15 Tax levy, election for, 7625 80 Township districts, election of director, 4717 39 Teachers' notice of examination, 7817, 7843 135, 142 Text books, publishers of, notice to, 7710 '. 105 Boards of education , given to . 771 1 105 Truancy, notice to parent. 7773 121 O Oath. Board of education, members and clerk of, 4746 46 Clerk of board of education , 4616 46 County auditor may administer, when, 7800 130 Election officers in townships , 4719 39 Enumerator , of . 7796 129 240 INDEX. Oath — Concluded PAGE Forms relating to 199-211 School officers, of, 4746 46 Schools specially endowed, trustees of, 7988 179 Special examiner of teachers, 7841 141 State commissioner of common schools, of, 353 13 Office. (See various officers, by name.) State commissioner of common schools can not hold, other, 354 13 Officer. (See various officers, by name.) Charges against, investigation of, 361-367 15-16 Oath of school officers , 4746 46 Ohio State University. Analysis of minerals, by professor of, 7963 174 Attorney General legal adviser of board of trustees, of, 7953 171 Board of Trustees. Faculty, compensation of, to fix, 7949 171 Further duties of board, 7948-7951, 7955-7958, 7961-7963 171, 172, 173,-174 Grants and devises of land may be received by, 7951 171 Management and control of, to.be vested in, 7950 171 Powers and duties of, 7956. ." 172 Provide for lecturers, board may, 7954 172 Branches taught at, 7955 172 Ceramics, department of, 7958, 7961 r 172-173 Clay working and ceramics, course in, 7958 172 Fund of, 7929 167 Irreducible debt of state, part of, 7971 175 Interest on fund of agricultural college, invested, how, 7972 176 Laboratory apparatus, models, and machinery, to be provided, 7962. 173 Meetings of board , 7946 170 Mines, school of, 7962, 7963 173, 174 Named 'The Ohio State University," 7943 ' 170 Officers of board, their duties, etc., 7944 170 Professor's employed to teach , 7963 174 Pupils, who may be admitted as, 7954 172 Report of trustees , 7947 170 Style and powers of board of trustees, 7943 170 Tax levy for, 7929 167 Terms of office of trustees, compensation and vacancies, 7942 169 Title of lands to vest in the state , 7952 171 Written analysis of fertilizers to be furnished, how, 7964 174 Ohio University. Sale of certain lands, 7932 168 Deed for, 7933-7935 168 Proceeds of, 7936 168 Tax on lands donated to, 7937, 7938 169 Order. Teachers' pay, for, illegal, when, 7786 126 Treasurer , order on , how drawn , 4768 55 Must produce order for all disbursements, 4770 56 INDEX. 24I Orphan Asylum. page Schools at, provisions for, 7676 94 Original Surveyed Township. Apportionment of funds, when county line divides, 7602 72 Funds how paid in such cases, 7585 68 Enumeration, when divided by county line, 7801 131 P Parent. Duty of, to send minor children to school, etc., 7762, 7763 117 Violation of act relating to, 7767 119 Patterson Law. Compensation of examiners, 7745 112 County commencements, 7744 112 Examinations, branches of study, 7740 Ill High school attended, character of, 7752 114 Township commencements, 7742 Ill Tuition, payment of, 7747 112 Penalty. Board of education, for failure to levy Continent fund, 7611 74 Clerk of board of education, for failure to make report, 7790 127 Corporation, unlawful employment of minors, 12975, 12982, 12986.. 122, 125 County auditor, failure to make statistical report, 7789, 7790 127 For failure to make enumeration return, 7792 128 Divulging examination questions, 12939 136 Embezzlement by board of education, 12878 58 Employing relative as teacher, 12932 52 Enumeration return , fraudulent , 12929 132 Member of board of education for receiving compensation, 12883... 52 Neglecting to train pupils by means of fire drills, 12900 88 Neglecting to instruct as to dangers of fire, 12901 88 Officers or agent interested in contracts, 12910, 12911 52 Parent or guardian , liable , when , 7773 121 school officers, non-enforcement of compulsory education law, 12981 125 Teachers' institute, executive committee, failure of, to report, 7866 149 Pension Fund for Teachers. Appropriation for by board of education, 7895 156 Board of education may create, 7875 152 Created and invested, how, 7877 152 Death of teacher, who shall receive, 7892 ' 155 Deductions from teachers' salaries, 7888 155 Penalties, fines, etc., to be paid into fund, 7894 156 Pension, amount of, 7883 154 Persons entitled to, 7882 154 Principal and income can be used, 7886 154 Resignation or removal of teacher, rebate, 7891 155 Retirement of teacher, 7882 154 Rules and regulations, 7893 155 16 S. I* 242 INDEX. Pension Fund for Teachers — Concluded. page "Teacher" defined, 7881 154 Treasurer of funds , 7889 155 Trustees, number, election, term, 7875, 787(i 152 When insufficient to pay teachers, 7885 154 Personal Property. (See Property.) Petition. Centralization of township schools, for, 472(! 41 Evening schools, for, 7679 95 Forms relating to 202 Nominations by, 4997 60 Special district, creation of, 4729 42 Transfer of territory, for, 4693 32 Physical Training. Instruction in required, where, 7721 107 Plat. Property to be appropriated for school purposes, plat of, 7624 79 School districts, plat of, 4692, 4693, 4706, 4711, 4714, 4716 31, 32, 35, 37, 39 President. Board of education , of , election , 4747 47 Absence of at meeting, who acts, 4747, 4753 47, 50 Order on treasurer, must sign, 4768 55 Record of proceedings, must sign , 4754 50 City Board of examiners, of, election, 7842 141 Clerk of board of education, bond of, to be filed with, 4774 56 County board of examiners, election of, 7815 135 Educational institutions, of, 9925 183 Process on board of education, served on, 4760 53 Teachers' institute, of, election, 7860 148 Private Schools. (See Colleges and Universities.) Report of , required , 359 14 Specially endowed, trustees for, 7987 179 Accounts of trustees , 7993 180 Bond of trustees, 7988 179 Duties of trustees, 7990 180 Oath of trustees, 7988 179 Vacancies, how filled, 7989 179 Visitors of, 7994 181 Probate Judge. Appropriation of property for school purposes, jurisdiction, 7624... 79 Compulsory education law, jurisdiction of, 7774, 7780 122, 124 County examiners, appointment of, 7811 134 Report of appointment, 7814 L35 Revocation of appointment, 7813 L35 Deaf children, report of, to be returned to, 7779 124 INDEX. 243 Probate Judge — Concluded. page Special districts, petition for creation of, when filed with, 4731 43 Change of boundary, of, 4732 43 Costs, security for, 4730 42 Fees, same as in civil cases, 4733 43 Funds, division of, by, 4732 43 Hearing on petition , 4731 43 Jurisdiction of, 4733 43 Notice of hearing, 4731 43 Petition, when district in two or more counties. 172!) 42 Remonstrance against formation of, 4730 42 Tax valuation of district, minimum, 4728 42 Transfer of territory, petition for, 4693 32 Costs , security f or , 4693 32 County auditor, certificate filed with, 4695 32 Funds, division of, 4696 32 Hearing on petition , 4694 32 Jurisdiction of, 4695 32 Notice of hearing, 4694 32 Petition, when district in two or more counties, 4693 32 Process. Service of, on boards of education, 4760 53 Professors. Educational institutions, appointment of, for, 9922.°" 182 Faculty, professors are members of, 9925 183 Powers of, 9925 183 Military academies, professors are members of board, 9960 191 Ohio State University, employment and dismissal of, at, 7949 171 Ceramics, department of, instructor in . 7961 173 Chemistry, analysis of fertilizers to be furnished by professor, in, 7964 174 Compensation of, how fixed, 7949 171 Mine and mine engineering, instructor in department of, 7962. 7963 174 Universities of municipalities, 7902 160 Proper Parental Care. Definition of, 1646 18 Property. School property, how sold or exchanged, 4749, 4756 49, 51 Exempt from taxation or executi< m . 17">!> 52 Prosecuting Attorney. Board of education, legal adviser of, 4761 53 Compensation of , 4762 53 Shall not be a member of board, 4762 53 Funds, fraudulent use of, duty as to report of examiner of. 367.... 16 Tteachers' institutes, duties as to, 7867 149 Duty of in Juvenile Court, 1664 23 Public Library. (See Library.) 244 INDEX. Publication. page Board of education, sale of property by, 4756 51 Building and repairing, bids for, 7623 78 Receipts and expenditures, by clerk of, 4776 57 City board of examiners, meetings of, 7843 142 County board of examiners, meetings of, 7817 135 Election notice, 4839 60 Publishers. Text book law, requirements of, 7709-7716 104-106 Pupils. (See Attendance.) Assignment of by board of education, 7684 96 Expulsion of, 7685 96 Suspension of, 7685 - 96 Tuition of, may be paid by agreement between boards, 7734 110 Q Qualifications. Examiners, of, 7811, 7838 134, 140 Teachers in common schools, 7830-7833 138-139 In city and village districts, 7821, 7840 136, 141 Quorum. Board of education, of, what constitutes, 4752 50 Business that a majority of a quorum cannot transact, 4752 50 Educational institutions, what constitutes, 9943 170 Real Property. (See Property.) Receipts and Expenditures. Board of education, clerk of to prepare and forward to county auditor, 4775, 7787 57, 127 Publication of, 4776 57 Record. Board of education, how kept, 4754 50 Approval of, 4754 50 Public record, is, 4754 50 Bonds , record of issue , 7626 82 Educational institutions, of, 9967 175 Relief. Board of education may afford to needy children, 7777 123 Religion. School funds, religious sects shall have no control of, Art. VI, Sec. 2 7 INDEX. 245 Reports. page Board of education, financial and statistical, 4775, 7787, 7788 57, 127 City board of examiners, to state school commissioner, 7854 144 Appointment of, report, 7839 141 City districts, publication of reports, 7785 126 Clerk of board of education, of, 4775, 7787, 7788 57, 127 Enumeration, report of, to auditor, 7799 130 Failure to make, other person to be appointed, 7789 127 Financial , publication of , 477G 57 Penalty for failure to make, 7790, 7791 127, 128 Teachers' report to be filed with, before order is drawn for pay of , 7786 126 Colleges, report of, 359 14 Copies of all reports may be required by the state commissioner, 355 13 County auditor, to state commissioner, 7789 127 Enumeration returned by, to state commissioner, 7803 131 Penalty for not making, or for making fraudulent reports, 7790, 7792, 12929 127, 128, 132 Report of clerk to, failure to make, auditor may appoint other person, 7791 128 County board >f examiners, clerk of, to make, 7815, 7820, 7836.... 135, 136, 140 Enumeration return by clerk to auditor, 7799 130 County auditor to state commissioner, 7803 131 Original surveyed township, by auditor, 7801 131 Examiner of school funds, report of, 362-366 15-16 Ohio State University, report of teachers, 7947 170 Private schools, report required, 359 14 Probate judge, appointment of school examiners, 7811 134 State commissioner of common schools, report of, 360 14 Superintendent of schools of, 7784, 7785 126 Teachers, report of, 7772, 7784 121, 126 Report must be filed with clerk before order is drawn for pay of, 7786 126 Treasurer of board of education, to auditor, 4770 56 Truant officer, reports of, 7771, 7777, 7779 120, 123, 124 Penalty for failure to make, 12981 ". . 125 Visitors to certain endowed schools, to report, 7994 181 Wilberforce University, report of trustees, 7984 178 Representative. (See General Assembly.) Returns. (See Elections, Reports.) Revocation. (See Certificate.) Rules and Regulations. Board of education , 4750 4S County board of examiners, for, 7816 135 Teachers' pension fund, for, 7893 155 Vaccination, rules for, 7686 97 S Sale. Board of education, sale of property by, 4756 51 Text books, sale of, 7709-7716 104, 106 17* s. 1,. 246 INDEX. Salt and Swamp Lands. page Proceeds of sale of, how applied, 7577, 7578 6$ Salaries. (See Compensation.) May be increased, but not diminished, 7690 98 Minimum , 7595 70 Scholarships. Stock of colleges, etc., may be changed into, 9927 183 Schools. Admission of non-residents, by agreement of boards, 7734 110 Boxwell examinations for high school attendance, 7740 Ill Children's homes, school, at, 7676 94 Closing of, on holidays, 7687 97 During session of teachers' institute, 7869 150 Continued, must be, how long, 7644 87 Conveyance of pupils, to, 7730, 7732 109 Deaf children, schools for, 7755-7761 114-115 Dismissal of, on holidays, 7687 97 Teachers, to, attend institute, 7869 150 Examination of schools, by city boards of examiners, 7840 141 1 Evening schools, 7679, 7680 95 Free to whom, 7681 95 German language , in , 7729 108 High schools, 7649-7672 89-93 Teachers' certificate in , 7831 139 Infirmary , schools at , 7676 94 Janitor of, 7690 98 Number of, required, 7644 87 Orphans' asylum, schools at, 7676 94 Physical training in, 7721 107 Private schools , report of , 359 14 Pupils, admission of, etc., 7681, 7682 95, 9v : . Attendance enforced, 7762, 7763 11" Non-resident, attendance of, 7681, 7734, 7735 95, 110 Scientific temperance, instruction, in, 7723 108 State commissioner of common schools, as to, 352-367 13-16 Studies, 7648, 7649 89 Text books, in, 7709-7716 104-106 School Books. (See Text Books.) School Book Commission. Membership of, 7710 105 Price of text books, maximum, fixed by, 7710 105 Publishers, failure to furnish books, action by commission, 7712 105 School Districts. (See City, Village, Special and Township.) Classification of , 4679 29 Territory, transfer of, 4692-4695 31-32 School Funds. (See Funds.) INDEX. 247 School Houses. page Advertising by board of education for bids for building, etc., 7623.. 73 Appropriation of land for, 7624 79 Boards of education, to provide, 7620 77 Directions for bidding for and letting contracts, 7623 78 Bonds for, 7626-7630 82-83 Building, repairing, etc., 7620 77 Contracts, directions for bidding and leting, 7623 78 Entertainments, use of school house for, 7622 78 Exempt from taxation and execution , 4759 52 Flag, display of, 7621 78 Taxation , exempt from , 4759 • 52 Tax levy for, when and how submitted to voters, 7625 80 Bonds of, 7626 82 Certificate of levy, to county auditor, 7628 82 School Rooms. Renting of by boards of education , 7(320 77 Schools Specially Endowed. Provisions relating to, 7987-7994 179-181 Scientific Temperance. Board of education, to require instruction, in, 7724 108 Educational institutions, required to teach, 7723 108 Normal schools, instruction in, at, 7725 108 Penalty for non-enforcement, 7728 108 Regular branch of study, to be, 7723 108 State commissioner of common schools, duties as to, 7727 108 Teachers' certificates, not granted without examination in, 7726 108 Institute, instruction at, 7725 108 Secretary of State. Educational institutions, articles of incorporation riled with sec- retary, 9923, 9970 183, 194 Fees of, 8871 194 School book commission, is a member of, 7710 105 State commissioner of common schools, bond of, to be filed with, 353 13 Section Sixteen. Enumeration of youth , in , 7794 129 Funds derived from, investment of, 7579, 7580 6Q Senator. (See General Assembly.) Session. Schools of , length of time , 7644 87 Settlement. Treasurer of district, with countv auditor, 4770, 4772 56 .248 INDEX. Sinking Fund. PAGE Board of education shall establish, when, 7613 75 Board of commissioners of , 7614 75 Investment of, 7615 76 Refunding debt, 7616 76 Report of, 7617 76 Securities may be sold, 7615 76 Sites. Board of education to furnish, 7620 77 Bonds for, 7626, 7629 82, 83 Solicitor. (See City Solicitor.) Special Districts. Abandoned, how, 4741-4744 44-45 Board of education, membership of, 4736 44 Election of, 4738 44 Organization of , 4747 47 Terms of members, 4737 44 Clerk of board of education, election of, 4747 47 Compulsory attendance in , 7762-7783 117-125 Conveyance of pupils, 7732 109 Continuance of district, 4741-4743 44-45 Defined, 4G84 30 Election in , how conducted , 4738 44 In new district , 4739 44 On abandonment , 4741-4743 44-45 Established by petition, 4728-4732 42-43 Funds, division of on creation of, 4732 43 Officers of, continued in office, 4735 43 President, election of, 4747 47 Tax levy, maximum for, 7591-7592 69, 70 Territory transferred from one district to another, 4692, 4693 31 Treasurer , election of , 4763 54 Tuition, payment of under "Boxwell law," 7747 112 Special Meetings. Boards of education , of , 4751 49 Notice necessary, 4751 49 State Board of Examiners. Appointment of , 7805 133 Certificates issued by, 7807 133 Compensation of members, 7810 • 134 Examination fees, disposition of, 7809 134 Term of members, 7806 133 Vacancies in , how filled , 7806 133 State Commissioner of Common Schools. Appeal to, by applicants for teachers' certificate, 7857, 7858 144 Board of examiners, report of appointment of members of, to 7814, 7839 135, 141 Report of board, to, 7836, 7854 140, 144 INDEX. 249 State Commissioner of Common Schools — Concluded. page Bond of, 353 13 Books and papers, preservation of, 354 13 City districts, may sub-divide when board fails to act, 4701 34 Colleges, reports of, to, 359 14 County auditor, reports of, to, 7780, 7803 127, 131 Duties. Attendance of, at office, required, 351 13 Certificate to county auditor for receipt of reports, 7793 128* Examination question's, uniform system prescribed, duties as to, 7819 136 Forms prepared, and furnished by, 357, 356, 7788 14, 127 Laws, preparation and distribution of, 356 14 School funds, investigation of, duties as to, 362 15 Scientific temperance, duty as to, 7727 108 Visitations by, 354 13 Election of, 352 _ 13 Enumeration return to , 7803 131 Action by, when enumeration excessive, 7804 131 Forms for blank books, report blanks, etc., prepared by, 356, 357, 7788 14, 127 High schools, shall classify, 7661 91 Office of, where located, 354 13 Report of, publication, contents, 360 14 Copies of all reports of school officers and any other information may be required by the commissioner, 355, 7788 14, 127 School book commission, is a member of, 7710 105 School funds, supervision over, 355, 362 14, 15 State board of examiners, appointment of members, by, 7805 133 State certificates, countersigned by, 7808 134 Superintendent or teacher, commissioner shall not be, 354 13 Teachers' institute, report of, to, 7863, 7865, 7874 149, 151 Commissioner may hold institute, when, 7868 149 Term of, 352 13 Text books, filed at office of, 7709 104 Notice to boards of education, 7711 105 Price, maximum, fixing of, 7710 105 Publishers' list price, filing of, 7709 104 Notification to, 7710 105 Vacancy in office, of, how filled, 352 IS State Common School Fund. (S$e Funds.) State Certificate. (See Certificate.) State School Book Commission. (See School Book Commission.) State Treasurer. Bond of state commissioner of common schools, to be filed with, 353 13 Statistics. Report of, 4775, 7784, 7787-7789 65, 126-127 Statutes. Interpretation of, 27 li 25O INDEX. Stockholder. page Educational institutions, assessments of, 9956-9959 -» 191. Studies. (See Branches of Study.) Sub-districts. (See Director.) City districts, certain cities shall be sub-divided, 4700 34 Redistricting, 4701 34 State school commissioner to act when board fails, 4701 34 Township districts, election of director, powers and duties, 4717- 4722 39^0 Enumeration taken by director , 4722 40 Existing sub-districts recognized for school attendance, 4716... 39 Change of, 4716 39 Summons. Board of education, summons for, 4760 53 Superintendent of Buildings. Appointment of by board of education, 7690 98 Superintendent of Schools. Appointment of, 7690, 7702, 7705 98, 103 Board of education, elected by, 7690, 7702, 7705 98, 103 City boards of examiners, to give information to, 7841 141 Compensation of fixed by board of education, 7690 98 Duties of, 7703 103 Employment of, 7690, 7702, 7705 98, 103 Order for pay of, when illegal, 7786 126 Penalty for failure to enforce temperance instruction law, 7728 108 Private teacher, is judge of qualifications of, 7763, 7767 117, 119 Pupils may be excused from attendance by, 7763 117 Suspension of, by, 7685 96 Reports required of, 4775, 7784, 7786, 7788 57, 126, 127 Teacher, may appoint in city districts, 7703 103 Suspension of, by, 7703 103 Term of, maximum, 7702, 7705 103 Truant officer, directions to, by superintendent, 7771, 7773 120. 121 Report of, to superintendent, 7771 120 Suspension. Director in city districts, may be, 7698 102 Pupils may be suspended from schools, 7685 96 Schools may be suspended in subdistricts, when, 7730, 7731 109 Discontinued in sub-districts, when, 4726 41 Schools specially endowed, suspension of trustees of, 7989 179 Teacher may be, by superintendent in city districts, 7703 103 Swamp Lands. Interest upon proceeds of sale of, disposition of. 7577, 7578 66 INDEX. 251 Tax. Board of education, regular tax levy, by, 7586, 7587 Certificate of, to county auditor, 7594 Maximum levy by, authorized , 7591 Special levy by, election for, 7628 Manual training school , tax for, 7722 Compulsory education law, tax authorized, when, 7738 Election on question of special levy, 7592, 7593, 7625 High schools, township districts, tax for, 7668 Township or joint township high school, election on question of levy for , 7669 Election not necessary, when, 7669 Maximum levy for all districts , 7591 Ohio State University , tax for , 7929 Ohio State University, lands of, on, 7935, 7937, 7938 Property of board of education, exempt from, 4759 School property, exempt from taxation, Art. XII, Sec. 2, 4759 School tax paid by non-residents to be credited on tuition, 7683.... Special levy, election on question of, 7625 Certificate of, to county auditor, 7628 State school tax , 7575 Tax levy , maximum for schools , 7591 Estimate for, certified to county auditor, 7594 Levy to exceed maximum, must be submitted to vote, 7592 Universities of municipalities, for, 7908, 7909 PAGE 68 70 69 82 107 110 70, 80 , 92 92 92 69 167 168, 169 52 8, 52 96 80 82 65 69 70 70 162 Teachers. Appointment of, 7691, 7703, 7705 Certificate granting of, 7807, 7821, 7844 133, Branches of study necessary, 7726, 7830, 7832 108, Elementary 7830 Fee required for, 7809, 7818 High school , 7831 On diploma, 7825, 7858-1 to 7858-7 137, Original or copy must be filed with the clerk "of the board of education , 7786 Prerequisite to employment of, 7786, 4777 Revocation of, 7808, 7822, 7850 134, Special , 7832 Compensation of, how fixed, 7690 Dismissal of, 7665, 7701, 7703 • For insufficient caus'e. may institute suit, 7708 Duties of , 7707 Elementary schools, certificates for, 7830 Employed as , who may be , 7830-7832 Epidemic, shall receive pay when schools are closed on account of, 7690 Examination of, for certificates, 7817. 7810. 7821-7827, 7829-7832, 7850 135. 136-137, 138-139, High schools in townships, teachers in, 7665 Certificates for, what required , 7831 Holidavs. may dismiss schools on, 7687 100, 103 136, 142 138, 139 138 134, 136 139 145-147 126 126, 57 137, 143 139 98 92, 103 104 104 138 138-139 98 141-143 92 139 97 252 INDEX. Teachers — Concluded. page How paid 214 Institute, may organize, 7859, 7871 148, 150 Schools may be dismissed for teachers to attend, 7869 150 Teachers shall receive pay for attendance, 7870 150 Investigation of, by county examiners, 7827 137 Janitor work not required of, 7707 104 Order for pay of, when illegal, 7786 126 Pension fund. (See pension fund for teachers.) Qualifications for employment in schools, 7726, 7830, 7832 108, 138-139 Report of schools, required by, 7777, 7786, 7784 ..121, 126 Salary , minimum of , 7595 70 Clerk authorized to draw warrant for, when 214 Scientific temperance, must be examined in, 7726 108 State commissioner of common schools, duties as to, 354, 7858 13. 144 Suspension of pupils by, 7685 96 Term of appointment, maximum, 7691, 7705 100, 103 Teachers' Institute. Bond of executive committee, 7863 149 Forfeiture of bond, 7867 149 City districts, institutes for, 7871 150 Funds for, how provided, 7820, 7855, 7872 136, 144, 150 County auditor to pay to executive committee, 7864 149 Unexpended balance to be returned to county treasury, 7864... 149 Organization of , 7859 148 Purpose of, 7859 .' 148 Report to state commissioner of common schools, 7865, 7874 149, 151 Penalty for failure to report , 7866 149 Scientific temperance, instruction in, required, 7728 103 Sessions, length of, 7874 151 State commissioner of common schools, to visit, 354 13 May hold institute, when, 7868 149 Teachers may dismiss school to attend, 7869 150 Shall receive pay for attendance, 7870 150 Temperance. (See Scientific Temperance.) Territory. Annexed for school purposes, 4690, 4691 31 Detached for school purposes, 4680-4683 29-30 Transfer of, 4692-4694 31-32 Text Books. Adoption of by boards* of education, 7713-7716 106 Board of education, may appoint agent for sale of, 7715 106 Failure of publishers to furnish, action taken by board, 7712. . .. 105 Notice to, of publishers entitled to sell books, 7711 105 Purchase and sale of, by, 7713-7715 106 Exchange of, with pupils, 7716 106 Failure of publishers to furnish, action to be taken by commission, 7712 105 Filing of, in office of state school commissioner, 7709 104 Free school books , 7739 Ill INDEX. 253 Text Books — Concluded. page Notice to publishers, 7710 105 Price of, how fixed, 7710 10 j Publishers' price, filing of, 7709 104 School Book Commission, how constituted, duties, 7710, 7712 105 Thanksgiving Day. Dismissal of schools, on, 7687 07 Tie Vote. Election of member of board of education, tie vote decided by lot, 5121 61 Toledo University. Provisions applying to, 7915-7922 163-165 Township Districts. Attached territory, assignment of, 4714 39 Electors in , voting of , 4714 39 Board of education, election of, 4712, 4713, 4862, 4997, 4998, 5049, 5120, 5121 • 38, 60, 61 Meetings of, 4715, 4747 39, 47 Special meetings, how called, 4751 49 Membership of, 4712 38 Organization of, 4747 47 Payment of teachers, may provide for 211 Centralization of, 4726, 4727, 7730, 7731 41, 109 Clerk of, 4747 47 Commencements, held in, 7742 Ill Expenses of, how paid, 7746 112 Compulsory attendance, in, 7762-7783 Contingent fund, apportionment to, 7600, 7602 71, 72 Defined, 4683 30 Director, election of, 4717 39 Enumeration taken by, 4722 40 Powers and duties of, 4722 40 Forms relating to 199-211 High schools in, 7663-7672 91-92 Joint sub-districts abolished , 4723 40 Attached to township district, 4723 40 Map of, filed with county auditor, 4724 40 Map of, 4716 39 Sub-districts recognized for school attendance, 4716 39 Discontinued, when, 7730, 7731, 4726, 4727 109, 41 Number of schools required in, 7646 89 Schools of, continued same length of time, 7644 87 Tax levy authorized , maximum , 7591 69 Teacher, election of, in, 7691, 7705 100, 103 Territory transferred, how, 4692-4695 31-32 Treasurer of. (See board of education, treasurer of) Tuition, payment of to high school, 7734, 7747 110, 112 Township Treasurer. (See Treasurer of Board of Education.) Board of education, is ex-officio treasurer of, 4763 54 254 INDEX. Township Trustees. page Corpse, surrender of by, for dissection, 9984 197 Relief of indigent children, to secure school attendance, 7777 123 Vaccination of pupils, duties as to, 7686 97 Transfer. Funds , amount that may be , 5655 80 Surplus of special tax or loan, 5654 80 Surplus in established fund , 5655 80 When may be , 5655 80 Pupils of, from one district to another, 7734 110 Assignment of, 7684 96 When pupil lives more than one and one-half miles from school , 7735 110 Territory from one district to another, 4692-4695 31-32 Form for 205 Transportation. Centralized townships, of pupils in, 4726, 4727 41 Special districts , of pupils in , 7732 109 Sub-districts, of pupils in, 7730, 7731 109 Traveling Expenses. Examiner of school funds , of, 366 16* State examiners, of, 7810 134 Treasurer of Board of Education. . Accounts of , how kept , 4778 G6 Bond of , execution of , 4764 54 Copy of, to be filed with county auditor, 4766 55 Funds must be produced and counted, on filing of bond, 4767.. 55 New bond may be required, 4765 54 Compensation of , 4781 58 Disbursements by , 4768 55 Election of , 4763 54 Forms relating to 199-211 Funds, amount treasurer may hold, 4769 55 Embezzlement by, penalty for, 12878 58 May receive or pay money, when, 4768 55 Orders on , how drawn , 4768 55 Receipt of moneys , by , 7594 , 4768 70 , 55 School district, treasurer of, how selected, 4763 54 Settlement with county auditor, 4770 56 Penalty for failure to make, 4772 56 Successor, delivery of property to, 4773 56 Teachers' institute in city districts, funds of, to be paid to county treasurer , when . 7873 1 50 Term of , 4763 54 Treasurer of County. (See County Treasurer.) Trial. Blind children, hearing to determine advisability of sending to state m rut ion. for 7778 124 INDEX. 2 55 Trial — Concluded. Deaf and dumb children hearing to determine advisability of send- '"* mg to state institution, for 7778 pari':;; tr' 6 ^ persons - *™«««*> <^v ™ ]U . T ^S2SSK^^ to «--^"ii: 122 Teacher, trial of, b y school examiners, re£™::;::;;;;;; ";;;;$■ }® Truant. Forms relating to truancy Juvenile disorderly person, truant' is ' ' 7 768 2U Penalties, 7774, 12977 120 Proceedings against, 7773-7775 ' ' 122 Report of, by principal and teachers ' '7772 12M23 121 Truant Officer. Complaint by, against child 7774 Deaf, dumb and blind children, report 'of " 7778 122 terms relating to duties of.... 124 Notice to parents, 7773 199-211 Parent, warning to, by 7773 121 Penalty, for neglect of duty, 12981-12985 121 Powers and duties, 7770 7771 125 Relief of indigent child, report of "7777 120 Report to, by principals and teachers 7779 123 ' 121 Trustees. (See Township Trustees.) Umversities of municipalities, trustee of property of 7917 Educational institutions, trustees of, 9922 99 79 164 Ohio State University, of 7943-79 72 182 - 196 Schools specially endowed,' trustees of,' ' 7987^994 JI?" 176 Wilberforce University, of, 7975-7986 179 ~ 181 176-178 Tuition. Free, when, 7681 Non-residents, entitled to credit of '