LIBRA RY OF C ONGRESS. Skelf ...... ,\s^^. UNITED STATES OF AMERICA. ■ \^t,m-^'MMm'& ■'€-■■■ SCHOOL LAW TEMITOM OF WASHOGTON, PASSED BY THE LEGISLATIVE ASSEMBLY AT ITS THIRTEENTH REaULAR SESSION, BEGUM" AHD HELD AT THE CITY OF OLTMPIA, THE SEAT OP GOVEKNMEWT, ON MONDAY, DEC. 4, 1865. THREE THOUSAND COPIES ORDERED PRINTED. OLYMPIA: T. F. Mcelroy, printer. 1866. L J5z sz f SCHOOL LAW TERRITORY OF WASHOGTON. AN ACT ESTABLISHING A COMMON SCHOOL SYSTEM EOR THE TERKITORY OF WASHINGTON. CHAPTER I. Sec. 1, School fund, how provided. Annual division of interest. 2. Duty of county commissioners to levy annual tax for school purposes. Appropriation thereof. 3. Fines, &c., to be added, to be apportioned as school fund. 4. County auditor to report yearly tax, and clerk of district court and justices of the peace to report fines imposed, &c. Section 1. Be it enacted hy the Legislative Assembly of the Territory of Washington, That the principal of all moneys accru- ing to this Territory from the sale of any lands heretofore given, or which may hereafter be given by the Congress of the United States for school purposes, shall constitute an irreducible fund, the interest accruing from which shall be annually divided among all the school districts in the Territory, proportionally to the number of children or youth in each, between the ages of four and twenty-one years, for the support of common schools in said districts, and for no other use or purpose whatever. Sec. 2. For the purpose of establishing and maintaining 4 SCHOOL LAW. common schools, it shall be the duty of the county commission- ers of each county, to levy an annual tax of three mills on a dol- lar, on all taxable property of the county, as shown by the as- sessment rolls made by the county assessor for the same year, and to include the same in their warrant to the collector, and the said collector shall proceed to collect the said tax in the same manner as other county tax is collected, and the said money so collected shall be paid over to the county treasurer, to be appro- priated for the hire of school teachers in the several school districts, to be drawn in the manner hereinafter prescribed ; neither shall it be lawful for any county treasurer to receive county orders in payment for count}" school tax, nor to pay out any school money on county orders. Sec. 3. For the further support of common schools, there shall be set apart by the county treasurer, all moneys paid into the county treasury, arising from all fines for a breach of any law regulating licenses for the sale of intoxicating liquors, or for the keeping of bowling alleys or billiard saloons, or of any penal laws of this Territory. Such moneys shall be paid into the count}" treasury, and be added to the yearly school fund raised by tax in each county, and divided in the same manner. Sec. 4. That it shall be the duty of the county auditor of each county, to report to the county superintendent of common schools, at least twenty days before the first Friday in Novem- ber of each year, the amount of school tax levied in their re- spective counties for that year, and that it be the duty of the clerk of the district court, at the close of every term thereof, to report to the superintendent the amount of fines imposed during said term of court ; and that it be the duty of all justices of the peace to report to the superintendent, at least twent}" days before the first Friday in November of each year, the amount of fines imposed and collected by them for the past year. SCHOOL LAW. 6 CHAPTER 11. COUNTY SUPERINTENDEDTS. Sec. 1. Election and term of office of county superintendent. 2. To qualify. Oath to be filed. 3. To divide county into districts. Keep a map, and lay off new and divide old districts. 4. Notice of formation of district and proceedings thereon. 5. Superintendent when to be at county seat to examine teachers. To give notice. His compensation. 6. Examination of teachers. Certificates to be given, and may be revoked, when. 7. Superintendent to visit schools yearly. To encourage education, &c. 8. Annual report of superintendent. 9. Annual apportionment of school fund to be made, when. Notice thereof to be given. Who excluded from apportionment. 10. Distribution of school fund, how made. 11. Compensation of superintendent. Sec. 1. There shall be elected by the legal voters of the respective counties, at the annual election, a county superintend- ent of common schools for each county, who shall hold his office for the term of three j^ears ; and in case of a vacancy occurring in said office by removal, death, or otherwise, the county com- missioners of each county be, and they are hereby authorized and directed to appoint a county school superintendent in all cases of vacancies in their respective counties, who shall hold his office and perform the duties of county school superintend- ent until his successor is elected and qualified according to law. The superintendent so appointed is hereby authorized and di- rected to receive district reports of scholars, &c., as by law required, and make the district apportionment of funds for the present year, and the county treasurer is hereby directed to pay the funds so apportioned, upon the order of said superintendent. Sec. 2. The superintendent shall qualify within ten days after notice of his election, by taking an oath to faithfully dis- 6 SCHOOL LAW. charge the duties of his office, and to the best of his abiHty pro- mote the interest of education within his county ; which oath shall be in writing, and placed on file in the county clerk's office. Sec. 3. It shall be the duty of the superintendent to dis- trict the whole county, so that every resident of the county shall be included in some district ; and to divide such portion of his county as shall be inhabited, into convenient school districts ; to define the boundaries and numbers ; and to prepare and keep in his office a map of the districts of the county, upon which the lines and boundaries of each district shall be clearly defined ; he shall lay off new districts, or divide old ones, when the public good shall require it. Sec. 4. Whenever any school district shall be formed by the superintendent, it shall be his duty to prepare a notice in writing of the establishment of such district, describing its boundaries, and to deliver the same to some taxable inhabitant of such district, who shall have asked for the formation of the same. It shall be the duty of said inhabitant, within two weeks after the receipt of such notice, to notify the other inhabitants of the district of the time and place of the first district meet- ing, which time and place he shall fix by written notices, and which shall be posted up in three public places in the district, at least ten days previous to the time of meeting. In case the inhabitants fail to attend in sufficient number to do business as hereinafter directed, notice may be renewed at such times as may be thought proper. Sec. 5. It shall be the duty of the county superintendent to be at the county seat on the third Friday and Saturday of May and November of each year, for the purpose of examining teachers, and for the transaction of other business; and he shall give ten days' public notice of the same, by posting up hand-bills or otherwise. And any person or district applying on different days for the transaction of such business, shall pay the superin- tendent a reasonable compensation for his trouble, not exceed- ing the sum of two dollars, and any teacher examined on a dif- ferent day shall pay the superintendent the sum of two dollars. SCHOOL LAW. 7 Sec. 6. It shall be the duty of the superintendent to ex- amine all persons who wish to become teachers in his county ; he shall examine them in orthography, reading, writing, arith- metic, English grammar and geography ; and if he be of the opinion that the person examined is competent to teach said branches, and that he or she is of good moral character, he shall give such person a certificate, certifying that he or she is quali- fied to teach a common school in said county ; such certificate shall be for the term of one year only, and may be revoked sooner by the superintendent for good cause. But in the ex- amination of teachers, he may make a distinction according to qualification, granting a certificate of qualification to teach in any specified district, if the applicant therefor be qualified for the school of such district, and not a county certificate, which certificate so granted, shall only be for six^ionths, and may for good cause be sooner revoked. Sec. 7. The superintendent shall visit all the schools in his county, at least once a year ; he shall give such information and encouragement as he may think necessary, and endeavor to promote the introduction of a good and uniform system of school books throughout the county. Sec. 8. It shall be the duty of the superintendent to re- ceive the district reports hereinafter provided for, and keep them on file in his ofiice ; and he shall, on or before the first day of December of each year, make out from the district reports, a statement of the number of scholars in the county, the num- ber of school libraries, the number of school houses, the number of districts ; in how many districts a school has been kept in the past year ; what school books are principally used ; what pro- portion of all the scholars in the county have attended school for the past year, and the amount of money paid to teachers. This statement, together with such other information and sug- gestions as he may deem important to the cause of education, he shall file in his office, and may, if convenient, publish it in some newspaper in this Territory. Sec. 9. It shall be the duty of the superintendents, at the same time, to make an apportionment of the school fund in the 3 SCHOOL LAW. county treasury among the several school districts in tlieir re- spective counties, in proportion to the number of persons in the district over the age of four and under tM^enty-one years, and certify the amount due to each district, which shall be drawn as hereinafter directed, and shall forthwith notify the clerks of the school districts of the amount due their respective districts. But he shall not include as entitled to receive any apportion- ment any non-resident attending at a boarding school, academy, charitable institution or lunatic asylum. Sec. 10. When the district shall have complied with the law, as hereinafter directed, it shall be the duty of the superin- tendent to issue orders on the county treasury in favor of the clerks of the districts for the amount of the school funds appropri- ated to each ; on the presentation of which order the treasurer of the county shall ^ay over to the clerks of the districts all moneys due the respective districts, and the clerks shall endorse on said order a receipt for so much as shall be paid thereon, and they shall also sign a duplicate receipt, which shall be deposited with the superintendent, who shall credit the treasury of the county therewith and charge the same to the proper district. Sec. 11. The said superintendent shall be allowed out of the county treasury, in compensation for his services, the sum of twenty-five dollars a year. The county commissioners may, in their discretion, if they think the services rendered demand it, increase his salary to any sum, not exceeding five hundred dol- lars a year : Provided, also, That a proper allowance shall be made in addition thereto for necessary books and stationery and for preparing of the map required by section three. CHAPTER m. OF SCHOOL DISTRICTS. Sec. 1., School meeting to organize new districts may be called- What shall constitute a quorum. 2. Pcwers of such meeting. 3. Organization of meeting. Election of directors and their term of office. 4. Further as to term of office of directors. SCHOOL LJlW. 9 Sec. 5. Directors to qualify, oath to be filed. 6. Duty of directors. 7. Two directors a quorum. 8. Directors to visit schools. To procure introduction of uniform school books. 9. Election of district clerk, his term of office. 10. His duties. 11. Annual report of clerk, what to contain. 12. Annual account of clerk to be read to meeting. To pay over funds to successor. Upon failure to do so, suit to be brought. 13. Clerk to be treasurer of district. 14. To retain money coming into his hands, subject alone to order of directors. 15. Teachers to procure certificates, further duties. Sec. 1. A school meeting may be called at any time for the purpose of organizing a new district, as provided in section four, chapter two. No number less than five legal voters shall constitute a quorum to do business in any district meeting. Sec. 2. Such school meeting shall have power to do all necessary business the same as the regular annual school meet- ing would have. Sec. 3. Such meeting when assembled, shall organize by the appointment of a chairman and secretary. It shall then proceed by ballot to elect three directors. Of those so elected, the person having the highest number of votes shall hold his office for the term of three years, and the person having the' next highest number shall hold his office for two years, and the person next highest, one year, and each shall continue in office until his successor is elected and qualified. In case two or more persons of those so elected receive an equal number of votes, the duration of their term of office shall be determined by lot, in the presence of the chairman and secretary. Sec. 4. The term of office of a director not elected at the regular annual meeting, shall continue for the term of one, two or three years, as he may have been elected, from the next an- nual school meeting, unless such director shall be elected to fill a vacancy, in which case he shall continue in office for the unex- pired term; so that at every annual school meeting after the 9, 10 SCHOOL LAW. first, there shall be elected one school director for the term of three years. • Sec. 5. The directors shall qualify within ten days aftef their election, by taking an oath or affirmation faithfully to dis- charge the duties of the office to the best of their abilities, and to promote the interest of education within their district. This oath shall be in writing and filed with the clerk of the district. Sec. 6. It shall be the duty of the directors of every school district: 1. To call special meetings of the district whenever they shall deem it necessary, and when a vacancy occurs by death, resignation or otherwise, the directors shall call a special meet- ing of the district to fill such vacancy. 2. To procure from county auditor a list containing the names of the taxable inhabitants in the district, and the amount of district tax payable by each inhabitant set opposite his name. 3. To annex to such tax list a warrant directed to the clerk of the district for the collection of the sums in such list mentioned, including such percentage for fees of clerk as they may deem just, not exceeding five per cent. 4. To purchase or lease a site for the district school house as designated by a meeting of the district, and to build, hire or purchase, keep in repair and furnish such school house with necessary fuel and appendages, out of the funds collected and paid to the clerk for such purpose, and to have the custody and safe keeping of the district school house. 5. To contract with and employ teachers; and they shall require a teacher to get a certificate from under the hand of the county superintendent, as provided for in section six, chapter two. No engagement with a teacher shall be valid so as to en- title any district to draw their apportionment of public money, unless such examination has been previously made. 6. To give orders to the teachers on the district clerk for their wages. 7. To discharge any school teacher for neglect of duty, or any cause that in their opinion renders his or her services un- profitable as a teacher, by first paying him or her for what time he or she may have been teaching. SCHOOL LAW. 11 Sec. 7. Any two of said directors shall constitute a quo- rum to do business. Sec. 8. It shall be the duty of the directors to visit and examine the school or schools of their respective districts at least twice in each term. They shall endeavor, in connection with the county superintendent, to procure the introduction of a good, uniform system of school books in their district. CLEEKS. Sec. 9. The first annual school meeting shall also elect a district clerk, who shall continue in office for the term of three years. He shall qualify within ten days after his election, in the same manner as the directors, and give bond to the district directors in such sum as they may require, that he shall well and truly perform the duties of his office, and pay over all moneys coming into his hands by virtue of his office, as by law directed. If a clerk be elected to fill a vacancy, he shall con- tinue in office for the unexpired term; and if elected at the first meeting, not being the regular annual meeting, he shall continue in office three years from the next annual meeting. Sec. 10. It shall be the duty of the clerk of the district — 1. To record the proceedings of his district in a book to be provided for that purpose by the district. 2. To give notice of annual or special meetings. 3. To procure a list of all residents in the district between the ages of four and twenty-one years, excepting those, if any, who are attending at boarding schools, academies, charitable in- stitutions or lunatic asylums. 4. To give due notice, at least ten days before any tax that may be assessed shall be collected, by written or printed notices in three of the most public places in the district. 5. To collect all district taxes which he shall be required by the warrant from the directors to collect, within the time limited in each warrant for its return; and he shall have the same authority as the county collector to enforce the collection of such tax, and he shall be allowed for collecting, such per- centage as the directors may deem proper. 12 SCHOOL LAW. 6. To retain a copy of all reports made to the county su- perintendent relating to the affairs of the district. Sec. 11. It shall be the duty of the clerk to furnish the county superintendent, within ten days after the first Friday in November of each year, a report containing the number and names of persons in his district over four and under twenty-one years of age; excepting those who may be attending at boarding schools, academies, charitable institutions or lunatic asylums; how long a school has been kept in his district by a qualified teacher during the past year; what school books are principally used; what proportion of the scholars in the district have at- tended school, and the amount of money paid to teachers, or otherwise expended. Sec. 12. The clerk of each district shall, at the close of each year of his office, make out in writing a just and true ac- count of all moneys received by him for the use of the district, and the manner in which the same shall have been expended, which account shall be read at the annual district meeting. The clerk shall pay over all moneys remaining in his hands belong- ing to the district to his successor, when his successor has legally qualified, and upon a refusal or neglect so to do, the directors shall forthwith bring suit upon his bond. Sec. 13. District clerks shall be treasurers of their re- spective districts. Sec. 14. All moneys coming into the hands of the district clerks shall remain in the hands of such clerk or clerks, subject to the order of the directors, and shall not be paid out in any other way. TEACHEES. Sec. 15. It shall be the duty of every teacher of a com- mon school to procure a certificate of qualification and good moral character, before entering on the duties of a teacher. It shall be his duty to keep a register of the children attending school, their age, and the time when they begin, the time they continue, and of their daily attendance; and with the same he shall give a list of the text-books principally used in his school , SCHOOL LAW. 13 and said register and list of books shall be in duplicate, and filed with the clerk of the district at the close of every term, prop- erly certified by the teacher; the one copy for the use of the clerk and the other shall by the clerk be furnished to the county superintendent with his annual report. CHAPTER IV. MISCELLANEOUS PEOVISIONS. Sec. 1. Minutes of first meeting by whom signed, and by "whom and where kept. ^ 2. Who to be chairman and secretary of meeting. 3. Meeting may alter, repeal, &c., their proceedings. 4. District meetings may levy tax. 5. New districts failing to organize or report, not entitled to school funds. Proviso. 6. Funds to be apportioned to organized districts only. 7. When a district shall be allowed to draw the fund. 8. When superintendent to issue order for funds of a district in favor of clerk thereof. 9. Provision where district has less than sixteen scholars between ages of four and twenty-one, and is not able to support a school. 10. An organized district shall be a body corporate, its powers. Duty of directors to prosecute and defend. 11. Scholars not in district may attend school with or without charge, when. Provision as to scholars attending school out of their own district. 12. Teacher at end of each term to make a certificate relative to attendance of scholars not belonging to district. 13. Clerk of district where scholars reside, upon presentation of certificates, to pay the parents of such scholars the apportion- ment due them. 14. When certificate to be presented to superintendent. 15. Scholar thus receiving his portion, not entitled to further benefit until after next annual apportionment. 16. When parents, &c., may be assessed for their portion of neces- sary expenses of school. 17. For what purpose and when districts may levy a tax. 14 SCHOOL LAW. Sk(!. Ifi. Notices of meeting to state purpose of tax. 19. Assessment of property of non-resident holders. 20. Directors miiy add a per centum to remunerate the clerk as collector. I'ercentag'e when to bo deducted. 21. Meetings to he hold annually. Notice thereof vvliat to state, &c. 22. Who shall he allowed to vote at meeting. rtu'NouH liahlc! to Hcliool tax only voters in selecting site or levy- ing special tax. 23. Meeting may adjourn from day to day. 24. By a majority vote meeting may levy a tax. 25. Taxes for erection of scliool houses may be paid in labor. 2G. Holding other oflico not to disqualify superintendent, director or clerk. 27. A librarian to bo a])p()intod, by whom and when. 28. Certain jx'rsons antliori/od to administer oaths under this act. 29. Tliis act not to ail'oct the disposition of funds heretofore sot a[)art. 30. Failure of clerk to report, when no cause of forfeiture of fund. 31. Districts failing to keep uj) organization, to forfeit funds, exce])tion. 32. Proceedings u])on changing the boundaries of districts. 33. Jh. Skh. 1. '^^riio mimili^M df the fii'sli scliool in(H>,liii<;- sliall bo tiip^iu'd Ity the cliiuriiiiiii wild sccrolary and dclivored (o llu; clerk of t-lii^ disl.ricl, who shall lilc the s;uiu*- in liis ollice. Sko. "1. Ill all school iiioctiugs, the director Avhose term of oHIce sliiill llrsi, expire, shidl act as cliainnan, and tho clerk of the district sli:dl act as secretary. Sko. 3. .Districts shall have ])ower to repciil, alter or modily tlieir |>roi'e(Mlini;'s IVoin time to time as occasion ma}' re- qnii'O. Sioc. '1. Districti iue(>tin,u;s U^^-ally called sliall have ])o\vor to levy a, tax upon llu^ property of tho district for any purpose whatever connected with and for tho benefit of schools, and tho promotion of education in tho district, subject to the restrictions heri'iiKifter pro\ided. Skc. 5. Any new district failing to oro-anizo and report to tho county superintendent the number of children over four and SCHOOL LAW. 15 under twcnty-oiio yt^ars of a!J,'o in said disirirl, wilhin (en diiy^i after the firt^t Friday in NovcmbcM-, or any disti-ici havinij; Ikhmi or<>'anizod for the term of one 3'ear or more, failing to report to tlie c'onnty snpoi'intendent as re(]uirod in section eleven of the chapter entitled " flerks " in this act, shall not. bo iMitillod to any portion of the county school finul tor lh(> yca,i-: Provided^ That if the clerk of any school district shall Tail to make such report, any three electors of such district may ma.ko such report, vorifietl on oath, and th(^ county snperinliMith'nt shall receive it the same as if made by the clerk. Sec. (5. The county superintendent shall apportion all the county school fund for that year anionji,- those districts only which have organized and reported act-ording to hivv. Sec. 7. No district shall bo allowed to di'aw its appor- tioned county school fund from the ti'casuiy until it shall satisfy the county superintendent that a. scIkioI has been ke[)t. in the district by a (pialilied teacher for the last tluH'e months, (>\cept as hereiiiiifter provid(^d. Sec. 8. When the clerk oC any school district shall satisfy tlie county su[)erintendent that a school has actuall)' been kept hy a qualified teacher, as providcul for in the preceding section, the superintendent shall issue an order to th(> county treasui'cr in favor of the clerk of such disti-ict for its a|)portionment of county school funds in tiu^ ti-easiiry (o thc! ci-edit oi' siu'h district. Sec. II. Districts having less than twenty minors over lour years of age, may, by organizing and reiiorling to the superin- tendent according to law, draw their ])roi)ortion t)!" tlie school money without being rc^piii-ed to co!n|ily wilh the provisions of the school law any furthei- than the said organization and report is concerned. And in such disti'icts five legal voters shall con- stitute a quorum to do business; and it shall be the duty of tho' clerk of such district to let out all (H)unty scJiool IVnid so received at interest, for the use of the district, on good security, until such time as it may be required for school purj)Oses in said dis- trict. The clerk of the district and his securities shall be re- sponsible for such money. Sec. 10. When a district is organized, it shaJl be to all in- 1(3 SCHOOL LAW. tents and purposes a body corporate, capable of suing and being sued, and fully competent to transact all business appertaining to schools or school houses in their own districts; and it shall be the duty of the directors to prosecute or defend any demands for or against their district, and notice shall be served upon one of the directors of any suit brought against a district. Sec. 11. The directors of any district may permit scholars living out of the district to attend school, with or without charge, as they may deem proper: Provided, There be no school in their own district, and such scholar or scholars so sent to school out of their district, shall be entitled to their equal proportion of the public school funds belonging to their district, the same as if they had gone to school in their own district. Sec. 12. It shall be the duty of every teacher of a district school, in addition to what is required by section fifteen, chap- ter three, to make out, at the end of every term, a certificate in reference to the attendance of each and every scholar not be- longing to the district, showing the time they began and con- tinued, as well as the number of days in attendance; which cer- tificate shall be given to the parents or guardians of said scholar or scholars. Sec. 13. Upon the presentation of such certificate to the clerk of the district in which such scholar or scholars reside, the clerk shall pay to said parents or guardians the apportionment due them, out of the fund belonging to said district, taking their receipt for the same, which receipt shall be endorsed on said certificate, showing the amount actually received, and signed by the party receiving the money; and said certificate so endorsed shall be a sufficient voucher to the credit of the clerk in making his settlement with the directors, or in paying over to his suc- cessors the funds belonging to said district. Sec. 14. When the clerk of any such school district shall have failed to draw from the county treasury the apportionment for said district, either by reason of not complying with the re- quirements of section seven of this chapter, or otherwise, then the certificate shall be presented to the county superintendent, who shall issue an order on the county treasurer in favor of the SCHOOL LAW. 17 person or persons entitled to receive the same, and a receipt in due form shall be given to the treasurer for the amount paid, the duplicate of which shall be endorsed on the certificate in the hands of the superintendent, who shall credit the treasury of the county therewith and charge the same to the proper district, in the same manner as when paid to the clerk, according to section ten, chapter two. Sec. 15. Any scholar having thus received his or her portion of school money, cannot be entitled to any further ben- efit out of the fund of said district in case of a school being taught therein, until after the next annual apportionment is made. Sec. 16. It shall be competent for the directors in any district where it may be required, to assess upon the parents or guardians of the children attending the school, their portion of the necessary expenses of sustaining the school, in the way of tuition, fuel, &c., in proportion to the number of scholars sent by each, and time of attendance; but in ail cases the directors shall first endeavor to raise the amount required by voluntary sub- scription. Sec. 17. Any district may levy a tax for any of the follow- ing purposes : To purchase a suitable site for the erection of a school house, — the building or repairing of the same, — the pur- chase or increase of a district library, or maps, globes or other apparatus for the use of said district or school; but no district shall levy any tax for any of these purposes until the directors shall have sought to obtain the amount required by voluntary subscriptions; and no money shall be expended by the directors or clerk for any other purpose than that for which it was raised. Sec. 18. In all cases when a tax is to be levied, it shall be stated in the notices given of the meeting for Avhat purpose or purposes the tax is to be levied. Sec. 19. The directors may assess, for any of the objects named in section seventeen, the property of non-resident holders in any amount they may deem necessary, without calling a meet- ing of the district for that purpose, where the inhabitants 3 18 SCHOOL LAW. thereof agree by voluntary subscription to raise the amount re- quired — said assessment not to exceed the average per centum of the subscriptions made by the inhabitants of the district; but if a district meeting be held to levy a tax on all the taxable property in the district, the property of non-residents shall be assessed in equal proportion with the rest, according to the val- uation ma.de for the assessment of county taxes. Sec. 20. The directors may add such a per centum, not exceeding five, as they may deem requisite to remunerate the clerk for his services as collector, but the amount shall be speci- fied and added as a separate item in the schedule or account of taxes so levied or assessed, and where any person shall pay the same within ten days after the notice of such tax is made public by the clerk, in accordance with the fourth clause of section ten of chapter three, the percentage shall be deducted, but in all other cases it shall be collected. Sec. 2L There shall be an annual school meeting held in each district upon the first Friday in November; and notice of all annual or special meetings shall be in writing, signed by the directors or the clerk of the district, and shall state the object for which the meeting is called, and shall be posted up in three public places in the district at least six daj's previous to the holding of such meeting. Sec. 22. Every white male inhabitant over the age of twenty-one years, who shall have resided in any school district for three months immediately preceding any district meeting, or who shall have paid, or be liable to pay any tax except road tax in said district, shall be a legal voter at any school meeting, and no other person shall be allowed to vote, and in the selection of a site for the school house, or for raising a tax, no person shall be allowed to vote except persons liable to pay a school tax. Sec. 23. Any school meeting shall have power to adjourn from day to day as occasion may require. Sec. 24. A school meeting legally called shall have power, by the vote of a majority present, to levy a tax on all taxable property in the district. Sec. 25. The tax payers may, with the consent of the SCHOOL LAW. 19 directors of their district, perform by labor their portion of taxation for the erection of school houses, and shall be so re- turned by the clerk of said district. Sec. 26. No person shall be disqualified for the office of county superintendent, district director or clerk, on account of holding any other office within the Territory at the same time. Sec. 27. It shall be the duty of the directors to appoint a suitable person for librarian when the district shall have pro- cured a library. Sec. 28. School superintendents, directors and clerks, shall be competent to administer oaths or affirmations in any case oc- curring under the provisions of this act. Sec. 29. Where in any county any of the moneys men- tioned in chapter one, section three, of this act, are by existing laws set apart to any other fund, or for any other purpose, this act shall not be so construed as to affect the disposition of said funds so set apart. Sec. 30. Failure of a clerk to make out his report in proper time shall not work a forfeiture of the apportionment to his dis- trict, if the report shall reach the superintendent before he ap- portions the fund. Sec. 31. No order of the superintendent shall be drawn upon the county treasurer in favor of any district which fails to have or keep up its organization; and any district having been for three years recognized as an organized district, by the inhabi- tants of the same, and by the superintendent, shall, so long as it complies with the forms of law, be to all intents for the pur- poses of this act a legal district. Sec. 32. Any person or persons asking any action of the superintendent which shall affect the boundaries of any district, shall notify the clerk of the said district in writing of his intention to ask for the same, stating what action is or will be asked, and the time — not less than ten days — when the same will be heard, and shall file a certified copy of said writing with the superin- tendent. Sec. 33. When satisfied such notice has been given, the superintendent shall proceed to examine the case, unless for 20 SCHOOL LAW. good reason further time is asked by either part}^, or in the ab- sence of either party he may consider substantial justice cannot be done, in which case he may set some future time for its consid- eration. CHAPTER Y. AS TO MONEYS AEISING FROM FINES AND PENALTIES PAYABLE TO SCHOOL FUND. Sec. 1. The superintendent to enforce collection of all fines, &c., paya- able to school fund. Superintendent to preserve school lands from trespass. Fines and penalties apportioned as other school funds. 2. Penalty for trespass on school lands. 3. Mode of procedure in the paying over of fines, &c. 4. Penalty for sheriff or clerk failing to pay over money collected on execution. 5. Proceeds of sale of estrays. 6. Deposits -with county treasurer under act relative to unclaimed property. 7. Proceeds of sale of lost goods, and as to lost money. 8. Penalty for a finder failing to advertise money or property found. 9. Penalty against owners of vicious or dangerous cattle. Sec. 1. The superintendent shall, in the name of the county, collect, or cause to be collected, all monej^s due the school fund from fines or from any other source in his county; and until the legislature shall make some provision for the dis- posal of the school lands given by Congress to the Territory for school purposes, it shall be the duty of the superintendent to preserve said lands from injury and trespass; and when it shall come to his knowledge that any trespass has been committed on such lands, he shall make complaint of the same before the grand jury of the proper county, at the first regular term of court after he has obtained a knowledge of such trespass; and all fines and other moneys thus collected shall be paid over to the treasurer of the county for the use of common schools and divided in said county in the same manner as other school funds. Sec. 2. Any person trespassing upon or injuring the school lands, as mentioned in the preceding section, shall be liable to be indicted for the same, and upon conviction shall be punished SCHOOL LAW. 21 by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars. Sec. 3. All fines imposed on any person or persons by the provisions of any act imposing fines for violation of laws of this Territory, when the same shall be collected, shall be paid by the officer collecting the same, to the county treasurer as school funds of the county where such conviction shall have been had, who shall give duplicate receipts therefor, one of which shall be filed with the county auditor; and all officers re- fusing or neglecting to pay over any fines within one month after they shall have been received, shall, upon conviction thereof, be fined in four-fold the amount of such fines so re- ceived, which said fine may be collected in any court having jurisdiction. Sec. 4. No sheriff shall retain any moneys collected on ex- ecution more than twenty days before paying the same to the clerk of the court who issues the writ, under penalty of twenty per cent, on the amount collected, to be paid by the sheriff, the one-half to the party to whom the judgment is payable, and the other half to the county commissioners of the county wherein the action was brought, for the use of the school fund of the county. And the clerk shall, immediately after the receipt of any moneys collected on any judgment, notify the party to whom the same is payable, and pay over the amount to the said party on demand. On failure to so notify and pay over, (without reasona- ble cause shown for delay) the clerk shall forfeit and pay the same penalty to the same parties as is above prescribed for the sheriff. Sec. 5. If the owner or person entitled to the possession of any stray shall not appear and make out his title thereto and pay the charges thereon, within one year from the time when the notice is filed with the county clerk, as is provided in the fourth section of " an act relative to estrays," passed February first, eighteen hundred and sixty, such stray shall be sold at the re- quest of the finder, by any constable of the precinct, at public auction, upon first giving public notice thereof, in writing, by posting up the same in three of the most public places in said 22 SCHOOL LAW. precinct, at least ten days before such sale, and the finder may bid therefor at such sale; and after deducting all the lawful charges of the finder as aforesaid, and the fees of the constable, which shall be the same as upon a sale on execution, one-half of the remaining proceeds of such sale shall be deposited in the treasury of the county, to be applied to the common school fund of said county, the other half shall belong to the finder. Sec. 6. Any money that shall be deposited with any county treasurer under the provisions of an act entitled " an act relative to unclaimed property," which shall not be claimed by the owner thereof, or his legal representative, within five years, the same shall belong to the count}^, and shall be applied to the common school fund of said county. Sec. 7. If the owner of any lost money or goods shall fail to appear within one year and make out his right thereto, then the finder of such lost money or goods shall pay one-half of the value thereof, after deducting all legal charges, to the treasurer of the county for school purposes; and in case such finder shall neglect to pay the same on demand, after the expiration of the time aforesaid, the same may be sued for and recovered by the said treasurer in the name of the county, for school purposes. Sec. 8. If any finder of lost money or goods of the value of five dollars or upwards, shall neglect to give notice of the same, and otherwise to comply with the provisions of "an act in relation to lost money or goods," he shall be liable for the full value of such money or goods, one-half to the use of the county for school purposes, and the other half to the use of the person who shall sue for the same, and shall also be responsible to the owner for such lost money or goods. Sec. 9. That any person or persons who own or are the owners of dangerous or vicious cattle, which animal or animals are known to endanger the safety of persons traveling through neighborhoods, by their dangerous and vicious disposition, such person or persons having twelve hours' notice of the dangerous disposition of such animal or animals, and shall neglect or refuse eifectually to prevent such cattle from disturbing the peace and safety of the neighborhood where such animals may range, such SCHOOL LAW. 23 owner or owners shall be liable to a fine of not less than five dollars nor more than fifty dollars, which may be recovered before any justice of the peace of the county, with costs of suit, for the use of the school fund. CHAPTER VI. REPEALING AND SAVING CLAUSES. Sec. 1. Repealing previous acts. 2. Excepting certain counties in which old law continues in force. 3. When act to take effect. Sec. 1. All acts and parts of acts conflicting with any of the provisions of this act, be and the same are hereby repealed. Sec. 2. This act shall not apply to the counties of Kitsap, Pierce, Claim and Island; and the acts and parts of acts repealed by section one of this chapter, shall be and remain in force in the counties named in this section. Sec. 3. This act to take effect and be in force from and after its passage. Passed the House of Representatives January 19, 1866. EDWARD ELDRIDGE, Sjoeaker of the House of Representatives. Passed the Council January 18, 1866. HARVEY K. HINE3, President of the Council. Approved January 27, 1866. WILLIAM PICKERING, Governor of the Territory of Washington. 019 748 512 7