2521 11 1 1 THE PUBLIC SCHOOL LAW NORTH CAROLINA BEING A PART OF CHAPTER 89, REVISAL OF 1905, AS AMENDED BY THE GENERAL ASSEMBLY OF 1907, 1909 AND 1911 TOGETHER WITH EXPLANATORY NOTES AND DECISIONS OF THE STATE SUPERINTENDENT OF ^ PUBLIC INSTRUCTION RALEIGH ISSUED FROM OFFICE OF 80PERINTENDENT OF PUBLIC INSTRUCTION 1911 '^ipxM'J MMi^fxaJ AX^^ 4/iMMAAZ^j M^- THE PUBLIC SCHOOL LAW NORTH CAROLINA BEING A PABT OF CHAPTER 89, REVISAL 1905, AS AMENDED BY THE GENERAL ASSEMBLY OF 1907, 1909 AND 1911. RALEIGH ISSUED FROM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 1911 E. M. UZZELL & CO. PRINTERS RALEIGH, N. C. Ib Exchange Univ. of North Carolina MAR 1 5 1935 TABLE OF CONTENTS. \ Peefatoby Note. Education in Oub Constitution. New School Legislation, 1911. County Farm-life School Law. Special Comity Taxation for Schools. The Public School Law. I. Application of Chapter, Section 4029. II. The State Board of Education, Sections 4030-4035. III. Loans for Building Schoolhouses, Sections 4053-405G. IV. The School System and the Course of Study, Sections 4085-4088. V. The General Powers and Duties of the State Superin- tendent, Sections 4089-4092. VI. School Funds Provided by the State, Sections 4093-4100. VII. School Funds Provided by County and Local Taxation and Apportionment of same. Sections 4107-4118. . VIII. The Powers and Duties of the County Board of Educa- tion, Sections 4119-4134. IX. The Powers and Duties of the County Superintendent. Sections 4135-4144. X. The Powers and Duties of the School Committee, Sec- tions 4145-4151. XI. The Treasurer of the School Fund. Sections 4152-4160. XII. Privileges and Duties of Teachers, Sections 4101-4167. XIII. Rural Libraries, Sections 4172-4179. XIV. Separate Schools for Indians of Robeson County, Sec- tions 4168-4171. Text-book Law, Sections 4057-4084. Public High-school Law. The Child-labor Law. Compulsory-attendance Law. Deaf Children Must Attend. Scientific Temperance Instruction. ^ Health Law. Index to Public School Law. PREFATORY NOTE. This compilation of the Public School Laws of North Carolina is issued in this form, in accordance with Section 4089 of the Revisal of 1905. The amendments made to the School Law by the General As- sembly of 1911 are printed in italics in the amended sections. This compilation also contains the legislation of 1907 relative to high schools, compulsory attendance, the employment of children in factories, attendance of deaf children, and scientific temper- ance instruction, with the amendments of 1909, and also the amendments (in italics) and the new school legislation of 1911. The notes, decisions, and other matter, it is hoped, will be found convenient and useful. A careful reading of the law by all school officers and teachers will prevent many mistakes and burdensome correspondence and delay. ^ ^^ ^ J. Y. JOYNEE, Superintendent of Puhlic Instruction. Raleigh, April, 1911. EDUCATION IN OUR CONSTITUTION. Article IX of the Constitution of North Carolina relates to edu- cation. It reads as follows : Section 1. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. Sec. 2. The General Assembly, at its first session under this Constitution, shall provide by taxation and otherwise for a general and uniform system of public schools, wherein tuition shall be free of charge to all the children of the State between the ages of six and twenty-one years. And the children of the white race and the children of the colored race shall be taught in separate public schools ; but there shall be no discrimination in favor of or to the prejudice of either race. Sec. 3. Each county of the State shall be divided into a conven- ient number of districts, in which one or more public schools shall be maintained at least four months in every year; and if the com- missioners of any county shall fail to comply with the aforesaid requirements of this section they shall be liable to indictment. Sec. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State and not other- wise appropriated by this State or the United States, also all money, stocks, bonds and other property now belonging to any State fund for purposes of education, also the net proceeds of all sales of the swamp lands belonging to the State, and all other grants, gifts or devises that have been or hereafter may be made to the State and not otherwise appropriated by the State or by the terms of the grant, gift or devise, shall be paid into the State Treasury, and, together with so much of the ordinai-y revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining in this State a system of free public schools, and for no other uses or pur- poses whatsoever. Sec. 5. All moneys, stocks, bonds, and other property belonging to a county school fund, also the net proceeds from the sale of estrays, also the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall 6 Education in Constitution. be paid by persons as an equivalent for exemption from military duty shall belong to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties in this State: Provided, that the amount collected in each county shall be annually re- ported to the Superintendent of Public Instruction. Sec. 6. The General Assembly shall have power to provide for the election of trustees of the University of North Carolina, in whom, when chosen, shall be vested all the privileges, rights, fran- chises and endowments thereof in anywise granted to or conferred upon the trustees of said University; and the General Assembly may make such provisions, laws and regulations from time to time as may be necessary and expedient for the maintenance and man- agement of said University. Sec. 7. The General Assembly shall provide that the benefits of the University, as far as practicable, be extended to the youth of the State free of expense for tuition; also that all the property which has heretofore accrued to the State or shall hereafter accrue from escheats, unclaimed dividends or distributive shares of the estates of deceased persons shall be appropriated to the use of the University. Sec. 8. The Governor, Lieutenant Governor, Secretary of State, Treasurer. Auditor, Superintendent of Public Instruction, and Attorney-General shall constitute a State Board of Education. Sec. 9. The Governor shall be president and the Superintendent of Public Instruction shall be secretary of the Board of Education. Sec. 10. The Board of Education shall succeed to all the powers and trusts of the president and directors of the literary fund of North Carolina, and shall have full power to legislate and make all needful rules and regulations in relation to free public schools and the educational fund of the State; but all acts, rules and regulations of said board may be altered, amended or repealed by the General Assembly, and when so altered, amended or repealed they shall not be reeuacted by the board. Sec. 11. The first session of the Board of Education shall be held at the capital of the State within fifteen days after the organization of the State Government under this Constitution ; the time of future meetings may be determined by the board. Sec. 12. A majority of the board shall constitute a quorum for the transaction of business. Sec. 13. The contingent expenses of the board shall be provided by the General Assembly. Educational Qualification. 7 Sec. 14. As soon as practicable after the adoption of this Con- stitution the General Assembly shall establish and maintain in connection with the University a department of agriculture, of mechanics, of mining and of normal instruction. Sec. 15. The General Assembly is hereby empowered to enact that every child of suflicient mental and physical ability shall attend the public schools during the period between the ages of six and eighteen years for a term of not less than sixteen months, unless educated by other means. Section 27: The people have the right to the privilege of edu- cation, and it is the duty of the State to guard and maintain that right. — 5(7/ of Rights. North Carolina Constitution. EDUCATIONAL QUALIFICATION FOR SUFFRAGE. Article VI, section 4. of the Constitution of North Carolina con- tains the following: Every person presenting himself for registration shall be able to read and write any section of the Constitution in the English language ; and before he shall be entitled to vote he shall have paid, on or before the first day of May of the year in which he proposes to vote, his poll tax for the previous year, as prescribed by Article V, section 1, of the Constitution. But no male person who was on January 1, 1867, or at any time prior thereto, entitled to vote under the laws of any State in the United States wherein he then resided, and no lineal descendant of any such person, shall be denied the right to register and vote at any election in this State by reason of his failure to possess the educational qualifica- tions herein prescribed : Provided, he shall have registered in accordance with the terms of this section prior to December 1, 1908. KEW SCHOOL LEaiSLATIO:Nr, 1911. COUNTY FARM-LIFE SCHOOL LAW. AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND MAINTENANCE OF COUNTY FARM-LIFE SCHOOLS AND FOR THE PROMOTION OF AGRICULTURE AND HOME- MAKING. The General Assembly of 'North Carolina do enact: Section 1. There shall be established and maintained in every county complying with the provisions of this act as hereinafter set forth a school to be knovs^n as a "County Farm-life School" for the training and preparation of the boys and girls of said county for farm life and home-making. THE AIM OF THE COUNTY FARM-LIFE SCHOOL. Sec. 2. The aim of said school shall be to prepare boys for agri- cultural pursuits and farm life and to prepare girls for home- making and housekeeping on the farm. The course of study in said school shall be subject to the approval of the State Superin- tendent of Public Instruction and an advisory board on farm-life schools, to be appointed by him : Provided, hotcever, that the course of study shall include practical work on the farm by the boys and practical work in all subjects relating to housekeeping and home- making by the girls. BOARD OF TRUSTEES. Sec. 3. Said school shall be imder the control and management of a board of trustees, consisting of one member from each town- ship in the county, apixtinted by the county board of education, who shall serve until their successors shall be appointed. The first board of trustees shall be divided by the county board of education into three as nearly equal groups as possible — one group shall be appointed for a term of two years, one group for a term of four years, and one group for a term of six years. Upon the expiration of the term of office of any trustee his successor shall be appointed for a term of six years. The county superintendent Farm-life Schools. 9 of public instruction shall be ex officio a member of said board and secretary thereof. All vacancies occurring by death, resignation or otherwise, in said board shall be filled for the unexpired term by the county board of education. Sec. 4. Within ten days after any county, township or town- ships shall have complied with the pi'ovisions of this act as herein- after set forth for the maintenance and equipment of said school, the members of the board of trustees shall be appointed, and the county superintendent shall duly notify them to meet at the county-seat within ten days after their appointment to qualify and organize. LOCATION. Sec. 5. After due advertisement, inviting bids for the location of said school within said county, said board of trustees shall locate it at such place in said county as shall offer the largest financial aid for maintenance and equipment, having due regard for desirability and suitability of location: Provided, hoivever, that said school shall not be located in any city or town of more than one thousand inhabitants, nor within two miles of the cor- porate limits of any city or town of more than five thousand in- habitants. BUILDINGS, FARM, MAINTENANCE, ETC. Sec. 6. For the maintenance of said school, the county or town- ship or school district, or all combined, wherein it is located, shall provide annually, by taxation or otherwise, not less than twenty- five hundred dollars. The county or township or school district, or all combined, shall also provide by bond issue, or otherwise, the following equipment for said school : a school building with reci- tation rooms and laboratories and apparatus necessary for effi- cient instruction in the prescribed subjects of study ; dormitory buildings with suitable accommodations for not less than twenty- five boys and twenty-five girls; a barn and dairy building with necessary equipment ; a farm of not less than twenty-five acres of good arable land. All of said buildings shall be located on said farm and shall be constructed in accordance with plans approved by the State Superintendent of Public Instruction, and the entire equipment shall be subject to his approval and acceptance after inspection : Provided, hoivever, that, upon recommendation of the board of trustees and the presentation of satisfactory reasons therefor, the State Superintendent of Public Instruction may grant permission to said board of trustees to accept any suitable 2 10 Faem-life Schools. and properly equipped school building already constructed, though it may not be located on said farm, provided it be located within reasonable and convenient distance thereof, and may also grant permission to reduce the required acreage for the farm to not less than ten acres. PROVISION FOR ELECTION IN COUNTY. Sec. 7. Upon written request of the county board of education of any county, the board of county commissioners of said county may in their discretion order an election to be held in said county, in accordance with the law governing general elections therein, as nearly as may be : Provided, however, that a new registration shall be ordered for said election; and not less than thirty days notice of said election shall be given at the courthouse door and three other public places in said county ; and if there be news- papers published in said county, a notice of said election shall also be published weekly for four successive weeks preceding said election in one newspaper therein; and the registrars and poll- holders shall canvass the vote cast, declare the result, and duly certify the returns to the board of county commissioners, and the returns shall be recorded in the records of said board of county commissioners. At said election shall be submitted to the quali- fied voters of the county the question of levying and collecting a special tax on all taxable property and polls of said county for the maintenance and equipment of a "County Farm-life School" therein. At such election those favoring the levying and collec- tion of such a tax for said purpose shall vote a ballot on which shall be written or printed the words "For County Farm-life School" ; and those opposed shall vote a ballot on which shall be written or printed the words "Against County Farm-life School." If a majority of the qualified voters shall vote "For County Farm- life School," then all the provisions of this act shall be in full force and effect, and the county commissioners shall annually levy and cause to be collected, in the same manner and at the same time as other taxes of the county are levied and collected, a tax on all property and polls of the county suflicient to provide the sum required of said county under section six of this act for the annual maintenance of said school, and, in addition, the sum required for the .payment of the annual interest on such bond issue as may be found necessary for providing the equipment for said school required under section six of this act, as said interest accrues, and to create a sinking fund for the purpose of paying FARM-LiiE Stnooi.s. 11 off and discharging said bonds as they become due. The bond of the sheriff or tax collector of said counts' shall be responsible for said tax to the same extent as it is liable for other taxes collected by him. BONDS TO BE ISSUED. Sec. 8. If a majority of the qualified voters at the election herein provided for shall vote "For County Farm-life School," it shall be deemed and held that a majority of the (lualified voters are in favor of granting to the board of county commissioners of said county authority to issue bonds in an amount not to exceed twenty-five thousand dollars for the purpose of providing the nec- essary equipment prescribed in section six of this act; and such authority shall be granted to and vested in said board of county commissioners and said board is hereby authorized and empow- ered to issue and sell bonds in the name of said county to an amount not to exceed twenty-five thousand dollars, of such de- nomination and of such proportion as said board of county com- missioners may deem advisable, bearing interest at a rate not to exceed six per centum, with interest coupons attached, payable at such time or times and at such place or places as may be deemed advisable by said board of county commissioners, such bonds to be of such form and tenor and transferable in such way, and the principal thereof payable or redeemable at such time or times, not less than fifteen years from the date thereof, and at such place or places as said board of county commissioners may determine. The proceeds arising from the sale of said bonds shall be expended by said board of county commissioners in providing, by purchase or otherwise, the equipment in land, buildings and apparatus required in section six of this act for the "County Farm- life School": Provided, ho ivever,' that the treasurer of said county shall receive no compensation for receiving or disbursing the money which may be received from the sale of said bonds. ELECTION IN TOWNSHIP— ISSUANCE OF BONDS TO SECURE LOCATION. Sec. 9. The county commissioners of any county that has voted for the establishment of a "County Farm-life School" therein shall, upon petition of one-fourth of the freeholders in any township applying to the trustees of said "County Farm-life School" to secure the location of said school therein, order an election therein, to be held after thirty days notice at three public places in said 12 Fakm-life Schools. townsbip, under the law governing State and county elections as nearly as may be, and the returns of said election shall be certi- fied by the registrars and pollbolders to the board of county com- missioners, and the same shall be recorded in the records of said county commissioners ; at which election shall be submitted to the qualified voters of said township the question of issuing bonds in a sum not to exceed twenty-five thousand dollars, the amount of said bond issue to be set out in the petition for said election, and of levying and collecting on all taxable property and polls in said township a special tax suflicient to provide for the payment of the interest on said township bonds as it accrues and to create a sink- ing fund for the purpose of paying off and discharging said town- ship bonds as they become due. At such election, those favoring the levying and collection of such a tax for said purpose shall vote a ballot on which shall be written or printed the words "For County Farm-life School," and those opposed shall vote a ballot on which shall be written or printed the words "Against County Farm-life School." If a majority of the qualified voters at said election shall vote "For County Farm-life School," then it shall be deemed and held that a majority of the qualified voters are in favor of granting to the board of county commissioners of said county authority to issue bonds in the name of said township in such amount as shall have been named in the petition and notice Of election, to be sold by said commissioners for the purpose of aiding in providing the buildings and farm and other equipment for the "County Farm-life School," provided said school shall be located in said township; and if said school shall be located in said township, the board of county commissioners shall annually levy and cause to be collected, in the same manner and at the same time as other taxes of the county are levied and collected, a tax on all property and polls in said township, suflicient to pro- vide for the payment of interest on said township bonds as it accrues and to create a sinking fund for the purpose of paying off and discharging said township bonds as they become due ; and said board of county commissioners is hereby authorized and empow- ered to issue and sell said bonds of said township to the amount specified in said petition and notice of election, of such denomina- tion and of such proportion as said board of county commissioners may deem advisable, bearing interest at a rate not to exceed six per centum, with interest coupons attached, payable at the time or times, and at the same place or places, and of the same form and tenor, and the principal thereof payable or redeemable at the Farm-life Schools. 13 same time or times and at the same place or places as the county bonds issued by said board of county commissioners for the equip- ment of said "County Farm-life School." The proceeds arising from the sale of said township bonds shall be added to the pro- ceeds arising from the sale of said county bonds and expended therewith by said board of county commissioners in providing, by purchase or otherwise, the equipment in land, buildings and ap- paratus required in this act for the "County Farm-life School" : Provided, hoicever, that any two or more contiguous townships bidding for the location of said "County Farm-life School" may unite and hold an election upon the same terms and conditions as are herein provided for one township for the location of the "County Farm-life School" at such point in said townships as may be determined by the board of trustees of said "County Farm-life School" : Provided, that the amount of bonds authorized to be issued by one or more townships in order to secure the location of the "County Farm-life School" in a given township shall be de- ducted from the amount of bonds authorized to be issued by the county, so as to limit the total issue of the bonds for farm, build- ings and equipment to twenty-five thousand dollars. IF ELECTION FAILS IN COUNTY, TOWNSHIP OR CONTIGU- OUS TOWNSHIPS MAY PROVIDE FOR ESTABLISHMENT OF COUNTY FARM-LIFE SCHOOL. Sec. 10. In case an election shall be ordered and held in any county as herein provided, for the establishment and maintenance of a "County Farm-life School" therein, and a majority of the qualified voters at such election shall fail to vote "For County Farm-life School," any township in said county, or any two or more contiguous townships in said county, shall, upon petition of one-fourth of the freeholders therein to the board of county com- missioners of said county, have an election ordered by said com- missioners upon the same terms and conditions prescribed in sec- tion nine of this act: Provided, that a new registration shall be or- dered ; and if in such election a majority of the qualified voters in said township or townships shall vote "For County Farm-life School," then, in that event, it shall be deemed and held that the board of county commissioners of said county is authorized and empowered to issue and sell bonds in the name of said township or townships in an amount not to exceed twenty-five thousand dol- lars, and to levy and cause to be collected in the same manner and at the same time as other taxes of the county are levied and 14 Fakm-life Schools. collected, a sufficient tax on all property and polls in said town- ship or townships to comply with all the conditions named in this act for the maintenance and equipment of a "County Farm-life School," subject to the same conditions as are herein provided for the issuance and sale of county bonds and the levying and col- lection of a county tax for said purpose; and the said "County B'arm-life School" shall thereupon be located at such point in said township or townships as may be determined by the board of tnistees of said "County Farm-life School" provided for in this act; and such school, when thus established, shall be a "County Farm-life School" for said county, and shall be subject to all the rights, privileges and obligations and conditions prescribed in this act for "County Farm-life Schools," except as herein otherwise provided: Provided further, that at any time after the establish- ment of said "County Farm-life School" by the township or town- ships under the provisions of this section, the county may, under the provisions of section seven of this act, hold an election as therein provided ; and if at said election a majority of the quali- fied voters of the county shall vote "For County Farm-life School," and the tax and bond issue provided for in said section seven for the maintenance and equipment of a County Farm-life School shall be provided, as directed therein, by the county commissioners for the entire county, said school, established under this section by the township or townships, shall become a County Farm-life School in all respects like a County Farm-life School established under section seven hereof : and the bonds of the township or townships and the tax levied for the maintenance of said school and for interest and sinking fund on said bonds, under this sec- tion, shall be assumed by the entire county, as provided in section seven hereof, and the bonds of said township or townships shall be canceled by substituting therefor the county bonds provided for in section seven hereof. HIGH-SCHOOL DEPARTMENT CONDUCTED IN CONNECTION WITH COUNTY FARM-LIFE SCHOOL. Sec. 11. There shall be established and maintained in connection with each County Farm-life School such a high-school course of study as is prescribed under the high-school law of the State for first-grade public high schools, and for the maintenance of such high-school department of the County Farm-life School there shall be the same county and State apportionments as are now made and required for a first-grade public high school under the pro- Farm-life Schools. 15 visions of the public high-school law of the State. If an additional apportionment for said high-school department of said school can- not be made out of the State appropriation for public high schools, then the State and county appropriations for one or more of the existing high schools in said county shall be transferred to the maintenance and support of said high-school department of said County Farm-life School. If said County Farm-life School shall be located at the same place with some existing public high school in said county established and maintained under the public high- school law of the State, then said public high school shall be merged into and become the high-school department of said County Farm- life School as an organic part thereof ; and the appropriations for the maintenance thereof shall be the same as the appropriations now required for a first-grade public high school under the pro- visions of the public high-school law of the State. The require- ments for teachers in said high-school department of the County Farm-life School shall be the same as are now required for high- school teachers under the said high-school law. Said high-school department and course of study, however, and the entire man- agement of the same shall be under the direction and control of the board of trustees and the principal of the County Farm-life School, and shall be conducted as an organic part of said school. CERTIFICATION OF TEACHERS. Sec. 12. No person shall be employed as principal in charge of any "County Farm-life School" who does not hold a high-school teacher's certificate on all required subjects except Latin, Greek, and modern languages, including an additional certificate from the State Board of Examiners and the president of the North Caro- lina College of Agriculture and Mechanic Arts, stating that he has furnished satisfactory evidence to them of his qualifications by special training and practical experience for said position. And no person shall be employed in the department of said "County Farm-life School" for the special training of girls for hom^-making and housekeeping on the farm who does not hold a high-school teacher's certificate on all required subjects except Latin, Greek, and modern languages, including an additional cer- tificate from the State Board of Examiners and the president of the State Normal and Industrial College, stating that such per- son has furnished to them satisfactory evidence of qualifications by special training and practical experience for said position. 16 Farm-life Schools. AGRICULTURAL AND FARM-LIFE EXTENSION AND DEMON- STRATION—SHORT COURSES FOR ADULTS, MEN AND WOMEN. Sec. 13. It shall be a part of the duty of the faculty of each "County Farm-life School" to conduct agricultural farm-life ex- tension and demonstration work in said county, in cooperation, as far as possible, with such work carried on in said county by the State Department of Agriculture, the North Carolina College of Agriculture and Mechanic Arts, and the United States Depart- ment of Agriculture ; to hold township and district meetings in various parts of the county from time to time for farmers and farmers' wives ; to cooperate with the county superintendent of public instruction and with the county commissioner of agricul- ture, where such officer exists, in stimulating, directing, and supervising practical farm-life work in the public high schools and the elementary schools of the county, and in providing in- struction, through the County Teachers' Association and through special short courses of study at said "County Farm-life School," for the public school teachers of said county. There shall be pro- vided in the courses of study of said "County Farm-life School" short courses in farm-life studies to which shall be admitted adult farmers, men and women ; and there shall be held at said "County Farm-life School" annually one or more county meetings for the farmers and their wives of said county for instruction and demon- stration work. All of the work herein required and all other work of the "County Farm-life School" shall be under the general supervision of the county superintendent of public instruction, and said school shall in all respects be an organic part of the county public school system. ADMISSION OF STUDENTS FROM OTHER COUNTIES. Sec. 14. The board of trustees of the "County Farm-life School" of any county is hereby authorized and empowered to admit stu- dents from other counties of the State to said school upon pay- ment of such rate of tuition as said board of trustees may fix ; but all students who are residents of the county in which said school is located shall be admitted to said school without charge for tuition, except as provided for in section ten of this act ; and said board of trustees shall fix all other charges in said school at actual cost. Farm-life Schools. 17 TREASURER OF COUNTY FARM-LIFE SCHOOL. Sec. 15. The treasurer of said county shall be the treasurer of said "County Farm-life School," and shall receive and disburse all funds therefor, keeping and rendering annually to the board of trustees of said school a separate account of such receipts and disbursements : Provided, that said treasurer, if employed on salary, shall receive no additional compensation for his services; and if employed on commission, he shall receive as compensation not to exceed one per cent on all disbursements and nothing on receipts. The official bond of said treasurer shall be responsible and held liable for all funds coming into his hands for said school to the same extent as it is liable for other funds received by him as treasurer of said county. THE CORPORATE NAME. Sec. 16. The board of trustees of the said "County Farm-life School" and their successors in office shall be and are hereby con- stituted a body corporate by the name and style of "The Board of Trustees of the County Farm-life School of County," and by that name may sue and be sued, contract and be contracted vpith, purchase, hold and sell real estate and personal property, receive donations by gift or otherwise, and exercise such other rights and privileges as are conferred by law upon corporate bodies. The title to all lands and other property of the "County Farm-life School" shall vest in said board of trustees. APPROPRIATION OF STATE FUNDS. Sec. 17. Upon satisfactory evidence furnished to the State Board of Education that all the provisions of this act for the establish- ment, maintenance, and equipment of a "County Farm-life School" have been complied with in any county, the said State Board of Education shall order the State Superintendent of Public Instruc- tion to issue a requisition upon the State Auditor for the sum of two thousand five hundred dollars annually for the maintenance of said school, and the State Auditor shall issue his warrant in favor of the county treasurer of said county for said amount, which shall be paid out of the State Treasury and the money placed to the credit of the "County Farm-life School" of said county ; and sufficient moneys to pay said warrants are hereby appro- 3 18 Fabm-life Schools. priated out of any funds in the hands of the State Treasurer not otherwise appropriated : Provided, liowever, that there shall not be established more than ten such schools in any one year, and that not more than one such school shall be established in any county. Sec. 18. This act shall be in full force and effect from and after its ratification. Ratified this the 3d day of March, A. D. 1911. 1911, c. 84. SPECIAL COUNTY TAXATION FOR SCHOOLS. AN ACT TO AUTHORIZE ANY COUNTY IN NORTH CARO- LINA TO VOTE UPON THE LEVYING AND COLLECTION OF A SPECIAL TAX ON PROPERTY AND POLLS TO SUP- PLEMENT THE COUNTY SCHOOL FUND OF SAID COUNTY. The General Assembly of North Carolina do enact: Section 1. That the county commissioners of any county, upon the petition of the county board of education of said county, may order an election to be held in said county to ascertain the will of the people whether there shall be levied on all taxable prop- erty and polls of said county a special tax, not to exceed thirty cents on the one hundred dollars valuation of property and ninety cents on each poll, to supplement the county school fund of said county. Sec. 2. That said election shall be conducted for the county as nearly as may be under the same rules and regulations governing district special school-tax elections, as set out in section four thousand one hundred and fifteen of the Revisal of one thousand nine hundred and five of North Carolina. Sec. 3. That in case a majority of the qualified voters at said election shall vote in favor of said tax, the same shall be annually levied and collected in the same manner and at the same time as other taxes of the county are levied and collected. Sec. 4. That in case a majority of the qualified voters at said election in any township of said county shall vote for said special tax, the same shall be annually levied and collected in said town- ship in the same manner and at the same time as other taxes are levied and collected, and used to supplement the school fund of said township. Sec^ 5. That in case a majority of the qualified voters at said election in any township or in the entire county shall vote in favor of said special tax, on petition of a majority of the members of the board of trustees or the school committee of any existing special-tax district within said township or county so voting, the county commissioners shall reduce the annual special local-tax levy of said district by an amount not exceeding the special levy provided for the county or township under this act. 20 Special County Taxation for Schools. Sec. 6. That in case a majority of the qualified voters at said election in any county shall fail to vote for said special tax, on petition of a majority of the members of the county board of education of said county, the county commissioners may, after thirty days' notice, order an election in any subsequent year after the first election for the same purpose and under the same regula- tions as the first election herein provided for in any or all of the townships of said county that shall have failed to carry said spe- cial tax in the former election. Sec. 7. That the expense of holding said election shall be paid out of the county school fund of said county. Sec 8. That this act shall be in full force and effect from and after its ratification. Ratified this the 3d day of March, A. D. 1911. 1911, c. 71. THE PUBLIC SCHOOL LAW. The following is the Public School Law of one thousand nine hundred and five, as amended by the Greneral Assembly of one thousand nine hundred and seven, one thousand nine hundred and nine, and one thousand nine hundred and eleven. Each division of the law is preceded by a succinct summary and contains explana- tory notes, the whole being followed by decisions bearing on its interpretation. I. APPLICATION OF CHAPTER. 4029. This chapter not applicable to certain schools : such SCHOOLS regulated. The provisions of this chapter shall not ap- ply to any township, city or town now levying a special tax for schools and operating under special laws or charters, or to schools operating under section forty-seven, chapter one hundred and ninety-nine, Laws of one thousand eight hundred and eighty-nine. School districts in any city or town now operating under section forty-seven, chapter one hundred and ninety-nine. Laws of one thousand eight hundred and eighty-nine, are hereby continued, and all vacancies in the school committees therein shall be filled by the county board of education. If such districts comprise a town- ship, there shall not be appointed township school committeemen for such township, and all apportionments shall be made directly to the committee of such districts. The superintendent and treas- urer of all such schools receiving any part of the public-school fund shall be required to make to the State Superintendent and the county superintendent such reports as these officers shall de- mand and as are made by other public schools to them, and shall be under the general supervision of the State Superintendent of Public Instruction. IDOl, c. 4, s. 73; 1903, c. 435, s. 25. [This section requires the proper officers of toicn and city schools to make reports to the State Superintendent.] II. THE STATE BOARD OF EDUCATION. Summary: The State Board Consists of the Governor, the Lieutenant Governor, the Secretary of State, the Treasurer, the Auditor, the Superintendent of Public Instruction, and 22 Sections 4030-32. THE Attorney-General ; has corporate powers ; the Governor is PRESIDENT, the StATE SUPERINTENDENT IS SECRETARY ; IT MUST KEEP A RECORD OF ITS PROCEEDINGS, AND SUCCEEDS TO ALL THE POWERS OF "the PRESIDENT AND DIRECTORS OF THE LITERARY FUND." ThIS BOARD MAY MAKE RULES FOR THE GOVERNMENT AND REGULATION OF THE PUBLIC SCHOOLS AND HAS VESTED IN IT THE PROPERTY AND MAN- AGEMENT OF THE LITERARY FUND OF THE StATE.* 4030. Incorporated. The Governor, Lieutenant Governor, Secre- tary of State, Treasurer, Auditor, Superintendent of Public Instruc- tion and Attorney-General shall constitute the State Board of Edu- cation, and by the name, the State Board of Education, are created a corporation, and by that name may sue and be sued ; may have a common seal ; may acquire, receive and hold real, personal and mixed property, by purchase, gift, devise or otherwise, and may sell, dispose of and convey the same ; and may contract and be contracted with, for the purposes provided in this chapter and for such other purposes as may be prescribed by law, and to that end may make such by-laws for its government and the exercise of its powers, and alter the same from time to time in its discretion, as shall not be in conflict with the laws of the State and of the United States ; and shall be vested with all other powers conferred upon corporations under the general law relating to corporations. Const, Art. IX, ss. S, 9, 10; Code, s. 2503; 1S81, c. 200; 1903, c. 567, s. 7. 4031. Officers ; quorum ; meetings ; expenses. Of the board, the Governor shall be president, the Superintendent of Public In- struction shall be secretary, and the Treasurer of the State shall be treasurer, and a majority of the board shall constitute a quo- rum for the transaction of business. The board shall hold its meet- ings in the Executive office, and shall meet at such times as a majority of the members may appoint ; but the Governor may call a meeting at any time. The contingent expenses of the board shall be provided for by the General Assembly. Const., Art. IX, ss. 9, 12, 13 ; Code, s. 2504 ; ISSl, c. 200, s. 2. 4032. Proceedings recoiided. All the proceedings of the board shall be recorded in a well-bound and suitable book, which shall be kept in the office of the Superintendent of Public Instruction. Code, s. 2505; 1881, c. 200, s. 3. *The State Board of Education, in addition to the above, has control of the Colored Normal Schools (Rev. 1905, 4180-4186), and is the Text-book Commission (Rev. 1905, 4057-4084). The State Board also elects directors of State Normal and Industrial College (Rev. 1905, 4252). The trustees of the East Carolina Training School are also elected by this board (Laws 1907). Sections 4033-35. 23 4033. Succeeds to powers and property, etc., of literary fund. The State Board of Education shall succeed to all the powers and trusts of the "president and directors of the literary fund of North Carolina," and shall have full power to legislate and make all needful rules and regulations for the government of the public schools and for the management of the State educational fund ; but all such acts, rules and regulations of the board may be alteretl, amended or repealed by the General Assembly, and when so altered, amended or repealed shall not be reenacted by the board; and the board shall succeed to and have all the property, powers, rights, privileges and advantages which in anywise be- longed or appertained to the "president and directors of the liter- ary fund of North Carolina," and may, in its own name, assert, use, apply and enforce the same. Const., Art. IX, s. 10; Code, s. 2.-06; 1S81, c. 200, s. 4 ; R. C, c. 6G ; R. S., cc. GO, G7. 4034. Accounts kept ; reports made. The State Treasurer shall keep a fair and regular account of all the receipts and disburse- ments of the State literary fund, and shall report the same to the Genei'al Assembly at the same time Avhen he makes his biennial account of the ordinary revenue; and the State Board of Educa- tion shall report to the General Assembly the manner in which the fund has been applied or invested, with such recommendations for the improvement of the same as to it shall seem expedient. Code, s. 2507; R. C, c. 6G, s. 4; 1825, c. 12GS, s. 2; 1903, c. 5G7, s. 1. 40.35. How FUNDS invested. The State Board of Education is authorized to invest in North Carolina four per cent bonds or in other safe interest-bearing securities, the interest on w'hich shall be used as may be directed from time to time by the General As- sembly for school purposes. ISni, c. 360. Note. — Sections 4036-4052 concern Swamp Lands. ill. LOANS FOR BUILDING SCHOOLHOUSES. Summary: The State Board may make loans from the liter- ary FUND TO THE COUNTY BOARD FOR BUILDING SCHOOLHOUSES, ANY SUCH LOAN TO BE RELOANED, BY THE COUNTY BOARD TO THE SCHOOL DISTRICT. Such loans bear 4 per cent interest and are a lien ON ALL the COUNTY' SCHOOL FUNDS, AND MUST BE REPAID IN TEN 24 Sections 4053-55. EQUAL INSTALLMENTS. AlL LOANS AEE MADE UNDEE SUCH RULES AND REGULATIONS AS THE StATE BoARD MAY ADOPT.* 4053. Made by State Board. The State Board of Education, under such rules and regulations as it may deem advisable, not inconsistent with the provisions of this chapter, may make loans from the State literary fund to the county board of education of any county for the building and improving of public-school houses in such .county ; but no vparrant for the expenditure of any money for such purposes shall be issued by the Auditor except upon the order of the State Superintendent of Public Instruction, with the approval of the State Board of Education. 1903, c. 567, ss. 1, 2, 8. 4054. Teems of. Loans made under the provisions of this chap- ter shall be payable in ten installments, shall bear interest at four per centum, payable annually, and shall be evidenced by the note of the county board of education, executed by the chairman and secretary thereof, and deposited with the State Treasurer. The first installments of such loan, together with the interest on the whole amount then due, shall be paid by the county board on the tenth day of February after the tenth day of August subsequently to the making of such loan, and the remaining installments, to- gether with the interest, shall be paid, one each year, on the tenth day of February of each subsequent year, till all shall have been paid. 1903, c. 567, s. 3. 4055. How SECURED AND PAID. At the January meeting of the county board of education, before any installment shall be due on the next tenth day of February, the county board shall set apart out of the school funds an amount sufiicient to pay such installment and interest to be due, and shall issue its order upon the treasurer of the county school fund therefor, who, prior to the tenth day of February, shall pay over to the State Treasurer the amount then due. And any amount loaned under the provisions of this law shall be a lien upon the total school funds of such county, in what- soever hands such fund may be; and upon failure to pay any installment or interest, or part of either, when due, the State Treas- urer may deduct a sufiicient amount for the payment of the same out of any fund due any county from any special State appropria- tion for public schools, or he may bring action against the county board of education of such county, any person in whose possession *The State Superintendent, on application, will furnish the rules regulating this subject. Section 4056. . 25 may be any part of the school funds of the county, and the tax collector of such county ; and if the amount of school fund then on hand be insufficient to pay in full the sum so due, then the State Treasurer shall be entitled to an order directing the tax collector of such county to pay over to the State Treasurer all moneys col- lected for school purposes until such debt and interest shall have been paid. 1903, c. 567, s. 4. 4056. Loans by county boaeds to school districts. The county board of education, from any sum borrowed under the provisions of this chapter, may make loans to any district in such county for the purpose of building schoolhouses in such district, and the amount so loaned to any district shall be payable in ten annual installments, with interest thereon at four per centum, payable annually. At the January meeting of such county board it shall deduct from the apportionment made to any district which has borrowed under the provisions of this chapter the installment and interest then due, and shall continue to deduct such amount at each annual January meeting until the whole amount shall have been paid, together with interest. 1903, c. 567, s. 5. Note. — Sections 4057-4084 concern the Text-book Commission. [Under this section the county hoard of education may make an additional apportionment out of its huildiiig fund to assist a dis- trict to repay its annual interest and installment on its loan.] IV. THE SCHOOL SYSTEM AND THE COURSE OF STUDY. Summary: The system of public education must be uniform AND FREE TO ALL CHILDREN BETWEEN THE AGES OF SIX AND TWENTY- ONE YEARS. Separate schools must be provided for white, col- ored AND Indian children, without race discrimination. The course of study must include spelling, reading, writing, arith- metic, drawing, language lessons and composition, English grammar, geography, history of North Carolina and the United States,. AND elements of civil government, containing the Con- stitutions of North Carolina and of the United States, and text-book instruction in physiology and hygiene. Other sub- jects MAY be taught IN ELEMENTARY SCHOOLS WHEN PRESCRIBED BY the State Board of Education. The State Superintendent pre- scribes THE course of STUDY FOR HIGH SCHOOLS UNDER THE LAWS OF 1907. All school officials are required to take oath for THE FAITHFUL PERFORMANCE OF THEIR DUTIES. 26 Sections 4085-87. 4085. Uniform system ; compulsoky attendance. The people have the right to the privilege of education, and it is the duty of the State to guard and maintain that right ; and, religion, morality and knowledge being necessary to good government and the happi- ness of mankind, schools and the means of education shall forever be encouraged. The General Assembly shall provide, by taxation and otherw^ise, for a general and uniform system of public schools, vs^herein tuition shall be free of charge to all children of the State between the ages of six and twenty-one years ; and the General Assembly is empowered to enact that every child of sufficient men- tal and physical ability shall attend the public schools, during the period between the ages of six and eighteen years, for a term of not less than sixteen months, unless educated by other means. Const, Art. I, s. 27 ; Art. IX, ss. 1, 2, 15. 4086. Separate schools foe races ; no discrimination against EITHER race. The children of the white race and the children of the colored race shall be taught in separate public schools, but there shall be no discrimination in favor of or to the prejudice of either race. All white children shall be taught in the public schools provided for the white race, and all colored children shall be taught in the public schools provided for the colored race; but no child with negro blood in his veins, however remote the strain, shall attend a school for the white race, and no such child shall be considered a white child. The descendants of the Croatan Indians now living in Robeson and Richmond counties shall have separate schools for their children, as hereinafter provided in this chapter. Const, Art. IX, s. 2 ; 1901, c. 4, s. 68 ; 1903, c. 435, s. 22. [It is the duty of the county ioards of education to provide sepa- rate school facilities for the Cherokee Indian children residing m the tvestern part of this State, when not otherwise provided for.] 4087. What taught. The branches to be taught in all the pub- lic schools shall be spelling, reading, writing, arithmetic, drawing, language lessons and composition, English grammar, geography, the history of North Carolina and the United States and elements of civil government containing the Constitution of North Carolina and of the United States, elements of agriculture and oral and text-book instruction in elementary physiology and hygiene, includ- ing the nature and effect of alcoholic drinks and narcotics : Pro- vided, that in public schools employing more than one teacher the elements of civil government, physiology and hygiene, including the nature and effect of alcoholic drinks and narcotics and such other Sections 4088-89. • 27 subjects of study as the State Board of Education may direct, shall be taught, after adequate provision shall have first been made for the thorough teaching of the branches before named. 1905, c. 533, s. 9 ; 1901, c. 4, s. 37. [High-scJiool branches cannot he taught in schools having only one teacher, and may be taught in schools having more than one teacher only after adequate provision has first been made for the thorough teaching of the elementary branches mentioned in this section.'^ 40SS. Oath of office taken by officials. The members of the county board of education, the school committeemen and the county superintendent of public instruction shall, before entering upon the duties of office, take oath for the faithful performance thereof. 1901, c. 4, s. 45. V. THE GENERAL POWERS AND DUTIES OF THE STATE SUPERINTENDENT. Summary: The Supeeintendent is required to publish the SCHOOL LAW, MAKE A BIENNIAL REPORT TO THE GOVERNOR, KEEP HIS OFFICE AT THE CAPITAL, AND SIGN ALL ORDERS FOR MONEY PAID OUT OF State Treasury for educational purposes. He has general DIRECTION of THE SCHOOL SYSTEM AND THE ENFORCEMENT OF THE SCHOOL LAW, ALL SCHOOL OFFICERS BEING REQUIRED TO OBEY HIS IN- STRUCTIONS AND HIS INTERPRETATION OF THE LAW. He IS REQUIRED TO BE ACQUAINTED WITH THE EDUCATIONAL CONDITION OF ALL SEC- TIONS OF THE State, and he must also keep in touch with the educational progress of other states.* 4089. Shall equip office, print and circulate school law, SUPERINTEND PUBLIC SCHOOLS. The Superintendent of Public In- struction of North Carolina shall have the school laws published in pamphlet form and distributed on or before the first day of May of each year. He shall send to each officer a circular letter enumerating his duties as prescribed in this chapter. He shall have printed all the forms necessary and proper for the purposes *In addition to these general duties, the State Superintendent has the follow- ing duties: Supervision and control of normal department of Cullowhee High School, Rev. 1905, 422S; secretary Text-book Commission, Rev. 1905, 4057; trustee of State Library, Rev. 1905, 5069; president of board of directors State Normal and Industrial College, Rev. 1905, 4252; chairman of trustees of East Carolina Training School, Laws 1907; chairman State Board of Examiners, Laws 1907; prescribes course of study for^public high schools. Laws 1907; makes rules and regulations for rural libraries, Rev. 1905, 4175; and member board of trustees of Appalachian Training School, Laws 1907. 28 ' Sections 4090-92. of this chapter, and he is hereby authorized to have printed as other public printing and distributed such educational bulletins as he shall deem necessary for the professional improvement of teachers and for the cultivation of public sentiment for public edu- cation, and shall look after the school interests of the State, and report biennially to the Governor, at least five days previous to each regular session of the General Assembly, which report shall give information and statistics of the public schools and recom- mend such improvements in the school law as may occur to him. He shall keep his office at the seat of government, and shall sign all requisitions on the Auditor for the payment of money out of the State Treasury for school purposes. Copies of his acts and decisions and of all papers kept in his office and authenticated by his signature and official seal shall be of the same force and valid- ity as the original. He shall be furnished with such room, fuel, and stationery as shall be necessary for the efficient discharge of the duties of his office. 1909, c. 525. 4090. Shall construe and enforce law ; ascertain best school METHODS. He shall direct the operations of the system of public schools and enforce the laws and regulations in relation thereto. The county board of education and all other school officers in the several counties shall obey the instructions of the State Superin- tendent and accept his constructions of the school law. It shall be his duty to correspond with leading educators in other States and to investigate systems of public schools established in other States, and, as far as practicable, render the results of educa- tional efforts and experiences available for the information arid aid of the Legislature and State Board of Education. 1901, c. 4, s. 8 ; 1903, c. 435, s. 1. 4091. Shall counsel county boards ; hold institutes, etc. It shall be his duty to acquaint himself with the peculiar educational wants of the several sections of the State, and he shall take all proper means to supply such wants, by counseling with county boards of education and county superintendents, by lectures be- fore teachers' institutes and by addresses to public assemblies on subjects relating to public schools and public-school work. 1901, c. 4, s. 9. 4092. Duties as to loan fund. He shall go to any county when necessary for the due execution of the law creating a permanent loan fund for the erection of public-school houses. He shall in- Section 4093. 29 elude in his annual reports a full showing of everything done un- der the provisions of the law creating the permanent loan fund for the erection of public-school buildings. 1903, c. 751, ss. 11, 12. VI. SCHOOL FUNDS PROVIDED BY THE STATE. Summary: 1. The income of the permanent school fund, ok LITERARY FUND, CONSISTS OF THE PROCEEDS OF THE FOLLOWING : (a) LAND GRANTS FROM UNITED STATES ; (I)} MONEYS, STOCKS^ bonds; (C) SALES OF SWAMP LANDS; {(l) GRANTS, GIFTS OR DEVISES. All THESE SOURCES OF INCOME ARE AT PRESENT UNPRODUCTIVE EXCEPT (c). The State Board of Education now uses the literary FUND to aid in BUILDING SCHOOLHOUSES, WHICH MAKES INOPERA- TIVE SECTIONS 4094-4096 below. See sections 4053-50. 2. The annual State appropriation of .$125,000 for public SCHOOLS, distributed per capita according to school population, AND AN ADDITIONAL ANNUAL APPROPRIATION OF $100,000 FOR THE purpose OF SECURING A FOUR-MONTHS SCHOOL IN ALL THE SCHOOL DISTRICTS OF THE STATE* — IN ALL, $225,000 ANNUALLY. 4093. Special permanent fund. The proceeds of all lauds tliat have been or may hereafter be granted by the United States to this State and not otherwise appropriated by this State or the United States; also all moneys, stocks, bonds and any other prop- erty now belonging to any State fund for the purposes of educa- tion; also the net proceeds of sales of swamp lands belonging to the State, and all other grants, gifts or devises that have been made or hereafter may be made to this State and not otherwise appropriated by this State or by the terms of the grant, gift or devise, shall be paid into the State Treasury, and, together with so much of the ordinary revenue of the State as may be set apart for that purpose, shall be faithfully appropriated for establishing and maintaining a system of free public schools, as established in pursuance of the Constitution, and for no other purpose what- soever. And all funds of the State heretofore derived from the sources enumerated in section four, article nine of the State Con- stitution, and all funds that may be hereafter so derived, together with any interest that may accrue thereon, shall be a fund sepa- rate and distinct from the other funds of the State! to be known as the State literary fund. Const., Art. IX, s. 4 ; 1901, c. 4, s. 4 ; 1903, c. 5G7, s. 1. *The sum of $7,500 for the establishment of rural libraries is deducted bien- nially from this additional S100,003. The total literary fund now amounts to $456,470.50. 30 Sections 4094-97. 4094. Appoktionmekt of income of school fund. The State Board of Education shall, on the first Monday in August of each and every year, apportion among the several counties of the State all the school funds which may be then in the treasury of the board and order a warrant for the full apportionment to each county, which apportionment shall be made on the basis of the school population ; but no part of the permanent school fund shall be apportioned or distributed, but only the income therefrom. The State Auditor shall keep a separate and distinct account of the public-school funds and of the income and interest thereof, and also of such moneys as may be raised by State, county and capita- tion tax, or otherwise, for school purposes. 1901, c. 4, s. 1. 4095. Apportionment, how paid. Upon the receipt of the requi- sition of the treasurer of any county, duly approved by the chair- man and secretary of the county board of education, for the school fund which may have been apportioned to such county, the State Board of Education shall issue its warrant on the State Auditor for the sum due such county, whereupon the Auditor shall draw his warrant on the treasurer of the State Board of Education in favor of such county treasurer for the amount set forth in the warrant of the State Board. 1901, c. 4, s. 2. 4096. Warrants, how drawn and endorsed. The State Treas- urer shall receive and hold as a special deposit all school funds paid into the treasury, and pay them out only on the warrant of the Auditor, issued on the order of the State Board of Education in favor of a county treasurer, duly endorsed by the county treas- urer in whose favor it is drawn, and it shall be the only valid voucher in the hands of the State Treasurer for the disbursement of school funds. 1901, c, 4, s. 3. 4097. Annual appropriation foe distribution. One hundred and twenty-five thousand dollars is hereby appropriated annually out of the State Treasury for the benefit of the public schools, to be distributed to the respective counties of the State, per capita as to school population, on the first Monday in January of each year, using the school census of the previous scholastic year as a basis of apportionment: Provided, that the State Board of Education may deduct annually from said appropriation or from any other Sections 4098-4105. 31 appropriation out of the State Treasury for public schools an amount not to exceed one thousand two hundred dollars, to be used in part payment of the salary and expenses of the Superintendent of the State Colored Normal Schools and inspector and director of the county institutes and teacher-training work of the State, to be paid by the State Treasurer only upon the warrant of the State Auditor, issued upon requisition of the State Superintendent of Public Instruction. 1901, c. 543, s. 1 : 1909, c. 775. 4098. Wakeants, how drawn. The Superintendent of Public In- struction shall issue warrants upon the State Auditor for the amount due each county under the next preceding section, such warrants to be drawn in favor of the county treasurer of each county, to be credited to the general public school fund of the county. 1901, c. 543, s. 2. 4099-4105 (Substitute fob). One hundred thousand dollars is hereby appropriated annually out of the State Treasury for the benefit of the public schools, to be apportioq^ed by the State Board of Education as follows : The treasurer of the county school fund and the county superintendent of public instruction of each county in which a special tax has been levied by the county commis- sioners thereof to maintain one or more public schools in each school district of said county for a period of four months in each year shall make affidavit to the State Superintendent of Public Instruction, on or before the second Monday in January of each year, stating the rate of the special tax so levied by said commis- sioners in June of the preceding year, and said affidavit shall be accompanied with a certified copy of the itemized statement sub- mitted by the county board of education to the county commission- ers in accordance with which said levy of said special tax for schools was made, signed by the chairman of the county board of education and the county superintendent of public instruction, and such further information about the receipts and expenditures and apportionment of the school fund in said county as may be re- quired by the State Superintendent of Public Instruction; and thereupon the State Board of Education shall apportion to said county from said appropriation a sum of money equal to the amount so levied and to be derived from said special tax : Pro- vided, that if in any county that has levied a maximum special tax of five cents on the one hundred dollars valuation of property and 32 Section 4106. fifteen cents on the poll the funds are still insufficient to maintain in every school district one or more public schools for at least four months, an additional apportionment shall be made to said county of the additional amount necessary to provide a four-months school term in every school district in such county. The State Superin- tendent of Public Instruction shall issue a requisition on the State Auditor for the amount so apportioned to any county, vpho shall issue his v^arrant in favor of the county treasurer of said county for said amount, and the money shall be placed by said treasurer to the credit of the general public school fund of the county, to be used,, first for providing a four-months school term in every school district, and any balance to be used for equalizing, as nearly as may be, the terms of all the public schools of said county. The balance of the State appropriation of one hundred thousand dollars herein provided shall be apportioned by the State Board of Educa- tion to the respective counties of the State, per capita as to school population, as provided for the apportionment of the one hundred thousand dollars appropriated under section four thousand and ninety-seven of the Revisal of one thousand nine hundred and five of North Carolina : Provided further, that the State Board of Education shall deduct from said appropriation biennially the sum of seven thousand five hundred dollars for rural libraries, as pro- vided in section four thousand one hundred and seventy-nine of the Revisal of one thousand nine hundred and five of North Caro- lina. That no county needing aid from this appropriation for a four-months school term in every district shall receive any funds therefrom until it shall have levied the special tax herein required of it for that purpose. 1909, c. 508. 4106. Excessive appkopriations foe schoolhouses exclude eeom BENEFITS OF THIS SUBCHAPTER. No appropriation shall be made to any county vfherein has been expended or set aside during the fiscal year for the purpose of building schoolhouses a percentage of the total school fund of such county greater than the following : In counties with a total school fund of five thousand dollars or less, not to exceed twenty per centum thereof; in counties with a total school fund of over five thousand dollars and not more than ten thousand dollars, not to exceed sixteen per centum thereof; in counties with a total school fund of over ten thousand dollars and not more than twenty-five thousand dollars, not to exceed ten per centum thereof; in counties with a total school fund of over Section 4107. 33 twenty- five thousand dollars, not to exceed seven and one-half per centum thereof. Nor shall any appropriation be made under this subchapter to any county if it appear that the requirements of the school law in rosard to the apportionment of funds to the various districts have not been complied with in all respects. 1003. c. 751, s. 10. VII. SCHOOL FUNDS PROVIDED BY COUNTY AND LOCAL TAXATION AND APPORTIONMENT OF THE SAME. Summary: 1. The proceeds of the sale of estrays ; all fines, penalties and forfeitures ; liquor license taxes and auction- eers' license tax. 2. The proceeds of three-fourths of the general poll tax, the maximum of which is two dollars, on all male persons between twenty-one and fifty years of age.* 3. The proceeds of an 18 cents tax on each $100 assessed valuation of real and personal property.* 4. The proceeds of a maximum special tax of 30 cents on EACH .$100 assessed valuation of property and 90 cents on each POLL MAY be levied BY A MAJORITY VOTE OF THE QUALIFIED VOTERS of any INCORPORATED TOWN OR SCHOOL DISTRICT. 5. The proceeds of a maximum township high-school tax of 30 cents on each $100 assessed valuation of property and 90 cents on each poll may be levied by a MAJORITY" VOTE OF THE QUALIFIED VOTERS OF ANY TOWNSHIP. 0. The PROCEEDS of such special school TAX AS ANY TOWN OR CITY BY ITS CHARTER OR BY A SPECIAL ACT OF THE GENERAL ASSEM- BLY MAY ACQUIRE THE RIGHT TO LEVY BY THE APPROVAL OF A MA- JORITY' OF ITS QUALIFIED VOTERS. The APPORTIONMENT OF THE PROCEEDS OF THE STATE FUNDS AND THOSE INCLUDED IN 1-3 ABOVE IS CONTROLLED BY' THE COUNTY BOARDS OF EDUCATION, ACCORDING TO SECTION 4116, BELOW ; ALL OTHER SCHOOL FUNDS ARE ENTIRELY UNDER THE CONTROL OF THE LOCAL SCHOOL COM- MITTEES OR BOARDS OF EDUCATION. 4107. County educational fund for free public schools. All moneys, stocks, bonds and other property belonging to a county school fund ; also the net proceeds from sales of estrays ; also the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of the State, and all moneys which shall be paid "Revisal 190'), sees. 5109 and 5110; Constitution, Art. V. sees. 1 and 2. 34 Sections 4108-10. by persons as equivalent for exemption from military duties ; also the net proceeds of any tax imposed on licenses to retailers of wines, cordials or spirituous liquors, and to auctioneers, shall be- long to and remain in the several counties and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties as established in pursuance of the Consti- tution. The amount collected in each county shall be reported an- nually to the State Superintendent of Public Instruction. Const, Art. IX, s. 5 ; 1901, c. 4, s. 5. 410S. County officeks file list of fines and penalties v^^ith COUNTY board OF EDUCATION. The clerks of all State and municipal courts and the clerks or other officials having in custody the rec- ords of any city or town in the State shall furnish to the county board of education of their respective counties, on the first Mon- day of July and January of each year, a detailed statement of fines, forfeitures and penalties which go to the school fund, that have been imposed or which have accrued. 1901, c. 4. s. 62. 4109. Tax lists to have separate columns for school taxes. The Auditor shall include on the form which he furnishes to the board of county commissioners, and on which the tax lists are to be made out, separate columns for school poll tax and school property tax and for special county and district taxes on property and polls. In one of these columns shall be written the total poll tax levied by the State and by the county authorities for schools and due by the taxpayer. In the other column shall be written the total property tax levied by the State and by the county authorities and due by the taxpayer. 1901, c. 4, s. 60. 4110. Register of deeds to furnish abstracts of tax lists to COUNTY BOARD. The register of deeds shall furnish to the county board of education, as soon as the tax lists are made out, an ab- stract of such lists, showing in separate columns the total amount of poll tax on such lists, and also the total amount of property tax thereon, and also in another column the amount of special county and district poll taxes, and in a separate column the amount of special county and district property taxes ; and shall furnish such other information from his office as the county board of education may require. 1901, c. 4, s. 61. Sections 4111-12. 35 4111. Sheriff's liability, civil and criminal, for failure to SETTLE SCHOOL TAX. The Sheriff of each county shall pay annually In money to the treasurer of the county school fund, on or before the thirty-tirst day of December of each year, the whole amount for school purposes collected by both State and county, less his lawful commission for collecting the same, and such sum as may be allowed on account of insolvents for the current year, and on failing to do so shall be liable to an action on his official bond for his default in such sum as will cover such default, such action to be brought to the next ensuing term of the Superior Court in the name of the State upon the relation of the board of county commissioners. In making settlement w'ith the treasurer the sheriff or tax collector shall make separate account of insolvents and delinquents allowed, whether on property or capitation tax. The county superintendent shall make copies of the fines and pen- alties reported by justices of the peace and reported to clerk of Superior Court, and file the same with the county board. Code, s. 723 ; 1901, c. 4, s. 54 ; 1905, c. 533, s. 20. 4112 (Substitute for). On or before the first Monday in June of each and every year the county board of education of each county shall ascertain the amount of money that will be needed to maintain the public schools of such county for four mouths dur- ing the succeeding school year. The board of education, using as a basis the receipts for school purposes during the current school year ending June thirtieth, shall ascertain the amount that will be available for school purposes from the regular school tax, from fines and penalties and from the amount appropriated under sec- tion four thousand and ninety-seven of the Revisal of one thou- sand nine hundred and five of North Carolina. If the amount to be received is less than the amount ascertained to be needed, the board of education shall submit a statement of the above facts to the board of county commissioners of such county ; and it shall be the duty of the board of county commissioners to levy a special tax on all property and polls in said county to supply one-half the deticiencj' for the support and maintenance of the public schools of such county for four mouths: Provided, that this special tax shall not be less than one cent on the one hundred dollars valua- tion of property and three cents on each poll, nor more than five cents on the one hundred dollars valuation of property and fifteen cents on each poll in any county. This tax shall be levied and collected as other county taxes are levied and collected, and the 36 Section 4113. funds thus raised shall be expended in such manner as the county board of education may determine for maintaining one or more public schools in each school district for four months in each year. The calculation of the amount that will be necessary shall state separately the amounts needed for supervision, for adminis- tration, for buildings and repairs, for expenses (this to be item- ized) and for salaries of teachers. The limitation placed by law on each of these objects shall not be exceeded. The county board of education shall further state the number of teachers, white and colored, to be employed in each district, and the salary of each teacher in each district, and the average of salaries to be paid, according to this statement, shall not exceed the average salaries paid in the State during the preceding year for white teachers and colored teachers, respectively. In the event of a disagreement between the county board of education and the board of county commissioners as to the rate of tax to be levied, the county board of education may bring an action in the nature of mandamus against the board of county commissioners to compel the levy of such special tax in the manner and form as provided in sections eight hundred and twenty-two and eight hundred and twenty-four of the Revisal of one thousand nine hundred and five of North Carolina, and it shall be the duty of the judge hearing the same to find the facts as to the amount needed and the amount available from the sources herein specified, which finding shall be conclusive, and to give judgment, requiring the county commissioners to levy the sum which he shall find necessary to maintain the schools for four months in said county. 1909, c. 508. 4118. Special tax may be voted eoe township high schools. In any township, upon petition of one- fourth of the freeholders of the township, approved by the county board of education, the board of county commissioners, after thirty days' notice at the courthouse door and three public places in the township, shall hold an election to ascertain the will of the people within the township whether there shall be levied in said township a special annual tax of not less than ten cents nor more than thirty cents on the one hundred dollars valuation of property and not less than thirty cents nor more than ninety cents on each poll, in addi- tion to all other taxes levied for all other purposes, to be used for the establishment of a central high school or high schools in said township, in case such special tax is voted. The board of Section 4113. 37 county commis.siouers shall appoint a registrar and order a new registration tor said township, and said election shall be held in the said township under the law governing general elections, as nearly as may be, and the expenses of such election shall be paid out of the general county school fund. At said election those who are in favor of the levy and collection of said tax shall vote a ticket on which shall be printed or written the words "For High-school Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words "Against High- school Tax." In ease a majority of the qualified voters at said election are in favor of said tax, then so much of the tax on property and polls herein provided for as in the judgment of the committee may be necessary shall be annually levied and collected in the manner prescribed for the levy and collection of other taxes. All moneys levied under the provisions of this section shall, upon collection, be placed by the treasurer of the county school fund to the credit of the township high-school committee, composed of three members, appointed by the county board of edu- cation, and shall be expended exclusively by said committee in establishing and maintaining one or more high schools in said township, under such rules and regulations as to its conduct and such course or courses of study as shall be prescribed by the State Superintendent of Public Instruction. The powers, duties and qualifications of the committeemen provided for in this section shall be similar to those of other school committeemen, and they shall have the same power to apportion the funds so raised as is conferred upon the county board of education for apportionment of the general fund among the schools of the township. And the provisions of this section shall not be so construed as to prevent the teaching of the elementary branches in such high schools as may be established, nor so construed as to prevent the county board of education from making such apportionment of public school funds to such high schools as they may deem equitable and just : Provided, that township high schools may also be estab- lished without the levying of a special high-school township tax, where the public funds are sufficient for that purpose, under such rules and regulations as to organization and course of study as the State Superintendent of Public Instruction shall prescribe : Provided further, that high-school subjects may be taught in all public schools employing more than one teacher, according to such rules and regulations as to organization and course of study as shall be prescribed by the State Superintendent of Public Instruo- 38 Sections 4114-15. tion, where the public funds are sufficient to provide for such teaching; but the high-school branches taught in such schools shall not interfere with the thorough teaching of the elementary branches. 1905, c. 533, s. 13. 4114. Special tax may be voted in cities and towns. In every incorporated city or town in which there is not now levied a special tax for schools, upon a petition signed by one-fourth of the freeholders therein, the board of aldermen or town commissioners of said city or town shall, at the date of municipal or general election next ensuing, upon the presentation of said petition, order an election to be held to ascertain the will of the people whether there shall be levied in such city or town a special annual tax of not more than thirty cents on the one hundred dollars valuation of property and ninety cents on the poll to supplement the public- school fund in such city or town. Said election shall be held in the different election precincts or wards under the law governing municipal or general elections in said cities or tovms. At said election those who are in favor of the levy and collection of said tax shall vote a ticket on which shall be printed or written the words "For Special Tax," and those who are opposed shall vote a ticket on which shall be printed or written the words "Against Special Tax." In case a majority of the qualified voters at said election is in favor of said tax, the same shall be annually levied and collected in such town or city in the manner prescribed for the levy and collection of other city taxes. All moneys levied uuder the provisions of this section shall, upon collection, be placed to the credit of the town school committee, composed of not less than five nor more than seven members, appointed by the board of alder- men for said city or town, and shall be by said committee expended exclusively upon the public schools in said city or town ; and there shall be but one school district in the said city or town, in which there may be established one or more schools for each race, and the school committee shall apportion the money among said schools in such manner as in their judgment will equalize school facilities. 1901, c. 4, s. 71. 4115. Special tax may be voted in special school distbicts. Special school-tax districts may be formed by the county board of education in any county, without regard to township lines, under the following conditions : Upon a petition of one-fourth of the freeholders within the proposed special school district, in whose SwTioN 4115. 39 names real estate iu such district is listed iu the tax lists of the current fiscal year, endorsed by the county board of education, the board of county commissioners, after thirty days' notice at the courthouse door and three public places in the proposed district, shall hold an election to ascertain the will of the people within the proposed special school district whether there shall be levied in such district a special annual tax of not more than thirty cents on the one hundred dollars valuation of property and ninety cents on the poll to supplement the public-school fund which may be ap- portioned to such district by the county board of education iu case such special tax is voted. The board of county commissioners shall appoint a registrar and two pollholders, and shall designate a polling place and order a new registration for such district, and the election shall be held iu the district under the law governing general elections, as near as may be, and the registrar and poll- holders shall canvass the vote cast and declare the result, and shall duly certify the returns to the board of county connnissiouers. and the same shall be recorded iu the records of said board of commis- sioners : Proclded, the expense of holding said election shall be paid out of the general school fund of the county. At such election those who are in favor of the levy and collection of the tax shall vote a ticket on which shall be printed or written the words "For Special Tax." and those who are opposed shall vote a ticket on which shall be printed or written the words "Against Special Tax." In case a majority of the qualified voters at the election is iu favor of the tax, the same shall be annually levied and collected in the manner prescribed for the levy and collection of other taxes. All moneys levied under the provisions of this section shall, upon collection, be placed to the credit of the school committee in such district, which committee shall be appointed by the county board of education, and such school committee shall apportion the money among the schools in such district in such manner as in its judg- ment shall equalize school facilities. Upon the written request of a majority of the committee or trustees of any special-tax district, the county board of education may enlarge the boundaries of any special-tax district established under this section, or hij special act or charter of the General Assemhly of North Carolina, so as to in- clude any coutiguoUjS territory, and an election in such new terri- tory may be ordered and held in the same manner as prescribed in this section for elections in special-tax districts ; and in case a majority of the qualified voters in such new territory shall vote at such election in favor of a special tax of the same rate as that 40 Sexjtion 4116. voted aud levied iu the special-tax district to which said territory- is coutiguous, then the new territory shall be added to and become a part of the said special-tax district; and in case a majority of the qualified voters at such election shall vote against said tax, the district shall not be enlarged. Tpon petition of two-thirds of the qualified voters residing in any special-tax district established under this section, endorsed and approved by the county board of education, the board of county commissioners shall order an- other election in said district for submitting the question of re- voking said tax aud abolishing said district, to be held under the provisions prescribed in this section for holding other elections: Provided, that no election for revoking a special tax in any special- tax district shall be ordered and held in said district within less than two years from the date of the election at which the tax was voted and the district established, nor at any time within less than two years after the date of the last election on said question in said district ; and no petition revokiny such tax shall he ap- proved 'by the county board of education oftener than once in two years, and if at such election a majority of the qualified voters in said district shall vote "Against Special Tax," said tax shall be deemed revoked and shall not be levied, and said district shall be discontinued: Provided further, that the provisions for ordering a new election to revoke a special tax in any special-tax distrfcf shall not apply to elections in such districts for increasing or restoring the special-tax levy in such district, which elections may be ordered aud held at any time in accordance with the provisions of this section for establishing new special-tax districts. 1901, c. 4, s. 72; 1903, c. 435, s. 24; 1905. c. 533, s. 14; 1909, c. 525 ; 1911, c. 135. 4116. Apportionment of school funds ; eesekvation of con- tingent FUND. The county board of education shall, on the first Monday in January and the first Monday in July of each year, apportion the school fund of the county to the various townships per capita ; but it shall, before apportioning the school fund to the various townships, reserve as a contingent fund an amount sufficient to pay the salary of the county superintendent and per diem and expenses of the county board of education, and shall set aside one-sixth, if necessary, of the total school fund to be used in securing a four-mouths school term in every school in the county ; and may further reserve as a fund for building and repairing schoolhouses and for equipment, iu counties with a total school fund of five thousand dollars or less, not more Section 411G. 41 thau twenty per centum thereof; in counties witli a total sctiool fund of over five thousand doHars and not more than ten thou- sand dollars, not more than sixteen per centum thereof; in coun- ties with a total school fund of over ten thousand dollars and not more than twenty-five thousand dollars, not more than ten per centum thereof; in counties with a total school fund of over twenty-five thousand dollars, not more than seven and a half per centum thereof, to be used as directed in section four thousand one hundred and twenty-four. It shall be the duty of the county board of education to distribute and apportion the school money of each township so as to give to each school in the township for each race the same length of school term, as nearly as may be, each year. In making such apportionment the board shall have proper regard for the grade of work to be done and the qualifica- tions of the teachers required in each school for each race. As soon as the apportionments are made, it shall be the duty of the board to notify the school committeemen and the treasurer of the county school fund of the amount apportioned to each school, des- ignating each school by number, and stating whether for white, colored or Indian, and naming the township and county. Funds unused by any district during any year shall, if still unused at the January meeting subsequent to the close of the school year, be returned to the general school fund for reapportionment, unless such district shall have been prevented from using such funds during that year by providential or other unavoidable causes. 1901, c. 4, s. 24 ; 1903, c. 435, s. 9. [No county tvhich does not apportion its school fund according to this section can Icgallif ask for aid from the second $100,000. The apportionment of the school fund, therefore, strictly accord- ing to this section, is highly important. The following are the successive steps to observe: 1. Determine, first of all, what the total school fund is. 2. Next reserve the contingent fund to pay the salary of the county superintendent and the mileage, per diem and expenses of the county board. 3. Reserve, if necessary, what may be needed for building, observing that the amount for this purpose is limited according to the amount of the total fund. -}. Ascertain the school population of the whole county, and calculate what the per capita is for each child, after deducting the sum of the contingent fund and the building fund. 6 42 Section 4116. 5. Multiply the per capita thus found dy the whole number of children in each township, which will give the apportionment due each township. 6. Then fix the salary to he paid the teacher, tohite or Mack, of each school in each township, and also fix the amount of inci- dental expenses for each school. The sum of the salary for the term and the incidental expenses loill he the apportionment to each district. 7. After this has heen done, it can he easily ascertained what townships, if any, will not have a four-months term, and what townships, if any, will have more than a four-months term. If no townsllip can thus he given a four-months term, the apportion- ment is then complete; hut if it is found that some townships hy this method icill have more than a four-months term and some less, then as much af the school fund of those toivnships tchich will have more than a four-months term must he used to secure to all the schools of the other townships an increased school term hy as much as one-sixth of the total fund apportioned will increase it. In other icords, an amount equal to one-sixth of the total fund apportioned as ahove directed, if necessary, should he taken from the apportionment to the stronger totcnships which will have more than a four-months term and used to aid the weaker townships to have as nearly as possible a four-months term. This reserve fund should he taken pro rata from the stronger toionships and added to the fund of the weaker town- slbips so as to equalise the school term. S. If the apportionment made hy adhering to the instructions in 1 to 6 ahove will result in giving all the schools of all the town- ships more than a four-months term, hut will give to some town- ships a much longer term than to others, then it is the spirit of the law to use as much as one-sixth of the total fund apportioned to equalize the school term in the tveaker townships. It should always he remembered that no per capita apportion- ment of the school fund directly to the district is a legal appor- tio7iment in any county, under this section, and that no other method of apportionment than that outlined ahove is legal and equitable. For instance, if one first-grade salary is fixed for a district containing sixty-five children of school age, and one first- grade salary is fixed for another district containing forty-five children of school age in the same township, the apportionment to each district ivould necessarily have to he the same, unless there was a difference in the necessary incidental expenses or in the kind of first-grade teacher to be employed. The law contem- plates only an apportionment to the township per capita, and then Sections 4117-18. 43 such a distrihution of the fiinds of the township as will give each district in the toivnship, large or small in population, the same length of school term. This cannot be done, unless the board fixes the salary to be paid the teacher of each, school in the township and apportions the school fund of the township accordingly. Of course, it tcould be entirely proper not to fix the same salary for every first-grade teacher, tcithout regard to the grade of tcork required in each school and the qualifications of individual first- grade teachers. What has been said above does not apply to special local-tax funds under the control of the school committees. And, finally, the term "tceak districts" necessarily applies to all the districts of a toicnship, for there can othenmse be provided no such equality of school term in' the toicnships as this section con- templates.] 4117. Apportionment, basis of. The semiannual apportionment of public-school money shall be based upon the amounts actually received by the county treasurer from all sources and reported by him to the county board of education, as required by this chapter. 1901, c. 4, s. 25. 4118. Fiscal school yeab. The fiscal school year shall begin on the first day of July and close on the thirtieth day of June next succeeding. 1901, c. 4, sec. G7. A Decision of the Superintendent. Would the investment of the proceeds of the sale of old school property in neiv property reduce by the amount of such proceeds the part of the general county school fund that may be annually invested in school buildings? The purpose of limiting the amount of the school fund that can be annually expended for school buildings was to prevent the hurtful decrease of the school term. Using the proceeds of the sale of old school property for new and better property is simply exchanging school property, and need not be accounted for in the annual apportionment of the school fund of the county. VIII. THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION. Summary: The county board is composed of three members elected by the General Assembly. Corporate powers as to ac- quiring, holding and disposing of school property are con- ferred on this board, and it has additional power to make 44 Section 4119. eegulations governing the attendance of pupils on the schools and of teachers on educational meetings. this board also controls the time the schools may be in session, the building and repair of all schoolhouses, and may create or abolish or CONSOLIDATE SCHOOL DISTRICTS. In ADDITION TO THE EXERCISE OF THE USUAL CORPORATE POWERS, THIS BOARD MAY CONDEMN LAND FOR SCHOOL SITES AND MAY PUNISH FOR CONTEMPT. ALL NECESSARY POWER TO ENFORCE THE SCHOOL LAW IS CONFERRED ON THIS BOARD, WITH EXPLICIT POWER TO REMOVE THE COUNTY SUPERINTENDENT UPON THE COMPLAINT OF THE StATE SUPERINTENDENT, AND TO REMOVE ANY TEACHER FOR IMMORAL CONDUCT. 4119. Election of ; vacancies in, how filled. The General As- sembly of one thousand nine hundred and nine shall appoint three men in each county, who shall constitute the county board of edu- cation — one for a term of office of two years, one for a term of office of four years and one for a term of office of six years. The term of office of each shall begin on the first Monday in July next succeeding his appointment. Each succeeding General Assembly, at its regular session, shall appoint one member of the county board of education in place of the member whose term of office expires on the first Monday in July next succeeding that meeting of the General Assembly, and his term of office shall continue for six years from the first Monday in July next succeeding his ap- pointment and until his successor is duly appointed and qualified : Provided, that the provisions of this section shall not apply to those counties in which the county boards of education were, at the general election of nineteen hundred and eight, elected by a vote of the people. No person shall be eligible as a member of the county board of education who is not known to be a man of intelligence, of good moral character, of good business qualifications and heartily in favor of public education. In case of a vacancy in the county board of education, by death, resignation or other- wise, such vacancy shall be filled by the remaining members of such county board ; but if such vacancy should remain un- filled for thirty days after it occurs, it shall be filled by the State Board of Education. Upon failure of the General Assembly to appoint one or more members of the county board of education for any county as herein provided, such failure shall constitute a vacancy, which shall be filled by the State Board of Education : Provided, that no person, while actually engaged in teaching in the public schools, shall be eligible as a member of the county board of education. 1901, c. 4, s. 12 ; 1903, c. 269, c. 439, s. 3 ; 1905, c. 533, s. 3 ; 1909, c. 435. Sections 4120-22. 45 4120. Qualification of members ; failure to qualify ; vacancy. Those persons who shall be appointed members of the county board of education by the General Assembly must qualify by taking the oath of office on or before the first Monday in July next succeeding their appointment. A failure to qualify within that time shall constitute a vacancy, which shall be filled by the State Board of Education. Those persons who shall be elected or appointed to fill a vacancy must qualify within thirty days after notification thereof. A failure to qualify within that time shall constitute a vacancy, to be filled by the board which made such election or appointment. 4121. Incorporated ; powers and duties of. The county board of education shall be a body corporate by the name and style of the County Board of Education of County, and by that name shall be capable of purchasing and holding real and personal estate, of building and repairing schoolhouses, of selling and transferring the same for school purposes, and of prosecuting and defending suits for or against the corporation. It shall have power and authority, and it shall be its duty, to institute and prosecute any and all actions, suits or proceedings against any and all officers, persons or corporations, or their sureties, for the recoveiy, preservation and application of all moneys or property which may be due to or should be applied to the support and main- tenance of the schools, except in case of a breach of his bond by the treasurer of the county school fund, in which case action shall be brought by the county commissioners as is hereinafter provided. 1901, c. 4, s. 13 ; 1903, c. 435, s. 4. 4122. Rules and regulations for schools, teachers and PUPILS. The county board of education shall have power and authority to fix and determine the method of conducting the public schools in their respective counties, so as to furnish the most advantageous method of education available to the chil- dren attending the public schools in the several counties of the State; and such board and the county superintendent of public instruction shall have full power to make all just and needful rules and regulations governing the conduct of teachers and pupils as to attendance on the schools, discipline, tardiness and the gen- eral government of the schools. 1903, c. 435, s. 4. 46 Sections 4123-24. [Under the provisions of this section the county doard and the county superintendent may make and enforce such attendance regulations as may de necessary to secure regular and prompt attendance on the part o-f the children. The same authority may also regulate the attendance of teachers on all meetings which may he thought to promote educational progress.^ 4123. Time of opening and closing schools. The time of open- ing and closing tlie public schools in the several public-school dis- tricts of the State shall be fixed and determined by the county- board of education in their respective counties. The board may fix different dates for opening the schools in different townships, but all the schools of each township must open on the same date, as nearly as practicable. 1903, c. 435, s. 4. [This section simply means that the school term must not he divided and taught during different seasmis of the year unless some epidemic or other providential cause interferes with the regular term. The county hoard must exercise this control if it would carry out the provisions of section 41iG-] 4124. SCHOOLHOUSES, building and approval of ; contracts for. The building of all new schoolhouses shall be under the control and direction of. and by contract with the county board of educa- tion. The board shall pay not exceeding one-half of the cost of the same out of the fund set aside for building, under section four thousand one hundred and sixteen, and the school district in which any schoolhouse is erected shall pay the other part, and upon failure of such district to provide its part by private sub- scription, or otherwise, the board is directed to take it out of the apportionment to that district; but the board shall not be author- ized to invest any money in any new house that is not built in accordance with plans approved by the State Superintendent of Public Instruction. All contracts for buildings shall be in writing, and all buildings shall be inspected, received and approved by the county superintendent of public instruction before full pay- ment is made therefor. 1903, c. 435, s. 4. [This means that the county hoard, out of the huilding fund %Dhich it may reserve hy the provisions of section JtllG, shall pay not exceeding one-half the cost of huilding any new schoolhouse, the other part of the expense to he home hy the district; hut the Sections 4125-26. 47 hoard has compJetc control of the whole subject, and may forhid the erection of a sclioolhouse in a district xchich ought not to exist. It must he remembered that no house can he huilt except in accordance tcith plans approved hy the State Superintendent, and the county hoard is charged with the duty of carrying into effect this provision to secure neat, comfortable and attractive houses. Pamphlets containing plans of such houses as will he approved by the State Superintendent, together tvith specifications, esti- mates of cost and bills for material, will be furnished by the State Superintendent on application.] 4125. Power of, to execute school law. Iu addition to all other duties and powers imposed and conferred upon it by law, the county board of education shall have genei'al control and supervision of all matters pertaining to the public schools in their respective counties, and are given the powers to execute and are charged with the due execution of the school laws in their respec- tive counties ; and all powers and duties conferred and imposed by this chapter and other laws of the State respecting public schools which are not expressly conferred and imposed upon some other official are conferred and imposed upon the county boards of education, and an appeal shall lie from all other county school officers to such board. 1901, c. 4, s. 14. 412G. Removal of county superintendent, members of county BOARD AND SCHOOL COMMITTEEMEN. In case the State Superintend- ent shall have sufficient evidence at any time that any county su- perintendent of public insti*uction or any member of the county board of education is not capable of discharging or is not dis- charging the duties of his office, as required by this chapter, or is guilty of immoral or disreputable conduct, he shall report the mat- ter to the county board of education, which shall hear evidence in the case; and if, after careful investigation, it shall find sufficient cause for his removal, it shall declare the office vacant at once and proceed to elect his successor. Either party may appeal from the decision of the county board of education to the State Board of Education, which shall have full power to investigate and review the decisions of the county board of education. This section shall not deprive any county superintendent of the right to tiy his title to his office in the courts of the State. In case the county superin- tendent shall have sufficient evidence at any time that any mem- ber of any school committee is not capable of discharging or is not 48 Sections 4127-29. discharging the duties of his office, he shall bring the matter to the attention of the county board of education, which shall thor- oughly investigate the charges, and shall remove such committee- man and appoint a successor, if sufficient evidence shall be pro- duced to warrant his removal and the best interests of the schools demand it. 1901, c. 4. ss. 10, 42. 4127. May hold investigations ; issue subpcenas ; seevice of SAME ; appeal to Supekior Couet. The county board of education shall have power to investigate and pass upon the moral charac- ter of any teacher in the public schools of the county, and to dis- miss such teacher if found of bad moral character; also to inves- tigate and pass upon the moral character of any applicant for a teacher's certificate or for employment as teacher in any public school in the county. Such investigation shall be made, after written notice of not less than ten days, to the person whose char- acter is to be investigated. The board shall have power to issue subpoenas for the attendance of witnesses. Subpoenas may be issued in any and all matters which may lawfully come within the powers of the board and which in the discretion of the board require investigation ; and it shall be the duty of the sheriffs, coroners and constables to serve such subpoenas upon payment of their lawful fees. Appeals provided for in this chapter shall be regulated by rules to be adopted by the board. The Superior Courts of the State may review any action of the county board of education affecting any one's character or right to teach. 1901, c. 4, s. 15. 4128. PowEE TO PUNISH FOR CONTEMPT. The couuty board of education of each county shall have power to punish for contempt for any disorderly conduct or disturbance tending to interrupt it in the transaction of official business. 1901, c. 4, s. 28. 4129. School districts, how formed. The county board of edu- cation shall divide the townships into convenient school districts, as compact in form as practicable. It shall consult the conven- ience and necessities of each race in setting the boundaries of the school district for each race, and shall establish no new school in any township within less than three miles by the nearest traveled route of some school already established in said township, nor shall it create any school district with less than sixty-five chil- Section 4130. 49 dren of school nge, unless such district shall contain at least twelve square miles or shall be separated by danijerous natural barriers from a school hou^e in the district of which the proposed new district Is a part. Nothing in this chapter shall prevent the board, whenever it shall deem it necessary for the good of the public schools, from forming a school district out of portions of two or more contiguous townships. School districts may be formed out of portions of contiguous counties by agreement and consent of the county boards of education of the two counties, and in case of the formation of such districts the per capita part of the public-school money due the children residing in one county shall be apportioned by the county board of education of that county and paid to the treasurer of the other county in which the schoolhouse is located, to be placed to the credit of the school dis- trict so formed. The county hoard of education of any county is authorized and empoicered. to change the boundary lines hctween local-tax school districts in said county upon satisfactory evidence furnished to said hoard that the convenience and hest interests of the resi- dents of the diMricts require such change: Provided, that this authority to change boundaries hetivcen local-taw districts shall not have the effect of releasing any taxpayer from the ohligation of paying his school taxes, hut shall he exercised only for trans- ferring said taxpayer and his property from one local-tax district to another in ivhich the same rate of special taxation for schools is levied. Upon the consolidation of tiro or more school districts into one hy the county hoard of education, the said county hoard of edu- cation is authorized and empotcered to make provision for the transportation of pupils in said consolidated district that reside too far from the schoolhouse to attend xvithout transportation, and to pay for the same out of the apportionment to said consoli- dated districts: Provided, that the daily cost of transportation per pupil shall not exceed the daily cost per pupil of providing a sepa- rate school in a separate district for said pupils. 1901, c: 4, s. 29 ; 1903, c. 435, s. 12 ; 1905, c. 533, s. 7 ; 1909, c. 85G ; 1911, c. 135. 4130. INlAY ACCEPT DONATIONS ; MAY SEU!, SCHOOL PROPERTY. The county board of education may I'eceive any gift, grant, donation, or devise made for the use of any school within its jurisdiction. When in the opinion of the board any schoolhouse, schoolhouse 50 Section 4131. site or other public school property has become unnecessax*y for public purposes, it may sell the same at public auction, after ad- vertisement of twenty days at three public places in the county, or at private sale. The deed for the property thus sold shall be executed by the chairman and secretary of the board, and the proceeds of the sale shall be paid to the treasurer of the county school fund. 1901, c. 4, ss. 30, 36. 4131. School sites may be acquired by gift, purchase or con- demnation. The county board of education may receive suitable sites for schoolhouses by donation or purchase. In case of pur- chase, it shall issue an order on its treasurer for the purchase money, and upon payment of the order the title to the site shall vest in the corporation in fee simple. Whenever the board is un- able to obtain a suitable site for a school by gift or purchase, it shall report to the county superintendent of public instruction, who shall, upon five days' notice to the owner of the land, apply to the clerk of the Superior Court of the county in which the land is situated for the appointment of three appraisei-S, who shall lay off by metes and bounds not more than two acres, and assess the value thereof. The same means may be used to obtain more land in a district where there is a house or a site previously obtained, but not more than three acres shall be procured, including the site already obtained. They shall make a written report of their pro- ceedings, to be signed by them or by a majority of them, to the clerk, within five days from their appointment, who shall enter the same upon the records of the court. The appraisers and offi- cers shall serve without compensation. If the report is confirmed by the clerk, the chairman and the secretary of the board shall issue an order on the treasurer of the county school fund in favor of the owner of the land thus laid off, and upon the payment or offer of payment of this order the title to such land shall vest in fee simple in the corporation. Any person aggrieved by the action of the appraisers may appeal to the Superior Court in term, upon giving bond to secure the board against such costs as may be in- curred on account of the appeal not being prosecuted with effect. 1901, c. 4, s. 31 ; 1903, c. 435, s. 13 ; 1905, c. 533, s. 8 ; 1911, c. 135. [Several acres of land ought always to 6e secured for the site of a rural school, if jwssible.] Sections 4132-34. 51 4132. Deeds to be filed with clerk ; secretary to keep index. All deeds to the county board of education shall be registered and delivered to the cleric of the Superior Court for safe-keeping, and the secretary of the county board of education shall keep an index, by township and school districts, of all such deeds in u book for that purpose. 1901, c. 4, s. 32 ; 1903. c. 435, s. 14. [This section requires the county superintendent to keep a con- vcnient index of the deeds for all the school property of the county.] 4133. Meetings of; duties at. The county board of education shall meet on the first Monday in January. April, July and Octo- ber, and may, if necessary, continue in session two days, and it may have called meetings, of one. day each, as often as once a month if the school business of the county require it. It shall, at the meetings in January, April, July, and October, examine the books and vouchers and audit the accounts of the treasurer of the county school fund. The boards of education of the several coun- ties shall cause to be published annually on the first Monday of August in some newspaper published in the county, or at the courthouse door if there he no neivspapcr published therein, an itemized statement of all receipts and expenditures of school funds. 1891, c. 460; 1901, c. 4, s. 27; 1903, c. 435, s. 26; 1905, c. 533, s. 21 ; 1911, c. 135. 4134. Superintendent and treasurer to meet with, in July, TO settle all business of fiscal year. On the first Monday in July the county board of education, county superintendent of pub- lic instruction and treasurer shall meet at the office of the board and settle all the business of the preceding fiscal year. The board shall on that day examine the reports of treasurer and county su- perintendent, and if found correct shall direct them to be for- warded to the State Superintendent within thirty days thereafter. 1901, c. .4, s. 59 ; 1903, c. 435, s. 20. Compensation of members of board. The members of the county board of education shall receive two dollars per diem and the same mileage as is allowed to the members of the board of county commissioners of their counties. Revisal of 1905, v. I, c. 66, s. 2786. 52 Decisions. Decision of State Superintendent. What is the duty of the county hoard in the selection of a super- intendent? The hoard has no more important duty than this, of electing a county superintendent. I heg to urge the ohservance of the fol- lowing in the selection of a county superintendent: (1) Without fear, ivithout prejudice, political or sectarian, hav- ing hefore your eyes only the xcelfare of the children and the suc- cess of the public schools, select the most competent man to he had for the money, choosing him from your county if such a> man is to he found there, and if not to he found in the county, seeldng him wherever he can he found, as the law permits. (2) If your present county superintendent possesses the necessary qualifica- tions for a successful administration of his delicate, difficult and important duties, as I trust lie may, reelect him and give him a chance to shoio tchat is' in him and to make a greater success of his work, hy paying him, if possible, a sufficient salary, under section 2782, to justify him in giving all his time and thought to the iDork of supervision and to justify you in requiring him to do this. (3) Take advantage of the law and pay your superintend- ent as large a salary as your school fund tcill justify; hut he sure that you get more man and more time for more money. IX. THE POWERS AND DUTIES OF THE COUNTY SUPERINTENDENT. Summary: The county superintendent is elected foe a teem OF two yeaes by the county board on the fibst Monday in July. He must be a man of libeeal education and of good moeal chaeactee, and must also be a practical teacher or have had two yeaes' expeeience in teaching. Dueing the public-school teem he must visit the public schools, and he cannot ENGxVGE IN school woek which will nullify this eequieement. The COUNTY SUPEEINTENDENT IS SECRETARY OF THE COUNTY BOARD, AND must HAVE HIS OFFICE AT THE COUNTY-SEAT. He IS EEQUIEED TO HOLD TOWNSHIP TEACHERS' MEETINGS, SUPERVISE THE WOEK OF THE TEACHERS, ATTEND THE STATE ASSOCIATION OF COUNTY SUPERIN- TENDENTS, MUST INSTRUCT COMMITTEEMEN AS TO THEIR DUTIES, MUST DISTRIBUTE THE BLANK FORMS FUENISHED HIM BY THE STATE SUPEEINTENDENT, MUST MAKE EEPOETS TO THE STATE SUPEEINTEND- ENT, AND HE MUST FURNISH STATISTICS AS TO THE NUMBER OF DEAF AND DUMB AND BLIND CHILDREN IN HIS COUNTY. If THE COUNTY Sections 4135-3G. 53 school fund exceeds $15,000 annually, he may be paid such salary as the county board may fix ; otherwise, his salary may be fixed at four per cent of the disbursements of thei school fund, or it may be fixed at not less than $3 a day for the time actually employed. no voucher in the hands of the treasurer of the school fund is a valid voucher unless signed by the county superintendent. under certain conditions, the county superintendent has charge of the examination and certification of teachers. 4135. Election, qualification and term of office ; vacancy. The county board of education, on the first Monday in July, one thousand nine hundred and five, and biennially thereafter, shall elect a county superintendent of public instruction, who shall be at the time of his election a practical teacher, or who shall have had at least two years' experience in teaching school, and who also shall be a man of liberal education, and shall otherwise be qualified to discharge the duties of his office as required by law, due regard being given to experience in teaching. Such superin- tendent must be of good moral character, and shall hold his office for a term of two years from the date of his election and until his successor is elected and qualified. Any person who has filled the office of county superintendent for four years next preceding the eleventh day of March, one thousand nine hundred and one, shall be eligible to such office in Bertie and Bladen and Columbus coun- ties, if the election of such person meets the approval of the State Board of Education. In case of vacancy, by death, resignation or otherwise, in the office of county superintendent, such vacancy shall be filled by the county board of education. The county superintendent of public instruction shall have au- thority to administer oaths to teachers and all suhordinate school officials ichere an oath is required of the same. 1901, c. 4, s. IG ; 1903, c. 435, s. 5 ; 1911, c. 135. [The county superintend e7iVs office is the most important office in the county. He need not be a resident of the county tchen elected. ' If possible, he should be paid large enough salary to en- able him to devote all his time to his iDorJc] 413G. Report of election of, to State Superintendent. Imme- diately after the election of the county superintendent of public instruction the chairman of the county board of education shall report to the State Superintendent of Public Instruction the name, 54 Sections 4137-39. address, experience and qualifications of the person elected ; and the person elected shall report to the State Superintendent, as soon as he shall have qualified, the date of such qualification. 1901, c. 4, s. 16 ; 1903, c. 435, s. 5. 4137. Districts in cities and towns may jointly employ. By and with the consent of the county board of education, the school committees of two or more contiguous districts in any city or town may, by a majority vote of the committee in each district, employ a practical teacher, who shall be known as the superin- tendent of the pu.blic schools of such districts, and he shall per- form all the duties of the county superintendent of public instruc- tion as to such districts, and shall make to the county superin- tendent all reports that may be necessary to enable him to make his reports to the State Superintendent. 1889, c. 199, s. 47 ; 1901, c. 4, s. 74. 4138. Not to teach school ; to beside in" the county. Every county superintendent shall reside in the county of which he is superintendent. It shall not be lawful for any county superin- tendent to teach a school while the public schools of his county are in session ; but the State Board of Education may, for good and sufficient reason, permit a county superintendent to so teach. 1901, c. 4, s. 44. 4139. Ex officio secretary to the board ; records to be kept. The county superintendent of public instruction shall be ex officio the secretary of the county board of education. He shall record all proceedings of the board, issue all notices and orders that may be made by the board pertaining to the public schools, school- houses, sites or districts (which notices or orders it shall be the duty of the secretary to serve by mail or by personal delivery, without cost), and record all school statistics, look after all for- feitures, fines and penalties, see that the same are placed to the credit of the school fund, and report the same to the board. The board shall provide the county superintendent with an office at the county-seat, in the county courthouse if possible, and with, a suitable book in which to keep the records required by this section. The records of the board and the county superintendent shall be kept in the office provided for that purpose by the board. 1901, c. 4, s. 36. [It is very important to keep full and accurate records and to look closely after the proper disposition of all fines, forfeitures Sections 4140-42. 55 and penalties. An account hook will be furnished on application to the State Superintendent. The superintendent should report to the solicitor all failures to applii the moneys from fines, etc., to their proper purpose.] 4140. To HOLD teachers' meetings. The county super iutendent shall each year hold not less than one teachers' meeting in each township, which the teachers shall be required to attend. If nec- essary, one school day must be set apart for this purpose. 1901, c. 4, s. 38 ; 1903, c. 435, s. 17. 4141. Must advise and ma\- suspend teachers ; must attend State Association of Superintendents. It shall be the duty of the county superintendent to advise with the teachers as to the best methods of instruction and school government, and to that end he shall keep himself thoroughly informed as to the progress of education in other counties, cities and States. He shall have authority to correct abuses, and to this end he may. with the con- currence of a majority of the school committee, suspend any teacher who may be guilty of any immoral or disreputable con- duct or may prove himself incompetent to discharge efficiently the duties of a public-school teacher or who may be persistently neg- lectful of such duties. The county superintendent shall be re- quired to visit the public schools of his county while in session, and shall inform himself of the condition and needs of the various schools within his .iurisdiction. Unless providentially hindered, he shall attend continuously during its session the annual meet- ing of the State Association of County Superintendents, and the annual mectiiif; of the District Association of County Superintend- ents, and the county board of his county shall pay out of the county school fund his traveling expenses, including board, and allow him his per diem while attending such meeting; but county superintendents emjDloyed on salary shall not receive any per diem while in attendance on such meeting. 1901, c. 4, s. 39; 1903, c. 435, s. 18; 1905, c. 533, s. 10; 1911, c. 135. [It is mandatory that the county superintendent visit the schools, and county boards of education must sec that the laic is properly oI)served.] 4142. Must distribute blanks and books and advise commit- tees. It shall be the duty of the county superintendent to dis- tribute to the various school committees of his county all such 56 Section 4143. blanks as may be furnished by the State Superintendent of Public Instruction for reports of school statistics of the several districts ; also blanks for teachers' reports and for orders on the treasurer of the county school fund for teachers' salaries. He shall also dis- tribute to the school committees school registers for their respec- tive districts and necessary record books ; he shall advise with the committee as to the best methods of gathering the school sta- tistics contemplated by such blanks, and by all proper means shall seek to have statistics fully and properly reported. 1901, c. 4, s. 40. 4143. Must make eeports to State Superintendent. It shall be the duty of each county superintendent, on or before the first Monday in July of each year, to report to the State Superintend- ent of Public Instruction an abstract statement of the number, grade, race and sex of the teachers examined and approved by him during the year ; also the number of public schools taught in the county during the year for each race, the number of children of school age in each school district, the number enrolled in each district, the average daily attendance in each district, by race and sex, and the number of all persons in the county between the ages of twelve and twenty-one who cannot read and write. He shall also report, by race and sex, the number of pupils enrolled in all the schools, their average attendance, the average length of terms of the schools and the average salary for the teachers of each race ; the number of school districts for each race, and any new school districts laid out during the year shall be specified in his report. He shall also report the number of public-school houses and the value of the public-school property for each race, the num- ber of teachers' institutes held, the number of teachers attending such institutes, together with such suggestions as may occur to him promotive of the school interest of the county. He shall record in his book an accurate copy of such report. If any county superintendent fail or refuse to perform any of the duties required of him by this chapter, he shall be subject to removal from his oflice by the county board of education upon the complaint of the State Superintendent of Public Instruction. 1901, c. 4, s. 41. {Copies of all reports made should be recorded in the record Tyook of the county hoard for future reference. It would he well to record, also, the treasurer's report.'] St:cTinN 4144. 57 4144. To REPORT AS TO DEAF AND DUMB AND BLIND CHILDREN. It shall be the duty of the county superintendent to require of the school coumiittees, hi enumerating the number of school Children, to make a statement in the report of the number of deaf and dumb and blind between the ages of six and twenty-one years, designating the race and sex, and the address of the parent or guardian of such children ; and the county superintendents are hereby required to furnish such information to the principals of the deaf and dumb and blind institutions; and the Superintendent of Public Instruction, in preparing blanks for reports required to be made to him. shall include questions the answers to which will furnish the information required by this section. 1901, c. 4, s. 43. Salary of county superintendent. The salary of the county superintendent of schools shall be fixed by the county board of education. It shall not he less than three dollars per day while engaged in the service of the public schools. The county board of education may fix an annual salary not to exceed four per cent of the disbursements for schools under his supervision. The county board of education of any county whose total school fund exceeds fifteen thousand dollars may employ a county superin- tendent, for all of his time, at such salary as may be fixed by said board. Revisal of 1905, v. I, c. 60, s. 2782. X. THE POWERS AND DUTIES OF THE SCHOOL COMMITTEE. Summary: The school committee is composed of three per- sons, appointed by the county board on the first Monday in July, for a term of two years. These may be township or dis- trict committeemen, as the county board may determine. The committee must take the school census, for which the compen- sation is two cents for each name. Each school committee must elect a chairman and a secretary, and keep an accurate record of all its proceedings, and control and care for the pub- lic-school property in the public interest. The committee is also charged with ascertaining the number of deaf and dumb and blind children, as well as the number of illiterate chil- DREN, BETWEEN THE AGES OF TWELVE AND TWENTY-ONE. ThE SCHOOL COMMITTEE CANNOT EXPEND ANY MONEY APPORTIONED FOR INCIDENTAL EXPENSES WITHOUT THE CONSENT OF THE COUNTY BOARD ; 58 Section 4145. and they must keep an accurate; record of the employment of teachers and of any special funds disbursed by them. they are prohibited from overdrawing the amount apportioned foe teachers' salaries, and from making a contract beyond ttleib term of office. contracts with private schools may be made, by which the public school may be taught in connection with such schools. no money for district expenses of any kind or for the salaries of teachers may be paid by the county treasurer except on an order signed by a majority of the com- MITTEE. 4145. Qualifications and election of ; care taken of school- houses. The county board of education of each county shall, on the first Monday in July, one thousand nine hundred and five, and biennially thereafter, appoint in each of the townships of the county three intelligent men of good business qualifications, who are knovi^n to be in favor of public education, who shall serve for two years from the date of their appointment as school committee- men in their respective townships and until their successors are elected and qualified. If a vacancy shall occur at any time, by death, resignation or otherwise, it shall be the duty of the county board of education to fill such vacancy. Such board shall have the power to pay out of the reserve school fund to each member of the township committee thus appointed one dollar per day for not more than four days per annum. Such township committee must take the census in their township by districts, and shall be paid for taking the same at the rate of two cents per name, and may be paid each one dollar per day for not exceeding four days each year for such additional services as may be rendered by the com- mittee in the discharge of their legal duties. Every township com- mittee shall appoint one man in each school district in the town- ship to look after the schoolhouse and property and advise with the committee. The county board of education in each county may, if it deem best, biennially, on the first Monday in July, in- stead of electing township committeemen, elect for each school of the several townships three school committeemen of intelligence and good business qualifications who are known to be in favor of public education, who shall serve for two years from date of their appointment as committeemen and until their successors are elected and qualified. If a vacancy should occur at any time, by death, resignation or otherwise, it shall be the duty of the county board of education to fill such vacancy ; and in case such school committeemen shall be elected as above, all the powers and duties Sections 414G-4S. 50 conferred under this chapter on the township committeemen shall vest in such committeemen of the several schools of the township, who shall serve without compensation. 1901, c. 4, s. 17 ; 1903, c. 435, s. 6 ; 1905, c. 533, ss. 17, IS ; 1909, c. 769. [The committee system should he uniform; there should he toicnship committeemen only in a county, or only district coin- niittecnicn. Those counties ichich have adopted the township sys- tem find it much the more satisfactory. This is the experience of other States. The general adoption of the toxcnship system in tliis State ivould therefore he greatly desirahle.] 4146. To ELECT CHAIRMAN AND SECRETARY ; APPEALS FROM. The school committee, as soon as practicable after their election and qualification, not to exceed twenty days, shall meet and elect from their number a chairman and secretary, and shall keep a record of their proceedings in a book to be kept for that purpose. The name and address of the chairman and secretary shall be reported to the county superintendent of public instruction and recorded by him. 1901, c. 4, s. IS. [A record hook for committeemen will he supplied hy the county superintendent .'] 4147. Powers and duties as to school property. The school committee shall be entrusted with the care and custody of all schoolhouses. schoolhouse sites, grounds, books, apparatus or other public-school property in the township, with full power to control the same, as they may deem best for the interest of the public schools and the cause of education. 1901, c. 4, s. 19. 4148. Census to be taken ; reports ; deaf and dumb, blind and illiterate to be reported. The school committee is required to furnish biennially to the county superintendent a census report of all the pupils of school age in their township or district, by name, age, sex" and race; also the names of their parents or guardians. The blanks upon which such reports are to be made shall be fur- nished to the various school committees by the county superin- tendent on the first Monday in June of the year in ivhich the census is required, which report shall be duly sworn to by each one of the committee and returned to the county superintendent on or before the first Monday in July of the year in which the census is re- 60 Sections 4149-51. quired, and any committee failing to comply with the provi- sions of, this section without just cause shall be subject to re- moval. The school committee shall be allowed a sum not exceed- ing two cents per name for all names reported between the ages of six and twenty-one. The committee shall also report to the county superintendent, who shall in turn report to the county board of education, the number of public-school houses and the value of all public-school property for each race separately, and furnish to the teacher at the opening of the school a complete copy of the census furnished to the county superintendent, which shall be recorded by the teacher in a register containing the name and age of each pupil of school age in that district. They shall also report, by race and sex, the number of all persons between the ages of twelve and twenty-one who cannot read and write, and the number of deaf and dumb and blind between the ages of six and twenty-one years, designating the race and sex, and the ad- dress of the parents or guardians of such children. 1901, c. 4. ss. 20, 43; 1901, c. 3, s. 1; 190.3, c. 43.5. s. 7; 1911, c. 135. 4149. To KEEP A EECOED OF RECEIPTS AND EXPENDITURES ; PURCHASE SUPPLIES. The school committee for each township or district shall keep a book in which shall be recorded an itemized state- ment of all moneys apportioned to, received and expended by them for each school, and a copy of all contracts made by them with teachers. The committee shall have authority to purchase the supplies necessary for conducting the schools and for repairs, to an amount not to exceed in the aggregate the sum of twenty-five dollars in any one year for each school ; but nothing in this sec- tion shall be so construed as to give school committees the right to make expenditures without the order of the county board. 1901, c. 4, ss. 21, 35 ; 1905, c. 533, s. 19. [The county superintendent should fm-nish the committeemen a record hook to keep their accounts.] 4150. Must not overdraw. No committee shall give an order unless the money to pay it is actually to the credit of the district, and no part of the school fund for one year shall be used to pay school claims for any previous year. 1901, c. 4. s. 34 ; 1903, c. 435, s. 16. 4151. Private schools, committee may contract with ; effect. In any school district where there may be a private school regu- Section 4151. 61 laiiy conducted for at least six months in the year, unless such private school is a sectarian or denominational school, the school committee may contract with the teacher of such private school to give instruction to all pupils between the ages of six and twenty-one years in the branches of learning taught iu the public schools, as prescribed in this chapter, without charge and free of tuition ; and such school committee may pay such teacher for such service out of the public-school fund apportioned to the district, and the agreement as to such pay shall be arranged between the com- mittee and teacher. Every teacher of the public-school branches in such school shall obtain a first-grade certificate before begin- ning his or her work, and shall from time to time make such re- ports as are required of other teachers under this chapter. The county superintendents of public instruction shall have the same authority in respect to the employment and dismissal of teachers under this section, and in every other respect, as is conferred in other sections of this chapter; and all contracts made under this section shall designate the minimum length of the public-school term, which shall not be less than the average length of the pub- lic-school term of the county of the preceding year. The amount paid such private school for each pupil iu the public-school branches, based on the average daily attendance, shall not exceed the regular tuition rates in such school for such branches of study. Every school to which aid shall be given under this chapter shall be a public school, to which all children living within the district between the ages of six and twenty-one years shall be admitted free of charge for tuition: Provided, that in case of contract with the teacher of a private school, under this section, tuition may be charged for instruction in higher branches of study not mentioned in section four thousand and eighty-seven, if the apportionment of funds for the public school of the district would in the opinion of the county board of education be insufficient to provide instruction in these higher branches of study if the public school were taught separately. The committee may admit pay students over twenty-one years of age. 1901, c. 4, ss. 33, 65 ; 1903, c. 435, s. 15 ; 1905, c. 533, s. 12. XI. THE TREASURER OF THE SCHOOL FUND. Summary: The county treasurer is treasurer of the school FUND, AND he MUST GIVE A SEPARATE BOND FOR THE FAITHFUL DIS- CHARGE OF HIS DUTIES. He IS ALSO REQUIRED TO KEEP AN ITEMIZED RECORD OF HIS RECEIPTS AND DISBURSEMENTS OF THE SCHOOL FUND, 62 Section 4152. and to pay no order for money unless properly signed by the COMMITTEE AND COUNTY SUPERINTENDENT. ThE TREASURER IS ALSO REQUIRED TO BE IN HIS OFFICE ON THE LAST SATURDAY OF EACH MONTH, AND TO KEEP AN ACCOUNT WITH EACH TOWNSHIP AND SCHOOL DISTRICT. Annually he must report to the State Superintend- ent AND TO THE COUNTY BOARD, SETTING FORTH ALL THE MONEY transactions of the year. the county board may require re- ports oftener than once a year. failure to make proper re- ports constitutes a misdemeanor. the compensation of the treasurer is to be fixed by the county board, not to exceed 2 per cent of his disbursements. 4152. County treasurer made treasurer of school fund ; bond. The county treasurer of each county shall receive and disburse all public-school funds, and shall keep the same separate and distinct from all other funds ; but before entering upon the duties of his office he shall execute a justified bond, with security, in an amount to be fixed by the board of county commissioners, not less than the moneys received by him or by his predecessor during the previous year, conditioned for the faithful performance of his duties as treasurer of the county school fund, and for the pay- ment over to his successor in office of any balance of school moneys that may be in his hands unexpended. The bond of the treasurer of the county school fund shall be a separate bond, not including liabilities for other funds, and shall be approved by the board of county commissioners, and that board may from time to time, if necessary, require him to strengthen his bond. Compensation of county treasurer for receiving and dis- bursing SCHOOL FUNDS. The county treasurer shall receive as com- pensation in full for all services required of him such a sum, not exceeding one-half of one per cent on moneys received and not ex- ceeding two and a half per cent on moneys disbursed by him, as the board of county commissioners of the county may allow. As treasurer of the county school fund he shall receive such sum as the board of education may allow him, not exceeding two per cent on disbursements : Provided, that in counties where his compen- sation cannot exceed the sum of two hundred and fifty dollars the said treasurer may be allowed a sum not exceeding two and a half per cent on his receipts and his disbursements : Provided further, that the County Treasurer of Buncombe County shall re- ceive as compensation in full for all services required of him seventeen hundred and fifty dollars per annum, paid pro rata from Sections 4153-55. G3 the county fund and the school fund. The County Treasurer of Gaston County shall receive as compensation in full for all serv- ices required of him a yearly salary not exceeding twelve hundred dollars, to be fixed by the commissioners of said county. The County Treasurer of Rlecklenburg County shall receive as com- pensation in full for all services required of him a yearly salary not exceeding twenty-seven hundred and fifty dollars, to be fixed by the commissioners of said county ; said salaries to be in lieu of all commissions allowed by law. The Treasurer of Martin County shall receive as his commissions two and one-half per cent on all money received by him as general county fund and two and one-half per cent on all money disbursed by him as general county fund. Commissions on school fund shall remain as already pro- vided for by law. 1901, c. 4, ss. 4(3, 47 ; Revisal 1905, c. GO, s. 2878. 4153. Bond, action on. The board of county commissioners shall bring action in the name of the State upon the relation of such board for any breach of the bond of the treasurer of the county school fund, and on its failure to bring such action it may be brought in the name of the State on the relation of any tax- payer. 1901, c. 4, s. 47. 4154. To KEEP DETAILED ACCOUNT OF RECEIPTS ; TO ACCEPT WONEl' ONLY. The treasurer of the county school fund shall keep a book in which shall be entered a full and detailed account of all public- school moneys received by him, the name of each person paying him school money, the source from which the same may have been derived, and the date of such payment. In his settlement with the sheriff or other collecting officer of public-school funds the treasurer shall receive money only. 1901, c. 4. s. 52. 4155. To PAY ONLY SUCH ORDERS AS ALLOWED HEREIN. Every order for the payment of a teacher's salary, for building, repairs, school furnishing or for the payment of money for any purpose whatsoever, before it shall be a valid voucher for the county treasurer, shall be signed first by at least two members of the school committee, then by the county superintendent. No order shall be signed by the county superintendent for more money than is to the credit of that district for the fiscal year, nor shall he endorse the order of any teacher who does not produce a cer- tificate as required by law. The treasurer shall not pay any 64 Sections 4156-58. school money for building or repairing any schoolhonse unless the site on which it is located has been donated to or purchased by the county board of education and the deed for the same regularly executed and delivered to such board and probated and registered in the office of the register of deeds for the county and delivered to the clerk of the Superior Court, to be by him safely deposited with his valuable official papers and surrendered to his successor in office. 1901, c. 4, s. 48. 4156. To BE AT HIS OFFICE ON LAST SATURDAY IN MONTH. The treasurer of the county school fund shall, on the last Saturday of each month, attend at his office for the purpose of paying school orders, but this shall not prevent the payment of orders at other times. 1901, c. 4, s. 58. 4157. To KEEP AN ACCOUNT WITH EACH TOWNSHIP AND DISTRICT; ANNUAL KEPOHT OF BALANCES. It Shall be the duty of the treasurer of the county school fund to keep a book in which he shall open an account with each township in the county, showing the amount apportioned to such township by the county board of education. He shall also open an account with each school district, showing the amount apportioned to such district. He shall record all pay- ments of school money, giving the date, the amount, the person to whom paid and for what purpose paid. He shall balance the account of- each township and district annually on the thirtieth of June, and shall report by letter or printed circular, within ten days thereafter, such balances to the county board of education and to the school committee. 1901, c. 4, s. 49. 4158. To REPORT ANNUALLY TO STATE SUPERINTENDENT AND TO COUNTY BOARD. The treasurer of the county school fund shall re- port to the State Superintendent of Public Instruction on the first Monday of August of each year the entire amount of money received and disbursed by him during the preceding school year, designating by items the amounts received, respectively, from prop- erty tax, poll tax, liquor licenses, fines, forfeitures and penalties, auctioneers, estrays, from State Treasurer and from other sources. He shall also designate by item the sum paid to teachers of each race, respectively, for schoolhouses, school sites in the several dis- tricts, and for all other purposes, specifically and in detail, by item, and on the same date he shall file a duplicate of such report Skctions 4159-60. 65 in the office of the county board of education. He shall make such other reports as the county board of education of the county may require from time to time. Whenever the sheriff or other collecting officer pays over money to the treasurer of the srhool fund he shall designate the items as indicated in this section, and these items shall be stated in the receipts given by the treas- urer. 1901, c. 4, ss. 51, 50. 4159. Duties on expiration of his term. Each treasurer of the county school fund, in going out of office, shall deposit in the office of the board of education of his county his books in which are kept his school accounts, and all records and blanks pertain- ing to his office. If the term of office of any treasurer shall expire on the thirtieth day of November during any fiscal school year, or if for any reason he shall hold office beyond the thirtieth day of November and not for the whole of the current fiscal school year, he shall at the time he goes out of office file with the county board of education and with his successor a report, itemized, as required by the next preceding section, covering the receipts and disbursements for that part of the fiscal school year from the thirtieth of June preceding to the time at which he turns over the office to his successor, and his successor shall include in his report to the State Superintendent the receipts and disbursements for the current fiscal year. 1901, c. 4, ss. 57, 58. 4100. To exhibit books, vouchers and money to county board. The treasurer of the county scliool fund shall, when required by the county board of education, produce his books and vouchers for examination, and shall also exhibit all moneys due the public- school fund of the county at each settlement required by this chapter. 1901, c. 4, s. 50. Treasurer failing to report. If any treasurer of the county school fund shall fail to make reports required of him at the time and in the manner prescribed, or to perform any other duties required of him by law, he shall be guilty of a misdemeanor and be fined not less than fifty dollars and not more than two hundred dollars or imprisoned not less than thirty days nor more than six months, in the discretion of the court. Revisal of 1905, v. I, c. 81, s. 3839, 66 Section 4161. XII. PRIVILEGES AND DUTIES OF TEACHERS. Summary: All teachers are employed by the school com- mittee, BUT cannot be dismissed EXCEPT FOR CAUSE, AFTER WRITTEN charges have been PREFERRED AND AN INVESTIGATION HELD. No contract is legal unless it was entered into with the com- mittee at a regularly called meeting, and unless the con- tract does not extend beyond the term of office of the com- mittee, and unless the compensation which the contract names is within the salary limit prescribed by' the county board for the particular school contracted for. there are three kinds of certificates the ordinary certificate of three grades granted by the county superintendent ; the five-year State certificate, with a minimum salary of $35 per month to THE holder, and THE HIGH-SCHOOL CERTIFICATE, WITH A MINIMUM SALARY OF $40 PER MONTH TO THE HOLDER. THE STATE AND THE HIGH-SCHOOL CERTIFICATES ARE GRANTED BY THE StATE BOARD OF Examiners. The first-grade certificate given by the county superintendent entitles the holder to teach for two years ; the second-grade certificate entitles the holder to teach one y'ear and limits the holder's salary to $25 per month. hold- ers of third-grade certificates can be employed only as assist- ANTS. All TEACHERS MUST BE 18 YEARS OF AGE. NO DIPLOMA OF ANY COLLEGE OR NORMAL SCHOOL GIVES ITS HOLDER TtlE RIGHT TO TEACH. Every teacher must keep certain records and make certain reports before he can collect his salary, as well as encourage morality and good order and maintain discipline. Every teacher is required once every two years to attend the county institute, if held. immoral and willfully disobedient pupils may be dismissed by the teacher. there is no regula- tion forbidding corporal punishment. 4161. School committee to employ and dismiss teachers ; no- tice ; CONTRACTS. Tlie school committee shall have authority to ' employ and dismiss teachers, but no teacher shall be dismissed until charges shall have been filed in writing with the county superintendent, and after a hearing shall have been had before the committee of the district in which such teacher is teaching, after two days' notice to such teacher. The committee shall meet at convenient times and places for the employment of teachers for the public schools, and no teacher shall be- employed by any committee except at a regularly called meeting of such committee, due notice of such meeting having been given at three public places by the Section 41G2. 67 committee. The county superinteudent shall be uotifiecl at once by the secretary of the committee of the name of the teacher elected, and a copy of the contract, duly signed and recorded, shall be filed with the county superintendent ; and no voucher for the salary of a teacher of any school shall be signed by any county superin- tendent unless a copy of such teacher's contract has been filed with him as herein provided, and unless ho shall have received satisfac- tory evidence that such teacher has been elected in strict accord- ance with this section. No contract for teachers' salaries shall be made during any year to extend beyond the term of office of the committee, nor for more money than accrues to the credit of the district for the fiscal year during which the contract is made. 1901, c. 4, ss. 20, 22, 34 ; 1901, c. 3, s. 1 ; 1903, c. 435, ss. 7, 10. 4162. Examination ; peoficiency ; grades. On the second Thurs- day of July and October of every year the county superintendent of schools of each county shall publicly examine all applicants of good moral character for teachers' certificates on all subjects re- quiretl to be taught in the public schools, and also on the theory and practice of teaching ; and the county superintendent may con- tinue the examination from day to day, if necessary, until all applicants have been examined ; and, with the approval of the county board of education, he may, after giving at least ten days' notice, hold public examinations on two other dates during the year. All examinations of teachers shall be held at the county courthouse, but for the convenience of teachers the county superin- tendent may designate another place : Provided due notice of the time and the place shall have been given. No private examination of applicants for teachers' certiticatos shall be given by the county superintendent unless a reasonable excuse shall be rendered for failure to attend the public examination ; and for every private examination each applicant for a certificate shall pay in advance to the county superintendent a fee of three dollars, to be paid by him to the treasurer of the county school fund, to be placed to the credit of the general school fund of the county. A general aver- age of ninety per cent and over shall entitle the applicant to a first-grade certificate; a general average of eighty per cent and less than ninety per cent shall entitle the applicant to a second- grade certificate, and a general average of seventy per cent and less than eighty per cent shall entitle the applicant to a third- grade certificate. No certificate shall be valid except in the county in which it is issued. First-grade certificates shall be valid for two years from date of issue; other grades of certificates shall be 68 Section 4162. valid for ouly one year and shall not be renewed except upon examination. The county superintendent may invite competent persons to assist in tlie examination of applicants for certificates, and lie shall file in his oflBce a copy of all examination questions, and also preserve for at least one year the examination papers and grades of all applicants for certificates, and upon request of the State Superintendent of Public Instruction he shall send all examination papers and their gradation and a copy of all exami- nation questions to the office of the State Superintendent of Public Instruction : Provided, that the State Superintendent of Public Instruction, in lieu of the provisions of this section in reference to the examination, the gradation and the certification of teach- ers, may in his discretion provide for a uniform system of grada- tion, examination and certification of public-school teachers, pre- scribing the examination, the time and manner of conducting the same, and also for making provision for the classification of teachers' certificates into primary, intermediate and high school. In addition to the three grades of certificates herein provided, a certificate Imown as State certificate, signed by the State Super- intendent and Board of Examiners, hereinafter provided, shall be issued to any person vi'ho upon examination by said board of ex- aminers shall malve a general average of not less than ninety per cent. Said examination shall be in writing and may be conducted before the county superintendent of public instruction in any county or before any person selected by said board of examiners, under such rules and regulations as said board may adopt, but the questions for such examination shall be furnished by said board of examiners, and said board shall meet at the call of the State Superintendent of Public Instruction to examine and grade all papers submitted by applicants for such State certificate. The State Superintendent of Public Instruction shall be ex officio chair- man of said board, and the chief cleric in the office of the State Superintendent of Public Instrxwtion shall he ex officio secretary of the said hoard, and shall be paid out of the State Treasury three hundred dollars annually as compensation for additional services as secretary, and all persons who desire to be examined for a State certificate shall file an application with the State Su- perintendent of Public Instruction, who shall notify such person when and where such examination will be held: Provided, that no person shall be permitted to stand such examination without first filing with the State Superintendent of Public Instruction a statement from the county superintendent of public instruction of Section 41G3. " 69 the county in \vhlch said applicant last taught that said applicant holds a first-grade certificate and has taught successfully at least one year. Said State certificate shall be valid in any county in the State, and no other examination or certificate as a prerequisite for teaching a public school shall be required of any person hold- ing such State certificate for a period of five j^ears from the date of issue of said State certificate, and the minimum salary paid to any teacher holding such State certificate shall be thirty-five dol- lars per month. Said board of examiners, under the direction of the State Superintendent of Public Instruction, shall examine all teachers who apply to the State Superintendent for a high-school teacher's certificate, and said examination shall be conducted in the same manner as the examination for State certificates, as herein provided. Said State Board of Examiners shall consist of not less than three (3) and not more than five (5) practical school teachers, who shall be appointed by the State Board of Education upon the recommendation of the State Superintendept of Public Instruction, and they shall hold office for a term of four (4) years; and the members of said board actually serving shall be paid a per diem of four (4) dollars per day during the time that they are actually engaged, and in addition shall be repaid all money actually expended by them in payment of necessary ex- penses while so engaged, to be paid out of the public fund, and they shall make out and swear to an itemized statement of such expenses: Provided, that the State Superintendent of Public Instruction shall not be allowed any per diem for services as chairman of said board of examiners. 1905, c. 533, s. 9 ; 1901, c. 4, s. 37 ; 1007, c. 835 ; 1911, c. 135. [No private examination should be (jiven unless the applicant was prevented from attending the reynlar examination on accoxmt of providential hindrances.^ 4163. Age, qualifications, certificates, grades and pay of ; SCHOOL month defined. No person shall be employed as a teacher who does not produce a certificate from the county superintend- ent or State Superintendent of Public Instruction, dated within the time prescribed by law and continuing to the end of the term. No certificate to teach shall be issued to any person under eighteen years of age. Teachers of second grade shall receive not more than thirty-five dollars per month out of the public fund, and teachers of the first grade may receive such compensation as shall be agreed upon. Teachers of the third grade shall receive not 70 Section 4164. more than twenty dollars per month, but no third-grade certificate shall be renewed and no holder of a third-grade certificate shall be employed except as an assistant teacher. No teacher shall re- ceive any compensation for a shorter term than one month, unless providentially hindered from completing the term. Twenty school days of not less than six hours nor more than seven hours each day shall be a month. The school term shall be continuous, as far as practicable. All laws and clauses of laws granting to or conferring upon the graduates or ex-students or students of any institution of learning, private or public, within this State or else- where, immunity, exemption or freedom from the operation of laws of this State requiring persons who desire to teach in free public schools of the State to submit to and pass regular examina- tions before the county superintendents before being duly qualified to serve as such teachers are hereby repealed. The county board of education shall fix, within the limits above prescribed, the maximum salary to be paid to teachers in each school in the county. 1901, c. 4, ss. 22, 24, 27, 34 ; 1901, c. 3, s. 2 ; 1901, c. 535 ; 1903, c. 435, ss. 9, 16 ; 1911, c. 135. [Committeemen cannot contract to pay any teacher more than the salary fixed for the school hy the county board.] 4164. Salary, i-iow paid ; closing schools for nonattendance OF PUPILS. At the end of every term of a public school the teacher or principal of the school shall exhibit to the school com- mittee a statement of the number of pupils, male and female, the average daily attendance, the length of term and the time taught. If the committee is satisfied that the provisions of this chapter have been complied with, they shall give an order on the treasurer of the county school fund, payable to such teacher, for the full amount due for services rendered; but monthly, and, if required by the county superintendent, weekly statements and reports shall be made by the teacher to the committee and to the county superintendent. Orders on the treasurer shall be valid when signed by two members of the committee and countersigned by the county superintendent. When a monthly or weekly report of any school where the district does not contain over one hun- dred and fifty children shows an average daily attendance of less than one-fifth of the school census, the committee may, with the approval of the county superintendent of schools, order the school to be closed, and the money due such school shall remain to Section 4165. 71 the credit of that school ; but all funds remaining to the credit of such school at the close of the school year, unused because of nonattendance, shall be returned to the general fund for reappor- tionment, unless such nonattendance shall have been caused by providential or other unavoidable causes; and the county board of education, upon the recommendation of the county superin- tendent, shall have authority to close any school for either race in any township before it shall have continued for the average length of school term for the township in case the attendance does not justify the continuance of the school, and the money remain- ing to the credit of such district thus closed for nonattendance shall be returned to the general school fund. 1901, c. 4, ss. 23, 24 ; 1903, c. 435, ss. 8, 9 ; 1905, c. 533, s. 4. [Moiifhli/ reports should be required of every teacher, so that this section can be intelligently carried out.li 4165. Keep record; report to county superintendent, also to State Superintendent, when. Every teacher or principal of a school to which aid shall be given under this chapter shall keep such record of the attendance and classification of pupils as shall be prescribed by the State Superintendent of Public Instruction or the county board of education ; and at the end of each term, and when requested at other times, every teacher or principal shall report to the county superintendent of schools in such form and manner and on such blanks as shall be furnished by the county superintendent of schools or the State Superintendent of Public Instruction. At the end of every term every principal or teacher of a public school shall report to the county superintendent of schools the length of term of the school, the race for which it was taught, the number, the sex and average daily attendance of the pupils, and the number of the district in which the school is taught, the number of children on census blank not attending any school, number of children under seventeen years of age not at- tending any school, stating some causes why they did not attend; how many families having children of school age who did not send any of their children to school ; how many families did, stating what personal effort has beeu made to get the children to attend school. The county superintendent shall not approve the final voucher for the salary of any principal or teacher until all reports have been made according to law and until the register has been properly filled out and filed with the county superin- tendent of schools. The principal or superintendent of every 72 Sections 4166-67. school or institution of learning supported in whole or in part by public funds shall report to the State Superintendent at such time and in such form as he may direct, and shall also report to the county superintendent of the county in which such school or institution of learning is situated. 1901, c. 4, ss. 64, 66 ; 1903, c. 435, s. 21 ; 1908, c. 533, s. 11. [The county superintendent should ahcays require all reports to de fully and accurately signed defore he signs the teacher's voucher for the last month's salary.] 4166. To MAINTAIN OEDEE AND ENCOURAGE VIETUE ; TO DISMISS IMPEOPEK PUPILS. It shall be the duty of all teachers of free public schools to maintain good order and discipline in their respective schools ; to encourage morality, industry and neatness in all of their pupils, and to teach thoroughly all branches which they are required to teach. Pupils who willfully and persistently violate the rules of the school and any of immoral life and char- acter shall be dismissed by the teacher. 1901, c. 4, s. 63. 4167. Teachees' institutes and schools, how conducted ; TEACHEES MUST ATTEND. The county board of education of every county shall biennially appropriate an amount not less than two hundred dollars nor more than two hundred and fifty dollars out of the public school funds of the county, the definite amount be- tween the minimum and the maximum thus fixed to be determined by the State Superintendent of Public Instruction, for the purpose of conducting biennially a teachers' institute and school for the training of the public-school teachers of the county at some con- venient and satisfactory place. The biennial county teachers' institute and school provided for in this section shall be con- ducted by some practical teacher or teachers appointed by the State Superintendent of Public Instruction, at such time and place as shall be determined by the State Superintendent of Public Instruction, after consultation with the county superintendent of schools and the county board of education. All ptiblic-school teachers of the State and all high-school and graded-school teach- ers are hereby required to attend biennially some county teachers' institute or accredited summer school continuously for a term of not less than two tceeJcs, unless providentially hindered; and failure so to attend such institute or summer school shall be cause for debarring any teacher, so failing, from teaching in any of the public schools, high schools, or graded schools of the State until Section 41GT. 73 Jiiivh teacher ahull have attended, as required by law, some county institute or accredited school as herein provided for. The rules and reguliitious governing all teachers' institutes, the course of study to be pursued and the proper credits for attendance on the same shall be prescribed by the State Superintendent of Public Instruction ; and proper and just provision shall be made for the training of the teachers of each race in separate institutes and schools: Provided, that counties whose total annual public school fund is less than eight thousand dollars may arrange with an adjoining county for holding a biennial teachers' institute and school, as herein provided for, making such biennial appropria- tion and arrangement with an adjoining county as shall be equita- ble and satisfactory, which appropriation and arrangement and the terms of the same shall first be approved by the State Supei'- iutendeut of Public Instruction ; and Provided further, that a prop- erly signed certificate of continuous attendance at some summer schoo/ of good standing for a period of not less than three weeks may be accepted by the county superintendent of schools as a substitute for attendance on the biennial teachers' institute and school herein provided for, under such rules and regulations as shall be prescribed by the State Superintendent of Public Instruc- tion. lOOr., c. ,333. s. 5 ; 1003, c. 435. s. 10 ; 1901, c. 4, s. 20 ; 1911, c. 13.j. XIII. RURAL LIBRARIES. Summary: In any school distkict, incorporated towns hav- ing AS MANY as 1,000 inhabitants EXCEPTED, THERE MAY BE ESTAB- LISHED A SCHOOL LIBRARY. ThE PATRONS AND FRIENDS OF THE school are required to raise by' private donations as much as $10 and tender it to the county' treasurer. thereupon the county' board of education shall appropriate $10 out of the general school fund of the county, and the county superin- tendent shall certify' the same to the state superintendent. The State Superintendent is then required to send $10 froji THE State appropriation to the treasurer of the county', and the $30 tJSED IN the purchase of books selected from a list APPROVED BY' THE STATE SUPERINTENDENT. THE COUNTY BOARD IS REQUIRED TO FURNISH OUT OF THE GENERAL SCHOOL FUND A NEAT BOOKCASE, WITH LOCK AND KEY'. THE LIBRARY' THUS ESTABLISHED SHALL BE CONDUCTED UNDER RULES AND REGULATIONS PRESCRIBED BY THE State Superintendent. Libraries may' be enlarged by' the ADDITION OF $1.3 WORTH OF BOOKS. $0 OF WHICH MUST BE RAISED BY 74 Sections 4172-75. private donations, $5 be appropriated out of the general county school fund and $5 be given out of the state appropriation ; and the additional books must be selected from a list approved BY THE State Superintendent. Note. — Sections 4168-4171 relate to ludiaus of Robesou County and are printed after rural-library sections. 4172. How ESTABLISHED ; duties of SCHOOL OFFICIALS ; MANAGER APPOINTED. Whenever tbe patrons and friends of any free public school in which a library has not already been established by aid of the State shall raise by private subscription and tender to the treasurer of the county school fund for the establishment of a library to be connected with such school the sum of ten dollars, the county board of education shall appropriate from the general county school fund the sum of ten dollars for this purpose, and shall appoint one intelligent person in the school district the man- ager of such library. The county board shall also appoint one competent person, well versed in books, to select books for such libraries as may be established under these provisions from lists of books approved by the State Superintendent of Public Instruc- tion. 1901, c. 662, s. 6 ; 1903, c. 226, s. 1 ; 1905, c. 381. 4173. State Board of Education to contribute. As soon as such board shall have made an appropriation for a library in the manner prescribed, the county superintendent shall inform the secretary of the State Board of Education of the fact, whereupon the State board shall remit to the treasurer of the county school fund the sum of ten dollars additional for the purchase of books. 1901, c. 662. s. 7 ; 1S03, c. 226, s. 2 ; 1905, c. 381, s. 2. 4174. Books and bookcases, how purchased. Within thirty days after the payment of the money to the treasurer of the county school fund, the person appointed to select the books shall submit the list of books to be purchased, and prices of same, to such treasurer, who shall order the books at once. The treasurer shall receive no compensation except his regular commission. The county board shall furnish, at the expense of the general county school fund, a neat bookcase, with lock and key, to each library, upon application of the county superintendent. 1801, c. 662, s. S ; 1903, c. 226, s. 3 ; 1905, c. 381, s. 3. 4175. Rules to be made by State Superintendent. The local manager of every library shall carry out such rules and regula- Sections 4170-78. 75 tious for the proper use and preservatiou of the books as may be established by the State Superiutendeut of Public Instruction, and shall, on or before June thirtieth of each year, make to the State Superintendent of I'ublic Instruction such reports as he sluill re- quire. 1!>01, c. 602, s. 0; 1^03, c. 220, s. 4; V.H)'>. c. .".81. s. 4. [The State Supcriiilciidciit irill furnish a vopii of IJic rtile.s on application.} 4176. Exchange of libraries. The local manager of two or more libraries may, by agreement, exchange libraries; but no ex- change shall be made oftener than once in six months, and no part of the expense of exchanging libraries shall be paid out of the public funds. inOl, c. 062, s. 10: 1003. V. 220, s. 5; 1005, c. 381, s. 5. 4177. Enlargement ok lihrahies, ai'I'roi'hiations kok. When- ever the patrons and friends of any free public school in which a library has been established under the provisions of this sub- chapter shall raise by private subscription and tender to the treas- urer of the county scIk.oI fund the sum of five dollars for the en- largement of the lil)rary. the county board of education shall ap- propriate from the general school fund the sum of five dollars, and the State Board of Education shall remit to the treasurer of the county school fund the sum of five dollars. The money thus col- lected and approjjriated shall be used for the enlargement of libra- ries already estal)lished under tlip same rules and restrictions as govern the establishment of new libraries. 1!)03. c. 22(>. s. 0: 1O05, c .381, s. 6. 4178. Number of libraries limited; cities and towns excluded, WHEN. Not more than six new libraries, in addition to those already established, shall be established biennially in any county under the provisions of the preceding sections, and not more than six libraries already established in any county shall be entitled biennially to the benefits of section six of this act : Provided, that after November thirtieth, one thousand nine hundred and six, and after November thirtieth of every second year thereafter, if any of the aforesaid biennial appropriation for the years ending on such date shall still be in the hands of the State Treasurer, any free public school which shall fulfill the conditions set forth in the pre- ceding sections shall be entitletl to receive the benefits of this act, regardless of the number of libraries .-ilrcady established in the 76 Sections 4179-68. county in which said school is located, vmtil the aforesaid balance of each biennial appropriation available for the purpose is ex- hausted. No school district in any incorporated town with a popu- lation exceeding one thousand persons shall receive any moneys under the provisions of this act. 1901, c. 662, s. 12 ; 1903, c. 226, s. S ; 1905, c. 381, ss. 8, 9. [After the Mennial period has passed, the libraries not taken during that period -may he taken hy any county desiring them.] 4179. Additional appeopeiation of State funds. The sum of seven thousand five hundred dollars of the appropriation for the public schools of the State is hereby biennially appropriated and set apart to be expended by the State Board of Education under the provisions of this subchapter : Provided, that of each biennial appropriation a sum not exceeding five thousand dollars may be expended by the State Board of Education in the establishment of new libraries, and a sum not exceeding two thousand five hun- dred dollars may be expended by the State Board of Education in the enlargement of libraries according to the provisions of sec- tion four thousand one hundred and seventy-seven of this sub- chapter : Provided further, that any balance of the biennial ap- propriation of two thousand five hundred dollars for the enlarge- ment of libraries remaining in the hands of the State Treasurer at the end of each biennial period shall be used for the establish- ment of new libraries in accordance with the provisions of section four thousand one hundred and seventy-two of the Eevisal of one thousand nine hundred and five of North Carolina. 1901, c, 662, s. 11 ;.1903, c. 226, s. 7 ; 1905, c. 881, s. 7 ; 1909, c. 525. XIV. SEPARATE SCHOOLS FOR INDIANS OF ROBESON COUNTY. The provisions of the school law relating to the Croatan Indians of Richmond, Sampson, and Robeson counties are as follows : 416S. Sepaeate schools foe. The persons residing in Robeson, Sampson, and Richmond counties, supposed to be descendants of a friendly tribe once residing in the eastern portion of the State, known as Croatan Indians, and their descendants, shall be known and designated as the Indians of Robeson County, and they and their descendants shall have separate schools for their children, school committees of their own race and color, and shall be allowed to select teachers of their own choice, subject to the same rules Sections -il 69-71. 77 and regulations as are applicable to all teachers in the general school law, and there shall be excluded from such separate schools for the Indians of Robeson County all children of the negro race to the fourth generation. 1SS5, c. .51, s. 2; ISSO, c. GO, s. 1 ; mil, c. 215. 41G!). County board to carry provisions into effect. It shall be the duty of the county board of education to see that the next preceding section is carried into effect, and shall for that purpose have the census taken of all the children of such Indians and their descendants between the ages of six and twenty-one, and proceed to establish such suitable school districts as shall be necessary for their convenience, and take all such other and further steps as may be necessary for the purpose of carrying such section into effect; and where any children, descendants of such Indians, shall reside in any district in such counties of Robeson and Richmond in which there are no separate schools provided for their race they shall have the right to attend any of the public schools in the county provided for their race, and their share of the public-school fund shall be appropriated to their education upon the certificate of the school committee in the district in which they reside stating that they are entitled to attend such public schools. 1885, c. 51, ss. 3, 4. ' 4170. Pro rata share of school funds kept separate. The treasurer of the county school fund and other proper authorities whose duties are to collect, keep and apportion the school fund shall procure from the county board of education the number of children in the county between the ages of six and twenty-one, belonging to such Indian race, and shall set apart and keep sepa- rate their pro rata share of the school funds, which shall be paid out under the same rules in every respect as are provided in the general school law and in the next preceding section. 1885, c. 51, s. 4. 4171. General school law applicable to. The general i)ublic school law shall be applicable in all respects to such separate schools for the Indians of Robeson County, except where such gen- eral law is repugnant to these special provisions relating to such schools, and these special provisions for separate schools for Croa- tan Indians shall apply only to the counties of Robeson, Sampson. and Richmond. 1885, c. .51, s. 5; 1011. c 21.5. LAWS RELATING TO THE ADOPTION OF TEXT-BOOKS. 4057. Created. Tlie State Board of Education is hereby consti- tuted a State Text-book Commission, wliose duty it is, acting con- jointVy icith the subcommission, to select and adopt a uniform series or system of text-books for use in tbie public schools in the State of North Carolina, and who shall serve without compensa- tion. The Governor shall be ex officio president of such commis- sion and the Superintendent of Public Instruction its secretary. 1901, c. 1, ss. 1, 2, 7, 20 ; 1911, c. 118. 4058. Powers ; term of contracts made by. The commission may from time to time make any necessary regulations, not con- trary to the provisions of this chapter, to secure the prompt dis- tribution of the books herein provided for, and the prompt and faithful performance of all contracts. At any time icitJiin six months before the expiration of the contracts now in force for furnishing books to the public schools, the commission may adver- tise for new bids, or proposals, as required by this chapter, and enter into such other contracts as they may deem best for the interest of the patrons of the public schools of the State. Any contract entered into or renewed shall be for the term of five years. 4059. Term of office and powers. The commission shall main- tain its organization during the five years of the continuance of the contract now in force, and at any time within six months he- fore the expiration of the same shall advertise for new bids, or proposals, as required by this chapter in the first instance, and enter into such other contracts as it may deem best for the interest of the patrons of the public schools of the State ; and the commis- sion may from time to time make any necessary regulations not contrary to the provisions of this chapter to secure the prompt distribution of books herein provided for. and the prompt and faithful performance of all contracts. 1901. c. 1, s. 14 -, 1911, c. 118. 4060. Character and requisites of books to be adopted. The uniform series of text-books to be selected by the commission and Sections 4060-62. 79 ilic !y the county superintendent of puMic in- struction of any county to l)e necessary, to secure and keep on hand an ample supply of hooks at any local depository, the contractors shall furnish hooks to such local depository upon consignment. And every contractor shall be required to keep on hand at all times at every established agency in every county an ample sup- ply of books to meet all demands of patrons and purchasers, and upon failure to do so, or upon failure to establish agencies when ordered to do so by the commission, as directed herein, the con- tractor shall be liable to a penalty of five hundred dollars for each and every failure to comply with the provisions of this section, to be sued for by the Attorney-General in the name of the State in the Superior Court of the county of Wake, for the benefit of the school fund of the county injured by such failure; and if any contractor against whom judgment shall be obtained for such penalty shall fail to pay the same within thirty days after the docketing thereof, he shall forfeit his contract, and the commission shall so declare, and shall thereupon proceed to make a new contract for books with some other contractor. The county superintendent shall notify the contractors annually of the date of opening the public schools, at least thirty days before they open. 1901, c. 1, s. 13; 1903, c. 691, ss. 1, 2; 1911, c. 118, s. 1. par. (1). Section 4084. 89 4084. Contract peoclaimed by Governor ; notices issued by State Superintendent. As soon as the commission shall have entered into a contract for the furnishing or supplying of books for use in public schools it shall be the duty of the Governor to issue his proclamation announcing such fact to the people of the State; and as soon thereafter as practicable the State Superintend- ent shall issue a circular letter to each county superintendent in the State and to such others as he may desire, which letter shall contain the list of books adopted, the prices, location of agencies and method of distribution, and such other information as he may deem necessary. 1901, c. 1, ss. 12, 15. PUBLIC HIGH-SCHOOL LAW. AN ACT TO STIMULATE HIGH-SCHOOL INSTRUCTION IN THE PUBLIC SCHOOLS OF THE STATE, AND TEACHER TRAINING. The General Assembly of North Carolina do enact: HIGH SCHOOLS MAY BE MAINTAINED NOT LESS THAN FIVE MONTHS ANNUALLY. Section 1. With the consent of the State Board of Education, the county board of education in any county may in its discretion establish and maintain, for a term of not less than five school months in each school year, one or more public high schools for the county, at such place or places as shall be most convenient for the pupils entitled to attend and most conducive to the purposes of said school or schools. HIGH-SCHOOL COMMITTEE TO CONSIST OF THREE PERSONS. Sec 2. For each public high school established under this act a committee of three persons shall be appointed by the county board of education, vs^ho shall be known as the School Committee of Public High School of County. The powers, duties and qualifications of said committee- men shall be similar to those of other public-school committeemen. They shall be appointed as follows : one for a term of two years, one for a term of four years, and one for a term of six years ; and at the expiration of the term of any committeeman his successor shall be appointed for a term of six years : Provided, that in case of death or resignation of any committeeman his successor shall be appointed for the unexpired term only. Within two weeks after appointment the committee shall meet and elect a chairman and a secretary and enter upon the performance of their duties. RULES, REGULATIONS, AND COURSE OF STUDY. Sec 3. All public high schools established and maintained under the provisions of this act shall be operated by the county board of education, under such general rules and regulations as may be Public High Schools. 91 prescribed by tbe State Board of Education. The courses of study for such high schools and the requirements for admission to them shall be prescribed by the State Superintendent of Public Instruc- tion. INSPECTION, CERTIFICATES, AND MINIMUM SALARY OF TEACHERS. Sec 4. It shall be the duty of the county board of education to locate all high schools established under this act, to furnish the State Superintendent of Public Instruction with such infor- mation relative to said schools as he may require, and to make such local rules and regulations for the conduct of said schools as may be necessary : Provided, that before any State funds shall be appropriated for the support of any public high school the State Superintendent of Public Instruction shall cause the same to be inspected by some competent person to see that suitable arrangements have been made for giving high-school instruction and to enable said school to conform to all the requirements of this act and to the rules and regulations of the State Board of Education : Provided further, that no one shall teach in any public high school that receives State funds under this act who does not hold a high-school teacher's certificate from the State Super- intendent of Public Instruction, who shall have power to pre- scribe a standard of scholarship and examination for same; and Provided further, that no one shall be employed as teacher in such high school without the approval and recommendation of the county superintendent. The minimum salary of any public high-school teacher holding such certificate and employed as high- school teacher in such high school shall be forty dollars per school month. HIGH SCHOOLS AIDED MUST HAVE THREE TEACHERS. Sec. 5. Before any high school shall be established under the provisions of this act, the committee or committees establishing such school shall first provide for thorough instruction for at least five months in each school year in all branches of study required to be taught in the public schools of the State ; and no school shall be entitled to the benefit of this act in which less than three teachers are employed. [Each school must have at least two teachers in addition to the high-school teacher.] 92 Public High Schools. arrangement for free tuition in high schools already established. Sec. 6. The county board of education of any county may enter into an agreement with the board of trustees or the com- mittee of one public high school of the county to permit all chil- dren of said county of school age who are prepared to enter such high school and all public-school teachers of said county desiring high-school instruction to attend such school free, the rate of tuition for each pupil in each high-school grade to be fixed by agreement with said county board of education, and paid as fol- lows : one-half out of a fund set aside by the county board of education from the county school fund for that purpose, and one- half out of the special State appropriation hereinafter provided, under such rules as the State Board of Education may prescribe : Provided, that the sum apportioned by the county board of edu- cation for this purpose shall not exceed five hundred dollars, and the sum apportioned by the State Board of Education for the same purpose shall not exceed that apportioned by the county board of education: Provided further, that the course of study in such high school shall be approved by the State Superintendent of Public Instruction. CONDITIONS OF STATE AID. Sec 7. The county superintendent of schools in any county in which said public high school or high schools shall be established shall give due notice of the same to the State Board of Educa- tion before any State funds shall be appropriated for the support of said school or schools ; and when the county treasurer of any county shall certify to the State Superintendent of Public Instruc- tion that as much as two hundred and fifty dollars has been placed to the credit of any public high school established and inspected as provided for in this act, thereupon a State warrant shall be issued upon requisition of the State Superintendent of Public Instruction for two hundred and fifty dollars and sent to the treasurer of the county in which such high school is located, to be placed to the credit of said high school and paid out exclusively for the support of said high school on the wari*ant of the high- school committee, approved by the county superintendent of schools. The treasurer of each county in which such public high school or schools shall be established shall keep a separate ac- count of the public high-school fund, and at the end of each Public High Schools. 93 scbool year be shall make to the State Superintendent of Public Instruction and to the county board of education a rej^rt of all receipts and disbursements of said fund. MAXiaiUM STATE AID FIVE HUNDRED DOLLARS AND NUMBER OF SCHOOLS AIDED IN ONE COUNTY LIMITED TO FOUR. Sec 8. If a larger amount than two hundred and fifty dollars be provided by taxation or by private donation or by local appro- priation, or otherwise, for the support of any public high school established and maintained under the provisions of this act, then the State shall contribute a like amount: Provided, that the State shall not contribute more than five hundred dollars in any one school year for the support of any one high school : Provided further, that not more than four public high schools in any one county strall be entitled under the provisions of this act to receive State funds. NO SCHOOLS AIDED IN TOWNS OF MORE THAN ONE THOUSAND TWO HUNDRED. Sec. 9. High schools may not be established under this act in towns of more than twelve hundred inhabitants. Contracts, how- ever, may be made between the county board of education and the committee or trustees of any public or graded school wherein high-school branches are taught. Such contract shall provide for the admission to such school of students in high-school grades and of public-school teachers of any township, townships, or of the county, and for the payment of tuition by the county board of education for teachers and children so attending from outside the limits of said school district, and the tuition in no case to exceed two dollars per month. Upon the making and approval of such contract and the deposit with the county treasurer of an amount sufficient to pay one-half of amount estimated to be necessary for such purpose, either by direct appropriation by the county board of education from a fund set aside for that purpose or by private donation, then upon proper certification of such facts a State warrant shall be issued for equal amount, payable to county treasurer upon request of the State Superintendent of Public Instruction : Provided, that no aid may be given by the State in cases where, under the contract, less than one hundred dollars is needed to pay the tuition, and that the State may not in any case be called on for more than five hundred dollars: Provided 94 Child Labor. furtJier, that the course of study of such school shall be sub- mitted to the State Superintendent of Public Instruction and approved by him. SUM OF SEVENTY-FIVE THOUSAND DOLLARS ANNUALLY APPROPRIATED. Sec. 10. The sum of seventy-five thousand dollars, or so much thereof as may be necessary, is hereby annually appropriated for the purposes of high-school instruction and teacher training pro- vided for in this act. The State Board of Education shall have the power to fix such rules and regulations, in accordance with the provisions of this act, as may be necessary for the proper distribution of this fund. [Sections 11 to 18, inclusive, relate only to the East Carolina Teachers' Training School.] Sec. 19. That this act shall be in force from and after its ratifi- cation. In the General Assembly read three times, and ratified this the Sth day of March, A. D. 1907. 1907, c. 820 ; 1909, c. 525 ; 1911, c. 135. THE CHILD-LABOR LAW. The General Assembly of North Carolina do enact: CONDITIONS FOR EMPLOYMENT OF CHILDREN. Section 1. That no child under twelve years of age shall be employed or worked in any factory or manufacturing establish- ment within this State: Provided, that after one thousand nine hundred and seven no child between the ages of twelve and thir- teen years of age shall be employed or work in a factory, except in apprenticeship capacity, and then only after having attended school four months in the preceding twelve months. SIXTY HOURS A WEEK. Sec. 2. That not exceeding sixty hours shall constitute a week's work in all factories and manufacturing establishments in this State. No person under eighteen years of age shall be required to work in such factories or establishments a longer period than Child Labor. 95 sia-ty hours in one week : Provided, that this section shall not apply to engineers, firemen, machinists, superintendents, over- seers, section and yai-d hands, office men, watchmen or repairers of breakdowns. PENALTY FOR FALSE STATEMENTS AND VIOLATION. Sec. 3. All parents or persons standing in the rehitiou of parent, upon hiring their children to any factory or manufacturing establishment, shall furnish such establishment a written state- ment of the age of such child or children so hired, and certificate as to school attendance; and any parent or person standing in relation of parent to such child or children who shall in such written statement misstate the age of such child or children being so employed, or their school attendance, shall be guilty of a misdemeanor, and upon conviction shall be punished in the dis- cretion of the court. Any mill owner, superintendent or manufacturing establishment who shall knowingly or willfully violate the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished in the discretion of the court. NO NIGHT WORK UNDER FOURTEEN AFTER NINETEEN HUNDRED AND SEVEN. Sec. 4. After one thousand nine hundred and seven no boy or girl under fourteen years old shall work in a factory between the hours of eight P. M. and five A. M. Sec. 5. That this act shall be in force from and after January first, one thousand nine hundred and eight. 1907, c. 4G.3; 1911, c. 135. [The wmendment of the above law, hy the General Assembly of 1911, making sixty hours the limit of a week's work, instead of sixty-six tiours, goes into effect January first, one thousand nine hundred and twelve.'] COMPULSORY-ATTENDANCE LAW. AN ACT TO REQUIRE ATTENDANCE UPON THE PUBLIC SCHOOLS FOR SIXTEEN WEEKS IN EACH YEAR, BE- TWEEN THE AGES OF EIGHT AND FOURTEEN. The General Assembly of North Carolina do enact: SCHOOL DISTRICT OR TOWNSHIP MAY VOTE ON QUESTION. Section 1. The county board of education of any county may in their discretion, upon a petition of a majority of the qualified voters of any township or school district in such county, order and hold an election, submitting to the qualified voters of such town- ship or district the question of compulsory attendance. For such election the said board shall designate the time for hold- ing the same, shall appoint a registrar and tw^o pollholders for each voting place, and shall advertise the same by posting notices at the courthouse door and three other public places in the district or township thirty days before such election. If the. election be for a school district, then the county board of educa- tion shall also designate the voting place; if for a township, the polling places shall be those of the preceding general election. At such election those favoring compulsory attendance shall vote a ticket on which shall be written or printed the words "For Com- pulsory Attendance" ; those who are opposed shall vote a ticket on which shall be written or printed the words "Against Com- pulsory Attendance." The result of such election shall be reported to the county board of education by the judges of election, and no other report shall be required. In all other respects, except as provided herein, the election shall be held under the law gov- erning general elections, as nearly as may be. The expense of such election shall be paid out of the county school fund. If it appear that a majority of the votes cast at such election are in favor of compulsory attendance the county board of education shall order compulsory attendance upon the school or schools of the township or district named in the petition, as provided for in this act. Upon petition of a majority of the parents of the chil- dren of school age in any school district or township of any county, the county board of education of such county may in its discre- tion order compulsory attendance upon the school or schools named CoMPULSOKY Attendance. 97 in such petition, or upon all the schools in the township named,- as provided for in this act. Whenever it shall appear from the cer- tificate of the county superintendent of public instruction of any county that the enrollment in any school district in said county for the preceding school year was less than sixty per cent, or that the avei-age daily attendance upon said school was less than thirty- five per cent of the school census of said district, the county board of education of the county in which such school is located, with- out petition or election, shall have the power in its discretion to order compulsory attendance upon such school under the provi- sions of this act. 1907, c. 894; 1909, c. 525. COMPULSORY-ATTENDANCE AGE, EIGHT TO FOURTEEN ; TERM, SIXTEEN WEEKS. Sec 2. Every parent or person having control of a child over eight and under fourteen years of age shall cause such child to attend the public school in the district where such parent or person resides for sixteen weeks in each school year, such year beginning on the first day of July and ending on the thirtieth day of June, unless the parent or person having control of such child shall show that the child has elsewhere received during the year regular instruction for sixteen weeks in the branches of study taught in the public schools. Children over twelve years of age shall not be subject to the requirements of this act while lawfully employed at labor at home or elsewhere. PENALTY FOR VIOLATION OF LAW AND EXCEPTIONS. Sec. 3. Any person violating the provisions of the foregoing section two shall be guilty of a misdemeanor, and upon conviction shall be fined not less than five dollars nor more than twenty-five dollars : Provided, that if the parent or person having control of the child shall show that the child is destitute of clothing suit- able for attending school, and such parent or person is unable to provide suitable clothing, or that the child's mental or physical condition is such as to render its instruction inexpedient and im- practical, such parent or person shall not be convicted of a viola- tion hereof. Sec 4. Every person who shall regularly employ any child under twelve years of age or shall authorize or permit the regular employment of such child upon premises under his control during the school hours while the school that such child should attend 98 Compulsory Attendance. is In session shall be guilty of a misdemeanor, unless the child so employed shall have attended school for sixteen weeks prior to such employment and during the current school year, or unless such child is excusable under section three. PENALTY FOB FALSE STATEMENTS AS TO AGE OF CHLLDEEN. Sec. 5. The person taking the school census of any district shall obtain the information as to the age of each child in the district from the parent or person having control of such child, and the Avritten reports sworn to by the census taker shall be prima facie evidence in any court of the age of each child therein enumerated. Every parent or person having control of a child who shall make any false statement concerning the age of such child with the intent to deceive the census taker or the teacher of any school or the employer of such child shall be guilty of a misdemeanor and fined not more than fifty dollars. EVIDENCE OF NONATTENDANCE. Sec. 6. At the end of the term of the public school the teacher or principal of such school shall make a report to the county superintendent of schools of such county, showing the names of the children between the ages of eight and fourteen who attended such school and the number of days each child attended. Such statement shall be sworn to by the teacher or principal and shall be prima facie evidence in any court both as to the facts stated therein and that any child not enumerated therein did not attend such school. METHOD OF PROSECUTION FOR NONATTENDANCE. Sec 7. It shall be the duty of the county superintendent of schools to furnish annually to the constable of such township in his county or to some other lawful ofilcer of the county a list of the children who have not attended school as required by law, and upon such information it shall be the duty of said constable or officer, upon an affidavit of some reputable person that any person has violated the provisions of this act, to cause the offending per- son to be prosecuted before some justice of the peace of such township. IN DISCRETION OF COUNTY BOARD TO ENFORCE LAW. Sec. 8. Whenever the county board of education shall order compulsory attendance upon any school or schools in any school Compulsory Attendance. 99 district or township after an election, as provided in section one hereof, the provisions of this act shall be in full force and effect in the territorj^ described and for the schools named, but this act shall not apply to anj^ school or the penalties herein prescribed be enforced except upon the order of the county board of education, as herein provided. CLERK OF COURT TO KEEP LIST OF SCHOOLS. Sec 9. It shall be the duty of the county board of education of each county to furnish to the clerk of the Superior Court of such county a list of all schools which have been placed under the operation of this act. The said clerk shall keep a list of the same in his office and shall furnish to each justice of the peace of the county a certified list of all schools in the township of such justice of the peace which are so included ; and the said list as kept by the said clerk, or a certified statement made by him, shall be conclusive evidence in any court that the provisions of this act shall apply to the school or schools therein named : Provided, that this act shall not apply to any territory now having compulsory attendance established by law. Sec. 10. That this act shall be in force from and after its ratifi- cation. In the General Assembly read three times, and ratified this the 11th day of March, A. D. 1907. 1907, c. 894 ; 1909. c. 525. DEAF CHILDREN MUST ATTEND SCHOOL AN ACT TO COMPEL WHITE DEAF CHILDREN TO ATTEND SCHOOL. The General AsscniMy of North Carolina do enact: Section 1. That every deaf child of sound mind in North Caro- lina shall attend a school for the deaf at least five school terms of nine months each, between the ages of eight years and fifteen years. 100 Compulsory Attendance. Sec. 2. That parents, guardians or custodians of a deaf child or deaf children between the ages of eight and fifteen years shall send said child or children, or cause to be sent, to some school for the instruction of the deaf, at least five terms or sessions of nine months each, between the ages of eight years and fifteen years. Sec. 3. That parents, guardians or custodians of any deaf chil- dren between the ages provided in section two of this act failing to send said deaf child or deaf children to some school for instruc- tion, as provided in this act, shall be guilty of a misdemeanor, and upon conviction shall be fined or imprisoned, at the discretion of the court, for each year said deaf child is kept out of school, be- tween the ages herein provided : Provided, that said parents, guardians or custodians may elect two years between said ages of eight and fifteen years that a deaf child or deaf children may re- main out of school : Provided further, that this section shall not apply to or be enforced against the parent, guardian or custodian of any deaf child until such time as the superintendent of any school for the instruction of the deaf, by and with the approval of the executive committee of such institution, shall in his and their discretion serve written notice on such parent, guardian or custodian, directing that such child be sent to the institution whereof they have charge. Sec. 4. That it shall be the duty of the school census taker to report name, age and sex of each deaf child in his district, and name of parents, guardians or custodians and their post-office ad- dress, to the county superintendent of education, who shall send said report of names and addresses to the Superintendent of the North Carolina School for the Deaf and Dumb, located at Mor- ganton, N. C. ; that said census taker or county superintendent failing to make reports as provided in this act shall be fined five dollars ($5) for each white deaf child not so reported. Sec. 5. That said fine as provided in section three (3) of this act and said fine of five dollars ($5) provided in section four (4) of this act, when collected, shall be paid to the public-school fund of the county in which such child lives. Sec 6. That this act shall take effect the first day of September, 1907. 1907, c. 1007. SCIENTIFIC TEMPERANCE INSTRUCTION. AN ACT RELATING TO SCIENTIFIC TEMPERANCE INSTRUCTION IN THE PUBLIC SCHOOLS. The General Assemhhj of North Carolina do enact: Section 1. In addition to tlie branches in which instruction is now required by law to be given in all schools supported wholly or in part by public monej^ instruction shall also be given as to the nature of alcoholic drinks and other narcotics and their effect upon the human system, in connection with the various divisions of physiology and hygiene, and such subject shall be taught in each school year below the second year in the high schools, and shall be taught as thoroughly as arithmetic and geography are taught in said schools : Provided, that the minimum amount of such instruc- tion shall be two lessons each week for ten weeks, or the equiva- lent of the same, in schools employing one teacher, and three les- sons each week for ten weeks, or the equivalent of the same, in schools employing two or more teachers. Such instruction shall be given by the use of text-books in the hands of all pupils in all grades from the fourth grade to the first year in the high school, inclusive, or in corresponding classes in graded schools, and orally to all pupils in the first three or primary grades, by teach- ers using text-books adapted to such oral instruction as a guide and standard ; and all pupils must pass such tests as may be re- quired in other studies before promoting to the next succeeding year's work, and such instruction shall be given as aforesaid to all pupils in all public schools of the State. Sec. 2. The text-books used for the instruction required to be given by the preceding section shall be graded to the capacities of the pupils, and for students below high-school grade such text- books shall give at least one-fifth their space, and for students of fifth school grade they shall give not less than twenty pages to the nature and effects of alcoholic drinks and other narcotics ; but no book in which the required amount of this subject shall ap- pear, in whole or part, as a separate chapter at the end of the book shall be considered as complying with the requirements of this statute, and no topical outline of study for the guid- ance of teachers which reduces the amount of temperance instruc- 102 Tempekance Instruction. tion below that which is required by the text-boolis provided for in this act shall be considered as complying with the intent of the, law. No text-book on physiology and hygiene not conforming to this act shall be used in the public schools except so long as may be necessary to fulfill the conditions of any legal adoption existing at the time of the passage of this act. Sec. 3. In all normal schools, teachers' training classes, teach- ers' institutes, teachers' associations, summer schools and all other organizations for the equipment of teachers, adequate time and attention shall be given to instruction in the best methods of teaching phs^siology and hygiene with special reference to the na- ture of alcoholic drinks and other narcotics ; and no teacher shall be licensed who has not passed a satisfactory examination in this subject and the best method of teaching it. Sec. 4. That it shall be the duty of the proper officer in control of any school or schools described in the first and third sections of this act to enforce the provisions of this act ; and any such offi- cer, school director, committee, superintendent or teacher who shall refuse or neglect to comply with the requirements of this act or shall neglect or fail to make proper provision for the in- struction required and in the manner specified by this act for all pupils in each and every school under his control and supervision shall be removed from ofiice and the vacancy filled as in other cases ; and if it be satisfactorily proved that trustees or board of education or board of educational institutions, receiving money from the State have failed to enforce this act, as far as they have authority, it shall be deemed sufficient cause for withholding the warrant for the State appropriation of school money to which such district or educational institution would otherwise be en- titled. Sec. 5. This act shall be in full force from and after its ratifi- cation. In the General Assembly read three times, and ratified this the 11th day of March, A. D. 1907. 1907, c. 957. HEALTH LAW. CONTAGIOUS DISEASES. 3440. Board of health to notify school committees of con- tagious DISEASES. The boards of health of cities and towns wherever organized, and, where not. the mayors of the same, and in other cases the county superintendent of health, shall give the school committee of the city or town, the principals of private schools, and the superintendent of public instruction of the county, when the schools are in session, notice of all cases of contagious diseases reported to them according to law. A failure to perform this duty for twenty-four hours after the receipt of the notice shall be deemed a misdemeanor, and subject the delinquent upon conviction to a fine of not less than ten nor more than fifty dollars. 1893, c. 214, s. 12. 3441. Children exposed to contagious diseases not to attend SCHOOLS. The school committees of public schools, superintend- ents of graded schools, and principals of private schools shall not allow any pupil to attend the school under their control while any member of the household to which said pupil belongs is sick of either smallpox, diphtheria, measles, scarlet fever, yellow fever, typhus fever, cholera, mumps, whooping-cough, itch, or during a period of two weeks after the death, recovery, or removal of such sick person : and any pupil coming from such household shall be required to present to the teacher of the school the pupil desires to attend a certificate from the attending physicia"n, city health oflicer, or county superintendent of health of the facts necessary to entitle him to admission in accordance with the above regula- tions. A willful failure on the part of any school committee, superintendent of a graded school, or principal of a private school, to perform the duty required in this section, shall be deemed a misdemeanor, and upon conviction shall subject each and every member of the same to a fine of not less than one nor more than twenty-five dollars: Provided, that the instructions in accord- ance with the provisions of this section given to the teachers of the schools within twenty-four hours after the receipt of each 104 Contagious Diseases. and every notice shall be deemed performance of duty on the part of the school committee. Any teacher of a public school and any principal of a private school failing to carry out the require- ments of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one nor more than twenty-five dollars. 1893, c. 214, s. 13; 1903, c. 690. INDEX TO PUBLIC SCHOOL LAW. A Section Abstract tax lists to be furnisliefl county board 4110 Accounts of State board ." 4034 Action on bond county treasurer 4153 Additional powers of county board 4125 Admission of students to farm-life scliool, page Hi. Age for free tuition 4085 Agriculture, elements of, to be taught 4087 Aim of farm-life school, page 8. Alcoholic drinks, effects of 4087 Annual appropriation $125,000, per capita 4097-98 Annual appropriation $100,000 to equalize schools 4099-4106 Annual reports State Superintendent to include operations of loan fund 4092 Application of chapter 89 4029 Apportionment, basis of 4117 Apportionment county school fund 4116 Apportionment income permanent fund 4094-95 Apportionment special-tax funds 4113-15 Apportionment unused funds 4116 Appropriation for libraries 4179 Appropriation for farm-life schools, page 17. Arithmetic to be taught 4087 Attendance, compulsory 4085 Attendance on institutes 4167 Attorney-General member of State board 4030 Auctioneers' license taxes 4107 Auditor member State board 4030 B Basis of apportionment school fund 4117 Biennial report State Superintendent 4089 Board of trustees farm-life school Bond of treasurer of school fund 4152 Bonds for farm-life school, page 11. Bookcases for libraries 4174 Branches to be taught in public schools 4087 Building fund provided for 4116 Building fund can bear only half cost of new house 4124 Buildings and equipment of farm-life school, page 9. C Canvass of vote in special-tax elections 4115 Census taken by committee 4148 Certification of teachers 4162 Child labor, page 94. Cities and towns may levy special tax 4114 Civil government to be taught 4087 Civil liability of sheriff for failure to settle school taxes 4111 Closing School, nonattendanci' 4164 Closing school, time of, fixed 4123 Collection of school taxes 4111 Collection of special taxes 41i:'>-15 Committee, apportionment special-lax funds 4113-15 care of property 4147 census deaf and dumb and blind children 4148 chairman of 4146 compensation of 4145 contract with private school 4151 dismissal of teacher 4161 district or township 4145 106 Index. Section Committee, election of 4145 employment of teachers 4161 expenditures by 4149 illiterates reported by 4148 notification of apportionment 4116 oath of 4088 Committee not to overdraw account 4150 records 4149 removal 4126 report value of school property 4148 secretary of 4146 sign order for salary of teacher 4164 special-tax districts 4115 term of office 4145 township high school 4113 Composition to be taught 4087 Compulsory attendance 4085 Compulsory attendance, page 96. Condemnation of school site 4131 Constitution North Carolina and United States to be taught 4087 Construction of school law 4090 Contagious diseases, page 103. Contingent expenses State board 4031 Contingent fund 4116 Contract for schoolhouses in writing 4124 Corporate name of farm-life school, page 17. Cost of building, one-half from building fund 4124 Criminal liability of sheriff for failure to settle taxes 4111 Corporate powers 4030 County board, additional powers of 4125 apportionment of county fund 4116 compensation of 4134 contracts for schoolhouses 4124 dismissal of teacher 4127 districts, special-tax, formed 4115 donations to 4130 duties of 4121 election of 4119 election county superintendent 4135 equalize school term 4116 estimate for four-months term 4112 examination reports of superintendent and treasurer 4134 farm-life schools, page 8. fix time opening schools 4123 grade schools 4116 investigations 4127 list fines reported to 4108 loans to districts 4055 may close school, nonattendance 4164 may punish for contempt 4128 may require reports of treasurer 4160 members may be removed 4126 members take oath of office, Avhen 4120 meetings, number of 4133 must use approved plans of houses 4124 notification to committeemen of apportionment 4116 oath of 4088 obey instructions State Superintendent 4090 power to create and abolish districts 4129 qualifications for membership 4119 race discrimination prohibited 4116 removal county superintendent 4126 secretary of 4139 sale of school property 4130 shall fix salary of all teachers 4116 site for school may be condemned 4131 taxation for schools term of office 4119 unused funds 4116 vacancy 4119-20 Index. 107 Section County commissioners appoint special-tax election officers 4115 County commissioners must levy tax tor four-months school 411i; County commissioners order special-tax district elections 4110 County officers to file list of fines, etc 41US County school fund, what 4107 Course of study 4087, 411o County superintendent, advises comiiiil (ecmcn 4142 attendance on IState association 4141 conducts examinations 4162 distributes blank forms 4142 election of 41o5 examinations, private 41(32 fee for private examination 4102 holds teachers' meetlnj;s 4l4o inspection new houses 4124 keeps an index of deeds 4132 must not teach school 41o8 must reside in county 4138 must visit schools 4141 office at county-seat 4139 qualifications of 4135 removal from office 4126 report deaf and dumb and blind eail(ir,'n 4144 report to State Superintendent 4143 salary of 4144 secretary county board 4139 signs all orders on treasurer 4154 term of office 4135 County treasurer made treasurer of school fund 4152 compensation 4152 D Date for repayment of loans 4054 Day, what constitutes 4163 Deaf and dumb and blind children reporteii 4144 Deaf children must attend, page '.>9. Deeds to school property filed with clerk of court 4132 Discrimination against any race forbidden 4085 Dismissal of teachers 4161 Distribution $125,000, per capita 4097-98 Distribution blank forms by county superintendent 4142 Districts, account keiit by treasurer 4157 bear one-half cost of building 4124 created or abolished by county l)oard 4129 equal term in township 4116 how formed 4129 loans to 4055 may jointly employ superintendeui 4137 may vote special tax 4115 must have 65 census 4129 Donations may be accepted by county board 4130 Drawing must be taught 4087 Duties and powers of county board 4121 Duties State Superintendent 4089-92 E Effects of narcotics taught 4087 Election, county board 4119 county superintendent 4135-36 farm-life school special-district tax 4115 special tax in cities and towns 4114 township high-school tax 4113 Employment of teachers, method 4161 Enforcement of school law by State Superintendent 4090 English grammar to be tanght 4087 Enlargement libraries 4177 Enlargement special-tax districts 4115 108 Index. Section Equal school term for all schools of township 4116 Estimate for four-months term 4112 Estrays, proceeds of sale of 4107 Examinations, private 4162 Examinations, time of 4162 Examinations, teachers 4162 Examiners, State Board of 4162' Exchange, libraries 4176 Execution school law 4125 Exemption certain schools from chapter 89 4029 Expenditures by committee 4149 Extension and demonstration work, page 16. P Failure county treasurer to make report misdemeanor 4160 Failure member of county board to qualify creates vacancy. 4120 Farm-life school : Pages aim 8 admission of students 16 appropriation of State funds 17 board of trustees 8 buildings, etc 9 bonds to be issued 11 corporate name 17 certification of teachers 15 extension and demonstration 16 election in county 10 election in township 11-13 high school in connection with 14 location 9 treasurer of 17 Pee for private examination 4162 Fines belong to school fund 4107 Fines, list of. reported to countv board 4108 First $125,000 : 4097-98 Fiscal year 4118 Forfeitures belong to school fund 4107 Formation special-tax districts 4115 Forms to be printed by State Superintendent 4089 Four-months school required 4112 Freeholders, petition for local tax 4113-15 Funds, apportionment special tax 4113-15 repayment of loans 4055 reserve to secure four-months school 4116 G General power county board to execute school law 4125 Geography to be taught 4087 Government, elements of civil, taught 4087 Governor member State board 4030 Grade of school considered in fixing salary of teacher 4116 Health law, page 103. High-school certificate 4162 High-scliool law, page 90. High schools for townships 4113 High-school subjects taught in what schools 4113 History to be taught 4087 Houses must be built according to approved plans 4124 How township high-school tax may be voted 4113. Hygiene to be taught 4087 I Illiterates reported by committee 4148 Income permanent fund, how apportioned 4094 Index deeds to school property 4132 Index. 109 Section Indians of Robeson County have separate schools 4085, 4168, 4171 Inspection new schoolhouses 4124 Installment on loans 4054 Institutes \\ 4167 Investigations, county board ., . 4127 Investment fund, State board 4035 L Language lessons taught 4087 Liability sheriff for school taxes 4111 Libraries, appropriation for 4179 bookcases for 4174 cities and towns excluded 4178 enlargement of 4177 exchange of 4176 how established 4172 managers of 4172 number established limited 4178 rules for 4175 State contribution 4173 License, proceeds auctioneers' 4107 Lieutenant Governor member of State board 4030 Limitation on building fund 4116 Liquor license tax, proceeds of 4107 List fines, penalties, etc., to be furnished 4108 List taxes, separate columns for school taxes 4109 Literary fund, property of 4033 Loans, building schoolhouses 4053-56 how repaid 4054 how secured 4055 school districts 4056 Location of farm-life school M Maximum salary teacher fixed by county board 4116 Meetings county board, number of . . . . ." 4133 Meeting teachers 4140 Members county board, oath of 4088 Members State board, who 4030 Minimum salary to holder State certiflcate 4162 Minimum salary to holder high-school certiflcate 4162 Month, what constitutes 4163 N Negroes may not attend white schools 4085 Nonattendance, closing schools for 4164 No race discrimination 4185, 4116 Notes for school loans deposited with State Treasurer 4054 O Oath of office school officers 4088 Office days county treasurer 4156 Oflicers school system to obey instructions 4090 Officers school system to obey instructions State Superintendent. . . 4090 Officers State board " 4031 Office State Superintendent must be at capital • 4089 Opening of schools, time fixed 4123 P Payment apportionment from permanent fund 4095 Payment schoolhouse loans 4054 Penalties, list of, to be filed with county board 4108 Penalties, proceeds, belong to school fund 4107 110 , Index. Section Pel' capita apportionment to township 4116 Permanent school fund, what 4093 Petition for local-tax election 4113-15 Physiology taught 4087 Place of meeting State board 4031 Plans used for building schoolhouses 4124 Poll holders for special-tax election 4115 Powers and duties county board 4121 Power of county board to punish for contempt 4128 Powers of State board 4033 President of State board 4031 Private school, contract with 4151 Private examinations 4162 Proceedings State board must be kept 4032 Property of literary fund 4033 Public-school law to be printed 4089 Public-school studies 4087, 4113 Public-school system uniform 4085 Pupils may be dismissed 4166 Pupils, rules for attendance 4122 Q Qualiiications membership county board 4119 Qualifications office county superintendent 4135 ■Qualifications teacher considered in fixing salary 4116 Quorum State board 4031 R Races must have equal school term .• 4116 Races, separate schools for 4085 Rate special tax 4113-15 Reading to be taught 4087 Recommendations State Superintendent 4089 Register of deeds to furnish abstract of tax lists 4110 Registrar for special-tax elections 4113-15 Registration for special-tax elections 4113-15 Removal school oflicers 4126 Repayment loans 4054 Report county superintendent to State Superintendent 4143 Reports county treasurer and superintendent examined 4134 Report State Superintendent to Governor 4089 Report, teacher's monthly 4164 Reserve fund to secure four-months school 4116 Rules, apportionment $100,000 to equalize schools 4099-4106 Rules, establishment township high schools 4113 Rules, libraries 4175 Rules and regulations, school attendance 4122 Rural libraries 4172-79 S Salary county superintendent 4144 Salary teacher fixed by county board 4116 Salary teacher, paid, how 4164 School age 4085 School committee, election of 4145 committee, oath of 4088 committee, township high school 4113 day, length of 4163 district must have 65 census 4129 districts, how formed 4129 fund, apportionment 4116 fund, permanent 4093 house loans 4053 houses, buildings of 4124 law to be published 4089 month, length of 4163 Index. m School committee : Section officers to obey instructions 40qf> property, charge of committee 4147 property may be sold 41^0 separate for each race 408^ sites, how acquired 4V0V taxes in separate column 4100 School term must be four months 41 Vo term, equal in townships 411R term, races equal 41 Ifi township high ..-...........[. 4113 yp3^i' 4118 Schools exempt from provisions chapter SO 409o Second ,$100.000 '4'099-41Ofi Secretary county board 4100 Secretary State board '.'.'.'.'.'. 4081 Secretary of State member State board 4o'so Security for loans 4055 Separate schools for races 409*1 Sheriffs liability for school taxes '. 4111 Special permanent school fund ' ' ' 4093 Special tax, apportionment 4113 15 county 4ll'? districts 4115 four-months school 4112 towns and cities 4114 township high school 4113 Spelling taught '.'.'.'.''. 4087 State appropriation for schools 4097-4106 State Association County Superintendents 4141 State board 4030-35 corporate powers 4030 examiners . . 4162 makes schoolhouse loans 4053-56 proceedings kept 403'> powers of ; 4033 quorum 4031 State certificate 4162 State Superintendent ...............'. 4089-92 biennial report . 4089 enforcement school law by . 4090 member State board . . 4080 office at capital ' ' ' " 4089 print school law 4089 recommendations 4089 report to include loan-fund operations 4092 State Superintendent secretary State board ." .' 4031 Studies required 4087 4113 Supplementary libraries ..[[.[....... ' 4177 T Tax lists, abstracts furnished county board . 4110 separate columns for school taxes 4109 Tax, special, for schools 4112-15 Teacher, age of 4163 assistant only, with third-grade certificate ...........'..'.'.'.'.'. 4163 certificate, kinds 4162 character may be investigated ....[.......... 4127 dismissed by committee, how '...-........ 4161 dismissed by county board, how 4127 employed, how . . 4161 examination 4162 high-school certificate [....[......... 4162 institute attended by 4167 keep register '/, 4165 may dismiss pupils 4166 meetings 4140 monthly report ' . 4164 must not be member county board 4119 112 Index. Teacher : Section no exemption from examination 4163 qualifications considered in fixing salary 4116 record census in scliool register 4148 report to county superintendent 4165 rules and regulations for 4122 salary, how paid 4164 salary for holder of second-grade certificate 4163 salary, maximum, fixed by county board 4116 State certificate 4162 suspended, how . 4141 Temperance instruction, page 101. Term, committeeman 4145 continuous 4163 county board 4119 county superintendent 4135 each race equal 4116 equal in each township 4116 four months in each district 4112 Text-book Commission 4057-84 Time opening and closing schools 4123 Township, apportionment to 4116 Township high-school committee 4113 Treasurer, all orders must be signed by county superintendent 4155 bond : 4152 county treasurer made treasurer school fund 4152 district account kept 4157 duties on expiration of term 4159 exhibit books to county board 4160 failure to report 4160 farm-life school, page 17. general account 4154 literary fund 4034 office days 4156 report examined 4134 report to State Superintendent 4158 State board 4031 State board to render account 4034 U Uniform system public schools 4085 Unused funds reapportioned 4116 V Vacancy county board, how filled 4119 Vacancy office superintendent, how filled 4135 Visiting schools required 4141 W Warrants for loans issued by Auditor 4053 Weak districts aided by county funds • 4116 Writing to be taught 4087 Y Year, school year, what 4118