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 SCHOOL OF LAW 
 LIBRARY 
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 I^. 
 
 liT
 
 Oht'o. Uvos, 5t^mt»s,«T: , 
 
 OHIO SCHOOL LAWS, 
 
 ACCOMPANIED Br 
 
 BL^l^K FORMS 
 
 AND 
 
 OPINIOIS OF COMMISSIONERS: 
 
 PREPARED BY 
 
 THE STATE SCHOOL COMMISSIONER, 
 
 FOR THE USE AND GOVERNMENT OF SCHOOL OFFICERS. 
 
 THIRD EDI^J^TON, 18GQ, 
 
 « COLUMBUS: 
 RICHARD NEVINS, STATE PRINTER, 
 
 1862.
 
 5
 
 rRRFACE TO SFXOND EDITIOX. 
 
 State of Ohio, Office of Commissioner of Schools, 
 Columbus, June 7, 1858. 
 
 Section 54 of the general school law makes h the duty of the School Com- 
 missioner to "cause as many copies of the laws relating to schools and teachers' 
 institutes, with an appendix of appropriate forms and instructions for carrying 
 into execution all such laws, to be printed in a separate volume, and distributed 
 to each county with the laws, journals and other documents for the use of the 
 school officers therein, as often after the first distribution as any change in said 
 laws may be made of sufficient importance, in the opinion of the Commissioner, 
 to require a republication and distribution thereof." 
 
 Strict obedience to the requirements of this section would have led to the publi- 
 cation of a now edition of school laws, forms, (fee, one year ago, as numerous and 
 important amendments had then been enacted. Many school officers throughout 
 the state requested that the work should not be delayed, as much inconvenience 
 was experienced from its want. Bat in view of the probability that additional 
 amendments would be enacted by the succeeding Legislature, and unwi'ling that 
 the state should be subjected to the expense of publishing an edition which might 
 within six months becooae obsolete, I judged it prudt-nt to defer the publication 
 until the present season. As but a single section of the law was amended during 
 the recent session of the Legislature, and as there was manifested a general in- 
 disposition to make further changes, there is a strong probability that the present 
 school laws of the State will rem-iin for years without material alteration. 
 
 The former edition was published under the supervision of the Hon. William 
 Trevitt, Secretary of State, in 1853. It embraced only the general school law, 
 and forms for the use of s3hool officers. The present edition comprises, 
 
 Ist. The act to provide for the reorganization, supervision and maintenance of 
 common schools, passed March 14, 1853. 
 
 2d. The Akron school law, with its various amendments 
 
 3i. The act for the better regulation of the public schools in cities, towns, <kc., 
 passed February 21, 1849. 
 
 4th. The several enactments concerning teachers' institutes. 
 
 5th. School lands, and irreducible school funds. 
 
 6th. Forms. 
 
 7th. A selection of the published opinions of the late, and the present Com- 
 missioner, relative to the int-rpret-ition of school laws. 
 
 It will be observed that the laws are published in the form in wlrch thev now 
 exist. Amended sections are iodica'.ed by reference to explanatory notes. 
 
 For the statement respecting the irreducible school funds, I acknowledge in- 
 debtedness to the late Commissioner, ttie Hoa. H. H. Barney. 
 
 To prepare suitable forms for conductifg pro'.eeJings under our school laws, 
 much care and labor have been expended ; and it is believed that decided im- 
 provement has been marie upon those heretofore in use. In the p^eparatioa of 
 these foi*ms, a 1 irge number of the Auditors of Coaali-s have been consulted. 
 Tue form for teachers' register was, a!; my request, furnished by A. J. Dildine, 
 E:q , Auditor of Fairfield county.
 
 4 
 
 Of the numerous published opinions of nay predecessor, not a few have become 
 inapplicable, by reason of changes in the school law, enacted since their publi- 
 cation. Of the remainder, I have selected nearly eighty, which, together with 
 many of my own, are inserted in this volume. It is believed that they will prove 
 convenient to school officers throughout the State ; and it is hoped that they will 
 obviate the necessity of much of the correspondence which has hitherto been 
 required of this department. 
 
 ANSON SMYTH, 
 State School Commissioner. 
 
 PREFACE TO THIRD EDITION 
 
 Office of State School Commissioner, 
 Columbus, May 1, 1862. 
 
 Four years have elapsed since the publication of the second edition of our 
 school laws. That edition consisted of twenty-five thousand copies. It is nearly 
 a year siuce it was entirely exhausted ; and frequent and pressing calls have 
 been made for a new supply. 
 
 The present edition presents the school laws of the State with the various 
 amendments that have been made during these four years. A very large addi- 
 tion has been made to the " Opinio:! s" upon our school law, which, I trust, will 
 greatly assist school officers in the discharge of thtir duties. 
 
 It has been my intention to make various improvements in the Forms and 
 Blanks ; but the many other duties which demand my time have prevented the 
 accomplishment of this purpose. 
 
 The Circulars included in this volume were originally prepared to serve tempo- 
 rary purposes ; but it is my opinion that they contain suggestions which render 
 them of permanent value. 
 
 ANSON SMYTH, 
 State School Commissioner.
 
 SCHOOL LAWS u force; 
 
 CHAPTER I. 
 
 Townships 
 compose dis- 
 tiicte ; school 
 districts are 
 sub-districts. 
 
 Board of edu- 
 catijn. 
 
 Local direct- 
 ors. 
 
 C.ties, &c. 
 
 GENERAL SCHOOL ACT. 
 
 An Act to provide for the reorganization, supervision and maintenance of 
 
 Common Schools. 
 
 [Passed March 1, 1853. LI vol. Slat 429.] 
 
 Section 1. Be it enacted hy the General Assemlly if the State of 
 Ohio, That hereafter each and every organized township in the state 
 shall compose but one school district for all purposes connec'ed with 
 the geneial interests of education in the township, and shall be con- 
 fined to the management and control of a board of education, and 
 the several school districts, or fractional parts thereof, which now are 
 or may hereafter be established in the several organized townships 
 of the stale, shall be regarded as sub-districts, and be confided to 
 tl;e management and contiol of local directors, as hereinafter pro- 
 vided ; but nothing contained in this act shall be so construed as to 
 give to the township board of education, or to local directors in sub- 
 districts, juri-diction over any territory in the township included 
 within the limits of any city or incorporated villagp, with the territory 
 annexed thereto for school purposes, which shall elect or appoint a 
 board of education as hereinafter provided, or which now is or may 
 hereafter be governed, as to schools, by any special or other act, 
 specified in the sixty-seventh section of this act. 
 
 ELECTION OF LOCAL DIRECTORS. 
 
 Sec. 2. On the second Monday of April, in the year eighteen When, xvhere 
 
 hundred and fifty-three, there shall be held, at the usuhI hour and *"^ ^°'', ^\' . 
 • . . . rectors GiGCtcO* 
 
 place of holding district meetings in each of the sub-districts of the 
 
 several townships of the siate, a i-chool meeting of the qualified 
 
 voters resident within the sub-district, and having the qualifications 
 
 of voters at the state and county elections, who, when assembled, 
 
 shall organize by the appointment of a chairman and secretary, and 
 
 proceed to elect, by ballot, three school directors for such sub district ; 
 
 of those so elected, the person receiving the highest number of vott^s Term of office, 
 
 shall hold his office for three years ; the person receiving the next 
 
 highest number, shall hold the office for two years; and the person 
 
 receiving the next highest number, shall hold the office for one >ear ; 
 
 and each shall continue in office until his successor is elected acd 
 
 qualified. In case two or more persons so elected have received aa 
 
 » For the convenience of reference, the following acta are numbered as chap- 
 ters.
 
 Minutes of the 
 meeting. 
 
 Clerk to re- 
 cord. 
 
 Clerk to cer- 
 tify. 
 
 Hour of hold- 
 ing election. 
 Who may de- 
 signate. Five 
 days' notice to 
 be given. 
 
 Official oath. 
 
 Vacancy, how 
 filled. 
 
 Special meet- 
 ing to elect 
 directors. 
 
 Terms of of- 
 fice. 
 
 How directors 
 to crgatiize, 
 and their meet- 
 ings. 
 
 Clerk cf sub- 
 districts ; du- 
 ties of. 
 
 equal number o'' votes, the duration of their respective terras of office 
 shall be determined by lot, in the presence of the chairman and sec- 
 retary of the meeting ; and annually thereafter, in the same manner, 
 on the second Monday in April, there shall be elecled in each ?ub- 
 district of the proper township one school director for the term of 
 three years ; and the minutes of the proceedings of any such district 
 meeting shall be signed by the chai-man and secretary, and deliv- 
 ered to the directors who shall have been elected as aforesaid, to be 
 recorded by the clerk in the records of the sub-district, and the said 
 clerk of the sub-district shall forthwith certify to the townsh'p clerk 
 the names of the local directors so elected, specifying the term for 
 which each was elected. If the directors of any sub district, so 
 elected, shall deem it expedient, they may des-ignale the specific hour 
 of the day on which the annual election for such sub-district shad be 
 held, and in such case shrill cause five days' notice thereof, in wjiting, 
 to be posted up in three of the most public places in such sub district. 
 
 Sec 3.^' The said directors, within five days after their election, 
 shall take an oath or affirmation to support the constitution of the 
 United States, and of the state of Ohio, and faithfully and impar- 
 tially to discharge the duties of their office ; which said oath the 
 directors are authorized to administer to each other. And in case 
 a vacancy shall occur in the office of d rector, by death, resignation, 
 refusal to serve, or otherwise, it shall be the duty of the township 
 clerk to fill such vacancy within ten days after being informed 
 thereof, by the appointment of some suitable person, who shall hold 
 his office until the lime of the next annual meeting, when a director 
 shall be elected for the remainder, if any, of the unexpired term, in 
 the manner prescribed in section two. 
 
 Sec. 4 * If the qualified voters of any sub-district shall fail to 
 meet and elect school directors, as prescribed in sections two and 
 thi'ee, it shall be lawful for any three qualified voters of such sub- 
 district to call a special meeting of the voters of such sub district, 
 for the purpose of electing directors, on first giving five days' no 
 tice, in writing, of the time and place of holding such meeting, by 
 posting the same in three of the most public places in such sub-dis- 
 trict ; and the directors so elected at such special meeting shall hold 
 their offices for the unexpired term which they were respectively 
 elected to fill. 
 
 Sec. 5 It shall be the duty of the directors, any two of whom 
 shall constitute a quorum, to meet as soon as practicable after hav- 
 ing been elected and qualified, at such place as may be most con- 
 venient in the sub-district, and organize by appointing one of their 
 Dumber clerk of the sub-distiict, who shall preside at the official 
 meetings of the directors, and record their proceedings in a book 
 provided for the puipoe, together with the minutes of the proceed- 
 ings of the annual school meetings held in the sub-district, by the 
 qualified voters thereof, which shall be a public record ; and all 
 such pn>ceedings, when so lecorded, shall be signed by the clerk of 
 the proper sub district. The directors may meet as frequently as 
 they may think m cessary for the transaction of business, and fill 
 any vacancies in the office of clerk which may occur in the sub-dis- 
 trict ; or, in case of his absence, either of the other directors may 
 officiate temporarily in his place. 
 
 * As amended April 17, 1857,
 
 DUTIES OF LOCAL DIRECTORS. 
 
 Sec. 6. It shall be the duty of the school directors, ia each 
 sub-district, to take the management and control of its local inter- 
 ests and afTiiJrs, to employ teachers, to certify the amount due them 
 for services to the township clerk, who shall draw an order on the 
 township treasurer for the amount ; and to dismiss any teacher, at 
 any time, ior such reason as they may deem sufficient ; and to visit 
 the school or schools of the sub-district at least twice during each 
 term, by one or more of their number, wiih such other person or 
 persons competent to examine pupils in their studies, as they may 
 choose to invite. 
 
 Sec. 7. It shall be the duty of the directors, in their respective 
 sub-districts, to negotiate and make, under such rules and regula- 
 tions as the township board of education may prescribe, all necessary 
 contracts in relation to providing fuel for schools, repairing, build- 
 ing or furnishing school-houses, purchasing or leasing school-house 
 sites, renting school-rooms, and making all other provisions neces- 
 sary for the convenience and prosperity of scho 'Is within their sub- 
 district ; but no contracts shall be made by the directori, under the 
 provisions of this section, for the payment of money from the town- 
 ship school fund applicable to such purposes, which in any one year 
 shall exceed the amount distributable to the sub-districts, in propor- 
 tion to the enumeration of scholars resident therein, without first 
 obtaining the consent or order of a majority of the township board 
 of education ; and all contracts made by the local directors, under 
 the provisions of this section, shall be reported to the said board, at 
 their next meeting after the making of such contracts ; and said 
 to97nship board of education, in their corporate capacity, on the 
 part of the sub-district, shall be held responsible for the perform- 
 ance thereof. 
 
 Sec 8.* It shall be the duty of the directors in each sub -dis- 
 trict to take, or cause to be taken, annually, between the first and 
 third Monday of Septeaaber, an enumeration of all the unmarried 
 white and colored youth, noting them separately, between the ages 
 of five and twenty-one years, resident within such sub-district, and 
 not temporarily there, designating between male and female, and 
 return a certified copy thereof to the township clerk ; and in case 
 the directors in any sub district shall fail to take and return the 
 enumeration aforesaid, it shall be the duty of the township clerk to 
 emp'oy a competent person to take the same, and allow him a rea- 
 sonable compensation for his services ; and thdl proceed to recover 
 the amount so paid for such services in a civil action before any 
 court having jurisdiction, in the name of the state of Ohio, against 
 said directors in their individual capacity ; and in such suits said 
 clerk shall be a competent witness ; and the money so collected 
 shall be applied to the use of common schools in the proper town- 
 ship. The township clerk shall make an abstract of the enumera- 
 tion so returned to him, designating the number of youth in each 
 sub-district, and transmit such abstract, duly certified, to the county 
 auditor, on or before the first day of October. 
 
 Sec. 9. If any civil township, or part of a township, composing 
 a sub-district, shall be partly situated in the Virginia Military Dis- 
 trict, the United States Military District, the Western Reserve, or 
 
 Their duties. 
 
 Township 
 clerk to draw 
 orders oa trea- 
 sury. 
 
 Duties of local 
 directo s con- 
 tinued. 
 
 When consent 
 of board to be 
 obtained. 
 
 Contracts to 
 be reported to 
 board Board 
 responsible for 
 perform i nee of 
 contracts. 
 
 Enumeration 
 of youth. 
 
 Abstract to be 
 transmitted to 
 auditor. 
 
 Different sur- 
 veys to be no- 
 ted separately 
 
 * As amended April 17, 1S57.
 
 8 
 
 in an original surveyed township or fractional township, to which 
 belongs any of section sixteen, or other lands in lieu thereof, or any 
 other lands for the use ot schools, or any interest in the proceeds of 
 such school lands, the local directors shall, in taking the enumeration 
 of youth resident within their jurisdiction, return separately those 
 residing in the Virginia Military District, or United States Military 
 District, or Western Reserve, or original surveyed or fractional 
 township, to which belong any school lands, or interest in the pro- 
 ceeds of school lands. 
 
 Of whom com- 
 posed. 
 
 Quorum. 
 
 Township 
 clerk to be 
 clerk of board. 
 
 Towers and 
 
 dutiee. 
 
 Seeaionsof t'le 
 board, regular 
 ana adioura- 
 ed. ^ 
 
 TOWNSHIP BOARDS OF EDUCATION. 
 
 Sec 10. That the township board of education shall consist of 
 the township clerk, and of the local director from each sub-district of 
 the township, who has been appointed cleik in his s-ub-district, a 
 majority of whom shall constitute a quorum for the transaction of 
 business ; and the clerk of the township shall be clerk of the board, 
 but shall not be entitled to a vote. It shall be the duty of baid clerk 
 to be present at the meetings of the board, and to record in a book, 
 to be provided for the purpose, all their official proceedings, which 
 shall be a public record, open to the inspection of any person inter- 
 ested therein ; and all such proceedings, when so recorded, shall be 
 signed by the chairman and clerk. 
 
 Sec. 11. The said township board of education, in each township 
 of the state, and their successors in office, shall be a body politic and 
 corporate in law, and, as such, may contract and be contracted with, 
 sue and be sued, plead and be impleaded, in any court of law or 
 equity in this state, and may receive any gift, grant, donation, or 
 devise, made for the use of any school or schools, within their juris- 
 diction ; and, moreover, they shall be, and are hereby invested, in 
 their corporate capacity, with the title, care, and custody of all 
 school-houses, school hou^e sites, school libraries, apparatus, or 
 other property belonging to the school district as now organized, or 
 which may hereafter be organized, within the limits of their jurisdic- 
 tion, with full power to control the same in such manner as they may 
 think will best subserve the interests of common schools, and the 
 cause of education ; and when, in the opinion of the board, any 
 school house, or school-house site, has become unnecessary, they 
 may sell and convey the same in the name of the township board of 
 education of the proper township ; such conveyance to be executed 
 by the chairman and clerk of said board, and shall pay the avails 
 over to the township treasurer of the proper township, for the benefit 
 of schools ; and all conveyances of real estate which may be made 
 10 said board, shall be to said board in their corporate name, and to 
 their successors in office. 
 
 Sec. 12 * It shall be the duty of the township board of educa- 
 tion to hold regular sessions on the third Monday of April, and on 
 the tLird Monday of September in each year, in the usual place of 
 holding township elections, or at such place in the immediate neigh- 
 borhood as iLay be convenient for the transaction of any business 
 which may be necessary in relation to the subject of either the pri- 
 mary or graded schools of the township, with power to adjourn from 
 time to time, or to hold special meetings at any other time or place 
 
 * As amended April 17, 1857.
 
 ■within the proper township, as they may think desirable for the 
 transHction of bu-int-ss as aforesaid, and at all such meetings shall 
 appoint one of their number to the chair, and in case of the absence 
 of the township c'erb, may appoint one of their own number to serve 
 temporarily as clerk. 
 
 Sec 13 The township board of education shall have the man- Management 
 agement and control of all the central and high schools of their of central and 
 proper township, which may be established therein under the author- "'o'^ schoo s. 
 ity of this act, with iu 1 power, in respect to such schools, to employ, 
 pay, and dismiss teachers, to build, repair and furnish the necessary 
 school-hou-es, purchase or le-<se sites therefor, or rent suitable 
 school-rooms, and make all other necessary provisions relative to 
 such schools as they may deem proper; and it shall be the duty of When to act as 
 said board ot education to exercise all the powers conferred on local local directors. 
 directors in respect to sub district schools, whenever such local di- 
 rectors shall neglect to discharge their duties in any sub-disirict, as 
 required by this act ; and it shall also be the further duly of said To prescribe 
 board to prescribe rules and regulations for the governmtnt of all rules, etc. 
 the common schools wiihin their jurisdiction ; said board of educa- May provide 
 tion may provide for German schools for the instruction of such for German 
 }outh as may desire to study the German language, or the G. rraan schools. 
 and English languages together, and if the board shall deem it ne- 
 cessary, they may appoint one of their number the acting manager May appoint 
 of schools for the township, who shall do and perform all such duties acting mana- 
 as the board may prescribe in relation to the management and su- ^^^' 
 pervision o! the different schools, and the educational interests of the 
 township, and may allow him a reasonable compensation for his 
 services. 
 
 Sec. 14 The said board shall prepare, or cau^e to be prepared. Map of towu- 
 a map of their township, as often as they deem necessary, on which ^'P", 
 shaU be designated the sub districts of the township, which they ^iter sub dis- 
 may change or alter at any regular session, and the number of triets. 
 scholars assigned to each ; but no sub district shall contain within Sub-districts , 
 
 its limits less than sixty resident scholars by enumeration, except in ^'-^ to contain 
 1 • ^1 •'• • r .1 u J •. ■ I less than sixty 
 
 cases wheie, in the opinion of the board, it is necessary to reduce gcholars, ex- 
 
 ihe number ; and it shall be the duty of the board to establish a cept. 
 school in each sub district of the township, ot such grade as the pub- gchool in each 
 lie good, in their opinion, may require ; and in the location of primary sub-district, 
 schools, or schools of higher grade, the board shall have reference 
 to population and neighborhood, pacing due regard to any school- 
 house already built, or site procured, as well as to all other circum- 
 stances proper to be considered, so as to promote the best interests 
 of the schools. 
 
 Seo. 15. The board shall have power to assign such number of Assignment of 
 scholars to the several primary schools as they may think bist ; and scholars to 
 when such assignment has been made, shall furnish the teacher a list h'gher 
 of the scholars to be assigned ; and the board shall also have full ^'^ '°° ^' 
 power to regulate and control the admi>sion of schohirs to schools 
 of a higher grade, according to age and attainments, and may admit 
 scholars over tw< nty-one years ot age, and may suspend, or author- Disorderly 
 ize the local directors to suspend, from the privileges of either of the scholars may 
 schools, any pupil found guilty of disorderly conduct, which suspen- be suspended, 
 sion shall not extend beyond tlie current session of the school. 
 
 Sec. 16. Whenever it shall happen that persons are so situated 
 as to be better accommodated at the school of an adjoining town-
 
 10 
 
 Division of 
 township fill- 
 ed ucational 
 purposes. 
 
 Scholars may 
 be transferred 
 to another 
 township. 
 
 Board to deter- 
 raine studies, 
 books. 
 
 Librarian. 
 
 To give bond. 
 
 What report 
 must show. 
 
 Board of edu- 
 Cition to re- 
 pcrt to auditor 
 
 ship, or whenever it may hi desirable to establish a school composed 
 of parts of two or more townships, it shall be the duty of the respective 
 boards of the townships in which such persons reside, or in which 
 such schools may be situated, or of the townships or parts of which 
 the school is to be composed, to transfer such persons for educa- 
 tional purposes to the township in which such school-house is, or 
 may be located ; but the enumeration of scholars shall be taken in 
 each township, as if no such transfer had been made, and such 
 school, when so composed, shall be supported from the school funds 
 of the respective townships from which the scholars may have been 
 transferred ; and the board of that township in which the school- 
 house is situated, shall have the control and management of such 
 sciiool, and the board of the adjoining township or townships, so 
 connected for school purposes, shall each make the proper estimates 
 of their share of expenses of every kind necessary to sustain said 
 school, and certify the sanae to the auditor of their proper county, as 
 part of their annual estimates for school purposes, and draw orders 
 on their respective township treasurers, for such sum as will be ia 
 proportion to the enumeration of scholars so transferred, in favor of 
 the board of that township in which such school is located, to be 
 appropriated to the payment of teachers, and for other purposes 
 connected with the establishment or maintenance of said school, as 
 far as applicable. 
 
 Sec 17. The said board shall have power to determine the 
 studies to be pursued, and the school-books to be used ia the sev- 
 eral schools under their control, and shall muke and enforce such 
 rules and regulations relative to the use and preservation of the 
 scliool libraries and apparatus as they may think advisable, and 
 shall appoint, or authorize the local directors to appoint a suitable 
 person to act as librarian, and to take charge of the school appa- 
 ratus, resident at some convenient place in the neighborhood where 
 the school is kept, and may require such librarian to give bond for 
 the faithful discharge of his duties, and allow him such compensa- 
 tion as ihey may thmk reasonable. 
 
 REPORT REQUIRED OF TEACnERS. 
 
 Sec. 18. It shall be the duty of the school-teacher to make out 
 and tile with the township clerk, at the expiration of each term of 
 the school, a full and complete report of the whole number of 
 scholars ad mitt' d to the school during such term, distinguishing 
 between male and female, the average attendance, the books used, 
 the branches taught, the number of pupils engaged in the study of 
 each of said branches, and such other statistics as he may be re- 
 quired to make by the township boaid or local directors, and until 
 such report shall have been certified and filed by the said teacher as 
 aforesaid, it shall not be lawful for said board or local directors to 
 pay said teacher for his or her services. 
 
 STATEMENT REQUIRED OF DIRECTORS. 
 
 Sec. 19.* The board of education in each township shall pre- 
 pare, or cause to be prepared, and forwarded to the county auditor, 
 oa or before the fi^st day of October, a statement exhibiting the 
 number of children in the township, between the ages of five and 
 
 * As amended April 17, 1857.
 
 11 
 
 twenty-one years, distinguishing between male and female ; the 
 nuaber of schools, specitjing the different grades; the nunober of 
 teachers, male and female ; the number of children, male and 
 female, who have attended school during the past year ; the aver 'ge 
 attendr;nce ; the length of the terms of schools ; compensation of 
 teachers, male and female ; the number and condition of the school- 
 houses and furniture, and the estimated value thereof; the number 
 and condition of the books in the school libraries; the number of 
 libraries ; the kind of school books used in the schools ; the number 
 and value of school apparatus, and a full account of the expenditures 
 for school purposes, together with such other statistics and informa- 
 tion in relation to schools as the state commissioner of schools may 
 require. 
 
 CENTRAL OR HIGH SCHOOLS. 
 
 Sec 20. Each township board of education shall have power, as 
 hereinafter provided, to establish in their respective townships such 
 number of graded schools, or such modifications of them, as the 
 public may require ; and, in case of the establishment of such graded 
 school.*, it shall be the duty of the board so to classify the cbiklren 
 of the township as to secure to all, as far as practicable, an equitable 
 participation in the advantages thereof; and the board shall desig- 
 nate the sub-districts by numbering them, and schools of a higher 
 grade than primary shall be known by the appellation of central or 
 high schools 
 
 Sec. 21. Whenever, in the opinion of the board of education, it 
 shall become necessary or de-irable to provide one or more such 
 central or high schools in their respective townships, the said board 
 shall estimate the probable cost thereof, and call a special meeting 
 of the qualified voters of the township, and who are not residents of 
 any of the territory or districts named in the first section of this act, 
 over which the jurisdiction of the township and local directors is 
 excluded, at the usual place of holding elections, first giving twenty 
 days' notice of the time and object of holding such meeting, by post- 
 ing the same in some public place in each of the several sub-dis- 
 tricts of the township, in which notice the amount or rate of tax, as 
 estimated by the board, shall be stated, and the electors, when con- 
 vened in pursuance of such notice, shall decide by vote any ques- 
 tions which may be deemed important in relation to the cost and 
 loca'ion of the building or buildings-, or other provisions necessary 
 for the establishment of any such school, and also the amount of 
 township tax which may be levied for the purpose ; and the chair- 
 man and clerk of the board shall be chairman and ch rk of the 
 meeting, and the clerk shall record in the records of the board the 
 action of the meeting, and the board shall be governed by the direc- 
 tion and vote of said meeting in relation to the subjects or matters 
 so submitted. 
 
 Establishment 
 of, and classifi- 
 cation of chil- 
 dren in. 
 
 Vote to be ta- 
 ken in estab- 
 lishing such 
 schools. 
 
 Tvrenty days' 
 notice to be 
 given. 
 
 Officers of 
 
 mtelinsr. 
 
 ANNUAL ESTIMATES TO BE CERTIFIED BY THE BOARD. 
 
 Sec. 22. *f It shall be the duty of the board of education of any 
 
 * As amended April 17, 1857. 
 
 jThe tax bill passtd April, 1862, limits the levies for purpcses mentioned in 
 this teciion to two and three-fourths mills.
 
 12 
 
 Auditor to 08- 
 Bes8 the esti- 
 mates on the 
 taxable prop- 
 erty of town- 
 ehip. 
 
 Funds to be 
 paid to towu- 
 &hip treasurer. 
 His per cent- 
 age 
 
 When tax to 
 be assessed on 
 property in 
 fiubdistrict to 
 purchase sites 
 and school- 
 houjes. 
 
 organized township of the state, annually to determine, by estimate, 
 as nearly as practicable, the entire amount of money necess iry to 
 be expended in the township for purchasing school-house sites, for 
 erecting, furnishing and repairing school- houses, for providing fuel, 
 and for any other school purpose other than the payment of tench- 
 ers, not exceeding two mills on the dollar of the taxable property 
 of the township: Proviiled, that if, in the opinion of the township 
 board, a greater tax shall be necessary for said purposes during any 
 ye ir, the board shall call a special meeting of the qualified voters of 
 the school district ov< r which they have jurisdiction, which meeting 
 shall be called and held in the manner prescribed in the preceding 
 section, and shall decide by vote the question waether sucb greater 
 tax or any other greater tax for said purpose than two mil s on the 
 doll ir shall be raised. It shall also be the duty of the board to esti- 
 mate such additional amount as they may think necessary, not 
 exct^eding two mills on the dollar of the taxable property of the 
 township, for the exclusive purpose of sustaining teachers in the 
 central or high schools, or for the purpose of prolonging, after the 
 state funds have been exhausted, the terms of the several subdis- 
 tricts or primary schools in the township, or for both purposes, as 
 the board may adjudge best ; these several amounts of money, so 
 estimated or decided upon, the board shall make known by certifi- 
 cate in writing, on or before the first Monday in June in such year, 
 including any tax whi;h may have been voted by a special meeting 
 of electors, as provided in the precding section, to the auditor of the 
 proper county, who shall thereupon assess the entire anaount of such 
 estimates on all the taxable property of the township not included 
 in any city or incorporated village, or territory annexed thereto 
 forming any special district, to be entered by said auditor on the tax 
 duplicate of the county, and collectei by the county treasurer at the 
 same time and m the same manner as state and county taxes are 
 collected ; and when collected, shall be paid over to the treasurer 
 of the proper township, on the order of the coun'y auditor ; and 
 said county treasurer shall bs entitled to receive for collections one 
 per cent, on all moneys by him collected for school purposes, and 
 no more. 
 
 Sic. 23 * The township board of education shall have power, 
 when, in their opinion, justice and equity require it, to estiuate sep- 
 arately the cost of purchasing a school-house site, and erecting or 
 repairing a school house thereon, in any particular sub-district of 
 the township wherein the inhabitants have not heretolore borne a 
 reasonable share of the burden of taxation for such purpose in com- 
 parison with other sub-distiicts in the township, and certify such 
 portion as they may deem just and equitable of the amount of such 
 estimate, to the county auaitor of the proper county, together with 
 a map of the lands and names of the tax payers in any such sub- 
 district ; which amount, so certified, shall be assessed by the audi- 
 tor on the property therein subject to taxation, and placed on the 
 county duplicate specially, and be collected and paid over in the 
 same manner as other school taxes, and be applied lor the specific 
 purpose of providing a schco'-house in such sub district : Provided, 
 that such lax shall not be levied in any sub district wherein the 
 
 » As amended April 12, 1858.
 
 13 
 
 same has been heretofore levied, nor in any case shall it be apsepsed 
 more than once in the same sub district : And further provide d, 
 that such tax >«hall not be a-sessed in any sub district which may be 
 hereafter cr* ated, unless the said sub-district bliali be connposed in 
 ■who'e of territory upon which such tax has not heretofore been 
 levied.* 
 
 DISBURSEMENT OF SCHOOL FUNDS. 
 
 Sec. 24 f All school funds which may come into the hands of Funds to be 
 
 the township treasurer, from whatever source, shall be paid out p«i<i out on 
 
 only on llie order of the clerk of the board of education, under the order of clerk. 
 ,. •' . e , . 1 . • • . 1 /• .. • except teach- 
 
 direciion of the board ; except, m paymg teachers for their services, ^^^ 
 
 the snid clerk may, on such teachers presenting their certificates of 
 qualification, and depositing with the clerk true copies thereof, draw How teachers 
 the requi-ite orders on the treasurer for such amount as may have paid. 
 been certified to be due by any two of the local directors of the pro- 
 per sub district in which the teacher was employed ; and so much 
 of the school moneys coming into the hands of the treasurer as may Disbursement 
 be derived from the state tax, or from any township tax levied for of funds, 
 the continuation of schools after the state fund has been exhausted, 
 or from such school funds as arise from the sale or rtnts of section 
 sixteen, or other school lands, shall be applicable only to the pay- 
 ment of teachers in the proper township and shall be drawn for no 
 other purpose whatever ; and all school funds made applicable to 
 the payment of teachers only, shall be distributed to the several sub- 
 districts, and fractional parts thereof, in the township, in proportion 
 to the enumeration of scholars, with the exception of so much of 
 the township tax as may have been levied and reserved by the board 
 for sustaining teachers in the central or high schools, and wiih the 
 further exception of so much of said township tax as may be neces- 
 sary for prolonging the schools the required length of time in those 
 subdii trinis which contain comp iratively a small number of resi- 
 dent youth of school age, and winch, owing to spars^-ness of popu- 
 lation, or other unavoidable obstacles, cannot be enlarged without 
 serious inconvenience to the inhabitants ; and such school funds as 
 arise from the sale or rents of section sixteen, or other lands in lieu 
 thereof, shall be distributed to the locaiiiies to which such funds be- 
 long. All other school funds of the township not raised for the cen- 
 tral or high schools nor made applicable to the payment of teachers 
 
 * An act explanatory of an act entitled "an act to amend section twenty- 
 three of an act entitled 'an act to provide for thi orgnnizati^n, suHrvieion atjd 
 maiDtenaiiceot common schools,' passed March i ' , IbS.'J," passed Murcii I'i. 1851) 
 
 ShCnoN I Re if enacted hij the General Assunhhj of the State of 0^w, Tliat the Levj- of sub- 
 provisions of th'-! act entitled " an ac . t". amend i-ection twenty-lliiee oi an act district tax to 
 entitled ' an aoi to (irovide for the organization, superviiun auci njainlcnanrc- of complete, Ac, 
 common schooli,' parsed March 11, 1H5,'J." fassej April 12, 1^58, shall be so school-house, 
 construed as to authorize the levy of a tax upon any subdistricl for the purpose 
 of '•ompleting the ereitidU or repair of any sch ol house in such sub district 
 which was in pn cees of erection or repair at the time said act, passed April 12, 
 1858, took efl'ect, or for paying debts incurred then for. 
 
 W1LLT\M B WOODS, 
 Speaker of the H luse of R'presrntatives. 
 MAR UN WKLlvKit, 
 
 April 6, 859. President of the Senate. 
 
 t As amended April 17, 1857.
 
 14 
 
 To provide for 
 s^i-i nionths' 
 school in each 
 sub-district. 
 
 aforesaid, shall be applied, under the direction of the board, in pro- 
 curing school-house sites, building, furnishing and repairing school- 
 houses, providing fuel, and in making such other provisions for 
 schools in the sub-districts of the proper township, as may in the 
 opinion of the board be necessary ; and the board of education of 
 each township, city, or village, shall make the necessary provisions 
 for continuing the schools in operation in their respective townships, 
 or separate school districts, for at least six months in each year. 
 
 Duties of 
 clerk, &c. 
 
 DIVISION OF DUTIES, AND LIABILITY OF CLERK. 
 
 Sec. 25. The clerk of the board of education, or any one or more 
 of the board designated for that purpose, or the acting mana;^er of 
 schools of the township, may do and perform all such duties and 
 services connected with the interests of schools, as the board may 
 direct, and report the same to the board for their action and appro- 
 val ; and it shall be the duty of the clerk of the board to keep a full 
 record thereof, in connection with the records of the other ofiScial 
 proceedings of the board ; and, in case of failure to keep such re- 
 cord, or other records required by this act, the clerk of the board 
 shall be liable in a civil action for all loss or damages that may en- 
 sue to any person or persons, or to the school district, in the name 
 of such person or persons, or board of school directors, as the case 
 may be, and shall, moreover, be liable, on complaint filed in the 
 name of the state of Ohio, before any justice of the peace, or other 
 court having jurisdiction, to a fine, not exceding one hundred dol- 
 lars, which, when collected, shall be paid over to the treasurer of 
 the proper township, for the benefit of schools. 
 
 SETTLEMENT WITH TREASURER. 
 
 Board to Settle Sec. 26. It shall be the duty of the board of education to make 
 with township settlement with the township treasurer at their regular session in 
 treasurer. April, annually ; but if, for want of time, or other reason, a settle- 
 
 ment can not be made at said session, then it shall be the duty of 
 the board to appoint a committee composed of one or more of their 
 own members, to make such &ettlement as soon as practicable, and 
 report the result to the clerk of the board, who shall record an ab- 
 stract thereof in the records of the board. 
 
 Dutifs of 
 town-hip 
 treasurer ; to 
 give bond ; its 
 condition, etc. 
 
 When town- 
 ship clerks to 
 prosecute 
 
 TREASURER, AND IIIS DUTIES. 
 
 Sec. 27. The township treasurer, in each township, shall be the 
 treasurer of all school funds for school purposes, belonging to the 
 township, arising from whatever sources; and on his election, and 
 before entering upon the duties of his office, he shall give bond, with 
 sufficient security, in double the probable amount of money that 
 shall come into his hands, payable to the state of Ohio, to be ap- 
 proved by the trustees of the township, conditioned for the faithful 
 disbursement, according to law, of all such funds as shall from time 
 to time come into his hands, and, oa the forfeiture of such bond, it 
 shall be the duty of the township clerk to prosecute and collect the 
 same for the use of the schools m the township ; if such township 
 clerk shall neglect or refuse to so prosecute, then any freeholder 
 may cause such prosecution to be instituted.
 
 15 
 
 Sec. 28. Before the county auditor shall issue to the township 
 treasurer any order on the county treasurer for the payment of any Certificate to 
 school funds belonmnor to the township, such township treasurer ^^ turnished 
 shall furnish the auditor with a certificate from the township clerk, 
 that such treasurer has executed and filed with him a bond, as pro- 
 vided for in the foregoing section, and also stating the amount of 
 said bond; and the auditor shall in no case permit the township 
 treasurer to have in his hands, at any one time, an amount of school 
 funds over one-half the amount of the penalty in such bond ; and ihe 
 township trustees shall allow the township treasurer a compensation 
 equal to one per cent, on all school funds disbursed by him, to be 
 paid on the order of the trustees, out of the township treasury. 
 
 Seo. 29. The township treasurer shall, annually, between the first settlement of 
 and 20th of February, settle with the county auditor, and account to auditor and 
 him for all moneys received, fiom whom and on what account, and tieaaurer. 
 the amount paid out for school purposes in his township ; the auditor 
 shall examine the vouchers for such payments, and, if satisfied with '^"'iitor'a cer- 
 the correctness thereof, shall certify the same, which certificate shall 
 hQ prima facie a discharge of such treasurer; and at the expiration Treasurer to 
 of his term of service, said treasurer shall deliver over to his sue- deliver over 
 cessor in office all books and papers, with all moneys, or other prop- books, papers, 
 erty, in his hands, belonging to said township, or the schools therein, ^t«. 
 and also all orders he may have redeemed since his last annual 
 settlement with the county auditor, and take the receipt of his sue- Treasurer's re- 
 cessor therefor, which he shall deposit with the township clerk within ^^^ ' 
 ten days thereafter; and for making such annual settlement be shall 
 be entitled to receive the sum of one dollar, to be paid out of the 
 county treasury, on the order of the county auditor. 
 
 Sec. 30. In case the townsnip treasurer shall fail to make such Penalty 
 annual settlement within the time as prescribed in the preceding ghfp°t^reasui-e'r. 
 section, he shall be liable to pay a fine of fifty dollars, to be recov- 
 ered in a civil action in the name of the state of Ohio, and, when 
 collected, to be applied to the use of common schools in the proper 
 township ; and it is hereby made the duty of the county auditor to 
 proceed forthwith, in case of such failure, by suit, against such trea- 
 surer, before any justice of the peace of his county, to recover the 
 penalty aforesaid ; but when it shall appear, on trial, to the satisfac- 
 tion of said justice, that said treasurer was prevented from making 
 such settlement within the time prescribed, by sickness, or unavoid- 
 able absence from home, and that such settlement has since been 
 actually made, it, shall ba lawful for the justice to discharge such 
 treasurer, on the payment of costs. 
 
 SCHOOLS FOR COLORED CHILDREN. 
 
 Seo. 31. The township boards of education in this state, in their 
 respective townships, and the several other boards of education, and 
 the trustees, visitors and directors of schools, or other officers having '-c'loojs ur 
 authority in the premises, of each city or incorporated village, shall ^^^^_ 
 be and they are hereby authorized and rec[,uired to establish, within 
 their respective jurisdictions, one or more separate schools for colored 
 children, when the whole number, by enumeration, exceeds thirty, 
 so as to afford them, as far as practicable under all the circumstances, 
 the advantages and privileges of a common schrol education ; and 
 all such schools so established for colored children shall be under
 
 16 
 
 the control and management of the board of education, or other 
 school officers who have in charge the educational interests of ihe 
 other schoo's ; but in case the average number of colored children 
 in altendaiice shall be less than fifteen for any one month, it shall 
 be the duty of said board of education, or other school officers, to 
 discontinue said school or schools tor any period not exceeding six 
 momhs at any one time; and if the number of colored children shall 
 be less than fifteen, the directors shall reserve the money raised on 
 the number of said colored children, and the money so reserved 
 shall be appropriated for the education of such colored children, 
 under the direction of the township board. 
 
 CITIES AND VILLAGES. 
 
 "What cities 
 and villages 
 are school dis- 
 tricts. 
 
 Sec. 32. Each city or incorporated village, including the terri- 
 tory annexed to the same for school purposes, not otherwise specially 
 regulated by charter, or governed as to schools by Uws as specified 
 in the sixty-seventh section of this act, and which, with the territory 
 annexed, contains not less than three hundred inhabitants, sh^ll be, 
 and hereby is created a separate school district ; and the qua ified 
 voters of such city or village, with the territory annexed, shall, at 
 the same time, and in the same manner, that local directors of the 
 sub-districts of the township are elected by the provisions of this act, 
 proceed to elect three persons, who shall constitute a board of ed- 
 ucation for such city or village, with the territory so annexed, and 
 such board shall have the same powers, perform the same duties, 
 and be suhjVct to the same penalties as towuship boards of ed ica'ion : 
 Provided, that by agreement between the board of educuion of the 
 township m which such city or village, with the territory annexed, 
 may be situated, and the board of education of such city or village, 
 ^ transfers of territory not within the limits of such corpjruion, may 
 be made to or from the districts provided for in this section. 
 Power of ^EC 33 That said board of education, in any city or incorpo- 
 
 board in cities rated village, shall be authorized, when they think it advisable, to 
 and towns. divide such city or village into sub-districts ; and they may estab- 
 lish schools of different grades, and ordaio such rules and regula- 
 tions lor the government and discipline of such schools as they may 
 think conducive to the public good ; and it shall be lawful for the 
 townsiiip board of education, in any township in which such city or 
 incorporated village is situate, by and with the consent of the board 
 ofeducHtiou ol any such city or incorporated village, to transfer 
 thereto for educational purposes the scholars of such parts of their 
 respect've townships as lie adjacent thereto, and all such transfers 
 sliall be controlled, and such schools supported in the same manner, 
 and on the same principles, as in case of like transfers for the con- 
 ver/ietice of schools where two or more townships adjoin, as provi- 
 ded in this act. 
 
 Sec. 34.* That it is hereby made the duty of said board of edu- 
 cation of such city or incorporated village, at their fir^t annual 
 meeting, to elect, from their own number, a clerk or recorder, and 
 the person receivmg a majority of all the votes cast shall be declared 
 elected for one year thtreirom, or during the pleasure of said board, 
 and he shall do and perform all the duties required of the clerk of a 
 
 Clerk of the 
 board — his 
 dmite. 
 
 * As amended.
 
 17 
 
 township board of education, and such other duties as the board of 
 education may, from time t > time, prescribe ; and all orders of the 
 board of education for the payment of money shall be countersigned 
 by the clerk or recorder of said board and it shall be the duty of 
 the treasurer of such city or incorporated village, to receive and 
 disburse the school funds of such ci'y or village, in the same man- 
 ner as is required of the township treasurers in their respective town- 
 sh'ps, and for his services shall be entitled to the same corapensa'ion : 
 Provided, that the board of education sha'l require the treasurer to 
 enter into a bond, as required of township treasurers, and that the 
 said treasurer sh^U furnish the auditor a certificate from the ci( rk 
 or recorder of such city or incorporated vi^la^^e, that such treasurer 
 has executed and deposited such bond, stating also the amount, as 
 is required of township treasurers in similar cases 
 
 Seo 35 The bo^ird of education of any citv or incorporated 
 village, shall have, and may exercise all the powers which are by 
 this act conferred upon the township boards of education, and shall 
 do and perform the like duties, in all respects, so far as applicable, 
 and the school funds shall be divided among the sub districts, so as 
 to make the distribution as nearly equitable as possible All taxes 
 for building, purchasing, repairing, or furnishing school-houses and 
 lots, shall be equally assessed on all the property subject to taxa- 
 tion in such city or incorporated village, and the board of education, 
 in expending the same, shall make the necessary provisions for the 
 sub-districts. 
 
 Seo 36 In any district or sub district, composed, in whole or in 
 part, of any city or incorporated village, the board of education may, 
 at their discretion, provide a suitable number of evening s -hools, 
 for the instruction of such youth over twelve years of age as are pre- 
 vented, by their daily avocation, from attending day schools, subject 
 to such regulations as said beard, from time to time, may adopt for 
 the government thereof. 
 
 Duty of treas- 
 urer of city or 
 town. 
 
 To give bond. 
 
 Clerk or re- 
 corder's re- 
 ceipt. 
 
 Further pow- 
 ers of the 
 board. 
 
 Evening 
 schoolB. 
 
 APPORTIONMENT OF SCHOOL FUNDS. 
 
 Sec. 37. The auditor of state shall, annually, apportion the com- 
 mon school funds among the different counties, upon the enumera- 
 tion and returns made to him by the st-ite commissioner of common 
 schools, and certify the amount so apportioned to the county auditor 
 of each county, stating from what sources the same is derived, which 
 said ^um the several county treasurers shall retain in their respect- 
 ive treasuries from the state funds; and the cjuniy auditors shall, 
 annually, and immediately after their annufil settlement with the 
 county treasurer, apportion the school funds for their respective 
 counties, according to the enumeration and returns in their resp ctive 
 ofiSces ; and no township, or other district, city, or villngf^. which 
 shall have failed to make and return such enumeration, shall bi- en- 
 tilled to receive any portion of the common school funds. And, in 
 making such distribution, each county auditor shall apportion all 
 moneys collected on the tax duplicate of any township, for the use 
 of schools, to such township ; all moneys received from the state 
 treasury, on account ot interest, on the money accruing from ihe sale 
 of section sixteen, or other lands in lieu thereof, to the civil town- 
 ships and parts ol civil townships in the original surveyed town-hip, 
 or fracti nal township, to which such land belongs ; all moneys 
 
 Stat* auditor 
 to apportion 
 funds and cer 
 tify apportion- 
 ment. 
 
 County audi- 
 
 tiip lo make 
 apportiunment 
 in I ounty, ai^d 
 how.
 
 18 
 
 received by thp. county treasurer, on account of the Virginia Military 
 school fund. United States Mi'itar> Di trict, and Cnnnecticut Western 
 Reseive. Hccording to laws leguUt ing iht same; and ail oiher 
 moneys for the use of schools in the coun'y, ant not otherwise 
 appropriated by law, to the proper township ; and he shall, itnme- 
 diaiely after making said apportionmetir, enter the saQa^' into a hunk, 
 to be kept for that purpose, and sha 1 furtiish ihf^ town hip treasurers 
 and township clerks, treasurers and recor lers of incorpirated cities 
 or villager, as the cnse may be, each with a copy ot satd apportion- 
 ment, and give an order on the i ounty treasure' to each inwnsliip 
 treasurer, or to such treasurer as may be entitled to receive the 
 same, for 'he amount of money belonging to his lespective township, 
 city, or village, and take a receipt from such treasurer for the atnouat 
 thus reci ived ; and the said county audit r shall collect, or cau^e to 
 be collected, the tines and all other moneys for school purpo es, in 
 his county, and pay thf same over to ihe county treasu'er; and he 
 shall inspect all accouns o' in'erest for section sixteen, or other 
 school lands, whether the inter- st is paid by the state or by the 
 debtors, and take all the prop r measures to secure to each town- 
 ship its full amount of echo A funds. 
 Where part of Sec. 38 When any original s-urveyed township in which section 
 ff^-*^'""..!!^^^^" sixteen has been sold, snali li in two or more counties, the auditors 
 of the respective counties shall certify to the auditor of the cuiity 
 in which that portion of s-iid townsliip lies containing s-iid section 
 sixteen, the enumeration of the scholars in that part of said township 
 embraced within their respective counties ; and the auduor ot said 
 county in which said stction sixteen is ^ituate sh dl apportion the 
 fund derived fiom sai 1 sec ion sixteen to the different portions of 
 said township, accordiig to s^id enumeration, and shall certify to 
 the auditors of the other counti. s the amount belonging to the parts 
 of said township situate in their re-peciive counties, and draw an 
 order in favor ot the treasurers of the other countit s on the treasurer 
 of his own county lor the amount g >ing to each ; and the aulitois 
 of the respective counties shall apportion the same, in their respective 
 counties, to such portions* or parts thereof ai may be entitled ttieieto. 
 Sec ?j9. ihe interest on the purchase of any such section sixteen 
 belonging to any such original surveyed town hip so as a'oresaid 
 lyini4 in two or more counlien, shall be paid over on the order of the 
 au liior of that county in which such section sixteen is embraced, to 
 the treasurer of the same county, to be apportioned as is puini-ed out 
 in the preceding section. 
 
 lies in two 
 counties. 
 
 Interest on 
 •Bectioa. 
 
 Dnty of county 
 auditor as to 
 returns to state 
 comoiissioner. 
 
 RETURN OF ABSTRACT TO STATE COMMISSIONER. 
 
 Sec. 40.* The auditor of each and every county shall, on or 
 before the fifth day of November, annually, make out ami transmit 
 to ttie commissioner of common ^chools, at Culumt>us, an abstract 
 of all the returns of school s'atisiKS made to him from the several 
 townships in his county, accoiding to the form that may be prescribed 
 by the state commissioner ; and lie shall cause to be distributed all 
 such circulars, blanks and other pap rs, iucludin^ s diool laws and 
 documents, in the seveial townships in the county, as said commis- 
 siouer bhall lawJully requir-- ; in case the county auditor shad fail, 
 
 * As amunded April 17, J 867.
 
 19 
 
 from any ca'ise, to make returo of the abstract as aforesaid, it shall 
 be the daty of the C)ua'y comnaissioners to d'-duct for every suc'i 
 failure, froin the annual saUrv or allowance made to the auditor for 
 his services, the sun of fifty dollars. 
 
 Sec 41. The count? conamissioners of each county in this state 
 shall an.ke the same allowance to the county auditors, out of tht ir 
 respective county treasuries, for services performed and expenses 
 incurred under this act, as 'n allowed for other services o\ like nature. 
 
 Sec. 42 The township clerks and county au litors shall be re- 
 sponsible for all losses sustained by any township or county, by 
 reason of aTV failure on their respective parts to make and return 
 the enumerations and abstracts thereof as herein provided, and sh til 
 each be liable for the same, in a civil action, at the suit of the state 
 of lit) ; and the am )uats so recovered shall be apportioned, in she 
 same manner as the school funds would have been, to the respective 
 counties or townships, as the case may be. 
 
 SCH)OL HOUSES EXEMPP FROM SALE ON EXECUTION. 
 
 Seo. 43 E ich and every lot or parcel of land which heretofore 
 has been, or hereafter shall be, appropriated for the use of common 
 schools in this state, on which there has been or shall be a school- 
 house erected, and which has been or shall be occupied (or the pur- 
 pose of accommoiaiing a common school, of whatever grade, in the 
 usual manner, from time to time, howsoever or by whomsoever the 
 legal tide to the same may be held and vested, shall be and the 
 same is hereby exemped from sale, on any execution, or other writ, 
 or order in the nature of an execution : Provided, that the lot of land 
 so exempted sliall not ex ;eed four acres, and if there be any excels, 
 that portion m )st convenient for school purposes shall remain exempt 
 as atoresaid, to be de'ermined by the proper school directors, or 
 other officers having charge of schools. 
 
 APPOINTMENT OF SCHOOL EXAMINERS, AND THEIR DUTIES. 
 
 Sec 4K It shall be the duty of the probate judge, in the sev- 
 eral counties of this sttte. as soon after the election of school officers 
 under thw provisions of this act as practicable, to appoint a county 
 board of school examiners, to consist of three competent persons, 
 resident in the county, who shall hold their office for the term of 
 two years, and u til their successors are appointed ; and all vacan- 
 cies in said board which may thereafter occur, whether Irom expira- 
 tion of the term of office, refusal to serve, or otherwise, shall be filled 
 by like appointment by said judge. 
 
 Sec. 46. It sha 1 be the duty of the examiners to fix upon the 
 time of lioldir)g meetin^/s for the examination of teachers, in such 
 places in their respective counties as will, in their opinion, best 
 accommodate the greatest number of candidates for examination ; 
 notice of al such meetings havin* been published in some newspa- 
 per of general circulation in their respective counties ; and at such 
 meetings any two of said board shall be competent to examine ap- 
 plicants and grant cenifii'-ates ; but no ft^e or charg'^ shall be male 
 for a certitioaie. No c -nificate of qualification shall be va'id in any 
 county eX'.ept that in which the examination look place, nor (or a 
 longer period than two y-ars, and if at any time the re ipient of the 
 cerliticaie shall be found incompetent or negligent, the examiners, 
 or any two of them, may revoke the same, and require such teachers 
 
 Penalty ' 
 agaiiiBt county 
 auditor. 
 
 Compenaatioa 
 lo cjunty aud- 
 itor. 
 
 Liability of 
 the clerk and 
 county auditor 
 for loaa . 
 
 What echooi 
 property ex- 
 empt from ex- 
 ecution. 
 
 Probate judg« 
 to appoint 
 board of ex- 
 aminers. 
 
 Powers and 
 duties of 
 board . 
 
 Notice of 
 meetings. 
 
 To grant cer- 
 titi •ates to 
 teachers. 
 
 May revoke 
 the same.
 
 20 
 
 Clerk of board. 
 
 Rules of 
 board ; their 
 fees. 
 
 Stationery. 
 
 When com- 
 
 miBsioner 
 
 elected. 
 
 Term of office. 
 
 Vorcancy, how 
 filled. 
 
 Hie official 
 bond 
 
 and oatk. 
 
 Office, etc., at 
 seat of gov- 
 ernment. 
 
 Hia secretary. 
 
 to be dismissed ; but such teachers shall be entitled to receive pay- 
 ment for services only up to the time of such oismisf^al ; and no 
 person shall be emplojed as a teacher in any primary common 
 school, unless such person shall have first obtained frcm said ex- 
 aminers, or any two of tliem, a certificate of ^ood moral character, 
 and that he or she is qualified to teach orthography reading, writing, 
 arithmetic, geography, and English grammar ; and in case such 
 person intends to teach in any common school of higher grude, he 
 or she shall first obtain a certificate of the requisite qualifications 
 in addition to the branches aforesaid. 
 
 Sec. 46. The said board of examiners shall appoint one of their 
 number to serve as clerk, who shall keep a record of their proceed- 
 ings, noting the number and date of each Cf rtificaie gi^en, to whom, 
 for what term of time, and for what branches of studies; and the 
 said board may make h11 needful rules and regulations for the proper 
 discharge of their duties The members of ihe b^^ard shall be enti- 
 tled to receive each one dollar and fifty cents for every day necessa- 
 rily « ngaged in official service, to be paid out of the county treasury, 
 on the order of the county auditor, exclusive of blank books and 
 stationery, which the county auditor shall furnish ; and the county 
 auditor may require ihe accounts, when presented, to be substantiated 
 on oath, which said officer may administer and file in his office. 
 
 STATE COMMISSIONER. 
 
 Sec. 47. There shall be elected by the qualified electors of this 
 state, at the next annual election for state and county officers, and 
 every three years thereafter, a state commissioner of common 
 schools, who shall hold his office for ihe term of three years, and 
 until his successor is ehcted and qualified The election ^f said 
 commissioner, and the returns thereof, shall be the same, in all re- 
 spects, as is provided for the election of judges of the supreme 
 court ; and in case a vacancy shall happen in said officf^ by death, 
 resignation, or otherwise, the governor shall fill the same by ap- 
 poiutment, for the unexpired term. 
 
 Sec. 48. Before enter. ng upon the discharge of his official du- 
 ties, the said commissioner shall giv'e bond, in the penal sum of ten 
 thousand dollars, to the state of Ohio, with two or more sureties, to 
 the acceptance of the secretary of state, conditioned that he will 
 truly account for and apply all moneys, or other property, which 
 may come into his hands in his official capacity, for the use and 
 benefit ot common schools, and that he wiil friihfully perform the 
 duties enjoined upon him according to law ; and he .'■hhll also take 
 and subscribe an oath or affirmation to support the constitution of 
 the United States and of the state of Ohio, and diliget.tly aud faith- 
 fully to discharge the duties of his office, as prescribed by law, 
 which bond, with the certificate of his oath indorsed thereon, shall 
 he tiled with the treasurer of state. 
 
 Sec 49.* The books and papers of his depar'ment shall be 1 ept 
 at the seat of government, where a suitable office shall be furnished 
 by the state, at which he shall give attendance when not absent on 
 public business ; [and the state librarian stiall, in addition to the du- 
 ties of his office, dischar-ge the duties of secreiary to the ctmmis- 
 sioner of common schools, under his direction J 
 
 * The clause eneloaed in brackets, was, in effect, repealed, March 24, 1860.
 
 21 
 
 Seo. 60. It shall be the duty of the conamissioner to spend, an- H'^ duties in 
 
 nual y, on an averacje at least ten days in each ju Jicial district of ^'®'fi°F;, ,/: 
 •' . => •'. I . -i. Beyeraljudi- 
 
 the si-ate, superintending -rnd encouraging teachers institutes, con- cial districba. 
 
 ferring with township boards of education, or other school officers, 
 
 counseling teachers, visiiing schools, and delivering lectures on 
 
 topics c-ilouUted to subs-rve the interests of popular education. 
 
 SkO 61. As soon as the revenues, to be raised as hereinafter And in pur- 
 
 provi'led, for the purposes of furnishing the schools with libraries chasiagf books 
 ^1 -T 7 • •, 1 1, 1 .1 J . f ..1 1 • and appara- 
 
 and apparatus, will admit, it shall be the nuty of the saul comaais- ^^ 
 
 sioner to purchase the same, aad the books and apparatus so pur- 
 chased shall be distributed through the auditor's office of each 
 county to the board of education in each towaship, ciiy, or incor- 
 porat d village, according to the enumeration of scholars. 
 
 Sec. 52 He shall also exercise such supervision over the edu- His supervi- 
 cationil funds of the state as may be necessary to secure their eion over 
 safety, and right application, and distribution according to law. He ^c oo uq 
 shall have power to require of county auditors, township boards of May require 
 
 education, or other loc-il school officers, clerks and treasurers of '^^P^'^''! 1^^°^ 
 . 1 1 1 J J r certain otn- 
 
 towt. ships, county treasurers and clerks, recorders and treasurers ot ^^j^ 
 
 cities and villa^^es, copies of all reports by them required to be 
 
 made, and all such other information in relation to the funds and 
 
 condition of schools, and the management thereof, as he may deem 
 
 important. 
 
 Sec. 63. He shall prescribe suitable forms and regulations for To prepare 
 making all reports and conducting all necessary proceedmgs under forma, etc. 
 this act, and shall cause the same, with such ins ructions as he 
 shall deem necessary and proper for the tirganization and govern- 
 ment of schools, to be tr'in>mitted to the local school officers, who 
 shall be g iver'ied in accordance therewith. 
 
 Sac. 64. He shall cause as many copies of the laws relating to Duties as to 
 schools and teachers' institutes, with an appeodix of appropriate distribution of 
 forms und instructions for carrying into execu ion all such laws, to s*^^**^ *^^- 
 be printed in a separate volume, and distributed to each county 
 with the laws, j lurnals, and other documents for the use of the 
 school officers therein, as often after the first distribution as any 
 change in said laws may be made, of t-ufficient importance, in the 
 opinion of ihe commissioner, to require a republication and distribu- 
 tion thereof. 
 
 ANNUAL REPORT. 
 
 Sec. 65 It shall be the duty of said commissioner of common His annual 
 schoeils to make an annual report, on or before the twen'.ielh day of report. 
 November, in each and every year,* to the general assembly, wtien 
 the body shall be in session any such year ; and when not in ses- 
 sion in any one year, then the report shall be made to the governor, 
 who shall cause the same to be published, and shall also communi- 
 cate a C"py thereof to the next gener^il assembly. 
 
 bEC 66. The state commissioner, in t'le annual report of his What it shall 
 labors and observations, shall present a statement of the condition present, 
 anil amount of all lunds ^nd property appropriated to purposes of 
 education ; a statement of the num^ier O' common sctioo s in the 
 stale, ilie number of scholars attending such schools, their sex, and 
 the branches taught ; a statement of the number of priv-ite or 
 
 » As amended April 8, 1856.
 
 22 
 
 Salary of ooni' 
 miseioner. 
 
 sflfct schools in the state, so far as the same can be ascertained, 
 and the number of scholars attending s-uch s-chotls, their n-x, and 
 the branches taught; a statement of ihe number of teachers' insti- 
 tutes, and the number of teachers attendii g thtm ; a statement of 
 the estimates and accounts of the expenditures of the public school 
 funds of every desciiption ; a statement of plans for the management 
 and improvement ot common schools, aiid such other information 
 relative to the educational interests of the state as he may think of 
 importance. 
 
 Sec. 67. The said commissioner shall be (ntitled to receive for 
 his services the sum ol fifteen hundred dollars annually, payable 
 quarterly, out of the state treasury, on the warrant ol the audiiOr of 
 state. 
 
 One-tenth of a 
 mill to be as- 
 aeased for 
 libraries. 
 
 Which is to be 
 paid to state 
 treasurer. 
 
 Distribntion 
 of books and 
 apparatus. 
 
 SCHOOL LIBRARIES. 
 
 Sec. 58 * For the purpose of furni>hing school libraries and 
 apparatus, to all the common schools in the siain, and for the fur- 
 ther purpose of sustaining and increasing such libraries, and keep- 
 ing up a supply of school apparatus in the schools, as aforesaid, 
 from time to time, as may be considered necessary, in order to 
 afioid equal facilities to the said schools in this respect, as nearly as 
 prHCiicable, there shall hereafter be asses>ed, collected and paid an- 
 nually, in the same manner as the state and county revenues are 
 assessed, collected and paid on the gtand list ot proj.eity taxable 
 for st«te purposes, a state tax of one tenth of one mill on the dollar 
 valuation, to be applied exclusively for the purpobes aforesaid, and 
 the attendant expenses, under the direction ot the commis iuner of 
 common schools In purchasing the libraiies for the common 
 schools, no bouks of sectarian or denominational character shall be 
 purchased lor said libraries. 
 
 Sec 59 The amount of said tax, when col'ected, shall be paid 
 over by the county treasurers to the state treasurer, at the time of 
 making their annual settlement, and shall be paid out by that oflS- 
 cer for the purposes aforesaid, upon the warrant of the state audi- 
 tor. 
 
 Sec 60. It shall be the duty of the county auditor, when the 
 said libraries or apparatus shall be received, to disiribute the same 
 to the clerks of the township boards of education, or other local 
 school ofiicers, in their respective countifS, having in charge the in- 
 terests ot common schools ; and the books and apparatus so furn- 
 islied, shall be deemed the property of said several boards, or local 
 6ch"ol officers, to whom the same may have been delivered, and 
 shall not be subject to execution, sale or alienation, for any cause 
 whatever. 
 
 » An act to repeal the pchool librnry lax 
 
 Skction 1. Be it mactid by the General Assembly of the State of Ohio That 
 the fiitj-tighth section ot the act of May 4. Ib53. to provide fer the leorganiza- 
 tiou, Buprrvition aud ruainterauce ot ctimnion >cho()ie, eo tar a* it re]at^8 lo the 
 aesessii tut ot tuxts tl r the pur|>08e ot luruishir g and increasing school libraries 
 and apparatus, bt- and ttie same is hereby repealed. 
 Seo. 2. This act shall lake effect on its puspnge 
 
 KhiHARD 0. PARSONS, 
 Speaker of the H»use of RfprtsentutiveB. 
 li0.jEK I C KIRK. 
 
 Presideni of the Senatt, 
 March 10, 1860.
 
 23 
 
 Sec 61. The local boards of education, or other school oflficers 
 having charge of common scho' Is, shall be held accountable for the 
 prestrv^iion of said libraries and apparatus ; and they shall have 
 power to prnsctibe the time of taking an* the periods ot returning 
 the books belonging to the libraries, and also to assess and collect 
 tlie damagt-s which may he done to the books by per.-ons entitled to 
 their use ; and also to provide for the Srife k eping of the school ap- 
 paratus. 
 
 Sic 62. It .«hall be the duty of the local sch'ol boards, or other 
 
 school officers having cliarge of schools, to appoint the librarians 
 and determine the pUces where the libraries shall be deposited, se- 
 lecting sucb central points as will best accommodate the schools and 
 families ot the districts or sub-di-tricts, as hereinafter provided ; 
 and every family iu each dis net or sub distuct shall be etitiiled to 
 the use of one volume at a time from the school library, although 
 no meiiiber of su h family a'tends anv of the schools of the town- 
 ship ; and the library shall be opt-n, under the inspec ion of the li- 
 brarian, at stated periods throughout ihe year, to be prescribed by 
 the board of edu'-ation, or other proper school officers, without re- 
 gard to the session^ of the schools. 
 
 Who aceountr 
 able for eamu. 
 
 Who to ap- 
 point libra- 
 rian, ete. 
 
 Families enti- 
 tled to books. 
 
 STATE SCHOOL FOND. 
 
 Sec. 63.* J For the purpose of affording the advantages of a free 
 education to all the youth of this state, tt e state common school fund 
 shall here-ifter consist of such sum as will be produced by the an- 
 nual levy ar;d assessment of one and a halt mill upot: the dollar val- 
 uatu)!!, on the grand list of the taxable property of the stale ; and 
 th-re is hereby levied and as-essed annu lly. in addition to the rev- 
 enue« required lor general purpo es, the said one and a half mill 
 upon the dollar valuati .n, as aforesaid; and the amount so levied 
 and assessed, shall be collected in the same manner as other state 
 taxes, and when collected, shall be annually distributed to the sev- 
 eral counties of the state, in proportion to liie ennmeraiion of schol- 
 ars, and be applied exclusively to th-- support of common schools. 
 
 Sec. 64 f The debts which have heretofore been contracted by 
 any school district for ^chool purposes shall be provided for by the 
 estimate of the proper schoo boards created under the provi^i ns of 
 this act, and aciion may be brought against such bo r s to recover 
 the same When any judgment shall be obtained against any such 
 school boaid, i" shall be ttie duty ot said board to make an estimate 
 for the district or sub district, as said board may deem equitable, of 
 the amount required to satisfy such judgment, with interest and 
 costs Said amount so es imated shall be certified to the county au- 
 ditor, shall be assess- d by him upon the district or sub-distnct, as 
 the case may be, and shall be collected and paid out in the same 
 manner as other school taxes, upon the order of the ch rk of said 
 board upon the township treasurer, to satisfy the judgment afore- 
 said. 
 
 Skc 65. The process, in all suits against any township board of 
 edu<;aiion, or other local oflScers having charge of any of the public 
 schools under the provisions of this act, shall be by summons, and 
 
 One and a holt 
 mills on the 
 dollar to be 
 asees^^ed for 
 school pur- 
 poses, and col- 
 lected and dis- 
 tributed. 
 
 Action there- 
 for. 
 
 Judgment 
 against school 
 board, how to 
 be paid. 
 
 Process 
 against echool 
 officers. 
 
 » As amended May 1, 1651. t L mittd by tax law of 1862, to one and three- 
 tenths mills, 
 t As amended February 18, 1859.
 
 24 
 
 Duty or prose- 
 cuting attor- 
 ney. 
 
 How schools 
 governed 'in- 
 der other laws 
 may accept 
 this act. 
 
 Certain acts 
 not repealed 
 by this act. 
 
 But Buch acta 
 afiected, and 
 how. 
 
 I*cwer of 
 c^ard to hold 
 J^al estate. 
 
 shall be executed by leaving a copy thereof with the clerk or secre- 
 tary ot such board, or otbtr school officers, at least ten days before 
 the return day thereof. And any suit either in favor of cr ag-inst 
 any such board, or other school < fficers, sh^ll be prosecuted or de- 
 fended, as the case roay be, by the prosecuiirg attorney ot the pro- 
 per county, as a part ot his official duties. 
 
 Stc. 66. The local board of education, or other local officers 
 having charge of schools in any city, lovpnfhip or village, in which 
 common .-chools have been organ zed under the act for the belter 
 regulation of public schools in cities, towns, etc., or under an} spe- 
 cial act, shall b , and are hereby authorized, whenever the) may 
 deem It expedient, to call a meeting of the qualified voters of any 
 such city, township or village, on giving thirty days public notice 
 thereof, to retermine by vote whether ihe common schools ot such 
 city, township or village, shall be cotducted and managed in accord- 
 ance uith the provisions of this act ; and il a majoriiy of the voters 
 are fwund to be in lavor of the change, then said local board, or 
 other local school officers, shall thereafter proceed, in accordance 
 with the provisions ot this act, uniil their successors shall be « lected 
 and qualified ; and such city or village may provide by ordinance 
 for ihe election or appointment ot a board of education, presciibing 
 their number and term of t ffice ; and such board, when so elected 
 or appointed ano qualified, shall, together with the clerk or recorder 
 of such city or village, po.'^sess the same powers and discharge the 
 same Ouiies, wiihin the limits ot their jurisdiction, as local directors 
 and boards ot education iu townships. 
 
 (Sec. 67. This act shall not be so cotistrued as to repeal, change, 
 or modify in any respect, the several provisions of the " act tor the 
 support and better regulation ot common schools in the town of 
 Akron," passed February 8, 1847, and the acts amendatory there- 
 to ; or the " act tor the belter regulaiion ol schools in cities, towns, 
 etc.," passed February 21, 1849. and ihe acts amendatory thereto, 
 nor the several acts creating special school districts, or an) other 
 special acts in relation to schools, except that il is hereby made the 
 duly of the several boards of education, or other school officers act- 
 ing under the provis'ions ol any of the acts to which reference has 
 been made in this section, to make similar repiTts of school statis- 
 tics anijually, as required of school officers by ttiis act ; nor shall 
 it be lawlul tor any county treasurer to pay over any portion of the 
 school lund to any local trea^ur r, boaid of education, or other 
 school officer of any city, township, or village, organized as to 
 schools ei'.her under a general or a special law, except on th- order 
 ot the auditor ol the proper count) ; and no such order shall be 
 drawn by the county auditor, unless the local treasurer clerk, re- 
 corder, or secretary ot such boaid, or other school officer, shall 
 first deposit wilh said auditor annually, an abstract of the enumera- 
 tion of scholrtrs and other stati tics relative to the schools under 
 their charge, as required D) ihis act, of teachers, local directors, 
 and boards of educaiiuu in town&hips. 
 
 tSEC. 68 The respective townsnip boards of education, and their 
 successors in office, snail have power to take and hold in trust, for 
 the use and benefit of any central or high school, or bub district 
 school in the township, any grant or devise of land, and an) dona- 
 tion or bequest of money or other personal property, to be applied
 
 25 
 
 by the board to the maintenance and support of any such school or 
 schools, according to the intention of the grant or donation. 
 
 ACTS REPEALED. 
 
 Sec. 69. That "an act for the support and better regulation of Repealing sec- 
 common schools, and to create permanently the office of superintend- tion. 
 ent," passed March seventh, one thousand eight hundred and thirty- 
 eight ; an act to amend an act entitled " an act for the support and 
 bet er regulation of common schools, and to create permanently the 
 office of superintendent," passed Maich sixteenth, one thousand 
 eigi.t hundred and thirty-nine ; an " act to abohsh the office of super- 
 intendent of commoa schools," passed March twenty-third, one 
 thousand eight hundred and forty ; an act to amend the act entitled 
 "an act (or the support and better regulation of common fchoofs, 
 and to create permanently the office of supf rintendent," of March 
 seventh, one thou.-aud eight hundred and thirty-eight, and the act 
 amendatory thereto, passed Match twenty-ninth, one thousand eight 
 hundred and forty one ; an act to amend the act entitled " an act for 
 the support and b iter regulation ol common schools, and to crea'.e 
 permanently the office of s-uperintendent," passed March seventh, 
 one thousand eight hundred and forty-two ; an act further to amend 
 the act entitled "an act for the support and better regulati )n of 
 common schools, and to create permanently the office of superintend- 
 ent," passed March eleventh, one thousand eight hundred and forty- 
 three ; an act to amend the act entitled " an act for the support and 
 better regulation of common schools, and to create permanently the 
 offie of superintendent," passed March twelfth, one thousand eight 
 hundred and forty-four ; an " act to amend the sixth sectif n of an 
 act for the support and better regulation of common schools, and to 
 create permanently the office of superintendent," passed March 
 twelfth, one thousand eight hundred and forty -tive ; an act to amend 
 the act entitled '• an act to amend an act for the support and belter 
 regulation of conomon schools, and to create permanently the office 
 ot superintendent," pas&ed March twelfth, one thousand eight hun- 
 dred and forty-five ; " an act authorizing school directors to establish 
 libraries for the use of common schools," passed February twenty- 
 eighth, one thousand eight hundred and forty-six ; an act to amend 
 an act passed March eleventh, one thousand eight hundred and forty- 
 three, entitled an act further to amend the act entitled " an act for 
 the support and better regulation of common schools, and to create 
 permanently the office of superintendent," passed March second, one 
 thousand eight hundred aud forty - i«ix ; "an act to provide fur the 
 appointment of county superintendents of common schools, and 
 defining their duties in ceriain counties therein named," passed 
 February eighth, one thousand eight hundred and forty seven ; an 
 act further to amend the act entitled " an act to amend an act enti- 
 tled an act fur the support and better regula'ion of common schools, 
 an'f to create permanently the office of superintendent," passed 
 February eighth, one thousand eight hund.ed and forty-seven ; an 
 act to amend an act entitled " an act for the support and better regu- 
 lation of common schools, and to create permanently the office of 
 superintendent," passed March seventh, one thousand eight hundred 
 and thirl} -eight, and the acts amendatory thereto, passed February 
 twenty -fourth, one thousand eight hundred and forty-eight ; " an aci
 
 26 
 
 to secure the returns of the statis'ics of common schools," passed 
 Janunry twenty fir t, one thousand eight hundred and t'ofty-eight ; 
 an act to provide for the establishment of common schools, tur the 
 education ot black and muUfto persons, and to am-nd the act en- 
 tiiled •• an act for the support and beiter regulation of common 
 schools, and to create permanently the office of superimeniient," 
 pas^ed M^rch seventh, one thou and eiglit hundred and thirty-eight ; 
 and the acts amendatory thereto, passed February iwenty-lourih, 
 one thousand ciglit hundred and forty eight ; an act to amend the 
 act entitled '* an act for the support and be'ttr regulation ot common 
 fcchools. and to create permanently the i'ffi(;e ot superintendent,'* 
 p'HSsed March seventh, one thousand eight hundred and thirty-eii^ht, 
 and the acts amendatory thereto, passed February tweniy-fourih, 
 one thousand eight hundred and foityeight; an aci to ameiid the 
 eighteenth sectiun ot the school law oi March seventh, one thousand 
 eight hundred and thirty-eight, passe.j February tourteen h, one 
 tbuu-and eight hundred and fort) -eight; " an act to authorize the 
 es'tabiishdient of sepaiate t-cbooU lor the education ot Ci>lored chil- 
 dren and lor other put poses," passed February tenth, one ihousnnd 
 eight hundred and ton) -nine ; an act to amend the ? ci passed Feb- 
 ruary twenty -fourth, one thousand eight hundred and loiiy-eight, 
 entitled *• an act to amend the act entitled an act for the support 
 and better regulation of common bchools, and to create permanently 
 the office ot superintendent," passed March seventh, one thousand 
 eight hundred and thirty-eigt t, and the acts amendatory thereto, 
 passed March sixth, one thousand eight hundred and forty nine ; 
 an act to amend an act entitled " an act for the support and better 
 regulation of common schools, and to create permanently the office 
 of feupeiintendent," passed March twelftii, one thousand ei^ht hun- 
 dred and forty-nine ; an act to amend an act entitled " an act for 
 the support and better regulation of common scho)ls, and to create 
 permanently the office ot superintendent," passed Vlarch seventh, 
 one thousatid eight hundred and thirty eight, and the acts amenda- 
 tory thereto, pissed Vlarch twenty-fourth, one thousand eight hun- 
 dred and forty-nine ; an act in relation to schoo district tax, provid- 
 ing for the annual sch lol district meetings, and requiring maps of 
 school districts, pas-ed March seventh, one thousand eight hundred 
 and fifty ; an act for the appointment of a state board of public in- 
 struction, passed March twenty-second, one thousand eight buncred 
 and tifiy ; an act supplementary to the ace for the appointment of a 
 state board of publ'c instruction, pass-ed March twentj-thi d, one 
 thousa d ei^ht hundred and fifty; an "act providing for school 
 districts, and school district meetings, prescribing the duties of dis- 
 trict <:fficers and clerks and treasurers of townships, and in reasing 
 the state and county common school funds," passed March twenty- 
 fourth, one thousand eight hundred and tifiy-one — bs and the same 
 Liabilities in- are hereby rt-penled : Provided, th^t tlie obligations or liabi ities 
 curred and incurred, and the rights acquired under the provisions of any of the 
 acts hereby repealed, shall remain, and be in no wise altered or 
 affected, but may be enforced, as if this act had not been passed ; 
 and tho school officers in the several school districts of the state, as 
 BOW organized, shall hold their respective offices, and perform their 
 
 right's aequir 
 «d not affected.
 
 27 
 
 respective duties, until th€ local directors herein provided for shall 
 have been elected and Qu<ilified. 
 
 JAMES C. JOHNSON, 
 Speaker of the Bovse (f Rp^iiesentauvea. 
 GEORGE KbX, 
 President oj the tSenate, pro tempore. 
 
 6UPPLKMEKTAL 8ECTI0NB. 
 [Passed April 17, 1857 ] 
 
 Sfc. 1. No sub-distiict composed of the fractional parts of two Joint eub-dis- 
 or more townships, which is now organized or may be hereafter or- trict not to be 
 ganiz d, shall be disolved, changed or altered, unle^s b) ihe c(jn- .Jfthout mutu- 
 current action of the boar(*s of education of the several townships al consent 
 which may have territ(>ry included in such sub-district In raisii g 
 and expending money in such fractioral sub-district, other than for 
 the pa}mentof teachers, the ratio shall be the taxable property of 
 the respective parts ot townships in such sub-districts included. 
 
 Sec. 2. If ihe directors of any sub-disirlct dimiss any teacher Teacher naay 
 for any friv. lou-s or insufficient reason, such teacher may briiig suit sue sub-dia- 
 against such sub-district, and if, on the trial of the cause, a judg- "° ' 
 mem be obtained against the sub-disiricts, the directors thi reot stiall 
 ceitily to the cltrk of ihe board the sum so found due, and he shall 
 issue an order to the person entitled thereto, upon tKe township 
 Ireasuier, to pay the same out of any money iu his hands bel« rgir«g 
 to said sub-district, and applicable to the pa)ment ot teachers. In 
 such bbits, process may be served on the cltrk of the sub district, 
 and service upon him shall be sufficient. 
 
 An Act suppleirenfary to an act to provide for the reorganization, supervision 
 and maintenance of common schools, passed Maich 14, 1853. 
 
 [Passed January 24, 1859.] 
 
 Section. 1. Beit enacted by t fie General Asf^emhly of the State of Union of vil- 
 Oh'o, That tlie hoard of education of any iricorporatt d village m lage board of 
 this state may unite with the board of educaiion of the township in ed'ication 
 which such village, or any part of it, be situated, for the purpose of \l^l^^'^^es{&b 
 establishing a central or high school within such township. The hsh central or 
 said boaid sh^-ll jointly agree upon an esiiinaie of the pmbab'e cost high school. 
 thereof, ar;d thereupon call separate meetings of the qualified voters How estab- 
 of their respective districts, in the manner now provided by the lished and 
 twenty-first seciion ot the act to which this is supplementary ; and controlled, 
 said meetings, wh< n so convened, shall in all respects be lieKl and 
 conduced in accordance with the provisions of the section aforesaid : 
 Provided that no such cen'ral or high school shall be so established, 
 unless a majority of the voters at each of said meetings, sh;ill vote 
 in favor of the same. The further establishment of such central or 
 high school, and the control of the same, when established, shall be 
 ordered and regulated in such manner as shall be agreed upon and 
 directed by said boards ol education interested therein.
 
 28 
 
 Seo 2. This act shall take effect and be in force from and after 
 its passage. 
 
 WILLIA 1 B WOODS, 
 Speaker of the House of Representatives. 
 
 Martin welkeh, 
 
 /'resident of the Senate. 
 
 Boards of edu- 
 
 An Act supplementary to the act entitled " an act to provide for the reorganiza- 
 zation, eujjervision and maintenance of commoii schools/' passed March 1, 
 [H,] 1853. 
 
 [Passed February 10, I860.] 
 
 Section 1 . Be it enacted hy the General Assembly of the State of 
 Ohio, That it shall be lawful for any b )ard of education, organized 
 
 cation author- under the act passed March 1, [14,] 1853, entitled "an act to pro- 
 de ntch°"l- ^'^*^ ^^^ ^^^ reorganization, supervision and maintenance of common 
 house sites. schools," or organized under the act passed February 21,1 849, entitled 
 " an act for the better regulation of the public schools in cities, towns, 
 (fee ," in every case where it may be necessury to procure a school house 
 site, and the said board of education and the ovsner thereof shall be 
 unable, from any cause, to agree upon the sale and the purchase 
 thereof, to make out an accurate survey and description of the par- 
 cel of land which the said board of education may desire to appro- 
 priate for school house purposes, and file the same with the probate 
 judge of the proper county, and thereupon the same proceedings of 
 appropriation shall be had which are provided lor by the act entitled 
 " an act to provide for compensation to the owners of private prop- 
 erty appiopriated to the use of corporations," passed April 30, 1862, 
 an 1 the various acts amendatory and supplementary thereto. 
 • Sec. 2. This act shall take effect upon its passage. 
 
 RICHARD C. PARSONS, 
 Speaker of the House of Representatives . 
 ROBERl' C KittK, 
 
 President of the Senate. 
 
 An Act to prevent and punish malicious injuries to church edifices, school- 
 , . houses, dwelling-houses, and other buildings. 
 
 [Passed March 24, 186IJ ] 
 
 Section 1. Be it enacted by the General Assembly of the State of 
 Definition and Ohio, That if any person shall wilfully and maliciously inj ire any 
 penalty church edifice, school-house, dwelling-house, or other budding, not 
 
 bcinij his own property, or in any way disfigure ihe same with paint 
 or otherwise, or deface the same by painliug thereon any ubscene 
 words, figures or devices, or by posting th reon any paper or other 
 material bearing such words, figures or devices, be shad be punished 
 by fine not exceeding one hundred dollars, or by imprisonment in 
 the county jail not exceeding ninety days, or both said punishments, 
 in the discretion of the court. 
 
 RICHARD C. PARSONS, 
 Speaker of the Hnuse of R^-presentatives. 
 ROBERT C. KIRK, 
 
 President of the Senate.
 
 29 
 
 An Aet to prohibit members of boards of education from receiving compensation 
 
 for their services. 
 
 [Pasted AprU 29, 1862.] 
 
 Section 1. Be it enacted by the General Assembly of the State of 
 
 Ohio, That it shall be unlawful for any member of any board of Members to r« 
 , ,. J . I r ^i.- i . * • ceive no com- 
 
 education. organized under any law of this stale, to receive any com- pensation. 
 
 pensation lor bis servi< es as member of said board, or to apply any 
 money coming into his hands for the benefit of schools to his own 
 use. 
 
 Sko. 2 That any person violating either of the provisions of this Penalty for 
 act shall be liable to be prosecuted therefor, in a civil action to be violation of 
 instituted in the name ot the S ate of Ohio, before any court having '•'^i* ^^ct. 
 competent jurisdiction, and if found guilty in such action, shall be 
 ordered and adjudged by such court to pay any sum not less than 
 the amount ol tlie compensation so unlawfully received, or the money 
 so unlawfully apjjlied, nor exceeding twice any such sum. 
 
 Sec. 3. All moneys collected under the provisions of this act Fines collect- 
 shall be paid into the treasury of the township in which the action ed.how dis- 
 shall have originated, for the use of common schools in the township. V^^^^ of- 
 Sbo. 4 This act shall take effect upon its passage 
 
 JAMES R. HQBBELL, 
 Speaker of the House rf Representatives. 
 B. STANTON, 
 
 President of the Senate. 
 
 CHAPTER II. 
 
 THE AKRON SCHOOL LAWS. 
 
 An Act for the support and better regulation of common schools in the town of 
 
 Akron. 
 
 [Passed February 8, 1847, XLVI vol. Stat. 105.] 
 
 Section 1. Be it enacted by the General Assembly of the State of 
 Ohio, That the electors in the town of Akron, in the county of six director! 
 Summit, qualided to vote for members of the town council, shwlj, at ehall be 
 the time aud place of holding the annual election for said members elected. 
 of the town council, in the year one thousand eight hunired and 
 forty-seven, meet and elect six directors of the common school fur 
 said town of Akron ; t*o of whom shall berve for one year, two (or 
 two years, und two for three year.-< ; the order of seniority to be 
 determined by lot, by such directors, after the election ; and annu- 
 ally thereafter, at the time and place above specified, there shall, in 
 like manner, be two directors elected, who shall serve for three , 
 
 year.'*, and until their successors are elected and qualified. All va- 
 cancies which may occur, shall be filled by the town council. 
 
 Sec 2. The said directors, within ten days alter their first Board of edu- 
 appointm' nt as aforesaid, shall meet and organize, by choosing from cation,( fficers, 
 their number a presi-lent, secretary, and treasurer; an 1 such trens- powers, tto. 
 urer, b- tore he enters on the duties of his said office, shall give bond 
 and security, to be approved by the town council, and filed in the
 
 cO 
 
 Meetings of 
 the board. 
 
 Shall have 
 control of com- 
 mon bchools, 
 etc., in Akron. 
 
 Numbtsr and 
 grade of 
 schools ; ad- 
 mission of pu- 
 pils, etc. 
 
 office of the mayor of said town, conditioned for the faithful dishurse- 
 mi-nt of all moneys that shall come into his hands as such treasurer, 
 ■which bond shall be made payable to the state of Ohio ; and when 
 such bond shall be forfeited, it shall be the duty of the town cnuQcil 
 to hue and collect the same, for the use of the comrnon sc'vols in 
 said tuwn ; and the said directors, so organized and qualified, and 
 their successors in office, shall be a bo ty politic and corporate in 
 law, by the name of " The Board of Education of the town of 
 Akron," and, as such, and by such name, shall be authorized to 
 receive all moneys accruing to said t >wn, or any part thereof, for 
 the use and benefit of the common schools in said town ; and the 
 said boaid shall be cap tbie of contracting and b' ing contracted with, 
 suini;; and being sued, pleading and beiny; impleaded, in any court 
 of law or equity in this state ; and shall also be capable of receiving 
 any gift, grant, donation, or devise, made for the use of the common 
 schools in said town ; and said board, by res'luti ^n, shall direct the 
 payment of all moneys that shall come into the hands of said treas- 
 urer ; and no money shall be paid out of the treasury, except in 
 pursuance of such resoluiion, and on the written order of the presi- 
 deiit, countersigned by the secretary. 
 
 Sec. 3. That said board shall hold their meetings at such time 
 and place as they may think proper; that any four of sail board 
 shall constitute a quorum ; that special meetings may be cal'ed by 
 the president, or by any two members of the board, on giving two 
 days' notice of the time and place of holding such meetings,; but at 
 no special meeting, except all the directors be present, shall any 
 resolution in relation to sites for school houses, or financial resolution, 
 or order be passed, unless the two days' notice as a'oresaid be given, 
 and the subject or subjects to be acted on, be specified in the notice, 
 and a quorum of at least four members be present. 
 
 Shc. 4. That said board of education shall have the entire man- 
 agement and control of all the common schools in said town of 
 Akron, and of all ihe houses, lands, and appurtenances already 
 provided and set apart for common school purpos s, as well as those 
 hereafter to be provided for the same purposes ; and the said town 
 of Akron, from and after the first Tuesday in June next, after the 
 passage of this act, shall constitute, in law, but one s-h -ol district; 
 and all moneys accruing to said district for school purposes, under 
 any law of the state, shall be paid over to the treasurer for said 
 board of education. 
 
 ^Ec 5. It shall be the duty of said board of education, so soon 
 as they may realize sufficient funds for the purpose, to establish 
 within the bounds of the town corporate of Akron, s'x or more pri- 
 mary schools, to be located in different parts of the town, so as best 
 to accommodate the inhabitants, in which the rudiments of an Eng- 
 lish education shall be taught. It shall be the further duty of said 
 bo rd to establish a central grammar school in sai 1 town, where 
 instruction shall be given in "the various studies and parts of study" 
 not provided for in the primary school, and yet riequisire to a respec- 
 table Eng'ish education. To each school in this system there shall 
 be gratuitous admission for the children, wards, and apprentices of 
 all residents of the town corporate of Akron, and such other persons 
 in the immedate vicinity as may own property, charged with a 
 school tax in said town corporate of Akron, with the following re- 
 Btnciions, namely : No pupd shall be admitted to the grammar school
 
 31 
 
 who fails to sustain a thorougjh examination in the studies? of the pri- 
 mary school ; and the teacher shall have power, in either scho )l, 
 with ihe advice and direction of the b >Hrd of eduoaii )n, to exclude 
 for naisconduci, in extreme cases, and to classify the pupil-* as the 
 best g'W 1 o' the school shnl! seem to require : Provided, huwevt-r, 
 that Said board of edui'Htion shall not mak-; any rules which will 
 exclude fr()m said primary scboo's any scholar who, by the general 
 law> of this slate, would be entitled to admissioa into the common 
 school-', witi.in said town, and said board shall no' so appropriate 
 the school fund which, by the provisions of this act, shall come 
 under their control, as to reducd the amount applicable to the sup- 
 port of s^id primary schools, below the sum to which, under the 
 general laws of this state, the common schools within said town 
 would be entitled. 
 
 Sec 6. The said board of education shall have power to make Power of 
 and enforce all necessary rules and reyulaii ins for the government board, 
 of leAchers an 1 pupils in said schools, to employ teachers, male and 
 female, and pav them a suitable compensation, to purchase all neces- 
 sary boiiks and appara'us, to select sites for school-houses, and 
 superintend the buildm^ of the same up m their own plan, and to 
 pay for the lands, and houses, and furniture, as well as other expen- 
 ses of said school system, from the public moneys in the hands of 
 the treasurer. 
 
 Sec 7. The said board of education, within thir'y days after Town couDcil 
 their org^.nizalion, shall report to the town council ot Akron the to levy taxes 
 number and d'Sorip'ion of buildings necessary for the purposes of for school pur- 
 the Common schools in said town, which report shad be in writ ng, pos^s. 
 and shall specify the amount of money necessary to be raised to 
 meet the expense of erec ing such buildin^^s ; and such b >ard shall 
 also speiifv, in said report, the amount of m mey ne essary to be 
 raised in a(<di ion to the money accruing to s iid towu under the gen- 
 eral s<;hool liws of the state, to defray all the other expenses of said 
 school svs'eiu during the current year ; and thereupon the said 
 town council -hall proceed to levy a tax sufficient to meet such ex- 
 penses of huildii)g8 and repai ing school houses and the expenses 
 attendant u^ion the maintenance of said free schools in Akron, du- 
 xia^ the whole year, customary vacations only excepted ; s;ii 1 tax 
 lo be levied and c llected as other taxes of said town are or may be 
 colleced. *And It shall be the duty o! saiJ board, on or before 
 the tiist Monday in April, in every year lher^ after, lo make report 
 in writing lo ihe town coui.cii, ot all moneys received, how and for 
 what purpo-e expended, with the proper vouchers, and such other 
 information in rel-ition to .-aid schools as they may deem imporiant, 
 8pecif\in=( in said annual report the amouni ot money necessary to 
 be raised by laxati u, to defray the expenses of said Si-hool system 
 forth' curren': year ; and said town council '•hall, annually, upon 
 the coming m of such report, and wiihin thirty days therenfter, 
 procee 1 lo levy a tax .-ufficient to meet such expenses, to be levied 
 
 and coilecteiJ as other taxes of said town f And the town council „ t c 
 111 I.I f . I I • 11 Reports of 
 
 shall cause all such reports ot the board ot educaii'm to be pub- board. 
 
 lished, or t<o much thereof as they may deem necessary, the reports 
 
 •Mudifieii : see secliun 3 of tlie act of Jnnuary ys, l^4■^, elisipter III. Tax 
 not lu exceed tour luilli ou the dulliir ; blC section 1 of sime act. 
 t^ee lax law [jassed April 30, 166^.
 
 32 
 
 Titles to board 
 
 Examiners of 
 teaohers and 
 ficbools. 
 
 Keports. 
 
 Public exam- 
 ination of 
 schools. 
 
 Repealing 
 
 clause. 
 
 Extended to 
 Dayton. 
 
 Right of repeal 
 
 themselves to be left with the mayor of the town, open to public 
 inspection. 
 
 Sec. 8. All legal titles to lands and houses, and other property 
 used for cotncnon school purposes in said town of A.kron, shall vest 
 in the town council of Akron at the taking effect of this act, and all 
 titles acquired thereafter shall be in the name of said town council ; 
 and said town council shall have power to sell, lease, and convey, 
 any and all of the lands and tenements hdd under and by virtue of 
 this act, and to purchase other lands and tenements in more eligi- 
 ble positions, by and with the advice of said board of education, but 
 not otherwise. 
 
 Seo. 9. The town council shall, immediately after the appoint- 
 ment of directors, as hereinbefore provided, appoint ihree competent 
 persons to serve as school examiners of sai i town, all of whom shall 
 be citizens of Akron ; one to serve until the first Tuesday in June, 
 one thousand eight hundred and forty-eight; one until the first 
 Tuesday in June, one thousand eight hun ired and for^.y-ninc ; and 
 one until the first Tuesday in June, one thousand eight hundred and 
 fifty, and until their successors are qualified ; and annually, at the 
 first regular meeting of the town council, after the annual election 
 for members of that body, they shall appoint one person for exami- 
 ner, to serve for three years, and until his successor is qualified; 
 and the council shall fill all vacancies that may occur by death, re- 
 moval, or otherwise. The examiners, or any two of them, shall 
 examine such pers ms as may apply for that purpose ; and if they 
 find the applicant qualified, they shall give him a certificate, naming 
 the branches he is qualified to teach, that they have carefully in- 
 quired into hi3 character, and believe it to be moral and good, and 
 that they believe him to be well qualified to govern and teach ; 
 they shall, also, in every case where two of their number concur, 
 have power to annul any certificate previousl given, and the per- 
 son holding the same shall be discharged from the public schools in 
 said town : they shall, also, separately or otherwise, together with 
 such other persons as may be appointed by the mayor, visit said 
 scho.ils at least as often as once in every quarter, observe the dis- 
 cip ine, mode of instruction, progress of the scholars, and such other 
 circumstances as they may deem of interest ; and, ^emi■annually, 
 at buch times as the board of education shall [appoint.] they shall 
 report their proceedings to the town council, and also to the boaid 
 ot education, with such suggestions as they may think proper, the 
 publication of which shall be in the discretion of the town council. 
 
 8£C. 10. Annually, at such dme as the board shall appoint, 
 pub'ic examinations of all the schools shall be had, under the direc- 
 tion ot the mayor, council, the board of education, and the examiners. 
 
 Sec. 11. So much of the general school law, and so much of 
 any and all other laws of this state, general or local, as may be in- 
 consistent with this act, or any of its provisions, is hereby repealed 
 as to said town of Akron. 
 
 Sec. 12. The p<>wer conferred upon the board of education of 
 the town of Akron, in the fifth section of this act, is hereby conferred 
 upon the managers of the common schools of the city of Dayton. 
 
 Skc. 13. Any future legislature may alter, amend, or repeal 
 this act. WILLIAM P. CU I'LER, 
 
 SpeuJcer of the House of Repreisentatives. 
 EDSON B OL 'S, 
 
 lS;peaker oj the Senate.
 
 33 
 
 CHAPTER III. 
 
 An act to amend the act entitled " An act for the support and better regulation 
 of Common Schools in the town of Akron," passed February 8, 1847. 
 
 [Passed January 28, 18i8, XLVI vol. Stat. 110.] 
 
 Section 1 . Be it enacted hy the General Assembly of the State of 
 Ohio, That the amount of tax hereafter to be assessed to defray 
 the expense of the school system, introduced into said town by vir- 
 tue of the act to which this is an amendment, shall not exceed in 
 any one year, four mills on the dollar of the taxable property in said 
 town. 
 
 Sec. 2. The board of education of the town of Akron shall have 
 full power and authority to determine what branches of education 
 shall be taught in any and all of said schools under their manage- 
 ment and control ; and said board shall also have power, at their 
 discretion, to restrict the right of admission into any and all of said 
 schools, to the children, wards, and apprentices of actual residents, 
 within the limits of the town corporate of Akron, with power to ad- 
 mit scholars from abroad, upon such terms and conditions as said 
 board shall see fit to prescribe. 
 
 Skc. 3. That on or before the first Monday of June, in each 
 year, it shall be the duty of the said board of education to make 
 known to the auditor of the county of Summit, the amount of tax 
 which they may want levied for school purposes during the current 
 year ; and thereupon it shall be the duty of said county auditor to 
 assess the taxable property in said town of Akron, as the same ap- 
 pears upon the grand list ; and the said tax shall be collected by the 
 county treasurer at the same time with the state and county taxes, 
 and in the same manner ; and, when collected, the amount shall be 
 paid over to the treasurer of said board of education. 
 
 Sec. 4. That so much of the act to which this is an amendment 
 as conflicts with the provisions of this act be and the same is here- 
 by repealed. 
 
 JOSEPH S. HAWKINS, 
 • Speaker of the House of Representatives. 
 CHARLES B. GODDaRD, 
 
 Speaker of the Senate. 
 
 Amount of tax 
 
 Powers of the 
 board of edu- 
 cation. 
 
 Duties of aud 
 iter and treas- 
 urer. 
 
 Repealing 
 clause. 
 
 CHAPTER IV. 
 
 An act to provide for extending the provisions of an act entitled " An act for 
 the support and better regulation of common schools in tte town of Akron," 
 and the amendatory acti thereto, to the cities and incorporated towns of 
 this state. 
 
 [Passed February 14, 1843, XLVI vol. Stat. 48.] 
 
 Section 1. Be it enacted by the General Assembly of the State of All incorpora- 
 Ohio, That every incorporated town or city in this state, shall have ted towns may 
 the provisions of the act entitled " an act for the support and better organize un- 
 regulation of common schools in the town of Akron," and the acts ^an^d how
 
 34 
 
 Election of di- 
 rectors. 
 
 How number 
 of voters ascer- 
 tained. 
 
 Repealicg 
 clause. 
 
 amendatory act thereto, passed by the forty-sixth general assembly 
 of tbis state, extended to all or any of the said incorporated towns 
 or cities, wherever two-thirds of the qualified voters thereof shall 
 petition the town or city council in favor of having the provisions of 
 said acts so extended. 
 
 Skc. 2. That whenever two-thirds of the qualified voters of any 
 city or incorporated town shall petition the town or city council in 
 favor of having the provisions of said acts extended to said city or 
 incorporated town, the electors qualified to vote for members of the 
 town or city council, shall assemble at the time and place within said 
 town or city, of wkich at least ten days' previous notice shall be given 
 by the city or town council, by posting written or printed notices in 
 at least three of the most public places in said city or incorporated 
 town, and then and there proceed to the election of six direc- 
 tors, by ballot, who shall serve, and in all respects be governed by 
 the provisions of the act entitled " an act for the support and bet- 
 ter regulation of common schools in the town of Akron," and the 
 act amendatory thereto ; and the common schools in said city or 
 incorporated town shall, in all respects, be governed and organized 
 according to the provisions of said acts. 
 
 Sec. 3. That the last preceding election in said city or incor- 
 porated town, shall be the basis upon which to determine the num- 
 ber of qualified voters. 
 
 Sec. 4. That all acts, or parts thereof, inconsistent with the 
 provisions of this act, are hereby repealed : Provided, that this act 
 shall not extend to, nor be in force in the city of Cincinnati. 
 
 JOSEPH S. HAWKINS, 
 Speaker of the House of Re2Jresentaiives. 
 CHARLES B. GODDARD, 
 
 Speaker of the Senate. 
 
 Boards of edu- 
 cation may 
 adopt certain 
 laws. 
 
 CHAPTEH V. 
 
 An act to amend an act entitled "an act for the support and better regulation 
 of common schools in the town of Akron," passed February 8, ltt47, and 
 the acts amendatory thereto. 
 
 [Passed March 15, 1849, XLVII ml. Stat. 45.] 
 
 Section 1 . J5e it enacted hy the General Assembly of the State of 
 Ohio, That the board of education in any city, town, or village, 
 which has adopted the act entitled " an act for the support and bet- 
 ter regulation of common schools in the town of Akron," passed 
 February 8, 1847, and the acts amendatory thereto, may adopt the 
 eleventh, twelfth, and fifteenth sections of the act entitled " an act 
 for the better organization of the public schools in cities, towns," 
 etc., passed February 15, 1849, whenever, in the opinion of said 
 board of education, the educational interests of such city, town, or 
 village, may require it. 
 
 Sec. 2. All acts, or parts thereof, inconsistent with the provi- 
 sions of this act, are hereby repealed. 
 
 JOHN G. BRESLIN, 
 Speaker of the Bouse of Representatives. 
 BREWSTER RANDALL, 
 
 Speaker of the Senate.
 
 35 
 
 An act supplementary to an act entitled "an act for the 8upf>o:t and bet er 
 regulation of common schools in the town of Akron," passed Februiry 8, 
 1«47, (passed April 12, IB61). 
 
 [Passed March 19,1860.] 
 
 Section 1 . Be it enacted by the General Assembly of the State of 
 Ohio, That the boards of education in the town of Akron, or in 
 any city, town or village, which has adopted the act entitled " an 
 act for the support and better regulation of common schools in the 
 town of Akrcn," passed February 8, 1847, shall have power at 
 their discretion, to provide for the establishment of German schools 
 for the instruction of such youth as may desire (o study the German 
 language, or the German and English languages together. 
 
 Sec. 2. This act shall t-ike effect and be in force on its passage. 
 
 RICHARD C. PARSONS. 
 Speaker of the House of Representatives. 
 ROBERT C. KIRK, 
 
 President of the Senate. 
 
 An act supplementary to an act entitled "an act for the support and better Swan's Rev. 
 regulation of common schools in the town of Akron, passed February 8, Stat. 854. 
 1847. 
 
 [Passed March 19,1860.] 
 
 Section 1. Be it enacted by the General Assembly of the State of 
 Ohio, That the board of examiners for any city, town or village 
 which has adopted the above recited act, and the acts amendatory 
 thereto, shall state in the certificates they issue to teachers the 
 period of time for which said certificates shall be valid, which period 
 shall not be less than six months nor more than two years, and no 
 certificate shall be valid for any other period than that named in it. 
 Skc 2. No person shall be permitted to teach in any of the 
 public schools of said city, town or village, -without such certificate, 
 or for any other time than that specified in said certificate. 
 Sec. 3. This act shall be in force from and after its passage. 
 
 RICHARD C PARSONS. 
 Speaker of the House of Representatives. 
 ROBERT C. KIRK, 
 
 President of the Senate. 
 
 Certificate of 
 examiner to 
 state time such 
 certificate 
 shall be valid. 
 
 No person to 
 
 teach without 
 certificate. 
 
 CHAPTER VI. 
 
 GENERAL ACT FOR SCHOOLS IN CITIES, TOWNS, ETC. 
 
 An act for the better regulation of the public schools in cities, towns, etc. 
 
 [Passed February 21, 1849, XLVII ml. Stat. 22.] 
 
 Section 1 . Be it enacted by the General Assembly of the State of Towns of 200 
 Ohio, That any incorporated city or town in the state, or any in- inhabitants 
 corporated town or village, except such city, town or village, as is ^hoo'l^d^^"^'^ 
 now, in whole or in part, governed as to schools by some special triota. 
 law heretofore passed, containing within the town or village plot, as 
 laid out and recorded, two hundred inhabitants or more, with the
 
 36 
 
 Qualified vo- 
 ters to vote for 
 or ogainst the 
 adoption of 
 this act. 
 
 Manner of 
 casting 8uch 
 vot<3. 
 
 Directors to be 
 chosen. 
 
 Directors to 
 organize. 
 
 Their power 
 and duties. 
 
 territory attached, or hereafter to be attached to said city, town, or 
 village, for school purpo-^es, may be organized into and established 
 as a single school district, in the manner and with the powers here- 
 inalter specified; but the provisions of this act shall not apply to 
 any city, town or village, or any part thereof, which is now gov- 
 erned as to schools by any special law. 
 
 Sec 2. That, in order to such organization, written notices 
 shall be posted up in three or more of the most public places in 
 said contemplaied district, signed at least by six res-ident freeholders 
 of the same, requesting the qualified electors in said di^^trict to as- 
 semble upon a day, and at some suitable place in said district, to 
 be named in said notices, then and there to vote, by ballot, for or 
 against the adoption of this act, which notice shall be so posted up 
 at least ten days next prior to said meeting. 
 
 Sec. 3. That the electors assembled at said time and place shall 
 proceed to appoint a chairman, assistant chairman, and clfrk, who 
 shall be judges of said election. That the electors in favor of the 
 adoption of this act for said district, shall write upon their ballots, 
 " t-chool law," and those opposed thereto shall write upon their bal- 
 lots, " no school law ;" the adoption or rejection of this act to be 
 determined by a majority of the votes to be cast in the manner 
 aforesaid. 
 
 fciEC. 4. That in case a majority of the votes shall have been 
 cast for said law, the electors of said districts shall assemble at the 
 place last aforesaid, within twenty days from the time of the adop- 
 tion of said act, of which at least ten days' previous notice shall be 
 given by said chairman and clerk, in the manner aforesaid, and shall 
 then choose, by ballot, six directors of the public schools of said 
 district, two of whom shall serve for one year, two for two years, 
 and two for three years, the time that each shall serve to be desig- 
 nated on the ballots ; and annually thereafter there shall be chosen, 
 in the sanae manner, two directors, each of whom shall serve for 
 three years, and until their successors shall be elected and qualified ; 
 such intermediate vacancies as may occur to be filled by the acting 
 directors until the next annual election, when such vacancies shall 
 be fi led by the electors. 
 
 Sec. 5. That said directors, within ten days after their appoint- 
 ment as aforesaid, shall meet and organize by choosing from their 
 number a president, secretary and treasurer; that said treasurer, 
 before he enters upon the duties of his office, shall give bond pay- 
 able to the state of Ohio, with security, to be approved by said 
 board, and to be by them kept, conditioned for the faithful discharge 
 of his duties as such treasurer. 
 
 Sec. G. The said directors, and their successors in oDBce, shall 
 be a body corporate, by the name of the board of education of said 
 city, town, or village, and, as such, and by such name, shall receive 
 all moneys, and other property, belonging or accruing to said dis- 
 trict, or to said city, town, or village, or any part of the s ime, for 
 the use or benefit of the public schools therein ; and the said board 
 shall be capable of conti acting and being contracted with, suing and 
 being sued, pleading and being impleaded, in any court of law or 
 equity ; and also shall be capable of receiving any gift, grant, be- 
 quest, or devise, made for the use of the public schools in said city, 
 town or district, and all moneys accruing to said city, town or district.
 
 37 
 
 for school purposes, under any law of this state, shall be paid over 
 to the treasurer of said board of education. 
 
 Sec. 7. Sriid board of eHucation may hold stated meetings at Meetings of 
 such times and places in said district as they may fippoint, four mem- the board. 
 bers of said board, at all meetini^s thereof, constituting a quorum 
 for business ; that special meetings thereof may be cnlled by the 
 president, or by any two members, on giving one day's notice of the 
 time and place of the same; and said board, by resolution, shall Money, how 
 direct the payment of all moneys that shall come into the hands of f*^'^ °"*" 
 the treasurer, and no money shall be paid out of the treasury except 
 ia pursuance of such resolution, and on the written order of the 
 president, countert.igned by the secretary. 
 
 Sec. 8. That whenever sail board shall deem it necessary to School houses 
 purchase or erect a school-house, or school houses, for said district, how built. 
 or to purchase sites for the same, they shall chII a meeting of the 
 legal voters in saii district, by giving at least ten days' notice of the 
 time, and place, and object of said meeting, in some newspaper 
 printed in, and in general circulation in such district, if any such 
 there be, and if there be no such newspaper, then by posting up 
 written or printed notices thereof, at five or more of the most public 
 places in said distiict, and the president of said board, and in his 
 absence one of the other directors, shall act as chairman of sai i meet- 
 ing, and said meeting may determine, by a majority vote, upon the 
 erection of a school-house or school-houses, and the purchase of a 
 site or sites therefor, and the amount of money to be raised for the 
 purpose aforesaid, and the time, or times when the same shall be 
 paid, which money, so voted, shall be thereupon certified by the 
 board of education, by its chairman and secretary, to the auditor of 
 the county, and shall be assessed in said district, collected and paid 
 over to the treasurer of said dis'rict, in the same manner as the tax 
 hereinafter provided for in the twelfth section of this act. 
 
 Sec. 9. It shall be the duty of said board, so soon as the means Board toes- 
 
 for that purpose can be provided, to establish in said district an ad- tablish prima- 
 
 equate number of primary schools ; to be so located as best to ac- ^y schools. 
 
 commodate the inhabitants thereof, and in which the rudiments of 
 
 education shall be taugbt, and it shall be the further duty of said 
 
 board to establish in said district a suitable number of other schools 
 
 of a higher grade or grades, wherein instruction shall be given in High echools. 
 
 such studies as may not be provided for in the primary schools, the 
 
 number of schools, and also of the different grades thereof, to be 
 
 determined by said board ; and it shall be the further duty of said 
 
 board to decide what branches shall be taui^ht in each and all of t?,.„„„u „ , v 
 
 •jii -III 1 1 ^ ■ .T-ii-i liranches to be 
 
 said schools, provided that no other language than the English or taught. 
 
 German shall be taught therein, except with the concurrence of 
 
 two-thirds of said board. 
 
 Sec 10. Admission to said schools shall be gratuitous to the What scholars 
 children, wards and apprentices of all actual residents in said dis- admitted, 
 tricts, who may be entitled to the privileges of the public schools, 
 under the general laws of this state, provided that said board shall 
 have power to admit to said schools other pupils, upon such terms, 
 or upon the p^y ueni of such tuition, as they may prescribe. 
 
 Sec. 11. Slid board shall have power to make all necessary General pow- 
 regulations for said schools, to prescribe and enforce rules fo' the ers of the 
 admission of pupils into the same, not inconsistent with the preced- hoard.
 
 38 
 
 How long 
 schools to be 
 kept in each 
 year. 
 
 School tax, 
 how levied 
 and collected. 
 
 Kot to exceed 
 four mills on 
 tlie dollar. 
 
 Board shall 
 appoint school 
 examiners. 
 
 Duty of exam- 
 laers. 
 
 ing section, and the examination that pupils must pass preparatory 
 to admission into the schools of higher grade than the primary ; to 
 sub divide said school district, if they shall think proper ; to select 
 sites for school-houses ; to superintend the building of the same, and 
 to pay therefor, their appurtenances, furniture and apparatus, to 
 borrow money for the erection of school-houses, upon a majority 
 vote of s^id district therefor, and to incur all other expenses ot said 
 school system, and pay the same from the public moneys of said 
 district. 
 
 Sec. 12. It shall be the du*y of said board to keep said schools 
 in operation not les& than thirty nor more than forty-four weeks of 
 each year, to determine the amount of the annual tax to be raised 
 for the purpose aforesaid, including all the necessary expenses of 
 said schools, except for the erection of school houses and the pur- 
 chase of sites ; and on or before the first day of July, of each year, 
 to make known the amount of such tax to the auditor of the county 
 in which said district is situate, and thereupon it shall be the duty 
 of said auditor to assess the same upon the taxable property of the 
 said district as the same appears on the grand list in his office, and 
 the said tax shall be collected by the county treasurer in the same 
 manner and at the same time with the state and county taxes, and 
 ■when collected shall be paid over to the treasurer of said board : 
 Provided, however, that the tax to be assessed under this section 
 shall not exceed four mills on the dollar upon the taxable property 
 of said district, as the same appears upon the grand list: Provided, 
 further, that in case the amount so authorized to be raised, together 
 with the other school moneys of said district, shall be insufScient to 
 support said schools for the portion of the year mentioned in this 
 section, that said board of education may require such sum as may 
 be necessary to support the same for the residue of said time, to be 
 charged at the discretion of said board upon the tuition of the pupils 
 attending such schools: Provided, however, that the children of 
 indigent parents, or orphans who are unable to pay such charges, 
 shall not be excluded from said schools for the non-payment of the 
 same ; and it shall be the further duty of said board to keep an ac- 
 curate account of their proceedings, and of their receipts and dis- 
 bursements for school purposes, and at the annual meeting for the 
 choice of directors in said district to make report of such receipts, 
 and the sources from which the same were derived, and of said dis- 
 bursements, aijd the objects to which the same were applied ; and 
 they shall also make report at the same time of such other matters 
 relating to said schools as they may deem the interest of the same 
 to require. 
 
 Skc. 13. That said board of education, within twenty days after 
 their election, shall appoint thiee competent persons, citizens of said 
 district, to serve as school examiners of the public schools therein, 
 one to serve foi- one year, one for two years, and one for three years, 
 from the time of their appointment, and until their successors shall 
 be appointed ; and annually thereafter said board shall appoint one 
 examiner, to serve for three 5 ears, and until his successor is ap- 
 pointed and qualified ; and said board shall fill all vacancies that 
 may occur from death, removal, or otherwise. Said examiners, or 
 any two of them, shall examine any person that may apply for that 
 purpose, with the intention of becoming teachers in any of the schools
 
 39 
 
 in said district ; and if they find the applicant, in their opinion, quali- 
 fied to teacli in any of said schools, and to govern the same, and of 
 good moral character, they shall give the said applicant a certificate, 
 naming the branches in which the holder of said certificate was 
 found qualified to teach, and no person shall be permitted to teach 
 in said schools without such certificate ; and said examiners may, in 
 all cases where two of their number concur, have power to annul 
 such certificate, and, when so annulled, the person holding the same 
 shall be discharged as a teacher of said schools ; said examiners 
 shall also, separately or otherwise, together with said board of edu- 
 cation, or any of them, or such persons as they may appoint or 
 invite, visit said schools as often as once in every term, and observe 
 the discipline, mode of teaching, progress of the pupils, and such 
 other matters as they may deem of interest, and make such sugges- 
 tions, and report thereupon to said board, as they may think proper, 
 which report may be published at the discretion of said board. 
 
 Sec 14. Upon the adoption of this act in the manner herein Acts repealed 
 provided, by any city, town, village, or district, all laws now in force 
 therein, inconsistent herewith, are hereby repealed. 
 
 !?EC. 15. That said board of education, or the treasurer thereof, 
 shall have power to collect any charge or account for tuition, in the 
 same manner as the treasurer of any common school district te this 
 state is now, or may hereafter be, authorized to collect any such 
 charge or account. 
 
 JOHN G. BRESLIN, 
 Speaker of the House of Representatives. 
 
 BREWSTER RANDALL, 
 
 Speaker of the Senate. 
 
 Treasurer may 
 collect charges 
 for tuition. 
 
 CHAPTER VII. 
 
 An act to amend the act entitled "an act to provide for the organization of 
 cities and incorporated villages," passed May 3, 185-.^. 
 
 [Passed March 11, 1853, LI vol. Stat. 364.J 
 
 Sec. 12. That the ninety-eighth section of said act be and the 
 same is hereby so amended as to read as follows : That the council 
 of any municipal corporation shall not authorize any loan or appro- 
 priation not predicated on the revenues of the corporation for the 
 current fiscal year, and shall not authorize any order or appropria- 
 tion of money when there is not in the city treasury money unappro- 
 priated sufficient to pay such appropriation ; and any appropriation 
 otherwise made or authorized shall be held and deemed utterly void 
 and of no effect as against said corporation: Provided, however, 
 that for the purpose of purchasing necessary grounds and erecting 
 suitable school buildings for the use of public schools, the council of 
 any such corporation may, at the request of the board of education 
 of said corporation, make sufficient appropriation therefor, and shall 
 have power to borrow money upon the credit of such corporation, 
 sufficient for the aforesaid purposes, at such rates of interest as said 
 
 Certain appro- 
 priations not 
 authorized. 
 
 Council may 
 borrow money 
 for school pur- 
 poses.
 
 40 
 
 Loan, how per- 
 fected. 
 
 School build- 
 ings, how con- 
 structed. 
 
 council may deem proper ; and, for the purpose of effecting such 
 loan, the said council shall have power to pledge the faith of said 
 corporation for the payment of both principal and interest, including 
 the power to levy a tax for the payment of the same, whenever the 
 same may become due, and to m^ke and execute such bonds, or 
 other evidences of debt, and payable at such times and places as 
 shall be agreed upon by the parties so contracting, which said bonds 
 or other evidences of debt may be made transferable and redeemable 
 in such form and at such times and places as may be therein desig- 
 nated ; and the necessary grounds shall be procured, and the said 
 school buildings hereby authorized shall be constructed under the 
 direction of, and in accordance with, a plan or plans lurnished by the 
 board of education of said corporation. * * * * 
 
 Extending act 
 in reference to 
 public schools. 
 
 Single school 
 dietriots. 
 
 Board of edu- 
 cation. 
 
 Tit'e to real 
 estate to vest 
 in board. 
 
 CHAPTER VIII. 
 
 An Ht to amend the " act for the better regulation of the Public Schools in 
 cities, towns, etc.," passed February 21, 1849. 
 
 [Passed March 13, 1850. XLVIII vol. Stat. 40.] 
 
 Section 1. Be it enacted by the General Assembly of the State of 
 Ohio, Ihat the act for the better regulation of the public schools in 
 cities, towns, etc., passed February 21, 1849, be and the same is 
 hereby extended to incorporated townships and to school districts, 
 now or hereafter to be organized, which shall adopt the same in the 
 manner speci6ed in the second and third sections of said act : Pro- 
 vided, however, that said act shall not be so extended to anv town- 
 ship or school district containing less than five hundred inhabitants, 
 unless said school district consists, in whole or in part, of an incor- 
 porated town or village. 
 
 Sec. 2. Townships and school districts to which said act may be 
 extended in the manner aforesaid, shall thereafter be known and 
 recognized in law as single school districts, with all the powers, 
 rights and franchises which, for educational purposes, are or may be 
 conferred upon incorporated cities, towns and villages, in virtue of 
 the act aforesaid ; and the board of education of such townships and 
 school districts shall be elected and organized in the same manner 
 as is provided in the fourth and fifth sections of said act, and shall 
 have like powers, rights and privileges, and perform like duties, as 
 boards of education of cities, towns, etc., under the act aforesaid. 
 
 Sec. 3, The title to all real estate, and other property, belonging, 
 for school purposes, to any city, town, village, township, or district, 
 or to any part of the same, which is or may be organized into a 
 single school district, in accordance with this act, or the act to which 
 this is an amendment, shall be regarded in Jaw as vested in the 
 board of education thereof, for the support and use of the public 
 schools therein, and said board may dispose of, sell and convey said 
 real estate, or any part of the same, by deed, to be executed by the 
 president of said board, upon a majority vote for such sale at any 
 regular meeting of the electors of said district.
 
 ren 
 
 41 
 
 Sec. 4, The board of education of any city, town, village, town- Board to h^avc 
 ship, or school district, organized for the support of scliools under ^"J^fchildi 
 this act, or the act to which this is amendatory, or tbe act for the under eix 
 support and better regulation of common schools in the town of years of age. 
 Akron, and the acts amendatory thereto, or un er any special local 
 act, shall have authority to exclude fr(>m the public schools in such 
 city, etc, all children under the age of six \ears 
 
 BENJAMIN F. LEITER, 
 Speaker of the House of Representatives. 
 CHARLES C. CONVERSE, 
 Speaker of the Senate. 
 
 CHAPTER IX. 
 
 An act to provide for the completion of certain contracts heretofore made by 
 
 school directors 
 
 [Passed February 6, 1854, Lllxol. Stat. 17.] 
 
 Section 1. Be it enacted by the General Assembly of the State of 
 
 Ohio, That in all cases where pursuant to law, contracts have been To empower 
 
 made or entered into for the sale of school-house sites or lands, the township 
 
 e 1 1 I- . • . 1 . f • ,■ ■ .1 • 1 boards of edu- 
 
 property or any school district heretofore existing in this state, and cation to com- 
 
 the sale remains to be perfected by conveyance, the township board plete certain 
 of education, in the township where such property may be situate, contracts, 
 shall be authorized to complete the same by executing a conveyance 
 in the manner prescribed in section eleven of the act entitled an act 
 to provide for the reorganizition, supervision and maintenance of 
 ■common schools, passed March 14, 1853, on full compliance there- 
 with by the purchaser or purchasers. 
 
 F. C. LeBLOND, 
 Speaker of the House {if Representatives. 
 KOBKRT J. ATKINSON, 
 President of the Stnate pro tern. 
 
 CHAPTER X. 
 
 An act relating to common schools. 
 [Passed April 10, 1856, LI II vol. Stat. 200 ] 
 
 Whereas, certain boards of education, organiz^^d under an act for Preamble, 
 the better reguUti.m of public schools in cities, towns, etc., passed 
 February 2i, IB-JQ ; aiul cert-iin boards of eduorttiun ur^aiiized 
 under an act to provide for the reorganization, supervision and 
 maintenance of common schools, passed March 14, 1853, acting 
 under said acts have by agreement between said boards, under the 
 act passed F* bruary 21, 1849, and the boards, under th'? act passed 
 March 14, 1853, made annexations and transfers of territory to and
 
 42 
 
 Transfers 
 made valid, 
 
 Power to 
 transfer. 
 
 from the districts provided for in said acts respectively for the pro- 
 motion of education, according to the true intent and meaning of 
 said acts ; and whereas, doubts exist as to the legality of such an- 
 nexations and transfers of territory ; therefore, 
 
 Section 1 . Be it enacted by the General AssemUy of the Stale of 
 Ohio, That all annexations or transfers of territory to or from the 
 districts provided for in the said act passed February 21, 1849, and 
 in the said act passed March 14, 1853, made pursuant to said acts 
 respectively, and the agreement of the boards of education organ- 
 ized under said acts respectively, heretofore made or agreed upon, 
 or which shall hereafter be thus made or agreed upon, shall be held 
 to be as valid as if the same had been specially and more particu- 
 larly provided for in said acts, or the acts amendatory thereto. 
 
 Sec 2. Be it further enacted. That the boards ot education of 
 any township, and the boards of education of any city, or incorpo- 
 rated village, or union school district created by any law of this 
 state, shall have power according to the general provisions of said 
 act passed March 14, 1853, by mutual agreement between the town- 
 ship board and the city or village board to transfer territory to or 
 from the respective districts under the control of said respective 
 boards. 
 
 Sbc 3. That this act shall be in force from and after its passage. 
 
 N. H. VAN VORHES, 
 Speaker of the House of Representatives. 
 THOMAS H. FORD, 
 
 President of the Senate. 
 
 When official 
 repoTts to be 
 made. 
 
 School year. 
 
 CHAPTER XI. 
 
 An act providing for recording, printing, and distributing the journals of the 
 general assembly, and the laws and public documents. 
 
 [Passed April 8, 1856, LIII vol Stat. 173.] 
 
 Sec. 6. All county, township, city and village officers, and all 
 officers and boards of officers, of all state institutions and buildings, 
 and all officers connected with the public works of the state, and all 
 corporations (except such as by thtir characters are required to 
 make their reports at some other specified time) which are now, or 
 may hereafter be required by law, to make annual reports for any 
 purpose to any state officer or officers, &hall make out the same on 
 or before the fifth day of November of each year, and forthwith 
 transmit the same to the proper officer or officers. For the purpose 
 of making out all such reports as come within the provisions of this 
 section, the year shall begin on the first day cf November of each 
 year, and end on the last day of October of the succeeding year ; 
 provided, that the school year shall begin on the first day of Sep- 
 tember annually, and close on the last day of the following August ; 
 and all school officers and township officers acting as such, who are 
 or may be required to make annual reports to the county auditor, 
 shall make out the same and transmit them to the county auditor on 
 or before the first day of October following the expiration of the 
 school year.
 
 43 
 
 Sec. 7. All state officers, and boards of officers, and the officers Repor:" of 
 of all such institutions and buildings, as are now, or may hereafter state officers. 
 be required to make annual reports to the gentral assembly, or to 
 the governor, shall hereafter make such reports to the governor on 
 or before the twentieth day of November of each jear, and the gov- 
 ernor shall cause the same to be printed as soon thereafter as prac- 
 ticable, by the printer having the contract for this branch of the 
 public printing, and the governor shall lay before the general assem- 
 bly all such reports, in printed form, at the same time that he lays 
 before it his regular message. But nothing in this section, or in 
 this act, shall be held to modify, ia any respect, the existing laws 
 in relation to the annual report of the state board of agriculture. 
 
 CHAPTER XII. 
 
 TEACHERS' INSTITUTES. 
 
 An act to encourage teachers' institutes. 
 [Passed February 8, 1847, XLV ml. Stat. 67.] 
 
 Whereas, it is represented that, in several counties, associations 
 of teachers of common schools, called teachers' institutes, have been 
 formed, for the purpose of mutual improvement and advancement in 
 their profession, which, it is represented, have already accomplished 
 much to elevate the standard of common school instruction in their 
 respective counties ; therefore, in order to encourage sucli associa- 
 tions, and thus promote the cause of popular education. 
 
 Section 1 . Be it enacted hy the General Assembly of the State of 
 Ohio, That in the several counties mentioned in the fifth section, in 
 which such associations now exist, or in which such associations 
 shall be hereafter formed, it shall be lawful for the county commis- 
 sioners of said counties to appropriate the annual avails, or any part 
 thereof, of the fund provided lor in the third section of the act passed 
 March 19, 1848, entitled " an act declaratory of, and amendatory 
 to, an act entitled ' an act providing for the distribution and invest- 
 ment of this state's proportion of the surplus revenue,' " passed 
 March 28, 1837, for the purposes of such associations. 
 
 Sec. 2. The moneys so appropriated shall, upon the order of the 
 county auditor, be paid over to, and expended by the board of school 
 examiners of the proper county ; the one-half thereof, at least, to the 
 payment of suitable persons as instructors and lecturers to such asso- 
 ciations, and the balance to the purchase and support of a suitable 
 common school library, for the use of such associations. 
 
 Sec. 3. Every teacher of common schools of the county, and 
 every person of the county intending to become a teacher of common 
 schools within the next twelve months, shall have the right, without 
 charge for instruction, to attend the meetings of such associations, 
 and enjoy all their benefits. 
 
 Sec. 4. It shall be the duty of all the county boards of school 
 examiners, in the several counties mentioned in the fifth section, to 
 
 Preamble. 
 
 County com- 
 misaioners 
 may appropri- 
 ate annual pro- 
 ceeds of sur- 
 plus revenue. 
 
 Moneys to be 
 paid to lectur- 
 ers, and for 
 library. 
 
 Who shall 
 have a right 
 to attend the 
 meetings of 
 associations.
 
 44 
 
 to report to 
 secretary of 
 etate 
 
 County boards report, annually, to the secretary of state, duringf the month of De- 
 of examiners cember, the number of male and female tesichers examined by them 
 during the J ear, the number of certificates yiven, liuw many author- 
 ized the teaching of reading, wriiing, and arithmetic only ; and when 
 moneys shall have been received by virtue of this act, they shall 
 also report how it has b-^en expended, and with what results. 
 
 Seo. 6. This act shall be in force only in the counties of Ashta- 
 bula, Lake, Geauga Cujahoga, Erie, Lorain, Medina, Trumbull, 
 Portage, Summit, Delaware. 
 
 WILLIAM P. CUTLER, 
 Speaker of (he House of Representatives. 
 EDSON B OLDS, 
 
 Speaker of the Senate. 
 
 CHAPTER XIII. 
 
 An act to amend an act to encourage teachers' institutes, and to extend the pro- 
 vi^ion8 of the acts piovidintc for teachers' institutes, and county superinten- 
 dents, to the several counties of this state. 
 
 [Passed February 24, 1848, XLVI vol. Slat. 86.] 
 
 Former law Sec. 1. That the provisions of the act entitled " an act to encour- 
 
 made general, age teachers' institutes," and the act entiled " an act to provide for 
 the appointment of county superintendents of common f^chools. and' 
 defining their duties in certain counties iherein nam* d," pas-ed Feb- 
 ruary, 1847, be and the same are hereby extended to all the coun- 
 ties in this state. 
 
 Seo. 2. That the second section of the act entitled "an act to 
 encourage teachers' ins'titutes," passed February 8, 1 H47, is hereby 
 branes amend- so amended that all money used under the provisions of said sec- 
 ^^- tion, in purchasing libraries, shall be used in purchabing and sup- 
 
 porting suitable common school libr^iries, for the several common 
 school districts in the several counties in this state thnt may be in 
 possession of the funds named in the first s ction of this act. 
 
 JOSEPH S. HAWKINS, 
 Speaker of the House of Represeidatives. 
 CHAKLKS B. GODOaKD, 
 
 Speaker oj the Senate. 
 
 Former aot in 
 reference to li- 
 
 CHAPTER XIV. 
 
 An act to amend an act entitled " an act to encourage teachers' institutes," 
 
 passed February 8, 1847. 
 
 [Passed February 16, 1849, XLVIIvol. Stat. 19] 
 
 County com- SECTION 1. Be it enactfd hy the General A<isembly of the State of 
 
 missioDers Ohio, That the county commissioners of the s veral counties men- 
 
 "t'^^t^fn'^"^'^'' ^•'^^'^^ ^" ^^*^ ^^^ ^^ ^b' ^ ^^^^^ '^^ ^^ ame .dmtnt, sha 1 t)e anu they 
 are hereby authorized, at their June ses-ion in each year, when- 
 ever, for any cause, the sum of one hu'idred dollars s'lall not arise 
 from the means abd source as provided in thtj first section of the
 
 45 
 
 aforesaid act, to appropriate such sum as shall be sufficient to make 
 up said sum of one bunlred dollars, from any moneys in ihe county 
 treasury not otherwi^e appropria ed. 
 
 Sec 2. That in case there are no moneys at the disposal of the May levy a 
 said county commissioners, they are hereby authorized to levy a tax tax. 
 (in the usual manner) for the purposes named in the preceding section. 
 
 Sec. 3. That no part of the m mey appropriated by virtue of Money, how 
 this act, or of the act to which this is an amendment, shall be or- ^^^ for what 
 dered by the county auditor to be paid over, ex;ept upon the peii- ^PP''<'P"* * 
 tion of at l^ast forty practical teachers, who shall therein declare 
 their bona fide intention to attend such association within their respec- 
 tive counties, and who shall also, at the time of so petitioning as 
 aforesaid, be permanent residents of the county in which applica- 
 tion shall be made ; and whic'i payment and appropriation shall also 
 be approved and recommended in writing, indorsed upon said peti- 
 tion by the board of school examiners of such county. 
 
 Sec 4. Ttiat said sum of one hundred dollars, or any part Not to be paid 
 thereof, shall not be ordered by the county auditor to be pa-d over over until 
 as aforesaid, until said teachers shall have first raised and paid over, jfj^ifthe 
 or secured to be paid over, to said board of school eximiners, for amount asked 
 the purposes and benefit of such association, at least one-half of the for. 
 sum for which they shall so petition said county auditor, and which 
 payment, or security for payment, as a''ores^id, shall be made known 
 to said auditor by the receipt, or certificate '\\ writing of said board 
 of school examiners. 
 
 JOHN G. BRESLIN, 
 Speaker of the House of Representatives, 
 BREWSTER RANDALL, 
 
 Speaker of the Senate. 
 
 An act supplementary to an act to encourage teachers' institutes, passed Feb- 
 ruary 8, 1847, and the eeveral amendments thereto, passed April 5, 1851. 
 
 Section 1. Be it enacted hy the Oeneral Assembly of the State of 
 Ohio, That where an association of teachers of common schools, 
 called a teachers' institute, has been or may be formed by teachers 
 of two or more contiguous counties, the county commissioners of 
 each of said counties, are hereby authorized to appropriate for the 
 use of said association, a sum not exceeding one hundred dollars in 
 any one year, from any moneys in the county treasury not otherwise 
 appropriated. 
 
 Sec 2. The moneys so appropriated shall, upon the order of 
 the county auditor, be paid over to the committee of sad institute : 
 Provided, that no part of the money shall be ordered by the county 
 auditor to be paid over, except upon the p-tition of at least twenty 
 practical teachers, residents of the county in which appropriations 
 shall be made, who sha'l therein declare their intention to attend the 
 meeting of said association. 
 
 Sec 3 It t-hall be the duty of the officers of every such teach- 
 ers' institute to report at the close to the school examiners of the 
 proper county, the name of such teacher in attendance, the time of 
 attendance, and the amount naid for the use of the institute to the 
 state commissioner of common schools, within thirty days after every 
 meeting of the institute, an account of the moneys received and ex- 
 pended by them, and always to report such other matter relating to 
 the institute as the commissioner may require.
 
 46 
 
 Section sixteen 
 school lands 
 may be sold. 
 
 How vote of 
 the citizens 
 shall be taken. 
 
 Same subject. 
 
 Trcstees to pe- 
 tition court of 
 common pleus. 
 
 Court to ap- 
 point apprais- 
 ers. 
 
 CHAPTER XV. 
 
 SA.LE OF SECTION SIXTEEN. 
 
 An act to regulate the sale of School Lands and the surrender of permanent 
 
 leases thereto. 
 
 [Passed April 16, 1852. L vol. Stat. 168.] 
 
 Section 1 . Be it enacted hy the General Assembly of the State of 
 Ohio, That all those lands granted by the congress of the United 
 States for school purposes, known as section sixtiien, together ■with 
 all such as have been granted in lieu of said section sixteen, may be 
 sold, and such sale shall be regulated by, and conducted according 
 to, the provisions of this act. 
 
 Sec. 2.* In cases where there has been no vote taken for the 
 sale of any such land, the trustees of any original surveyed town- 
 ship to which such lands may belong shall, at least thirty days prior 
 to the taking of any such vote, cause not less than eight notices to 
 be posted up in as many of the most public places of such township, 
 notifying the legal voters resident therein to meet at some convenient 
 place and time therein specified, and then and there cast their bal- 
 lots for or against the sale of any such lands belonging to such 
 township ; and if such vote result in a refusal to sell said lands, the 
 trustees may, in the same manner, authorize the taking of a subse- 
 quent vote or votes as often as they may deem proper : Provided, 
 that no such subsequent vote shall be taken until one year shall 
 have elapsed since the last preceding vote. 
 
 Sec. 3. The trustees of the township shall preside at the taking 
 of such ballots, and shall appoint two clerks, who shall keep two poll 
 books, containing the names of the voters and the result of the 
 ballot, which poll books shall b? signed by the trustees and clerks ; 
 and in case such ballot shall result in favor of a sale, the trustees 
 shall, within ten days after such election, deposit one of said poll 
 books with the auditor of the county within which such lands (or 
 the gi eater portion thereof) may be situated, with a copy of the 
 notice given, and the affidavit of one or more of the trustees, stating 
 the manner of giving said notices, and the time and place of putting 
 up the same ; which notices, affidavit and poll-book shall be by said 
 auditor copied into a book for that purpose to be provided, and, when 
 so recorded, such record shall be proof of the facts therein stated. 
 
 Sec. 4. When such record has been made, the trustees of such 
 township to which said lands belong shall file a petition in the court 
 of common pleas of the county within which said lands (or the 
 greater portion of them) may be situate, setting forth the giving of 
 said notice, the taking of said ballot, the result of the same, the 
 filing and recording of the aforesaid papers in the office of the au- 
 ditor of the proper county, and asking the court to appoint three 
 disinterested freeholders, not resident of the township in which the 
 land may be situated, to divide and value the same in money. 
 
 Seo. 5. If such court shall be satisfied that the statements made 
 in the petition are true, the court shall appoint three persons to 
 
 * As amended March 21, 1861.
 
 47 
 
 divide and appraise the same, according to the prayer of such peti- 
 tion ; and said appraisers, after being first duly sworn before some 
 officer authorized to administer oaths, and taking to their aid, if they 
 think necessary, the county surveyor, shall proceed to divide said 
 lands into such parcels or tracts as, in their opinion, will be best for 
 the sale thereof, and return in writing such divisions, suitably num- 
 bered and described, to the said court, with a just valuation of each 
 separate division, in money. 
 
 Sec. 6. The couit, on such return being made, and having been ReturoB, etc., 
 by said court examined, and found in all things regular, just and to be recorded 
 fair, shall certify the same, and order the same to be entered of 
 record, together with the petition, and all the proceedings therein 
 had ; a copy of which the trustees shall cause to be filed in the office 
 of the auditor of the proper county, who shall copy the same into 
 a book containing the notice, affidavit, and poll book aforesaid, and 
 immediately following the same. 
 
 Seo 7. The auditor of the county, on the recording of said pro- County audi- 
 ceedings, shall forthwith cause a notice to be published in some ^?^ to adver- 
 newspaper of general circulation in said county, for six consecutive ^°' ^' 
 weeks before the day of sale ; and, at the same time, by posting up 
 copies of such notice in six of the most public places in said county, 
 two of which thall be in the township where the lands are situate, 
 and one at the court-house, containing a description of the lots or 
 lands to be sold, the valuation thereof, and the time when said land 
 shall be offered at public auction, by said auditor, at the door of the 
 courthouse, at not less than the appraised value thereof; one-twelfth 
 of the purchase-money to be paid at the time of sale, and the balance 
 in eleven annual installments, of equal amount, with annual interest 
 thereon ; and said auditor shall, at such time and place, proceed to 
 offer the same to the highest bidder, at or over the appraisement, 
 and on the terms stated in said notice. 
 
 Sec. 8. In case said lands, or any part thereof, shall not be sold Same, 
 as aforesaid, the auditor may continue to offer the same on the ap- 
 plication, in writing, of the trustees of the township to which said 
 lands may belong, at any future time or times, until they shall be 
 sold, having first given the like notices herein provided to be given 
 on the first sale thereof: Provided, that no sale shall be had on any 
 valuation made more than two years prior to the day of the sale. 
 
 Sec. 9. The court of common pitas aforesaid is hereby required, 
 on the petition of the trustees aforesaid, setting forth the former 
 appraisement and the subsequent proceedings thereto, and that two 
 years have elapsed, and the land remaining unsold, to direct a new 
 valuation of the same to be made in the manner hereinbefore directed, 
 unless said court, on testimony, shall be satisfied that the former ap- 
 praisement is a just and fair valuation of said lands ; in that case, 
 the court shall make an entry of the fact, whi^h entry shall be cer- 
 tified to, and recorded by the auditor, in manner aforesaid, and shall 
 have the same effect as a new appraisement. 
 
 Sec. 10, In case said lands are held under permanent leases, or 
 leases for ninety-nine years, the legal or equitable holder of any such 
 lease, wishing to surrender the same, and to purchase the fee of the leases, etc 
 premises so held by lease, may, with the consent of the trustees of 
 the original township to which such lands belong, file his petition in 
 the court of common pleas of the county in which the largest portion 
 
 Re-appraiae- 
 ment. 
 
 In cases of 
 permanent
 
 48 
 
 of such lands are situate, setting forth a description of the premises 
 so held, the state of his leasee, or his title thereto, that he is de&irous 
 of surremlerino; such lease and beconaing the owner of the premises 
 in fee, and asliinir the court to appoint three disinterested freeholders 
 of the county, and not resident of the township wherein such lands 
 are situate, to value the same; and the couit, on being satisfied of 
 the truth of the tacts set forth in such petition, shall appoint such 
 apprai^ets. who shall proceed, under oath, to make a just valuation 
 of the premises in money, without reference to the improvements 
 made thereon, under and by reason of said lease, and shall return 
 such valuation, in writing, to said court; and the said Ciurt, if it 
 shall be satisfied that said valuation is just, shall confirm the same, 
 and order it, with the petition and other proceedings therein, to be 
 recorded : Provided, that before the trustees of any original surveyed 
 township shall consent to the surrender of any lease, as provided in 
 this act, they shall cause the proposition tj be submitted to the 
 electors of said township, at an election to be held and conducted in 
 conformity to the provisions of the second section of this act ; and 
 if, at such election, a majority of the electors shall vote to such sur- 
 render, then, and not otherwise, said trustees shall consent to the 
 surrender, in manner and form as herein provided. 
 
 Same subject. Sec. 11. Any such lessee, on producing to the auditor of the 
 proper county, within one year after the making of the same, a 
 certified copy of such peliliun and appraisement, and confirmation, 
 shall be permitted, by endorsement thereon, attested by the auditor, 
 to release to the state of Ohio all his inierest, title, and claim, in 
 and to such lease, for the benefit of the township to which the same 
 may belong; which certified c ipy of said record and said release, 
 shall be recorded in a book for that purpose to be provided. 
 
 Sec 12. The purchaser of any such lands, at any auditor's 
 sale, or the lessee of any such land held under such lease, on exe- 
 cuting his release, as aforesaid, shall each, forthwith, pay to the 
 treasurer of the county one-twelfth of the purchase money in the 
 first case, and onetwelfih of the valuation in the second, and take 
 the treasurer's receipt therefor ; and the auditor, on receiving the 
 treasurer's receipt for said first installment, shall give to said pur- 
 chaser or lessee a certificate, containing the name of the purchaser 
 or lessee, a descriplicin of the premises, ihe number, amount, and 
 time ot payment of the subsequent installments, and that said pur- 
 chaser or lessee, their heirs or assigns, on tlie punctual payment of 
 the sums still due, with annual interest up to the time ot payment, 
 shall be entitled to receive a final certificate from such auditor : 
 provided, that such le-see shah produce to the auditor the certifi- 
 cate of the proper officer, that all rents due on such premises have 
 been paid up to the time of surrendering said lease. 
 
 SatT:e subject. Sec. 13. Any person wishing to pay any money under the pro- 
 visions of this act, in part or full payment of any such lands, shall 
 first obtain the certificate of the auditor, of the amount due, or to 
 be paid ; and on the pretentation of the same, the treasurer is 
 authorized to receive the amount therein specified, and shall give 
 to the person paying the same a certificate, directed to the auditor, 
 of the payment of said sum of money ; and the auditor, on the 
 presentation of said certificate, shall give to such person a receipt 
 therefor, credit him with the amount in his books, and charge the 
 treasurer therewith. 
 
 Payments to 
 county treas- 
 urers, etc.
 
 49 
 
 Sec. 14.* The county auditor shall keep an account with the County audi- 
 county treasurer ol all sales made and leases surrendered, and tor to report 
 moneys paid thereon by each purchaser or lessee, and shall make a ^or^of etate.^ 
 report of the same to the auditor of state on the first day of Feb- 
 ruary, May, August and November, in each and every year, which 
 report shall distinguish between the amount paid in as principal, 
 and the amount paid in as interest, and from the time of such re- 
 port the state shall be liable to pay interest on all such sums of 
 principal so reported as paid, and the treasurer of state, on receiv- 
 ing a certified copy of the account from the auditor of state, shall 
 be authorized immediately to draw said money paid in as principal, 
 from the county treasurer ; and the amount so reported as interest Interest ap- 
 shall be retained in the county treasury and apportioned to the portioned, 
 several civil townships and parts of civil townships in the original 
 >=urveyed township, or fractional township to which said land be- 
 longs. 
 
 Sec. 15 If any such purchaser or lessee shall fail to make any in case of fail- 
 payment on any tract of land, for the space of twelve months after ure of pur- 
 the time the same shnll become due and payable, the auditor of the chaser to pay, 
 proper county shall forthwith proceed to sell such tract or tracts of ^^P^^^° '^^J^' 
 land, with all the improvements thereon, at the door of the court- ' 
 house, to the highest and best bidder therefor, in cash, having first 
 given notice of the time and place of such sale, containing a de- 
 scription of the lands, and the money due and to become due 
 thereon, by publishing the same in some newspaper of general circu- 
 lation in said county, for six consecutive weeks before the day of 
 sale ; and on such sale, no bid shall be entertained for a sum which 
 will not be sufficient to piy all the purchase money due the state, 
 and all expenses incident to such sale ; and in case the said prem- 
 ises can not be sold for that amount, thpy shall revert to the state, 
 in trust for said township, and be sold in the manner hereinbefore 
 provided for the sale of such lands not under permanent leases, or • 
 leases for nintey-nine years. 
 
 Sec. 16. When said lands selh as aforesaid, the purchaser Purchaser ti 
 shall pay to the treasurer of the county the amount so bid for said reaeive certifi- 
 premises ; and on producing to the auditor the treasurer's receipt °^**" 
 for such payment, the auditor shall give hiaa a final certificate, 
 stating the tact of such sale, the name of the purchaser, the de- 
 scription of the lands sold, the amount for which sold, the payment 
 of the same, and that the purchaser is entitled to receive, from the 
 stale of Ohio, a deed in fee simple for the same, on producinf^ to 
 the proper officer this certifijate. 
 
 Sec. 17. When any purchaser or lessee, their heirs or assignees. Final eertifi- 
 shall have made payment in full, the auditor shall give to such per- <'*'^' 
 son a final certificate, containing, in addition to the former one, the 
 fact of the payment in full, and that said person is entitled to re- 
 ceive, from the state of Ohio, a deed in fee simple for siid premises, 
 on the presentatioa of this ceriificite to the proper officer or offi- 
 cers. 
 
 Ssp. 18. The auditor of state, upon the filing of any such final Deed from the 
 certilicate in his office, shall make out the draft for a deed therefor, state, 
 and dehver the same, with such final certificate, to the goveror of 
 
 » As amended April 12, 1853.
 
 50 
 
 the state, who shall f-ign said deed, and cause the same to be sealed 
 W'iih the gre it seal ol ibe state, and by him delivtred to the grantee, 
 on d< mand. 
 Excfss of mo- Sec. 1 9. All excess of moneys made on any sale of delinquent 
 ney, how dis- ]ai ds as a''o)esai(l, alter pajing all sums due, ioterest and costs, 
 posed ol. gjjjjji ^^ pa\d, on demand, to such delinquent owner, his heirs or 
 
 assigns, frum the cuuniy treasujy, on the order of the auditor, if 
 such demand be made witliin one 3 ear from the time of such sale ; 
 and if not so demanded, it shall be p^id into the state treasury ; and, 
 unless the same shall be demanded within one year after ti.e same 
 shall have been paid imo the state treasury, it shall be applied for 
 the same uses as ihe lands are suViject to. 
 Fees. ?E0. 20. The fees for services und( r this act shall be as follows : 
 
 The court shall lax such fees on any petit on filed in the same, as 
 are allowed for similar services on proceedings in chancery. The 
 county auditor to be allowed one dollar and tiky cents on each sale 
 made by him ; for each cerliticate, fifty cents ; lor each receipt, six 
 cents, to be paid by the purchaser, and the same fees for recording 
 as is allowed to county recotders, to be paid out of the first moneys 
 paid in as interest or rents, on such sale or surrender. All printers* 
 lets for advertising, shall be paid out of the county treasury, on the 
 order of the auditor, and refui.ded out of the first moneys received 
 on such sale, as interest or rents. The cost in court shall, in case 
 of a peii'ion by the trustees, be paid out of the county treasury, on 
 the order of the county auditor, and refunded out of ihe first moneys 
 received from the sale, as int<rest or rents ; in case of a lessee being 
 petitioner, all costs shall be paid by him. 
 Acts repealed. Sec. 21. The act entitled "an act to provide for the sale of 
 section sixteen, granted by congress ftr the use of schools," pisoed 
 January 29, 1827; the act entitled "an act to extend the time of 
 payment to purchasers of school lands in this state," passed Janu- 
 ary 3, 1843 ; the act entitled " an act to regulate the sale of minis- 
 teiial and sciiool lands, and the surrender of permanent leases 
 thereto," pas ed February 2, 1843; the act entitled "an act to 
 amend an act entitled an act to extend the time of payment to pur- 
 chasers o< school lands in this state," passed Marsh 6, 1844 ; the 
 act entitled " an act to amend the act to regulate the sale of minis- 
 teiial and school lands, and the surrender of permanent leases 
 thereto, passed February 2, 1843, passert March 12, 1844 ; the act 
 entitled " an act to fix the minimum price of the sales of school 
 lands," passed March 4, 1845; and " the act entiled "an act to 
 amend an act entitled an act to extend the time of payment to pur- 
 chasers of school lands in this state, and an act amendatory thereto," 
 passed February 1, 1847, be, and the same are hereby repeahd : 
 pr>>vided, such repeal shall not impair, or in any manner atiect any 
 rights or interests acquired under aiiy of said acts.* 
 
 JAMES C. JOHNSON, 
 Speaker of the House of Hepresentutives. 
 WILLIAM MEDILL, 
 Freaident of tlie Senate. 
 
 • An act to provide for llie nppoiittment of Register of the Virginia Military 
 School iaiidi, was passed Frtjruaiy 2i, iS'y2, 5it v Stat li 8. An lo ihe sale of 
 WtKttrn Ktssrve school lands, ste" 4G v. fatat. 38 ; 47 y. Local Lawa, 2.i2 ; 48 7. 
 btul. 53.
 
 51 
 
 CHAPTER XVI. 
 
 An act to confirm sains mide by the trus'ees of the civil townships of seolion 
 elxtcea, aud other laods granted by cougress in lieu thereof, to purch-sura. 
 
 [Passed April 5, 1856, LIU vol. Stat. 63.] 
 
 Whereas, in many counties of the state of Ohio, ihrouoh misap- Prewnbla. 
 prehension of aa act entitled " an act to regulate the sale of minis- 
 terial and school lands, and the surrender of permanent leases 
 thereto," passed February 2, 1843 ; also of an act entitled '• an act 
 to regulate the sale of school lands and the surrender of permanent 
 leases thereto," passed April 16, 1852, the trustees of the civil 
 townships have sold section sixteen to various purchasers, who have 
 purchased said lands in good faith, have paid the purchase money 
 and taken possession of said lands, and in many instances made 
 large improvements on the same ; therefore, in order to cure the 
 defects in the titles of such purchasers to such lands, and to quiet 
 them in the possession thereof. 
 
 Section 1. Be it enacted bi/ the General A isemlli/ of the State of Title con- 
 Ohio, '1 hat such sales of section sixteen in the original surveyed firmed, 
 townships or fractional townships, and all sales of land granted by 
 the congress of the United States in lieu of said section sikieen, 
 which have been m^de otherwise in conformity with the provisions 
 of the acts recited in the foregoing preamble, be, and the SHme are 
 hereby confirmed ; and such purchasers and ihtir assignees and 
 heirs at Uw shall hold the purchases so by them made by a title as 
 good and valid as though the proceedings for such sale \\m\ been 
 instituted by the trustees of the oiiginal suiveyed or fractional town- 
 ships. 
 
 N. 11. VAN VORIIES. 
 Speaker of the House of Representatives. 
 THOMAS H. FORD, 
 President of the Senate. 
 
 An act to regulate the sale of minioterial and sehnol lands, and the surrender of 
 permanent leases thereto, passed March \i, IfcCl. 
 
 Section 1. Be it enacted by the General Assembly of the State of 
 Ohio, That all those lands, granted by the congress of the United 
 States for religious purposes, known as section twenty-nine, may be 
 sold or the permanent leases thereto surrendered, and that said 
 sale or surrender shall be regulated by, and conducted according to 
 the provisions of an act to regulate the sale of school Innds. and ihe 
 surrtnder of permanent leases thereto, passed April 16, 1862 
 
 Sec 2. That section sixteen, donated and set apart for the sup- 
 port of schools, and section twenty-nine for the purpose of relii^ion, 
 or lands granted in lieu of either, by the directors of the Ohio Com- 
 pany, on the 7th day of January, A. D. 1796, in the fjllowing 
 original surveyed townships within the Ohio Company's purchase, 
 to wit : township number eight, in range number twelve; township 
 number seven, io range number thirteen ; township number eleven, 
 in range number fourteen; township number tliirteea, in range 
 number fifteen ; and townships number eight, nine, ten, eleven.
 
 52 
 
 twelve and thirteen, in range number sixteen, may be sold, or the 
 leases thereto, -whether permanent or otherwise, surrendered, and 
 that said sale or surrender shall be regulated by, and conducted 
 according to, the provisions of the act referred to in the first section 
 of this act, and the lessees of any of said lands holding leases for 
 any term less than ninety-nine years, shall be permitted to surren- 
 der their said leases in the same manner, and be entitled to all the 
 benefits of the said act as if their leases were for ninety-nine 3 ears. 
 Sec. 3. This act to be in force from and after its passage. 
 
 Fund estab- 
 lished, etc. 
 
 Auditor of 
 state the su- 
 perintendent 
 
 And how to 
 keep account 
 of funds from 
 sale of school 
 lands. 
 
 Irreducible. 
 
 Rate of inter- 
 est ana ac- 
 count thereof. 
 
 Pledge for its 
 payment. 
 
 CHAPTER XVII. 
 
 SCHOOL FUNDS. 
 
 An act to establish a fund for the support of common echools. 
 [Passed March 2, IQ31. Took effict June 1 , 1831 . XXIX vol. Stat 423.] 
 
 Section 1 . Be it enacted hy the General Assembly of the State oj 
 Ohio, That there is hereby constituted and established a fund, to be 
 designated by the name of " the common school fund," the income 
 of whicb shall be appropriated to the support of common schools in 
 the state of Ohio, in such manner as shall be pointed out by law ; 
 of which fund the auditor of state shall be the superintendent, until 
 otherwise directed by law. 
 
 Sec. 2. That whenever, and so often, as any moneys shall be 
 paid into the state treasury, arising from tbe sale of any lands which 
 heretofore have been, or hereafter may be, appropriated by congress, 
 for the use or support of schools in any original surveyed township, 
 or other district of country, in this state, the auditor of state shall 
 forthwith open an account, in a book or books to be provided for 
 that purpose, and shall pass the said monej s to the credit of such 
 township, or other district of country ; which said money shall con- 
 stitute an irreducible fund, the proceeds accruing from which shall 
 be paid over and appropriated, in the manner which shall be pointed 
 out by law, for the support of common schools within the township, 
 or other district of country, to and for no other use or purpose what- 
 ever. 
 
 Sec. 3. That all moneys paid into the state treasury as afore- 
 said, shall bear an annual interest of six per centum ; which inter- 
 est shall be cast from the time of the payment of any principal sum, 
 up to the first day of January, next succeeding such payment, and 
 on the first day of January, aunually, thereafter ; and where the 
 same has not been done, the auditor ot state shall, in a book or books 
 to be prdvided for that purpose, open an interest account with every 
 township, or other district of country, to which a credit in the irre- 
 ducible fund aforesaid shall have been passed ; and he shall, in 
 such book or books, keep accurate accounts of the accrual and dis- 
 bursement of all interest accruing from such fund, so as aforesaid 
 belonging to any township or district of country ; and the faith of 
 the state of Ohio is hereby pledged for the annual payment of the 
 interest aforesaid, to the person who, and in the manner which, 
 shall be pointed out by law ; which said interest shall be appropria-
 
 ^ 53 
 
 ted and expended for the support and maiatenance of common Its appropria- 
 schools within the township, or other district of country, entitled as ''^°°' 
 aforesaid to the same. 
 
 Sec. 4. That for the payment of any interest that shall have Order therefor 
 accrued, and be payable to and for any township, or other district ^^^ payment, 
 of country as aforesaid, the county auditor of the proper county 
 shal', annually, on or after the first day of January, draw an order 
 on the treasurer of state, in favor of the treasurer of the proper 
 county, for the interest which shall ba payable in such county ; and 
 upon such order being presented to the auditor of state, he shall 
 thereupon certify an abstract of the amount of interest payable to 
 each township, or other district of country, in such county ; and 
 thereupon, on presentation of said order, the treasurer of state shall Receipt, etc. 
 pay the amount of interest appearing by said abstract to be due ; 
 and the said county treasurer, or the person presenting said order 
 for him, shall indorse on said order a receipt for so much as shall 
 be paid thereon, and shall also sign a duplicate receipt, which shall 
 be lodged with the auditor of state, who shall credit the state treas- 
 urer therewith, and charge the several items constitutmg the aggre- 
 gate of such abstract, to the proper township, or other district of 
 country ; and the money so drawn, shall be paid out by the county Distributioa. 
 treasurer, on the order of the county auditor, in the proportions 
 established by law, to the proper person or persons in each school 
 district authorized to receive the same. And in all cases in which 
 a county line shall divide any original surveyed township, or frac- 
 tional part thereof, the interest, payable in such township, shall be 
 received and disbursed in manner aforesaid, by the treasurer of the 
 county wherein the greatest quantity of land belonging to such 
 township shall be situate ; but if it be uncertain in which county the 
 greatest quantity of land in such township be situate, then the said 
 interest shall be received and disbursed by the trea urer of the old- 
 est county in which any part of such township shall be situate. 
 
 Sec. 5. That whenever any donation or devise shall be made, Donations and 
 by gift, grant, last will and testament, or in any other manner what- bequests to 
 ever, of any estate, either real, personal, or mixed, to the state of vestm com- 
 Ohio, or to any person, or otherwise, in trust for the said common fuQ^g^ete 
 school fund, by any individual, body politic or corporate, the same 
 shall be vested in said common school fund ; and whenever the 
 moneys arising from such gift, grant, or devise, shall be paid into 
 the state treasury, the proper accounts thereof shall be kept, and 
 the interest accruing therefrom shall be appropriated according to 
 the intent and design of such donor, grantor, or devisor. 
 
 Sac. 6. That there shall be constituted a fund for the support of General ii-.na 
 common schools, which shall belong, in common, to the people of e&tabllshed. 
 this state ; which shall consist of the net amount of the money which Of what to 
 heretofore has been, or hereafter may be, paid into the state treas- cousisi. 
 ury, from the sales of the lands commonly called the salt lands, and 
 such donations, legacies and devises, as may be made to such fund, 
 or to any person or persons, in trust for the same. And the state State pledged 
 of Ohio is hereby pledged to pay the interest, annually, on any and for the inter- 
 all sums of money which shall have been, or may herealter be, paid *^^''- 
 into such treasury, from the passage of this act, or the receipt of 
 such money into tiie treasury aforesaid ; and the interest arising as interest fund- 
 aforesaid, shall be funded annually, until the first day of January, ed until 1S35. 
 in the year eighteen hundred and thirty-five ; after which time the
 
 54 
 
 Bow distribu- 
 ted afterward 
 
 said interest sliall be annually distributed to tlie several counties in 
 this slate, in proportion to the number of white male inhabitants 
 above the age of twenty-one years, as by law shall be ascertained, 
 for the apportionment of repiesentalives ; and the proportion of in- 
 terest, due to each and every such county, shall be distiibuted for 
 the support of common schools, in the respective counties, in the 
 manner prescribed in the act (o provide for the support and better 
 regulation of common schools. 
 
 [The balance of the chapter is probably superseded by the act 
 organizing the sinking fund. The provisions are retained in Swan's 
 Revised Statutes. 
 
 It is also questionable whether the slate common school fund, 
 organized in section 6, is in existence. If so, the act of March 6, 
 1844, adds to it " all moneys arising from licenses to pedd]er>', all 
 moneys aiising from auction duties, or licenses to auctioneers, except 
 in the county of Hamilton ; and all fines and penalties collected 
 under the laws relaiing to each of said funds ;" but the same act 
 limits the fucd, however derived, to $200,000. 
 
 The doubt grows out of the language of section 63 of the general 
 school f ct (chapter I, ow/e), namely: "The state common school 
 fund shall hereojter consist of such sum as will be produced by the 
 annual levy and assessment of one mill and one-half mill on the 
 grand list of taxable property," etc. The late revisers. Swan and 
 Cu(wen, regard those piovisions as yet in force, and the repeal is 
 exclusively by implication. The following act stands on the same 
 footing :*] 
 
 Proceeds of 
 ealee of swamp 
 lands to be 
 added to the 
 cjmmon 
 Bcbool fund. 
 
 CnAPTER XVIII. 
 
 An act to increase the geteral fund for the support of common schools, estab- 
 lished by the sixih seciion of the actio establL^h a fund for the support of 
 c:iEu:oii schools, passed March 2, lb51, by the appropriation of the proceeds 
 of the swamp lands to that lund. 
 
 [Passed March 24, 1849, XLlXvol. Stat. 40.] 
 
 Section 1 . Be it aiaded ly the General 'Assembly of the State of 
 Ohio, That the net proceeds which may hereafter be paid into the 
 state treasury, from the sales of swamp lauds granted to the state 
 of Ohio, by act of congress, passed September 28th, 1850, be and 
 the same is heieby appropriated to the general fund for the support 
 of common schools ; and the s'ate of Ohio is hereby pledged to pay 
 the interest, annually, on any and all sums of money which may be 
 paid into the slate tieasury, from the sales of said lands, from the 
 receipt of such money into the treasury aforesaid ; and tlie interest 
 arising as afoiesaid, shall be funded annually, until the first day of 
 January, in the year eighteen hundred and tifty-five ; after which 
 time the said interest shall be annually distributed to the several 
 counties in this slate, in proportion to the number of white male in- 
 habitants above the age of twenty-one, as by law shall be ascer- 
 tained, for the appor ionment of represen atives ; and the proportion 
 of interest due to each and every such county, shall be disir.buted 
 for the support of common schools in the respective counties, in the 
 
 •See Swan's iievised Statutes, b53-4.
 
 55 
 
 manner prescribed in the '* act to provide for the support and better regulation 
 of commoa schools." 
 
 JOHN F. MORSE, 
 Speaker rf ike House <>f R^nretentadves. 
 CIL\ilLES CONVEKS. 
 
 Speaker of the Senate. 
 
 CHAPTER XIX. 
 
 THE IRREDUCinLE 0R SPECIAL SCnOOL FUNDS. 
 
 These now constitute a capital of §2,041 056.* the proceeds of specifi'i aporo- 
 prialiuns of hnds by cono;ress for school purposes, upon which ihc slate treasury 
 pays an annu il interest of six per cent. This income is not distributt^d bv a uni- 
 form rule, however. Those territorial divisions of the state, known as the Virginia 
 Mihtary District, United Scates Military District, and Conneclicu'. Western Reserve, 
 are each entitled to receive the income of the school fund so desi:^nated, in propor- 
 tion to the whole number of youth therein, whde in the remainder of the state, the 
 rent of section sixteen, or the interest arising from the proceeds of its sale, is paid 
 exclusively to the inhabitants of the original f^urveyftd townships. The whole 
 number of youth of sch' ol age in the Virgin a Military District, for instance, con- 
 stitutes the divisor of ihe entire income, tlms afibrding an obvious method of dis- 
 tribution to the counties ; while a similar calculation must attend the apportionment 
 to the respective townships of the proceeds of section sixteen. Besides the incon- 
 venience from this state of things, there is produced a great inequality of benefit. 
 One township ra^y receive a lar^je s^um — their section of land having been fortu- 
 nately located or judiciously sold — while an adjacent township receives a mere 
 pittance. Siill, it is doubt'ul whether there is any remedy for this inequality. In 
 Indiana, an attempt was recently male to consolidate these township funds, dis- 
 tributing their income equ illy throughout the state ; but the supreme court of the 
 state decided that such a measurf; was a violation of the trust created by the tenure 
 of these lands from congress, or (to reverse the injanoiion of the Ohio constituion) 
 that "the income ari-ing therefrom" was not "faithfully applied to the specific 
 obj«( ts of the original grants or appropriations." 
 
 Tiie ground upon which the diversity in the application of these funds rests, 
 will mure fully appear by a brief synopsis of the original grants or appropriations ; 
 for, at the first glance, ii excites surprise th-it such an inconguity should be suflfered 
 to continue in the condi ion of our school funrls. 
 
 The ordinance of the continental congr-ss whii;h first provided for the disposition 
 of lands northwest of the river Ohio, was passed May 20ih, 1785, and resulted in 
 the survey of the s'-ven ranges, which are bounded on the nonh by a line drawn 
 due west from the Pennsylvania state line, where it crosses the Ohio river, for the 
 distance of forty-two miles ; thence south to the Ohio river at the southeast corner 
 of M,\rietta township, and thence up the river to the place of beginning. This 
 tract comprises all of JefiVrson, Harrison, Belmont and Monroe counties, most of 
 CajroU, and small potiions of Columbiana, Tuscarawas, Gu( rnsey, Noble and 
 WrtslJngton, along th ir easternboundari-^s. The ordinance of 1785, among other 
 reservaiions, withheld fr >m sale •' Lot No. 16, of every township, /or the main- 
 tenance oj public sch)cls within the said township." 
 
 The contracts first executed with the Ohio Company included the entire territory 
 betweeri the west line of the seven ranges, the Ohio and Sjioto rivers, and the 
 northern boundary of the tenth township from the Ohio river extended westwardly 
 to the Scioto. The last mentiune;) boundary would now be a line pasfing through 
 
 •1854.
 
 56 
 
 the centre of Coshocton county, and including the southern tiers of townships in 
 Tuscarawas and Knox counties. The government stipulated, and the company 
 agreed, that "the Lot No. 16, in each township, be given 'perpetually for the pur- 
 2)0S€S contained in the said ordinance of the 20th of May, 1785." The purchase of 
 the Ohio Company was finally restricted to a tract bounded on the south by the 
 Ohio, east by the seventh range of townships, by the western line of the fifteenth 
 range of townships on the west, and a line on the north so drawn as to make seven 
 bundled and fifty thousand acres, exclusive of reservations. The company finally 
 became possessed of 964,285 acres, lying along the Ohio river, and now including 
 Meigs and Athens, most of Washington and Gallia, and adjacent fractions of 
 Morgan, Hocking, Vinton and Lawrence counties. 
 
 The reservation in the Symmes' Purchase was likewise expressed, "of Lot No. 
 16, (or the purpose mentioned in the land ordinance of the 20th of May, 1785." 
 Symmes' contract was originally for a million of acres between the Great and 
 Little Miami, but the tract finally conveyed in 1794 was bounded on the north by 
 a line connecting those streams, a little above Lebanon, in Warren county, and 
 contained 311,682 acres. 
 
 In 1802, congress pasised an act authorizing the organization of the State of 
 Ohio, and, among other inducements for a provision exempting lands sold by the 
 United States from taxation for a period of five years, proposed "that the section No. 
 16, in every township, and where such sections had been si Id, granted, or disposed 
 of, other lands equivalent thereto, and most contiguous to the same, shall be 
 granted to such township for the use of schools." 
 
 So far, certainly, the language of grants seems to imply separate township 
 funds, but the next stage of tLe question recognizes a diflferent kind of dedication. 
 The Ohio convention accepted the proposition of congress, but with an important 
 condition, as follows : " Provided, the following addition to, and modification of 
 the said propositions, shall be agreed to by the congress of the United States, viz : 
 that in addition to the first propcsition securing the said section, number sixteen, 
 in every township within certain tracts, to the inhabitants thereof, for the use of 
 schools, a like donation, equal to the one thirty-sixth part of the amount of the 
 lands in the United States Military Tract, shall be made for the support of schools 
 within that tract ; and that the like provision shall be made for the support of 
 schools in the Virginia Reservation, so far as the unlocated lands in that tract will 
 supply the provision aforesaid, after the warrants issued from said state have been 
 satisfied ; aud also that a donation of the same kind, or 'such provision as congress 
 shall deem expedient, shall be made to the inhabitants of the Connecticut Reserve ; 
 that of all the lands which may hereafter be purchased of the Indian tribes by the 
 United States, and Ijing within the State of Ohio, the one thirty-sixth part shall 
 be given, as aforesaid, for the support of public schools; that all lands before 
 mentioned to be appropriated by the United States for the support of schools, shall 
 be vested in the legislature of said state, in trust, for said purpose " 
 
 Congress, by act of March 3, 1803, assented, enacting (section one) that the 
 tracts tlierein described were "appropriated for the use of schools in the state, and 
 shall, together with all the tracts of land heretofore appropriated for that purpose, 
 be vested in the legislature of the state, in trust, for the use aforesaid, and for no 
 other use, intent, or purpose whatever." The same section proceeds to grant 
 eighteen quarter townships, or one thirty-sixth of the lands in the United States 
 Military L>isiiict, "for the use of schools within the same;" secondly, fourteen 
 quarter townships, also situated in the United States Military Diitrict, " for the 
 use of schools in that tract commonly called the Connecticut Reserve ;" thirdly, 
 so much of the Virginia Military Reservation, to be selected by the Ohio legisla- 
 ture from unlocated lands therein, as would amount to one thirty-sixth of the whole 
 tract ; and fourthly, (which is the last clause of the first section,) " one thirty-sixth 
 part of all the lands of the United States lying in the state of Ohio, to which the
 
 67 
 
 Indian title is not exlinguisbed, which may hereafter be purchased of the Indian 
 tiibes by the United States, which ihirtj -sixth part shall con6i^t of section sixteen 
 in each township, if the said land shall be surveyed in townships of fcix miles 
 square, and shall, if the lands be surveyed in a different manner, be designated 
 by lots." The second section declared " that the several appropiiations for schools 
 made by the preceding section" were "in conformity to, and in consideration of, 
 the conditions agreed on by the state of Ohio, by the ordinance of the convention 
 of the said state, bearing date the 29th day of November, 1802." 
 
 Whatever may be the construction of the ordinance of 1785, of the subsequent 
 contracts with the Ohio Company and John Cloves Symmes, and of the seventh 
 section of the act of congress of April 30, 1802, there seems to have been no ques- 
 tion as to the meaning of the Ohio convention and of congress, in regard to the 
 school lands appropriated for the United States Military District, the Virginia 
 Military District, and the Connecticut Western Reserve. But if the proceeds of 
 these grants can be properly treated as a single fund, the income of which may be 
 distributed equally to the youth of school age in the respective districts, why may 
 not the grant of one thirty-sixth of the lands to which the Indian title was unex- 
 tinguished in 1 802, be disposed of in the same manner ? That portion of the state 
 which might be denominated the Greenville Treaty District, from the well-known 
 boundary which then separated the Indian Territory from the lands ceded in 1795 
 to the United States, can readily be identified on any map of the state, and is re- 
 cognized by the fourth clause of the first section of the act of congress, passed ia 
 compliance with the resolution of the Ohio Constitutional Convention, to be as 
 distinctly a separate district, for the purpose of a grant of school Unds, as the 
 Virginia Military or other special districts. If the funds arising from the donations 
 to the latter can be legally consolidated, and their incomes distributed fer capita, 
 no good reason appears why all the counties between the United States Military 
 District and the Western Reserve, and northwest of the old Greenville line-- in- 
 cluding Wa\ne, part of Holmes, Ashland, Richland, part of Morrow, Marion, 
 Hardin, Union, Logan, Shelby, Mercer, Crawford, Seneca, Sandusky, Ottawa, 
 (except one township in Western Reserve,) Lucas, Wood, Hancock, Auglaize, 
 (except part of one township in Virginia Military District,) Alkn, Putnam, Henry, 
 Fulton, Williams, Defiance, Paulding and Van Wert counties — should not be 
 placed on an equal footing as to the enjoyment of a school fund arising from the 
 sale or lease of section sixteen ; although, if the rest of the state, whose donations 
 are of an older date, are permitted to receive these proceeds by the rule of town- 
 ship distribution, it may be inexpedient to make any change in the existing system. 
 These particulars are not offered as the fouadation of any recommendation to that 
 effect. The subject is too much environed by difficulties, and these have been too 
 fully considered by the general assembly, to warrant any change, unless upon 
 greater consideration than the undersigned has been able to give to the su^^ject. 
 
 By act of March 2, 1807, congress appropriated eighteen quirter townships and 
 three sections, to be selected by lot from lands lying between the United States 
 Military Tract and the Western Reserve, for the use of schools in the Virgiiua 
 Military Reservation — thus removinfj a restriction contained in the act of 1803, 
 which confined their selection to the Virginia Military District. In return the state 
 of Ohio released to the United States the thirty-sixth part of the tract first desig- 
 nated, accepting the above grant in lieu thereof It may be well to add that the 
 Virginia Military District, (or the tract between the Scioto and Little Miami, re- 
 served by Virginia from her cession of the territory north-west of the Ohio river 
 for the sitisfaction of land bounties issued to her troops upon continental establish- 
 ment,) may be traced upon a township map of Ohio as follows : It includes the 
 whole of Adams, Brown, Clermont, Clinton, Fayette, Highland, Madison and 
 Union counties ; half of Hardin, or Taylorsville, Hale and Dudley townships, and
 
 58 
 
 a large portion of Uoundhead ; part of a single townsliip (Goshen) in Auglaize ; 
 one half of Logan, or Rush Cieek, Bokengehelas Cr ek, Jeifrrson, Ptiry, Z^ne, 
 and Goshen townships, with large fractions o! McArthur, Monroe, and Lake, and 
 a smaller portion of Stckes ; one quarter of Champaign, or Wajne, Rush and 
 Goshen townships, with a large part of Union, and a kss fraction of Siilem ; ihe 
 Horth-east and south-east ex remities of CJark, being the eastern portions of Pleas- 
 ant and Harmony and the soutliern portions of Madison and Greene townships ; 
 three-ft urths of Greene, or all of ihe county except Bath and Beaver's Creek 
 townships, ard those poiticns of Mifimi, Xenia and Miami which lie west ol the 
 Little Miami liver; two fifilis of Warren, or Hamilton, Salem, Washington, and 
 part of Wayne townships; a single township (Anderson) at ihe south-* ast angle 
 of Hami'ton ; two flYths of Scioto, viz : Nile, Washington, Uni. n, Brus-h Creek and 
 Morgan township* ; three-fifihs of Pike, viz : Camp Creek, Sunfish, Mifflin. Peiry, 
 Pebble, Bentcn, Peejee, and the west half of Jackson townships; two-thirds of 
 Ross, viz : Franklin, Huntington, Paxton, Scioto, Twin, Paint, Buckskin, Concord, 
 Union and Deei field townships; two-thirds of Pickaway, viz : Wayne, Det r Creek, 
 Perry, Jackson, Monroe, Muhlenberg, Darby and Scioto; seven of the nineteen 
 townships of Franklin, viz : Jackson, Pleasant, Prairie, Franklin, Norwich, Brown, 
 and Washington ; a narrow belt along the west lire of Delaware, to wit : the town- 
 ships of Thompson and Scioto, and a fraction of Concord; and finally, the two 
 Fouth-western townships of Maiion, viz : Green Camp and Bowling Gret n — to the 
 place of beginning "in a lar^e wet praiiie, or swamp," whence i ow, in oppos-ite 
 directions, the Scicto ard Great Miami towsrds the Gulf of Mexico, and the 
 Auglaize rorihwardly to its junciion with the Maumee cr Miami of Lake Erie. The 
 sale of the school lands allotted to the inhabitants of the Virginia Military District 
 occurred in pursuance of acts passed by the General Assembly in 1827 and 1828. 
 'Ihe United S:ates Military District, so frequently mentioned in the present 
 connection, was appropriated by an act of Congress, in 1796, to satisfy the land 
 bounties granted by the Continental Congress to the officers and soldiers of the 
 revolution. It was bounded as follows: "Beginning at the north «test corner of 
 the original seven ranges of townships, and running thence fifty miles due south 
 along the western bouiidaries of the said range ; thence due west with (to?) the 
 main branch of the Scioto river ; thence up the main branch of the said river to 
 the place where the Indian boundary line crosses the same; thence along the said 
 boundary line to the Tuscarawas branch of the Muskingum river, at the crossing 
 place above Fort Laurens; thence up said river to a. point where a line run due 
 west from the place of beginning will intersect the said river; thence along the 
 said line to the beginning." The language here quoted is from the act of June 
 1, 1796, and is geographically inaccurate, for when the old Greenville line (the 
 Indian boundary mtnlioned) reaches the site of Fort Laurens (near the village 
 of Calcutta, on the southern border of Stark, and of Bolivar, in Tuscarawas 
 counties) there is no need of ascending the Muskingum to reach a point due west 
 from the place of beginning. A few miles from the site of Fort Laurens, directly 
 east connects with the northeast corner of the seventh range of townships. The 
 act further directed this tract to be surveyed into townships of five miles square ; 
 and these were afterwards surveyed into quarter townships of two and a half 
 miles square, containing 4,000 acies each. Consequently the grant to the United 
 States Militaiy District of eighteen of these quarter townships, contained in the 
 act of 1803, amounted to 72 000 acres, or about one thirty fourth of the whole 
 extent of the district. The appropriation to the Connecticut Reserve, by the same 
 act, of fourteen quarter townships, or 56,000 acres, was, of course, inadequate ; 
 while the subsequent allotment of eighteen quarter townships and three sections 
 within this tract for the benefit of the Virginia [wiliiary District may have amounted, 
 together with other locations made between the Scioto and the Little Miami, from 
 1UU3 to 1807, to the proportion of one thirty-sixth of the lands in the latter tract
 
 59 
 
 The school lards originally g:ran(ed to the Fnited Stafes Military District 
 remained under lease umii 1827-8, when the inhabilants were aulhciized to vote 
 their consf nt to sell them, which was dore, and tlieir prccteds now cons'itute a 
 portion of the irreducible fund. The dii^trict entitled to a uniform divit-ion of 
 their yearly income may thus be designated on the map of Ohio: Tlie whole of 
 Coshocton county, and the following iraction?, greater or less, of the adjacent 
 counties : of Tuscarawas, all except *ost of "Warren and Union, and smaller 
 portions of Will and Rush townships; of Guernsey, all except Londonderry and 
 Oxford on the easfcrn, and Spencer on the southern border; of Noble, only sec- 
 tions 19, 20, 21 and 22, in township one, rsn^e one west of ihe seven ranges; 
 of Muskingum, whatever lies north of the latitude of Zanesville, viz., Union, Ptrry, 
 Washington, Falls, Hopewell, Highland, S.lem, Muskingum, Lacking, Monroe, 
 Adams, Madison, JetTerson and Jackson ; of Holmes, all but Washington and 
 Ripley, and portions of Prairie, Salt Creek, P^int, Knox and Monroe; of Licking, 
 all but Etna and Bowling Green, and parts of Union and Licking, which constitute 
 its southern border; of Knox, all but a narrow weHge extending from west to 
 east along the northern line of Middleberry and Berl n ; about half of Morrow, 
 viz., Chester, Bloomfield, Harmony, Bennington, Penn, L rcoln, Wesifield and 
 part of Franklin townships; most of Delaware, all except the narrow belc west of 
 the Scioto ; and of Franklin, the northeastern townships of Jefferson, Mifflin, 
 Clinton, Plain, Blendon, Sharon and Perry. 
 
 The donation of 56,100 acres for the use of schools on the Western Reserve 
 was probably ore thirty-six'h of the land east of the Cuyahoga river; but when, 
 in 1 805, the Indian title was extinguish*. d, by the treaty of "Fort Industry, on the 
 Miami of the Lake," east of the meridian line drawn from L:ike Erie along the 
 western limit of the Connecticut Reserve, and thence south to the Grtenville line, 
 it became the duty of Congress to furnish a di e proportion of School Land for the 
 remainder of the Reserve, which was estimated, by a memorial of the Ohio Legis- 
 lature, dated January 21, 1827, to bs 43,000 acres. It was not, however, until 
 June 19. 1834 that an act of Congress was passed, directing the President of the 
 United States lo reserve from sale public lands in Ohio sufTicient, in addition to 
 the grant of 18i 3, to constitute one thirty-sixth of the area of the Western Reserve 
 for the use of schools. Under this act it was ascertained that the State of Ohio 
 became entitled to 37,758 acres, most of which was located in the counties of 
 Defiance, Henry, Williams, Pau'ding, Van Wert and Putnam ; in 1848 the people 
 of the Western Reserve, by a vote authorized by the General Assembly, decided 
 in favor of their sale; in 1850 provisicm w-^^s made for the r appraisement and 
 sale, and the lands in queslien are now generally di^posed of. An income of six 
 per cent, upon their net proceeds is paid to the counties of Asht bula, Tiumbull, 
 Lake, Geauga, Pottage, Cuyahoga, Medina, Lorain, Huron and Erie ; to ten 
 townships of Mahoning', viz , Betl n, Ellsworth, Canfield^ Boardman, Poland, Mil- 
 ton, Jackson, Ausiintown, Youngstown and Coiisville ; lo all of Summit, except 
 Franklin and Greene townships; to three townships of Ashlfnd, viz, Ruggles, 
 Troy and Sullivan ; and the eastern extremity of Ottawa, consisting of Danbury 
 township, and a portion of the Bass Islands in Lake Erie. 
 
 Ihe Moravian School Fund is usually mentioned in financial and schocl reports. 
 Congress, at an early day, granted three tracts, of four tt ou-ai.d acres each, to 
 the society of United Brethren, for propagating the gospel among the hta'htn, in 
 trust for the Ciirisiian Indians of the Muskiigum. These tracts included the 
 missionary staiinns ol Schoenbrura. Gnadenhu'ten and Salem, in Tuscarawas 
 county, and were reconveyed in 1824 to the United Stales, in consideration of 
 certain provisions for the benefit of the society, and the reii nant of Indians then 
 surviving. By an act of Congress, passed the s^me year, the Stcrotary of the 
 Treasury was allowed to set apart, from the sale (f these lands, one lot, rot 
 exceeding one thirty -tixth part of each tract, the title beisg vtsied in ibe Legisla-
 
 60 
 
 ture of Ohio, in trust for the use of schools, in the same manner that other lands 
 have been printed for that purpose. 
 
 By a communication from tlie Auditor of State it appears that the total amount 
 of paymeuls into the State Treasury, on the 15th November, 1864, consiituling 
 the school trust fund, or the bulk of the "irreducible debt of Ohio," was as follows : 
 
 Virginia Military School Fund - $150,150 85 7 
 
 U. States " " " • 120,272 12 
 
 Western Reserve " " 242,818 00 3 
 
 Section Sixteen " " 1,527,940 98 1 
 
 Moravian " " 2,8/3 97 
 
 $2,044,055 93 1 
 
 As before stated, the State receives these funds as a perpetual loan, and pays 
 an annual interest of six per cent, thereon, for distribution in the localities entitled 
 to the proceeds. 
 
 A SYNOPSIS OF OTHER SCHOOL REVENUES — FINES, SWAMP LANDS, ETC. 
 
 A brief synopsis of If gislative provisions, with the dates of their passage annexed, 
 will indica e those pecuniary penalties which, by the neglect of school officers, are 
 frequently diverted from the use of schools, and which, it' an account were rendered 
 in the diSerent counties and townships of the State, might afford a considerable 
 fund of arrearaores. 
 
 The following is a list of the fines which the different acts whose dates are 
 given direct to be paid into the county treasuries, for the use of schools: 
 
 1. One dollar for the importation or sale of salt, without legal inspection, at 
 Cincinnati, Portsmouth, or Cleveland — February 3, 1840. 2. Not exceeding five 
 hundred dollars for procuring abortion — February 27, 1834. 3. One hundred 
 dollars by county treasurer for failing to make annual settlement with State trea- 
 surer — January 3, 1843. 4. Not exceeding one hundred dollars for wantonly or 
 maliciously opening inclosures — February 28, 1846. 5. Five dollars for every 
 hundred pounds of fish, except shad, mackerel or herring, sold without inspection 
 — March 9, 1831. 6. Five to fifty dollars for failing to bury or burn the oft'al of 
 fish, taken in the waters of this State, to the amount of one or more barrels — 
 March 9, 1831. 7. Five hundred dollars for keeping gambling instruments, aid- 
 ing in gambling, or becoming a common gambler — January 17, 1846. 8. Not 
 exceeding fifty dollars by county inspectors for receiving more than their prescribed 
 fees or buying condemned articles — Maich 9, 1821. 9. Not exceeding ten dollars 
 for obstructing the navigation of the Muskingum rivfer — March 1, 1834. 10. Not 
 exceeding ten thousand dollars by any officer or corporation who is in contempt 
 for disregarding orders of court in quo warranto procedure — March 17, 1838. 
 11. Fifty cents by manufacturers of salt for each barrel not drained and packed 
 according to law — April 30, 1852 12. One-half of amount received by county 
 auditors (the other half applied to agricultural fund by act of February 8, 1847) 
 for licenses of " any traveling show" — (further defined as "any natural or arti- 
 ficial curiosity, or exhibi.ion of horsemanship in a circus or otherwise, for any 
 price, gain or reward") — at not less than twenty nor more than fifty dollars ; 
 also, one-half of fines of one hundred dollars for exhibiting without such license — 
 auditor to apportion the above proceeds to the respective school districts (now the 
 townships and special districts) according to the number of youth therein — Feb- 
 ruary 28, 1831, amended by act of February 8, 1847. 13. The amount of any 
 debt or demand upon which any bank shall have taken illegal interest, less the 
 per centage of the prosecuting attorney, provided the debtor has not comnaenced 
 proceedings within six months from the transaction — 'March 19, 1850. 
 
 The fines payable to township treasurers for the use of schools are as follows : 
 
 1. Five to fifty dollars for unauthorized traffic near camp meetings — March
 
 61 
 
 26, 1041. 2, Ten dollars for allowing Canada thistles to mature on defendant's 
 land, and twenty dollars for knowingly vending any grass or other seed in which 
 there is any seed of the Canada thistle — March 6, 184}. 3 Divers penalties 
 under the act to restrain immoral practices, passed February 17, 1834, viz : One 
 to five dollars for Sabbath breaking ; five dollars for selling spitiiuous liqnors on 
 Sunday ; not exceeding twenty dollars fur disturbing religious meetings ; twenty- 
 five cents to one dollar for each offense, " if any person of the age of fourteen 
 years or upward shall profanely curse or damn, or profanely swear by the name 
 of God, Jesu^j Christ, or the Holy Ghost ;" fifty cents to five dollars for exciiiog 
 disturbance at a public meeting ; fifty cents to five dollars for playing bullets, 
 running horses, or shooting at a target in towns or villages ; ten to one hundred 
 dollars by any keeper of a public liouse or retailer of spirituous liquors who is 
 connected with a nine pin alley ; ten dollars "if any person or persons shall ex- 
 hibit any puppet-show, wire dancing or tumbling, jugglery or sleight of hand 
 within this state, and shall ask and receive any money or other property for ex- 
 hibiting the same ;" ten dollars for defacing any advertisement set up by author- 
 ity of law ; not exceeding one hundred dollars for bull or bear bailing and other 
 torture of animals ; not exceeding twenty dollars for any agency in '* the game 
 commonly called cock fighting ; one to five dollars "if two or more persons shall 
 run a match horse race or races in any public road in common use, for the pur- 
 pose of trying the speed of their horses ;" and if any justice of the peace fai. lo 
 pay over the above fines for immcral practices, he shall forfeit double amounts. 
 4. Five to fifty dollars for firing cannon or exploding more than five ounces 
 avoirdupois of gunpowder on public streets or highways, except in certain cases 
 — February 10. 1845. 6. One dollar for each muskrat killed between May 1 
 and October 15, "provided that nothing in this act contained, shall be construed 
 to prevent any person from destroying muskrats where the same shall be injurious 
 to works of a public or private nature" — "An act to protect the fur trade," 
 passed January 18, 1830. 6. Fifty dollars for unlicensed peddling — February 
 7, 1843. 7. Five to fifty dollars by manufacturers who compel any women or chil- 
 dren under eighteen years of age, or permit any child under fourteen years, to 
 labor more than ten hours iu any one day — March 19, 1852. 8. Twenty-five cents 
 to one dollar by owner of " habitually breachy or unruly animals," afier due no- 
 tice by township trustees, payable to " the treasury of the school district in which 
 d fendant resides" (now the township treasury) — January 17, 1840. 9. Five 
 to twenty-five dollars by any tavern keeper, grocery keeper, or other person, for 
 harboring any intoxicated Indian or Indians, " for the use of the school district" 
 —March 20, 1040. 
 
 By act of March 14, 1853, personal properly escheated to the state is appro- 
 priated to common schools. 
 
 In respect to the swamp lands granted by the general government to the west- 
 ern states, by the act of September 28, 1850, the all )tment to Ohio was only 
 25,720^^ J acres, while Indiana receives 1,286,827-i-Yo acres. Ttiis contrast 
 proves the extent to which Ohio lands are suscepiible of cultivation, or that the 
 designation of "swamp lands" has not been applied with much precision, or 
 governed by an uniform rule. 
 
 The legislation by the state of Ohio assumes that these lances are in a condition 
 unsuitable for tillage and deleterious to health, and the acts of March 2, 1853, 
 and April 25, 1854, oSer inducements for promptly reclaim'ng them. The audi- 
 tors of the counties in which they are situated, are required to advertise for pro- 
 posals to drain and reclaim such lands, and award the contract of drainage and 
 reclamation to the lowest responsible bidder. A previous section provide ■< for 
 the appraisement of the lands before they have been drained and reclaimed, and the 
 only means set apart by the act lo pay for such drainage consists of " said lands 
 lying in said county at the appraised value thereof." The first eight sections of
 
 62 
 
 the act of 1853 contemplate that, after the lands are reclaimed, they may be 
 taken a' Uie appraised value bef( re rec'amaion lo ihe amount of tbe contractor's 
 bid ; and then stciion 9 ; dds " thnt if aft r the said swamp or oveiflowed lands 
 of this stute, lying within any county, be drained or reclaimed as heiein provided, 
 there shall remain any of the said hnds undisposed of, it shall be the duty of the 
 county commissioners of such county to appraise the same, and make returns of 
 such appraisal as aforesKid ; upon the filing of such returns in his office, the said 
 county auditor is hereby authorized to sell ihe said lands at the appraised value 
 thereof to any applicant therefor, who will make an oath or aGBrmalion that it is 
 his inleniion to improve the same and make the same a permanent residence, or 
 that the snme adjoin to and are necessary to the proper improvement of lands 
 then owned and improved by such applic^nt, which said oath or affirmation the 
 said county auditor is hereby authorized to admini-ter ; and in all cases of sales, 
 as prescritied in this section, the said county auditor shall receipt to the purchaser 
 for the amount of money received, and describe therein the lands sold, which 
 said receipt, upon presentation and delivery to the governor, shall entile the pur- 
 chaser to a patent for such land ; provided that such of said swamp or over- 
 flowed latids as are incapable of being drained or reclaimed, may be sold without 
 the oath or affirma'i^n hereinbefore required. 
 
 Two years is the period fixed for the performance of these contracts of drain- 
 age, and when companies have been formed for the purpo e, the work done by 
 them may be estimated in money, and lands conveyed at the appraised value. 
 Section 10 finaly provides "that ail mi^neys received by said county auditor 
 upon all sales as aforesaid, shall be paid into the county treasury of ihe county 
 in which the lands so'd are situated, to reimburse the county for the expenditures 
 of draining and reclaiming said swamp or overflowed lands, and the residue, if 
 any tktre Lp, shall be paid by said county trea.i>urers into the state treasury for the use 
 of schools " Under these circumstances, it would be unreasonable to expect any 
 material addition to the resources of schools from a reversionary interest so con- 
 tingent.
 
 FOEMS. 
 
 MINUTES OF SUB-DISTRICT ELECTION. 
 
 Sub-District, No. — , 
 Tuwnship, County, Ohio. 
 
 , 18G— . 
 
 At a meeting of the qualified voters of said sub-district, was 
 
 appointed chairman, and secretary. 
 
 Whereupon, said voters proceeded to elect by brtllot, one director for said sub- 
 distiict, lor the terra of three years, and upon inspection of the several ballots 
 
 given at said election, it was found and publicly dtclared, that 
 
 was duly elected. 
 
 Secretary. Chairman. 
 
 NOTICE OF SUB-DISTRICT MEETING. 
 
 * Notice is hereby given to the quaMfied voters of sub district number — , 
 towns! ip, county, Ohio, that the next annunl eleciion for director 
 
 in said sub-district, will be held at the school-house in said sub-district, at 
 
 o'clock P. M., of the day of , 186—. 
 
 By order of the Directors, 
 
 Clerk. 
 
 OATH OF DIRECTOR. 
 
 On the — day of , 186 — , personally appeared — - — , and I 
 
 then and there administered to him the following unih [or affl'tnution) : 
 
 You, , do solemnly swear [or cffi^m) tliat you will support the 
 
 constitution of the United States, and ihe constuution of the stale of Ohio, and 
 that you will faithfully and impartially discharge the duties of director, in and for 
 
 said sub-district, number , township, county, Ohio, according 
 
 to law, and the best of your abilities. , 
 
 Director tn said sub district. 
 
 APPOINTMENT OF DIRECTOR BY TOWNSHIP CLERK. 
 
 , , 10—. 
 
 Whereas, , one of the directors in sub-district number , 
 
 » This notice ccBy be railed to serve for a special meeting under : to. 4, by omitting the oon- 
 olusion.
 
 64 
 
 townsliip, ■ county, Ohio, has resigned, [died, or refused to serve, <&c., as 
 
 the case may be ) 
 
 There'bre, 1 do appoint director in said sub-district, who shall hold 
 
 his office until the time of the next annual meeting. 
 
 Township Cleric of said Township. 
 
 SUB-DISTRICT MEETING— APPOINTMENT OF CLERK, <feo. 
 
 18—. 
 
 The directors of sub-district number , township, county, 
 
 Ohio, this day met, and were legally qualified as directors. 
 
 Whereupon, was appointed clerk of said district. 
 
 On motion, it was Hesolved, &c, , Clerk. 
 
 FORM OF AGREEMENT BETWEEN DIRECTOR AND TEACHER. 
 
 This memorandum of agreement, made the day of , eighteen hun- 
 dred and sixty ■ , between , a school teacher, of the one part, and 
 
 , and , as directors of sub-district number 
 
 , township, county, Ohio, of the other part : 
 
 WITNESSETH, That said agrees to teach the public school of said 
 
 sub-distiict for the term of , commencing on the day of , 
 
 eighteen hundred and sixty , for the sum of per , and that for 
 
 said services properly rendered, said and , as directors 
 
 as aforesaid, are then and there to certify in favor of said for the 
 
 amount of wages due him, as ascertained by this article of agreement. 
 
 Witness our hands. 
 
 Local Directors. 
 
 TEACHER'S CERTIFICATE FOR PAY. 
 
 18—. 
 
 To the Clerk of Township, County, Ohio : 
 
 This is to certify, that , under a contract duly made and entered 
 
 into, taught a common school in sub-district number , of said township, from 
 
 the day of , 1 86—, to the day of , 1 86—, in all 
 
 days, at per month ; and that there is due him for said service, the sum 
 
 of . 
 
 Local Directors.
 
 ORDER ON TOWNSHIP TREA.SURER FOR TEACHER'S PAY. - 
 
 , ,18— 
 
 No.—. 
 
 To the Treasurer of Township^ County, Ohio : 
 
 Pay — dollars for services as teacher in sub-district number 
 
 , of said township, from , 186 — , to , 186 — , in all 
 
 days, at per month. 
 
 , Township Clerk. 
 
 DISMISSAL OF TEACHER. 
 
 Whereas, it has been represented to us that , who has been em* 
 
 ployed, and is now engag-d in teaching a school in sub-district number — , 
 
 township, county, is negligent {or here insert any other sufficient cause), as 
 
 such teacher. And, whereas, we have become satisGed of the truth of said repre- 
 sentation : or. 
 
 Whereas, we have been required by the board of examiners of county,^ 
 
 to dismiss , now engaged as a teacher in sub-district number — , 
 
 township, and county aforesaid, for the following causes : 
 
 ( Here set forth the causes. ) 
 
 Therefore, said is hereby dismissed as teacher as aforesaid. Wit- 
 ness our hands, , 186 — . 
 
 Local Directors. 
 
 VISIT TO SCHOOL. 
 
 This day the undersigned, local directors in sub-district number 
 
 township, county, Ohio, in company with and , 
 
 who were invited for the purpose, vi>ited the school in said sub-district, taught by 
 . , and the following was the result of the examination and visit : 
 
 They found, &c. {Here set forth the opinion as to the management of the schools, 
 dtc.) j 
 
 Local Directors. 
 
 CONTRACTS. 
 
 This memorandum of an agreement made this — day of , eighteen hundred 
 
 and sixty , between , of the one part, and , 
 
 and , as directors of sub-district number — , township, 
 
 county, Ohio, witnesseth : That said agrees to deliver at the school- 
 house in said sub-district, on or before the — day of next, bushels of 
 
 coal of a good quality, at cents per bushel. And said , — and 
 
 6
 
 66 
 
 -, as trustees as aforesaid, are then and there to certify in favor of said 
 
 , for the sum due for said fuel. 
 
 Witness our hands, &c., , — 
 
 Local Directors. 
 
 Note. — If not too lengthy, copies should be furnished to the Board of Education, as all con- 
 tracts must be reported. 
 
 ENUMERATION I. 
 
 Enumeration of youth between the ages of five and twenty-one years, residing in 
 sub-district number township, , the , 186 — . 
 
 Names of Parents or 
 "* Guardians. 
 
 Names of Children. 
 
 Males. 
 
 Females. 
 
 Total 
 Number. 
 
 No of Sec. in 
 
 which youth 
 
 reside. 
 
 
 White Youth. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Colored Youth. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ••• ...•••• 
 
 We hereby certify the above to be a correct list of the white and colored youth 
 in sub district number — — — , township, county, for the year 186 — , 
 
 7." 
 
 Local Directors. 
 
 -, 186—. 

 
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 70 
 
 ^ FORM OF DEED. 
 
 This Indenture, made the day of , one thousand eight hundred 
 
 and , between and his wife, of the county of , 
 
 in the State of Ohio, parties of the first part, and , as township board 
 
 of education of the township of , county and State aforesaid, party of the 
 
 second part, wiinesseth : That the said parties of the first part, in con!>ideration of 
 
 to them duly paid before the delivery hereof, have bargained and sold, 
 
 and by these presents do grant and convey, to the said party of the second part, 
 its successors and assigns forever, \Jiere describe the premises,^ with the appurte- 
 nances, and all the estate, title and interest of the said parties of the first part 
 therein. And the said parties of the first part do hereby covenant and agree 
 with the said party of the second part, that at the time of tbe delivtry hereof the 
 said parties o( the first part were the lawful owners of the premises above granted, 
 and seized thereof in fee simple abso'ute, and that they will warrant and defend 
 the above granted premises in the quiet and peaceful possession of the said party 
 of the second part, and its successors and assigns forever. 
 
 In witness whereof, the said parties of the first part have hereunto set their 
 hands and seals, the day and year first above written. 
 
 Sealed and declared in presence of ——— [seal.] 
 
 [seal.] 
 
 The State of Ohio, County, 
 
 Personally appeared before me, and his wi'e, grantors in 
 
 the above deed, and acknowledged ihe same to be their voluntary act and deed; 
 
 and the said being at the same time examined by me, apart from her 
 
 said husband, and the contents of the above deed aade known to her, she there 
 declared that she voluntarily signed, sealed and acknowledged the same, and that 
 she is still satisfied therewiih. 
 
 Witness my hand and seal, this day of , A. D. 186 — . 
 
 Note. — The Board should carefully investigate the title to property before purchasing, and no 
 schcol-houee should be erected until a salistaciory title is obtained. Ihepropeny should be 
 declared in the corporate name of the " Townfihip Board of Education," and not in the name of 
 the directors. 
 
 FORM OF LEASE. 
 
 This Indenture, made the day of , one thousand eight hundred 
 
 and , between , of the county of , in the Slate of Ohio, 
 
 of the first part, and the township board of education of the township of- , 
 
 county and Stale a'oresaid, of the secoi d part, witntsseth : That the said party of 
 the first part, for the ctmsideration 1 ereinafter cneniioned, has demi.'^ed, granted 
 and leased, and does hereby demise, giant and lease, unto the said party of the 
 second part, its succf 8.«ors and assigcs, \^here describe the premises,^ with all the 
 privileges and appurtenances thereunto belonging. To hnve and to hold the said 
 
 demised premises, with the appurtenances, for and during the term of from 
 
 the day of ; and the said party of the second part, for itself and 
 
 assigns, agrees to pay the said party of the first part, for the said premises, the 
 
 annual rent of dollars, in quarter-yearly installments, on the — ^— day 
 
 of , respectively. 
 
 I
 
 71 
 
 In testimony whereof, the said parties have hereunto set their hands and seals, 
 
 this day of , A. 1). 186 — . [seal] 
 
 In presence of — ^— [seal.] 
 
 Chairman of the Board, 
 
 [seal] 
 
 GLerk. 
 
 State of Ohio, County. 
 
 Before me personally appeared , grantor in the above instru- 
 ment, and acknowledged the same to be voluntary act and deed, for the 
 
 uses and purposes therein mentioned. 
 
 In testimony whereof, I have hereunto subscribed my name, this day of 
 
 , A. D. J86— . 
 
 Note. — If the lease be for three years or more, it must be acknowledged, attested by two wit- 
 nesses, and recorded. I( for a less term, it need not be executed wilh these formalities. The 
 time o. pacing rent may be fiUea u^ according to contract. The consideration may be itoney, 
 or any thing else, and the form varied accordingly. 
 
 APPOINTMENT OF ACTING MANAGER. 
 
 , 186—. 
 
 This day the board of education of township, county, met, and, 
 
 deeminj^ ii necessary, did appoint acting manager of schools for said 
 
 township, and empowered him to perform the following duties : 
 1. To, &c. 
 
 By order of the Board. 
 
 , Cleric. 
 
 ASSIGNMENT OF SCHOLA.RS. 
 
 , 186—. 
 
 This day the board of education of township, county, met, and 
 
 assigned scholars to primary schools in said townships as follows : 
 To sub-district No. — 
 A. B. 
 CD. 
 etc. 
 To sub-district No. — 
 E. K. 
 G. H. 
 etc. 
 
 By order of the Board. 
 
 , Cleric. 
 
 NoTB. — A copy of the assignment to each sub-district is to be furnished to the teacher.
 
 72 
 
 APPOINTMENT OF LIBRARIAN. 
 
 , , 186—. 
 
 The board of education of township, county, has this day 
 
 appointed to act as librarian, and to take charge of the school appara- 
 tus in sub-district No. — , of said township, for the term of — year. 
 
 By order of the board, 
 
 , Clerk. 
 
 BOND OF LIBRARIAN. 
 
 Know all men by these presents, that we and are held and 
 
 bound unto the Stale of Ohio in the sum of hundred dollars, for the pay- 
 ment of which we jointly and severally bind ourselves, our and each of our heirs, 
 
 administrators and assigns. Sealed with our seals this day of . 
 
 eighteen hundred and sixty — . 
 
 The condition of this obligation is such, that whereas the board of education 
 
 of township, county, on the day of , eighteen 
 
 hundred and sixty — , appointed and authoiized said to act as librarian 
 
 and to take charge of the school apparatus in district No. of said township. 
 
 Now, if said shall faithfully, honestly, and impartially, and in ac- 
 cordance wiwh such rules and regulations as may, from time to time, be prescribed 
 by said board, discharge his duty under and by vinue of said appointment, for 
 the term of — jear, and until his successor shall be duly appointed, then his ob- 
 ligation shall be void. 
 
 , [seal ] 
 
 , [SEAL.J 
 
 Attest :
 
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 CENTRAL, OR HIGH SCHOOLS. 
 Notice is hereby given by the board of tducation of township, 
 
 county, that in the opinion of said board it has become desirable to establish a 
 central, or high school in said township ; that for such purpose it is necessary to 
 
 levy a tax of — mills to the dollar, {or say of • hundred dollars) and that on 
 
 the day of , at — o'clock — . — ., there will be a meeting of the qual- 
 ified voters of said township, at the place of holding elections in said township, 
 when and where important questions will be submitted to the voters of said town- 
 ship, relative to the cost and location of the building, and other provisions neces- 
 sary for the establishment of a central or high school in said township, and also 
 the amount of tax which shall be levied for the purpose. 
 
 , 186 — . By order of the Board. 
 
 . Clerk. 
 
 CERTIFICATE OF ANNUAL ESTIMATES. 
 
 To the Auditor of County : 
 
 It is hereby certified by the board of education of township that the 
 
 entire amount of money necessary to be assessed on the taxable property of said 
 township, and expended therein, for school purposes, as directed in the 22d section 
 of the " act to provide for the reorganization, supervision and maintenance of com- 
 mon schools," passed March 14, 1853, is dollars, as follows : 
 
 For continuing school six months ^ 
 
 For 
 
 1 86 — . By order of the Board. 
 
 , Clerk. 
 
 ORDER ON TREASURY. 
 
 No. — . . 186—. 
 
 To the Treasurer Township, County : 
 
 Pay , dollars, for . 
 
 By order of the Board. 
 $_ , Clerk. 
 
 FORM OF A BOND FOR TOWNSHIP TREASURERS. AS TREASURERS 
 
 OF THE SCHOOL FUND. 
 
 Know all Men hy these Presents, That we, , , and , of 
 
 county, Ohio, are held and firmly bound, to the state of Ohio, in the sum of — dol- 
 lars, for the payment of which we do jointly and severally bind ourselves, our and 
 each of our heirs and legal representatives. Sealed with our seals and dated thia 
 — day of , in the year 186 — .
 
 77 
 
 The condition of this obligation is, that, whereas, the said , was, on the — 
 
 day of — , 18 — , duly elected treasurer of township, county. Now, if 
 
 said — — , as treasurer, shall faithfully disburse and pay over, according to law, 
 all such school or other funds, and moneys, as shall, from time to time, come into 
 his hands for school purposes, then this obligation to be void ; otherwise to be and 
 remain in full force. 
 
 SEAL.] 
 
 > I 
 Executed in presence of 
 
 SEAL 
 SEAL 
 
 :] 
 
 Note. — This can readily be altered to apply to city treasurer, as provided in Sec. 34. 
 
 Cketificate op Treasurer's Bokd. 
 
 186—. 
 
 Ii is hereby certified that has executed and filed with me a bond for the 
 
 faithful disbursement, as a treasurer of township, county, of all school 
 
 funds that may come into his hands as such treasurer ; which bond, dated April 
 — ^ 186 — , is in the penalty of dollars, and has been approved by the trus- 
 tees of said township. 
 
 Township Clerk said Township. 
 
 NoTK — The above can be altered bo as to apply to the city treasurer's bondj provided for in 
 section 34.
 
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 VOUCHERS. 
 
 No.—. A. , ,186—. 
 
 Received, , 186 — , of , treasurer of township, 
 
 county, dollars, for services rendered as a teacher in sub-district 
 
 No. — , in said township, from the day of , 186 — , to the day 
 
 of , 186 — ; ia all days. 
 
 Teacher. 
 
 FINAL RECEIPT OF T11EA.SURER. 
 
 Received, , 186 — , of , late treasurer of town- 
 ship, county, the following moneys and school property, to wit : 
 
 dollars, being part and parcel of the fund ; also, &c. 
 
 Treasurer. 
 
 APPOINTMENT OF SCHOOL EXAMINERS. 
 
 Office of Probate Judge, 
 county, 0., , 186—. 
 
 Being satisfied that is a suitable person to act as a member of the 
 
 board of school examiners for this county, under the " act to provide for the reor- 
 ganiza'ion, supervision and maintenance of common schools," passed Mrirch 14, 
 1853, I do hereby appoint him to said office for the term ot two years from date, 
 and until his successor shall be appointed. 
 
 Probate Judge. 
 
 TO TEACHERS. 
 
 The board of examiners of county, Ohio, will hold a meeting at the 
 
 of , ill the , on , and , tlie — , — and — days 
 
 of , 186 — , for the examination of ter.chers, under the " act to provide for the 
 
 reora;anization, supervision and maintenance of common schools," passed March 
 14, 1853. 
 
 By order of the Board, 
 
 , Clerk. 
 
 -, 186—.
 
 82 
 
 SCHOOL TEACHER'S CERTIFICATE. 
 
 No. — . Office of the Board of School Examiners, 
 
 , county, 0., , 186 — . 
 
 This is to certify, that has been examined and found competent to 
 
 give instruction in orthography, writing, arithmetic, grammar and geography, 
 
 , , , and having exhibited satisfactory testimonials of good moral 
 
 character, is authorized to teach these branches in any common school within 
 
 this county, for the term of from this d^y , A. D. 186 — . • 
 
 By order of the Board, 
 
 Board of Examiners. 
 Clerk. ■ 
 
 REVOCATION OF TEACHER'S CERTIFICATE. 
 
 To the local directors of sub-district No. — , township, county, Ohio : 
 
 Whereas, the board of examiners of said county, on the — day of , 186 — , 
 
 granted a certificate to , authorizing him to teach orthography, &c., for 
 
 the term of months, and he is now engaged as a teacher in said sub-district : 
 
 And, whereas, it has been represented, and said board has become satisfied, 
 
 that is an unfit person to be retained as such teacher, in consequence 
 
 of {here state the offense). 
 
 Therefore, you are hereby required to discharge and dismiss said 
 
 from his said employment. His said certificate is revoked. 
 
 By order of the Board, 
 
 , Clerk. 
 
 , 186—.
 
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 NAME OF 
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 OPINIONS OF COMMISSIONERS. 
 
 CHAPTER XXI. 
 
 ANSWERS TO QUESTIONS ON THE SCHOOL LAW. 
 
 QuES. 2. — How is the township clerk to be paid for making an abstract of the 
 enumeration returnetl to him ? 
 
 Ans. — By the township, as for other services of like nature rendered as town- 
 ship clerk. 
 
 QuES 3. — When the directors neglect to take the enumeration, and the township 
 clerk employs and pays a person to do it, how is the clerk to reimburse himselt ? 
 
 Ans — Charge the amount so piid in account with the township; and then 
 proceed to collect it of the delinquent directors, and credit the amount so collected 
 to the school fund of the township. 
 
 QuES. 4 — Are township boards authorized by law to determine what text-books 
 shall be used in the several common schools in their township, and have they a 
 right to confine their selections to one author on each subject? 
 
 _A.us. — These questions are both answered in the affirmative without any hesi- 
 tation. 
 
 QuES. 5. — What shall be done with those directors who do not abide by the 
 decision of the township boards in regard to text-books ? 
 
 Ans. — Endeavor to conciliate, if possible, their co-operation, by showing them 
 the importance of leaving this delicate matter to the judgment of the township 
 board, and not to the caprice or preference of every itinerant teacher that may 
 chance to be employed. Failing in this, the township board could proceed against 
 them by quo warranto, which would raise the question of authority, and, the deci- 
 sion being against the reluctant directors, a writ of mandamus would bring them 
 to a sense of duty„ 
 
 QuES 7 — May persons be transferred, for educational purposes, from one town- 
 ship to another, when the county line divides the township ? 
 
 Ans. — This question is also answered in the affirmative, without any hesitation. 
 
 QuES. 8. — Does section filteenth of the new school law relate at all to common 
 sub-district school^, or only to such as the township board may establish apart 
 from these ? 
 
 Ans. — To both ; for the terms "primary schools," "primary common school," 
 and " sub-district school," aie all used in the school law with the same import. 
 
 QuES. 14. — If a certificate expires during a school term or session, is it good 
 for the entire term ? 
 
 Ans. — Certainly not. The presentation of such a certificate would not authorize 
 the township clerk to draw an order on the treasurer', in favor of the teacher, f jr 
 his services during the entire term. 
 
 QuES. 15. — By an arrangement bftween the teacher of a private institution or 
 academy, and the directors of a school district in which said institution is located, 
 the scholars of said district are taught in said institution. Are the principal of 
 said institution or private academy, and all his assistants who give instruction to 
 said district school scholars, obliged by law to obtain certificates in due form from 
 the board of examiners, before the said principal or his assistants are legally enti- 
 tled to the school moneys belonging to said district, and applicable to the paymoKt 
 of teachers' wages?
 
 85 
 
 Ans. — Undoubtedly they are. See sections 24 and 45, of the new school law. 
 By the arrangement above referred to, said academy became to a certain extent a 
 district school ; and the township clerk can not legally draw an order on the town- 
 ship treasurer, in favor of said principal, for the school moneys, or any part thereof, 
 belonging to said district, except on the presentation of the proper certificates of 
 all teachers, who have given instruciion to said district school scholars, although 
 the directors should certify such amount to be due him. The true policy and 
 spirit of the law is, that common school scholars — whether taught in separate 
 sub-district schools, or in private institutions as aforesaid — shall be instructed by 
 teachers duly certificated ; otherwise the township treasurer would not be author- 
 ized to pay over to said teacher or teachers the school moneys of said district, 
 applicable only to the payment of teachers' wages. On this subject I entertain 
 not the least doubt. 
 
 QuES. 16. — Does the new school Liw vest in the directors of the sub-district, or 
 in the township boards, the right to prescribe the general rules and regulations 
 for the government of the primary or sub-district schools ? 
 
 Ans. — In the township boards, undoubtedly ; for although sec. 6 declares that 
 *' it shall be the duty of the school directors, in each sub-district, to take the man- 
 agement and control of its local interest and ati'airs," etc , yet this duty must be 
 performed under and in obedience to such rules and regulations as the township 
 board may prescribe ; as in the case of negotiating and making contracts in relation 
 to providing fuel, repairing buildings, or furnishing school-houses, etc., as provided 
 for in sec. 7. A different construction of the law would defeat one of its most 
 important objects, viz., that of equalizing, as far as practicable, the educational 
 privileges of the several sub-districts of the township, and preventing the numerous 
 disparities incident to the old independent district system. 
 
 The law is very plain on this point, for in sec. 13 it is declared that "it shall 
 also be the further duty of said board to jyrescribe rules and regulations for the gov- 
 ernment of all common schools within their jurisdiction." Besides, sec 11 makes 
 them a body politic and corporate in law, and vests in them, in their corporate 
 capacity, the title, care and custody of all school- houses, school-hou;e sites, libra- 
 ries, apparatus, and other prop, rty belonging to the school districts. It is evident, 
 then, that their right to prt'scribe rules, etc., for the direction and government of 
 the sub districts, must be paramount, and that of the directors subordinate. 
 
 QuES 17. — Are township boards authorized to appoint the township clerk the 
 acting manager of schools for the township ? 
 
 A^s — Undoubtedly ; for sec. 10 declares "that the township board of education 
 shall consist of the township clerk, and of the local director from each sub district 
 of the township, who has been appointed clerk in his sub-district;" and near the 
 close of sec. 13 it is declared that, " if the board deem it necessary, they may 
 appoint one of their number the acting manager of schools for the township," etc. 
 The township clerk, then, being constituted by the law a member of the board of 
 education, be may, unquestionably, be appointed the "acting manager." 
 
 QuEs. 18 — The board of education of a township, embracing nine school districts 
 under the old school law, proceeded, at a regular meeting, to re- district their town- 
 ship, dividing it into five instead of nine sub-districts ; and the judge of the proper 
 court, on application, granted an injunction against the proceediugs of the townsbip 
 board, on the ground that the present school law did not authorize them to dimin- 
 ish the numb.^r of school districts in a township from what it was under the old 
 law, but only to alter district lines. Ought the injunction to have been granted ? 
 
 Ans. — Most assuredly not ; for it was the intention of the framers of the law, 
 frequently expressed while the subject was pending in the Gener-il Assembly, to 
 confer upon township boards the power to alter, by consolidation or otherwise, the 
 several school districts of the township, so as to equalize, to a reasonable extent, 
 their territory, their number of children of school age, and their educational privi-
 
 86' 
 
 leges generally. But, according to tlie opinion of the judge in the case referred 
 to, the number of school districts in any township must remain the same as the 
 new school law found them. Such a construction of the law would contravene 
 one of the principal objects of the Legislature in creating township boards, viz., 
 the removal of many evils incident to the old system — such as the diminution of 
 the pecuniary strength of school districts by an unnecessary multiplication of them, 
 and the consequent employment of an unnecessary number of teachers, from which 
 resulted, as a ralural consequence, the necessity of employing cheap and poorly 
 qualified teachers, or of having very short school terms, to say nothing of the 
 very great inequalities, in almost every respect, which existed in the several dis- 
 tricts of the same township under the old law. 
 
 But, in order to construe the present law so as to "remove the evil and advance 
 the remedy," we are not obliged to go back and look up the evils incident to the 
 old law, or to gather from circumstances the intention of the lawgivers. The 
 provisions of the law, touching the point at issue, are quite obvious. 
 
 In sec. 4 it is declared that "'the said board shall prepare a map of their town- 
 ship as often as they deem necessary, on which shall be designated the sub-districts 
 of the township, which they may change or alter at any regular session, and the 
 number oj scholars aligned to each; but no sub-district shall contain within its 
 limits less than sixty resident scholars by enumeration, except in cases where, in the 
 opinion of the board, it is necessary to reduce the number " Now suppose that 
 the whole number of scholars, by enumeration, in the township above referred to, 
 divided by nine — the number of school districts in it at the time the new law took 
 eflFtct — should jiive a quotient of twenty or twenty-five, or even thirty or forty, 
 how could the board carry into effect that provision of the law which requires 
 them to assign at least sixty scholars lo each sub-district ? The mere want of nine 
 times sixty scholars in the township would not constitute such an exception to the 
 rule, requiring sixty scholars to be assigned to each district, as is meant by the 
 expression — "except in cases where, in the opinion of the board, it is necessary 
 to reduce the number." 
 
 I am, therefore, forced to the conclusion that the judge, in granting said injunc- 
 tion, was either prejudiced against this provision ot the law, or that he did not 
 read it understandingly. 
 
 QuES. 20.— Has ttae board of education a legal right to prohibit from a sub- 
 district school persons over twenty-cne years ot age? 
 
 Aks. — Undoubtedly; for the limits of school age are five to twenty-one years. 
 
 In section 16 of the school law it is declared " that the board may admit to the 
 schools of ^/^Aer grade" — meaning the high or central schools — "scholars over 
 twenty-one years of age." Under the provision embraced in section 13, which 
 dedans that "it shall be the further duty of the board to prescribe rules and 
 regulations for the government of all the common schools within their jurisdiction." 
 there can be no doubt that the board possesses the power to prescribe the conditions 
 upon which persons over twenty-one years of age may be admitted to the sub^ 
 district schools 
 
 It cannot be the design of the law to debar those who are destitute of an edu- 
 cation from the privilej^es of our common schools, simply because they happen to 
 be over twenty-one. But such persons can not claim the privilege, as a matter of 
 course. They must obtain a permit from the board, or from the directors of the 
 sub-district, in accordance with the rules prescribed by the board in regard to this 
 subject. If the applicants are not qualified to enter the high school, or if there 
 be no high school, and the sub district be not so full that their attendance would 
 materially incommode those under twenty-one years of age, then the board, or the 
 directors under the rules of the board, may properly grant them a permit, ia 
 writing, to attend the school. 
 
 In short, those who have reached their majority should be treated like minor
 
 87 
 
 children who are not residents of the sub-district. Their participation in the 
 privileges of the school should depend upon the pleasure of the board, or of the 
 directors, in the absence of any regulalions prescribed by the board. 
 
 QuES. 21. — On New-Year's evening the scholars saw fit to bar the door of a 
 school-house, and to resist the demand of the directors and teacher to open the 
 same, unless a treat of two dollars should be granted. The demand of the 
 scholars was backed up by many of their parents, and by some of the magistrates, 
 who claimed that the directors had no redress, and that the boys had a full right, 
 by the law of custom, to set up against the teacher the claim above mentioned, 
 and exclude him from the school-house till he should comply with their request. 
 At length the teacher paid the two dollars, and so the whole matter was quieted ; 
 but it came very near breaking up the school. Upon the above case my opinion 
 has not only been solicited, but I am requested to refer the matter to the Attorney- 
 General for an opinion. The question is also propounded, whether it would be 
 proper and legal to refund to the teacher the two dollars paid by him as aforesaid, 
 out of the school moneys belonging to said district. 
 
 Opinion and Ans — To decide the above case, the opinion of the Attorney- 
 General is not needed, for the school law settles the matter beyond the contin- 
 gency of a doubt. Section 1 1 declares that " the township board of education in 
 eac'^ township of the State, and their successors io office, shall be a body politic 
 and corporate in law, and, as such, may contract and be contracted with, sue and 
 be sued, plead and be impleaded, in any court of law or equity in this State ; 
 that they shall be and hereby are invested, in their corporate capacity, with the 
 title, care and custody of all school-houses and school-house sites," etc , "^o control 
 the same in such manner as they may think will best subserve the interests of com- 
 mon schools and the cause of education " 
 
 In section 13 it is also declared that "it sha'l be the further duty of said board 
 to prescribe rules and regulations for the government of all the common schools 
 within their jurisdiction." 
 
 Now any person or persons excluding a teacher from his school-house, for the 
 purpose stated in the case submitted to me, or for any other purpose, unless duly 
 authorized to do so by the township board, or by the " rules and regulaiions" 
 prescribed by them, are trespassers, and, as such, are liable to the same penalties, 
 at the suit of said township board, as at the suit of a private citizen, whose private 
 dwelling they should close against him, with a view of extorting his money. The 
 existence of the improper and absurd custom to which reference is made does not 
 affect the case. Custom, especially a vicious and improper one, can never be 
 pleaded against a positive statutory enactment. Even the common law of England 
 yields when it comes in conflict with a parliamentary enactment, the expressed 
 will of the law-making power. Let it be distinctly understood, then, that any 
 person or persons closing the doors of a school-house, and stopping a school, 
 without an express order or permission from the township board, are trespassers, 
 and liable to treble damages. 
 
 The two dollars paid by the teacher can not legally be refunded out of the 
 school money, and, should the directors make any such misapplication of the 
 school fund, it would be good cause for withholding from their district its share 
 of the school fund the subsequent year. I have written very plainly in relation 
 to this matter, because I feel that it is high time the ridiculous and absurd custom 
 referred to should be banished from the State, as a remnant of the "dark a^es." 
 When so much is being done to elevate the character, improve the condition and 
 extend the usefulness of our common schools, and to make them not only nurseries 
 of sound leirning, but of those elevated feelings and virtuon^ sentiments which 
 adorn and dignify human character, it is a disgrace that any community should for 
 a moment countenance a custom which, in the estimation of all sensible and judi- 
 cious men, is degrading m all its tendencies, and subversive of good order.
 
 88 
 
 QuES. 22 — What entitles children to the right of atlending a particular school, 
 and what precludes them from that right? 
 
 Ays. — All children of school age are entitled to the privilege of attending the 
 school in which their parents, guardians, or employers reside, unless excluded by 
 the directors, on account of their misconduct. In other words, all children inclu- 
 ded in the annual enumeration of the directors of any school district, are entitled 
 to attend the school in such district. The annual enumeration should include all 
 the children over five and under twenty-one years of age, who shall, at the time of 
 taling such enumeration, actually be in the district, constituting a part of the fam- 
 ily of their parents, guardians, or employers, if such parents, guardians, or em- 
 ployers, actually reside, at the time, in such district, although such residence be 
 temporary; but such enumeration shouM not include childrfn beloDging to the 
 family of any person who shall be an in! abitant of any other district in this State, 
 in which such children may, by law, be included in the enumeration of its direc- 
 tors. As to what constitutes a residence in law, the courts have decided that a 
 man cannot gain a residence in a place unless he goes there " wilh the intention of 
 remainipp." If, however, a person who is not an inhabitant of some other district, 
 resides temporarily in a given district, all the children belonging to his family, 
 should be included in the enumeration, and be permitted to attend the school in 
 said district. 
 
 Children of non-resident parents, coming into a district and hoarding for the 
 purpose of attending school therein, are tot entitled to such privileges, as a matter 
 of course ; but they may be admitted into such school with the approbation, in 
 writing, of the directors thereof, and upon such teims as they may deem just ; but 
 such permission should not be granted to the children of non-resident parents, nor 
 to persons over twenty-one years of age, if by such admission the school would 
 become too much crowded. In such cases it would be proper to charge tuition ; 
 for such ni n-iesident children are not entitled, as a matter of course, to any share 
 of the public school fund belonging to such district ; and their tuition in such case 
 may be charged, in the first instance, to the person with whom the children of 
 non-resident parents board, unless, by express notice in writing, he declines being 
 accountable ior such tuition. When, however, such children are hired to labor or 
 service, in good faith, in the family of an inhabitant of the district, or are regarded 
 and treated as a part of the family of such inhabitant, and not merely temporary 
 hoarders, they are entitled to participate, equally with the other children of the 
 district, in the privileges of the school. 
 
 Qdes. 23. — Are the local treasurers of the special school districts, mentioned in 
 the part of sec. 67 of the new school act, required to settle with county auditors 
 for all school moneys which may come into their hands as such treasurers ? 
 
 Ans. — Undoubtedly; if not so required, a large portion of the school fund 
 would not be accounted for at the office of said auditors. 
 
 Sec 29 requires township treasurers to settle annually, between the Ist and 20th 
 of February, with the county auditor, and account to him for all the moneys re- 
 ceived ; from whom, and on what account, and the amount paid out for school 
 purposes in his township. It also requires him to examine the vouchers for such 
 pajments, and if satisfied with the correctness thereof, to certify the same ; which 
 certificate is declared to be, prima facie, a discharge of such treasurer, etc. Sec. 
 34 imposes similar duties and obligations upon the treasurers of cities and incor- 
 porated villages, which have been constituttd special school districts by sec. 32. 
 
 From the fact that sec. 67 requires the several school boards, or other school 
 ofiicers, acting under the provisions of any of the acts to which reference is made 
 in this section, to make similar reports of school statistics annually ; and from the 
 fact that this section forbids county treasurers to pay over any portion of the school 
 fund to any local treasurer, etc., except on the order of the proper county, and
 
 89 
 
 forbids any such order to be drawn by him, unless the local treasurer, etc., shall 
 first deposit with said auditor an abstract of tho enumeration of . scholars, and other 
 statistics, relative to the schools under their charge, as required by the law, of 
 teachers, local directors, md boards of education in townships, etc, it is reason- 
 able to infer that the treasurers of these special boards of e.iucation should settle 
 with the auditors of their proper counties, in the manner prescribed in sec. 29, for 
 treasurers of townships. 
 
 QuES. 24. — Is each part of ^fractional district enlitled to three directors, and a 
 representative in the township board? 
 
 Ans. — Certainly not — for this would give to each part of such district equal 
 power with an entire district. This is evidently not in accordance with the spirit 
 of the law, or with the intention of its framers. The misapprehension has arisen 
 from the language used in the first section: "The several schoil districts and 
 fractional 2^arts thereof, which now are or may hereafter be established in the sev- 
 eral organized townships of the state, shall be regarded as sub-districts, and be 
 confided to the management and control of local directors, as hereinafter pro- 
 vided." 
 
 By the expression " and fractional parts thereof ," is meant those sub-distticts 
 which contain territory lying in two or more townships. Hereafter, for the sake 
 of avoiding misapprehension, I shall designate such sub-districts by the iexvaj'dnt 
 sub-districts, and those sub-districts which lie wholly in one township, by the 
 appellation oi entire sub-districts, or simply sub -districts. 
 
 It was the intention of the law to declare all the old school districts to be sub- 
 districts. Of course, a school district, though composed of fractional parts of 
 adjoining townships, was stdl but one sub district, and entitled to elect, as provi- 
 ded in section 2d, " at the usual hour and place of holding district meetings," 
 but one set of local directors, composed of three persons only — one of whom would 
 be chosen clerk, and as such would be entitled to a seat in the to-vuship board of 
 education in that township in which the school house m'ght be located, no matter 
 where the clerk might reside, so that he be a resident within the limits of the 
 school district. For school purposes, he represents all the fractional parts of the 
 aub-district, reside in which fraction he may, in the board of education of that 
 town.«hip in which the school house happens to be located. Sec. 16. 
 
 Q.UES 30. — Are members of township boards of education enlitled by law to 
 compensation for their services ? 
 
 Ans. — The above question has been addressed to the commissioner at least 
 fifty times, and each time it has been answered, unhesitatingly, in the negative. 
 A proposition to pay them was voted down while the school law was pending in 
 the late general assembly. 
 
 Officers created by the school law cannot claim an allowance for their services, 
 unless the law, in express terms, so declares. The reasons assigned at the time 
 the school law was under consideration, for not allowing members of township 
 boards of education a compensation for their services, were the great number of 
 salaried school officers that would thereby be created, and the general belief that 
 after a few years it would not be necessary for such boards to mt-et more than 
 twice in each year, and that the management and supervision of the different 
 schools, and the educational interests of the township could be performed by the 
 " acting manager,*' whom the board is authorized to appoint, and to whom " they 
 may allow a reasonable compensation for his services." Sec. 13 
 
 QcES. 31. — Are township clerks entitled to remuneration for their services as 
 members of the township boards of education — or for making and transmitting to 
 county auditors, abstracts of the enumeration return(d to them — or for taking the 
 enumeraiiun in casr^ the directors iu any sub district fail to take and return the 
 same — or for filling vacancies in the boards of local directors — or for drawing in
 
 90 
 
 favor of teachers — or for acting as clerks at meetings relative to central or higli 
 schools — or for prosecuLing township treasurers on their bonds — or for reporting 
 to the state commissioner when required to do so ? If so, from whom and from 
 ■what funds ? 
 
 Ans. — These questions, or at least some of them, have been propounded per- 
 haps a hundred times, and have as often been answered as follows, viz : 
 
 The rule on this subject is understood to be, that township or county officers, 
 neither salaried nor created by the school law, but upon whom it imposes certain 
 new duties, are entitled to the same allowance out of their respective county or 
 township treasuries, for services performed and expenses incurred under the 
 school law, as is allowed them for other services of like nature rendered in their 
 official capacity. 
 
 QuES. 32 — Are township treasurers to be paid for services performed under the 
 school law, out of the township school fund ? 
 
 Ans — Certainly not ; but out of the township treasury ; for near the close of 
 sec. 28, it is declared that " the township trusteeis" — (not the township board of 
 education) — " shall allow the township treasurer a compensation (qiial to one per 
 cent on" — not one per cent, of—^^ all school funds by him disbursed." 
 
 QuES. 37. — In a certain township, embracing, before the passage of the new 
 school law, nine school districts, the electors thereof proceeded to elect, on the 
 second Monday of April last, three local directors in each of said sub districts. 
 In due time, said directors took the oath of office required by law, met and or- 
 ganized by appointing one of their number clerk of the sub-district. 
 
 On the third Monday of April last, the said clerks of the said nine sub districts, 
 together with the clerk of the township, met and organized as a township board of 
 education according to law. They then proceeded to re-district their township 
 according to the provisions of sec 1 4 of the new school act, reducing the number of 
 sub-districts from nine to six They next proseeded to determine by estimate, the 
 amount of money necessary to be raised for school purposes, according to the pro- 
 visions of sec. 22, and certified the same to the county auditor, &c. Now some of 
 the inhabitants refuse to pay the tax, and threaten an injunction, if an effort be 
 made to enforce its collection, on the ground that the board, by the act of redu- 
 cing the number of sub-districts have virtually ousted themselves, or, at least, a 
 part of themselves, of their office as members of said board, and, therefore, they 
 could not legally make the estimate as aforesaid. The question is, are they by 
 such act ousted of their office as members of the township board ? 
 
 Ans — Certainly not ; for they have performed no unauthorized act. The law 
 absolutely required them so to re-district their township as that "no sub district 
 should contain less than sixty resident scholars by enumeration, excepting cases 
 where in the opinion of the board, it was necessary to reduce the number." 
 
 The error of those who raise the objection to the legality of the proceedings of 
 the board, lies in the fact, thnt they have entirely overlooked the circumstance, 
 that as soon as said board was organized, its members held two offices, one as 
 local directors of their particular sub-districts, and the other as members of the 
 township board of education. By the act of abolishing some of the sub-districts, 
 they abolished the sub-office only of the members from itie abolished districts. 
 
 The township board is, of course, re-organized every year, and its members hold 
 their office for the year, whatever alterations or changes they may make in the 
 sub-districts On the third Monday of April in each year, each sub district sends 
 up its cleik to constitute the township board for the ensuing year. 
 
 When a sub-district is abolished and its territory attached to other sub- districts, 
 the jurisdiction of the local directors of those sub-districts to which said territory 
 is attached, is extended over such territory so attached, and the office of the local 
 directors of the sub-district so abolished, is ended.
 
 91 
 
 QuKS. 39. — There is in the fractional township of Washington, three * ..aJred 
 and twenty acres of school lands belonging to eaid township. The citizens of s^id 
 township, in 1852, under the act of March 5, 1851, e'ected three tru-t-res and one 
 treasurer to take charge of Kaid lands, and to lease the same. The annual pro- 
 ceeds from the rents amount to the sum of Si 35 60. The sum of 8135 50 is 
 now in the hands of said treasurer, being the proceeds of one year's rents. Said 
 trustees sold rail timber to the amount of S60 75, which sum is also in the hands 
 of said trustees and treasurer. Said trustees received from the C. C. & (J. R. R. 
 the sum of $300 as damages for the right ot way, which sum is also in the hands 
 of said trustees and treasurer. Said treasurer refuses to pay said sums of money 
 into the township treasury, unless said trustees authorize him so to do, and the 
 said trustees refuse to give said order. 
 
 The said trustees and treasurer pretend to derive all their powers from the 8th 
 and 9th sections of the act to incorporate the original surveyed townships, passed 
 March 14, 1831, and refuse to pay over said fund to the township treasurer, but 
 keep it loaned out among themselves, and will not allow the board of education 
 to make a distribution of it. What is to be done ? 
 
 Ans. — The case above presented is a plain one ; for sections 8 and 9 of the act 
 of 1831, are modified by the present school law, which declares, in section 17, 
 " That the township treasurer in each township, shall be the treasurer of school 
 funds for school purposes, belonging to the township, arising from whatever source;" 
 and in section 24, it also declares that " all school funds which may come into the 
 hands of the township treasurer, from whatever source, shall be paid out only on 
 the order of the clerk of the board of education, under the direction ot the 
 board ;" and near the close of the same section, it is further declared that " such 
 school funds as arise from the sale or rents of section sixteen, or other lands in lieu 
 thereof, shall be distributed to the localiiies to which such funds belong." 
 
 Section first of the new school act, makes " each organized township in the 
 State, but one school district for all purposes connected witb the general intirests of 
 education in the township ;" and section 27 makes the township treasurer, the 
 treasurer of such general school district, thus dispensing with school district treas- 
 urers. 
 
 Now, then, it must be obvious that the township school treasurer takes the place 
 of the former school district treasurers ; and the treasurer of the moneys in ques- 
 tion, is bound by the new school law to pay them over — not " to the treasurers of 
 the several school districts," as specified in section 9 of the act of 1831, for there 
 are now no such treasurers — but to the township treasurer, as school treasurer 
 of the entire township ; and the township treasurer must pay them over to the 
 districts or parts of districts to which they belong, on the order of the township 
 board of education. 
 
 It is manifest, then, that section 9 of the act of 14th March, 1831, is modified 
 by the new school law, and must be so construed as to harmonize wiih sections 
 1, 24 and 27 of the present school law. 
 
 Should the trustees of said 320 acres of school lands persist in their refusal to 
 direct their treasurer to pay over said moneys to the township treasurer, the 
 township board may apply to the court for a mandamus. 
 
 QoES. 40. — In several townships a coLflict of jurisdiction has arisen between 
 the local directors and township boards of education. The question submitted is, 
 what are the respective liuiits of the jurisdiction of school oflicers ? 
 
 Ans. — The duties of township boards are general, and their jurisdiction extends 
 over the entire township ; the duties of local directors are special, and their juris- 
 diction is limited to a particular sub-district, and by the general rules prescribed 
 by the township board, according to the provision of section 13, of the school law, 
 which declares " that it shall be the duty of said board to prescribe rules and 
 regulations for the government of all the common schools withixi their jurisdiction."
 
 92 
 
 These general rules relate to the alteration of the boundaries of sub-districts; 
 the selection of school-house sites ; size, structure and furniture of school-houses ; 
 the course of study for each grade of schools, and the selection of the text books 
 to be used in the schools of the township; the care and preservation of school- 
 houses, school furniture, apparatus, library and other school property ; the assign- 
 ment of scholars to the several grades of schools wherever such grades are estab- 
 lished, and the admission of scholars to, and their dismissal from any of the schools 
 in the township 
 
 The duties and powers of the local directors, in each sub-district under the 
 (jeneral regulations prescribed by the township board, are, the particular manage- 
 ment and control of its local interests and affiirs ; the employment of teachers, 
 fixing their salaries, and certifying the amount due them to the township clerk ; 
 ^ the dismissal of any teacher, at any time, for such reasons as they may deem 
 sufficient ; the visitation of their schools, or the selection of persons to visit thena ; 
 the negotiating and making of all necessary contracts in relation to providing fuel 
 for schools; repairing, building, or furnishing school houses ; purchasing or leas- 
 ing school-house sites; renting school rooms; and making all other provisions 
 necessary for the convenience and prosperity of the schools within their sub-dis- 
 tricts ; taking the enumeration of children in their sub-districts, appointing libra- 
 rians for the district library, determining the place where it shall be kept, and 
 seeing that the library and apparatus are prop rly preserved. 
 
 All these duties may be performed, and all these powers exerciseJ, subject 
 only to the restrictions of the general rules prescribed by the township board of 
 education. 
 
 Township boards and local directors, disposed to act in good faith and with due 
 regard to each other's rights, powers, and duties, will, it is believed, be able to 
 execute their respective offices without inconvenience or difficulty. 
 
 The Commissioner regrets to state that a few cases have come to his knowledge, 
 in which township boards have interfered quite too much with the powers and 
 duties appertaining to local directors ; and local directors, on the other hand, 
 have in some instances manifested unreasonable reluctance to obey, and, in a few 
 instances, a contumacious determination to disregard all the rules and regulations 
 prescribed by the township board, however needful such rules might be to promote 
 the best interests of the schools of the township. 
 
 Such ill-judged interference on the one side, and obstinacy on the other, can 
 lead to no good results, and may prove disastrous to the schools, if long persisted 
 in by school officers. 
 
 QcES, 45. — When one local director only is to be elected at the annual sub- 
 district meeting, and two persons receive an equal number of votes for the office, 
 how is the election to be decided ? 
 
 Ans. — A " tie vote" in such a case as the one submitted, is tantamount to a 
 " failure to meet and elect," and the remedy for such an event, is provided for in 
 section four of the school law. 
 
 After waiting a reasonable time for a special meeiag of the voters to be called 
 as prescribed in said section, if none be called, the township clerk may fill the 
 vacancy by appointment, as provided in section three. 
 
 QoEs. 46. — Does the sub-district clerk hold his offise as such, during his con- 
 tinuance in office as director, or one year only ? 
 
 Axs — The clerk of a sub-district holds his offi:;e as such, for one year, or until 
 a successor shall be elected. 
 
 The rule as well as the practice in boards of education, and all similar boards, 
 so far as my inlbrmation extends on this subject, is for such boards to reorganize 
 annually in all cases where a pirt of their members are elected, and a part of 
 them go out of office at the end of each year. 
 
 QtJEs. 48, — The citizens of school district No. 7, Union township, Hancock
 
 93 
 
 county, state the 6u>ijoined facts, in relation to the above district, viz : seveneigbths 
 of the population of said district are on tlie two south sections of said district in 
 and near the village of Cannonsburg. The district has had a site which is central 
 to the two south sections, and a school-house on it for the last twelve or fourteen 
 years. Five or six families, now residing on the east, west, and southwest sections 
 of the present site, are obliged to send Irom one to one and a half miles ; and the 
 two or three families residing on the north sections send an equal distance. The 
 board of education have ordered the erection of the school-houses at the geo- 
 graphical centers of the districts. What is the rule and the law on this subject ? 
 
 Ans. — In section 14 of the new school act, it is declared that, "in the location 
 of schools, the board shall have reference to population and neighborhood, payincr 
 due regard to any school-house alnady built or site j^rocured, as well as to all other 
 circumstances proper to be considered, so as to promote the beit interests of the 
 schools. Hence it would seem it is not the intention of the legislature to regard, 
 in all cases, the geographical center of a district as the proper site for a school- 
 house ; nor should the center as to population determine the site, for such a rule 
 might oppress the minority. 
 
 Leaving out of consideration the school-house already erected and the site pro- 
 cured, it might be a safe rule to regard as a suitable site some point nearly inter- 
 mediate the geographical center, and the center as to population. It is better that 
 half a dozen children should be required to walk a distance of somewhat more 
 than a mile, than that fifty children should be compelled to walk that distance 
 to school. 
 
 If the two northern sections of said district are rapidly increasing in population, 
 or are likely to so increase in the course of a few years, that fact should be taken 
 into the account in locating the site ; or if there is a prospect that the two northern 
 sections will soon have a population sufficient for a separate school, it would seem 
 best not to change ihe old site in the southern sections. But if there is no proba- 
 bility that more than one school will be required for the population of the four 
 sections, then regard should be paid to the present, as well as prospective distri- 
 bution of the population of the entire district. 
 
 In adjusting this matter, the members of the board should, in imagination at 
 least, endeavor to place themselves in the several situations and condiiton of the 
 inhabitants of the entire district, and from these several p')ints of view, carefully 
 consider the interests of all, and then fix upon a site which will accommodate the 
 greatest number, and, at the same time, seriously incommode none. 
 
 QuES. 50. — Whose duty is it to determine what text books shall be used in the 
 common schools ? 
 
 Ans. — In numerous instances I have been requested to recomaiend a series of 
 text books for the common schools of this State. My uniform response to such 
 requests has been, and will continue to be, that the duty of determining the studies 
 to be pursued, and the school books to be used in the several schools under their 
 control, devolves, according to section 17 of the new school act, upon the boards 
 of education in the several townships of the State. 
 
 On the several subjects of study usually pursued in the common schools, there 
 are some half a dozen or more series of text books of nearly equal merit — works 
 upon which men of science, experience and ability have bestowed much tliought 
 and labor, and in which they have invested their capital. It would, therefore, be 
 unjust to such authors and their publishers, for ttie Commissioner of common 
 schools to throw the influence of his official position in favor of one or the other 
 of such meritorious text books. 
 
 Again : I am incline d to the opinion, that less importance should be attached 
 to slight differences in the comparative merits of school books than to the ad- 
 vantages of stabilitv, and the importance of employing a teacher well qualitied to 
 impart instruction in a proper manner, whatever text book he may be required to
 
 9t 
 
 nse in his school. To a competent teacher, it is not a matter of very great moment 
 whether he uses this or that arithmetic, grammar or geography ; for he can 
 accomplish a good work with a text book of moderate excellence, while an indiffer- 
 ent teacher might fail with one of very superior merits. While, therefore, I shall 
 studiously avoid publishing any opinions upon any of the series submitted for my 
 approval or disapproval, yet I shall not hesitate to express my views freely to 
 individuals who may desire to know my opinion in relation to any series of school 
 books. In regard to the several series upon which I have recently been requested 
 to make known my opinion, I may be permitted to state, that if I were employed 
 in a school in which any one of them were used, I should not take the trouble to 
 change them. The adaptation of this or that series of school books often depends 
 more upon the manner in which both teacher and pupil have been in the habit of 
 invesiigaling a particular subject, than upon the abstract merits of the text book 
 used. There is, not unfrequently, more advantage in knowing bow to use a 
 particular tool or implement, than in its relative excellence. 
 
 Township boards of education, wiih the aid and advice of their best teachers, 
 should endeavor, as soon as practicable, to fix upon some one series, and then 
 adhere to it until some new work shall make its appearance, with such superior 
 merit as to warrant the expense of a change. It is the custom in many localities, 
 when the school board has determined upon the books to be used, to adhere to 
 them for at least five years, and then call a meeting for the purpose of ascertain- 
 ing whether any changes are really demanded. Such a course is productive of 
 many advantages. It helps to give stability to a school system, enabling pupils 
 to progress regularly with their several studies, and prevents much needless 
 expense to parents. 
 
 QoES. 62. — Our school district is over two and a half miles square, and in the 
 verv center of it lies a farm of some three hundred acres of land, and the owner 
 utterly refuses to convey any portion of it for a school-house site. Is there any 
 law by which our local directors, or the township board of education, can procure 
 a site for a school-house on said farm, if the owner persists in his refusal to sell 
 or lease ? 
 
 Aks. — There is no such law. A bill was introduced into the late general 
 assembly providing a mode by which township boards of education might, under 
 circumstances like those stated above, obtain a suitable site for a school-house. 
 The bill passed the lower house, but was lost in the senate. The law should 
 most unquestionably make some provision for procuring school-house sites where 
 the owners of the land refuse, without good cause, to sell. If it is right to con- 
 demn land for railroads, no good reason can be assigned why some similar provi- 
 sion should not be made for the benefit of common schools and the cause of 
 education. The reason, no doubt, that such a law was not enacted by the late 
 general assembly, was that a majority of the senators and representatives could 
 not bring their minds to believe that in this land of common schools, this repub- 
 lican country, where the principle is fully recognized "that the) e is no security 
 for a free government, but in the intelligence and virtue of the people," any gentle- 
 man could be found who would not, for love or monej^ accommodate his friends, 
 his neighbors, the rising generation, his country and humanity, by selling or 
 leasing to them a small piece of ground for a school-house site ! 
 
 QuES. 54. — Is a colored person eligible to the office of local director, in the 
 sub-district in which he resides ? and if appointed clerk in his sub-district, can he 
 lawfully claim a seat in the township board of education ? 
 
 A.N8. — In article XV., sec. 4, of the constitution of Ohio, the following language 
 is used, viz : " No person shall be elected or appointed to any office in this state, 
 unless he possess the qualifications of an elector." 
 
 Section 1, article V., of the same instrument, reads as follows, to wit : "Every 
 wJdte male citizen of the United States, of the age of twenty-one years, who shall
 
 95 
 
 have been a resident of the state one year next preceding the election, and of the 
 county, township, or ward in which he resides, such time as may be provided by 
 law, shall have the qualifications of an elector, and be entitled to vote at all 
 elections." 
 
 From the above provisions of the constitution of this state, it is obvious that 
 colored persons are not eligible to the office of local director of a sub-district. 
 
 Schools for colored youth must be established, regulated and controlled by town- 
 ship boards of education, in accordance with the provisions contained in stc. 31 of 
 the new school act. 
 
 QuES. 55. — Is it lawful for a township board of education to abolish a sub-dis- 
 trict containing more than sixty resident scholars, by enumeration, for the purpose 
 of annexing the territory thereof to an incorporated village containing not less than 
 three hundred inhabitants, when a majority of the legal voters of said district are 
 opposed to such annexation ? 
 
 Ans. — In sec 33 of the new school act, it is declared that " It shall be laicful 
 for the township board of education in any township in which a city or incorporated 
 village is situated, by and with the consent of the board of education of said city 
 or incorporated village, to transfer, for educational purposes, the scholars of such 
 parts of their respective townships as lie adjacent thereto, and that such transfer 
 shall be controlled, and such school supported in the same manner, and on the like 
 principle, as in cases of like transfers tor the convenience of schools, where two or 
 more townships adjoin, as provided in this act." 
 
 In sec. 16, it is declared that ♦' Whenever it shall happen that persons are so 
 situated as to be belter accommodated at the school of an adjoining township, it shall 
 be the duty of the respective boards of the townships in which such persons reside, 
 to transfer them for educational purposes." 
 
 From the above provisions of the law, it is obvious that the propriety, as well as 
 the legality, of annexing territory and transferring persons to cities and incorporated 
 villages, for school purposes, must be determined on the principle of '• the better 
 accommodation of the persons " requesting to be transferred ; and the wishes of the 
 persons so to be transferred constitute the best evidence of such " hstter accommoda- 
 tion." 
 
 QuES. 67. — When a person is employed to teach school by the mouth, of how 
 many days shall a month consist? On what holidays may a teacher dismiss his 
 school ? To what vacdiions would a teacher be entitled when employed by the 
 year ? 
 
 Ak8. — The holidays on which a teacher may dismiss his school, are such as it 
 is customary to observe, either through the country or in particular localities ; 
 among these may be enumerated the Fourth of July, Thanksgiving, Christmas, 
 New Year, etc. 
 
 The teacher may, also, unless restrained by special contract to the contrary, 
 dismiss his school on the afternoon of each Saturday, or on every Saturday, or 
 every alternate Saturday, according to the particular custom of the district in that 
 respect. In the absence of an express agreement to the contrary, a school month 
 consists o{ four weeks, or a calendar month, according to the ptarticular custom of 
 the district, city, or township. If, in a particular locality, four weeks have been 
 regarded, as a school month, and both teacher and directors are cognizant of the 
 custom when the former is employed, and the contract between th« parlies does 
 not expressly declare what shall be considered a month, the matter of lime must 
 be determined by the parti,:ular custom of the place. 
 
 'I'he length of vacat'ons to which the teachers are entitled when employed to 
 teach by the year, is, like the length of a school month, determined by custom, in 
 the absence of an express agreement between the parties. 
 
 QuES. 69. — When a local director is appointed clerk of a sub-district, does he
 
 96 
 
 hold his office as a member of the township board of education durinw the entire 
 term for which he was elected local director of his sub-district ? 
 
 Ans. — He holds his office as such clerk for one year, and until his successor is 
 elected and qualified. 
 
 The rule, as well as the practice, which has generally been adopted by school 
 directors, boards of education, and all similar boards or bodies coiporate, where 
 some of the members are elected, and others go out of office annually, or at stated 
 peiiods, is to organize as often as such new members are elected. 
 
 This is a convenient rule; for in case ihe clerk of the board of local directors 
 does not satisfactorily represent the wishes of his district in the township board, 
 the inhabitants of the district can, at the next annual election, take sucli measures 
 as will secure the appointment of another person to said office. 
 
 QuES. 60. — How are transfers of territory to be made to cities and incorporated 
 villages organized as to schools under tije " act for the better regulation of schools 
 in cities, towns," etc., passed February 21, 1849, or other acts creating sjiecial 
 school districts ? 
 
 Aks. — The rule in relation to the transfers of territory to or from special school 
 districts, is ihe same as in the case of cities and villages organized as to schools 
 under the provisions of the general school law, as expressed in the last clause of 
 sec. 32, and sec. 33 of the new school act. 
 
 It is perfectly competent and lawful for the board of education of a township in 
 ■which a special district is situated, by and with the consent of the board of educa- 
 tion of such special district, to transfer thereto, for educational purposes, the 
 scholars of such parts of the township as lie adjacent thereto, when the inhabitants 
 of the territory to be annexed desire it, and when their better accommodation, as 
 well as the best interests of the schools and the cause of education, would justify 
 the transfer. 
 
 QoES 61. — Are township boards of education authorized by law to change or 
 alter the sub-districts in their respective townships, at any other than the regular 
 meetings of the board '? 
 
 ^Ks — la section 12 of the new school law, it is declared that "it shall be the 
 duty of township boaids of education to hold ngular sessions on the third Mondays 
 of April and of September of each year, with power to adjourn, from time to time, 
 or to hold special meetings at any other time or place within the proper township, 
 as they may think desirable for the transaction of business," viz : " business which 
 may be necessary in relation to the subject of either the primary or graded schools 
 of the township " 
 
 Section fourteen authorizes said boards to change or alter, at any regular session, 
 the sub-districts of the township. 
 
 From the above language, it is obvious that theframers of the law did not intend 
 to authorize the re-distiioiing of tosvnships, except at the regular meetings of the 
 board. 
 
 It would seem that they regarded the rights and interests involved in the change 
 or alteration of school districts, as of too grave a character to justify such change 
 or alteration at a special meeting, called at any time, and with very little publicity 
 amont' the inhabitants in regard to what was going to be transacted at such special 
 meeting. 
 
 It would be well if all such alterations were made at the regular meeting in 
 April. The school moneys derived from the Slate tax being distributed to several 
 sub-districts in the township, in proportion to the enumeration of scholars, a great 
 practical inconvenience would result from the alteration of districts at the regular 
 meeting in September; for the law requires the directors in each sub district to 
 take, <n- cause to be taken, annually, between the first and third Monday of Septem- 
 ber, an enumeration of all unmarried white and colored youth, noting them sep- 
 arately, between the ages of five and twenty-one years, resident withm such sub- 
 
 I
 
 97 
 
 district, and not temporarily there, and return a certified copy thereof to the 
 township clerk. 
 
 To re district a township at the regular meeting in September, after the enumer- 
 ation is taken, would prevent the disribution of the school raooeys derived trora 
 the State tax among the several sub-districts in the township, according to the 
 number of youth in each, after such alteration has been made. 
 
 Whenever, therefore, it becomes necessary to re-district a township at the Sep- 
 tember meeting, the local directors should be requested to postpine taking the 
 enumeration until such alterations are made, so that the school moneys applicable 
 to the payment of teachers may be distributed among the several sub districts 
 according to the number of scholars of school age in each subdistri'^t as altered. 
 QuES. 63. — Are township boards of education legally empowered to change or 
 alter school districts, by consolidation or otherwise, at special meetings ? 
 
 Ans — They are not ; for sec. 14 empowers them to change or alter sub-districts 
 at any regular S'^ssions on the third Monday of April and September in each year, 
 with power, hr>wever, to adjourn, from time to time, until all the business required 
 to be transacted at regular meetings shall have been accomplished. 
 
 A regular meeting, then, adjourned from day to day, or from w- ek to week, etc., 
 is still a regular meeting, at which sub-districts may be changed or altered. 
 
 The framers of the law seemed to regard the re-districting of a township, as 
 well as the change or alterauon of a sub-Jistrict, as matters of too much import- 
 ance to be performed at any other thi'i the regular meetings of the board, notice 
 of which would be brought to every inhabitant of the towns'iip or sub district by 
 the law iti^elf. Besides, if alterations are required, they should be made as the 
 law requires, in April or September, j ist previous to the opening of the winter or 
 spring sessions of the schools. Great practical inconvenience might result from 
 such change or alteration in the middle of a school term or session, and township 
 boards of education be greatly embarrassed in distributing the school moneys 
 applicible to the payment of teachers. 
 
 QuKs 67. — In a sub district in which a new school-house is being erected for 
 the accommodation of ihre-; hundred and tifty scholars, $300 is needed to complete 
 the new house and repair the old one ; and the questions submitted are. how shall 
 the money be raised, in case the township board of education refuse to certify the 
 amount so needed to the county auditor for assessment on the taxable pnjperty of 
 the township, on or before the first Monday of June next ; and ,vhether the local 
 directors of said sub district are legally empowered to borrow the sai 1 sum of 
 $300, and secure its payment by executing a mortgage upon the said school - 
 bouse ? 
 
 Ans. — In sec 7 of the school law, it is declared that all contracts for the sp cific 
 purposes iheiein mentioned, must be negotiated and made '• under such rules and 
 regulations as the township board of education may prescribe," and that local 
 directors are not empowered to enter into contracts involving an expenditure be- 
 yond a certain amount, without authority from the township b )ard. 
 
 As the township board, by the provisions contained in sec. 11, is made a "body 
 
 politic and corp)rate in law — c^paole of contracting and being contracte J mu\ 
 
 and as such is vested, in its c jrporate capacity, with the tule, care and custody of 
 all shool-houses," etc, it follow.-, as a matter of course, that local directors are 
 not empowered to execute mortgages upjn school houses or other school property 
 to raise funds for school purposes. 
 
 It is exceedingly questionable whether even township boards of education possess 
 any such power ; tor in sec 43, it is expressly declared that " ea^h an 1 every Joi 
 or pirc-l of 1 ind which heretiitore has been, or herea'ler shall be, appr 'priated 
 for the ue of common schojls in tuis sta e, on which thjre has been or shall be a 
 school-house erectel, and which has been or shall be occupied for the purpose of 
 accommodating a common school of whatever grade, in the usual manner from 
 7
 
 98 
 
 time to time, howsoever or by whomsoever the ?egal title to the same may be held 
 and vested, shall be, acd the same is hereby exempted from the sale on execution, 
 or other writ or order in the nature of an execution.'^ 
 
 A school-house and site being thus exempted from sale, etc , it would seem that 
 a mortgage executed on the same, to secure the cost of building a new school- 
 house, could be of no validity. 
 
 Besides, there can be no need of any such security ; for when the township 
 board authorizes the local directors of a sub-district to negotiate and make a con- 
 tract for the erection of a new school-house, etc , the last clause of section 7 holds the 
 township board " responsible in its coroorate capacity for the performance there- 
 of ;" and should they neglect or refuse to make and certify at the proper time, 
 the necessary estimates therefor, to the count> auditor, the court, on application, 
 would compel them to do so, by writ of mandamus , ox the party suffering t>y their 
 neglect could enter suit against them, as provided for in section 65. Such a 
 debt is virtually a debt against the whole township, and must be assessed on the 
 taxable propt-rty of the township, which would be a far bt tter security than a 
 mortgage on a school-house, even if it could be legally given for the purpose of 
 securing the debt as proposed. 
 
 QuES 69. — Are the inhabitants of an incorporated village, including the terri- 
 tory annexed to the same for scliool purposes, which contaios not less than three 
 hundred inhabitants, and which, by the new school law, is created a separate 
 school district, with a separate board of education, still at liberty to adopt the 
 provisions of the " act for the better regulation of schools in cities, towns," etc., 
 passed February 21, 1849, and the acts amendatory thereto ? 
 
 Ans — They are thus authorized ; for the present school law " must not be so 
 construed as t) repeal, change, or modify in any respt^ct," the several provisions 
 of certain acts specified in the first clause of seciioa 67 In the last clausj of 
 section 1, it is expressly declared that " nothing in the new school law shall be so 
 construed as to give to the township board of education jurisdiction over any ter- 
 ritory in the township included within the limits of any city or incorporated vil- 
 lage, which now is, or may hereajter be governed as to schools by any special or 
 other act, specified in the sixty-seventh section of this act " The language, " or 
 may hereajter be governed," etc., settles the question beyond doubt. 
 
 One of the most important characteristics of our school system, is its flexibility. 
 If the inhabitants of a city, town or incorporated village, containing a certain 
 number of inhabitants, organized as to schools under any of the acts referred to 
 in the fi st part of section 67, prefer the provisions contained in sections 32, 33, 
 34 and 35 of the general school law, section &Q authodzes the change, and points 
 out the way in which it may be effected. On the o her hand, if the inhabitants 
 of any city, town or village, desire to have their schools organized under any of 
 the acts mentioned in the first part of section 67, it can be done in the manner 
 prescribed in those acts re<pectively. Hence the inhabitants of no city, town or 
 village in the state, can have any reason to complain of the general assembly of 
 the state for not providing them with a school law adap;ed to their peculiir con- 
 dition 
 
 QuES. 71 — In the incorporated village of Greenfield, there is a good seminary 
 bu\lding, which, with a little remodeling, would acci'mmodate all the scholars in 
 the corporation. There is no public school house m which the common schools 
 of the village can be kept during the coming winter. 
 
 Under the above circumstances, would it be legal for the board of education to 
 enter into arrangements with the principal of said seminary, for the instruction, of 
 all the scholars of the town, agreeing to pay him the public funds applicable to 
 the payment of teachers, and authorizt^ him to charge those sending to the school 
 such tuition fees as would remunerate him and his assistants for the balance of 
 the expense of instructing such scholars ? And has the board the power to pro-
 
 99 
 
 vide for keeping the common schools in operation, after the state funds have been 
 exhausted, by charjing parents, pro rata, such tuition fees as would cover the 
 balance of the expense ? 
 
 Aks. — A negative answer must be returned to both of the above questions ; 
 for the present school law contains no provisions authorizing local directors or 
 boards of education to raise by rate bill, made out against those sending to 
 school, in proportion to the number of children sent, to be ascertained by the 
 teacher's list, as under the former school law, for the purpose of meeting any 
 balance for the payment of teachers' wages, or other school expenses, incurred 
 beyond the amount apportioned to a d'strict from the state school funds. 
 
 In section 63, it is expressly provided th^t, " for the purpose of aflfording the 
 advantage's of a free education to all the youth of this state, the state common 
 school fund shall hereafter consist of such a sum," &c. In flie last clause of 
 section 21, it is declared to be the duty of "each township board to make the 
 necessary provision for continuing the schools in operation in their respective 
 townships for at least seven mon'hs in each year ;" and this provision must be 
 made in the manner prescribed in the first clause of section 22, where it is made 
 the " duty of the board of education in each organized township of the state, 
 annually to determine by estimate, as nearly as practicable, such additional 
 amount as the board may think necessary, not exceeding two mills on the dollar 
 valuation of the taxable property of the township," for the purpose of prolong- 
 ing, after the state funds have been exhausted, the terms of the several sub-dis- 
 trict or primary schools in the township. By the provisions contained in sections 
 32, 33, 34 and 35, each city or incorporated village, &c., is created a separate 
 school district, with a board of education, authorized "to perform the same duties, 
 and to exercise all the powers which are by this act conferred upon township 
 boards of education " 
 
 Whenever it shall become necessary or expedient, then, to prolong, after (he 
 state funds have been exhausted, the schools in any city or incorporated village, 
 organized as schools, under the provisions of the general school law, the board 
 of education of such city or village should " make an estimnte for that purpose, 
 and certify the same to the county auditor," according to the provisions contained 
 in section 22. 
 
 QuES. 73. — In a certain sub-district, seven colored youth were enumerated in 
 October last. The county auditor apportioned the school money belonging to the 
 township in which said sub-district is situated, to the several sub-districts in said 
 township, in proportion to the number of youth in each, withoit distinguishing 
 the amount distributed on account of said colored youth. There are no other 
 colored youth in the township, consequently no school for colored children has 
 been established by the township board of education. The local directors refuse 
 to admit said colored children to the school in said sub-district ; but wish to ap- 
 propiiate the money derived from the state school tax on account of said colored 
 youth, to the education of the white youth in said sub-district. Does the school 
 law authorize such an appropriation to be made ? 
 
 Ans. — It does not. The law requires the directors in each sub-district to 
 enumerate separately the colored youth, in order that the amount of school funds 
 applicable to the paymtnt of teachers, and apportioned to any township on ac- 
 count of the colored youth resident therein, may be expended for their instruc- 
 tion, and for no other purpose. 
 
 There is some ambiguity, it is true, in the language employed in section 31, 
 owing, it is believed, to faulty punctuation. But from all the provisions contained 
 in the law relitive to coloied youth, and from the statements of those who aided 
 in drawing up those provisions, the following may be regarded as the fair and 
 legitimate construction : 
 
 1. The proper boards of education are required to establish, within their re
 
 100 
 
 spective jurisdictions, one or more separate schools for colored children, when the 
 whole number by enumeration exceeds thirty, and to continue said schools in 
 operation until the moneys apportioned on account of said colored youth shall 
 be exhausted, or until the average number in attendance shall be less than fifteen 
 for any one month. In the latter case, it is made the duty of the board of edu- 
 cation, or other school officers, to discontinue said school or schools for a period 
 not exceeding six months at any one time. 
 
 2. Wh*-n the whole number by enumeration is less than thirty and more than 
 fifteen, it is the duly of the board to provide a school for colored children, when- 
 ever the funds applicable to ihat purpose shall be sufficient to keep the school in 
 operation a reasonable length of time. 
 
 3. If the number of colored children shall be less than fifte n, the directors 
 shall reserve the money raistd on the number of said colored children, and the 
 money so reserved shall be appropriated for the education of such children, under 
 the direction of the township board. 
 
 4. The money so reserved for the education of colored children, may be used 
 to procure for them private instruction ; or the teacher of the sub district school 
 may be employed to instruct them in an evening school, or at such other times as 
 may be deemed expedient ; or they may be instructed during the vacation of the 
 school for white youth ; or they may be admitted to the common school of the 
 sub-district, if no objections are raised against such an arrangement. 
 
 QuEs. 75. — In a certain sub district there are three different denominations or 
 organized churches who have no church building belongiog to either of them, but 
 have heretofore used the school-house, one Saturday and Sunday, each monlh. 
 We now have a good new school-house, nearly completed. About two-thirds of 
 the district are in lavor of ubing the new house as the place of the regular meetings 
 of their respective churches; the other third, who have church buildings of their 
 own out of the district, oppose it. Those opposed contend that they should not 
 be compelled by law to support any "religious denomination;" that they were 
 compelled by law to build ihe new school-house for scnool purposes only, and not 
 for a church — for " religious tocieties" whose doctrines they may not believe, or 
 wish to support. 
 
 The mam point upon which we desire a public answer is this : 
 
 Have the local directors authority to permit a religious society to use a school- 
 house as regular place of worship ? 
 
 Or has the township board of education power to permit a school-house in a 
 sub-district to be used regularly by any religious society as a place of worship for 
 said society ? 
 
 Should the township board or local directors permit such use of any school- 
 house, in opposition to the wishes of a third, or any number, of the citizens of a 
 8Ub-di>trici, what is the remedy of those who oppose it, or feel aggrieved in con- 
 sequence ? 
 
 Ans — By sec. 1 1 of the School Law, township boards of education are invested, 
 in their corporate capacity, with the title, care and custody of all school-houses, 
 school-house sites, school libraries, apparatus, or other property, bel nging to the 
 school distric's, as now organiz';d, or which may be hereatter organized, within 
 the limits of their jurisdiction, with full power to control the snme in such manner 
 as they may think will best subserve the interest of the common schools and the 
 cause of education. 
 
 By sec 22, township b lards of education are required, annually, to determine, 
 by estimate, as nearly as practicable, the entire amount of money necessary to be 
 expended in repairing, building, or furnishing schnol-houses, in procuring school- 
 house sites, and for all school purposes other than the payment of teachers, to 
 make known the same, by a certificate in writing, etc , to the auditor oi the proper
 
 101 
 
 county, who shall thereupon assess the entire amount of such estimate on all the 
 taxable property in the township, etc 
 
 From the foreg ling it is obvious that school-houses, etc., do not belong to the 
 sub-districts in which they are located, but are the property of the towosh'p, and 
 their use must, in accordance with the provisions of the school law, be subject to 
 the control of the township boards of education ; and if used for any other than 
 for sch )ol purposes, it must be wiih the assent and approbation of such boards, 
 and of the inhabitants of the sub districts generally. 
 
 The question, to what uses school-houses should be confined by boards of edu- 
 cation, is one of great drlicacy, and demands much consideration. The general 
 principle in regard to questions of this nature is this : that it is the duty ot boards 
 of education to exercise such a general supervision over the care and management 
 of the school-houses in the several sub-districts, as that the instruction of the pupils 
 in the schools shall nut be embarrassed by any use of the houses other than for 
 school purposes, and that the school property of the township, the furniture, books, 
 apparatus, papers, belonging to the schools, or the pupils, shall not be injured or 
 destroyed. Any use of the school-houses in subordination to these restrictions, 
 and not inconsistent with the main purposes for whiih they were designed, must 
 be left to the discreet determination of the boards of education, who should pay 
 due regard to the reasonable wishes of the local directors and inhabitants of the 
 sub districts, remembering, meanwhile, that all the property of the township must, 
 under the present school law, be taxed for building, furnishing, or repairing 
 school-houses. 
 
 School-houses, then, are now the property of the township, and subject to the 
 control of the boards of education, within the limitations of the law. 
 
 The purposes for which they were erected must be pursued, and nothing should 
 be permitted to interfere with these purposes. But when these purposes are 
 accomplished, there is neither reason nor law for prohibiting their application to 
 any object of social or moral improvement which the inhabitants m ly sanction 
 and desire. Upon this principle, and subject to the restrictions and limitations 
 referred to, they may be used, out of school hours, and when not wanted for 
 school purposes, for religious meetings, Sunday-schools, lectures, debating socie- 
 ties, or any moral, literary or useful purpose, with the consent of the board of 
 education, and with the approbation of the inhabitants and local directors of the 
 sub-districts ; and in many of the country districts it is no doubt a very desirable 
 privilege for the inhabitants to be permitted thus to use the school-house. 
 
 QuES. 76 — Are children of less than half African blood entitled, as a matter of 
 legal right, to the privilege of attending the common schools of this State? 
 
 Ans. — To answer the above question, it is necessary to ascertain the judicial 
 construction of the term " white," as used in the Constitution ot this State. 
 
 In the case of Gray v. The ktate of Ohio, found in Vol. IV. Ohio Reporis, page 
 354, it is held that persons nearer white than a mulatto, or halt-blood, were enti- 
 tled to the privileges of whites. 
 
 Williams V. School Directors, etc., Vol, — . Wright's Reports, page 578. In this 
 case the question was, whether the children of a white mother and a jather three- 
 quarters white are white children, within the meaning of the school law. Atlirm- 
 ative opinion given. 
 
 Tkacker v. Hawk et al.. Vol. XI. Ohio Reports, page 376. In this case it was 
 held that a person nearer white than a mulatto is awhile person, within the mean- 
 ing of the Constitution. 
 
 Lane v. Baker et al , Vol XII. Ohio Rep ^rts, page 237. Held, that youth of 
 negro, Indian and white blood, but of more than half white blood, are entitled to 
 the benetit of the school fund. 
 
 According to the decisions in the cases cited, an aflBrmative anbwer must be 
 given to the question propounded.
 
 102 
 
 QuFS. 77. — The board of education of , township directed their clerk to 
 
 draw orders on the township treasurer for the payment of their services as mem- 
 bers of such board, which orders were paid by the treasurer. As soon as it was 
 known that the present school law did not allow compensation to members of 
 township boards of education for iheir services, some ot the members were willing 
 to refund, but others were not. How shall the school funds ihus improperly 
 applied be recovered back ? 
 
 Ans. — Where money is paid out under a mistake, or a misapprehension of the 
 law, the party paying the same, may recover it back in a suit as '^for money had, 
 received," etc. 
 
 QuES. 79. — How shall the vrages of a teacher employed in a sub-district com- 
 posed of parts of four townships, be paid, and how shall the other expenses of such 
 a school be defrayed ? 
 
 Ans. — The local directors should give him a certificate or certificates of the 
 amount or s-ums due him from the treasurers of each of ^aid townships These 
 several sums can be easily ascertained ; for the enumeration of youth of school 
 age, resident in each of the parts of a joint or fractional sub-district, is required 
 to be separately taken, and reported to the clerk of the township in which such 
 part is situated. 
 
 The amount of money necessary to be expended in a fractional sub-district, for 
 school purposes oifaer than for the payment of teachers, should be estimated by 
 the board of tducaticn having the control and management of such joint school. 
 The respective boards of the adjoining townships, so connected for school pur- 
 poses, should certify their share of taid amount to the auditor of their county, as 
 a part of their annual estimates for schopl purposes, and draw orders on their 
 respective township treasurers for said shares, in favor of the board of that town- 
 ship in which such school is located. 
 
 The teachtr of a fchool in a fractional sub-district should file his report with 
 the clerk of the township in which the school-house is located, or whose board of 
 education has the control and management of said joint school, and obtain fiom 
 said clerk a certificate oi the fact of his having fi'ed his report as required by law ; 
 which certificate he should exhibit to the cltiks of the other townships, when he 
 applies to them for orders on the township treasurers for the respective sums cer- 
 tified to be due to him by the local dhectors of said fractional sub-district. 
 
 QuES. 80 — In subdifctiict Ko. — , in township, no annual meeting for the 
 
 election of a local director was held on the second l^londay of April last, and the 
 township clerk filled the vacancy by appointment. Was the appointment legal? 
 
 At-s. — It was rot ; for it is provided in section 2 of the school law that "each 
 local director shall ccnticue in office until his successor is elected and qualified." 
 
 Although the term of office of a local director m' y regularly expire on the 
 second Monday of April, and no e'ection be held, yet no such vacancy is thereby 
 created as is provided for in section 3 of the school law. The vacancies referred 
 to in that section are those occasioned by the death, refusal to serve, removal out 
 of the sub-district, resignation, or incapacity of such officer. 
 
 Whenever the time for toldirg the annual meeting in a sub-district, for the elec- 
 tion of a local diiector, shall pass without such election beicg held, it is declared, 
 in section 4, to be "lawful tor any three qualified voters ot such sub-district to 
 call a special meeting of the vofeisof such sub-distiict, for the purpose of electing 
 such directors, on first giving five days' notice, in writing, ot the time and place of 
 holding such neeting," etc. 
 
 It is evident from the provisions contained in the second, third and fouith sec- 
 tions of the school law, that it was rot the design oi the Legislature to deprive 
 the electors in a sub district of the privilege of eJectirg at least one local director 
 annually. 
 
 QcEs. 82. — Mr. J , a teacher in the common echools of the town of M ,
 
 103 
 
 has been prosecuted for inflicting corporal punislunent on one of the scholars, who 
 had repeatedly transgressed the rules of his school. It is not pretended that the 
 punishment was disproportionate to the offense, or that the S'-holar received any 
 personal injury, for the teacher stru'-k him only three blows with an ordinary rod. 
 
 What is the law in regard to the right of a teacher to it flict corporal punishment 
 on his scholars ? Are there any cases or decisions which settle this question ? 
 
 Ans. — The question as to the right of a teacher to inflict corporal punishment 
 upon scholars, has never come before the Supreme Court of this State. Teachers 
 have been prosecuted in this as well as in other States for inflicting such punish- 
 meLt, and the question as to their legal right to do so has been frequently raised, 
 but the decisions have very generally been in favor of such right. The teacher 
 being in loco parentis, and responsible for the government and proper difcipline of 
 his pchool, is clothed with the same power to punish scholars for refractory con- 
 duct which is allowed by law to a parent in the government of his children. The 
 decisions of all the cases of this kin 1, within the knowledge of the undersigned, 
 have generally turned on the point whether the punishment was reasonable or not. 
 
 In a case which came before John C. Sp^'ncer, one of the ablest jurists of the 
 State of New York, while he was superintendent ex officio of common schools, he 
 decided that " the authority of the teacher to punish his scholars extends to acts 
 done in the school- room or on the play ground. The teacher of a school has, 
 necessarily, the government of it, and he may prescribe the rules and principles 
 on which such government will be conducted. The trustees should not interfere 
 with the discipline of the school, except on complaitit of misconduct on the part 
 of the teacher ; and they should then mvariably sustain such teachtr, unless his 
 conduct has been grossly wrong." 
 
 A similar decision was made by John A. Dix a distinguished stat^esraan and 
 jurist, while he was superintendent of common schools. He said : " The teacher 
 is responsible for maimaining good order, and he must be the judge of the degree 
 and nature of the puLishment required, where his authority is set at defiance. 
 At the same time, he is liable lo the party injured for any abuse of a prerogative 
 which is wholly derived from custom." 
 
 In Kent's Commentaiies, seventh edition, vol. ii. page 212, note, the following 
 decision may be found : "A schuolmaster, who stands in loco 2}aren(is, may, in 
 proper cases, inflict moderate and reasonable chastisement." S'.atev. Prendergrass. 
 
 The subjoined cases are somewhat analogous. "The master of a vessel may 
 inflict moderate correction on his seamen, for sufficient cause ; yet if he exceeds 
 the bounds of moderation, and is guilty of unnecessary severity, he will be liable 
 for a ttespas"." 14 Johns Rep 119. "A master may justify the chastisement 
 of his apprentice, servant, or schoUr, if it is done with a proper instrument and 
 in a proper mannf-r." 3 Silkeld, 47. 
 
 In Wharton's American Criminal Law, page 464, the following principle is laid 
 down : "It is admissible for the defendant to show that the alleged battery was 
 merely the correcting of a child by its parent, the correcting of a servant or 
 schoar by his master, or the punishment of the criininal by a proper officer ; but 
 if the parent or m ister chaslismg the child exceed the bound of moderation, and 
 inflict cruel and merciless punishment, he is a tre^pisser, and liable to be punished 
 by indictment. The law confides to schoolmasers and teachers a discretionary 
 power in the infliction of punishment upon pupils, and will not hold them respon- 
 sible criminally, unless the punishment be such as to occat^ion permanent injury 
 to the child, or be inflicted merely to gratify their own evil passions." 
 
 From the foregoing opinions and decisions, the principle would seem to be pretty 
 well settled, that the power allowed by law to the parent over the person of bis 
 child is, by the act of sending the child to school, delegated, for the time being, 
 to the teacher ; and that the same circumstances which would justify a parent ia
 
 104 
 
 resorting to corporal punishment, in order to subdue a disobedient child, will also 
 justify a teacher in the use of the same means to control a refractory scholar. 
 
 There has been, it is true, much diversity of opinion amonsr eminent education- 
 ists, and others, as to the necessity, expediency, or even utility, ot corporal pun- 
 ishment as a means of schuol government ; but the right of the teacher thus to 
 punish his scholars, for stubborn and continued resistance to his authority, has not 
 been judicially denied. 
 
 QoEs. 83 — In the sub-district No. — , in township, an individual holding 
 
 a proper certification, was duly employed by the local directors of said sub-district 
 to teach the school therein, for the term of four months. After teaching two 
 months and a half, several of the inhabitants became quite dissatisfied with him 
 and the school ; and the local directors informed him that they had determined to 
 close the school, and that his services would no longer be required But he in- 
 sisted that he had a legal right to teach the school until the expiration of the 
 time for which he had been engaged. The local directors then lociied the school- 
 house door, and thus prevented him from continuing the school. The loc^l di- 
 rectors were then notified that he was ready to resume and go on with the school 
 whenever the door of the school-hou^e should be opened. 
 
 Out of this transaction, two questions have arisen, viz : 1. Whether an incom- 
 petent or negligent teacnei can legally be dismissed before the expiration of the 
 term for which he was employed, without first procuring from the county board 
 of examiners a revoca'ion of his certificate? 
 
 2. How can a teacher tbtain redress when he has been improperly dismissed ? 
 
 Ans. — By section 6 of the school law, it is made the duty of local directors to 
 employ teachers, and to dismiss them, at any time, for such reasons as they may 
 deem sufficient. 
 
 From this language it is quite obvious that, under proper circumstances, local 
 directors may legally dismiss a teacher before the expiration of the time mentioned 
 in their contract with him, and without first procuring a revocation of his certifi- 
 cate. But in as much as it is declared in said section that such dismission must 
 be for reaaons deemed svfficierd, the general rule of law demands that such reasons 
 must be good, valid and substantial, and not mere prejudices, or groundless dis- 
 satisfaction. If the moral character of the teacher referred to, or his general 
 management of the school, were such as. in the estimation of all candid, judicious 
 men, to render him an unfit person to take charge of a school, whether such un- 
 fitness resulted from a want of learning, ability, or industry, the action of the 
 local directors was clearly right, and tbe teacher cannot recover wages for the 
 whole lime embraced in his contract. In other words, if the teacher was incom- 
 petent, the local directors were legally empowered to dismiss him, and to rescind 
 the contract mnde with him. They employed him as a well qualified, fully com- 
 petent teacher, and the moment he ceased to be such, there was a failure of the 
 consideration for the contract. ****** 
 
 When local directors are so unfortunate as to employ an incompetent teacher, 
 the law vtsts in them a choice of remedies They may either dismiss him at 
 once, or they iray bring the case before the county examiners, with a written 
 specification of the complaints against him, and request a revocation of his certifi- 
 cate, or, at least, an investigation of the case ; and the revocation, if made, would 
 be tantamount to a dismission. But local directors are not required to take this 
 circuitous and dilatory mode of getting rid of an incompetent teacher. In all 
 cases, however, where there is any reasonable doubt as to the qualificHtions and 
 fitness of the teacher, it would be preferable to let the examiners investigate the 
 facts and decide the question of his competency. By the provisions contained in 
 sees. 6 and 46 of the school law, two safeguards are thrown around the common 
 schools, viz : 1st, the power of local directors to dismiss teachers who fail to sus- 
 tain a good moral character, or to teach a gocd school ; 2d, the authority vested
 
 105 
 
 in the connfy examiners to revoke the certificates of teachers for negh'gence or 
 incompetency. 
 
 Qc£S. 84 — Among the sub districts in township, some diversity prevails 
 
 in regard to boarding teachers. In some of the sub-districts, teachers board 
 themselves, and the expense of their board constitutes a pnrt of their monthly or 
 quarterly salaiies ; but in olhtr sub distiicts the inhabitants who pend their chil- 
 dren to school, gratuitously board the teachers. The question has therefore arisen, 
 whether any portion of the State school fund, or of that raised in the towiship for 
 the purpose of prolonging the schools, can legally be expended in paying ihe 
 board bills of teachers ? 
 
 Ass. — If by the terms of the contract made with the teacher, the latter engages 
 to teach the school for a given sura per month, or by the quarter, and board him- 
 self, it is very evident that his salary or wages includes the cost of his board, and 
 the 8tate or township school fund can legally be applied in payment thereof But 
 if the teacher is boarded by the inhabitants of the sub-district, or, in oth^-r words, 
 if he " boards round," as the practice is usually termed, his board mutt be r. garded 
 as a gratuity on the part of tne inhabitants, and can not properly be considered as 
 any part of his wages, to be paid for out oi the State or township school fund, 
 which is made applicable to the payment of teachers' wag- s only. 
 
 Wiiile the undersigned would not desire to interfere with any arrangement be- 
 tween teachers and local directors, made with a view to lengthen out the school 
 funds and prolong the schools, yet it is proper to state, t^at there is no legal au- 
 thority for making a contract with a teacher that he shall " board round," because 
 such a coitract can not be enforced on the inhabitants of a sub-district. But as 
 the people in some parts of the State are reluctant to relinquish a custom to which 
 they have been for a long time habituated, there can be no serious objection to its 
 continuance, provided all the inhabitants of the district agree to it, and provided 
 also, the custom is uniform throughout all the sub-districts in the township. If, 
 however, in some of the sub-districts of the township, the salaries of teachers in- 
 clude the expense of their board, but not in others, great inequalities, in regard 
 to the benefits derived from the township school tax, must inevitably result ; for 
 the law requires such a tax to be assessed on all the taxable property in the town- 
 ship, Ic would seem desirable, then, that the teachers in all the sub-districts 
 should ** board round," or els^e all should board themselvis. 
 
 Where township boards of education can not induce the inhabitants to adopt 
 the same mode of providing for the board ol teachers, the int qualities arising from 
 the want of unitormiiy in this respect may still be obviated as follows : Let the 
 local directors contract with the teacher for a specific sum per month, or by the 
 quarter, including, of course, the expense of board ; and then let a further agree- 
 ment be made that if i-atisfactory board shall be furnished him by those who send 
 their children to school, he will pay them whatever bum per week shall be agreed 
 on. Unless, however, the practice of *' boarding round" can be adopted in all the 
 sub districts, it would be decidedly preferable to abandon it in all, as it is usually 
 attended with many disadvantages to the schools, and much embarrassment and 
 loss ol time to the teacher. 
 
 The teacher needs a steady home, that he may have opportunity for study, and 
 that special pr*^paration for each day's work, which is indispeosa'de to the highest 
 success in teaching. The custom of "boarding round," had its origin in a desire 
 to diminish the amount of the rale-bills which were formerly assessed on the in- 
 habitants to defray the expenses of the school. But since the present school law 
 has abolished the system of rate-bills, the custom of "boarding round" may, with 
 great propriety, be abolished also. 
 
 QuES. 85 — It is claimed hy some of the citizens of the village of , that a 
 
 teacher has no legal auihonty to punish his scholars for disorderly, immoral, or 
 improper acts done while on their way to or from school, or at noon. If such is
 
 106 
 
 the law, how shall those be restrained who abuse their school mates, and use pro- 
 fane and unbecoming language in their presence, before or after school, or at 
 noon ? 
 
 Ans — The legal right of the teacher to punish his scholars for disorderly acts 
 done in the schoo'-room or on the play ground, before the opening of the school 
 after its close, during morning or afternoon recess, or at noon, has been fully 
 recognized by the courts of this country. But whether his authority to punish his 
 scholars extends to imaiordl or disorderly conduct elsewhere, is not so fully estab- 
 lished By some it is contended that the legal right of a teacher to inflict corporal 
 punishment upon a scholar in any ca-e, is derived from the fact that he stands in 
 " loco parentis,'' and therefore it c^n not be extended to acts done before this rela- 
 tion has commenced, or after it has terminated, without the express consent of the 
 parent It is further contended that this delegation to the teacher of the power 
 allowed by law to the paretit over the person of bis child, does not take place till 
 the child has reached the school premises, and must end when he leaves for home. 
 On the contrary, it is maintained by others, that the right of a teacher to hold his 
 scholars responsible for improper conduct on their way to and from school, is fully 
 sanctioned by usige. Under all the circumstances, it is believed that the most 
 prudent course for a teacher to take in a case like the one presented, would be to 
 notify the parent of the misconduct complained o*, and if his permissi )n to punish 
 the offending scholar can not be obtained, and the disorderly behavior be repeated, 
 then to refer the matter to the board of education. 
 
 There can be no doubt that boards of education possess the legal power to make 
 and enforce such rules and regulations as in their judgment may be necessary for 
 the best interests of the schools within their jurisdiction ; and it is their duty as 
 well as th^^ir right to cooperate with the teacher in the government of the school, 
 and to aid him to the extent of their power and iofltience in the enforcement of 
 reasonable and proper rules and regulations, and to dismiss a schoUr from the 
 school whenever he uses at school, or on his way to or from the same, such rude, 
 vulgar or profane language, and exhibits such a degree of moral depravity gener- 
 ally, as to render his association with other scholars dangerous to the latter, or 
 whenever he manifests such violent insubordination as to render the maintenance 
 of discipline and order in the school impracticable or extremely difficult. It is 
 also the duty as well as the legal right of the local directors to see that the general 
 character, us-fulness, and prosperity of the school are not impaired by allowing 
 those to remain in it, whose whole influence, conduct, and bad character, have for- 
 feited all claim to the enjoyment of its privileges. 
 
 QuES. 86 — Does the new school law empower the householders, the local di- 
 rectors, or the town-hip board of education, to select and purchase sites for school 
 houses in sub-districts ? 
 
 Ans — It empowers township boards of education, unquestionably. This is 
 evident from the provisions contained in the iirst, eleventh, fourteenth and fifteenth 
 sections of the law. 
 
 By the eighth section of the school act, passed March 7, 1838, the board of 
 local directors and their successors in office, in each school district, was declared 
 to be a body politic and corporate in law, and, as such, capable of contracting and 
 being contracted with, suing and being sued, pleading and being impleaded \a any 
 court of law or equity in this state, and of receiving any gift, grant, donation or 
 devise, made to, or for the use of such district, and also of receiving a deed of 
 conveyance or lease for any land whereon to erect a school house or houses, &c. 
 By sec. 10 of the present school law, the same is declared in regard to township 
 boards of education. By sec. 9 of the act of 1838, it was declared that the board 
 of local directors should have power to divide their district into sub-districts, and 
 select sites for school-houses and purchase the same. By the last clause of sec. 
 14 of the present school act, the same power is conferred upon township boards
 
 107 
 
 of education ; for it is there declared to be "the duty of the board to establish a 
 school in each sub-district of the township of such grade as the public good in 
 their opinion may require ; and in the location of primary schools or schools of 
 higher grade, the board shall have reference to population and neighborhood, &c. 
 
 Under the present law, then, local directors are not bodies corporate and politic, 
 &c., nor are they empowered to select or purchase sites fur school-houses, except 
 under the direction and subject to the rules and regulations prescribed by the 
 township board of education. 
 
 By reference to the school acts passed in 1821, 1825, 1829, 1831, 1834, 1835, 
 1838, and in 1853, it will be seen that the mode of selecting school-house sites, 
 as well as that ot deciding upon the erection and cost of school-houses, has under- 
 gone frequent changes. Prior to the passage of the school act of 1838, either a 
 majority, or two-thirds, or three-fifths of the householders, or tax payers, or 
 qualified voters of a school district, at the annual meeting, or at a special meeting 
 called with ten, or twenty, or thirty days' notice, determined upon the location of 
 the site, as well as upon the erection and cost of the school house. By the school 
 act of 1838, the power to select and purchase scho^jl-house sites was given to local 
 directors ; but the right of deciding whether a school house should be erected or 
 not, and what amount of money should be expended therefor, was still left with 
 the householders of the several school districts. 
 
 By the present school act, township bo-irds of education are empowered to select 
 and purchase school-house sites, to determine the cost of new school-houses, to 
 make estimates therefor, and to certify the same to their c( unty auditors. In 
 short, the township school sy.-tem is analagous to the graded or union school 
 system, which has been so generally adopted in cities and towns. In both cases 
 the boards of education form, change, or alter the sub-districts, provide for the 
 erection of school-houses, and determine the grades of the schools. The local 
 directors, trustees, or special committees, attend to the details of the business, and 
 see that the orders of the board, and all the rules and regulations prescribed by 
 them for the management and government of the schools, are carried into full and 
 efficient execution. 
 
 The undersigned would, however, impress upon boards of education the import- 
 ance of exercising great care and mature deliberation in the alteration of school 
 districts, ihe selectiiu of sites for school-houses, and in determining the dimensions 
 and plans for school-houses. 
 
 Boards of education should also take the utmost pains to secure the general 
 ccopera.ion of all the directors and inhabitants interested, and to avoid, as far as 
 possible, hII those sources of contention and discord, which often prove so fatal to 
 the prosperity, harmony and efficiency of the school. It is often better to submit, 
 for a time, to many inconveniences, than to hazard the disastrous results which 
 uniformly follow any general dissatisfaction witli the alteration of school districts, 
 the changiug of school house sites, and the tax imposed for the erection of new 
 schoolhoures. A little patience and delay will generally enable the good sense 
 of the inhabitants ultimately to perceive what will redound to their best and true 
 interests. 
 
 QuES. 87. — Sub-district No. — , is composed of parts of three townships. The 
 clerk of the township in which one of the parts of said sub-district is situated, 
 neglected to make a separate return of the number of youth o'. school age residing 
 in such part, and the board of education of said township have refused to pay any 
 thing toward the support of the school in said fractional sub-district. What is 
 the proper course to be pursued under the above circumstances ? 
 
 Ans — By section 16 of the school act, it is provided that, when a sub-district 
 is composed of parts of two or more townships, the board of education of that 
 township in which the school-house is situated, shall have the conirol and manage- 
 ment ot the school ; and the boards of the adjoining townships so connected for
 
 108 
 
 school purposes, shall contribute their share of expenses of every kind necessary 
 to susiain said school. 
 
 If any of the b'^aids of the townships so connected for school purposes, refuse 
 or neglect to furnish their share of such expenses, the board having the manage- 
 ment of sunh school, may enter suit against the defaulting boards, as provided in 
 section 65, or compel them by a writ of mandamus, to perform the duties which 
 the law enjoins upon them. 
 
 The fact that the cleik of the township in which one of the parts of said frac- 
 tional sub district is situated, did not make a separate return of the number of 
 youth of school age residing in said part, does not release the boird of education 
 of said township Irom its obligation to pay a part of the expenses incurred in sus- 
 taining the school in said fractional sub-district. Where a township clerk has 
 been thus negligent of his duty, the local directors should ascertain by the best 
 evidence in their power, the number of youth residing in each part at the time the 
 last enumeration was required to be taken, and communii^ate the result to the 
 several boards of education of the townsnips from parts of which said fractional 
 sub-riistrict is formed And the number of youth so ascertained to have been 
 residing in each part at the time of taking the last previous enumeration, will 
 determine the share of expenses which each board is legally bound to contribute 
 towards sustaining said school. 
 
 The mode in wi)ich the affairs of a fractional sub-district are managed in those 
 counties where township boards of education are well posted up in rei;ard to their 
 duties, is as follows, to wit : The board of the township in which the school-house 
 is situated, annua'ly determines by estimate, as nearly as practicable, the amount 
 of money necessary to be expended in said fractional sub-district for fuel, repairs, 
 prolonging the school after the State funds have been exhausted, and for all other 
 purposes connected with the establishment or maintenance of said school. It also 
 determines from the last enumeration of youth of school age, residing in each part, 
 the share of expenses necessary to be incurred for the purposes above stated, which 
 each board is required to provide according to the provisions contained in section 
 16. The clerk of the board havina" the managrement of said school, then certifies 
 said shares to the clerks of the boards of the other townships so connected for 
 school purposf-s, and each clerk then returns to the county auditor for assessment, 
 the share which section 16 requires the board of his township to provide. 
 
 QuEs. 88. — The local directors of a sub-district in township, employed a 
 
 person to teach their school for the term of four months, at thirty dollars per 
 month, if he taught the school without the aid oi an assistant, but it an assistant 
 became necessary, then he was to receive twenty-eight dollars per month. Near 
 the end of the second month, an assistant was employed, who agreed to teach the 
 remainder of the term for eight dollars. At the close of the school the local 
 directors gave the principal teacher a certificate for $120, with the understanding 
 that he should pay the assistant 88 But the clerk of the board of education 
 refused to draw an order on the township treasurer for the $120, in favor of said 
 principal teacher, on the ground that the assistant had obtained no certificate from 
 the board of school examiners. The question submitted is, how shall said assist- 
 ant obtain payment for his services as aforesaid ? 
 
 Ans. — In section 45 of the school law, it is declared that no person shall be 
 employed in any primary common school, unless such person shall have first 
 obtained from the board of examiners, or any two of them, a certificate, etc. ; and 
 in section 24, it is provided that the clerk of the board of education may draw 
 orders on the township treasurer, for such amount as may have been certified to 
 be due any teacher, by any two of the local directors of the sub district in which 
 such teacher was employed, on his presenting a certificate of qualification, and 
 depobiung with said clerk a true copy thereof.
 
 109 
 
 The provisions of the school law above referred to, are as applicable to the cise 
 of an assistant as to that of a principal teacher, and must be strictly complied with, 
 before the clerk of a board of education cnn legally draw an or.ltr on the township 
 treasurer for the whole amount cenitied to be due to both asMsiant rind principal. 
 
 In the case submitted, there seems to be no mode of providing funds to pay said 
 assistant for his aervices in said school, unless it be done by a vuluntiry contribu- 
 tion on the part of those who employed him, or who shared in the benefit, of his 
 services. 
 
 QuES. 91. — The local directors of sub-district number — , in township, 
 
 employed an individual to teach thtir school, who failed to obtain a certificate; 
 but at the request of the inhabitants of said district, who pledged him his wages, 
 be continued to teach the school. At the expiration of I)i8 term, the local dir<;ctors 
 gave him a certificate o the amount due for his services, although he held no 
 certificate of qualification ; but the clerk of the board of education declined giving 
 him an order on the township treasurer. 
 
 The case was subsequently brought bef ire the board of education, who directed 
 the clerk to issue an order in favor of the said local directors, to reimburse them 
 for money advanced to pay said teacher ; but the clerk still refused, on the ground 
 that he was not authorized to draw orders on the township treasurer, f )r the pay- 
 ment of teachers who do not bold certificates of qualification, as required by the 
 school law Is it legal and proper for said clerk thus to refuse ? 
 
 Ans — In sees. 45 and 24 of the school law, it is declared that no person shall 
 be employed as a teacher in any common school, unless such person shall have 
 first obtained a proper certificate from the board of school examiners; and that 
 the clerk of the board of education is not legally empowered to draw orders on the 
 township treasurer, in favor of teachers, for such amounts as may hive been cer- 
 tified to be due them, except on the presentation of their certificates of qualifica- 
 tion No requirement of the law is plainer than that no school funds appli;able 
 to the payment of teachers* wages, shall be paid to teachers who have not been 
 able to obtain the proper certificates. Tbe law does not authorize boards of edu- 
 cation to order the disbursement of school funds to uncertificated teachers, or to 
 local directors who may have advanced their own money to pay such teachers. 
 Boards of education have no more right to disregard the provisions of ihe school 
 law in regard to tbe payment of school funds to teachers, than they have to nullify 
 the entire law. Indeed, this is one of its most important and most sacred provi- 
 sions. 
 
 It has bet n decided over and over again, by the courts in other state.^, whose 
 school laws contain provisions in relation to the employment of leathers s-imilar to 
 those in the school law of this slate, that school funds wliich, by the terms of t!ie 
 law, are made applicable to the payment of teachers' wages only, cannot legally 
 be paid to teacliers who do not hold the proper certificates, and it' so ()aid in vio- 
 lation of law, the money may be recovered of the school officers thus illegally dis- 
 bursing it. 
 
 It has also been repeatedly decided that when local directors or trustees of 
 school distiicts employ a person as teacher, who fails to obtain ihe requisite cer- 
 tificate, they may discharge him, and he cannot recover for services thus rendered. 
 If they engage him as a qua'ified teacher, the moment he ceases to be so, there is 
 a failure ot ihe consideration for the contract But if they cuiitinue hira in the 
 school after notice that he has failed to su-tain the requisite examination, or tliat 
 his certificate had been annulled, it will be regarded as such a continuance of the 
 contraci, that they will no' be allowed, at a subsequent peri d, to dispute v., and 
 they will reader themselves personally liable fur the payment oi teacners' wag s. 
 
 A teacher thus continued, after fniling to obtain a proper ceitifica'e, if compen- 
 sated at all for his services, must be paid by the local directors, or by the inhabi- 
 tants of the district at whose instance he was retained, and whose children
 
 1]0 
 
 attended the school. Under such circumstances the school becomes a private 
 school, and must be sustained as a private school, and no portiv n of the public 
 school fund can legally be applied to sustain it. 
 
 QuES. 93. — WJien the local directors of one of the sub-distiicts in a township, 
 in order to secure the services of a teacher competent to give instruction in sev- 
 eral of the higher branches, agree to pay bim much higher wages than are paid 
 to the teachers in the other siib districts, would the board of education be justifia- 
 ble in apportioning to such district more than its pro rata share of the school fund 
 raised in taid township for the purpose of prolonging its schools, in order that the 
 school in said district may be continued in operation, during the year, for the term 
 of seven months \ 
 
 i\NS. — A deviation from the rule of apportionment, prescribed in sec. 24, would 
 not be priiper undtr such circumstances It is believed that such a deviation is 
 warraniabh- only in cases where, owing to the peculiar features of tLe territory, 
 sparsene.ss of population, bad condition or want of roads, or other unavoidable 
 obstacles, it bi^ comes necessary to f )rm or continue a sub district, containing quite 
 a small number of youth of school age. To such a weak district more than its 
 pro rata share of the township school fund may properly be apportioned in order 
 that its scholars may erjoy the privilege of attending sch<.'ol for at least seven 
 months in each year. It is unquestionably right and proper that township boards 
 of education should make such liberal and reasonable provisions for keeping the 
 schools under their charge in operation a proper length of time, as would enable 
 the local directors to offer such compensation as would secure the services of well- 
 qualified teachers. Boards of education should be frugal, but not pHrsimonious ; 
 liberal, but not extravagant. It is not to be believed that any intelligent citizen 
 will consider that sordidness to be economy which prefers that their children 
 should be brought up in ignorance, or instructed in error, rather than contribute 
 the mere trifle which will secure to them an education sound and accurate, at least 
 as far as it goes. Nor it is necessary, under the present school law, that instruc- 
 tion in our common schools should, in all cases, be restricted to spelling, reading-, 
 writing, arithm; tic, geography and English grammar. By seciion 17, the power 
 to determine the studies to be pursued in the several schools under their control 
 is, wisely, vested in the boards of education In the exercise of this power, they 
 should use a sound discretion, but they should not cripple the efforts of local 
 directors to elevate the character of their schools and foster the interests of edu- 
 cation in all judicious ways. 
 
 QuES. 94 — In the town.ship of , the board of education recently formed a 
 
 new sub district, and the question has arisen whether the local directors for said 
 sub-distiict shall be appointed < r elected. 
 
 An3 — The sclioo! law does not specify in so many words the precise mode of 
 supplying a new sub-district with a board of local directors. But inasmuch as the 
 law confides to the management and control of the board of education for each 
 organized township in the S'.ate the general interests of education therein, and 
 Confers upon them power to alter old sub districts and form new ones, and to pre- 
 scribe such general rules and regulations as, in their judgment, will b^st subserve 
 the interests of common schools and the cause of educati .n, the power to perfect 
 the organization ol a new sub-district seems to follow as a sort of necessary ctn- 
 sequence. 
 
 When, therefore, a new sub district is formed, the board of education should 
 cause to be posted up in three of the most public places of such sub-district, a 
 notice in writing, describing such sub-district, and appointing a time and place for 
 the first meeting of the qualified voters thereof, to elect, by ballot, three school 
 directors. 
 
 The erection of a new sub district does not create such vacancies in the oflSce 
 of local directors as are required by section 3 to be filled by appointment. Besides,
 
 Ill 
 
 it would be unjust towards the inhabitants of such new sub-dis'.rict, to obtrude 
 upon them, by appointment, the entire board of local director*. 
 
 The mode of delerminia;^ the respective terms of tffice of the directors of su;h 
 new sub-disirict must be the same as prescribed in secti)n 2 for the first election 
 of local directors in the old sub-districts, under the present school law. 
 
 QuES. 98. — The person elected to the office ot local director iu a certain sub- 
 distnct, being temporarily absent at the time of the election, aid not returning so 
 as to take tlie requisite oath of office vvithia five days thereafter, the township 
 clerk app )inte4 anoth^^r person to fill s^id office. Was the appointment legal ? 
 
 Ans — It was not ; for no va'janoy had occurred in said nffioe. by de-^tli, refusal 
 or incapacity to serve, removal out of sub district, or resignation. A.ltliou^li it is 
 providrd in section 3 that local directors shall, within five d-iys after thtir election, 
 take the required oath ot office, yet such statutes are generally regarded as direct- 
 ory, so far as rel ites to the time within whicb the offi-ial oath is required to be 
 taken No practice is more common than to elect to office pt:irsons temporarily 
 absent from their place of residence at the time of electioa, and abow tbem to 
 qualify by taking th-^ proper oath of office, provided th-y return -.vit'iin the time 
 expected, or within a reasonable time thereafter. It might operate very uofortu- 
 nately for a sub-district to be deprived of the services of an effinent school officer, 
 simply because he was prevented, by some casualty beyond his control, Jrora 
 taking his official oath within the time limited by law. 
 
 QuES. 99 — To what exfenl are township boards of education legally responsible 
 for thti performance of contracts negotiated and made by local directors, in relatioa 
 to the purchasing of school-house siies, the buildinj, furnishing or repairing of 
 school houses, the employment of teachers, and the providing of fuel for scliools ? 
 Ans. — Boards of education are legally responsible for the performance of such 
 contracts, so far as the same may have bet^n negotiated and made in obedience to 
 the rules and regu'ations prescribed by saiJ boards, or so far as the consent or 
 order of said boards for making such contracts may have been obtained. 
 
 In contracting for the purchase of a school house site, or lor building and fur- 
 nishing a new school-house, local directors can not exceed, without rendering 
 themselves personally liable, the sum specially estimated and set apart by said 
 boards for those specific objects in each particular year and for each particular 
 sub-district, unless they first procure the consent or authority of said boards of 
 education 
 
 In making contracts for providing fuel, making ordinary repairs, and all other 
 provisions necessiry for the convenience and prosperity of Ibeir school, local 
 directors may, in the absence of any general rules oa the subject, use as much of 
 the money applicable to such purposes as in any one year .shall not exceed the 
 amount distributable to their sub-district in proportion to tie enumeration of 
 scholars resident therein. But should they exceed that sum without first obtain- 
 ing an order therefor from the town.ship board of education, they would render 
 themselves personally responsible for such exctss, unless it could be made to 
 appear ihai the board had palpably neglected to make, as the school law requires, 
 the neces?ary provisions for such indispensable school expenses, and had been 
 contumacious in withholding their assent to the reasonable request of said local 
 directors. 
 
 Iu m-iking contracts with teachers, local directors should nut, as a general rule, 
 incur expenses beyond their proportion of the school fund derived from the Slate, 
 and that raised in the township for the purpose of prolongi> g the schools therein 
 after the State fund had been exhausted. 
 
 Tiie school law imposes upon boards of education the duty of making the neces- 
 sary provisions for continuing the schools in operation in their respective townships 
 for at least seven months in each year, and requires them annually to determine 
 by estimate, as nearly as practicable, the amount of money necessary to be ex-
 
 112 
 
 pended for that purpose. Local directors ought, therefore, to pay due regard to 
 such estimates, ia negotiating the contracts which the law authorizes ihem to 
 make. Although the estimates of the board prove inadequate to secure the ob- 
 jects designed, yet local directors possess no legal power to supply th^i deficiency. 
 When boards of education utterly neglect to perform any duty which ihe law 
 enjoins upon them, local directors may apply to the proper court for a writ of 
 mandamus to compel its performance. 
 
 Boards of education ought to make, ia the record of their proceedings, separate 
 entries of the several amounts of money estimated by them for building and fur- 
 nishing school-houses, for providing fuel and making rep drs, and for prolonging 
 schools in the several sub-districts in their respective townships, to the end that 
 local difectors may know what sums they are authorized to expend for each of 
 the above purposes. 
 
 QuEs, lUO — When an incorporated village has become a *' separate school dis- 
 trict" by the operation of section 32 of the school law, is it lawful for the board 
 of education of such village to build a school-house containing rooms suffi.-ient for 
 the accoramoiation of all the children or scholars of the village, and appropriate 
 one of said rooms to the use of a high school department, without first taking the 
 votes of the electors, as required in sec. 21 in the case of a township high scLool ? 
 A.NS — It is lawful ; for the framers of the law intended to confer upon boards 
 of education in such cities and villages as should be created "separate school dis- 
 tricts" a general power to '•establish schools of diflferent grades," whettier such 
 schools or grades were to occupy a single or several buildings It was not con- 
 templated that a public meeting of the qualified voters should be first called to 
 decide the matter. The power of the board to erect one or ra>re school houses, 
 and to establish schools of one or more grades, is discretionary, and may be exer- 
 cised without regard to other considerations than the public good. 
 
 The language of sections 32, 33 and 35 is too plain to be misunderstood. The 
 city or village board of education consists of three members, and the city or village 
 is created a ''separate school district," which the board may, if they deem it expe- 
 dient, divide into sub districts ; but if they do so, it does not aflfect the board or 
 its jurisdiction, nor does it give to the sub districts the right lo elect local directois 
 as m the case of township sub-districts. Yet the city or village board possess the 
 '^same powers" as township boards, *' so far as applicable," and the additional 
 discretionary power given in sec 33, to divide the city or village into sub-districts 
 or not, and to establish schools of different grades, as the puL>lic good may seem 
 to require. 
 
 QuEs 102 — When a school examiner vacates his office by resignation, refusal 
 to serve, removal out of ilia country, or otherwise, should the varancy be filled by 
 appointment for the full term of two years, or only for the unexpired term of the 
 examiner who thus vacates his office ? 
 
 A.KS. — The appointment should evidently be made for the full term of two years. 
 
 This is obvious from the language employed in the last clause ot sec. 44 ot the 
 
 school act: " All vacancies in said board, which may thereafter occur, whether 
 
 Jrom (Xpiro'-'/u <j'u''e tfrrn fj'ofice, refusal to serve, or otherwise, shall be filled by 
 
 like appointment by said judge." 
 
 It requires no argument to show that vacancies resulting from expiration of the 
 term ot office, should be filled by appointment for the lull term of two years. 
 But the two classes of vacancies are required to be filled by like appoiutmeut by 
 said judge. Tiie term " like " must either be construed as referring to the length 
 of time wliich the school examiners, first appointed under the present school law, 
 were entitled to hold their office, or to the fact that appointments lo till vacancies 
 rtbuliing irom any of ite causes slated in S;ec. 44, are required to be made for the 
 same Itugth of time, viz : two years. 
 
 That the foiegoing is a proper interpretation of sec. 44, will appear the more
 
 113 
 
 manifest by observing tbe language employed on tbe subject of vacAncies, in sec. 
 3 : "In case a vacancy shall occur in the office of director, by death, resignation, 
 refusal to serve, or otherwise, it shall be the duty of the township clerk to till such 
 vacancy by appointment for tbe umxpired term." In tliis section of the law, vacan- 
 cies which are occassioned by expiration of the term of office are not coupled with 
 those resulting from other causes, and for the obvious reason that the termer are 
 required to be filled by an election, as provided in sees. 2 and 4. When, there- 
 fore, the term of office of a local director has expired, the vacancy resulting there- 
 from can not be filled by an appointment. 
 
 By see. 2, it is provided that each director shall continue in office until his 
 successor is elected and qualified. 
 
 The general rule on this subject is, that where the law does not expressly de- 
 clare that the appointment shall be for the umxpired term, and where it does not 
 provide that one part of the board of officers shall be elected, and another go out 
 of office at regular and stated intervals, all vacancies shall be filled by appoint- 
 ments for the full terra. 
 
 QuES. 103. — The board of education of Delhi township, in Hamilton county, 
 overlooking ihe requirement contained in the first clause of sec. 22 of the general 
 school law, did not "determine, by estimate, the entire amount of money neces- 
 sary to be expended in said township," for purchasing or leasing schojl-house 
 sites, building, furnishing and repairing school-houses, renting school rooms, pro- 
 viding fuel, and making all the provisions necessary for the convenience and 
 prosperity of the schools, other than the payment of teachers ; but they directed 
 the township clerk to draw orders on the school funds derived from the sale of 
 section 16 of said township, to defray the expenses incurred for the above purpo- 
 ses. 
 
 The reason assigned in justification of the application of a portion of said funds 
 to other purposes than the payment of teachers, was, that said township annually 
 derived, from the State school tax, and the interest accruing from the sale of its 
 section sixteen, a larger amount of money than was needed for the payment of 
 teachers. 
 
 The que'lions submitted are, can the township treasurer legally pay such orders, 
 and can the county auditor legally allow them in his annual settlement with said 
 treasurer ? 
 
 Ans. — To both of the above questions a negative answer must be given. For 
 this, many reasons may be assigned, among which are the following, v:z : 
 
 1. The legislature of Ohio nas always regarded the annual income of the 
 " irreducible common school fund" as applicable to the payment of teachers only. 
 
 2. The earliest general school law on this subject, required " that all moneys 
 arising from the rents or sales of school lands, should be divided among the sev- 
 eral school districts, or parts of school districts, accordi g t > the number of youth 
 of school age in each district, or part of distiict." See " act to incorporate the 
 original surveyed townships," passed March 14, 1831. Such a per capUi distri- 
 bution is of itself evidence that such moneys constitute strictly a tuition fund for 
 the children or youth residing in said districts, or parts of districts. 
 
 3. As a third reason for regardinij the annual income arisini; from the rents or 
 sale of section sixteen as applicable to the payment of teacht-rs only, m^y be as- 
 signed the fact, that all of the general school laws of this State h ive contained a 
 section authorizing a specific tax to raise the amount of money necessary to be 
 expended for school purposes other than for the payment of teachers, and the 
 language of such sections, like that in sec. 22 of the present school law, is gener- 
 ally imperative. "It ahall be the duty of the board of education annually to 
 determine by estimates," etc. See general school act, passed March 10, 1831. 
 Sections 13, 31, and 33. 
 
 8
 
 114 
 
 4. In sf c. 31 of the general sctool act of 1831, passed only eight days after 
 the " act to establish a /uvd for the sz/pport of common schools," which fund in- 
 cluded " the moneys arising from the sale of any lands which heretofore have 
 been or hereafter may be, appropriated by congress for the support of schools in 
 any original surveyed township, or ether district of country in this State," the 
 following language may be found, viz : " All the money collected on the tax 
 duplicate of any township for the use of schools, shall be apportioned to the sev- 
 eral districts and parts of districts in such township ; all the money received from 
 the State treasury on account of interest on the money arising from the sale cf 
 section sixteen, or other land in lieu theret^f, shall be apportioned to the several 
 districts and parts of districts in the original surveyed township or fractional town- 
 ship to which such land belonged ; and all the money for the use of schools in 
 the county, shall, if its appropriation is not otherwise directed by law, be appor- 
 tioned to the districts in the county, and all such apportionments shall be made 
 to the several districts and parts of districts in proportion to the number of youth 
 residing therein." 
 
 In sec. 33 of the same act it was declared, " That all the money which shall 
 come into the treasury of any school district for the use of schools therein, shall 
 be appropriated, on the order of the directors, to the payment of the teachers of schools 
 in such districts, and to no other purpose." 
 
 From these provisions, it is quite obvious that the legislature designed that all 
 the monejs derived from a township or county school tax, as well as from the 
 annual interest accruing from the sale of section sixteen, should be applied in 
 payment of teachers' wages only. 
 
 In sec. 24 of the present school act it is provided, " That all school funds made 
 applicable to the payment of teachers only, shall be distributed to the several 
 sub districts and fractional parts thereof in the township, in proportion to the 
 enumeration of scholars." In the same section it is also declared that, " So 
 much of the school moneys coming into the hands of the treasurer as may be de- 
 rived from the State tax, or from any township tax levied for the continuation of 
 schools after the State fund has been exhausted, shall be applicable to the pajment 
 of teachers only ; and such school funds as arise from the sale or rents of section 
 sixteen, or other lands in lieu thereof, shall be distributed to the localities to which 
 such funds belong." Then follows the language, " all other school funds of the 
 township, etc , shall be applied under the direction of the board, in repairing, 
 building or furnishing school-houses," etc., etc. The word " other" in the above 
 quotation, must be interpreted as meaning all school funds other than those derived 
 from the State school tax, the township tax levied for the continuation of schools, 
 and from the sale or rents of section sixteen 
 
 6. Another argument in favor of this construction of the school law, and going 
 to show that the legislature never intended that any portion of the annual income 
 of the irreducible school trust fund should be applied to any other purpose than the 
 payment of teachers, except when authorized by a special enactment, may be 
 drawn from the fact that such special enactments have sometimes been called for 
 and granted, one of which was passed Feb. 28, 1846, on the application of the 
 directors of district No. 1, in said township of Delhi. 
 The preamble and act read as follows, to wit : 
 
 " Whereas, it is represented to the general assembly that the school funds of 
 school district No. 1, in Delhi township, Hamilton county, are more than sufficient 
 to support a school therein the year round ; therefore. 
 
 Sec. 1. Be it enacted by the General Assimbly of Ohio, that the directors of school 
 district No. 1, in Delhi township, Hamilton county, be and they are hereby author- 
 ized to appropriate to much as may be necessary for that purpose, any surplus of 
 school funds of said school district, to the building, or enlargement of the school 
 building of said school district, whenever a majority of the legal voters in said
 
 115 
 
 school (district shall give tLeir assent in favor of such approprialion, by petition or 
 otherwise." 
 
 In conclusion, then, it is maintained that the funds accruing from the sale or 
 rents of section sixteen can legally bn app'ied only in payment of teachers, because 
 in sec. 8 of the " act to incorporate the original surveyed townships," passed 
 March 14, 1831, it is made the duty of the trustees of each surveyed township or 
 fractional township, to " apply all the rents and profits arising from section num- 
 bt red sixteen, to the special purpose for which it was intended " And in sec. 3 
 of the " act to establish a fund for the support of common schools," passed March 
 2, 1831, " the fiiith of the State of Ohio is pledged for the annual payment of the 
 interest arising on the sale of section sixteen to the person who, and in the manner 
 which, shall be pointed out by law ; which said interest shall be appropriated and 
 expended for the support and maintenance of common schools within the township 
 or other district of country entitled to the same." In sec. 33 of the school act 
 pissed March 10, 1831, the law did point out the manner in which said interest 
 should be expended, to wit : in payment of teachers' wages, and the mode of 
 thus us^ing said fund has never been changed by any legislative enactment, except 
 in a few special cases. 
 
 It is not deemed necessary in this connection to specify in detail the particular 
 manner in which the schools of Delhi township might be graded so as to afford an 
 opportut)ity for the judicious and legal expenditure of all the school funds annu- 
 ally derived from the State school tax and from the sale of their section sixteen ; 
 but the opinion is unhesitatingly expressed, that no portion of said funds can 
 l-r-gally be expended in the manner which the board of education of said township 
 propose, until authorized by a special enactment of the legislature. 
 
 QuES. 104. — The board of school examiners of county, held an adjourned 
 
 meeting on the first Monday of April Ust ; and on the same day, and at the same 
 place, the annual township election was held in the court-house. The schools of 
 the town being in session on that day, it became necessary for said board of ex- 
 aminers to rent a room for the purpose of holding said examination, as the free 
 use of i;o suitable room could be precured. Can the county auditor legally issue 
 his warrant on the county treasurer for the payment of said rent? In other 
 words, does the law authorize county auditors to furnish rooms and fuel, as well 
 as bovks and stationery, for the purpose of accommodating such examinations ? 
 
 Ans. — In answering the foregoing question, it is proper to state, that it has not 
 been customary in the counties of this Slate, or in other States, to rent rooms for 
 the accommodation of meetings held for the examination of teachers. The reason 
 is, no doubt, that boards of school examiners have generally been able to procure 
 suitable rooms without the payment of rent. The use of court-houses, school- 
 houses, churches, or public halls, has generally been freely tendered to them for 
 this important object. 
 
 But inasmuch as it is made the " duty of the examiners to fix upon the time of 
 holdiag meetings for the eximinaiion of teachers, in such place in their respective 
 counties as will, in their opinion, best accommodate the greatest number of candi- 
 dates for examination," it would seem reasonable and proper, when suitable 
 rooms could not be procured without payment of rent, that county auditors should 
 authorize the examiners to hire rooms, and should issue warrants for the payment 
 of the expenses necessarily incurred in procuring such rooms, providing stationery, 
 fuirl. etc. 
 
 QuES 105. — Can town.=-hip boards of education legally authorize the transfer of 
 scholars to the school of an in'^orporated village, or "separate school aistrict," at 
 any other than their regidar medings? 
 
 Ans. — It is believed that such transfers may legally be made at special meet- 
 ings, when the better accommodation of the scholars plainly demands it. 
 
 In the last clause of section 32 of the school law, it is stated that transfers of 
 territory not within the limi:s of such corporation may be made to or from such
 
 116 
 
 separate or spfcial scliool districts, by agreement between the board of education 
 of the township in which such vi'lage with the territory annexed may be situated, 
 and the board of education of such village, without requiring that such agreement 
 shall be made at the regular meetings only of said boards. 
 
 In the last clause of section 33 it is declared to be lawful for the township board 
 of education of any township in which such incorporated village is situated, by and 
 with the consent of the village board, to transfer thereto, for educational purposes, 
 the scholars of such parts of their township as lie adjacent thereto, and that all 
 such transfers shall be controlled on the same principles as in case of like transfers 
 for the convenience of pchools where two or more townships arjoin, as provided 
 in section 16 of the school act. And in section IG it is made the rf«/y of the 
 respective boards to transfer persons for educational purposes whenever it shall 
 appear that they are so situated as to be belter accommodated at the school of an 
 adjoining township. In neither of these cases is it required that suih transfer 
 shall be authorized or assented to by said boards of education at thJr regular 
 meetings only. 
 
 These cases seem to constitute an exception to the rule laid down in sec'ion 14 
 for the general re-distiicting of townships. By this section it is made the duty of 
 the board tc prepare, or cause to be prepared, a map of their township as often as 
 they deem necessary, and to designate thereon the sub-districts of the township, 
 and to change or alter the same, viz., the map and the sub districts, at any regu- 
 lar session. This provision evidently relates to the general re districting of the 
 township, the abolition or consolidation of sub districts, the creation of new sub- 
 districts, or the essential a'teration of old ones ; but it does not control the pro- 
 visions contained in sections 16, 32 and 33, in relation to transfers of scholars from 
 one township to another, or to the school of a separate or spedal school district. 
 
 QcES. 106. — A youth, now fourteen years of age, and an or^Jhan, resided since 
 the death of his parents with his sister in Sandusky, until a year ago, when he 
 visited his brothers in Indiana and Illinois. Having, however, always regarded 
 his home as at his sister's, he returned to this State, and when she moved to the 
 
 village of he went with her, and was permitted to attend the common school 
 
 of said village. Not long since, he went to live with a gentleman, a resident of 
 said village, expecting to remain with him for an indefinite period of time, perhaps 
 until he should be twenty-one years old, unless prevented by some misunderstand- 
 ing, not then apprehended. 
 
 The question has been raised by the board of education, as to the right of said 
 youth to attend the union school of said village, as a resident scholar. Does the 
 school law give him that right? 
 
 Ans. — Perhaps the besi way to eetlle the above question is to inquire whether 
 said youth might legally have been included in the annual enumeration of the 
 youth of said village, had the law required such enumeration to be taken at the 
 very time said question arose. In section 8 of the present school law it is declared 
 that such enumeration shall include all those who are residents within the school 
 district, and not temporarili/ there. The youth in question was not temporarily in 
 said village, for he came there, as it would seem, with the intention of remaining, 
 and that constituted him in law a resident. 
 
 Moreover, in section 63 it is declared that the State school fund is raised for the 
 express purpose of affording the advantages of a free education to all the youth of 
 this State ; and there can be no doubt that the boy referred to is one of said youth, 
 and, as such, is entitled to the privilege of attendijg some one of the common 
 schools of the State; and if some one, it must be that of the village already 
 referred to. 
 
 The question ?.s to what particular school the youth of school age have a right 
 to attend, is well settled in the following cases, viz.: 
 
 1. They are tntiiled to the privilege of attending the school in the district whera 
 their parents, guardians, or employers reside, although such residence be tempo-
 
 117 
 
 rary, provided they actually compose a part of the family of such parents, guard- 
 ians, or employer. 
 
 2. If they are hired to labor or service in the family of an inhabitant of the 
 district, and are regarded and treated as part ofhisfamili/, and not as mere tem- 
 porary boarders, they are entitled to participate in the privileges of the district 
 school. 
 
 3. If they have neither parents nor guardians, they may attend the school of 
 the district in which the families res'ide with whom they elect to make their homes. 
 In short, ihey may attend the school of the district where they are temporarily 
 residirg, provided they could not let^ally be enumerated in any other distiict. 
 
 But children coming into a district and boarding, for the purpose of attending 
 school therein, are not entitled to that privilege, unless the school directors see fit 
 to grant it, 
 
 If a person, however, who is not an inhabitant of some other district, resides 
 temporarily in a given district, a'l the children of school age belonging to his 
 family may attend the school of the district in which he thus temporarily resides. 
 
 QuES. 108 — H^s a teacht-r the legal right to open his school with prayer ? 
 
 Ans — On this extremely delicate and important malter I have not been able to 
 find any decision of the Supreme Court of this State. But in the State of New 
 York v. has been decided, undtr a school law similar to that of this State, that 
 "teachers may open and close their schools with prayer and the reading of the 
 scriptures, provided they take care to avoid all controverttd points or sectarian 
 dogmas." 
 
 In some States it has been held that teachers cannot claim this right as a matter 
 of course, but that school officers may, in the exercise of a sound discretion, per- 
 mit them to open and close their schools with prayer, provided the inhabitants of 
 the district do not seriously object, and provided also that the harmony of the 
 district would not seriously be disturbed thereby. 
 
 If the teacher in his prayers avoids all sectarian dogmas, and does not im- 
 properly consume time, I do not see why he may not be permitted to do what he 
 believes to be his conscientious duty for the welfare of those committed to his 
 charge, by appropriately invoking the blessings of God upon his important and 
 respo' sible labors, as by properly addressing or lecturing his pupils upon the 
 importance of a strict adherence to the principles of truth, justice and morality. 
 
 But the teacher should not insist on this privilege, n'lr should the local directors 
 grant it, in cases where it would create dissatisfaction in the district, or induce a 
 portion of the inhabitants to withdraw their children from school, because of sin- 
 cere conFcientinus scruples on this subject. 
 
 The question as to the right of opening a school with prayer is one of great 
 delicacy, and should be treated accordingly. In a matter of such grave character, 
 involving the interests of religion, the freedom of conscience, and a sense of duty, 
 school officers, teachers, and the inhabitants generally, should exercise great for- 
 bearance and a spirit of c mediation. John C. Spencer, ore of the most distin- 
 guished jurists in the State of New York, while acting as superintendent of common 
 schools m that State, decided a similar question as follows, viz.: " Prayers can 
 not form any part of the school exercises, or be legulated by the school discipline. 
 If had at all, they should be had before the usual hour of commencing school in 
 the morning, and after the hour of closing school in the afternoon. If any parents 
 are desirous of habituating their children to the practice of thankmg their Creator 
 for his protection during the night, and invoking his blessings on the labors of the 
 day, they have a right to place them under the charge of the teacher for that 
 purpose. But neither they nor the teacher have any authority to compel the 
 children of other parents, who object to the practice, from di>like of the individual 
 or his creed, or from any other cause, to unite in such prayers. 
 
 "And, on the other hand, the latter have no right to obstruct the former in the
 
 118 
 
 discharge of what they deem a sacred duty. Both parties have rights ; and it is 
 only by a mutual and reciprocal regard by each of the rights of tbe other, that 
 peace can be maintained, or a school flourish. The teacher may assemble in his 
 scho(;l-room, before nine o'clock, the children of those parents who desire him to 
 eonduct religious extrci.^es for them ; and the childien of those who object to the 
 practice will be allowed to retire or absent themselves from the room. If they 
 persist in remaining there, they must conduct with the decorum and propriety 
 becoming the occasion. If they do not so conduct, they may be dealt with as 
 intruders." 
 
 In the same State, it was held by Gen. John A. Dix, an eminent statesman and 
 jurist, that "the teacher of a school may open it with prajer, provided be does 
 not encroach on the hours allotted for instiuction, and provided the attendance of 
 the scholars is not exacted as a matter of school discipline." 
 
 In a case which came before Henry S. Randall, superintendent, and which set 
 forth that in a certain common school " tbe religion and faith of Caiholic cbildrtn 
 were interfered with by their being compelled to 'join in prayers,' and 'to read 
 and commit' portions of a version of the Bible which the Catholic cLurch disap- 
 proves," he said : "In theory, I have never been able to doubt that inttllectual 
 and religious instruction should go hard in hand. To divorce them entirely, and 
 to bestow attention on the former only, is to draw forth and add to the powtrs of 
 the mind, without giving any moral helm to guide it ; in other words, it is to 
 increase the capacity without diminishing the propensity to do evil, lo banish 
 religious education from the schools is, in a multitude of instances, to consign it 
 to the care of the vicious, the ignorant, the careless, or those who feel that ihey 
 have no time to attend to it. The placing of it in its natural connection with 
 intellectual education in the school-room, has met, however, in our country, with 
 serious practical obstacles. 
 
 " The govrrnment, not reljing on the ability or willingness of every part of the 
 state to maintain efficient schools for the education of the young, by voluntary con- 
 tributions, and recognizing the imperative necessity of universal education for the 
 maintenance of our civil and political institution?, organized a general common school 
 system, and made provisions to aid those sending to school, in tustaining it by the 
 payment of a large sum annually from the treasury. To prevent this money 
 from being misapplied, it prescribed the conditions on which it i-hall be received 
 and expended ; and it created a special stale officer, with administrative and judi- 
 cial powers, to carry out and enforce the system. The common schools were 
 thus clearly made a government institution. To introduce into them, or permit 
 to be introduced into them, a course of religious instruction conformable to the 
 views of any religious denominatiou, would be tantamount to the adoption of a 
 government religion — a step contrary to the consiitulion, and equally at variance 
 with the pjlicy of a free government and the wishes of the people. To form for 
 the schools a course of instruction which could bear the name of a religious one, 
 and which would meet the views of all, was manifestly impossible. To give 
 every sect a •pro rata share of the school moneys to enable it to tupport its own 
 schools, and teach its own system of religious faith in them, would be to divide 
 into a dozen or more schools the childien within the territory convenient for at- 
 tendance on a sitDgle school, and ia which the support of all the inhabitants is 
 frequently scarcely^ adequate, with the aid cf the public moneys, to sustain a singie 
 efficient school. Indeed, under this arrangement, a single indigent family would 
 often be required to support its own school, to go without any, or to violate its 
 conscience by joining with others in one in which a religious system was taught 
 wholly at variance with its ov?n. There are other reasons which have gone to 
 convince the public mind of the impracticability of carrying out tuch a plan so 
 as to attain the object sought — the education of all the people — which do not re- 
 quire enumeration.
 
 119 
 
 "la view of the above facts, the position was early, distinctly, and almost 
 universally take'> by our statesmen, legislators and proTaioent frienJs of educa- 
 tion — m* n of tha warmest re'igious zeal, and belonging to every religious sect 
 — that the instruction in our public schools should be hmited to that ordioarily 
 included under the head of intellectual culture, and to the inculcation of those 
 general principles of morality in which all sects, and good men beloagiog to no 
 sect, can equally agree. 
 
 " We have seen that even prayer — that morning and evening duty which man 
 owes to his Creator — which even the pagan and savage do not withhold Irom the 
 gods of their blinded devjtioa — which, conducted in any proper spirit, is no 
 more sectarian than that homage which constantl7 goes up from all natare, 
 animate and inanimate, to the bountiful Giver of all things — h^s been decided by 
 two eminent jurists as inadmissable as a school exercise within the school hours, 
 when seriously and conscientiously objected to by any portion of the inhabitants 
 of a school district. 
 
 " This decision has been acquiesced in without a murmur, by the whole re'i- 
 gious public The intelligent religious public have ftlt that there was no middle 
 tenable ground between religious instruction — strictly so called — in our common 
 schools, and the broadest toleration. 
 
 " Compelled by circumstances to adopt the latter position, they have embraced 
 it in Its most comprehensive import, and have nerved themselves to the task of 
 supplying a lamentable omission in the public schools, by increased assiduity to 
 the spiritual wants of their offspring in the family circle, in the Sunday schoDl, 
 and in the church. In our crowded cities, where poverty sinks to its lowest ebb, 
 and vice puts on its most unmitigated forms, where multitudes ot children would 
 receive no religious instruction from or through the instrumentality of their 
 parents, voluntary church and individual organizations are putting fo'-th their 
 endeavors to supply such instruction. Many, doubtless, are n )t reached by these 
 efforts ; nor would they be reached if religion was taught in the common schools, 
 for the children of the extremely poor and the vicious oftentimes could not or 
 would not attend them." 
 
 Believing that the foregoing opinions and decisions may now be regarded as 
 the well settled rule in the premises, and that they ara founded on prmciples of 
 equity, and in accordance with that spirit of entire religious toleration whxh 
 characterizes our consiiiutioa and laws, and which ought to characterize every 
 institution founded by the state, I feel no inclination to giinsay them. 
 
 Let it be distinctly understood, however, that if no objections are raised against 
 religious exercises in schoo', if the exercises are of reasonable length, and if the 
 teacher takes care to avoid the discussion of all controverted points, or sectariaa 
 dogmas, he may conduct those exercises during school hours. 
 
 Quss 10 . — When the board of education of a township in which the schoil- 
 house of a joint sjb district is situated, has made an estimate of the expenses of 
 every kind necessary to sustain the school in such sub-district, and the board of 
 the adjoining township refuses or neglects to supply its share of such expenses, 
 what is the remedy ? 
 
 Ans. — The board of education, having: the control atid mmagfement of the 
 school, may apply to the supreme or district court for a writ of mandamus, to 
 compel the delinquent board to perform the duty which is required by section 16 
 of the school law. 
 
 The language of said section is too obvious to be misunderstood, and the duty 
 enjoined too manifest to be mistaken. " And the board of the adjoining township 
 or townships, so connected for school purposes, shall each make the proper esli' 
 mates of their share of expenses, of everi/ kmd necessary to sustain said school, 
 Bnd certify the same to the auditor of the proper county, as part of their annual 
 estimates lor school purposes," etc.
 
 120 
 
 If, however, the board having the control and management of said school, should 
 prefer not to go to law on the subject, they may regard said neglect or refusal, on 
 the part of the oiher board, as tantamount to an agreement to have said joint 
 fub-district dissolved, and may proceed to incorporate their part of it with other 
 sub-districts in their townslip, and thus avoid any further trouble on the subject. 
 
 QuES. 110. — When the qualified voters of a sub-distiict fail to meet and elect 
 a local director, at the time designated for the annual mee'ing, and the director 
 whose term of office has expired, refuses " to continue in office until his succes- 
 sor is electf d and qualified," what is to be done ? 
 
 Ans. — Any three of the qualified voters of such sub-district, may call a special 
 meeiicg of the voters of such sub district, for the purpose of electing a director, 
 as provided in section 4 of the school law ; and if such special meeting be not 
 called wi hin a reasonable time, the township clerk may appoint a person to act 
 as local director, until such special meeting be called and a local director be duly 
 elected and qualified. 
 
 Qdes. 112. — Does the school law of this state confer upon colored youth the 
 privilege of entering, as a matter of legal right, the common schools of the city, 
 village or township in which they reside ? In case the law does not allow them 
 this privilege, how shall provision be made for their education when there are 
 only two or three such youth in a school district ? 
 
 Aks. — Under the general school law of this State, colored youth are not allowed 
 to enter, as a matter of right, the schools provided for white youth. But they are 
 entitled to a j^er capita share of all school funds made applicable to the pajment of 
 teachers ; and it is the duty of the several boards of education to see that said 
 share of the school funds is properly expended for the education of said colored 
 youth, and for no other purpose. 
 
 By section 31 of the school law, the board of education in each township, city 
 and incorporated village in the State, is required to establish within its respective 
 jurisdiction one or more schools for colored children, whenever the whole number 
 exceeds thirty by enumeration. Whenever the number does not exceed thirty, 
 then it is the duty of said board to reserve the money apportioned to any township, 
 city or village, on account of said colored youth, and expend the same in such 
 manner as said board may deem most expedient and advantageous for the educa- 
 tion of said youth. 
 
 la most of the sub-districts in which there are only two or three resident colored 
 youth, the inhabitants have waived all legal objections to the education of said 
 youth in the common schools of the district. And it is hoped that in no sub- 
 district in the State the inhabitants will be found so extremely fastidious or un- 
 philanthropic as to deprive a poor colored youth of all education, rather than 
 allow him to attend the common school. 
 
 QuES. 113.— In a certain sub-district, in the township of , a new school- 
 house has been erected, but so situated that, by reason of swamps, and the want 
 of passable roads, it can not be reached by a large number of scholars resident in 
 said sub district. The local directors refuse to establish two schools therein, and 
 hence several of the inhabitants are obliged to maintain a private school, or let 
 their children go without education, and this, too, notwithstanding they pay taxea 
 for the support of schools. What is the remedy for such evident injustice to a 
 portion of the people of this sub-district ? 
 
 Ans — By seciien 63 cf the general school act, it is declared that all the real and 
 personal property in the State shall be taxed for the purpose of "aflfording the 
 advantages ot free education to all the youth of this State " l>ence, every inhabitant 
 may reasonably demand of the board of education, in the township in which he 
 resides, the establishment of a school within such a distance of his residence, and 
 with such faciliiies for reaching it, as would enable his children to attend it without 
 traveling an unreasonable distance, or over impassable roads, or through swamps
 
 121 
 
 Until such roads are rendered passable, and the swamps dniined or bridged, the 
 ir.habi(ants who are incommoded, as already stated, should ap;;ly to ihe township 
 board for permission to s-end their children to the scliools n other sub-districts 
 more accessible ; and the board would be in duty and in law bound to grant such 
 permission, if the facts are as stated. And if the board should refuse, without good 
 cause, to grant the privilege solicited, the parties feeling themselves aggiieved could 
 then apply to the district or supreme court for writ of mandamus, to compel the 
 board to do its duty in this regard. 
 
 ANSWERS TO QUESTIONS ON THE SCHOOL LAW. 
 
 ur ANSON SMYTH, COMMISSIONER. 
 
 QuES. 114. — In ■ township, the local directors employed a young man to 
 
 teach their school. After a few weeks it was discovered that hU moral ii fluence 
 over his pupils was of a most pernicious character. He had, in a clandestine 
 manner, circulated among them a vile and licentious book, which was calculated 
 to excite the grossest passions, and lead to shamtful and ruinous practices. Many 
 of his pupils were withdrawn by their parents from the school, and tlie directors 
 were requested to dismiss him from their employment A majority of them, how- 
 ever, decided to continue him in charge of the school. Have the township board 
 of education authority, under our school law, to inierfeie in the matter, and dis- 
 charge the teacher? If not, what course can be pursued, law.uUy, to secure the 
 dismission of the teacher ? 
 
 Ans. — It is deeply to be regretted that instances like this should arise under the 
 operation of our school sjstem The object of our schools is the improvement of 
 those who attend them. Such improvement will not be secured under the instruc- 
 tions of ignorant or immoral teachers. The greatest possible defect in the quali- 
 fications of those to whom the instruction of our children is committed, is the want 
 of high-toned morality. Nowhere else are evil principles and vicious habits more 
 destructive in their operations than in the teacher. A noble, honorable and pure 
 spirit is an indispensable requisite in all whose work it is to mould the char;;cters 
 and shape the destinies of the young. That such a teacher as he in regard to 
 whom complaint is made should be removed from his office without unnecessary 
 delay, all considerate persons must admit. The question is, how shall this re- 
 moval be effected ? It is thought by some that the board of education have 
 authority, when, in their estimation, the interests of schools require it, to interfere 
 in such matters, and ovenule the decisions of the local dirtciors. If they have 
 this right, it is wholly inferential ; for it is not explicitly conferred by the school 
 law. In section 6 of this law it is declared that *' it shall be the duty of the school 
 directors in each sub-district, to take the management and control of i's local 
 interests and affairs, to employ teachers, * * and to dismiss any teacher, at any 
 time, for such reasons as they may deem suflficient." The riyht of appeal frona 
 their decision in such cases is nowhere expressly given. In the opinion of the 
 undersigned, the action of the local directors in such cases should be considered 
 decisive and final. Otherwise numerous and unfortunate collisions will arise 
 between the local directors and the board of education. 
 
 Section 46 of the general school law provides an appropriate and sufficient 
 remedy for all such casts. Its language is: "If, at any time, the recipient of 
 the certificate shall be found incompetent or negligent, the txammirs, or any two 
 of them, may revoke the fame, and require such teacher to he diamisned." 
 
 If, upon due examination, the examiners find that the tenclier has been guilty 
 of immoral practices, it is their imperative duty to revoke his ctrtiticate, inasmuch 
 as the law makes a ^- good moral character" a requisite to obtaining such certificate. 
 
 QuES. 115. — Can a buard of education, under the restriction ol the last legisla- 
 ture, levy a tax, general or special, for building purposes, etc., which will amount
 
 122 
 
 in the afrgregate to more than two mills on the dollar, without submitting the sub- 
 ject to H volii of the people? Tlie effect of the law seems to make this restriction, 
 whether design, d or not And such restriction is certainly needed, on acrount of 
 the abuses pr^'cticed under the authority of the 23d section. Tlie specidl assess- 
 ments are becoming the rule, and the township levy tbt exception. This practice 
 not only iraro-es h avy and perplexing duties upon the auditors, but is also the 
 source ol constant jealousy and strife among township othcers. A sub district 
 levy for building purposes usually runs from eight to fifteen mills on the dollar ; 
 and the above restrioiion would virtually do away with such levies, as the amount 
 produced would be insufficient to accomplish the objects desirtd. 
 
 Ans, — Numerous inquiries have been addressed to this department, relative to 
 the effect upon the 2M section of the recent amendments ot tlie 22d section of the 
 general school law. Many entertaiu the opinion expressed in the above inquiry, 
 which conies from the tiuditor of Meigs county. Others claim that secti n 23 is in 
 no manner mudititd by the amendments above named. They contend that inas- 
 much as this f-ection was ntither amended nor repealed, it still gives boards of 
 education authority to levy, without restiiction, taxes upon sub-districts, lor build- 
 ing purposes. 
 
 In order to artive at just conclusions upon this subject, a correct idea of the 
 original purp se and design of section 23 is necessary. It furmed no part of the 
 lav? as first drafted and presented to the Legislature. The purpo-e and spirit of 
 the law were, to impose township taxes for all school purposes whatever To this 
 plan some nierabe»s objected ; and, as a comprorase ol confliciing opinions, section 
 23 was added. This section was never designed to originate power with the 
 boards of education to a?sess taxes additional to those named in section 22. It is 
 in its character supp^mental to that s-ection, defining how, und^r giveu circum- 
 stances, the taxes n imed in said section 22 shall be levied. Whatever amendments, 
 therefore, go to restrict or limit the power of taxation conferied by section 22, pass, 
 by necesfeity. to the following section. 
 
 Among the amendments to the school law, passed April 17, 1857, is a modifi- 
 cation of section 22, which limits taxation for all school purposes, o.her than the 
 payment of teachers, to two mills on the dollar, of the taxable property of the 
 township, excepting in cases where a vote of the township shrtU decide that a 
 greater lax is nectssary. As section 23 is virtually part and parcel of s* c ion 2'2, 
 no greater tax than two mills on the dollar can be levitd upon any tub-district for 
 builoirg purposes, except when the people of the township shall, by vole, order 
 otherwise. 
 
 If the efilct of this opinion shall be a practical repeal of section 23, it will be, 
 in the opinion of the under.-igned, no cause for regret, as said section has been a 
 constant source of difficulty between various school authorities, and of injury to 
 the cause of education throughout the 8tate. 
 
 QuEs. 116— Is it possible, under the school laws of the State, for township 
 boards so to distribute the school funds as to give the small districts an equal 
 number of men hs of school with the larger ones? There aie several sut) districts 
 in this (Pike) county which pay heavy taxes, but enumerate lew jouth. They do 
 not receive funds suffi lent to sustain schools halt as long as do the more populous 
 adjoining distiicts, which pay much less for the support of schouls. Must the 
 board, in all case?, distribute funds according to the enumeration? 
 
 Ans — Section 24 ol the school law, as enacted in 1 }'63, was explicit in requiring 
 that the disposition of funds applicable to the payment of teachers should be in 
 proportion to the youth enumerated. lis language was : ''AH school lunds, made 
 applicable to the pbyment of teachers ouly, sbail be distributed to the several 
 sub-districts, and fractional parts thereof, in the township, m propoition to the 
 enumeration ot scholars, with the excepli ju of so much ot the township tax as 
 may have been levied and reserved by the board lor sust;iining teachers in the
 
 123 
 
 central or h'gh schools, and such school funds as arise from the sale or rents of 
 seciiun sixteen, or other Ihdus in lieu thereof, shall be distiibuted to the localiiies 
 to wl ich such iunds belong." 
 
 Th s ru e worked great inj isiice and inconvenience in naany townships ia all 
 parts of the state. In some bub-districls, large sums of motey were accumulated 
 from j-urp us lunds, over and above what was rt quired to maiotain their schools 
 seven mu ihs in the }ear. In others, tie amount received was not suffi ient to 
 maintain the schools fur half that time. This arose from the inequnliiy of the 
 subdistiitts in respect to tlie number of youth which they iu luded. 
 
 But this evil was enlir<ly removed by the amendment of this section, passed 
 April 17, 1867. The township tax which shall be levied for the coniinuaiion of 
 schools alter the state fund has been exhausted, may be distributed according to the 
 nece.'-i-iiies of the several sub-districts. That is, •'those subdiatncts which v.ontain 
 compa.ru tiveiy a small number (J resident youth of sch<>ol age, and which, owing to 
 sparsene-s of population, and other unavuidable obstacles, can not b". enlarged without 
 serious inconvenience to the inhubitants," may receive a greater share of the school 
 fund than (hey could draw on the ground ot enumeration 
 
 Let it be understood that the moneys derived from the state levy of one and 
 one-halt mills on the dollar valuation, are still to be distributed to th(^ several 
 sub districts, in proportion to the enumeration of scholars The distribution of 
 funds raised by the township tax for the continuation of schools a ler the state 
 fund has been exhausted, are, alone, subject to the discretion of the township 
 board of education. 
 
 QuKS. 117. — Can a sub-dis»jict, which has a surplus of money -ippicable to 
 the payment of teachers, be mude to divide with smaller sub districts in which 
 there is a deficiency ? 
 
 Aks — Inasmuch as section 24 of the general school law, prior to its amend- 
 ment. Mirch 17, 1857, required that all funds such as are contemplated in the 
 question, " shnll be distributed to the several sub districts, and fractional parts 
 thereof, in tl e township, in proportion to the enumeration of scholars," and as 
 the optraiion of this rule has, in numerous instances, induced in townships the 
 condition which the question implie--*, it is evident that the iniertsis of education 
 demand a refutiding of surplus moneys, that the same may be app ied to relieve 
 the necessities of such sub-disricts as are deficient in funds. But I know of no 
 law which would '* c impel" the refunding of moneys received according to the 
 explicit provisions of law. There is, however, a remedy, which township boards 
 of education can apply in all such cases of irjustice and iuconvenience. By the 
 amendm< nt alluded to, boards have authority to distribute the funds raised by 
 townships for prolonginy schools after the state fund has been exhausted, accord- 
 ing to the necessities of the several i>ub distiicts. If, theiefore, a given sub-district 
 has a surplus on hand, the board may take that fact into account, and at their 
 next distribution ninke such a division of funds as would equahze the resources 
 of all the sub-districts. 
 
 It is true that this remedy is prospective in i'a operation. It does not furnish 
 imwfdiate re ief to the smaller sub-districts. Still, it assures them of re.ief at the 
 earliest period consistent with the provisions of law. 
 
 QuEs. 1 18. — Does the school law require that the superintendent of the schools 
 in a city or vi lage, be examined, and receive a certificate of qualifications to 
 teach, in onier to draw his pay from the public funds ? 
 
 Ans — No such office as that numed in the question, is known to any existing 
 school law of the state Section l:-J of the general school law gives the township 
 board authority to appoint one <f their own number the acting man <ger of schools 
 for the township. But this is not such an office, precisely, as that named in the 
 inquiry. 
 
 That the character of this office may be understood, we must consider its ac-
 
 124 
 
 customed duiies. What, then, are the appropriate labors of a superintendent of 
 the schools of a village or city ? 
 
 In our larger towns, the superintendent devotes all his lime to the general 
 oversight and management of the schools. He recommends to the board of edu- 
 cation suitable persons to be employed as teachers. He frequently visits the sev- 
 eral schools, and advises or directs the teachers in regard to their duties. He 
 calls meetings of the teachers, and gives them instruction in regard to teaching 
 and discipline. He examines classes, and promotes pupils from grade to grade, 
 according to their proficiency. He takes oversight ot the buildmgs and other 
 school property. In the smaller towns, he acts not only as a general superintend- 
 ent of the schools, but also a teacher in some one of the departments ; devoting, 
 perhaps, one-half his time to each of these branches of labor. In any case, his 
 duiies are just what the board, his employers, may please to make them. No 
 state law crtates his cfHce, or defines his duties. In ail things he is subject to the 
 will of the power that gives him his position. 
 
 It needs no argument to prove that he is, virtually, the principal of the schools ; 
 that is, the head teacher, or the foreman of the teachers, and as such teacher, it is 
 mani''estly proper that he should receive from the proper source a certificate of 
 qualifications. He receives his salary from tbe same fund, and in the same man- 
 ner that other teachers do. And as the law positively forbids the disbursement 
 of this fund to any excepting teachers holding the proper certificate of qualifica- 
 tions, it is plain that the question should receive an affirmative answer. 
 
 QuES. 1 19. — If directors furnish a teacher with a set of written rules, and he 
 gains the disapprobation of some parents by trying to carry them into effect, have 
 the directors power to close the school before the term expires ? Or, if a teacher 
 is discharged while he is complying with th3 reasonable requirements of the di- 
 rectors, can he not recover pay for the full term, according to the article of 
 agreement ? 
 
 Ans — Inquiries similar to the above, are frequently received at this office. 
 Section 6 of the general school law, makes it the duty of the school directors " to 
 employ teachers, * * * and to dismiss any teacher at any time, for such 
 reasons as they may deem sufficient." 
 
 Section 1 1 of *' an act to amend, and supplementary to an act entitled ' an act 
 to provide lor the reorganization, supervision and maintenance of common 
 schools,' passed March 4, 1853," dated April 17, 1857, provides that "If the 
 directors of any sub-district dismiss any teacher for any frivolous or insufficient 
 reason, such teacher may bring suit against such sub-district, and if, on the trial 
 of the cause, a judgment be obtained against the sub-district, the directors 
 thereof shall certify to the clerk of the board the sum so found due, and he shall 
 issue an order to the person entitled thereto, upon the township treasurer, to pay 
 the same out of any money in his hands belonging to said sub-district, and ap- 
 plicable to the payment of teachers. In such suits, process may be served upon 
 the clerk of the sub district, and service upon him shall be sufficient." 
 
 These provisions are so clear and explicit as to render explanation unneces- 
 sary. Directors have power to dismiss a teacher for such reasons as they may 
 deem sufficient But should the curt before which the teacher should bring 
 suit, deem these reasons " frivolous or insufficient," such teacher can rtcjver 
 such an amount a^ the court shall judge to be just and proper. Whether this 
 amount, ia any case, shall be the same as the " pay for the full term according to 
 the article of agreement," will, doubtless, depend upon the facts pertaining to 
 each litigated case. 
 
 Competent and worthy teachers are liable to be dismissed by incompetent and 
 unworthy diiectors. But such cases will be exceedingly rare. The chief danger 
 in regard to this matter is that worthless teachers will be suffered to continue in 
 charge of schools, when both justice and mercy demand that they should be dis-
 
 125 
 
 missed from an employment for which they are utterly unqualified. Because a 
 teacher has obtained a certficate from a board of examiners, it does not of neces- 
 sity follow that he is competent to take charge of the instruction of cliiidreD and 
 youth. In practical knowledge, tact and discretion, the directors may tiod him to 
 be so deficient as to render hi.s dismission their imperative duty. In such a case, 
 the teacher could not, and should not recover damages. 
 
 QuES. 12U. — Some two years f^mce, the board of examiners for county, 
 
 granted a certificate of qualification for teaching school, to a certain young man 
 of said county lie sustained the examinatian with great credit to himselt, and 
 gave satisfactory evidence of an excellent moral character. But upon trial he 
 failed in regard to government. He could not preserve due order in the school- 
 room, and before the time for which he had been engaged had expired, he was 
 dismissed by the directors. He subsequently engaged in another school, and 
 although he continued till the close of his engagement, he failed to maintain or- 
 der, and the school was of little or no utility to those who attended it. 
 
 A few weeks since, he applied to be examined for another certificate, which 
 the board refused to grant, on the ground of his repeated failures in governing 
 his pupils. Are the examiners justifiable for this refusal ? 
 
 Ans — Most certainly they are. Scholarship and moral character are not the 
 only requisites requirj d of teachers. No qualifications are of higher importance 
 than the ability to maintain due order in the school-room. 
 
 Some young teachers may fail for one terra in governing a school, but after 
 that experience, achieve satisfactory success as disciplinarians. For a tingle 
 failure of this kind, they should not be rejected. But when it becomes a settled 
 point that candidates are particularly deficient in the matter of government, they 
 should be rejected by the board. 
 
 Examiners need exercise discretion in deciding such cases. 
 
 QuES. 121. — Can a woman be a legal examiner of teachers, under the several 
 school laws now in force in Ohio ? If so, is it proper and expedient that they 
 should be appointed to this office ? 
 
 Ans — The answer to the former of the above inquiries, must depend upon the 
 phraseology of the laws which create the office of examiner. Section 44 ot the 
 general school law makes it " tlie duty of the probate judge, in the several coun- 
 ties of this state, as soon after the election of school officers under the provisions 
 of this act as practicable, to appoint a county board of school examiners, to con- 
 sist of three competent persons, resident in the cjunty," etc. Under this law, it 
 is manifest that a woman is competent, legally, to hold the offi;e of examiner. 
 She is a " person," and may be " a resident in the county " 
 
 Section 9 of the Akron school law makes it the duty of the town council " to 
 appoint three competent persons to serve as school examiners of said town, all of 
 whom shall be citizens of Akron," etc. Section 13 of the "general act for schools 
 in cities and towns" says: "The board of education, within twenty days after their 
 election, shall appoint three competent persons, citizens of said district, to serve as 
 school examiners of the public schools therein," etc. 
 
 These last two laws require that the examiners shall be "ciiizivs." It may be 
 that the Legislatures which enacted these laws intended to require only that the 
 examiners should be residents, etc. Still, the la7}(juage of the law mu-t tjovtrn in 
 the case, unless the courts shall decide otherwise. A woman is not, legally, a 
 *' citizen" for this term implies, in law, much more than mere residence. It im- 
 plies the rights of elective franchise, which have not yet bet-n accorded to woman. 
 
 In reg^rd to this point, it is proper to remark that I have con.suhed the highest 
 legal authority in the State, and have conformed my opinion to the advice thence 
 derived. 
 
 In regard to the second inquiry, whether it is expedient that women should hold 
 the office under consideratiun, it is my opinion that circumstances should receive
 
 126 
 
 due regard in determining the answer. If men who are every way qualified will 
 acct pt the position, there are strong reasons why they, rather than women, should 
 receive appointment. Under the general school law, the only one under which 
 women are legally competont, the examiners are county officers, and it fiequently 
 becomes necessary that they travel from ten to twenty miles for the purpose of 
 holding examinations. When a large number of candidates are examin* d, severe 
 and tiresome labor must be performed. Many women are physically inco'iipetent 
 for such fatiguing service. It sometimes happens that ignorant and coarse men, 
 who, upon exammation, are refused certificates, become denunciatory aiid brutal 
 in their language, threatening vengeance upon the examiners. It would be im- 
 proper, not to say cruel, to subject women to such indignities. 
 
 But whenever men of suitable qualifications will not accept this office, it is far 
 better that v omen, if qualified, should receive ihe appointment, than that it sh.uld 
 be given to incompetent men. 
 
 jvJoTE — It did not occur to me, in writing the above opinion, that the question 
 is settled by the Constitution of the State. Art. XV., sec 4, declares that "no 
 person shall be elected or appointid to any rffice in this State unless 1ie po&sess the 
 qualifications of an elector" 
 
 QoES. 122. — A short time since, the probate judge of county, for reasons 
 
 satisfactory to himself, saw proper to remove one of the school examiners of this 
 county, and appointed me in bis stead. The removed officer refused to yield his 
 seat, alleging that the probate judge has no lawful authority vested in him, giving 
 him the power to remove a scliool examiner. I would, then, propose the query, 
 whether the probate judge has the authority to remove a school examiner for any 
 reason, or not, and it not, to what authority or court are tbey amenable for their 
 conduct? And should they fail to discharge faithfully and impartially the respon- 
 sible duties devolving upon them, or should be guilty of conducting themselves in 
 an unbecoming manner, what course must be pursued ? 
 
 Ans. — The school law makes it the duty ot the judges of probate to appoint 
 school examiners for their respective counties, but it does not confer upon them 
 the power of removal from office. Power to appoint does not carry with it the 
 power to remove. It is my opinion that there is no law for the removal or im- 
 peachment of school examiners. 
 
 This fact should induce probate judges to exercise great discretion and careful- 
 ness in their appointments to this office. By this course they may avoid the 
 necessity for removals. 
 
 In the opinion of the undersigned, it is not desirable that probate judges should 
 have power to remove examiners, as they wculd often be importuned to mate 
 removals for insufficient reasons. For example, any one who should become dis- 
 satisBed with the doings of the examiners could get up petitions for their removal. 
 Should the examiners be thorough and faithful in their examinations, and refuse 
 ctrtificates to the incompetent, they would, in many instances, be rewarded with 
 malicious persecution. It is better that an unworthy examiner should be retained 
 in the board for his brief official term, than that the door should be opened to the 
 ingress of interminable difficulties. 
 
 QuES, 123. — The local directors of one of the sub-districts in county, em- 
 ployed a teacher, some time in December last, to teach for them, who had not at 
 the time a certificate. He closed his school in February last, and at our regular 
 monthly meeting in April he applied and obtained a certificate, dated upon the 
 day of examication. The clerk of the township refuses to grant an order on the 
 certificate. Suit is threatened by one party if he grants it, and by the other if he 
 withholds it. They appeal (o the board of examiners to relieve them by dating 
 the certificate back, to cover the time in which he taught. 
 
 Quetticn — "What is the respective duty of the several officers, from the local 
 directors up to the board of examiners, in this special case ? Would Tve be justi-
 
 127 
 
 fiable in dating his certificate so as to include tbe time, or would the clerk be 
 justifird in granting an order on ilie certificate obiained some three months after 
 the close ol the school ? 
 
 Ans — Sec. 45 of the school law plainly and positively forbids the employment 
 of a teacher who is roc at the time of his employment in possession of a certificate 
 of qunlitications for teaching, obtained from the board of examiners for the county 
 in which he is to teach. Seldom or never should this prolubition be disregarded, 
 for it is not safe to take it for granted that a teacher who is not in possession of a 
 certificate of qualifications will be able to obtain such certificate, should such a 
 teacher ullimattly fail of obtaining a certificate, under no circumstances should 
 the public school funds be appropriated to the payment of services rendered; but 
 the directors wou'd, in their individual charact^-r, be liable for such payment. 
 
 In some instances which have come to the knowledge of the underbicrned, 
 directors have sought to prevent or avoid such liability by an agreement with the 
 teacher that he should assume the responsibility of obtaining a certificate; and 
 that if he fails to obtain it, he shall receive no pay for the services which he may 
 render, i^'uch a proviso may exempt the directors from pecuniary liability, but 
 it does not necessarily protect the people of the sub-district against the danger of 
 a worthless school ; and directors would find it difficult to jus.ily such trilling with 
 the high interests which they are set to guard. 
 
 It is my opinion that township clerks should never draw orders for the payment 
 of teachers for time not covered by their certificates. This is the only safe rule 
 by which they can be governed in this matter. 
 
 Should an instance arise when it should become absolutely and unavoidably 
 necessary that a teacher commence school prior to obtaining a certificate, and 
 then at the fi'St sub.-=equent meeting of the board of examiners obtain a certificate, 
 it is my opinion that said board may antedate the same so as to cover the time 
 during which he has taugtit. But no such dating back should be granted him in 
 case he had neglected to use due diligence to possess himself of a certificate at an 
 earlier period. 
 
 For obvious reasons, it is far better that the necessary discretion in this matter 
 should be exercised by the board of examiners than by the township clerk. 
 
 QuES. 124. — A teacher was employed for thi term of three months, and was to 
 receive $20 per month for his services. At the time ol his engagement he had 
 obtained no certificate from the board of exarainer.s, and he taught six weeks 
 before applying for examination. He then obtained a certificate for one year. 
 The local directors certified to the township clerk that there was due the teacher 
 860, for three months' services. But inasmuch as his certificate of qualifications 
 covered but half of this time, the clerk declined to draw an order for more than 
 half the amount; that is, S30. Such an order the teacher refused to receive, and 
 reported the case back to the local directors. The directors then certified to the 
 clerk that ihe teacher had taught one month and a half, at $40 a month, and that 
 there was due him S60. But the clerk, believing that this was a mere trick for 
 evading the force of a just law, still refused to draw the order for the full amount. 
 Questions. — Was the action of the directors and teacher in this matter legal and 
 justifiable ? Ar)d had the township clerk any just right to go back of the certifi- 
 cate ot the directors, and refuse to draw an order for the full amount. 
 
 Aks. — In respect to thp propriety and honesty of the course pursued by the 
 directors and teacher in this case, my opinion coincides entirely with that enter- 
 tained and exp-essed ujion the subj-ct by the township clerk. But, ia addition to 
 this tstiraa'ion of the case, there are serious legal objections thereto. Section 24 
 of the school law enjoins the duty of keeping up schools in all the sub distii;ts for 
 at least s-ix months iu each year. If boards of education report out half the time 
 during which schools have been sustained, they represent themselves as violating 
 the law which requires twice the amount of time which is given m their reports.
 
 128 
 
 As to the second inquiry, I must give it as ray opinion that the course pursued 
 by the township cleik was justifiable, and worthy of praise. la all ordinary cases, 
 and in the absence of all evidence of illegality in the proceedings of the local 
 directors in suoh matters, it is no part of the duty of the clerk to go back of the 
 certificate of the directors, and inquire i;ito the propriety of their official acts. In 
 such cases his duties are simply executive, and not judicial. But when he is iu 
 possession < f the fullest testimony that he is required to aid and abet in the per- 
 petration of a fraud, to assist in obtaining public funds under false pretenses, it 
 clearly becomes his duly to decline such participation 
 
 It is the design ot the law that directors, clerks, treasurers and auditors shall 
 act as checks upon each other; otherwise the school funds might pass directly 
 from the pockets of the tax-payers into the hands of the local directors But all 
 experience has shown the necessity of appropriate checks and guards, to prevent 
 the p-rversion and squandeiiog of public funds. 
 
 QuES. 124 — The board of school examiners for county hold their meetings 
 
 on Saturday of every week. Each session continues upon an average not to ex- 
 ceed three hours. Each member of the board receives for such services the legal 
 fee of one dollar and fifty cents for each day thus employed. In addition to this, 
 the clerk of the board makes a charge of five dollars per quarter for recording 
 proceedings. Have the clerks of boards of examiners a legal right to receive pay 
 for clerical services, additional to that received as members of the boards of exam- 
 iners ? 
 
 Ans. — When the meetings held for examination are so largely attended as to 
 require the whole day for the simple work of examination, leaving the clerk no 
 time to make out certificates and record proceedings, rendering it necessary that 
 this work should be performed on another day, it is just and proper that he re- 
 ceive pay for the same, at the rate of one dollar and filty cents a day. But such 
 cases will seldom or never occur where the meetings of the board are frequent, 
 and when examinations are conducted on the plan of oral questions. 
 
 In all cases similar to the one stated above, extra charges by the clerk are 
 illegal ; and such accounts should never be allowed by the county auditor. 
 
 QuES. 125. — In two of the sub districts of township, special taxes were 
 
 levied in 1857, for the erection of school houses therein. The cost of these houses 
 considerably exceeds the amount raised for their erection. Can this deficiency be 
 made up by a special levy upon those sub-districts the present year ? 
 
 Aks. — Certainly not. The amendment to the twenty-third section of the school 
 law, passed April 12, 1858, declares " that such tax shall not be levied in any stti- 
 district wherein tlie same has been hereto/ore levied, nor in any case shall it be assessed 
 more than once in any sub-district " 
 
 QuES. 126. — What is the just and true interpretation of the amended twenty- 
 third section of the school law, where it declares that a special tax *' shall not be 
 levied in any sub district wherein the same has been heretofore levied?" Does 
 the intention of the word "heretofore," reach back to a period prior to the enact- 
 ment of the present school law, which was passed March 14, 1853? 
 
 Ans. — Ot course it can refer to no other t^xes than those which have been 
 levied under the authority of this twenty-third section. Under the system which 
 prevailed previous to the enactment of the present law, every district in the state 
 had paid taxes of this character. Any sub-district which has not paid a special 
 lax since the present law came into force, is liable to a levy not exceeding two mills 
 on the dollar, (unless a greater assessment shall be approved by a vote of the 
 township,) for the cost of purchasing a school house site, and electing or repairing 
 a school house the. eon. 
 
 QuEs 127. — Are residents of sub-districts, composed of fractional par^s of 
 diflerent townships, entitled to vote in the election ol local directors, unless resident 
 of that portion of such sub-district which lies within the township where the school
 
 129 
 
 Louse is located ? In other words, are residents of such fractional parts of town- 
 ships, where no school bouse is located, entitled to any vote in such election ? If 
 so, can such directors be elected from either or all the fractional parts of townships, 
 or only from the one in which the school house is located ? If from any or all, 
 the clerk being selected from the number, should he chance to be a resident of a 
 fraction where the h:use is not situated, will he be a representative m the board 
 of the township in which he resides, or in that of the township where the school 
 house is located: 
 
 Ans — The first of the above inquiries I answer, without hesitation, in the 
 affirmative. Sec. 2 of the school law provides that residents within sub-districts 
 who have the qualifications of voters at the state and county elections, shall be 
 entitled to vote in the election of local directors. The fact that a sub district may 
 be composed of fractional parts of different townships does not, in the opinion of 
 the undersigned, alter the case in the least. Sec. 16, which authorizes the estab- 
 lishment of joint jub districts, gives no intimation that any portion of the electors 
 resident within buch sub-districts are to be disfranchised, so far as having a voice 
 in the selection of local directors is concerned. 
 
 The second point of inquiry I answer by expressing the opinion that local direc- 
 tors for j )int sub-districts can be chosen from any parts of such sua-districts. The 
 right to vote under the school laws of the state, carries with it, the right to hold 
 office under such laws. 
 
 The last point of inquiry is not so easily answered. Should the local directors 
 choose iheir clerk from a part of the sub-district which is not included within the 
 township in which the school house is situated, and said clerk thereby become a 
 member of the board of education for a township of which he is not a resident, it 
 might be objected that it involved a conflict of legal and municipal principles. 
 But in reply to such objection it is sufficient to state that every part of a joint sub- 
 district becomes, for school purposes, a part of that township in which the school 
 house is situated ; so far, at least, as the matter under consideration is concerned. 
 It is, therefore, legal and proper that the clerk of a joint sub district should become 
 a member of the board of education, without regard to the fact of his residence in 
 one or another of the fractional parts of townships which compose the joint sub- 
 district. 
 
 QuES 128.— By the township levy for 1857, for the purpose of prolonging the 
 schools in the several sub-districts after the state funds were exhausted, there was 
 raised the sum of S471 69, which was to be distributed between 360 scholars, 
 which on the 1 9th of April last was divided as follows, showing the number of 
 scholars, the amount of state funds, the amount of township funds, and the total 
 amount to each sub-district: 
 
 No. of sub- district. 
 
 No. of schol 
 ars. 
 
 Amount of 
 State Funds. 
 
 Amount of 
 T'p Funds. 
 
 Total am't to 
 each sub- dist. 
 
 1 
 
 90 
 92 
 61 
 62 
 55 
 
 $142 80 
 
 145 98 
 
 96 82 
 
 98 41 
 
 87 25 
 
 $65 63 
 62 65 
 111 18 
 no 22 
 121 :i^ 
 
 $208 63 
 208 63 
 
 2 
 
 3 
 
 2U8 63 
 
 4 
 
 208 63 
 
 5 
 
 208 63 
 
 
 
 The question which the board wish you to answer is this : Is the above distri- 
 bution in accordance with the spirit of the law, or should they have provided a six 
 months' school for the smaller sub-districts, and have left the remainder to be 
 appropriated to those larger subdistric'.s, so as to have extended the schools to a 
 longer period than six months? There seem to be some doubts in the minds of 
 
 9
 
 130 
 
 some of the members of the board as to the propriety of such a distribution of the 
 township funds. 
 
 Ans — It is my opinion that the distribution of school funds by your board of 
 education was in accordance with the spirit of the law, as expressed in the amended 
 twenty-fourth section It certainly was just and proper, provided the sub districts 
 required teachers of equal qualifications. As a general fact, a school containing 
 thirty pupils needs as good a teacher as one which contains a greater number. 
 Still, in some instances it is necessary to emp'oy a more expensive teacher for the 
 larger school. The work to be dtne requires more activity, energy, tact and 
 physical endurance ; and it is entirely proper and just that such a teacher should 
 receive a higher compensaiion than one in a school which does not demand these 
 qualifications to so great an extent. 
 
 After providing amply for a school of at least £ix months ia each sub district, 
 it is my opinion that it is entirely proper that any balance of funds applicable to 
 the payment of teachers which may remain on hand may be appropriated at the 
 discretion of the board. 
 
 Permit me to express my gratification that your board are di>-posed to deal so 
 liberally with the less populous sub-districts It is a cause for regret that the same 
 spirit does not prevail in all the townships of the state. 
 
 QuES. 129. — Our board of education are at loss to know how they shall raise 
 funds to keep up a school the length of time required by law, when the directors 
 have paid exorbitant prices for teaching, and txpcLded all of the public lunds in 
 thrte or four months. 
 
 Can they authorize a special tax on such sub-district, or must the funds be 
 furnished by a tax upon the township ? 
 
 Ans. — No tax can legally be levied upon a sub-district for the purpose of paying 
 teachers' wages. It is the duty of the board of education annually to estimate the 
 amount of funds necessary for the purpose of prolonging, after the state funds 
 have been exhausted, the terms of the several sub-districts or primary schools in 
 the township, and certily the amount to the auditor of the county. This assess- 
 ment cannot exceed two mills on the dollar ; and it must be levied upon ail the 
 taxable property of the township. The money thus raised, together with that 
 derived Irom the stale funds, will prove amply sufficient for sustaining the schools 
 of the township at least six m( nths in the jear. See school law, section 22. 
 
 If the local directors in any sub-district are dispof-ed to pay "exorbitant prices 
 for teaching," and thus endanger the prospect of their ability to sustain a school 
 for six months, it is my opinion that the general supervisory powers with which 
 the law invests boards of education, are such as to authorize said boards to establish 
 rules lioiilinu; the amount which ihe local directors may agree to pay teachers. 
 
 Qdes. 130. — The twenty -sixth section of the school law m^kes it the duty ot the 
 township board of education " to make settlement with the township treasurer at 
 their regular session in Apiil annually." And section 29 requires treasurers 
 '•annually between the first and twentieth of February, to settle with the cuunty 
 auditor, and ace unt to him for all moneys received, from whom and on what 
 account, and the amount paid out for school purposes in his township." Some 
 treasurers think that they should not make settlement with the auditor for 
 school money not applici.ble to the payment of teachers, and only settle for the 
 teachers' fund and the /und other than tor the payment of teachers, settle for with 
 the board of education. 
 
 The question I wish answered is, what funds should they settle for with the 
 auditor and what with the board of education ? If they are required to settle 
 for all moneys wiih the auditor, then what is left for them to settle with the board 
 of education ? 
 
 Ans — The township treasurer must "settle with the county auditor and ac- 
 count to him for all moneys received, from whom and on what account, and the
 
 131 
 
 amount pail out for school purposes ia his township." I kno^ of no language 
 by which the requirement that the treasurer seule witli the auditor fur "all 
 moneys received," could be made more clear and explicit. 
 
 In regard to the second point of inquiry, I give it as my opinion that there is 
 no impropriety in requiria:^ the township treasurer to settle with the board of edu- 
 cation for the receipt and disbursement of the same moneys in regard to which 
 he is required to settle with the aulitor. A new biard of' education, or an old 
 one reorganized, comes into power at the time when this settlement is required to 
 be made ; and there certainly id propriety in the requirement thit they should be 
 made acqu-iinted with the amount and condition of funds subject to their order. 
 
 Q0E8. 131. — Does the school law make provision for the payment of services 
 rendered in preparing the various reports whi^h it reijuires ? 
 
 Ajfs. — Sec'ion forty-one provides that the county commissioners of each county 
 in this state, shall make the same allowance to the county auditor out of their re- 
 spective county treasuries, for services performed and expenses incurred under 
 this act, as is allowed for other services of like nature. It is, therefore, obvious 
 that there is no ground for complaint on the part of the auditors 
 
 The township boards of education are, by section 25, authorized to impose the 
 duty of reporting to the auditors upon their clerk, or upon the acting manag^-r of 
 schools for the township. Should they appoint, for this purpose, the acting mana- 
 ger of schools, they may, according to section 13, " allow him a reasonable com- 
 pensation for his services " Should they appoint the township clerk to prepare 
 and forward the required report he could claim and receive pa)m^nt for this labor 
 as Wed as for other clerical services rendered. In rep'y to the inquires whether 
 township clerks are entitled to remuneration for their services as members of the 
 township boards of education, or for raakinj; and trinsmitting to county auditors 
 abstiacts of the enumeration returned to them, or for taking the enumeration in 
 case the directors in any sub-district fail to take and return the same, or for tid- 
 ing vacancies in the boards of local directors, or for drawing iu favor of teachers, 
 or for acting as clerk at meetings relative to central or liigli schools, t)r for prose- 
 cuting township treasuiers on their bonds, or for reporting to the state commis- 
 sioner when required to do so? If so, from whom and from what funds ? The 
 following answer was given by the late commissioner, Hon. H, H. Baroey : 
 
 " The rule on this subject is understood to be that township or county officers 
 neibher salaried nor created by the school law, but upon whom it imposes certain 
 new duties, are entitled to the same allowance out of their respective county or 
 township treasuries, for services performed and expenses incurred under the 
 school law, as is allowed them tor other seivices of like nature, rendered iu their 
 official capacity." 
 
 In most instances the township clerk is also the acting manager of schools. In 
 either case ample provi^ion is made for payment of services rendered in preparing 
 and forwarding reports to the county auditor. 
 
 The reports which teachers are required to make demand no other remunera- 
 tion than that which is received in their stipulated salaries. 
 
 The only remaining officers upon wh )m reports are dependent, are the direc- 
 tors of sub districts. They are required annually to take, or cause to be taken, 
 an enumeration of all the unmarried while and colored youth between the ages 
 of five and twenty-one years, resident within such sub district, and return the 
 same to the townshfp clerk. When it is considered that there are in each sub- 
 district three directors, and an average of about ^ixty youth subject to enumera- 
 tion, the annual duty thus imposed can not be deemed as seriously onerous. 
 
 Although no provision is male for paying school officers for the discharge of 
 ordinary duties, yet it must be apparent to all that amp'e remuneration is pro- 
 vi led for preparing and forwarding the several reports lor which our schojl law 
 makes demand ; with the simple exception of the enumeration in sub-districts.
 
 132 
 
 It is difficult to undeTstand wLy sucli general and earnest complaint rliould have 
 been made against our school system on tliis account. I am inclined to the 
 opinion that the provisions of the law relating to this matter have not been fully 
 understood. 
 
 QuES. 132. — What penalties does the school law impose for neglecting to make 
 the reports which it requires ; and have these penalties been exacted in practice 
 under the law ? 
 
 Ans — In case the directors in any sub-district shall fail to take and return the 
 enumeration required, the expense of taking the same may be recovered from 
 them in civil action, before any court having jurisdiction in such matters. If 
 school teachets nf-glect to make the reports requ'red of them, they forfeit the 
 full amount of their salaries. If boards of education and auditors fail to make 
 the proper returns, their townships and counties can not lawfully share any por- 
 tion of the sta'e school funds ; but those officers are held responsible for the 
 amounts which would have been apportioned to their respective townships and 
 counties had the proper reports been rendered. (See sections 8, 18 and 42.) 
 Section 40 declares that " in case the county auditor shall fail, from aijy cause, to 
 make return of the abstract as aforesaid, it shall be the duty of the county 
 commissioners to deduct for every such failure from the annual salary or allow- 
 ance made to the auditor for his services, the sum of fifty dollars." 
 
 The Jaw is decided and emphatic in forbidding that funds be appor!ioned to 
 such townships and counties as fail to make the reports required Section 37 
 declares " tbe county auditors shall annually, and immediately after their annual 
 settlement with the county treasurer, apportion the school funds for their respec- 
 tive counties according to the enumeration and returns in their respective offices ; 
 and no totonship or other district, city, or vHloge, which shall have failed to make and 
 return such enumeration, shall be entitled to receive any portion of the common school 
 /unds.^' 
 
 Section 67 is equally explicit in regard to this particular. It provides that no 
 order shall be drawn by the county auditor upon the county treasurer, in favor of 
 any board of education, " unless the local treasurer, clerk, recorder or secretary 
 of such board, or other school officer, shall fint dej^osit toith said auditor, annually, 
 an abs'riict of the enumeration of scholars and other statistics relative to the schools 
 under their charge, as required by this act, of teachers, local directors, and boards of 
 education in townships." 
 
 It has been deemed prudent hitherto not to enforce the above provisions ; but 
 to afford the people m all parts of the state ample time and opportunity for full 
 acquaintance with the general principles and special details of our school system. 
 But in the opinion of the late school commissioner, the time has come when the 
 highest interests of education demand that for the fu'ure all townships, cities and 
 villages, which shall fail to make the returns which the law requires, shall be ex- 
 cluded ftom a participation in the school funds. Such is also my own judgment 
 in the case. To cany this idea of duty into strict execution, would be, on the 
 part of county auditors, an unpleasant necessity ; but whenever an individual 
 has accepted office under any given law, i: becomes his imperative duty to abide 
 by the provisions of tliat law; and delicate and painful as the discharge of his 
 official duties sometimes may be, he has no option but to execute them. And in 
 this view of the case, I shall address all county auditors in tbe state in regard to 
 this matter. Section 52 declares that the state commissioner of common schoo's 
 "shall (xeicise such supervision over the educational funds of the state as may be 
 necessary to secure their safety, and right application and distribution according to 
 law. He shall have power to require of county auditors and township boards of 
 educaiion, or other local school officers, clerks and treasurers of townships, 
 county treasurers and clerks, recorders and treasurers of cisies and vilhges, 
 copies of all reports by thim required to be made ; and all such information in
 
 133 
 
 relation to t/te funds and condiiipn of schools, and the management thereof, as he may 
 deem imjiorfant." 
 
 QuKs. 133. — From certain facts of recent occurrence, I desire your opinion upon 
 the following points : 
 
 1 Do llie school laws of the State authorize teachers to expel c suspend pupib 
 from school? 2. What school cfficers have this au'hority ? 3 Admitting; that 
 boards of education have such authority, can a si7iffte member extrcise it? 4. 
 Should a pupil be suspended until his parents have been consulted m the matter? 
 5. Who is 10 decide v/hen a pupil deserves suspension ? 
 
 Aks. — 1. Neither our genera! school law, nor any of the special laws now in 
 force in the State, confers upon teachers authority to expel or susptnd pupils from 
 school ? 
 
 2. Section 15 of the general school law gives power to boards of education to 
 suspend disorderly pupils from the privileges of the school, which suspension will 
 expiie with the current session of the school. Said boards m-ij devu've this duty 
 upon the local di'cctors of the sub-districts. In cities and incorporated villages 
 there are no local directors, and most of the special laws under which their schools 
 are organized confer upon boards authority to make and establish such rules and 
 regulations for the government of the schools as they m-iy deem necessary and 
 proper. See Swan's Revised Statutes, page 860, sec. 1 1 ; also page 855, sec 6. 
 If the boards of education authorize teachers to suspend disorderly and ungovern- 
 able pupils, it is my opinion that the several school laws of the Stale will sustain 
 them in so doing. What the boards do through their authorized agents, they do 
 themselves. 
 
 3. The answer to this inquiry must depend upcn the nature of the rules and 
 practices which prevnil with the boards. Section 13 of the generril srhool law 
 empowers boards of education to " appoint one of their number the acting manager 
 of schools for the township, who shall do and perform all su^h duties as the board 
 may prescribe in relation to the management and supervision of the different 
 schools," etc. Frequently boards authorize their president, or the chairman of 
 the committee on school discipline, to act for them in all matters pertaining to the 
 government of the schools. 
 
 4. Boards (<f education and their aitthoTizcd agents should be careful that no 
 injustice be done to any pupil. Certainly no child should be subjected to the 
 disgrace of a suspension until all milder eflF-Tts have been made to reclaim and 
 reform him. The 7iffht of a child to attend school should not be considered for- 
 feited until there is full evidence of his persistent purpose to be disorderly. U.--ually 
 it is eminently proper that parents should be nuiitied previous to the sujpention, 
 that their intiucoce may unite with that of the teacher to avert the necessity for 
 extreme punishment. But when it is notorious that a p-irent upholds his child in 
 his evil practices, such parent can make no high claim to be consulted, on the 
 ground either of justice or courtesy. 
 
 6. Boards of education are the lawful and proper judges of the question whether 
 a pupil has forfeited the right to continue in the school. 
 
 QuEs. 134. — At the election of local director, held in a certain sub-district two 
 years ago last April, two persons received an equal number of votes. The parlies 
 then decided the elect'on by lot ; and the man who won was sworn in, and served 
 as director till last June, without objection from any quarter. Then certain diffi- 
 culties arose in the sub-district, and one party object'^'d to the legality of this 
 director's election. The township clerk decided that he was not entitled to the 
 office, and appointed another man in his place. 
 
 1. Was the elecion valid ? 2. If not valid, had the township clerk a right to 
 appoint a director ? 
 
 Ans. — 1. The election was not according to the statute, and was, therefore, not 
 vali J. A tie vote is simply a failure to ele^t ; and another ballot should have been
 
 134 
 
 taten, either at the time, or at an adjourned meeting. Or a special meeting might 
 have been held, according to the lourth section of the law. The provision for 
 casting lots in case of a tie vote, found in the second section, had regard, not to 
 the election of dirfctors, bur to the duration of their official terms, and was intended 
 to apply exclusively fo the first electitn he'd under the law. 2. The vacancy was 
 not one which could be fi led by appointn-'ent by the township clerk. It was a 
 failure to elect, ard therefore a special election should have been called, according 
 to the fourth section of th*^ statute. 
 
 It may be proper to remark here, though the matter is not involved in the inqui- 
 ries presented, that the acts of this director, chosen by lot, are valid and binding. 
 Had another director been chosen at a special meeting, and had the one who was 
 chcsen by lot still claimed a right to hold and exercise the office, the question be- 
 tvpeen them cou'd be properly settled only by a writ of quo warranto. 
 
 QuEs. 135 — In township it has been the custom to divide up the contingent 
 
 fund among the sub-districts, and leave it in the hands of the clerks, to be paid 
 out by them as it may be needed. Is this practice in accordance with the school 
 law? 
 
 Ans. — It is my decided op'nion that such funds should be retained in the cus- 
 tody of the township treasurer until drawn cut on orders of the board of education 
 for the payment oi specified expenses. See School Law, section 24. 
 
 QuES. 136. — The local directors of a suboisirict in Porter township, Scioto 
 county, Ohio engnged a teacher, by written contract, on the first day of June, 
 1861, for the term of six months, commencing September 9th, 1861, for S'40 per 
 month. The board of education of that township met on the 16th of September, 
 and passed a resolution instiuctirg the clerk to give no orders on the treasury for 
 more than ^33-J per month The clerk then gave written notice to the local 
 directors in the sub-district referred to, that any certificate given by them for more 
 thfin 833^ would be considtnd null and void Would the action cf the beard 
 afi'ect that contract, made en the first day of June? 
 
 Ans. — It is my opinion that the resolution of the board of education can not be 
 retroaciive ; consequently the contract remains valid. Ex po&t facto laws and rules 
 are to be held as void. The teacher can collect the lull amount specified in the 
 contract. 
 
 Inquiries have been made at this office as to the amount of State school funds 
 to be apportioned during the current school jear Boards of education and other 
 parties desire to know whether the amount will be sufficient to meet and fulfill 
 outstanding contracts. 
 
 In reply, I have to slate that the amount of funds for the present year, derived 
 frcm 'he levy of one and four-ttnths mills on all the property in the State, will be 
 somt wl at less per enumerated }outh than for previous years The amount ahcacy 
 ap]:ortioned is siit>-tix c* nts to each, and it is probable thf>t the August appor- 
 tionirent will be about the same, joss-ibly it may I'tach sixty-eight cents. The 
 whole amount for the jear will be six or eight cents less than was distributed in 
 1860. Now, as the giard duplicate upon which the assessment of last year was 
 made exceeded that of any former year, the question very naturally arises, why 
 the State school fund }ields a less amount to each enumerated youth than for- 
 merly ? 
 
 Two facts vill furni h a satisfactory answer to this question. The General As- 
 senbly of If 60 reduced the Sta'e levy for school purposes one-tenth of a mill; 
 and the lesult is that the f^mount assessed last jtar was 824,621 60 less than 
 that of the foimer 5 ear. Again, tie nun her of }outh enumeiated in U60 ex- 
 ceeded the nxmber of the foimer }ear by 26.930. With an increased divis^or and 
 a dinini^hed cividend, it is as plain as aiiilmetic that the quotitnt, or amount 
 distributed to each enumerated yoi.th, must be diminished. 
 
 QuES. 137. — To acccm.modale the children in a certain sub-district, the trustees
 
 135 
 
 of the township were called upon to open a new township road. On the location 
 of said ro^d, some SCO or SlOO damages were assessed by the viewers in favor of 
 the parties through whose land the road was laid. The township board of educa- 
 tion directed their clerk to i^sue an order on the trai'-urer, to be paid out of the 
 funHs rai ed for building purposes. But when the trea urer went to make his 
 annual settlement with tbe audi'.or of the county, the auditor refused to allow the 
 order aforesaid as a charge fl^jainst the school house fund, on the irround that it 
 was properly chargeable to the township, and shoul 1 be paid from township funds. 
 Was the decision of the auditor accordinix to Uw ? 
 
 Ans. — In my opinion, there is no room for serious doubt that the decision of the 
 auditor is legally and tquittbly correct. Tlie school hiw makes no provision for 
 opening or making roads, or for any similar purpose. It provides for the purchase 
 of sites, the erection and repair of school- houses, the payment of teachers, and 
 other purposes directly and necessarily incidental to the maintenance of schools. 
 But the expense of making or repairing roads can not be included among legitimate 
 incidental expenses. The road spoken of should be paid for in 'he same manner 
 as though ii had bten opened without any reference to the school in question. 
 
 QuKS. 1 38 — The board of education in township consists of eight members, 
 
 exclusive of the township clerk. At a recent meeting there were present four 
 members and the clerk, making five in all. Was that a legal meeting for the 
 transaction of business ? 
 
 Ans. — Section 20 of the school law says that a maj'yrity of the members of the 
 board shall constitute a quorum for the transaction of business. The township 
 clerk is not entitled to a vote in the board, and is not a member thereof, except 
 for clerical purposes. As four members do not constitute a majority of eight, a 
 quorum was not present, and no business could be transacted. 
 
 QuES. 139 — Our town, previous to the passage of the Akron school law, was 
 divided into four school aistncts ; after the passage of that law, one district, 
 although we were an incorporated village, adopted that law. After the passage 
 of the act of 1849, the other three districts organized under that act; but the one 
 district under the Akron law refused to come in. Can any part of an incorporated 
 village organize itself into a school district under the Akron law ? 
 
 Ans. — Without hesitation I answer this question in the negative. See Ohio 
 School Laws, chap, iv., pp. 46 and 47. 
 
 QuES. 140. — The board of education in have appropriated S400 for build- 
 ing a school-house in one of the suo-districts. The paople in the neighborhood 
 propose to subscribe enough more to build a large house with an upper room for 
 a high school. Some object, on the groun 1 that the State fund and individual 
 donations can not be applied together for build ng purposes. Is this objection well 
 taken and valid ? 
 
 Ans. — I see no valid objection to building a school-house in the manner pro- 
 posed. Section 68 of the school law gives boards of education authority to receive 
 donations for the benefit of the schools under their charge. The house, when 
 completed, must be controlled by the board ol education. 
 
 QuES. 141. — An agent for the sale of Mitchell's outline maps visited town- 
 ship and called upon a majority of the members of tlie board of education, and 
 induced them to sign a blank contract for the purchase of ten sets of maps, at $12 
 per set. The conditions upon which these signatures were obtained was that the 
 agent should secure the names of all the members, and that a meetinij of the 
 board should be called for confirming the c ntract. But, without visiting all the 
 members, he filled out the blank, delivered the maps to the towhship clerk, pro- 
 cured from him an order on the treasurer of the township for Si 20, to be paid, 
 with interest, one year after date. The agent then sent to each member of the 
 board a printed notice to attend a meeting called by him for the purpose of con- 
 firming the contract. He then, taking with him the order upon the treasurer, left
 
 136 
 
 . the township. The board met at the time named in the call, and, after due con- 
 sultalion, voted not to confirm the contract. The clerk was instructed to inform 
 the agent that his maps were not wanttd, and his order would not be paid, inas- 
 much as it had been obtained by misrepresfntation. 
 
 1st. Have boards of education authority for purchasing maps or other apparatus, 
 and paying for them from public funds? 
 
 2d. When maps are purchased, to be paid for out of the funds to be raised the 
 
 following year, will the new board of education be under obligation to recognize 
 
 such purchase, and provide for payment in their estimates to the county auditor ? 
 
 3d. Is a contract, like the one named, binding, unless confirmed by a regular 
 
 meeting of the board ? 
 
 4th. Can the agent compel the treasurer to redeem the order mentioned ? 
 5lh. In case the order is not paid from school funds, are the members of the 
 board who signed the contract in blank, individually liable for the payment of the 
 amount ? 
 
 Ans. — Numerous statements and inquiries like the above have reached this 
 department from the northern and central portions of the State ; and I am led to 
 believe that very many transactions like the case mentioned have occurred. And 
 I wish, once for ail, to give my opinion upon the several points. 
 
 1st. I have no doubt that section 22 of the general school law authorizes the 
 p'Tchase of apparatus, to be paid for from the school funds. The language, "and 
 Jor any other school purjJose other than the payment o/ teachers" is abundantly suffi- 
 cient to include so necessary an auxiliary to instruction as a set of good outline 
 maps. 
 
 2d. I have no hesitation in giving an affirmative answer to this inquiry. 
 Boards of education are bodies corporate, and they cannot repudiate the just and 
 legitimate claims which have arisen by the action of their predecessors in ufiice. 
 
 3d. Most certainly not. It was not the hoard of education which a ted in the 
 matter, but a portion of its individual members, each acting separately. There is 
 nothing in the school law which warrants the transa tion of business in this man- 
 ner, fcecticn 12 provides for holding regular and special meetings, at which all 
 business must be transacted. A question similar to this has been adjudic-ited in 
 our courts, and it was decided that exact conformity to the l;iw in all such matters 
 is essential to validity. As well might a party draw up a verdict in an important 
 case, and visit the jurymen at their separate residences and obtain their signatures, 
 without the holding of a court, or the trial of the case. As well might a party 
 prepare a bill and vi^it the members of our Legislature at their homes and per- 
 suade them to subsciihe it, and then call it a legislative enactment. 
 
 4ih. He cannot. It is competent for the board of education to countermand 
 the order. 
 
 5th. It is my opinion that they are not. The agent well knew that these indi- 
 viduals had no idea oi incurring personal responsibility. He assured them that 
 the contract would be void unless appioved and confirmed at a legal meeting of 
 the board. 
 
 QufiS. 142. — The board of education in township employed a man to give 
 
 instruction in singing to all the schools in the township. He visited four schools 
 daily, spending three-fourths of an hour in each school. He held a legal certificate 
 of compttency for teaching the ordinary branches, vocal music included It is 
 now claimed by some that his employment for such a purpose was illegal ; and the 
 treasurer has been warned not to pay the amount due him ; though there is money 
 in the treasury applicable to the payment of teachers, sufficient to pay all orders 
 that may be drawn againtt it. 
 
 Was the action of the board in the employment of a music teacher le(;/al, and if 
 so, what course shall be pursued in the matter ?
 
 137 
 
 Ans — 1. Section 17 of the school law gives to hoards of education authority to 
 determine what studies shall be pursued in the schools under ibeir c-hnrge. Most 
 certainly, then, they an prescribe singing, or vocal music, as a branch of study. 
 Having the authori'y to clir^ct that singing shall be tdughl in the scho -Is, it is a 
 manifest inference that it becomes their du y to make the n* cessary provision for 
 imparling this instiuction When it is tidvis^ble to place this branch ot education 
 under the exclu ive charge of a teacher, it becomes the duty of the bo<rd to em- 
 ploy such teacher ; and his salary should be paid from the same fund fr m which 
 the other teachers in the township are paid When the boird of educa'ion directs 
 the clerk to draw an or Jer in favor of the teacher, it is my opinion that it is the 
 duty of the treasurer to pay the order, — that he has no option or disci eiioa in the 
 case, unl ss he is legally enjoined from paymg. 
 
 2. Cu-tom, in numerous cases througtiout the State, favors the vie'v of this 
 subject which I have already given There are very many boards wliich for years 
 have em,,lo>ed special teach' rs for giving instruction in sin^i!)g, penmanship, etc., 
 and thi ir authority for so doing I have never heard questioned. Tnere ar^ few, 
 if any, branches of education mcrr- desirable and important than vocal music, and 
 
 I earnestly wish that every board in the State would follow your example. 
 
 You ask the leff'jl course for your board to pursue. If pajm^nt has been en- 
 joined, of cour6e the treasurer can do noti ing till the injunctiou shall be dissolved. 
 
 II pa}m-nt has not been enj ined, and the treasurer reluses to discharge his duty, 
 he can be compelled thereto by a writ of mandamus. 
 
 QuES. 143. — In the event a teacher is dismissed during the term of his school 
 for gt)od or even sufficient cause, by the directors, and he recuver for the time he 
 has tauyht, or (or the whole time he contracted to teach, are the directors bound 
 to refuiid to the treasury the amount so received? 
 
 Aks.— The above question is answered in the negative. See supplemental sec- 
 tion 2, of the general school law, passed April 17, 1857. 
 
 QuEs. 144 — I he following questions have recently been addressed to this 
 offi'-e : 
 
 The school in are organized under the law for " schools in cities and towns," 
 
 passed February 21, 1849. The board established a rule that its president should 
 have no vote, except in case of a tie. 
 
 Is this rule in accordance with the statute ? 
 
 Ans — It is not. Section 4 of the act requires "that said directors, within ten 
 days afer iheir appointment, shall meet and organize by choosing trom their num- 
 ber a president," e;c. The president is not merely a presiding officer; he is an 
 elected member of the board. By accepting an office in the hoard, be forfeits no 
 right previously possessed. His case is like that of the Speaker of the House of 
 Represjentatives in our General Assembly. The House could not, lawfully, make 
 a rule prohibi ing him to vote. The board would do well to repeal the rule, 
 though the president is not bound by it in any case. 
 
 Scciiun lu of the school law declares that a majority of the members of the 
 board of education shall constitute a qi orum for the transaction of business. 
 
 QuEs. 145 — Should the township clerk, who is clerk of the board, be counted 
 in constitutmg a quorum? 
 
 Ans. — As the clerk is not entitled to vote, he is not, stridhj spealclvg, a member 
 of the bo>*rd of education, but raiher tiie clerk of the b lard It is, therefore, my 
 opinion that he should not be taken into account in deciding whether a quorum is 
 present. It is true that the first clause of the first sentence of the section makes 
 the township clerk a member of the board ; but the second clause so modifies the 
 first as to justify the opinion which I have given. Our township clerks are, doubt- 
 less, amoi g the most intelligent and competent members < f our board of education, 
 and I think it would be well if the law had entitled them to vote, t! us putting 
 them on an equality with the other members. But, as the law is, they aie like
 
 138 
 
 the clfrks of common councils in our cities. I would not, however, be understood 
 as sajJDg that these clerks may not take pnrt in the discussions which may arise 
 in the board. Whether the law entitles them to this privilege is a matter of some 
 doubt. Siill, it is both proper and important that boards should avail themselves 
 of the counsel which their clerks are competent to give. Furthermore, it is my 
 opinion that they are so far members of boards as to render it proper that they 
 be appointed acting managers of schools for the townships. 
 
 QuES 146 — If neither the township boards nor the local directors establish 
 rules and regulations for the government of schools, have teachers aright to make 
 such rules and regulations ? 
 
 Ans. — Most certainly. It is not only their right, but also their duty. A school 
 without any plan of government would be not only lawless, but useless. 
 
 QuKS 147. — The boards of education of G. and C. townships, upon the line of 
 which is situated the village of P., organized a joint sub district comprising said 
 village. Each township made its due appropriation for building a school house. 
 The Board of G township authorized the local directors to select a site and build 
 the house. Now, the centre of the sub-district is in C township, and a large pro- 
 portion of the inhabitants of the village are dissatisfied with the site selected. They 
 think that it should have been in C. township, which furnished 1,280 acres of the 
 joint sub-district, while G. furnished but 1,120. 
 
 What is the law applicable in this case ? 
 
 Aks — There is no law directing in which of two fractions the school house shall 
 be located Common sense and equity indicate that both boards of education 
 should unite in designating the site. Certainly either board, regardless of the 
 other, has no right to dictate in the case. Perhaps it would be well for the boards 
 to submit the question of location to the decision of the inhabitants in the joint 
 sub-district. It is my opinion that the number of acres in either fraction does not 
 necessarily aflfect this question. Other facts, such as population, the most suitable 
 ground, etc., should be taken into consideration. 
 
 QuEs. 148. — Has the county auditor power to refuse a township treasurer credit 
 in his settlement for orders which he (the auditor) may in his judgment think to 
 be illegally drawn on the school funds ? Is a county auditor justifiable in passing 
 orders on any of the school funds when they do not specify what the money was 
 used for ? For example, " Pay A. B. ten dollars out of the contingent fund. C. 
 D., Tp. Clerk." Such an order as the above does not say whether the ten dollars 
 was expended for wood, rent, or what. 
 
 Ans — The auditor of the county is the legal guardian of the school funds of 
 his county, and it is his duty to refuse to credit township treasurers for orders 
 which, in his judgment, have been illegally drawn on school funds. 
 
 He should also refuse to ii'ive credit for orders which do not specify for what the 
 money has been used. Such orders, however, may be corrected by the township 
 clerk, and then allowed by the auditor. 
 
 ^ QuES. 149. — The board of education in have established a rule which for- 
 bids the communicating of pupils during school hours, without special permission 
 from the teacher in charge. The penalty for infraction of this rule is as follows : 
 First offense, suspension from the school for one day ; second offense, suspens-ion 
 for one day ; third offense, suspension for two weeks. The legality of the pen -.Ity 
 being disputed by an aggrieved party, and doubted by some members of the board 
 of education, the opinion of the school commissioner is solicited upon the subject. 
 
 Ans. — It is my opinion that boards of education have legal authority to estab- 
 lish such a rule, and decree the specified penalty. Section 13 of the school law 
 makes it the duty of boards •' to prescribe rules and regulations fur the govern- 
 ment of all the common schools within their jurisdiction." Section 15 gives them 
 authority " to suspend from their schools any pupil found gudty of disorderly con- 
 duct, which suspension shall not extend beyond the current session of the school."
 
 ]39 
 
 I have answered the point upon whieh my opinion is solicited ; but I deem it 
 proper to avail myself of so appropriate an occasion for expressing my views in 
 regard to the necessjty, expediency and propriety of the action of the board in the 
 case under consideration. A transaction m^y be leijal, but inexpedient and unjust ; 
 and such, it seems to me, is the penalty prescribed for the offence stated. 1 fully 
 believe that " the communicating of pupils during school hours without special 
 permission from the teacher in charge," should be torbidden, and, by appropriate 
 means, prevented. But I do not believe that in all ordinary cases it is euher ne- 
 cessary or wise to suspend a pupil from school, as a penalty for this offense. I 
 admit that it is a very easy way for the teacher to administer discipline ; and if the 
 object of our schools is to promote the ease and indolence of their teachers, I 
 know of no better way for accomplishing this purpose. The same rule might be 
 made applicable to families, and the child which should three times disobey the 
 law of the household be suspended from home for two weeks. I do not believe 
 that such a practice, either in the family or the school, would prove reformatory of 
 character. 
 
 Among the numerous objections which might be urged against the practice of 
 repeated and extended suspensions from school, I will name the following : First. 
 It is productive of injury to the pupils suspended, and to their classmates. During 
 their absence of two weeks, they will not be likely to study the lessons of their 
 classes. They will be without instructors, and wh: n they return to their schools 
 they will find themselves far behind in their studies ; and thus they will prove 
 dead weights and hindrances to their classmates. Second. In many cases, this 
 penalty will be an inducement for committ ng the offense against which it is de- 
 signed to guard. There are in most of our schools boys who have an admiration 
 for vacations. They are not ail of them vicious and incorrigible ; but are much 
 more fond of play than of study. They would not commit what th-y esteem a 
 crime for the sake of a vacation, but when sixteen holidays are the promised reward 
 of what they esteem three venial offenses, the temptation is so strong that they 
 become its victims. And when penalty becomes an inducem nt to wrong-doing, 
 the \divr promotes the evil which it was designed io prevent. Third This rule and 
 its penalty may become an offense and a grief to parents. They wish their chil- 
 dren to be instructed in school, and are willing that they should receive all needed 
 and appropriate correction and punishment. But when they are required by law 
 to contribute to the support of schools, and when they contrive to spnre their chil- 
 dren from home in order that they may receive instruction, it is not strange that 
 they should object to rules which are liable to keep their young sons and daughters 
 away from school much of the time. 
 
 In conclusion, I have a word for teachers upon the subject under discussion. 
 There is for them a more excellent way for the correction and netdiul discipline of 
 the children who are committed to their care, than banishment from school. Wise 
 teachers, tLoughtlul, conscientious and earnest teachers, can and will invent meas- 
 ures for the maintenance of good order in school, without resorting to a style of 
 punishment which is in imminent danger of subjecting them to the charge of in- 
 dolence or cowardice. Let them bravely, yet with kmdness, meet the difSculties 
 incident to school government, let them care most of all for the present and future 
 welfare of their offending pupils, and let them exercise a great deal of practical 
 common sense, and they will seldom experience either the disposition or the neces- 
 sity of executing a penalty so objectionable as the one which I have considered. 
 
 I would not be understood as denying that there may be extreme cases in which 
 the infliction of this penalty may be the best thing that can be done. 
 
 QoES. 150. — In the latter clause of section 32, it is provided that village boards 
 of education and township boards of education m ly agree to transfer territory not 
 included in the village to or from the village, etc. 
 
 In section 35, i. is provided that •• all taxes for building, purchasing, repairing
 
 140 
 
 etc., sLall be equally fissessed on all the property subject to taxation in sucli city 
 or n7cofpo7ati(J li/lof/e," etc. Now suppose Uie two boards, village and township, 
 annex territoiy under s-ecliun 32, and the village board build a school- house in 
 the village, can the village board assess tax on the territory annexed, to pay for 
 its construction ? 
 
 Aks. — It is my opit ion that the village board can assess tax on the territory 
 annexed, to pay lor buildini( a school-houst- in the vilhige. You will ste in section 
 32 thai the territory annexed beconoes a part of tiie school district, as much so as 
 the \ilh)ge itself. So Jar as school matters are concerned, it is a part of the '• city 
 or incorporated village," and must therefore be subject to taxation for all school 
 purposes. Id any oiher view of the case, the annexed territory would enjoy an 
 exemption <r< m taxation unknown to any other property in the Slate, since the 
 township witliin which it is situated has no control over it in respect to schools. 
 
 It is m} opiiion that the failure to insert the words "territory annexed" in the 
 last sentence of st ction o5 was either an oversight in drafting the law, or that it 
 was thought to t)e uni ectssary, for the reason that said territory had alieady been, 
 in efiect, declaied to be, for school purposes, a part ot the city or village 
 
 QuES. 151. — Can a joint sub-district be Jormed of territory tituated in diflferent 
 counties ? 
 
 Aks. — Most cer'ainly. Section 16 of the school Jaw provides that, whenever it 
 may be desirr b!e to tstablish a school composed of parts of two or more townships, 
 the respective boards of education of the townships interested shall proceed to 
 organize the requisite joint sub-district. Inasmuch as the law dots not forbid the 
 formation oi i-uth sub-districts from fractions of diffeient fcdjuining counties, and 
 inasmuch as there is ouen a necessity for such joint sub-districts, obvioui^ly it was 
 the intention of the law that county lines should be no hindrance to £uch trans- 
 actions 
 
 QoEs 152. — In township, the board of education passed a resolution that 
 
 male teachets should be paid but twenty dollars a month, and lemale teachers ten 
 dollars a month. Competent tt-achers can not be procured at these ratts, and the 
 diiectois of some o( the sub-districts refuse to be bound by the resolution of the 
 boaid. They contend that the board has no right to dictate in the ma'ter, and are 
 employing teachers a' rates in advance of those named in the rtsolution. Does 
 the law conftr upon boards the right to limit the amount of wages which local 
 directors may pa} teachers? 
 
 Ans — Section 6 of the statute makes it the duty of the local directors "to em- 
 ploy teach^rs, and to certify the amount due them for services." This certainly 
 implies ihat the directors have the power to determine the amount which shall be 
 paid to the teachers ot the schools under their care. 
 
 But section 13 gives boards authority to "prescribe rules and regulations for 
 the government ol all the common schools uniier their jurisdiction." They are to 
 exercise gener^il supervisory care and direction of all the schools. If there shall 
 arise, in any case, a necestsity for the exercise oj a contiolling fower over local directors 
 in regard tn the expenditure (jjvnds, they have, in my opinion, a legal right t^o to do. 
 The practice should be thts : — Boards of education should pjovide lands for 
 keeping up schoois for at least six months during each year. Local directors 
 should employ compesent teachers, and pay such w;>ges as may be necessary to 
 secure such teachers. If they exercise due economy and discretion, they should 
 not be i: terfered with by the bo.rd. But if any of them make an extravagant 
 and wasteful use of the funds apportioned to their sub-districts, thus rendering it 
 impossible to sustain their schools for six months, it then becomes the duty of the 
 board to prescribe the requisite restrictions But they should never put the pay 
 for teachers so low as to make it impossible to insure good schools. The rates 
 named in the case presented are nigi,'ardly us a general rule, though they may be 
 fair in exceptional cases, it is not always right to pay uniform rates to the sev-
 
 141 
 
 eral teachers in a township. I admit that, as a gpneral truth, a scho")! containing 
 thirty pupi!s needs as good a teach^-r as one contaioing a greater number. Still, 
 in some instances it beconaes necessary to employ a more expensive teacher for 
 the larger schools. The wark to be done requires more tact, energy, activity and 
 physical er-darance; and it is proper and just that such a teaciier should receive 
 a higher compensation than one in a school which does not demand these qualifi- 
 cations to so great an extent. 
 
 As numerous inquiries are addressed to this office, which the following decidon 
 answers, I repablisti it in order to save the writing of numerous letters. 
 
 Martha HiU vs. 8ah- School- DUtrkt Xo. 12 of Euclid Township. Cuyahoga 
 Common Pleas, February term, 1860. 
 
 Opinion nr Judge Bishop. — The petition states that on *he 14th day of Febm- 
 ary, 1859, Adams and Russell, being two directors of defsr-ndant, for and in its 
 behalf made a contract with plaintiff to teach for defendant a school for lour 
 months, commencing on the first Monday of May, 1859, at 64 50 per week; that 
 on the first Monday of Miy, 1859, the plaintiff was ready and offered to teach as 
 she had agreed to do, but the then directors of defendant refused to let her teach, 
 and discharged her as such teacher, and she asks judgment f jr 872 for her wages 
 for said four months, she having lost her time during that period. 
 
 To this petition three defenses are interposed: 
 
 1. The contract was made with two of the directors of the defendant, not at any 
 regular meeting of the directors, but without the knowledge of the other director, 
 named Miner, who was clerk of the district, and no notice whatever was given to 
 said Vliner of the meeting of the directors at which it was resolved to employ said 
 plaintiff, nor did he have any knowledge of the contract, nor was any record made 
 thereof. 
 
 2. That the terra of office of said Adams as director was to expire by the 12:h 
 of April, 1859, and did so expire, and one Mcllrath was elected in his place, and 
 the old board had no right to employ a teacher to commence teaching at a time 
 which was only to begin in May following, and could not bind the new board by 
 their acts, thus in advance, as there was no emergency making it necessary for 
 them to act thus. 
 
 3. The third defense it is not material to consider. 
 The plaintiff demurs from these defenses. 
 
 The first question is, can two directors of the district, acting separately from the 
 o'.her, and without notice to him, bind the district by their acts. 
 
 The school law is very explicit. (Swan's Statutes, 836 ) Sec. 2 provides for 
 election of directors ; sec. 3 for an oath of office, and in case of vacancy in the 
 board, by dea'h or otherwise, the township clerk shall fill it ; see. 4 provides that 
 in case of a failure to hold an annual meeting to elect, a special meeting may be 
 called by three voters of the district ; sec. 5 provides that a meeting of the direct- 
 ors shall be called soon as practicable after the election and qualifi-aciou of the 
 directors, any two of whom shall be a quorum ; that one of their number shall be 
 elected clerk, who shall preside at all official meetings, and record their proceedings 
 ia a book ; that the directors shall meet as often as they may think necessary for 
 the transaction of business, and fill any vacancy in the office of clerk that may 
 ■occur, and in his absence one of the other directors may act as clerk temporarily 
 in his place; sec. 6 provides that the school directors shall take the management 
 of the local interests of the district, employ teachers, certify the amount due them 
 to the township clerk, etc. 
 
 Now, would it seem that the Legislature, ia being thus particular, meant some- 
 thing. What was it ?
 
 142 
 
 It has provided for the election of a full board, that that board shall be kept full, 
 that a clerk shall be appointed, that a record shall be kept, etc. In all this legis- 
 lation the law intended all business should be done at formal meetings, and the 
 proceedings recorded ; and although two may transact business, it must be at a 
 meetbig, and the only formality dispensed with is the attendance of one of the 
 directors. Every other requisition of the law is to be observed. 
 
 But in order to enable two directors to act in the absence of the other, they must 
 have notilied the other director of the meeting, either by personal notice of the 
 time and place of the meeting, or by leaving a written notice thereof at his resi- 
 dence. In transaction of business by all similar bodies such is the law, and there 
 is no reason why the traniaction of business by school directors should form an 
 exception. 
 
 Tiy this case by that rule, and what is the rtsult ? You have a contract made 
 at a wayside meeting. No notice to the other director. Miner, who was clerk; no 
 record mide of the engagement with plaintiff, and the whole kept secret until a 
 new and full board made a legal engagement with another teacher. 
 
 I do not think the law or public policy would tolerate such a transaction. I 
 thitjk the teacher is bound to know whether the trustees are acting according to 
 legal requirements or not. 
 
 If bhe is ignorant in fact, when two directors employ her, of their want of power, 
 it does not follow that she is remediless. She may have recourse against the 
 directors individually, who have employed her. 
 
 CIRCULA.R TO TEACHERS OF COMMON SCHOOLS. 
 
 Office of State School Commissioner, ) 
 Columbus, June 1, 1861. j 
 
 Section 18 of the general school law of the State is as follows: 
 
 *'Ic shall be the duty of the school-teacher to make out and file with the township 
 clerk, at the expiration of each term of the school, a full and complete report of 
 the whole number of scholars admitted to the school during such term, distinguish- 
 ing between male and female, the average attendance, the books used, the branches 
 taught, the number of pupils engaged in the study of each of said branches, and 
 sucb other staiibtics as he may be required to make by the township beard or local 
 dirtctors; and until such report shall have been certfied and hied by the said 
 teacher as aforesaid, it shall not be lawful for said board or local directors to pay 
 said teacher for his or her services." 
 
 From the begi ining of the operation of our school system, great difficulty has 
 been experi need in endeavors to gain full and reliable returns trom the counties. 
 The auditors, with justice, complain that boards of education do not furnish them 
 wiih the facts with which to make up their reports to this office. The boards ci;m- 
 plain that they are without the requisite data for making such reports as the law 
 requires. Where does this misctiief originate ? Let us stek the cause, and lay 
 the ax to the root of this tree, so fruitful of evil. It is a matter of great import- 
 ance, and I call to it the careful consideration of the teachers of the Scate. 
 
 Ail tlie reports which the law reqiires must begin with the teachers of our 
 schools. If they obey the demands of the section already quoted, there will be 
 little difficulty in securing all other n quisite statistics. Tiieir duties lie at the 
 foundation ol the whole plan of facts qnd figures ; and it the foundation i? not sure, 
 the entire superstructure will be uncertain. 
 
 it is the duty of teachers to understand what is required of them, before they 
 begin their schools. From the first day of their terms, they siiould carefully 
 register those facts from whicii their reports to the township clerks are to be pre-
 
 143 
 
 pared. It may be that some of them will find no registers provided for making 
 entries. Each school-room should be supplied with an appropriate book for this 
 purpose; such, for example, as that published by Samson & Beer, of Zduesville, 
 and a copy of which c^n be seen at the offices of all the county auditors in the 
 State. But if no better means can hi provided, each teacher can easily put 
 together a few sheets of p^per, and rule the same after the forms furnished in the 
 "Ohio School Laws," pp. 101, 2 and 3; twenty thousand copies of which have 
 been distributed through the State. 
 
 I ask all teachers to look upon this business as a duty bound upon them by 
 lawful authoiity. The moral sense of all teachers should teach them that it is 
 wrong and dishonorable to ask pay for their services till they have complied with 
 the requirt-ments of the law. 
 
 Again, I ask those teachers who hitherto have been delinquent in this matter, 
 to reflect on the mischief thus occasioned. The purpose of the system of leports 
 is defeated, and great interests are sacrificed to indifference and neglect. 
 
 May it not be hoped that they to whom this circular is addressed will resolve 
 that ia future there shall be no cause for complaint in regard to this subject? 
 
 CIRCULAR TO SCHOOL OFFICERS. 
 
 Office of State School Commissioner, ) 
 Columbus, Ohio, Sept. 1, 1861. \ 
 
 To-day a new school year begins. It seems to me proper that I should at this 
 time communicate freely to local school authorities my views and wishes in regard 
 to the administration of our school system during ihe coming school year. 
 
 So general an'i intense is the popular excitement in regard to the condition of 
 the country, that I have feared that the humble and ordinary duties pertaining to 
 the management of school interests might be neglected by boards of education and 
 other school officers. This need not be the case, and it is exceedingly detirable 
 that all salutary and conservative educational inflaences should have vigorous 
 operati m. The natural tendency of war in a country is to demoralize character. 
 However necessary and just the war may be, there will incidentally grow out of 
 it many corrupting and depraving influences. To check these evils, and maintait 
 social and moral elevation of character, our schools, as well as our churches, need 
 to put forth their best endeavors. Let this great war terminate as it m ly and 
 when it may, there is reason to fear that the scars which it will leave upon the 
 social and moral character of the people will be deformities which to wear away 
 will require many long years. But I am satisfied that, if parents, teachers, school 
 officers and religious societies will faithfully meet the demands which this crisis 
 lays upon them, very much may be accomplished to protect our children and youth 
 from the dangers lo which they are exposed. 
 
 To boards of education, I beg leave to suggest that all due efforts should be 
 made to render the schools of the State efficient and salutary. Except in a very 
 few cases, there will be no diminutioa of funds during the coming year. The 
 amount which you will receive as interest on lunds invested with ttie State, and 
 the amount to be derived from the State levy, will be, at least, quite equal to the 
 sum obtaiued from these sources during any former year. Unless your local levies 
 have been very greatly reduced, there can be no pecuniary necessity for a failure 
 to render your schools what necessity demands they should be. And if there 
 must be retrenchment at any point, it would be better to defer for a time the 
 building of new school houses, rather than greatly to abbreviate your schuol terms, 
 or to employ teachers who can be had at greatly reduced salaries. 
 
 I certamly do not wish to dictate to you, but most respectfully to suggest that
 
 144 
 
 you have it in your power to render your schools far more eflBcient and valuable 
 than some of them have been in former years. 
 
 To the teachers of our schools, I have a few thoughts to suggest. During the 
 past summer a considerable number of our teachers have enlisted in the army, 
 moved thereto by an earnest desire to serve their country. I honor the spirit 
 which they have evinced, arid I have no doubt that they will do honor both to 
 their present atd to their past professions ; but whether tbeir present employment 
 is more important and conducive to the highest interests of the country, I have 
 my doubts, since first rate soldiers for our armies are much more easily obtained 
 than first-rate teachers for our schools. 
 
 The office of teacher, always important, ?.t the present time is far more neces- 
 sary, and may be lar more useful, than at periods when the range of the instruc- 
 tion of children in schools is more limited than at present. Permit me to call your 
 special attention to an article in the June number of the Educational Monthly, upon 
 *'The War Excitement — What Use shall we make of it?" prepared by that 
 experienced and honored teacher, Dr. A. D. Lord; and also to his address before 
 the State Teachers' Association, found in the current number of the Monthly. I 
 deem his suggestions to teachers of the utmost importance ; and I trust that you 
 •will faiihfuli^y execute the duties indicated. Never had teachers a fairer and fuller 
 opportunity for servicg their country and their God than at the present time. May 
 you appreciate your high office, and be found equal to its demands. 
 
 I am happy to know that in most of the localities from which I have information 
 on the subject, there will be little or no diminution in teachers* salaries during the 
 coming year. But this rule will have its exceptions, and, upoji reflection, it has 
 seemed to me that there may be many cases in which teachers should be willing 
 that their salaries be reduced. Where their salaries heretofore have been liberal, 
 and where business sufTers in consequence of the war, it is not unreasonable to 
 ask teachers to share with others a common misfortune. Most of the merchants 
 and mechanics in the State will be obliged to live upon half the income of former 
 years. Many laboring men will be thrown out of remunerative employment. This 
 state of things will be found to operate most seriously in villages and cities, where 
 teachers formerly have received the highest compensation for their services. In 
 such cases it will be no hard ard unjust treatment if salaries are reduced. 
 
 CouEty auditors, boards of education, county school examiners and principals 
 of teachers' institutes are hereby reminded of the importance of pr< mptness in the 
 preparation and transmission of their annual reports, the blanks for which were 
 forwarded from this office early in August. 
 
 I trust that ail auditors will see to it that the blanks for boards of education be 
 forwarded without delay. Several townships last year came near losing their 
 school lunds by failure to make the reports which the law requires; and in regard 
 to several of them, I at last learned that blanks were not sent them by the auditor 
 of their county. 
 
 Boards of education will find the blanks for their use so exceedingly simple that 
 they can have no difficulty in filling them out. They should remember that their 
 reports are due at the offices of the auditors of their respective counties as early 
 as the first day of October. Eighteen townships would last year have failed to 
 share in the school funds of the State, on account of neglect to make reports, had 
 not the General Assembly passed a special act for their relief. 
 
 N. B. — Auditors are particularly requested to see that their reports are carefully 
 footed before sending them to this office.
 
 145 
 
 CIRCULA.R TO LOCA.L DIRECTORS. 
 
 Office of State School Commissioser, ) 
 Columbus, October 1, 1861. J 
 
 In this circular, I wish to address the boards of local directors throughout the 
 State. 
 
 The office of local director is esteemed by many as very humble, and there are 
 not a few of our citizens who look upon it as unworthy of their acceptance. The 
 territory over which each board exercises authority is exceedingly limited, fre- 
 quently embra'sing not more than the tenth part of a losvnsliip. Such boards have 
 no corporate powers, and, practically, they are little more than temporary legal 
 committees in sub districts. The law p-ovides no paym-^nt for their services, and 
 in many cases the remuneration of thanks, even, is withholden from them. 
 
 But humble an! profitless to the h Ider as this office mny be, it is, nevertheless, 
 one of unspeakable importance ; one in which the present and prospective interests 
 of the State are mo>t seriously involved, and one which demmds a good degree 
 of business capacity and the most conscientious fidelity. The forty thousand local 
 directors in Ohio have the employment of all the teachers, and th^ direct care and 
 supervision of all the schools of the S ate that are organized under our general 
 school law. If faithful to the trust committed to their char^^e, our schools will 
 rarely fail to work out results most beneficial to individuals, and to every public 
 interest. The two million dollars expended in the payment of teachers' salaries 
 will prove a wise anl profitable investment. But if our locil directors do not ap- 
 preciate their office anil wisely perform their duties, in vain will it be that the people 
 pay this vast amount for the support of schools, and vain will be ail the expecta- 
 tions which have been centered in our school system. 
 
 These consideraiions le^d me to offer words of respectful counsel to those whom 
 I now address : 
 
 1. You should employ no teachers who have not, at the time of their employ ment, 
 legal certificates o/ the required quihJicationH. The disregard of the requirement 
 of the statute in this particular, has been the cause of numerous difficulties and 
 of great damage to school interests. Section 45 of the law is definite and de- 
 cided on the suDJect, and I know of no sufficient reasons for violating this neces- 
 sary and jus: rule. The first question which you should put to ap;>licants for 
 positions in your schools is. Hive you a legal certificate of qualifications ? If in any 
 case a negative answer shall be given to this inqury, the applicant should be sum- 
 marily rejected ; for if he is so ignorant as not to know that it is improper for 
 him to apply for employment before he can furnish you the required evidence of 
 his worthmess of your confidence, he is not fit for the position which he seeks. It 
 is high lime that this kind of ignorance should be no longer wink^td at. But if 
 the applicant knows that you are forbidden to employ one who has not at the time 
 a legal certificate, he virtually solicits you to commit the crime of perjury, since 
 he is aware that you have taken a solemn oath not to do that which he would 
 tempt you to do. In many instances teachars have been employed, and have 
 taught for weeks, previous to their examination ; and when the day of trial came, 
 have failed to receive certificates ; or have, by indulgent exammers, been suflfered 
 to pass, simply because trouble would thus be avoided, and not because they 
 were qualified to teach. It should be remembered by all parlies concerneJ that 
 township clerks have no legal right to draw orders, in payment of teachers, for 
 time not covered by certificates of qualifications, granted by lawful exammers. 
 
 2. When teachers are employed, written contracts should be entered into between 
 the ccntracting parties. A convenient form of agreement may be found on page 64 
 of the presfnt edition of school laws. By this course misunderstindiug and 
 litigations will be avoided. Hundreds of letters have come to this office, asking 
 advice in cases of difficulty which have arisen from diverse interpretations of 
 
 10
 
 146 
 
 unwritten agreements between directors and teachers. If teachers are hired by 
 the month, the number of dajs to be included in one month should be specified. 
 
 3. It should never be forgotten that teachers should be employed only by the 
 action of all the local directors. That is, all the members should be notified of 
 meetings to be held for the purpose of employing teachers, and the action had 
 should be duly recorded. If two of the directors happen to meet, they have no 
 right to transact official business. A mere way-side meeting is not what the law 
 contemplates, or allows. See the opinion of Judge Bishop, in the Cuyahoga 
 Common Pleas, February term, 1860, published in the June number of the Ohio 
 Educational Monthly for that year. 
 
 4. Within a few weeks, teachers will be employed for nearly all the sub-dis- 
 trict schools in the state. I suggest that, in all practicable cases, the same teacher 
 be employed for both the winter and the summer school. I am aware ibat there are 
 sub-districts in which this course can not be pursued. But the advantages of a 
 permanent teacher are so many and great that I am exceedingly desirous that the 
 popular practice of frequent changes should cease, in all possible cases. These 
 advantages are so apparent to all who reflect upon the subject as to need no defi- 
 nite statement. It is a practice in some portions of the state to employ men, ex- 
 clusively, to teach the winter schools, and women the summer schools. There 
 may be instances in which this course is proper and necessary ; but, as a general 
 rule, it is neither proper nor necessary. 
 
 6. Please remember that the best qualified teachers are, in the end, the cheapest, 
 and that incompetent teachers always cost more than they are worth. The iQ'Vi addi- 
 tional dollars per month, requisite to secure the services of a thoroughly qualified 
 instructor of your children, are most profitably invested. 
 
 CIRCULAR TO TOWNSHIP CLERKS. 
 
 Office of State School Commissioner, ) 
 Columbus, Ohio, April 1, 1862. j" 
 
 ©uring the present month, all our Township Boards of Education will be reor- 
 ganized. To a greater or less extent they will be composed of new members, 
 who will need carefully to inform themselves in regard to their official duties. 
 This is particularly true of the township clerks, as the school law renders theirs 
 far the most important of all our township offices An experience of five years 
 in the superintendence of the schools of the State, has led me to believe that 
 many of the township clerks enter the office with very limited ideas of the duties 
 they will be called to discharge. It is also evident that not a few of them have 
 been deficient in business qualifications ; consequently our school interests have 
 suffered damage. There are many townships which would, through the negli- 
 crence of their clerks, have lost or forf ited their schoo, funds, during the past 
 year, but for my oversight and intervention. And fcr these reasons I deem it 
 proper to address these officers at this time, when many of them are just assum- 
 
 iDSf their untried duties. 
 
 Section 10 of the school law says : 
 
 " That the township board of education shall consist of the township clerk, and 
 of the local director from each sub-district of the township, who has been ap- 
 pointed clerk in his sub-district, a mHJori.y of whom shall constitute •< quoram 
 for the transaction of business ; and the clerk of the township shall be clerk of 
 the board, but t^hall not be entitled to a vote. It shall be the duty of said clerk 
 to be present at the meetings o^ the board, and to recoid in a bi-ok, to be pro- 
 vided for the purpose, all their official proceedings, which shall be a public record, 
 open to tlie ins-pection of any person interested therein ; and all such proceedings, 
 when so recorded, shall be signed by the chairman and clerk."
 
 147 
 
 Let me Fuprgpst that thepe records should be kept in a neat and business like man- 
 ner ; and that the book used for this purpose sliould be appropriate in size and style. 
 
 But the most imp Ttant duy which tbe clerks of boards of education have to 
 perf rm, relates to the preparation of the annual reports, which are to be rendered 
 to the au-Jitors of their respective counties. 
 
 Section 9 of the law says that — 
 
 " It shall be the duty of the directors in each sub-district to take, or cause to 
 be taken, annually, between the first and third Monday of September, an • nume- 
 ration of all the unmarried white and colored youth, noting them separaiely, be- 
 tween the ages of five and twenty-one years, resident wiihin such sub-district, 
 and not temporarily there, designating between male and female, aad reurn a 
 certified copy thereof to the township clerk ; and in case the directors in any 
 sub-district shall fail to take and return the enumeration aforesaid, it .shall be the 
 duty of the township clerk to employ a competent person to take the same, at)d 
 allow him a reasonable compensation for his services ; and shall procred to re- 
 over the amount so paid for such services in a civ.l action before any court hav- 
 ing jurisdiction, in the name of the stale of Ohij, against said directors in their 
 individual capacity ; and in such suits said clerk shall be a competent witness ; 
 and the money so collected shall he applied to the use of common schools io the 
 proper township. The township clerk shall make an abstract of the enumera'ion 
 BO returned to him designating the number of youth in each sub-district, and 
 transmit such abstract duly certified, to tht county auditor, on or before the first 
 day of October " 
 
 S."Ction 19 says that — 
 
 " The board of education in each township shall prepare, or cause to be prepared, 
 and forwarded to the county auditor, on or before the first day of October, a state- 
 ment exhibiting the number of children in tbe township, between the ages of five 
 and twenty one years, distinguishing between male and female ; the number of 
 schools, specif}ing the ditlerent grades ; the number of teachers, male and female ; 
 the number of children, male and female, who have attended school during the 
 past year ; the average attendance ; the length of the terms of schools ; com.- 
 pens ition of teachers, male and female ;" etc. 
 
 For the preparation of this report, the boards will depend upon the clerks. 
 Many of our county auditors have complained that the reports which they receive 
 from townships are so defective and poorly prepared as to be nearly worthless. 
 Now, there can be no sufficient excuse for tiiis delinquency. The blanks which 
 aie to be fillt-d are as simple as possible ; and any one who can write, and per- 
 form the simplest examples in arithmetic, will find no trouble in making the report 
 which the law requires, lirovidtd he is in possesbian of the requisite data. This every 
 clerk has in his hands, unless he has disregarded the requirements of the statute. 
 
 »S ction 18 says that — 
 
 •' It .'^hall be the duty of the school-teacher to make out and file with the town- 
 ship cl-^rk, at the expirati in of each teim of the school, a full and complete report 
 of the whole number of scholars adniiited to the school during such term, distin- 
 guishing between male and female, the average attendance, the books used, the 
 branches taught, the number of pupils engaged in the study of each of said 
 branches, and such other statistics as he may be required to make by the town- 
 ship hoard or local directors; and until such report shall have been certified and 
 filed by the said teacher as aforesaid, it shall not be lawful for said board or local 
 directors to pay said teacher for his or her services." 
 
 Let the clerk refuse to drtw an order for the payment of teachers ti'l their 
 repo/t has been furnished, and he will at all times have at hand m^ilerials for the 
 rep rt which sectiun 19 requires. Should local direct .rs. thr-.-ugh ignorance or 
 carelessness, certify teachers' bills, still the clerk sh<iuld reluse to draw an order 
 on the treasurer till the proper report has been filed wiih him.
 
 148 
 
 The liability of clerks is set forth in section 25 of the statute, -which is as follows : 
 ♦'The clerk of the board of education, cr any one or more of the board desig- 
 nated for that purpose, or the acting manager of schools of the towtship may .10 
 and perform all such duties and services connected with the interests of schools as 
 the board may direct, and report the same to the board for their action and ap- 
 proval ; and it shall be the duty of the clerk of the board to keep a full record 
 thereof, in connection with the records of the other ofiBcial proceedings of the 
 board ; and in cate of failure to teep such record, or other records required by 
 this act, the clerk of the board shall be liable in a civil action for all loss or dam- 
 ages that may ensue to any person or persons, or to the school district, in the 
 name of such person or persons, or board of school directors, as the case n av be, 
 and shall, moreover, be liable, on complaint filed in the name of the State of Ohio, 
 before any justice of the peace, or other court having jurisdiction, to a tine not 
 exceeding one hundred do'lars, which, when collected, shall be paid over to the 
 treasurer of the proper township, for the benefit of schools " 
 
 1 al.'O refer c'erks to section 23, in which they will find further instruction in 
 regard to their duties. 
 
 Shi'uld the reports to which attention has bf en cal'ed, not be rendered as re- 
 quired, there will ensue to the townships a forfeiture of all school funds. 
 Section 67, in its conclus-ion, says : 
 
 «'Nor shall it be lawful for any county treasurer to pay over any poition of the 
 school fund to any lojal treasurer, board of education, or other school officers, of 
 any city, township, or village, organized as to schools either under a general or 
 a special law, except on the order of the auditor of the proper county ; and no 
 such order shall be drawn by the county auditor, unless the local treasurer, clerk, 
 recorder, or secretary of such board, or other school officer, shall first deposit with 
 said auditor, annually, an abstract of the enumeration of scholars and other statis- 
 tics relative to the schools under their charge, as required by this act, of teachers, 
 local directors, and boards of education in townships " 
 
 L§t me say to the gentlemen whom I address, that I am exceedingly anxious 
 that the reports for the current year should be complete ; nd reliable. Every clerk 
 should be sure to have his report io the hands of the county auditor as early as 
 the first day of October. 'I he necessary b'anks will be sent to all the auditors in 
 Augu.'-t; and if any clerk sh^ll fail to receive a copy in due time, let him call or 
 send lor one. 
 
 The foreg' ing instructions are applicable to the clerks or recorders of cities and 
 incorporated villages. See section 34. 
 
 SPECIAL NOTICE TO AUDITORS OF COUNTIES. 
 
 Py my circular to clerks of townships, you have learned that I am particularly 
 anxious that all school reports should this year be rendered with prompiness. For 
 this 1 have the best of reasons, which need not be specified. Permit me to n quest 
 that "SOU urge upon boards of education in your respective counties the importance 
 of strict obedience to the requirements of the law in this regard. There can be 
 no good reason for the iailure of a single district to render its report at the speci- 
 fied time. 
 
 N. B — Please make up your reports to this department as early as the time 
 fixed hy the statute — the fitih day ol ^'ovember. A later day will be too late, 
 since it will be impossible for me to delay the completion of my report, however 
 many counties rray be delinquent. Jii/y report which shall not reach this office as 
 early as the eighth day <f Noventher^ will be too late/or use. 
 
 ANSON SMYTH, 
 . ' Slate School Commit sic tier.
 
 INDEX. 
 
 CHAPTER I. 
 
 GENERAL SCHOOL ACT. 
 
 FACI 
 
 ABSEN'CE of clerk of local directors, his place to be filled 6 
 
 of cle k of board of education 9 
 
 ABSTRACT of enumeration to be returned to cour ty auditor 7 
 
 01 scliool statistics t) be retumed to state commissioiier 1° 
 
 ACTING MANAGER of schools, board may appoint 3 
 
 ACTS, certain, not repealed » 24 
 
 in force, how affected 24 
 
 repealed 25 
 
 ANNUAL ESTIMATES, to be made by board H 
 
 APPARA rUS, state commissioner to purchase 22 
 
 provisions relalijg to 22, '23 
 
 APPOINTMENT of local directors to fill vacancy . 6 
 
 of clerk of sub-districl ^ 
 
 ot librarian 10, 23 
 
 of examiners 13 
 
 APPORTIONMENT OF SCHOOL FUNDS H 
 
 ASSIGNMENT OF SCHOLARS, board may make 9 
 
 AUDITOR OF COUNTY, to assess estimates on taxable property 12 
 
 duty as to tax on s-ub district 12 
 
 duty as to certificate of treasurer's bond ^ 5 
 
 duty as to settlement with township treasurer 15 
 
 ■when to prosecute township treasurer 1^ 
 
 to apporuioa fuudd in ccuuty 1 ' 
 
 his r.-turn to state commissioner ^^ 
 
 penalty for failing to report 19 
 
 compensation 19 
 
 liability 19 
 
 to report to commissionir when required 21 
 
 to distribute books and apparatus 22 
 
 to assess for judgments against board 23 
 
 AUDITOR OF STATE, to apportion school funds 17 
 
 BOARD OF EDUCATION, to control and manage districts 5 
 
 no jurisdiction in certain ciues and vihages 5 
 
 in cities and villages. (See Board of Eiucalion in Cities and Villages.) 
 
 to preset ibe ruies for local directors 7 
 
 when consent to certain contracts necessary 7 
 
 responsible for performance of certain conlraots 7 
 
 of whom to consist 8 
 
 naBJon ty a qeoinim ^ 
 
 tov* tiship clerk - hall be clerk of 8 
 
 body politic and co -porate 8 
 
 invested with title, > aiv, <tc., of school- houses and property B 
 
 may se.l school property 8 
 
 how conveyance executed B
 
 150 
 
 BOARD OF EDUGLTlOlf-Chntinued. r*a; 
 
 sessions • q 
 
 control of central or high schools q 
 
 ■when to act as local directors H 
 
 to prescribe rules, &c., for schools „ 
 
 may establish German schools „ 
 
 may appoint an acting manager . „ 
 
 to prepare map of townsnip q 
 
 may alter sub districts q 
 
 may assign scholurs to primary schools • „ 
 
 to contr. 1 ad misc ion to h gh schools „ 
 
 may suspend disorderly scho ars • .. 
 
 may establish echoo s composed of parts of several townships '■ 
 
 duty of board in such cases 
 
 to determine siuiiies and books * y„ 
 
 to appoint librarian ' . (» 
 
 required to report .. 
 
 to establish or modify graded schools ■ . 
 
 power to tstiblish central or high schools . . 
 
 how to proceed in such cisf s .... . . 
 
 t« make annual estimate of expenditures „ 
 
 ■when to tax sub-di#trict with cost of school-house, &c . 
 
 to provide for six mon.hs' school in each sub-district 
 
 civision of duties .. 
 
 to settle with township treasurer ^ ., 
 
 to establish schools for c- lored children „. 
 
 to report to slate comm ssioner when required ^., 
 
 accountable for boobs and apparatus > isiributed _• „.. 
 
 judgments against for debts, to be assessed by county auditor ~' 
 
 muy hold real estate, &c ; „- 
 
 of village and township may unite in establishing central or high school ^ 
 
 may condemn sch ol-house siies „„ 
 
 to leceive no compensation for services 
 
 BOARD OF EDUCATION IN CITIES AND VILLAGES ^ 
 
 power and duties same as townphio board „ 
 
 to divide city or vill.ge ii to sub- districts ~ 
 
 to eject one of th ir number clerk _ 
 
 furthet powen of ,- 
 
 may establish evening schools qq 
 
 to lec ive no compensation 
 
 BOARD OF EXAMINERS. (See Examiners.) 
 
 BOJNDcf librarian }J 
 
 ol township treasurer , 
 
 certificate of amouLt of, to be furnished to county auditor ** 
 
 of city or village treasurer ^n 
 
 ot stale commiss.oner • 
 
 BOOKS, provisions relating to 10, 22, 23 
 
 OENTR A.L SCHOOL, power of board over ^ 
 
 board to control admission to "J 
 
 board may establish J J 
 
 how established ^.1 
 
 townchip and village boards may unite in establishing ^' 
 
 in such cases, how established and controlled. '^' 
 
 CERTIFICATE of aaount due teacher ^ 
 
 that township treasurer has executed his bond |^ 
 
 of auditor to township treasurer |^ 
 
 of city tr asurer's bond J ' 
 
 teacher's, to be granted by examiners |^ 
 
 teacher's, may be revoked ^ " 
 
 CHAIRMAN of sub di-trict meeting to sign minutes • ° 
 
 of board of educatiou to sign procee<Jings " 
 
 ol board to preside at meeting relating to high schools '. . .. . 11 
 
 CITIES, wiien not to be controlled by board of directors ^ 
 
 schools in 16, 17, 24
 
 151 
 
 CLERK. (Sep. Secretary of Sub-District Meeting) pagi 
 
 of 8ubdi?triet to lecurd proceedings of meeting ...... 6 
 
 of sub district to certify to oltrk names of local direct^re elected 6 
 
 of township. (See Tow ship Clerk ) 
 
 of Bub district, who shall be 6 
 
 his power and duties .... " 
 
 if absent, who to officiate " 
 
 of board of education. (See Township Cle-k.) 
 
 of boird in city or village, his duties, Ac 16 
 
 of city or village to furnish audiior certificate of treasurei's bond 1' 
 
 of boird of examiners 20 
 
 COLORED YOUTH, enumeration of, when and how taken 7 
 
 schools for *• 
 
 COMMISSIONER. (See State Commissioner.) 
 
 COMPENSATION of county auditors for making returns 19 
 
 board of education to receive noae '•a 
 
 penalty in case board violate act relative to 29 
 
 fines under this act to be paid into township treasury 29 
 
 CONTRACTS, how made ^ 
 
 CON VEY AN CE of school property, real estate, how to be made 8 
 
 DEBTS of district, to be provided for 23 
 
 DIRECTORS. (See Local Directors.) 
 
 DISBURSEMENT of school funds 13 
 
 DISMISSAL of teacher 7 
 
 in case of, teacher can sue sub- district for what may be due 27 
 
 DISORDERLY SCHOLARS may be suspended 9 
 
 DISTRICTS, how composed 5 
 
 ELECTION of local directors 5 
 
 of local directors, when special meeting shall be held for 6 
 
 of state commissioner 20 
 
 ENUMERATION of youth, when and how taken. 7 
 
 abstract to be returned to auditor 7 
 
 of youth lesiding in different survejs, how noted 7 
 
 ESTIMATES, annual, certificate of 12 
 
 EVENING SCHOOLS, provision relating to 17 
 
 EXAMINERS, their appointment 19 
 
 t>-rm of office 19 
 
 powers and duties lO 
 
 notice of meetings of 19 
 
 certificate to teachers - 19 
 
 may revoke the same 19 
 
 clerk of 20 
 
 rules, &c., of 20 
 
 EXECUTION, what property exempt from 19 
 
 FEES of examiners 20 
 
 FIN E for violating act allowing board no compensation 29 
 
 FUEL, contracts relating to 7 
 
 FUNDS, school, how distributed 13 
 
 supervision of state commissioner over 21 
 
 state ... 23 
 
 GERMAN SCHOOLS, board may establish 9 
 
 GRADED SCHOOLS, board may establish or modify II 
 
 HIGH S'JHOOL, power of i oard over 9 
 
 board to control a Imission to 9 
 
 board may e.stublish 11 
 
 how established 11 
 
 villag>: and township boards rnny unite in establishing 27 
 
 in such cases, how established and controlled 27
 
 152 
 
 PAGE 
 
 INTEREST on section sixteen, how to be paid and apportioned IB 
 
 JUDGMENT against school board, how to be paid 23 
 
 LAWS, school, state commissioner to distribute ■> 21 
 
 LIBRARIAN, school, how oppointed. - 10,23 
 
 state, secretary to commissioner (in (ffect r(pealed) 20 
 
 LIBRARY, school. (See School Libraries.) 
 
 LOCAL DIRECTORS, sub districts confided to their management 5 
 
 no jurisdiction over certain cities and villages ^ 
 
 when, where and how elected ^ 
 
 term of (jffice ^ 
 
 may designate hour of annual election " 
 
 in sucli case to give notice " 
 
 ofiiaial oath • • ^ 
 
 authorized to administer oath to each other " 
 
 vacancy in, how filled " 
 
 elected at special meeting, terms of " 
 
 where, when and how to meet and organize 6 
 
 may meet when necessary " 
 
 to take charge of interest of sub district ' 
 
 to employ teachers ^ 
 
 to certify amounts due teachers ' 
 
 may dismiss teacner • ^ 
 
 to visit schools ■ •• ^ 
 
 to make contracts concerning school property, <5ic., under certain restrictions ' 
 
 to take enumeration ^ 
 
 when board of education to act as such f 
 
 duties as to libraries 22, 23 
 
 MAP OF TOWNSHIP, board of education to prepare 9 
 
 MEETING of local directors |> 
 
 of local directors, clerk to preside at ^ 
 
 for election of directors, when special one may be called " 
 
 MINUTES of sub-district meeting 6 
 
 of sub-district meeting to be delivered to directors ^ 
 
 of board of education " 
 
 NOTICE of spccifi'' hour of holding election for directors 6 
 
 of sfiecial meeting to elect directors " 
 
 of meeiing relative to high school 1* 
 
 of meeting of board of exam ners *" 
 
 OATH of d ireetors ^ 
 
 of state commissioner "^0 
 
 OFFICE of state commissioner shall be at seat of government 20 
 
 OFFICERS school, process against 23 
 
 duty of prosecuting attorney in Fuch cases • • • • '^'* 
 
 PROBATE .lUDGE to appoint school examiners 19 
 
 PROCESS against school officers 23 
 
 PROSECUTING ATTORNEY, his duty 24 
 
 QUORUM, local directors, two constitute s , ^ 
 
 board of education, majority constitutes • ° 
 
 RECEIPT of township treasurer 1^ 
 
 RECORDER of city or villoge, to certify treasurer's bond to ccunty auditor 17 
 
 to report to commissioner when requirea -^1 
 
 REPORT, to auditor, of enumeration ^ 
 
 teacher required to make 1J| 
 
 of board of education 1^ 
 
 of county auditor • • ' ^ 
 
 annual, ol state commissioner, what it shall contain, etc 2i 
 
 RULES AN D REGULATIONS, board of education to prescribe • . 9 
 
 of board of fexamineia 20
 
 155 
 
 PAGE. 
 
 SALARY of state commissioner '~"2 
 
 SCHOL \RS, assignment of 9 
 
 disorderly, may be suspended 'J 
 
 may be transferred to another township I'J 
 
 SCHOOL -i to be visited by local directors. 7 
 
 to be established in each sub-district '■) 
 
 to be continued six months 14 
 
 for colored chilJrea 15 
 
 in cilies and villages 1 (> 
 
 evenini^, piovision relatmg to 17 
 
 governed under other laws may accept this act 24 
 
 SCHOOL DISTRIC '' S, regarded as eub districts 5 
 
 what cities and villages are IG 
 
 SCHOOL EXAMINERS. (See Examintrs.) 
 
 SCHOOL FUNDS, to be paid out on order of cl.rk 13 
 
 provisions relating to 13 
 
 apportionment of 17 
 
 state commisbioner's supervision over 21 
 
 SCHOOL HOUSE, local cirectors to contract for 7 
 
 board ot education may sell B 
 
 penalty for disfiguring or defacing 28 
 
 SCHOOL LAWS, state commissioner to distribute 21 
 
 SCHOOL LIBRARIES, ac; repealing tax for. {^ee Note at bottom of page ) 22 
 
 distribution of books and apparatus 22 
 
 librarian of 23 
 
 who accountable for preservation of 23 
 
 who entitled to use of 23 
 
 SCHOOL OFFICERS, process against 23 
 
 . duty of prosecuting attorney in such cases 24 
 
 SECRETARY of sub-district meeting to prepare and sign minuies 6 
 
 to state commissioner 20 
 
 SECTION SIXTEEN, provision relating to IB 
 
 interest thereon 1 ^ 
 
 SETTLEMENT of board of education with township treasurer 14 
 
 of county auditor with township treasurer 15 
 
 SITES, school house, local directors to contract for 7 
 
 Doard of education may sell 8 
 
 exempt from execution 19 
 
 may be condemned 28 
 
 SPECIAL MEETING to be called to elect directors 6 
 
 STATE COMMISSIONER, bis election 20 
 
 term of i fiice 20 
 
 vacancy, how filled 20 
 
 bond 20 
 
 oath 20 
 
 office to be at seat f government 20 
 
 his secretary 20 
 
 duties in visiting each judicial district 21 
 
 duties in purchll^ing books and apparatus 21 
 
 supervision over school funds .... 21 
 
 may require reports of certain officers 21 
 
 to prepare forms .... 21 
 
 to distribute school liws 21 
 
 to make annual report 21 
 
 what report shall contain 21 
 
 his saliiry 22 
 
 to purchase apparatus and books 22 
 
 STATE LIBRARIAN, secretary to state commissioner {in t^^ftct repealed) 20 
 
 STATIONERY OF EXAMINERS, county auditors to furnish 20
 
 15i 
 
 PAGE. 
 
 STUDIES to be determined by board of education 10 
 
 SUB DISTRICT, what is 5 
 
 meeting in, to elect directors • 5 
 
 where, when and how held 5 
 
 who may vote thereat 5 
 
 how term of office deternined 5 
 
 when to be determined by lot 5 
 
 minutes to be signed 6 
 
 if meeting not held at time prescribed, to be held afterwards 6 
 
 when to contain not less than sixty scholars 9 
 
 schools to be established in each 9 
 
 when to be taxed with cost of school-house <fec 12 
 
 deb 8 in, to be provided for 23 
 
 joint, not to be dissolved without mutual consent 27 
 
 may be sued by teacher 27 
 
 TAXES, provisions relating to 11, 12, 13, 22, 23 
 
 TE A.CHER, to be employed by local director 7 
 
 can be dismissed 7 
 
 required to report 10 
 
 not to hs paid unless report is made 10 
 
 how paid 13 
 
 cerlitiuate of, to be granted by examiners ■ 19 
 
 certificate of, may be revoked 19 
 
 in such case entitled to pay t ) time of dismissal 20 
 
 may sue sub district 27 
 
 TOWNSHIP, organized, compose one district 5 
 
 map of, to be prepared by buard of education 9 
 
 division of, for educational purposes 10 
 
 TOWNSHIP BOARD, {^ea Board oj Education.^ 
 
 TOWNSHIP CLERK, namf s of local airectors shall be certified to 6 
 
 lo till vacancy in local directors 6 
 
 to draw order on trtr-asury in favor of teacher 7 
 
 to have enumeration taken in a certain event > 7 
 
 to transmit to county auditor abstract of enumeration 7 
 
 member of board ot education 8 
 
 shall be clerk of said buard of education 8 
 
 his duties as such clerk 8 
 
 if absent, one to be appointed 9 
 
 shall ac . as clerk at meeting relating to high school 11 
 
 lianiiity for neglect of duty 14 
 
 whtn to prosfcute treasurer on his bond 14 
 
 to make certificate of sujh bond 15 
 
 to report lo state commi-eioner when required 21 
 
 TOWNSHIP TREASURER, funds to be paid to 12 
 
 board of education to settle with 14 
 
 du ies 14 
 
 bond 14 
 
 to be prosecuted by clerk on forfeirure of bond 14 
 
 to furnish county auditor certificate of amount of bond 15 
 
 his per centage 15 
 
 to set le with auditor 15 
 
 to deliver books, papers, etc., at end of his term 15 
 
 receive one dollar for making annual settlement 15 
 
 penalty against 15 
 
 to report, to state commissioner when required 21 
 
 TREASURER OF CITY OR VILLAGE to receive and disburse school funds 17 
 
 bond 17 
 
 to report to state commissioner when required 21 
 
 TREASURER OF COUNTY, his per centage on collections 12 
 
 lo report to state commissioner when required 21 
 
 VACANCY in local directors, how filled 6 
 
 in office of cletk, how filled 6 
 
 Iq office of state commissioner, how filled • . 20
 
 165 
 
 PAOB. 
 
 VILLAGE when not to be controlled by township board 5 
 
 schools in 16 
 
 VOUCHERS of township treasurer, to be examined by auditor 15 
 
 YOU 1 H, enumeration of, how and when taken 7 
 
 CHAPTER II. — Akrox school law, 29 — six directors shall he elected, 29 — ])onrd of education, 
 officers, powers, etc , 29 — meetings of board, 30 — shall have control of common schools, 
 etc., in Akron, 3il — number and grade of schools, admission of pupils, etc , 30 — power of 
 board, 31 — town council to levy taxes for school purposes, 31 — reports of board, 31 — titles 
 to board, 32 — examiners of teachers and schools, 32 — reports, 32 — public ex^imination of 
 schools, 32 — repealing clause, 32— extended to Dayton, 32 — right of repeal, 32. 
 
 CHAPTER III. — Act to amend the Akron school law, 33 — amount of tax, 33 — powers of th« 
 board of education, 33 — duties of auditor and treasurer, 33 — repealing clause, 33. 
 
 CHAPTER IV^ — Act extending the provisions ok the Akron school law, 33 — all incorporated 
 towns may organize under it, and how, 33— election of directors, 34— how number of votes 
 ascertained, 34 — r^pealing clause, 34. 
 
 CHAPTER V. — Additional amendments to Akron school law, 34 — boards of education may 
 adopt certain lnws, 34 — boards of education may establish German schools, 35 — certificate 
 of examiner to slate time such certificate shall be valid, 35 — no person to teach without 
 certificate, 35. 
 
 CHAPTEK, VI — General act FOR PUBLIC schools in cities, towns, f.to., 35 — what towns may 
 be single school districts, 35— qualified voters to vote for or against the adoption of this 
 act, 36 — manner of casting such vote, 36 — directors to be chosen. 36 — directors to organ- 
 ize, 36 — their puwer and duties, 36 — meetings of the board, 37— money, liow paid out, 37 
 — school-houses, how built, 37 — board to establish primary schools, 37 — higli schools, 37 
 — tiranches to be taught, 37 — what scholars admitted, 37 — general powers of the board, 
 37 — how long schools to be kept in one year, 38 — school tax, how levied and colected, 
 38 — not to exceed four mills on the dollar, 38 — board shall appoint school examiners, 38 
 — duty of examiners, 38— acts repealed, 39— treasurer may collect charges for tuition, 39. 
 
 CHAPTER VII — Act to amend the act for incorporation of cities, towns, ktc , 39- certain 
 appropriations not authorized, 39 — council may borrow money for school purposes, 39 — 
 loan, how perfected, 40 — tchool buildings how constructed, 40. 
 
 CHAPTER VIII. — Act to amend the general act for public schools in c:ties, towns, etc , 40 
 — extending act, 40— single sclioid districts, 40 — board ot educaiion, 40 -title to real es- 
 tate to vest in board, 40 — board to have power to exclude children undei six years of age, 
 41. 
 
 CHAPTER IX.— Act to provide foe the completion of certain contracts made bv school 
 directors, 41 
 
 CHAPTER, X. — Act relating to common schools, 41 — transfers made valid, 42 — power to trana- 
 fer, 42 
 
 CHAPTER XI — Act providing for recording, printing, and distributing the laws and public 
 documents, 42 — when official reports to be made, 42— achool year, 42— reports ot state 
 ofhcers, 43. 
 
 CHAPTER XII. — Act TO encourage teachers' institutes, 43 — county commissioners may ap- 
 propriate annual proceeds of surplus revenue, 4'i — money to be paid to lecturers, and for 
 library, 4.1— who shall have a right to attend the meetings of associations, 43 — cjuniy 
 boards of examiners to report to secretary of state, 44. 
 
 CHAPTER XIII. — Act to amend and i-xtenu an act to encourage teachers' institutes, 44 — 
 former law made gineral, 44 — former act in reference to libraries amended, 44, 
 
 CHAPTER XIV. — Act to amend an act to encourage teachers' institutes, 44 — county com- 
 missioners may appropriate .'JlOO, 44 — may levy a tax, 45 — money, how and for what 
 appropriated, 45- not to be paid over until teachers raise half the amount asked for, 45 — 
 supplementary act, 45. 
 
 CHAPTER XV". — Act to regulate the sale of school lands, 46 — section sixteen may be sold, 
 46— how vote of citizens shall be taken. 46 — trustees to petition court of common pleas, 
 46— court to appoint appraisers, 46 — returns, etc., t> be recorded, 47 — county auditor to 
 advertise sate, 47 — re-appraisement, 47 — in cases of permanent leases, etc., 47 — ,iayment8 
 to county treasurers, etc., 48 — county auditor to re|>ort sales to auditor of state, 49 — inter- 
 est apportioned, 49 — in case of failure of purchaser to pay, lands to be resol I, for cash, 
 49 -pui'oha-er to receive certificate. 49 — final certificate, 49— deed from the state, 49 — 
 ' excess of money, how disposed of, 50 — fees, 50 — acta repealed, 50.
 
 .156 
 
 CHAPTER XVI — Act to confirm salss made by trustees of section sixteen, 51 — Act to 
 REGULATE SALE OF MINISTERIAL AND SCHOOL LANDS, 51 — may be sold OF jjcrmaiient leases 
 surrendered, 51, 
 
 CHAPTER XVII. — Act to istablish a fund for the strrpoRT of common schools, 52 — auditor 
 of stute the euperintendcDt, 52 — how to keep account of lunds from sale of school lands, 
 •'iS— irreducible, 52 — rate of intereet and account thereof, 5'2 — pledge for its payDient, 52 
 — appropriation, 53 — order, receipt, etc , 53 — distribution, 53 — donations and bequests, 
 53 — general fund, 53 — state pledged for the interest, 53 — interest lunded until 1835, 53 — 
 how distributed afterwards, 54. 
 
 CHAPTER XVIII. — Act to increase the general fund for support of common schools, 54 — 
 proceeds of sales of swamp lands to be added, 54. 
 
 CHAPTER XIX — Irreducible or special school funds, 55. 
 
 CHAPTER XX — .Forms, 63 — m'nutes of sub-district election, 63 — notice of sub-district meet- 
 ing, G3 — oath of directors, 63 — appointment of director by township clerk, 63 — sub-district 
 m^t ting, appointment of clerk, etc-, 64 — agreement between director and teacher, 64 — 
 teacher's certificate for pay, 64 — order on township treasurer for teacher's pay, 65 — dis- 
 mis.sal of teacher, 65— v. sit to school, 65 — contracts, 65— enumeration 1, 66— enumeration 
 2, t)7 — report of township clerk, 68— audit ir's abstiact of enumeration, 69 —deed, 70 — 
 le.'ise, 7(1 — apixintment of acting manager, 71 —assignment of t'cholars, 71 — appointment 
 of librarian, 72 — ^ond of librarian, 72— teacher's daily register, 73 — teacher's general reg- 
 ister, 74 — teacher's repoitto township clerk, 75 — central or high schuols, 76 — certificate 
 of annual estimates, 7fi — order on treasury, 76— bond for township treasurer, as treasurer 
 of the school fund, 76— certificate of treasurer's bond, 77 — township treasurer's account 
 with tne several sub-districts, "^S — township treasurer's general account, on which to set- 
 tle with county auditor, 79 — township treasurer's book of general accounts, 80 — vouchers, 
 81 — final receipt of treasurer, 81 — appointment of school eximiner, 81 — to teachers, 81 — 
 sciiojl teacher's certificate, 82 — revocation of teacher's certificate, 82 — register, to be kept 
 by cUrk of county board of examiners, 83. 
 
 CHAPTER XXI. — Answers to questions on the school law 84 — township clerk, how paid, 
 84, 89 -township boards authorized to determine text-books, and can confine their selec- 
 tions t) one author on each subject, 84— directors who dispute authority of board in regard 
 to text-books, 84 — persons can be transferred when county line divides townships, 84 — 
 primary schools, d'c , 84 — if certificate expires during a lerni, not good for whole term, 84 
 — where scholars of a district are taught in private institution under authority ot directors, 
 teachers of said institution must have certificates before being legally paid out of school 
 fund, 84— township boards to prescribe rule-i and regulations for the governmentof schools, 
 85 -township clerk may be appointed acting manager, 85 — township board has power to 
 re-district a township, 85— persons over twenty-one years of age have no legal right to 
 claim admission to schools, 86 -pupils closing school-hou?e against teacher, 87 — rights 
 which entitle children to attend a particular school. 88 — local trea.surers to settle for all 
 school moneys, 88 — 1 )cal directors in fractional township, 89 — township boards not enti- 
 tled to compensation, e9 — how township treasurers to be paid, 90 — members of township 
 board where distriets have been changed, 9'' — township treasurer shall have cu'itody of 
 all school lunds belonging to township, 91 — jurisdiction of local directors and township 
 boards, 91 — election of directors, tie vote, 92 — sub-district clerk, term of oflice, 92— location 
 of school houses, 92 — who to determine text-books, 93 -procuring sites for school houses, 
 94 — are colored perso s eligible to the office of local director? 94 relative to annexing 
 sub-district to a village, 95— length of school month, holidays and vacations, 95 — term of 
 ofiice of clerk of sub district when held by a local director, 95 — transfers of school territory 
 made to cities and villages, 96— sub districts can be changed only at regular meetings of 
 township board, 96, 97- school property not sulject to moitgage, 97 — organization of 
 school.s in cities and villages, 98— school funds not applicable to support of academies, 
 and duties of board when expediTt to continue school after state funds exhausted, 98 — 
 funds for education of colored youth, 99— can school houses be used by religious societies ? 
 100— children of less than half African blood entitled to attend common schools, 101 — 
 recovery of money improperly or illegally paid out, 1G2— payment of teachers in joint 
 Bub-districts 102— township clerk can appoint local director in certain events, 102 — teach- 
 er's right to inflict corporal punishment, 102- dismissal of incompetent teachers, 104 — 
 sehoolfamls and board bills of teachers, 105— limits of teacher's authority over scholars, 
 105 — boards of education to select sites for school houses, 106 — in sub districts composed 
 of parts of townships, negligence of the clerk of one township does not release the liability 
 of the board for its share of expenses, 107 — pay of teacher without certificate, 108, 109 — 
 apportionment of more than pro rata share of funds in sub-district to secure teacher of 
 higher branches, 110 — local direct rs in new sub-districts, to be elected, 110 — when local 
 director fails to take oath within Mve days after his election. 111 — responsibility of boards 
 of eduealion for performance of contracts, 111 — power of boards of education in cities and
 
 I 
 
 157 
 
 ■villages to establish schools of diffprent grade, 112 — term of Fchool examiner when ap- 
 pointed to fiil vacancy, 112 — failure of township board to estimate fur schciol | urj'oses, 
 other than [>ayrnent of teachers, 113— rent cf room for examination of ttachtrs, 115 — 
 transfer of scholars may be made at special me tings of township boards, 1 15 — residence 
 of pupils, lib — right to open school with pra;\er, 117 — expenses of f^chools in suV)-di8tricts, 
 119 — neglect to elect local director, and incumbent refuses to continue in office, T^d— legal 
 right of colored children to enter common ech' ols, 120 — school hiuses to be acceB.>?ible, l20 
 
 — dismissal of teacher for immoral practic<s, 121 — limitation of taxes for building pur- 
 potes, 121 — distribution c{ school fumls aniong sub-districts, I5:;2- disfiosition of surplus 
 funds applicable to payment, of teachers, 123— examination of citj- or village superin- 
 tendent of schools, 123 — dismissal of teaclier for disobedience to rules, etc., 124 — failure 
 in government just cause for •withh(»ldii g certiiicate, 125 — can a woman be a legal examiner 
 of teachers, 125 — probate judge cannot leniove an examiner, 12G — payment of teachers for 
 time not covered by certificate, 126 — authority of clerk to refuse to draw order fcr time 
 not covered by teaclur's ceititicate, 127 — extra pay to clerk of examiners, l'2>^ — only one 
 assessment can be nade for schcol-houses. 128— interpretation of ihe 23d section ot school 
 law, 12y — local directors in joint sub district-", 12ei — discrimination in ihe apf)ortionment 
 of funds to sub-d striets, 1211— sub distiicl t-ix for payment of teachers illegal, 13(1 — settle- 
 ment of township treasurer with county auditor and board of educatioii, i3il — payment 
 for services in pre[>aring reports, 131 — penalties for neglecting to make reports. 132 — 
 Bu- pension or expulsion of scholars 133 — tic vote for local direxstor is a failure to elect, 133 
 
 — contingent fund of township, 134 - board of education cannot destroy contr^ict between 
 directors and teacher, 134 — opening of a new road not chargeable to school funds, 134 — 
 four members and the clerk not a quorum of township board, 135 — incorporatid village 
 cannot become a school district under the Akron law, 135 — school houses can be built 
 ■with money frona school funds and private subscriptions, 135 — purchase or mapn ; where 
 boards of education, without meeting, individually sign contract, such contract not valid, 
 135 — employment of music-teacher legal, 136— liab lity of directors in payment of dis- 
 missed t-achers, 137 — presidents of boards organized under act of February 21, lb49, 
 entitled to vote, 137 — township clerk should not be counted in constituting a quorum, 137 
 — teachers t3 mak« rules when township board c r local directors do not, 138 - location of 
 school ho ise in two fractions of joint sub district, 13'^- county auditor legal guardian of 
 the school funds of his county, 13;?— suspension of pupils for whispering, 138 — relative 
 to power ot village board to assess tax on annexed territory, 13i) — joint sub-district can be 
 formed of ter itxjiy in different counties, 14D — power ot beards of education over wages 
 of teachers, 140. 
 
 DECISION of Judge Bishop relative to power of two directors to make contract with teachers 
 without a formal meeting, 141. 
 
 CIRCULA.RS — to teachers of common schools, 142 — to school oflBcers, 143 — to local directora, 
 145— to township cleiks, 146. 
 
 SPECIAL NOTICE to county auditors, 14c?.
 
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