1 UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY ... ii THE Common School Laws OF PENNSYLVANIA, A N I > DECISIONS OF THE SUPERINTENDENT WITH EXPLANATIONS, FORMS, &c. Revised and Arranged by N. C. Schaefker, Superintendent of Public Instruction. CLARENCE M. BUSCH, STATE PRINTER OF PENNSYLVANIA. 1896. CONSTITUTION OF 1873. ARTICLE X. Education. Section 1. The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public schools, wherein all the children of this Commonwealth above the age of six years may be edu- cated, and shall appropriate at least one million dollars each year for that purpose. Section 2. No money raised for the support of the pub- lic schools of the Commonwealth shall be appropriated to, or used for the support of any sectarian school. Section 3. Women twenty-one years of age and up- wards, shall be eligible to any office of control or man- agement under the school laws of this State. CONTENTS. DISTRICTS. Page. Consolidated districts, 2 Independent districts 4 Changes in districts, 9 Powers and liabilities of districts 29 DIRECTORS AND CONTROLLERS. Election and appointment of directors and con- trollers, 33 Organization of the board 51 Duties of officers, 53 Meetings of the board 62 Powers and duties of directors and controllers,... 67 REVENUES FOR SCHOOL PURPOSES. Fines, 162 State appropriation 162 Assessment of taxes, ' 164 Duties of auditors, 194 Cities of the third class 1 "■» SUPERINTENDENTS OF SCHOOLS. State Superintendent 211 County superintendents, 217 City, borough and township superintendents, 262 STATE NORMAL SCHOOLS 266 COLLEGES AND ACADEMIES 298 vi CONTENTS. Page. DISTRICT SCHOOL LIBRARIES, 313 MISCELLANEOUS PROVISIONS. Homes for friendless children 323 Evening schools, 328 Powers of boards in sub-districts in cities of sec- ond class, 333 Industrial schools, 334 APPENDIX. Rules of order for conducting the proceedings of boards of directors 337 Common school forms 341 COMMON SCHOOL LAWS. DISTRICTS. I. That a system of Common School Education be and the same is hereby deemed held and taken to be adopted, according to the provisions of this act, in all the counties of this Commonwealth; and every township, borough and city of Every township, , , . _, ,.-. t- • i- 1-11 i „ borough and city this Commonwealth, or which shall be a scno s ol district, hereafter erected, shall constitute and be a school district, subject to the provisions of this act (a). II. That all boroughs and townships now connected in the assessment of coun- ty rates and levies, shall hereafter be sep- arate and independent of each other in the assessment of said rates and levies, and for school purposes; and the respec- tive townships and boroughs so separated shall elect their own assessors and other „. „ . . Shall elect asses- officers, whose duty it shall be to exercise s ors. the same powers and authority as are now exercised by township assessors gen-. erally, in the discharge of their duties in relation to the assessment of county rates and levies (b). (a) Act May 8, 1854, sec. 1, P. L. p. 617. (b) Act May 8, 1855. sec. 10, P. L. p. 511. 1 SCHOOL LAWS AND DECISIONS School districts divided Into wards. Powers to be ex- ercised by con- trollers. When such dis- tricts to be con- solidated. CONSOLIDATED DISTRICTS. III. That school districts which are com- posed of cities or boroughs, divided into wards for school purposes at the time of the passage of this act, shall he consti- tuted as follows, to wit: Each ward shall retain its school property, both real and personal, and elect a separate board of directors, who shall exercise in their re- spective limits all the powers and duties of school directors, as regards the erection or repairing of school houses and lots; and shall also levy, assess, collect, and dis- burse in and upon their respective wards all taxes rendered necessary to the proper exercise of the foregoing powers; but all other powers and duties pertaining to the school directors, which are conferred or enjoined by this act, shall be exercised in such city or borough by a board of con- trollers, composed of the directors of the several wards, who are hereby author- ized and required to perform all the du- ties belonging to boards of directors in single districts, with the exception con- tained in this section: Provided, That whenever all the boards of directors, in any such city or borough, shall voluntarily execute deeds of conveyance to the board of controllers for all the school property belonging to their respective wards, and OF PENNSYLVANIA. shall certify the same to the Superinten- dent of Common Schools, then and in that case, such city or borough shall there- after compose a single school district, in the same manner as districts not divided into wards; but the number of directors thereafter elected in such city or borougli shall be three for each ward (c). IV. That the act approved May four- teen, one thousand eight hundred and sev- enty-four, entitled "An act to prescribe the manner in which the courts may di- vide boroughs into wards," be amended and extended as follows: Amend and ex- tend section four, which reads as fol- lows: "That when said report shall have Terms of those been confirmed by the court, it shall, at elected - the same time, decree the election of an equal number of councilmen and school directors in each of the wards, in such a manner, however, as not to interfere with the terms of those heretofore elect- ed," be amended and extended to read as Courts may m- follows: That when said report shall crease number of , , directors to three have been confirmed by the court, it shall for each ward. at the same time decree the election of an equal number of councilmen and school directors in each of the wards, in such a maaner as not to interfere with the terms (c) Act May 8, 1854, sec. 2, P. L. p. 617. 4 SCHOOL LAWS AND DECISIONS of those heretofore elected. And the said court may, after having once fixed the number of councilmen and school directors, increase the same, on pe- tition of citizens of any such borough, to any number not exceeding three for each ward, and at the next succeeding municipal election thereafter the num- ber of councilmen and school direc- tors, as aforesaid fixed shall be elected as is provided for by existing laws (d). 1. Other acts pertaining to this subject will be found as follows: Act May 14, 1874, page 159, and its supplements of February 17, 1876, page 6; March 24, 1877, page 47; May 10, 1878, page 51; February 16, 1883, page 5; May 24, 1887, page 204, and May 28, 1887, page 274. INDEPENDENT DISTRICTS. V. That upon petition of not less than How independent districts may be twenty taxable inhabitants of any town- ship or townships, desiring the formation of the territory upon which they reside into a separate and independent common- school district, and setting forth the (d) Act May 13, 1889, sec. 1, P. L. p. 193. OF PENNSYLVANIA. 5 bounds of such proposed distri t, the court of quarter sessions of the proper county shall appoint commissioners to view the premises and report to the court, at its next term, the lines of the proposed new district, either according to the bounds gowmd^endent set forth in the petition, or to such other formed, bounds as they shall think more advis- able, together with their opinion on the expediency of establishing or not estab- lishing the same; the proceedings upon which petition, commission and report, and the final disposition thereof, shall, in all other respects, be according to the act of Assembly now in force, relative to the erection of new townships; Provided, That if said proceedings result in the es- tablishment of a new common school dis- trict the cost of the commission and the office fees shall be paid by said new dis- trict; but if otherwise, said costs and fees shall be paid by the petitioners them- selves (e). VI. That whenever a new district shall be erected, according to the provisions of this act, it shall become, to all intents and purposes of the common school system of the State, a separate and independent dis- (e) Act May 8, 1855, sec. 5, P. L. p. 509. SCHOOL LAWS AND DECISIONS When district be- comes independ- ent. Powers of new board. trict, subject, however, to the provisions of the third section (No. VII) of the act to which this is a supplement (f). VII. That when a new district shall hereafter be formed, such district shall not be considered and recognized as a sep- arate and independent school district un- til after the termination of the current school year in which it became a new district, and until it have a full board of directors regularly elected or appointed, and organized, except that the directors thereof shall have authority to levy, as- sess and collect tax, procure school houses and do all other acts necessary to the commencement of the schools for the en- suing year (g). 2. Directors in office when changes of districts or district lines are effected, are to continue to act as directors of the old district till the end of the then current year of their term of office. If, how- ever, a director residing in a part of an old district which has been struck off into a new or another district, be elected di- rector of such new or other district, he (f) Act May 8, 1855, sec. 6. P. L. p. 510. (g) Act May 8, 1854, sec. 8, P. L. p. 617. OF PENNSYLVANIA. should resign his place in the old board and not act in both. 3. The board of a new district may do every official act, during the year next be- fore that in which it goes into separate and independent operation, necessary to the putting of the schools into full working order, except that of actual opening them for instruction. All taxes levied and con- tracts made for these purposes are as binding as if levied and made by an old district. VIII. That the true intent and meaning of the provisions of the supplement to the general school law, approved the eighth day of May, Anno Domini one thousand eight hundred and fifty-five, for the crea- tion of independent school districts, was and is to provide, in a guarded manner, for exceptions to the general rule, and to protect and promote the educational wel- fare of occasional localities that, from nat- ural or other adequate obstacles, could not be properly provided for under the or- ganization of township districts; and fur- ther, it was not the intention to cut up townships into single school dis- tricts, nor to carve out the wealthier from the poorer portions of a township or SCHOOL LAWS AND DECISIONS Court may annul decree erecting independent dis- trict. When independ- ent districts may be abolished. townships, to the prejudice of the rights and interests of the latter: And it is fur- ther enacted, That when an independent district has been created in violation of these principles, the court of quarter ses- sions of the proper county is hereby au- thorized and required, upon application of not less than twenty citizens of the town- ship or borough affected thereby, to open the decree of the court by which it was created, and after re-examination upon the merits, confirm or annul such district, as the evidence may require; and here- after no independent district shall be cre- ated, in any case, without the unanimous concurrence of the court (h). 4. The rights, powers and duties of every independent district, legally estab- lished and in operation, are similar in all respects to those of a regular district com- posed of a township or borough. IX. That in all cases where an inde- pendent school district has been created or continued by any of the courts of com- mon pleas of this Commonwealth, it shall be lawful for said courts, upon the appli- cation of one-third of the taxable citizens of any school district, out of which any (h) Act May 20, 1857, sec. 1, P. L. p. 587. OF PENNSYLVANIA. independent district may be erected, by petition, setting forth that they desire the abolition of any district, to hear and de- termine the application upon its merits, and if deemed expedient, the said court shall discontinue the said district (i). 5. The number of petitioners to abolish an independent district must be fully one- third of the resident taxable citizens of the whole old district or districts, in- cluding itself, out of which the district sought to be abolished was taken, and not merely one-third of those residing within its own bounds. district takes effect. CHANGES TN DISTRICTS. X. That when a portion of a common school district is detached therefrom, by when alteration or abolition of the alteration of township or borough lines, or when an independent school dis- trict is abolished, such alteration or aboli- tion shall not take effect for school pur- poses, till the commencement of the schoo] year next after the end of that in which it shall have been decreed and confirmed, and the directors in the detached portion, or in the abolished district, as the case may (i) Act May 20, 1857, sec. 1, P. L. p. 5S8. 10 SCHOOL LAWS AND DECISIONS Uow property to be divided on 1'ormation of new district. be, shall continue to exercise their office till the end of the year in which said al- teration or abolition occurred (k). XI. When a new school district is form- ed, the court establishing the same shall determine, on hearing, whether an undue proportion of the real estate and school houses belonging to the old district or districts, are within the bounds of the new districts, and if so, how much money shall be paid therefor by the new to the old district or districts; and if any money be on hand, or debt unpaid, or any tax or other claims be uncollected after the settlement of all accounts of the current year, the proper court shall divide said money or debt amongst the districts in such proportions, and shall make such order as to uncollected tax or other claims as shall be just; and any sum thus decreed to be due by any district, to any district or individual shall be entered in the na- ture of a judgment against the same, and shall be subject to execution in the man- ner prescribed by the twenty-first section of the general common school law, of the eighth of May, one thousand eight hun- dred and fifty-four (1). (k) Ant April 11. 1362, sec. 10, P. L. p. 47 5. (1) Act April 11, 1862, sec. 11, P. L. p. 474. OF PENNSYLVANIA. 11 Court to appoint auditor. XII. That, whenever proceedings shall have been or shall hereafter be com- menced in any court of this Common- wealth for the purpose of changing the limits of any borough, by annexing there- to any adjacent tracts of land, or detach- ing therefrom any territory included therein, and the same shall have been ap- proved by the grand jury to which the application shall have been submitted, it shall be the duty of said court, before en- tering the decree confirming the same, to appoint an auditor, who shall ascertain the existing liabilities of the several bor- Auditor to ascer- , , , ,. , . . tain liabilities of OUghS, townships and School districts, districts inter- which may ue affected by the said change of limits, the amount and value of the property owned by each, and the amount and value of the property passing to or from each borough, township or school district, and the assessed valuation of all property liable to taxation for borough, township or school purposes, as shown by the last anuual assessment in each of said boroughs, townships and school districts, and within the limits of the part annexed to or detached from said borough, and shall report the same to said court, with the form of a decree adjusting the liabili- ties for all indebtedness and the value 12 SCHOOL LAWS AND DECISIONS of property held or acquired by each just- ly and equitably upon said borough, town- ship and school district, respectively; and said court shall be authorized to direct the amounts that shall be paid, one to the other, and the time and mode of payment, and, if necessary to a proper and just adjustment of the same, may order ana direct a special tax to be levied upon the property so annexed to or detached from said borough, for the payment of so much of the indebtedness as may be awarded against it, and direct how the same shall be assessed and collected (m). Hearing to be XIII. Said court shall, at the time of Kranted - making such appointment of an auditor, direct notice to be given of the time and place of meeting of the auditor and of the time of making his report, and of the hearing thereon, in such manner and for such time as it may deem necessary and proper to give full notice to all parties interested, and shall make such other and further orders as may, to it, seem meet and proper (n). Decree of court to XIV. Upon making the decree herein- before provided, the same shall be con- Cm) Act June 1, 1887, sec. 1, P. L. p. 285. (n) Act June 1, 1887, sec. 2, P. L. p. 285. OF PENNSYLVANIA. 13 elusive upon all parties interested, and the said court shall have power to enforce the same by appropriate orders and de- crees, and by attachment of all public officers refusing to obey the same, and to punish such disobedience by fine and im- prisonment, or either, at the discretion of the court (o). XV. When the said court shall make a decree changing the limits of any bor- ough, by detaching therefrom any por- tion of the territory included therein, it shall be the duty of said court to make a further decree, directing that the por- tion so detached shall constitute a new borough, a new township, or become part of an adjacent borough, township or town- ships, as to the said court may seem for the best interests of the several boroughs, townships and school districts affected thereby, and the residents of territory so detached, and in case of the erection of a new borough, or township, or school district, shall order and direct a special court to order election to be held for the election of specialelection - proper officers therefor, as provided by law: Provided, That no new borough shall be created unless the intention to (o) Act June 1, 1887, sec. 3, P. L. p. 285. 14 SCHOOL LAWS AND DECISIONS do so has been set forth in the original Notice required, petition filed, or after thirty days' notice in such manner as the court may di- rect (p). XVI. In case the officers of the borough, from which any territory is detached, or any of them shall reside in the portion so detached, they shall from the time of the decree cease to exercise the function of said office or offices, and the same shall How vacancies be and become vacant, and shall be filled are to be filled. in the manner prescribed by law for fill- ing vacancies in such offices; and the re- maining members of council shall consti- tute a quorum for the transaction of all business until the vacancies shall have been filled as herein provided (q). 6. In regard to real estate and school houses the new district is to pay the old for any undue proportion thereof that may be within the territorial limits of the newly-formed district, as the court shall direct. 7. In regard to money on hand, or un- collected claims, and to debts or liabili- (p) Act June 1, 1887, sec. 4, P. L. p. 286. fq) Act June 1, 1887, sec. 5. P. L. p. 286. OF PENNSYLVANIA. 15 Lies, after settlement of all accounts for the year, before actual separation takes effect, the new district is to pay to the old, or the old to the new, as the balance shall be ascertained to fall, and the court constituting the new district shall de- cree. XVII. That the school, real estate, and movable property within any detached portions of districts, or abolished dis- tricts, shall pass, with the territory on which they are situated, to the dis- trict or districts to which such terri- tory becomes attached, or reverts, with like right in the directors thereof to use or sell the same, as the proper directors had before the alteration or abolition. And if any money be on hand or debt unpaid, or any tax or other claims be un- collected after the settlement of all ac- counts of the current year, the proper court shall divide said money or debt Division of prop- erty, amongst the districts thus acquiring ter- ritory, in such proportions, and shall make such order as to uncollected tax or other claims due by said abolished dis- tricts to any person or persons, as shall be just; and any sum thus deemed to be due by any district to any district or in- 16 SCHOOL LAWS AND DECISIONS Decree and exe- cution. Courts may annex lands to another township or bor- ough. dividual, shall be entered in the nature of a judgment against the same, and shal! be subject to execution in the manner prescribed by the twenty-first section of the general common school law of the eighth of May, one thousand eight hun- dred and fifty-four (r). XVIII. That the several courts of quar- ter sessions of this Commonwealth shall have authority, within their respective counties, to annex the land, or parts thereof, of persons resident in one town- ship, or borough, to another township or borough, for school purposes, so that when so annexed, the applicant shall pay his school taxes, and be included within the school district to which it is so an- nexed, for educational purposes, and re- main connected with the district or town- ship, of his residence, for all other pur- poses; and the said court shall, upon the petition of any one desiring such change, proceed by views and reviews, in the manner, and under the restrictions pro- vided under the act of the General As- sembly, approved April fifteenth, one thousand eight hundred and thirty-four, (r) Act April 11. 1862, sec. 10, P. L. p. 473. OF PENNSYLVANIA. 17 with its supplements, in regard to the alteration of the lines of any two or more adjoining townships: Provided, That all the costs of such proceedings shall be paid by the person or persons applying for such change (s). XIX. That the several courts of quarter Courts may an- ii g \ 1 mi d s t benefit of such judgment may have exe- cution thereof as follows, and not other- wise, to wit: It shall be lawful for tht court in which said judgment shall be obtained, or to which such judgment shall be removed by transcript from a justice of the peace or alderman, to issue there- on a writ, commanding the directors or controllers and treasurer of such school district, to cause the amount thereof, with interest and cost, to be paid to the party entitled to the benefit of such judgment, out of any moneys unappropriated of such district, or if there be no such moneys, out of the first moneys that shall be received for the use of such district, and to enforce obedience to such writ by attachment (p). (o) Act May 8, 1854, sec. 20, P. L. p. 621. (p) Act May 8, 1854, sec, 21, P. L. p. 621. OF PENNSYLVANIA. 33 12. Debts contracted by a former board — whether permanent or temporary, or for building or ordinary school purposes — if legally contracted, are binding upon all future boards of the district; and pro- vision is to be made for their payment, or the payment of the interest on them, by the existing board. XLI. No person shall hereafter be in- who shall give evidence. competent to give evidence in any suit or action in which any school district, or any officers thereof, is a party, for or on ac- count of said person being an inhabitant of the district or by reason of his being liable to tbe payment of any tax in which said school district may be interested (q). DIRECTORS AND CONTROLLERS. Election and Appointment of Directors and Controllers. XLII. That school directors shall be when and how , , n - r. j- i. • l n 2.-L. directors to be elected annually in each district of the elected. State, in the following manner, to wit: (q) Act May 8, 1854, sec. 51, P. L. p. 629. 34 SCHOOL LAWS AND DECISIONS Term of office. Elections in Independent districts. At the same time and place that elections are held for supervisors and constables, and in wards, in cities or boroughs, at the time and place of the borough or ward election, and in like manner, two qualifed citizens shall be elected school directors in each district, whose term of office shall be three years; but in districts where di- rectors have not been elected, or in new districts which may be established by the erection of a new ward, borough or town- ship, six directors shall be elected in such district at the first election, two to serve one year, two to serve two years, and two to serve three years, and two annually thereafter; and in city and bor- ough districts allowed to elect three direc- tors, the whole number for each ward shall be chosen at the first annual election after the passage of this act, one to serve for one year, one to serve for two years, one to serve for three years, and one an> nually thereafter (r). XLIII. That when an independent school district shall be established, the proper court shall, in the decree therefor, designate the time and place for holding the annual elections of directors therein, and appoint two persons to hold the first (r) Act May 8, 1854, sec. 5, P. L. p. 618. OF PENNSYLVANIA. 35 election, at the time appointed therefor, who shall give ten days' notice thereof, by printed or written handbills, put up at not less than six public places within said district; at which first election six directors shall be chosen, two for three years, two for two years, and two for one year, then next ensuing, and thereafter two directors shall be chosen for three years, at the annual election, to be called and held by the president and secretary of the board, at the time and place, and in the manner in said decree thereof ap- pointed, said election, in all other re- spects to be conducted in conformity with the existing school law; and that in inde- pendent districts, established or hereafter to be established by the Legislature, with- out specifying the mode, time or place of electing directors, the first election shall be held at such time or place within the proper district as shall be specified by written or printed notices thereof, put up at not less than ten public places therein, signed by not less than five tax- able citizens thereof, and giving ten full days' notice of such election; and subse- quent elections shall be held at such time and place, annually, as shall be desig- nated by similar notices, signed by the 36 SCHOOL LAWS AND DECISIONS president and secretary of the proper board; said elections, in all other respects, to be held and conducted in the manner in this section before provided (s). 13. Expenses for the election of school directors in independent districts are to be paid by the county, in the same men- ner as for the election of township offi- cers. XLIV. That when two or more candi- Tie vote, how de- cided, dates shall have an equal number of votes for the same term of office, at any election of directors or controllers, whereby their election shall be prevented, the said can- didates shall appear at the next regular meeting of the board of directors or con- trollers, which said board shall determine their rights to seats therein, in the fol- lowing manner: Ballots shall be pre- pared, equal in number to the opposing candidates, on one-half of which the word "director" shall be written; whereupon the said candidates shall each draw, from a proper receptacle, one of said ballots, and the candidate or candidates drawing the ballot or ballots marked "director" shall be held and deemed duly elected to (s) Act of April 11, 1862, sec. 9, P. L. p. 473. OF PENNSYLVANIA. 37 the said office of director or controller. And, if vacancies are to be filled, at any ^ ncies ' how election of directors, in addition to the persons to be elected for the regular term, and the voters shall all neglect to desig- nate on their tickets the term of office for which each person voted for is a candi- date, then the person or persons having the highest number of votes shall be de- clared elected for the longest term or terms; the next highest in vote, after the filling of the longest term shall be de- clared elected for the next longest term, and so on, till all the terms vacant shall be filled (t). 14. No. XLIV disposes of the perplexing question of tie votes. Of course, it does not refer to the case where only two direc- tors are to be chosen for three years, and the two candidates highest in vote have each the same number of votes. Here the tie does not "prevent" the election of either, for both are elected. It only relates to cases in which the number of candidates who are tied is greater than (t) Act of April 11, 1862, sec. 2, P. L. p. 471. SCHOOL LAWS AND DECISIONS the number of offices or vacancies for which they are candidates, thus: three persons have each the same number of votes for the two vacancies in the long term of three years; or two persons have the same number of votes for one va- cancy in the term of two years. 15. When all the tickets are without specification of the term, the latter part of XLIV provides a remedy. In such case the rule of the longest term to the high- est in vote applies. But, if some of the tickets polled have, and some have not, this specification on their face, unless there was a common understanding among the voters in regard to the length of term intended for the candidates, re- spectively, those which have not are to be rejected, and the return is only to be given, according to their number of votes, to those whose tickets specified the term on their faces. It is best, therefore, for each voter to write on his ticket the term, as well as the name of the person voted for, to fill a vacancy. OF PENNSYLVANIA. 39 Person elected to be notified. XLV. That the duplicate returns of all Returns, how elections for directors shall be made out, ma signed and sealed by the judges, and de- livered by the constable or proper officer of said election, one to the board of direc- tors, and the other to the court of quarter sessions of the county, within ten days thereafter, and each person elected a di- rector shall be notified thereof in writing, within five days after the election, by the constable or other officer who held the election. If the legality of any elec- tion for directors be contested in writing by not less than ten qualified citizens of the district, the said court of quarter ses- sions is hereby authorized and required, forthwith, to examine into the election, and to confirm or set aside, as shall seem just and proper, and, if set aside, to order a new election at the usual place and in the usual manner, on not less than two weeks' public notice, given by the proper officers (v). XLVI. That each board of directors shall have power to fill any vacancy which may occur therein by death, resig- nation, removal from the district, or otherwise, until the next annual election Contested elec- tion, how de- cided. How vacancies to be filled. (v) Act May 8, 1854, sec. 6, P. L. p. 618. 40 SCHOOL LAWS AND DECISIONS for directors, when such a vacancy shall be filled by electing a person from the district in which the vacancy occurs, to supply the same (w). 16. It does not require a quorum (four) to fill a vacancy caused by "death, resig- nation, removal, or otherwise." Any number to which the board may be re- duced, by any one or all of these causes, can perform this indispensable duty. But to do it satisfactorily, all the actual mem- bers should be present, or have had notice to be present, for the purpose. And if only one member remain in office, he can legally take means to fill the board. In that case he should appoint one new member; he and that new member should then appoint a third, and so on, till the board is full. And the whole of these proceedings should be put on the minutes. The law authorizing "less than a majority of directors" to fill vacancies in a school board, only applies when the number has been reduced below a majority, from (w) Act May 8, 1854, sec. 7, P. L. p. 618. OF PENNSYLVANIA. 41 causes mentioned in either the seventh or the eighth sections of the act of May 8, 1854, P. L. 618. An appointment made by a board of school directors to fill an existing va- cancy therein qualifies the person so ap- pointed to hold the office until the first Monday in June following the first an- nual election next ensuing such an ap- pointment, at which time the person elected at the preceding annual February election will be qualified to fill the office for the remaining part of the unexpired term. For example: 1. If a vacancy occurred in January, 1896, and the board then appoints a per- son to fill the vacancy, the person ap- pointed will hold the office until June, 1896, at which time the person elected in February of that year, will be admitted to membership in the board on his cer- tificate of election for the unexpired term for one year, or for two years, as the case may be. 3* 42 SCHOOL LAWS AND DECISIONS 2. If a vacancy occurred in March, 1896, and the board appointed at once a person to fill the vacancy, he would be qualified to hold the office until the first Monday in June, 1897, inasmuch as no annual election intervened until February, 1897, and therefore, the appointment made by the board holds not only until the first Monday of June, 1896, but until June, 1897, unless the term expires before that date. 17. When a director resigns his office without being present in the board, the resignation should be in writing, ad- dressed to the president, or, if it be the resignation of the president himself, to the secretary. When a resignation takes place by a member present, it may be verbal. But in both cases it should be entered on the minutes, accepted by the board, and the acceptance also entered on the minutes. XLVII. Whenever by the requirements of any law, a particular residence is a necessary qualification for the election or Legal residence. appointment of any officer, a removal OF PENNSYLVANIA. 13 from such residence shall operate as a forfeiture of the office (x). 18. Every member ceasing to be a resi- dent of the district for which he was a director, thereby vacates his office with- out resignation, from the day when he ceased being a resident; and the fact being known and entered on the minutes, another is to be appointed in his place. The same principle applies to changes of residence from one ward to another in cities and boroughs, except in cases where the election is by a concurrent vote. 19. Failure by the voters to fill a va- cancy, at the regular annual election, will authorize the board to fill it, by virtue of the word "otherwise" in num- ber XLVI. This means that if a member died or resigned, the board appointed another in his place, and if at the next election the people failed to elect any one to fill this vacancy, the board may again treat it as a vacancy and appoint a person (x) Act May 15, 1874, sec. 12, P. L. p. 187. 44 SCHOOL LAWS AND DECISIONS Directors exempt from serving In certain offices. Offices incompat- ible. Commissioner cannot serve as director. Wiio aie exempt from serving as collectors. to fill it till the next succeeding annual election. XLVIII. That all directors shall be ex- empted from serving in any township, city or borough office (y). 20. The exemption from township, city or borough office, does not prohibit the holding of these offices, except that of auditor, but merely confers the right to be excused, if the director desires it. XLIX. That no person hereafter elected shall be capable of holding and exercising the office of school director, constable, pathmaster, or commissioner of roads, and that of township or borough au- ditor (z). L. No county commissioner shall be eligible to serve as a member of the board of health, or director of the public schools, during his continuance in of- fice (a). LI. That tax collectors are township, ward or borough officers, within the true intent and meaning of the general school law of one thousand eight hundred and (y) Act May 8, 1854, sec. 10, P. L. p. 619. (z) Act May 18, 1876, sec. 1, P. L. p. 179. (a) Act May 15, 1874, sec. 7, P. L. p. 187. OF PENNSYLVANIA. 45 forty-nine and one thousad eight hundred and fifty-four, and that school directors and treasurers of the school fund were and are exempt from serving as such col- lectors, within the meaning of said acts (b). LII. That if any person duly elected a when seats ofat- school director shall refuse to attend a aecteie^vLant. regular meeting of the board, after hav- ing received written notice from the sec- retary, to appear and enter upon the duties of his office, or if any person hav- ing taken upon him the duties of his office as director, shall neglect to attend any two regular meetings of the board in succession, unless detained by sickness or prevented by absence from the district, or to act in his official capacity when in attendance, the directors present shall have power to declare his seat in the board vacant, and to appoint another in his stead to serve until the next regular election (c). 21. Absence from special or called meet- ings will not justify the exclusion of a member from the board. (b) Act May 8, 1855, sec. 12, P. L. p. 511. (c) Act May 8, 1854, sec. 8, P. L. p. 618. 46 SCHOOL LAWS AND DECISIONS 22. A member elect should be duly noti- fied in writing, by the secretary, accord- ing to the provisions of this act, before his seat can be legally declared vacant by the board. LIII. That all persons elected to the office of school director after the passage of this act in the Commonwealth of Penn- sylvania shall, before entering upon the duties of such office, take and subscribe Directors must to an oath or affirmation that he will offlce° at ° support the Constitution of the United States and the Constitution of the Com- monwealth of Pennsylvania and the laws thereof, that he has used no unlawful means to procure his election to said office, and that he will discharge the du- ties of said office for the district in which elected faithfully and impartially, and to the best of his understanding and abil- ity, which oath or affirmation shall be taken before a justice of the peace, no- tary public, or some other officer author- ized to administer oaths, and a copy of the same shall be entered upon the min- utes of the board of school directors of the proper district (d). (d) Act April 16, 1891, sec. 1, P. L. p. 22. OF PENNSYLVANIA. 47 LIV. That on and after the passage of May qua iify this act it shall be lawful for school di- each otber - rectors in the various school districts in this Commonwealth to qualify each other, by oath or affirmation, that they will How to qualify, faithfully discharge the duties of said contents of oath. office, and that they be authorized to certify the same to the proper authori- ties (e). LV. In the organization of a school board it shall be the duty of the person chosen to act as secretary to qualify the Secretary. person chosen to act as president, and the president in turn shall qualify all the President, other members of said board (f). 23. All persons elected or appointed to the office of school director are required to take the oath of office before entering upon the discharge of their duties. LVI. That if all the members of any Directors may be board of directors or controllers shall cour°t Yed by the refuse or neglect to perform- their duties, by levying the tax required by law, and to put or keep the schools in operation, so far as the means of the district will admit, or shall neglect or refuse to per- (e) Act June 25, 1895, sec. 1, P. L. p. 284. (f) Act June 25, 1895, sec. 2, P. L. p. 284. 48 SCHOOL LAWS AND DECISIONS form any other duty enjoined by law, the court of quarter sessions of the proper county may, upon complaint in writing, by any six taxable citizens of the district, and on due proof thereof, declare their seats vacant, and appoint others in their stead, until the next annual election for directors (g). 24. The words "so far as the means of the district will admit," do not justify di- rectors in providing means to keep the schools in operation any shorter term than six months; because the law ex- pressly enjoins it on the board to keep them "in operation not less than six nor more than ten months in the year." The discretion given, therefore, only re- lates to those extremes, between which they may select any term suitable to the means of the district. But if they do not keep them open at least the minimum term of six months, the court will remove them. Directors must LVII. That whenever the school direc- provide suitable ,, „ .. , , rooms. tors or controllers of any city, borough, (g) Act May 8, 1854, sec. 9, P. L. p. 619. OF PENNSYLVANIA. 49 township or independent school district, shall wilfully neglect or refuse to provide suitable houses, rooms or buildings in and for any school district within their jurisdiction and under their supervision, and control, with ample room and seat- ing capacity for the reasonable and con- venient accommodation of all the school children residing within the district, who may be in attendance, or who desire to attend the school or schools therein, then ten or more taxable citizens, residents of the said district, may set forth in writing the facts in the case, under oath or affir- mation of at least six persons who sign the statement, and petition the court of Citizens may petition court. common pleas of the county in which said school district is situated, or in va- cation, any judge of the said court; for the appointment of a competent inspector; inspector to be and the court, or judge thereof, may ap- "PP" lnted point such inspector, whose duty it shall be to visit the district by order of the court, or judge thereof, and inquire into the facts set forth in the complaint sub- mitted, giving due notice to the members of the board of directors, against whom the complaint for neglect of duty is made, and to other persons concerned, and the 4 50 SCHOOL LAWS AND DECISIONS said inspector shall report to the court, or proper judge thereof, under oath or affirmation, of the result of his personal inspection and investigation, accompanied by statements of facts and proofs ob- tained in the case (h). , LVIII. If, after hearing the allegations He sball hear allegations and and proofs offered to substantiate the charges set forth in the complaint, or to disprove them, and after having fully and diligently inquired into all the facts and circumstances bearing on the case in point, the aforesaid inspector finds that the directors or controllers have refused, neglected, or failed without valid cause for such refusal, neglect or failure on their part, to provide and maintain suit- able and adequate accommodations for the school children of the district, as the law requires, he shall so report to the court, or to the judge appointing him, and the court in such case is hereby author- ized and empowered to grant a rule upon the directors or controllers then having jurisdiction in the district, or such of them as have wilfully neglected or failed without justifiable excuse to perform the (h) Act of June 6, 3893, sec. 1, P. L. p. 330. OF PENNSYLVANIA. 51 duties enjoined upon them by law, to show cause why the court, or the judge thereof, should not remove them from office and appoint others in their stead, until the next annual election for direc- tors (i). ORGANIZATION OF THE BOARD. LIX That the term of office of school Term of office to _ „ T begin first Mon- directors from and after the first of Janu- day in June. • ary, Anno Domini one thousand eight hundred and sixty-four, shall commence on the first Monday of June, in each and every year: Provided, That the organiza- tion of each board of school directors, as provided by the twelfth section of the act of the eighth of May, one thousand eight hundred and fifty-four, shall be when board shall within ten days of the first Monday of be g ievied an<1 taX June, in each year: And provided fur- ther, That the school tax for each year shall not be levied until after such or- ganization, and before the first of July of each year (k). LX. That each board of school direc- officers of board (i) Act of June 6, 1893, sec. 2, P. L. p. 331. (k) Act of April 22, 1863, sec. 1, P. L. p. 523. 52 SCHOOL LAWS AND DECISIONS tors and each board of controllers in cities and boroughs, shall meet and organ- ize by choosing a president and secretary, who shall be members of the board, and a treasurer, who may be a member of the board, or otherwise, at the discretion of the directors or controllers (1). 25. The first business at the meeting for organization, after the temporary organi- zation, is the reading of the returns of election, to ascertain who are members. 26. Directors elect can exercise none of the powers pertaining to their office till after the organization of the new board, which cannot take place until on or after the first Monday of June. 27. If a board of directors fail to or- ganize, it is such neglect of duty as will justify the court of quarter sessions, upon the complaint of six taxable citizens of the district, and upon due proof thereof, to declare their seats vacant, and appoint others in their stead. 28. If the school directors neglect to or- (1) Act of May 8, 1854, sec. 12, P. L. p. 619. OF PENNSYLVANIA. 53 ganize within ten days after the first Mon- day of June, as specified by law, they may do so at a future time, and such or- ganization will be strictly legal, if no final steps should be taken in the meantime to remove the directors elect from office by due course of law. 29. The officers and members of the old board are to perform their several duties until the first Monday of June. The or- ganization of the old board ceases with the first Monday in June, but steps should be previously taken for calling a meeting of the new board in accordance with the provision of law. DUTIES OF OFFICERS. A. The President. LXI. That the president shall preside Duties of presi- dent, at the meetings of the board, call special meetings when necessary, issue the dupli- cate and warrant for the collection of the district taxes, take sufficient bond from the district treasurer for the faith- 54 SCHOOL LAWS AND DECISIONS ful discharge of his duty, and sign the certificate of the assessment of the dis- trict taxes, and all orders on the district treasurer by order of the board, also the annual report of the district to the county superintendent, and generally do and per- form all other acts and duties lawfully pertaining to the office of president of the board (m). 30. 'All deeds and contracts by the dis- tricts, including those with teachers, are to be signed by the president. 31. The president is to swear or affirm to the annual certificate setting forth the time that the schools have been open and in operation. 32. The president votes on every ques- tion like any other member. B. The Secretary. Duties of secre- LXII. That the secretary shall keep full minutes of all the proceedings of the board, in a book provided for that pur- pose, prepare the duplicate of school tax, keep an account of all abatements and ex- onerations made by the board, prepare, (m) Act May 8, 1854, sec. 13, P. L. p. 619. OF PENNSYLVANIA. 55 attest, and forward to the county superin- tendent the annual certificate of the num- ber of months during the year that the schools have been kept open and in oper- ation according to law. Also, the annual report of the district, prepare and attest all orders on the treasurer, and do and perform all other acts and duties lawfully pertaining to the office of secretary of the May receive com - , ,, . pensation. board, and for his services shall receive such compensation as the board may di- rect (n). 33. The names and P. O. address of the president, secretary and treasurer, are to be sent, upon the organization of the board, at the first meeting after the an- nual election of directors, by the secre- tary, to the Superintendent of Public In- struction, at Harrisburg, and also to the county superintendent. 34. The secretary is to countersign — that is, officially attest — all deeds and contracts of the board, after they have been signed by the president. If the board have a seal, the secretary is to have the custody of it, and is to affix it (n) Act May 8, 1854, sec. 14, P. L. p. 619. 56 SCHOOL LAWS AND DECISIONS to all deeds and contracts signed by the president. 35. The secretary is to receive the monthly reports from the teachers, exam- ine them, and if correct sign them, if not correct he is to have them made so be- fore issuing the monthly order for the teacher's salary. 36. At the end of the term, the books of monthly reports are to be deposited with the secretary, and kept by him till the commencement of the next term. 37. The secretary is to see that the "last adjusted valuation," of taxable persons and property is procured from the county commissioners in time for the making out of the duplicate. 38. The duplicate is to be made out by the secretary under the direction of the board. He is also to countersign it, and keep an account of all exonerations. 39. The "Pennsylvania School Journal," when supplied to each district at the expense of the State, is sent to the sec- retary, and each copy is to be by him laid OF PENNSYLVANIA. 57 before the board at the next meeting after its reception. 40. The file of the Journal, thus re- ceived, is also to be preserved and trans- mitted to his successor in office. 41. The secretary is to keep the deeds, contracts and other valuable papers and documents of the district and transmit them to his successor. LXIII. Immediately after the annual secretary to no- appointment of the teachers of each dis- entof U tencher" d ~ trict, the secretary of the board shall send feSgthV/term. a written list of their names, and the schools to which they have been respec- tively appointed, to the proper county su- perintendent, with a notice of the day upon which the ensuing term of school, in the district, will commence, and the termination thereof, as directed by the board (o). C. The Treasurer. LXIV. That the treasurer shall give Treasurer to Rive bond to the president for the use of the district, in such amount and with such sureties as shall be approved by the board, for the faithful performance of his bond. (o) Act April 11, 1862, sec. 4, P. L. p. 472. 58 SCHOOL LAWS AND DECISIONS duty; he shall receive all State appro- priations, district tax, and other funds of the district, and pay thereout all orders of the board signed by the president and Hjs.powers and attested by the secretary; he shall settle his accounts annually with the directors and controllers, in default of which he shall not be re-appointed; he shall pay over the balance without delay to his successor in office, and generally do and perform all acts and duties lawfully per- taining to his office as district treasurer, and shall be allowed to retain not ex- ceeding two per cent, on the money pass- ing through his hands for his services (.p). 42. The treasurer is not to enter upon the duties of his office till his official bond has been presented and approved by the board. 43. A treasurer has no right to go be- hind a school order to inquire into the propriety of its amount. If it be for a legal purpose, and signed by the presi- dent and attested by the secretary, he must promptly pay it, without delay or objection, upon presentation by the right- ful holder, in legal currency, or as good (p) Act May 8, 1854, sec. 16, P. L. p. -G20. OP PENNSYLVANIA. 59 current money as he received. If he have no school money in his hands, that cause of refusal to pay should be immediately reported to the directors, who should take prompt measure to obviate the difficulty. 44. It is the legal right of teachers and others to have their school orders paid in cash upon presentation to the treasurer, without hindrance or delay. 45. It is a gross violation of duty for a school treasurer to purchase school or- ders; and if he do it with his own funds when there is money in the treasury, he should be immediately removed from office, and punished for the offense. 46. Every order should state on its face the purpose for which it was drawn. If it do not, the treasurer is not bound to pay it; or the auditors on the settlement of his accounts may refuse to allow it. 47. Executions are to be paid by the treasurer, out of any "unappropriated" funds in his hands, or which shall first come into his hands. "Unappropriated" here means money in the treasury beyond the amount of the orders issued by the 60 SCHOOL LAWS AND DECISIONS board but not paid, previous to the ser- vice of the writ of execution. An amount sufficient to pay those previously issued orders is to be regarded as appropriated. 48. No treasurer is to be re-appointed till his accounts for the preceding year have been settled by the board, and au- dited by the district auditors. 49. The settlement by the board is for the purpose of ascertaining the condition of the district accounts, the amount of tax, etc., paid in, and of money paid out, and the balance on hand, if any, for the information of the board. 50. The settlement by the auditors, of the treasurer's accounts, is to verify those accounts, and to enable an appeal to be taken to court, by either party, if the case demand it. 51. The accounts of treasurers of inde pendent districts will be settled by the auditors of the township from which the district was taken. 52. Percentage is not to be allowed to any outgoing treasurer, on the unex- OP PENNSYLVANIA. 61 pended balance in the district treasury, handed over to his successor. 53. Treasurers who refuse or neglect to pay over to their successors in office any balance of funds in their hands, are li- able to the district for interest on the same from the time when this should have been paid over. 54. If a school treasurer should convert to his own use, or use by way of invest- ment, any school moneys in his hands, or prove a defaulter, the act will be deemed an embezzlement, and be pun- ished as a misdemeanor. LXV. That the treasurer shall settle Must settle his his accounts annually with the directors accounts - or controllers, in default of which he shall not be reappointed (q). D. General Provision. LXVI. That if the president or secre- when president or secretary pro tary shall absent himself from any meet- tern, may be ap- ing of the board, or, being present, re- fuse to perform any of the duties of his office, a president or secretary pro tem- pore shall be appointed by the members (q) Act May 8, 1854, sec. 16, P. L. p. 620. pointed. 52 SCHOOL LAWS AND DECISIONS Meetings of di- rectors and con- trollers. Stated meeting. present, and entry thereof be made on the minutes; and the acts necessarily per- formed by such president or secretary pro tempore, during such meeting, shall be as valid and binding on the board and dis- trict as if they had been performed by the regular officers of the board (r). 55. This act is intended to prevent de- lay in the proceedings of a board, by the absence, or, if present, by the refusal to act, of the regular officers. If others are appointed in such cases, pro tempore, the fact, either of absence or refusal to act, should be entered on the minutes, with the names of the persons substituted. This being done, the official acts of the officers pro tempore, or either of them, are as valid and binding on the district as those of the regular officers would have been, had they acted. Meetings of the Board. LXVII. That each board of directors and controllers should hold at least one stated meeting in every three months; and such other meetings as the circum- (r) Act May 8, 1854, sec. 15, P. L. p. 620. OF PENNSYLVANIA. 63 stances of the district may require, shall be held at such time and place as may be designated by the president and secretary, upon due notice given to each member of the board. If less than a majority of directors or controllers attend any meet- ing, no business shall be transacted there- at, except that of adjournment, and of appointment to fill vacancies in the board, as is hereinbefore directed (s). 56. The minutes of the last preceding regular and of all intervening special or called meetings, should be read imme- diately after calling the roll, at every regular meeting. But the minutes of previous meetings need not be read at any special or called meetings. 57. Four members, regularly convened, can transact any business within the power of the board; and the majority of a quorum (three) can decide any question, except those specified in section LXX, each of which requires the votes of four in the affirmative to adopt it; and, in these cases, the names of those voting in (s) Act May 8, 1854, sec. 17, P. L. p. 620. 64 SCHOOL LAWS AND DECISIONS the affirmative and negative are both en- tered on the minutes. 58. All motions and resolutions of im- portance, such as those for the laying of tax, purchase or sale of houses and lots, fixing the duration of the school term, etc., should be put in writing by the per- son offering them, before being enter- tained by the president, and should be entered on the minutes at length. 59. If less than four members attend, na business can be legally transacted, except adjourning to some future time, then to be named, and filling vacancies in the board. 60. Directors, as individuals, signing an agreement to purchase articles of furni- ture or apparatus for the schools, does not bind the board. What men do as individuals, they are presumed to do for themselves; the members of a board of directors cannot act legally unless they act in a body. Of course a board of direc- tors can authorize a member to discharge some duty, and then his acts, within the OF PENNSYLVANIA. 65 limit of his authority, are legal. A board of directors may also sanction the indi- vidual acts of members, and thus legalize them; but the only safe way is to act in a body, as the law enjoins. 61. A tie vote loses the question; that is, the same number of votes on each side; or, rather, failing to carry by a majority of those voting, it leaves the question where it was before the vote was taken, and therefore effects no change. 62. Every regular meeting should ad- journ to meet again at a time and place then agreed on, and so entered on the minutes; unless the time and place are determined by the standing regulations, which ought always to be the case. LXVIII. That the term "stated meet- Meetings regu- lated. ing," or "regular meeting," of the board of directors or controllers, whenever they occur in the act to which this is a further supplement, shall hereafter be taken to mean the first meeting thereof for organi- zation, after the annual election of direc- tors or controllers, and the monthly or other periodical meetings held thereafter, 5 66 SCHOOL LAWS AND DECISIONS in accordance with the standing regula- tions of the board. But, if there are no standing regulations, then every meeting held in succession, from said first meet- ing for organization, by adjournment to a time and place certain, and so entered on the minutes of the proper board, shall be, to all intents and purposes, regarded as a regular meeting (t). 63. No business can be transacted at a special or called meeting, except that for which the meeting was called, and which is either to be specified in the call, or stated by the president at the opening of the meeting, and put on the minutes. 64. A called or special meeting need not be adjourned to any time or place, unless the special business has not been com- pleted, when it may adjourn to some time and place named, for the special purpose of completing it. How special LXIX. If the president of the board of meetings may be , , .. ,, , ,, called on neglect school directors or controllers shall ne- of president. glect m , refuse to call spe cial meetings, when required by a written request signed by three members of the board, such (t) Act April 11, 1862, sec. 3, P. L. p. 471. OF PENNSYLVANIA. 67 meetings may be called by any two mem- bers of said board, and any business transacted at a meeting so called shall be legal, the same as though the meetings had been held pursuant to a notice given by the president (v). LXX. That no tax for school or build- ing purposes shall be levied, no resolu- tions shall be adopted for the purchase or sale of any school real estate, no school house shall be located, or its location abandoned or changed, no teacher shall be appointed or dismissed, no annual school term shall be determined on, nor shall any general course of studies be adopted or annual series of text books be selected, in any common school district, except by the affirmative votes of a ma- jority of the whole number of the direc- tors or controllers thereof; and in each of said cases the names of the members voting, both in the affirmative and the negative, shall be so entered on the min- utes of the board by the secretary (w). No action to be had in certain cases except on vote of a majority of the board. Powers and Duties of Directors and Controllers. LXXI. That the board of directors of (v) Act April 17, 1865, sec. 2, P. L. p. 62. (w) Act April 11, 1862, sec.4, P. L. p. 472. 68 SI HOOL LAWS AND DECISIONS Powers and duties of directors. To establish schools for minors of oertain ages. Children not allowed to attend schools. every district, and controllers in cities and boroughs, under the provisions of section second, shall possess and exercise the fol- lowing powers and perform the following duties, together with the other powers and duties given and enjoined by this act (x). LXXII. They shall establish a sufficient number of common schools for the education of every individual above the age of six and under twenty-one years, in their respective districts, who may ap- ply for admission and instruction, either in person, or by parent, guardian or next friend (y). LXXIII. No child or other person belong- ing to, or residing with the family of any person or residing in the same house in which any person may be located who is suffering from cholera, small-pox, (variola or varioloid,) scarlet fever, typhus fever, yellow fever, relapsing fever, diphtheria, diphtheritic croup, membraneous croup or leprosy shall be permitted to attend any public, private, parochial, Sunday or other school in said municipalities, and all school principals, Sunday school su- perintendents or other persons in charge (x) Act May 8, 1854, sec. 23, P. L. p. 621. (y) Act May 8, 1854, sec. 23, P. L. p. 621. OF PENNSYLVANIA. 69 of such schools, are hereby required to exclude any and all such children and persons from said schools, such exclusion to continue for a period of thirty days following the discharge by recovery or death of the person last afflicted in said house or family, or his or her removal to hospital, and the thorough disinfection of the premises, and all such children or other persons as aforesaid, before being permitted to attend or return to school, shall furnish to said principal or other person in charge of said schools, a cer- tificate signed by the medical attendant of said children or persons, or by a phy- sician to be designated by the health au- thorities of said municipalities, setting forth that the thirty days mentioned in this section have fully expired: Provided however, That the health authorities may by rule or regulation provide that such certificates shall only be given by a per- son to be designated by said authorities, and in such case no other certificate shall be recognized (z). LXXIV. All principals or other persons in charge of schools as aforesaid are here- by required to refuse the admission of (z) Act June 18, 1895, sec. 11, P.L. p. 206. Shall oe excluded for thirty days after recovery of person last afflict- ed In house. Must have'certi- flcate from medi- cal attendant. Proviso. 70 SCHOOL LAM'S AND DECISIONS Principals of schools must re- fuse admission of children except on certificate showing that child has been vaccinated or has had small-pox. Blanks shall be furnished prin- cipals of schools. School registry of all children ad- mitted or rejected under provisions of this act. Health authori- ties shall furnish daily reports to schools. Contents of re- ports. any child to the schools under their charge or supervision, except upon a cer- tificate signed by a physician, setting forth that such child has been success- fully vaccinated, or that it has previously had small-pox (a). LXXV. The health authorities of said municipalities shall furnish to princi- pals or other persons in charge of said schools, and to physicians, the necessary certificates or blanks for the uses and purposes as set forth and required in sec- tions one, eleven and twelve of this act. The registry of said school shall exhibit the names and residences of all children or persons admitted or rejected for rea- sons set forth in this act, and said reg- istry shall be open at all times to the in- spection of the health authorities (b). LXXVI. It shall be the duty of the health authorities in the several munici- palities as aforesaid to furnish daily, by mail or otherwise, to principals or other persons in charge of said schools, a printed or written bulletin, containing the name, location and disease of all per- sons suffering from cholera, small-pox, (a) Act June 18, 1895, sec. 12, P.L. p. 207. (b) Act June 18, 1895, sec. 13, P.L. p. 207. OF PENNSYLVANIA. 71 (variola or varioloid,) scarlet fever, ty- phus fever, yellow fever, relapsing fever, diphtheria, diphtheritic croup, rnebran- eous croup or leprosy, upon receipt by them of reports of such cases from physi- cians as required in section one of this act: Provided, That the health authori- proviso, ties of any municipality may, in lieu of the daily bulletin herein required, pro- vide that a notice shall be given to the school or schools attended by the children in whose home or residence any of the diseases mentioned in this section exist, and prescribe the form of said notice (c). LXXVII. Any physician, undertaker, penalty for vioia- . • -i j. tion of any of tbe principal of a school, superintendent ot provisions of this a Sunday school, sexton, janitor, head of a family or any other person or persons named in this act, who shall fail, neglect or refuse to comply with, or who shall violate any of the provisions or require- ments of this act, shall for every such offence, upon conviction thereof before any mayor, burgess, alderman, police magistrate, or justice of the peace of the municipality in which said offence was committed, be liable to a fine or penalty therefor of not less than five dollars, nor act. (c) Act June 18, 1895, sec. 14, P.L. p. 207. 72 SCHOOL LAWS AND DECISIONS Fine to be paid into treasury of municipality. D Imprisonment. Duties of parents. Age of children who must attend school. Time children shall attend school. Unless excused. Reasons for ex- cuse. more than one hundred dollars, which said fines or penalties shall be paid into the treasury of said municipality, and in default of payment thereof, such per- son or persons so convicted shall undergo an imprisonment in the jail of the proper county for a period not exceeding sixty days (d). LXXVIII. Be it enacted, &c, That every parent, guardian or other person in this Commonwealth, having control or charge of a child or children between the ages of eight and thirteen years, shall be required to send such child or children to a school in which the common English branches are taught, and such child or children shall attend such school during at least sixteen weeks of each year in which schools in their respective dis- tricts shall be in session, unless such child or children shall be excused from such at- tendance by the board of the school dis- trict in which parent, guardian or other person resides, upon the presentation to said board of satisfactory evidence show- ing such child or children are prevented from attendance at school, or application to study, by mental or physical or other (d) Act June 18, 1895, sec. 21, P.L. p. 208. OF PENNSYLVANIA. 73 urgent reasons: Provided, That in case proviso, there be no public school in session with- in two miles of the nearest traveled road of any person within the school district, he or she shall not be liable to the pro- visions of this act: Provided, That this proviso. act shall not apply to any child that has been or is being otherwise instructed in the common English branches of learning for a like period of time: And provided Proviso, further, That the certificate of any prin- cipal of any school of educational insti- tution, or of any teacher, that any child has been or is being so instructed, issued to such child or its parents or guardians shall be sufficient and satisfactory evi- dence thereof (e). LXXIX. For every neglect of duty im- penalty for vioia- posed by the first section of this act, the per" °n parental person in parental relation offending relation, shall be guilty of a misdemeanor, and shall, upon conviction thereof before a justice of the peace or alderman, forfeit a fine not exceeding two dollars on the first conviction, and a fine not exceeding five dollars for each subsequent convic- tion: Provided, Upon conviction the de- Provlso . fendant or defendants may appeal to the (e) Act May 16, 1895, sec. 1, P. L. p. 72. 5* 74 SCHOOL LAWS AND DECISIONS Proviso. Fines shall be paid over to county treasurer For use of school district. How applied. Collection of tines. Attendance officers, appoint- ment of. court of quarter sessions of the peace of the proper county within thirty days, upon entering into recognizance with one surety for the amount of fines and costs: Provided however, That before such pen- alty shall be incurred, the parent, guar- dian or other person liable therefor, shall be notified in writing by the secretary of the school board, or by the attendance officer, if there be one, of such liability, and shall have opportunity by compliance with the requirements of this act then and thereafter to avoid the imposition of such penalty. The fines provid- ed for by this act shall, when col-' lected, be paid over by the officers collect- ing the same into the county treasury of the respective counties, for the use of the proper school treasurer of the city or school district in which such person con- victed resides, to be applied and account- ed for by such treasurers in the same way as other moneys raised for school purposes; such fines shall be collected by a process of law similar to the collec- tion of other fines (f). LXXX. If deemed necessary for the better enforcement of the provisions of this act, boards of school directors or (f) Act May 16, 1895, sec. 2, P. L. p. 72. OF PENNSYLVANIA. 75 school controllers in cities, boroughs and townships, may employ one or more persons to be known as attendance offi- cers, whose duty it shall be to look after, apprehend and place in such schools as the person in parental relation may designate, truants and others who fail to attend school in accordance with the pro- visions of this act. The persons appoint- ed such attendance officers shall be en- titled to such compensation, not exceed- ing two dollars a day, as shall be fixed by the boards appointing them, and such compensation may be paid out of the school fund; boards of directors or con- trollers may set apart school rooms in public school buildings for children who are habitual truants, or who are insub- ordinate or disorderly during their at- tendance upon instruction in the public schools (g). LXXXI. It shall be the duty of the as- sessor of voters of every district, at the spring registration of voters, or as soon as possible thereafter, to make, in a sub- stantial book provided by . the county commissioners for that purpose, a careful and correct list of all children between Duty of. Compensation of. IIow paid. Rooms fortruants or disorderly chil- dren. Assessors shall make list of chil- dren. What shall be set out in list. (g) Act May 16, 1895, sec. 2, P. L. p. 73. 76 SCHOOL LAWS AND DECISIONS List shall be re- turned to county commissioners, who shall certify same to secretary of school district. List shall be fur- nished to teacher. Compensation of assessors. Report of teacher to secretary of school board of children who have been absent. the ages of eight and thirteen years within his district, giving the name, age and residence of each, and whether in charge of a parent, guardian or other person, together with such other infor- mation as may be deemed necessary, which enumeration shall be returned by said assessor to the county commissioners of the county in which the enumeration is made, whose duty it will be to certify it to the secretary of the proper school district, who shall immediately furnish the principal or teacher of each school with a correct list of all children in his or her district who are subject to the pro- visions of this act. And the said asses- sors shall be paid a per diem compensa- tion for their services, a sum equal to the compensation paid under existing laws for assessors of election, said services not to exceed ten days (h). LXXXII. It shall be the duty of each teacher in the school district to report immediately to the secretary of the board of directors or controllers, and there- after at the. close of each school month, the names of all children on the list pre- viously furnished by the secretary who (h) Act May 16, 1895, sec. 4, P. L. p. 73. OF PENNSYLVANIA. 77 were absent without satisfactory cause for five days during the month for which the report shall be made, when, if it shall appear that any parent, guardian or other person having control of any child or children shall have failed to comply with the provisions of this act, after due noti- fication in writing as provided in section two, the secretary, or attendance officer, if there be one, in the name of the school district, shall proceed against the offend- ing party or parties in accordance with law by complaint before any alderman or justice of the peace: Provided further, That if sufficient cause be shown for the neglect of the requirements of this act, the cost of said proceedings shall be paid out of the district funds upon a proper voucher approved by the board of direc- tors or controllers (i). LXXXIII. The secretary or attendance officer, if there be one, of any board of directors or controllers who wilfully re- fuses or neglects to comply with the pro- visions of this act shall be guilty of a mis- demeanor, and upon conviction thereof before an alderman or justice of the (i) Act May 16, 1895, sec. 5, P. L. p. 74. Notice of absence to parent or guardian. Complaint against person offending. When district shall pay cost of complaint. Neglect of duty by secretary or attendance officer. 78 SCHOOL LAWS AND DECISIONS Penalty. peace, shall forfeit a fine not exceeding twenty-five dollars (k). Repeal. LXXXIV. All laws or parts of laws in- consistent herewith are hereby repealed. 65. The number of schools to be estab- lished in any district is not fixed by law. There must be "a sufficient number for the education of every individual, be- tween six and twenty-one years, who may apply for admission and instruction." 66. This number is to be ascertained, not by any arbitrary rule of the board, but deduced from the experience of teach- ers and schools. It is found that one teacher cannot do justice to more than fifty pupils in daily attendance, in a mixed school — if he can to so many; and therefore a daily attendance of ma- terially over this number in any of the schools of a district is a violation of the «, spirit of the law, and the number of schools should be increased, or what is much better, where practicable, those al- ready in existence should be graded. (k) Act May 16, 1895, sec. 6, P. L. p. 74. OF PENNSYLVANIA. 79 67. Neglect to provide a "sufficient number" of schools, is punishable by re- moval from office of the directors so neg- lecting their duty, and the appoint- ment of others in their stead. 68. Residence in the district and fit age are the only requisites to entitle a person to admission to a common school in Pennsylvania. 69. Neither payment of tax nor appli- cation by parent or guardian are requisite to admission. The one is indispensable for the support of the schools, and the other is the usual mode of obtaining ad- mission to them; but every youth resident in the district, needing instruction, and between six and twenty-one years of age, must be admitted on his or her own appli- cation. 70. The residence of a child is gener- ally that of the parent, master or em- ployer, with whom he resides at the time of the application. 71. But the residence of the parent is not necessarily that of the child, in ref- erence to the school. If a child reside in 80 SCHOOL LAWS AND DECISIONS another district, with a grandparent or other relative, as a member of the fam- ily; or is working for his board and clothes, or for money, with privilege to attend school part of the time; or is in any other way separated from his parents with the consent of the latter, by a per- manent arrangement made in good faith and for his own benefit — he thereby ac- quires a new school residence, and a right of admission to the schools of the district within which he thus resides. 72. Directors must determine for them- selves, in all cases whether the residence claimed by the applicants is such as to entitle them to admission to the public schools of the district over which the board has official jurisdiction. Boards may exercise a reasonable and liberal discretion in such matters. They have * authority to determine, according to the facts and circumstances governing indi- vidual cases, when and where, in their judgment, pupils have acquired a bona fide school residence. OF PENNSYLVANIA. 81 LXXXV. "That any child or children section 1. act of April 18, 1893, cited for amend- of any person who was a soldier in the service of the United States in the late war of the rebellion being, or who shall be, temporarily or otherwise within any school district of the Commonwealth shall, upon application, be entitled to ad- mission and instruction the same as resi- dent children, in the proper common school of such district, and notwithstand- ing such child or children may have or shall come into such district for the pur- pose of attendance at such school, and the residence of the parents, guardian or other person or persons entitled by law to the custody of such child or children be in another district," be amended so as to read as follows: That any child or children of any per- son who was a soldier in the service of the United States in the late war of the rebellion being, or who shall be, tempor- arily or otherwise, within any school dis- trict of the Commonwealth shall, upon application be entitled to admission and instruction the same as resident children in the proper common school of such dis- trict, and notwithstanding such child or children may have or shall come into such district, daily or weekly, for the 6 ment. Children of sol- diers entitled to instruction In district schools. 82 SCHOOL LAWS AND DECISIONS purpose of attendance at such school, and the residence of the parents, guardian or other person or persons entitled by law to the custody of such child or children Proviso as to cost be in another district: Provided, That of instruction. such pupils shall be charged for by the month at the same rate as it costs the district receiving them, per pupil, to keep its school in operation, and that the bill for such tuition shall be sworn to by the president and secretary of said school board, and the charges for such tuition shall be paid by the district or districts in which the children have a permanent residence (1). 73. Under the provisions of this act the children of soldiers may claim school pri- vileges in a district other than the one in which they have a permanent resi- dence, the bills for tuition to be paid by district in which they have a per- manent residence. Additional LXXXVI. That the board of controllers on board COnferred of school districts, which are composed of cities or boroughs, divided into wards for school purposes, or boroughs not divided into wards for school purposes, having a (1) Act July 2, 1895, sec. 1, P. L. p. 434. OF PENNSYLVANIA. 83 population of five thousand or over, shall, .n addition to the powers and duties con- ferred or enjoined by the act of the eighth day of May, one thousand eight hundred and fifty-four, and the supplement there- to, possess the following powers and per- form the following duties: Clause 1. They may establish a public high school. Clause 2. They shall admit to said pub- lic high school all children under the age of twenty-one years residing within said school district who shall be found quali- fied for admission thereto, after having undergone such an examination as shall be prescribed by the said board of con- trollers: Provided, Said board of con- trollers or directors shall have the power to prescribe the terms upon which other children than those residing in said dis- trict shall be allowed to attend said public high school. Clause 3. They shall exercise a general supervision over said public high school, appoint all the teachers therefor, fix the amount of their salaries, and shall have power to dismiss any teacher, at any time, for incompetency, cruelty, negli- gence, immorality, or other cause; they may suspend or expel from said school Establish high school. Who shall he ad- mitted to said high school. Shall exercise general super- vision overhigh school. 84 SCHOOL LAWS AND DECISIONS Visitation. Branches to be taught and books used. Qualification of teachers. Maximum length of term. all pupils found guilty, on full examina- tion and hearing, of refractory or incor- rigible bad conduct; and shall have power to make all proper regulations and rules for the government and discipline of said school. Clause 4. Said board of controllers or directors shall visit said public high school, by at least one of their number, at least once in each week, and cause the results of such visit to be entered on the minutes of said board of controllers. Clause 5. They shall direct what branches of learning shall be taught and what books shall be used in said public high school. Clause 6. The said board of controllers or directors shall not employ any person as teacher in said public high school, un- less such person shall produce such a cer- tificate as would entitle him or her to teach in the ward schools, which certifi- cate shall set forth the branches of learn- ing which the holder thereof is qualified to teach; and, provided, no teacher shall be employed in teaching any branch of learning other than those enumerated in his or her certificate. Clause 7. The said board of controllers or directors shall maintain and operate OP PENNSYLVANIA. 85 said public high school not exceeding ten months in each year, and shall pay all the necessary expenses thereof, by drafts on the treasurer of said board, signed by the president and attested by the secre- tary thereof. Clause 8. They shall have power to pur- Power to hold or convey real chase, procure and hold such real and estate, personal property as may be necessary for the establishment and support of said public high school, and the same to sell, alien and dispose of when no longer nec- essary for the purposes aforesaid: Pro- vided, said real estate shall not exceed v s ^ a u t | of real one hundred thousand dollars. Clause 9. They shall cause suitable lots ^? n d K s 8 and of ground to be procured and suitable buildings to be erected thereon, for the accommodation of said public high school, and shall keep the same in repair, and shall cause to be rented a suitable build- ing, for the temporary accommodation of said public high school, until a suitable permanent building can be obtained. Clause 10. Whenever said board of con- how to proceed , ,, , ,, when suitable trollers or directors shall be unable to sites cannot be procure an eligible site for the erection of secured - said public high school by agreement of the owner or owners of the land, it shall and may be lawful for said board of con- 86 SCHOOL LAWS AND DECISIONS Shall tender bond before entry. When right to enter shall be complete. Petition for the appointment of viewers. trollers or directors to enter upon and occupy sufficient ground for such purpose; but, before doing so, said board of con- trollers or directors shall tender to such owner or owners the bond of said school district, conditioned for the payment of the damages suffered by said owner or owners by reason of such entry and occu- pancy, when finally ascertained; if the owner refuse to accept said bond, or can- not be found, or is not sui juris, the same shall then be presented to the court oi common pleas of the proper county for its approval, after notice to the property owner by advertisement in a newspaper of said county, at least once a week for three weeks. Upon the approval of said bond, and its being filed, the right of said board of controllers or directors to enter upon said land shall be complete. Either said board of controllers or di- rectors, or said owner or owners of said land, may, within twenty days from the approval of said bond, apply by petition to the court of common pleas of the proper county for the appointment of viewers, and thereupon said court shall appoint three disinterested citizens of said county, and not owners of property or residents in said school district, and ap- OF PENNSYLVANIA. 87 point a time not less than twenty or more than thirty days thereafter, when said viewers shall meet upon and view said when viewers ..... . . . . shall meet. premises, of the time of which meeting ten days' notice shall be given to the viewers and the opposite party, and the said viewers, or any two of them, having been first duly sworn or affirmed faith- fully, justly and impartially to decide and a true report to make concerning all mat- ters and things to be submitted to them, and having viewed the premises, and hav- ing made a just and fair computation of the advantages and disadvantages, shall estimate and determine whether any, and, damageanrtre- if any, what amount of damages has been port to court. or may be sustained, and to whom pay- able, and make report thereof to said court, and when the damages are finally ascertained, either by the confirmation of said report by the court, or the verdict of the jury, judgment shall be entered judgment execu- thereon; and, if the amount thereof shall "on may issue. not be paid within thirty days from the entry of such judgment, execution may issue thereon as in other cases of judg- ments against school districts; and such viewers shall each be entitled to the sum of one dollar and fifty cents for each day compensation of necessarily employed in the performance 88 SCHOOL LAWS AND DECISIONS Conncils shall levy tax. Levying tax In boroughs not divided into wards. May borrow money and issue bonds therefor. of the duties herein prescribed, to be paid by the school district. Clause 11. The councils of any such city, or boroughs divided into wards for school purposes, referred to in the first section of this act, shall at any time, not oftener than once in each school year, levy a special tax for such amount as the said board of controllers or directors may, by resolution duly passed, fix and deter- mine, to be called "the public high school building tax," not exceeding the amount of one mill in any one year; boroughs not divided into wards for school purposes mentioned in this act, shall levy and col- lect said high school tax as they levy and collect other school tax, without the in- tervention of the borough council afore- said; to be applied solely to the purpose of purchasing or paying for the ground and the erection of a school building thereon and the repair of the same; which tax shall be levied and collected at the same time and in the same manner, and with like authority, as other taxes are levied and collected for school purposes in the respective districts to which this act shall apply. Clause 12. That for the purpose of erecting such school building, or purchas- OF PENNSYLVANIA. 89 ing, or procuring grounds whereon to erect such school building, as provided by this act, it shall be lawful for said board of controllers or directors to bor- row money, at a rate of interest not ex- ceeding six per centum, and issue bonds therefor, in sums not less than one hun- dred dollars, which bonds may be reg- istered in such manner as the said board of controllers or directors may hereafter provide: Provided, That this act shall not apply to school districts governed by special act of Assembly (m). LXXXVII. They shall direct what Branches tau K nt brancnes of learning shall be taught and what instructions, if any, shall be given in the industrial arts, and what books shall be used insaidpublic high school (n). LXXXVIII. That the directors or con- trollers of any school district may estab- lish a public high school, and the State Superintendent of Public Instruction shall prescribe a uniform course of instruction course of instruc which shall be taught in the high schools of each grade (o). LXXXIX. The directors of two or more and what books to be used. High schools may be established. (m) Act May 26, 1893, sec. 1, P. L. p. 146. (n) Act May 8, 1889, sec. 1, P. L. p. 124. (o) Act June 28, 1895, sec. 1, P. L. p. 413. 90 SCHOOL LAWS AND DECISIONS Directors may establish joint high schools. Schools shall be divided into grades, accord- ing to course of studv. Proviso. townships or school districts shall have power to establish joint high schools, and the expense shall be paid as may be agreed upon by the directors or controll- ers of said districts.who shall meet jointly as often as may be necessary for the transaction of business pertaining to the joint high schools under their jurisdic- tion, and all proceedings in relation there- to shall be spread at large upon the min- utes of the respective boards (p). XC. A high school maintaining four years of study beyond the branches of learning prescribed to be taught in the common schools and called the common branches shall be known as a high school of the first grade; a high school maintain- ing three years of study beyond the com- mon branches shall be known as a high school of the second grade; a high school maintaining two years of study beyond the common branches shall be known as a high school of the third grade: Pro- vided, That the reviews necessary for the prosecution of high school studies shall not be excluded from the estimate of the year's study beyond the common branches (q). (p) Act June 28, 1895, sec. 2, P. L. p. 413. (q) Act June 28, 1895, sec. 3, P. L. p. 413. OF PENNSYLVANIA. 91 XCI. From the annual appropriations in aid of high schools, a high school of the first grade shall each year receive a sum not exceeding eight hundred dollars, a high school of the second grade a sum not exceeding six hundred dollars, a high school of the third grade a sum not ex- ceeding four hundred dollars. If the ap- propriation is insufficient to pay the above amounts to the several high schools, then the appropriation shall be distributed to the schools of the respective grades in such a manner that each school shall re- ceive a sum proportional to the number of years of advanced study maintained in its course or courses of instruction: Pro- vided, That any high school established at the fall opening of the school year be- ginning on the first Monday of June, one thousand eight hundred and ninety-five, shall be paid at the end of the year as a high school of the third grade (r). XCII. The directors or controllers of every district receiving aid in accord- ance with section four of this act, shall employ for said high school at least one teacher legally certified to teach book- keeping, civics, general history, algebra, Annual appro- priations in aid of high schools, how divided. Proviso Teachers, em ployment of. (r) Act June 28, 1895, sec. 4, P. L. p. 414. 92 SCHOOL LAWS AND DECISIONS geometry, trigonometry, including plane surveying, rhetoric, English literature, Latin, including Caesar, Virgil and Ci- cero, and the elements of physics, chem- istry, including the chemistry of soils, botany, geology and zoology, including entomology, and no teacher shall be em- ployed to teach any branch or branches of learning other than those enumerated in his or her certificate (s). Sworn statements XCIII. The directors or controllers of ofpTncYnsTruc* evei T district establishing a high school tlon " and receiving State aid in support of said high school, shall, before the first day of September following the close of each school year, make to the Superintendent of Public Instruction sworn statements giving full information concerning the teachers, classes and courses of study of every high school under their jurisdic- tion (t). XCIV. High schools established in ac- cordance with this act of Assembly shall be under the supervision of the superin- tendent of the city, borough or county in which they are situated (v). Supervision of high schools. (s) Act June 28, 1895, sec. 5, P. L. p. 414. (t) Act June 28, 1895, sec. 6, P. L. p. 414. (v) Act June 28, 1895, sec. 7, P. L. p. 414. OF PENNSYLVANIA. 93 XCV. The courses of study in high Approval of . , . . „, . , , ,, , „„•. courses of study. schools receiving State aid shall be sub- ject to the approval of the Superintendent of Public Instruction (w). XCVI. That the board of school direc- tors of any school district within this Commonwealth, having a population of more than twenty thousand inhabitants, and having within the limits of the city or township in which said school district shall be, eight or more deaf mute children of proper age for attending school, are hereby authorized to open and maintain a special school for the education and training of such deaf mutes, either in sign language or in articulation, as such board of directors shall deem best for such children (x). XCVII. Any such school so organized by any such board of school directors shall be a part of the common school sys- tem of such school district, and shall be under the control of such board of school directors in the same manner as the other schools in said district: Provided, That deaf mute children may be sent from any peaf mute cwi- aren. school district in the county in which (w) Act June 28, 1895, sec. 8, P. L. p. 414. (x) Act May 8, 1876, sec. 1, P. L. p. 157. 94 SCHOOL LAWS AND DECISIONS Indigent blind children. To purchase or rentlotsand erect school houses. such school shall be established, upon payment, by such district, to the treas- urer of the school board by which such school shall be maintained, its propor- tionate share of the expense of maintain- ing said school: And provided further, That the expense of educating said deaf mute children, in such schools, shall not exceed the sum of one hundred and fifty dollars for each child during any one year (y). XCVIII. That the school boards of this Commonwealth are hereby authorized and recommended to provide suitable books and apparatus for the instruction of indi- gent blind children, between the ages of nine and thirteen years, and pay for the same out of the school fund, as in the case of seeing children, the cost thereof not to exceed twelve dollars for each person in any one year (z). XCIX. They shall cause suitable lots of ground to be procured and suitable build- ings to be erected, purchased or rented, for school houses, and shall supply the same with the proper convenience and fuel, and shall have power, with the direc- (y) Act May 8, 1876, sec. 2, P. L. p. 157. (z) Act May 8, 1876, sec. 1, P. L. p. 138. OF PENNSYLVANIA. 95 tors and controllers of adjoining districts, to establish joint schools, and the expense shall be paid as may be agreed upon by the directors or controllers of said dis- tricts (a). C. That it shall be lawful for the boards Citizens may pe- tition for joint of school directors of school districts, of schools. different counties or townships, adjoining each other, to establish joint schools, on or near the county or township line, for parts of said district, upon petition of not less than twenty taxables of said adjoin- ing districts, whenever, by reason of natural difficulties and distance from the schools of the said district, it becomes desirable and proper to so establish the same (b). CI. The said board of directors, for the powers of board , ,, i . . i, j i« such cases. purpose aforesaid, shall meet jointly, and are hereby empowered to exercise the same authority as in case of the estab- lishment of joint schools for districts of the same county; all proceedings in re- lation thereto to be spread at large upon the minutes of the respective boards (c). 74. The number, location, size and ar- te) Act May 8, 1854, sec. 23, P. L. p. 622. (b) Act June 10, 1881, sec. 1, P. L. p. 116. (c) Act June 10, 1881, sec. 2, P. L. p. 116. 96 SCHOOL LAWS AND DECISIONS rangement of school houses, and the necessity of establishing and discontinu- ing them, have been decided by the courts of several counties to be questions for the discretion of the proper board of directors, without control by judicial authority, so long as a reasonable provi- sion is made for the wants of the district, in these respects. A board which neg- lects to provide a sufficient number of comfortable school houses at proper points, within a reasonable distance of all the pupils, presided over by as good teachers as can be readily procured, and supplied with suitable furniture and ap- paratus, neglects a plain duty and be- trays a sacred trust. 75. Half an acre of ground should be secured for every rural school house; and if a whole acre can be obtained it will be so much the better. 76. In towns, the school lots should be large enough to afford playground, and secure good light and air. 77. The location should be central to OF PENNSYLVANIA. 97 the population to be accommodated, healthful, and on good traveled roads. Low and damp, or bleak and exposed po- sitions should not be accepted, even as gifts. 78. The title to the ground selected for a school house should be carefully exam- ined, and be made perfect before the building is commenced. 79. When school lots are leased, the right to remove the school house should always be reserved in the lease. But no school house should be built on rented ground, when a suitable site can be pur- chased. 80. Trust property for school purposes, conveyed to directors, can be held and used for common school purposes, in the same manner as other property belonging to the board, except that it cannot be sold by the board. 81. The board is not bound, by a vote of the citizens of the district, on a ques- tion of location. In all cases it is proper to ascertain, and to a proper extent, to be 7 98 SCHOOL LAWS AND DECISIONS guided by public sentiment, on questions in which the public are directly inter- ested. But this can be as well ascertained without the formality of an election which, generally only embitters the con- test when the result of the vote is not binding. 82. The plan of a proposed school house should be matured with the greatest care. Some work on school architecture should first be examined; for, though no design suitable to the wishes of the board in all respects may be found in it, yet valuable hints may be met, and parts of different plans combined, so as to suit the case. Other good school houses should also be examined. Superintendents can give good advice. 83. The undoubted care and control of the school houses are with the board of directors, by this provision as well as the whole scope of the law. The agreement with the teachers also recognizes and secures this right, and infringement upon it is a trespa&s. OF PENNSYLVANIA. 99 84. School houses are to be used for school purposes only, and directors may refuse them for any other. They are not public property in the sense that gives citizens the right to use them for any but school purposes, without the consent of the directors. They should not permit them to be used for any other, unless in cases where the purpose is innocent or promotive of the general cause of edu- cation, and the improvement of youth. 85. The establishment of a joint school must be a matter of agreement between the boards of the two districts. Neither party can be compelled to enter into it. Such schools are usually a subject of con- tention, and should not be established un- less the necessity for them is very press- ing. 86. If a house is to be built for a joint school it should belong to and its man- agement be vested in, the board on whose territory its stands, and the board of the other district should pay a fair annual compensation for the privilege of sending 100 SCHOOL LAWS AND DECISIONS to it, with the proper proportion of the teacher's salary and other expenses. Be- sides, directors have no authority to make an agreement for a joint school that will be perpetually binding upon their suc- cessors. All agreements for the estab- lishment of joint schools should be made for a stipulated length of time, and either of the parties to such an agreement can withdraw from it at the expiration of that time. In all such cases, however, cour- tesy would demand that timely notice should be given to all interested, by the party intending to terminate the agree- ment. Proper regard should also be paid to the interest of the children, who might be deprived of convenient school accom- modations, by hasty action in breaking up a joint school. 87. The law does not specify the differ- ent articles or kind of furniture proper for a common school house. But, as in other matters of detail, it leaves these points to the sound discretion of the local directors. And it is their duty to render OF PENNSYLVANIA. 101 the houses as pleasant, and furniture as commodious, as the means at their dis- posal will permit. CII. That boards of school directors water closets for ©noli school and controllers shall provide suitable and convenient water closets for each of the schools under their official jurisdic- tion, not less than two for each school or school building, where both sexes are in attendance in their respective school dis- tricts, with separate means of access for each; and unless placed at remote dis- & ^®| e 8 d l,a11 tance one from the other, the approaches or walks thereto shall be separated by a substantial close fence, not less than seven feet in height, and it shall be the duty of the directors or controllers to make provision for keeping the water closets in a clean, comfortable and healthful condition (d). CHI. Any failure on the part of school SrJ^noD- directors or controllers to comply with compliance, the provisions of this act shall make them liable to be removed from office by the court of quarter sessions of the coun- ty in which the schools are located, upon complaint made to the court, under oath or affirmation of not* less than five tax- (d) Act June 6, 1S93, sec. 1, P. L. p. 339. 102 SCHOOL LAWS AND DECISIONS Duties of school directors. Removal of waste matter, etc Disinfection, etc. able citizens, resident in the school dis- trict in which the school is located (e). 88. Separate apartments under the same roof will not be sufficient, but sepa- rate houses for each sex, placed as far apart as possible, must be provided by the directors and properly cared for as the law expressly requires. CIV. That the boards of school di- rectors and controllers of each school district of this Commonwealth be and they are hereby required at least once during each full school term, and prior to the first of January of each year, and within thirty days after the close of each annual school term, to have taken out, removed and hauled away all excrement and waste matter from every out-house or water closet connected with or standing upon the premises of every public school house in the Commonwealth, or have the same properly disinfected; and they are re- quired to have every out-house or water closet properly scrubbed, washed out and cleaned, the inside walls whitewashed, (e) Act June 6, 1893, sec. 2, P. L. page 339. OF PENNSYLVANIA. 103 and the vaults or receptacles covered with a layer of fresh dirt or dry slacked lime within ten days of the opening of each annual school term (f). CV. That the school boards of the School boards several townships or school districts "uppfyofwater." within this Commonwealth, shall have full power and authority to contract with any person, company or asso- ciation to furnish the said township or district with a sufficient supply of water for protection from fire or for san- itary purposes for a period not exceed- Term of contract, ing three (3) years and to locate and erect fire plugs in close proximity to the school buildings (g). CVI. The school boards as aforesaid shall make a record of such contract as they may enter into, including the cost thereof, which they are hereby authorized to pay out of any funds in the treasury Payn-entof not otherwise appropriated (h). CVII. The township auditors shall pass Bills shall be upon such bills, and their action thereon audlted - shall have the same effect as upon other expenditures of such school boards (i). (f) Act of June 24, 1895, P. L. page 254. (g) Act June 24, 1895, Sec. 1, page 245. (h) Act June 24, 1895, Sec. 2, page 245. (i) Act June 24, 1895, Sec. 3, page 245. 104 SCHOOL LAWS AND DECISIONS School boards may permit use of grounds for recreation pur- poses. And arrange for care and protec- tion of same. CVIII. That it shall be lawful for the ward or sub-district school boards, as well as for the central boards of education or of school controllers or directors in the sev- eral cities and boroughs of the Common- wealth, to permit the use of the school grounds under their jurisdiction for park and recreation purposes by the public (k). CIX. That it shall be lawful for all such ward or sub-district school boards and central boards of education, or of school controllers or directors in the sev- eral cities and boroughs of the Common- wealth, to make arrangements with the city or borough authorities for the en- largement, improvement, care and pro- tection of the school grounds when used for park and recreation purposes by the public, and power is hereby conferred upon such city and borough authorities to make such expenditures as may be necessary to carry such arrangements into effect (1). CX. The said city, borough and school authorities are hereby empowered to make similar arrangements with corpora- tions, societies, associations or individ- uals having property which they are (k) Act June 26, 1895, Sec. 1, page 331. (1) Act June 26, 1895, Sec. 2, page 331. OF PENNSYLVANIA. 105 willing to donate, lease or permit the use jjjay^ease or P er- of for public park or recreation purposes, grounds, etc. and said city and borough authorities are also empowered hereby to make all expenditures necessary to make such ar- rangements effective (m). CXI. That all the following described ^[X^'to'be buildings within this Commonwealth, to- P^^ n 7^ fe wit: Every building used as a seminary, external tire escapes. college, academy, hospital, asylum, or hotel for the accommodation of the pub- lic, every storehouse, factory, manufac- tory or workshop of any kind, in which employes or operatives are usually em- ployed at work in the third or any higher story, every tenement house or building in which rooms or floors are usually let to lodges or families, every public hall or place of amusement, every parochial or public school building, when any of such buildings are three or more stories in height, shall be provided with a permanent, safe external means of es- cape therefrom, in case of fire, indepen- dent of all internal stairways the num- f^ti^n fobe ber and location of such escapes to be determined by r size or building governed by the size of the building, and number of inmates. and the number of its inmates, and ar- ranged in such a way as to make them Description of. readily accessible, safe and adequate for (m) Act June 26, 1895, Sec. 3, page 332. 7* 106 SCHOOL LAWS AND DECISIONS Certain buildings to have two or more such es- capes. Duty of owners, trustees, etc. . to provide and cause to be securely affixed such escapes. Any escape ap- proved by the proper authority may be adopted in place of those designated. the escape of said inmates. Such escapes to consist of outside, open, iron stairway, of not more than forty-five degrees slant, with steps not less than six inches in width and twenty-four inches in length. And all of said buildings capable of ac- commodating from one hundred to five hundred or more persons as operatives, guests or inmates, shall be provided with two such stairways, and more than two stairways, if such be necessary to secure the speedy and safe escape of said in- mates, in case the internal stairways are cut off by fire or smoke. And it shall be the duty of the owner or owners in fee or for life, of every such building, and of the trustee or trustees of every estate, association, society, college, seminary, academy, hospital or asylum, owning or using any such building, and of the board of education or board of school directors having charge of any such school building, to provide and cause to be securely affixed outside of every such building such permanent external unenclosed fire escape; Provided, That nothing herein contained shall prohibit any person whose duty it is under this act to erect fire escapes, from selecting and erecting any other and different devise, design or instrument. OF PENNSYLVANIA. 107 being a permanent, safe, external means of escape, subject to the inspection and approval of the constituted authorities for that purpose (n). CXII. It shall be the duty of the board of fire commissioners in conjunction with the fire marshal of the district where such commissioners and fire marshal are elected or appointed, to first examine and test such fire escape or escapes, and, after upon trial said fire escape or es- capes should prove to be in accordance with the requirements of section one of this act, then the said fire marshal, in connection with the fire commissioners, or a majority of them, shall grant a cer- tificate approving said fire escape, there- by relieving the party or parties to whom such certificate is issued from the liabil- ities of fines, damages and imprisonment imposed by this act: Provided further, That in counties where no such fire mar- shal or fire commissioners exist, then the county commissioners in each said county shall be the board of examiners, and shall grant certificates of approval when escapes are erected in accordance with the requirements of section one of this act (o). Examination and approval of tire escnpes by fire commissioners and marshal. If approved, certificate to be granted. Effect of certi- ficate of approv- al. County commis- sioners to be board of exam- iners in certain counties. (n) Act June 3, 1885, P. L. page 68. (o) Act of June 3, 1885, P. L. page 70. 108 SCHOOL LAWS AND DECISIONS Neglect or re- fusal to comply with act declared a misdemeanor, punishable by fine or imprison- ment or both. Liability for damages sus- tained by neglect or refusal to pro- vide proper Are escapes. Criminal liability. Penalty. By whom such action may be maintained. This act not to interfere with approved escapes now in use. CXIII. That every person, corporation, trustee, board of education, and board of school directors, neglecting or refus- ing to comply with the requirements of section one of this act, in erecting said fire escape or escapes, shall be liable to a fine not exceeding three hundred dol- lars, and also be deemed guilty of a mis- demeanor punishable by imprisonment for not less than one month, or more than two months. And in case of fire occurring in any of said buildings in the absence of such fire escape or escapes, approved by certificate of said officials, the said person or corporation shall be liable in an action for damages in case of death or personal injuries sustained in consequence of such fire breaking out in said building and shall also be deemed guilty of a misdemeanor punish- able by imprisonment for not less than six months, nor more than twelve months; and such action for damages may be maintained by any person now authorized by law to sue as in other cases of similar injuries: Provided, That nothing in this act shall interfere with fire escapes now in use approved by the proper authorities (p). (p) Act June 3, 1885, P. L. page 70. OF PENNSYLVANIA. 109 CXIV. That whenever the board of di- rectors or controllers of any school dis- trict in this Commonwealth shall be un- able to procure such eligible sites for the erection of school houses therein, as they may deem expedient by agreement with the owner or owners or the land, it shall and may be lawful for the board of directors, in behalf of the district, to en- ter upon and occupy sufficient ground for the purpose, which they shall designate and mark off, not exceeding in any case one acre, and to use and occupy the same for the purpose of erecting thereon a school house, with its necessary or con- venient appurtenances; and for all dam- age done or suffered, or which shall ac- crue to the owner or owners of such land by reason of the taking of the same for the purpose aforesaid, the funds of the district which may be raised by taxation, shall be pledged and deemed as security; and it shall and may be lawful for the court of common pleas of the proper county, on application thereto by petition, either by the said school district, through the president and secretary of the board of directors, or by the owner or owners of said land, or any one of them in behalf of all, to appoint a jury of viewers, consisting of three Selection of site. Damages to be assessed. Viewers may be appointed. 110 SCHOOL LAWS AND DECISIONS discreet and disinterested citizens of said county, who shall not be the owners of property or residents in the school dis- trict in which such land is taken, as aforesaid, and appoint a time not less than twenty nor more than thirty days thereafter for said viewers to meet upon said land, of which time and place ten days' notice shall be given by petitioners to the said viewers and the other parties; and the said viewers or any of them, hav- ing been first duly sworn or affirmed faithfully, justly and impartially to de- cide, and a true report to make, concern- ing all matters and things to be submit- ted to them, and having viewed the prem- ises, they shall establish and determine the quantity and value of said land so taken, to be used for the purpose afore- said; and after having made a fair and just computation of the advantages and disadvantages, they shall estimate and determine whether any, and if any, what amount of damage has been or may be sustained, and to whom payable, and make report thereof to said court, and if damages be awarded and the report be confirmed by the said court, judgment shall be entered thereon; and if the amount thereon be not paid within thirty days after the entry of said judg- ment, execution to enforce the collec- OF PENNSYLVANIA. Ill tion thereof may be issued as in other cases of judgment against school dis- tricts; and each viewer shall be entitled to one dollar and fifty cents per day for every day necessarily employed in the performance of the duties herein pre- scribed, to be paid by such district: Pro- vided, That either party shall have the right to have reviewers appointed by said court (q). 89. The power to take compulsory pos- session of school sites should not be ex- ercised unless suitable lots cannot otherwise be obtained on reasonable con- ditions. 90. The Supreme Court has decided that improved real estate can be seized, and lots already in use can be enlarged. 91. School sites taken cannot be so'd by the directors, when no longer used "for the purpose of a school house.'"' When not necessary or used for these purposes, they revert to the original own- er, his heirs or assigns; damages only for the use, not purchase money for the (q) Act April 9, 1867, sec. 1, P. L. page 51. Reviews. 112 SCHOOL LAWS AND DECISIONS property, having been paid by the dis- trict. NOTE.— See act P. L. 1895, page 291, relating to burial grounds. a«e e n n d Vn^ioTn ay CX V- That if it shall be found, that ing districts. on account of great distance from or dif- ficulty of access to the proper school house in any district, some of the pupils thereof could be more conveniently ac- commodated in the schools of an adjoin- ing district, it shall be the duty of the- directors or controllers of such adjoining districts to make an arrangement by which such pupils may be instructed in the most convenient school of the adjoin- ing district; and the expenses of such instruction shall be paid, as may be agreed upon by the directors or control- lers of such adjoining districts by resolu- tion or agreement entered upon the min- utes of the respective boards (r). 92. Pupils cannot attend school in an adjoining school district longer than the term of their own district; otherwise they would have an unfair advantage over the other pupils of their own district; but they may attend at a different season, (r) Act May 8, 1854, sec. 23, P. L. page 622. OF PENNSYLVANIA. 113 if the two districts do not open their schools at the same time. 93. Pupils from an adjoining district are to be charged for by the month, at the same rate as it costs the district re- ceiving them, per pupil, to keep its own schools in operation. They are not merely to be paid for according to the number of days of actual attendance, but as long as their names remain on the roll and their seats are kept for them. 94. The board receiving pupils from an adjoining district, under the terms of this law, has no claim upon their parents, but only on the board of their proper district, with whom there should be a written agreement on the subject. When districts CXVI. For the purpose of erecting may contract school houses or purchasing ground whereon to erect school houses it shall be lawful for the directors or control- lers of any district to borrow money at a rate of interest not exceeding six per centum, and issued bonds therefor in sums of not less than one nundred dol- lars each (s). (S) Act May 8, 1851, sec. 22, P. L. p. 621. 8 114 SCHOOL LAWS AND DECISIONS Limitation of in- CXVII. That whenever the debt of any county, city, borough, township, school district, or other municipality or incor- porated district within this Common- wealth shall be equal to seven per centum upon the assessed value of the taxable property, as fixed by the last preceding assessed valuation therein, it shall be unlawful to increase the same, and all such increase shall be void, and any obligation issued for such increase, or any part thereof, shall be of no bind- ing force upon such municipality or dis- trict; and each of the officers thereof willfully authorizing such increase, or executing any obligation therefor, sball be guilty of a misdemeanor, and upon conviction thereof shall be fined not ex- ceeding ten thousand dollars, and under- go an imprisonment not exceeding one year, or either, at the discretion of the court trying the same: Provided, That any city, the debt of which now ex- ceeds seven per centum of such assessed valuation, may, under authority of law to be hereafter enacted, increase the same three per centum in the aggregate at any one time upon such valuation (t). (t) Act April 20, 1874, sec. 1, P. L. page 65. OF PENNSYLVANIA. 115 CXVIII. That any county, city, bor- how indebted- ough, school district, or other municipal- "leased. 7 be '" ity or incorporated district, may incur debt, or increase its indebtedness to an amount in the aggregate not exceeding two per centum upon the assessed value of the taxable property therein, as fixed and determined by the last preceding assessed valution thereof; and the cor- porate authorities of such rrunicipality may by a vote thereof, dulj recorded upon its minutes, authorize a"d direct the incurring or the increase of l 'ch debt to the amount aforesaid, and may issue May issue bonds, coupon bonds or other securities tnerefor in sums not less than one hundred dol- lars each, bearing interest at a rate not exceeding six per centum per annum, payable semi-annually, and the princi- pal thereof reimbursable at a period not exceeding thirty years from the date at which the same is authorized: and an annual tax commencing the first year after such debt shall be increased or in- curred, equal to at least eight per centum of the amount thereof, shall be forthwith assessed to provide for the payment of the interest and the liquida- tion of the principal thereof; and the moneys arising from such tax shall be applied annually, and as fast as the same 116 SCHOOL LAWS AND DECISIONS accumulates to the redemption at par of the said outstanding obligations. Be- fore issuing any such obligation or secur- ity, it shall be the duty of the principal officer, or officers, of such municipality or incorported district to prepare a statement showing the actual indebted- ness of such district, the amount of the last preceding assessed valuation of the taxable property therein, the amount of debt to be incurred, the form, number and date of maturity of the obligations to be issued therefor, and the amount of the annual tax levied and assessed to pay the said indebtedness, and he shall make certified state- and a PP en d thereto his oath or affirma- ment by officers, tion of the truth of the facts therein stated, and shall file the said statement in the office of the clerk of the court of quarter sessions of the proper county; upon failure so to do, he shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in the first section of this act. Certified copies of the record of such statement under the seal of said court shall be com- petent evidence in all the courts of this Commonwealth: Provided, That the OF PENNSYLVANIA. 117 bonds shall not be sold at less than their par value (v). CXIX. Whenever, by the returns of such election, it shall appear that there is a majority voting for "no increase of Returns of eiec- debt," such increase shall not be made, nor shall any other election upon the same subject be held in that municipal- ity for one year from the date of such preceding election. If the return of such election shall show a majority vot- ing that "debt may be increased," the corporate authorities of the municipality may increase the same to the amount named and specified in the notice given by them for the holding of such election, May issue bonds, in the manner and subject to all of the requirements provided by the second section of this act for increasing indebt- edness to an amount not exceeding two per centum, including the sworn state- ment, to be filed in the office of the clerk of the court of quarter sessions of the proper county; and they shall, before is- suing any obligation therefor, assess and levy an annual tax, the collection whereof shall commence the first year after the said increase, which tax shall be equal (v) Act April 20, 1874, sec. 2, P. L,. page 65. 118 SCHOOL LAWS AND DECISIONS Meaning of in- debtedness. Must publish de- tailed statement of indebtedness. to at least eight per centum of the amount of such increased debt, and which shall be sufficient for and be applied exclu- sively to the payment of the interest and the principal of such debt, within a pe- riod not exceeding thirty years from the date of such increase; and the moneys arising from such tax shall be applied annually, and as fast as the same accu- mulates, to the redemption, at par, of the said outstanding obligations (w). CXX. The word "indebtedness," used in this act, shall be deemed, held and taken to include all and all manner of debt, as well floating as funded, of the said municipality; and the net amount of such indebtedness shall be ascertained by deducting from the gross amount thereof, the moneys in the treasury, ail outstanding solvent debts, and all rev- enues apr" 'cable within one year to the payment of the same (x). CXX I. The corporate authorities of every such municipality or district shall annually, in the month of January, pre- pare and publish in at least two news- (w) Act April 20, 1874, sec. 4, P. L. page 67. fx) Act April 20, 1874, sec. 5, P. L. page 68. OF PENNSYLVANIA. 119 papers of said municipality, or of the county in which the same is situate, if so many be printed therein, a statement showing in detail the actual indebted- ness, the amount of the funded debt, the amount of the floating debt thereof, the valuation of taxable property therein, the assets of the corporation, with the character and nature thereof, and the date of maturity of the respective forms of funded debt thereof, and a neglect or failure so to do shall be a misdemeanor, punishable by fine not exceeding one thousand dollars (y). CXXII. That the existing indebtedness May reissue of any such municipality evidenced by outstanding bonds or certificates of in- debtedness heretofore issuer!, may be pro- vided for as the same shall mature, by a reissue of bonds or certificates of indebt- edness to the holders of said outstanding bonds or certificates, or by the issue and sale at not less than par of new bonds and certificates; and the present floating indebtedness of any such municipality, may be funded by the issue and sale at not less than par of bonds or certificates of indebtedness in sums not less than (y) Act April 20, 1874, sec. 6, P. page 68. 120 SCHOOL LAWS AND DECISIONS Longest time thirty years. How debt may be increased. Vote of citizens. one hundred dollars each: Provided, That no such bonds or certificates shall be issued for a longer period than thirty velars from the date thereof; and it shall be the duty of the proper corporate authorities of such municipality to pro- vide for the payment of principal and interest of all such bonds, in the man- ner pointed out in the fourth section of this act (z). CXXIII. The indebtedness of any county, city, borough, township, school district or other municipality or incor- porated district in this Commonwealth, may be authorized to be increased to an amount exceeding two per centum, and not exceeding seven per centum, upon the last preceding assessed valuation of the taxable property therein, with the assent of the electors thereof, duly ob- tained at a public election to be held in the said district or municipality. When- ever the corporate authorities of any county, city, borough, township, school or other municipality or incorporated dis- trict, by their ordinance or vote shall have signified a desire to make such in- crease of indebtedness, they shall give (z) Act April 20, 1874, sec. 7. P. L. page 68. OF PENNSYLVANIA. 121 notice during at least thirty days, by weekly advertisements in the newspa- pers, not exceeding three in said district; and if no newspapers be published there- in, by at least twenty printed hand bills posted in the most public parts thereof, of an election to be held at the place or places of holding the municipal elections in said district or municipality, on a day to be by them fixed, for the purpose of obtaining the assent of the electors thereof to such increase of in- debtedness. Said notice shall contain a statement statement must , be furnished. of the amount of the last assessed valua- tion, of the amount of the existing debt, of the amount and percentage of the proposed increase, and for the purposes for which the indebtedness is to be in- creased. Such election shall be held at the place, time and under the same regu- lations as provided by law for the hold- ing of municipal elections, and it shall be the duty of the inspectors and judges of such elections to receive tickets, either written or printed, from electors quali- fied under the constitution of this State to vote in such district, labeled on the outside, "Increase the debt," and contain- ing in the inside the words, "No increase of debt," or "Debt may be increased;" 122 SCHOOL LAWS AND DECISIONS also briefly, the purpose and amount of increase, and to deposit said tickets in a box provided for that purpose, as is pro- vided by law in regard to other tickets received at said election; and the tickets so received shall be counted, and a re- turn thereof made to the clerk of the court of quarter sessions of the proper county, duly certified, as is required by law, together with a certified copy of the ordinance and the advertisement; and the said clerk shall make a record of the same, and furnish a certified copy there- of, under seal, showing the result to the corporate authorities of such municipal- ity, and the same shall be placed on Election, when record upon the minutes thereof. The to be held. . , „ , . . corporate authorities of such munici- pality shall, in all cases, fix the time for holding such election on the day of the municipal or of the general election, un- less more than ninety days elapse be- tween the date of the ordinance or vote desiring such increase, and the day of holding the said municipal or general Expenses of e.iec- election. If any other dav be fixed for Hon. J * such election, the expense of holding the same shall be paid by the munici- pality, for the benefit of which it shall be held. In receiving and counting and in making returns of the votes cast, the inspectors, Judges and clerks of said OF PENNSYLVANIA. 123 election shall be governed by the laws of this Commonwealth regulating munici- pal elections; and the vote shall be counted by the court as is now provided by general laws governing municipal elections, and all the penalties of the said election laws for the violation there- of, and are hereby extended to, and shall apply to the voters, inspectors, judges and clerks voting at and in attendance upon the elections held under the pro- visions of this act (a). In regard to the refunding and re- demption of existing indebtedness, see act of May 8, 1876, P. L. page 128. CXXIV. That in all cases where any Bonds may be redeemed. school district or school directors of any such district, in this Commonwealth has, by virtue of any law or any general or special act of Assembly of this Common- wealth, issued bonds, either with or without interest coupons attached, cer- tificates or any other evidence of indebt- edness, to secure any indebtedness of any such school district it shall be lawful for the school directors, or proper offi- cers of any such school district, to re- fa) Act June 9, 1891, sec. 3, P. L. p. 254. 124 SCHOOL LAWS AND DECISIONS deem any or all of the bonds, certificates or any other evidence of indebtedness so issued as aforesaid, before or after the maturity thereof, with the consent of the holders thereof, and for the purpose of redeeming or paying any such bonds, certificates or other evidences of indebt- edness, to issue new bonds therefor, pay- able at any time not exceeding twenty years after the date thereof, at the same or any lower rate of interest, with cr without interest coupons attached, and not exceeding in the aggregate amount the amount of the bonds, certificates or other evidences of indebtedness so re- deemed or paid (b). CXXV. That the school directors of the several school districts in this Com- monwealth, except in cities of the first, second and third class, be and they are hereby authorized to issue bonds, with or without coupons attached, to redeem the present indebtedness of the respec- tive districts, where the indebtedness is due or payable, at the option of the said Bonds may be boards, at a lower rate of interest, re- redeemed at a lower rate of deemable, at the option of said school interest. (b) Act May 10, 1881, sec. 1, P. L. page 16. OF PENNSYLVANIA. 125 directors, at any time after two years from the date thereof, and payable in twenty years from the date thereof, inter- est payable semi-annually; which bonds shall be exempt from all taxes, except for state purposes, and shall not be sold at less than par by said school board (c). CXXVI. That all bonds, notes or cer- tificates of indebtedness heretofore is- sued by any board of school directors in the districts aforesaid, to fund floating debt, or refund a refunded debt at a lower rate of interest, be and the same are hereby declared to be valid and bind- ing, as fully and effectually as though they had been specially authorized by statute: Provided however, That this act shall not affect any cases that may now be pending in any of the courts of this Commonwealth (d). CXXVII. That in all cases where any founty, city (except cities of the first and second classes), boroughs, municipal- ity or school district in this Common- wealth, has, by virtue of any general or special act of Assembly, issued bonds or (c) Act May 26, 1881, sec. 1, page 34. (d) Act May 26, 1881, sec. 2. P. L. page 34. 126 SCHOOL LAWS AND DECISIONS other interest-bearing evidences of in- debtedness, with or without interest cou- pons attached, to secure any indebted- ness of any such county, city, borough, municipality or school district, it shall be lawful for any such county, city (ex- cept cities of the first and second classes), boroughs, municipality or school district, to redeem or pay off any or all of the bonds or other interest-bearing evidences of indebtedness so issued, which may be matured or payable, or whenever any county, city (except cities of the first and second classes), borough, municipality or school district shall have the option to redeem or pay any such bonds or interest-bearing evidences of indebtedness, and for that purpose shall have the right to issue and sell bonds either with or without coupons attached, bearing interest not exceeding six per centum per annum, redeemable at the option of the county, city, borough, mu- nicipality or school district, issuing the same, in five years, and payable at any time, not exceeding twenty years after the date thereof, and not exceeding in the aggregate amount of the bonds or other indebtedness so redeemed or paid, and the said bonds so issued or sold, OF PENNSYLVANIA. 127 in accordance with the provisions of this act, shall be exempt from taxation, ex- cept for state pin poses (e). CXXVIII. That the holders of any Right to surren- der bonds. bonds or evidences of indebtedness as aforesaid, which may be matured or pay- able, or which may be payable or re- deemable at the option of any county, city (except cities of the first and second classes), borough, municipality or school district, but which may not be matured or payable, shall first have the right to sur- render said bonds and receive bonds, is- sued under the provisions of this act, in like amount in lieu thereof, and notice shall be given of the right of the holder of such bonds to surrender the same and accept bonds issued under this act, by publication for three weeks, in at least Publication re- one newspaper published in the county, quired, and in case of a city, borough, munici- pality or school district, by like publica- tion in at least one newspaper published in the county in which the said borough, municipality or school district may be (e) Act April 14, 1881, sec. 1, P. L. page 10. 128 SCHOOL LAWS AND DECISIONS Section 4, act of April 20, 1874, cited for amend- ment. located, before any bonds shall be sold under the first section of this act (f) CXXIX. Be it enacted, &c„ That sec- tion four of an act of assembly, entitled, "An act to regulate the manner of in- creasing the indebtedness of municipali- ties, to provide for the redemption of the same, and to impose penalties for the il- legal increase thereof," approved the twentieth day of April, Anno Domini one thousand eight hundred and seventy- four, which reads as follows: "When- ever, by the returns of such election, it shall appear that there is a majority voting for 'no increase of debt,' such in- crease shall not be made, nor shall any other election upon the same subject be held in that municipality for one year from the date of such preceding election. If the return of such election shall show a majority voting that 'debt may be in- creased,' the corporate authorities of the municipality may increase tht* same to the amount named and specified in the notice given by them for the holding of such election, in the manner and sub- ject to all the requirements provided by (f) Act April 14, 1881, sec. 2, P. L. page 11. OF PENNSYLVANIA. 129 the second section of this act for increas- ing indebtedness to an amount not ex- ceeding two per centum, including the sworn statement, to be filed in the office of the clerk of the court of quarter ses- sions of the proper county; and they shall, before issuing any obligation there- for, assess and levy an annual tax, the collection whereof shall commence the first year after the said increase, which tax shall be equal to at least eight per centum of the amount of such increased debt, and which shall be sufficient for and applied exclusively to the payment of the interest and principal of such debt, within a period not exceeding thirty years from the date of such increase; and the moneys arising from such tax shall be applied annually, and as fast as the same accumulates, to the redemption, at par, of the outstanding obligations," shall be and is hereby amended so as to read as follows: CXXX. Whenever, by the returns of such election, it shall appear that there is a majority voting for "no increase of debt," such increase shall not be made. Nor shall any other election upon the same subject be held in that municipality for one year from the date of such pre- 9 When debt shall not be increased. Election on same subject. 130 SCHOOL LAWS AND DECISIONS When and to what amount debt may be in- creased. Sworn statement. Tax to be as- sessed. Amount and ap- plication of tax. Redemption of obligations. ceding election. If the return of such election shall show a majority voting that "debt may be increased," the cor- porate authorities of the municipality may increase the same to the amount named and specified in the notice given for the holding of such election for in- creasing indebtedness, to an amount not exceeding two per centum, including the sworn statement to be filed in the office of the court of quarter sessions of the proper county; and they shall, before issuing any obligations therefor, assess and levy an annual tax, the collection whereof shall commence the first year after the said increase, which tax shall be equal to and sufficient for and applied exclusively to the payment of the inter- est and the principal of such debt within a period not exceeding thirty years from the date of such increase; and the moneys arising from such tax shall be applied, at such periods as the munici- pality may stipulate in such obligations, to the redemption, at par, of the said outstanding obligations according to their terms (g). Sec. 2. All acts or parts of acts incon- (g) Act April 18, 1895, sec. 4, page 37. OF PENNSYLVANIA. 131 sistent herewith be and the same are Repeal, hereby repealed. CXXXI. In all cases where real estate has been or is held by the trustees for the general use of the neighborhood as a school house or its appendages, and the same has been or shall be conveyed to the school district by the surviving trustees, such conveyance shall be as valid to pass the legal estate in the prem- ises to such school district as if executed by all of them, pursuant to the fourteenth section of the act of thirteenth June. Anno Domini one thousand eight hun- dred and thirty-six (h). CXXXII. They shall exercise a gen- to visit monthly, eral supervision over all the schools of their respective districts, and shall by one or more of their number, visit every school in the district at least once in each month, and shall cause the result of such visit to be entered on the min- utes of the board (h). CXXXIII. They shall have the ap- To appolnt and pointment of all the teachers of common anTtlx Sy 6 " schools in the district, fix the amount of teachers' salaries, and may dismiss them (h) Act May 8, 1854, sec. 23, P. L. page 622. 132 SCHOOL LAWS AND DECISIONS Teachers of certain grades may be elected for two and three years. Dismissal for cause. at any time for incompetency, cruelty, negligence or immorality (h). CXXXIV. That on and after the pass- age of this act, local school boards of the various townships, boroughs and wards, and boards of education, boards of con- trol and other bodies having authority under the laws of this Commonwealth, to elect principals and assistant teachers of public, high and State normal schools of said Commonwealth, may elect prin- cipals and assistant teachers, holding the grade of "professional certificates," for two successive school terms, and those holding the grade of "permanent certifi- cates," or diplomas, issued by state nor- mal schools of this Commonwealth, for three successive school terms: Provided, That any of the aforesaid boards shall have power, at any time, to dismiss any principal or assistant teacher in their employ, for any of the causes mentioned in the act of May eight, one thousand eight hundred and fifty-four, of the schools of this Commonwealth (i). (h) Act May 8, 1854, sec. 23, P. L. page 622. (i) Act June 25, 1885, sec. 1, P. L. pa?e 175. OF PENNSYLVANIA. 133 Whereas, It is important that all ap- pearances of sectarianism should be avoided in the administration of the pub- lic schools of this Commonwealth. CXXXV. That no teacher in any public wearing of any „,,._. ,,, , ,, religious dress or school of this Commonwealth shall wear emblem by teacb- . - , , , ., , , . ., er iii public in said school or whilst engaged m the schools pro- performance of his or 'her duty as such blt " ted - teacher any dress, mark, emblem or in- signia indicating the fact that such teacher is a member or adherent of any religious order, sect or denomination (k). CXXXVI. That in case of viola- penalties for tion of the provisions of the first section provisionsof of this act by any teacher employed in any of the public schools of this Com- monwealth, notice of which having been previously given to the school board em- ploying such teacher that it shall be the duty of such school board to perma- nently suspend such teacher for employ- ment in such school for the term of one year, and in case of a second offense by the same teacher it shall be the duty of said school board to permanently dis- qualify such teacher from teaching in said school, and any public school di- thls :ict. (k) Act June 27, 1895, sec. 1, page 39o. 134 SCHOOL LAWS AND DECISIONS rector failing to comply with the provi- sions of this act shall be guilty of a mis- demeanor and shall be punishable, upon conviction of the first offense, by a line not exceeding one hundred dollars, and in case of a second conviction or the violation of the provisions of this act, the offending school director shall be punished by a fine not exceeding one hundred dollars and shall be deprived of his or her office as a public school di- rector. A person thus twice convicted shall not be eligible to appointment or election as a director of any public school in this State within a period of five years from the date of his or her second con viction (1). 95. No teacher should be employed without a printed or written agreement. Innumerable difficulties spring from the neglect of this measure. The printed form at the end of this digest should be used. 96. The certificate is a safe guide in selecting teachers in regard to profes- sional standing, and the grading of the (1) Act June 27, 1895, sec. 2, page 395. OF PENNSYLVANIA. 135 salaries in proportion to the figures in the certificate is a wise and beneficial rule. The simple rule of accepting those with the best certificates — moral charac- the being right — will soon exclude the incompetent and render the task of selec- tion easy. 97. The employment of a teacher with- out a valid certificate is illegal, for the law says elsewhere, "no teacher shall be employed in teaching any branch of learning other than those enumerated in his or her certificate." See Sec. CCLL, p. 240. 98. Family, political or church influ- ence should never be permitted to swerve a director from the line of duty, in the selection of teachers. These have often been the bane of the exercise of the office in this its highest function. 99. The jurisdiction and authority of the teacher over the pupil are neither limited by the school house walls, nov to the time the school is actually in session. As a general rule, in all matters legiti- 136 SCHOOL LAWS AND DECISIONS mately connected with the schools and the manners and morals of the scholars, the teacher's jurisdiction, conjointly with that of the parent, commences when pu- pils leave the parental roof and control to go to school, and continues until thoir return from school. The teacher, how- ever, is not responsible for the miscon- • duct of pupils on the way to and from school, though he has the right to pun- ish for such misconduct, when brought to his knowledge. 100. The teacher is to bestow equal and impartial attention on all children placed under his charge; to be undeviating in adherence to a firm, uniform and moder- ate system of discipline; and to pay most especial regard to the morals, hab- its and general behavior, as well as men- tal instruction of his pupils. The relig- ious predilections of pupils and their pa- rents or guardians should be sacredly re- spected, sectarian instruction not being the province of the school teacher, but OF PENNSYLVANIA. 137 of the parent or guardian, and the spir- itual teacher selected by him. 101. The teacher should govern his school by appeals to the reason and better feelings of his pupils if possible. But a teacher in the common schools stands in place of a parent to a pupil, and may administer correction to him under the same restrictions as in the case of a parent. 102. The right of a teacher to inflict such punishment is founded upon the necessity of the case and not upon sta- tute. It is absolutely necessary that good order should be maintained in the schools, and that all proper rules, regu- lations and commands of the teacher should be strictly and promptly obeyed. Hence a necessity exists for sufficient power to enforce this duty, and there- fore it is held that the teacher may in- flict such reasonable corporal punish- ment upon the pupil as the parent might inflict for a similar cause. 103. The removal of teachers is in all 9* 138 SCHOOL LAWS AND DECISIONS cases to be very cautiously effected. The law specifies the causes for dismissal; and it is alike due to the dignity of *he board and the rights of teachers that no one should be displaced except on tne clearest proof and after thorough investi- gation, if necessary. A teacher w.onged in this respect can seek redress by a suit against the board for damages. 104. Dismissal of a teacher is of two kinds; from employment by the direc- tors, and from the profession by the county superintendent. 105. If charges of incompetency, cru- elty, negligence or immorality be made against the teacher, a hearing should take place and a full investigation in the presence of the teacher be granted, with reasonable notice to prepare for his de- fense, and the result be entered on the minutes. monthly rePOTt* 5 CXXXVII. That it shall be the duty of every teacher employed under the provi- sions of this act to make out and file with the board of directors or controllers of the district, at the end of each month OF PENNSYLVANIA. 139 a report setting forth the whole number of pupils attending school during the month, designating whether male or fe- male, the number of days each attended, the books used and branches taught; and until such reports shall bave been made it shall not be lawful for the board of directors to pay said teacher for his or her services. The reports made in pur- suance of the foregoing provision shall T o be tiled and be regularly filed by the secretary of the ^j^ pub,ic board of directors or controllers, and sball at all times be subject to the inspec- tion of any citizen of the district (m). 106. The monthly report books have been improved from time to time, and they are now believed to embrace ail that is necessary. Unless they are properly and regularly kept it will be impossible to obtain and furnish that statistical view of the schools so necessary to their own improvement and the public inform- ation. CXXXVIII. They shall direct what To direct studies and expel pupils branches of learning shall be taught in tor misconduct. (m) Act May 8, 1854. sec. 27, P. L. page 623. 140 SCHOOL LAWS AND DECISIONS each school, and what books shall be used, agreeably to the provisions of the twenty-fifth and thirty-eighth sections of this act, and may suspend or expel from the school all pupils found guilty, on full examination and hearing of re- fractory or incorrigibly bad conduct (n). 107. The branches of orthography, read- ing, writing, arithmetic, geography, gram- mar, United States history and physiol- ogy and hygiene are peremptorily re- quired to be taught in every district. In addition to these the law elsewhere per- mits and enjoins provision for instruction in "such other branches as the board of directors or controllers may require." See Sec. CCXLIII. Series of school CXXXIX. That immediately after the how k seiIc h tld and annual election of teacher in each school district of the State, and before the open- ing of the schools for the ensuing term, there shall be a meeting of the directors or controllers and teachers of each dis- trict; at which meeting the directors or controllers shall decide upon a series of (n) Act May 8, 1854, sec. 23, P. L. page 622. OF PENNSYLVANIA. 141 school books, in the different branches N o others to be to be taught during the ensuing year; used - which books, and no other, shall be used in the schools of the district during said period (o). CXL. That school directors or con- Free text books ., , ,, , , , and supplies. trollers shall purchase text books and other necessary school supplies for use in the public schools of their respective school districts as such new text books and supplies are required, in addition to those at present in use in the hands cf pupils, or owned by the school districts, out of the school fund of the district, and when so procured the necessary books and school supplies shall be furnished free of cost for use in the schools of said district, subject to the orders of the di- rectors or controllers thereof, whose duty it shall be to provide for the return of and for the safe keeping and care of the books, which shall be returned at the close of the annual school term in each year, or as the board may direct (p). CXLI. That the board shall keep an ac- (o) Act May 8, 1854, sec. 25, P. L. pag* 623. (p) Act May 18, 1893, sec. 1, P. I,, page 93. 142 SCHOOL LAWS AND DECISIONS Boards must count of all moneys expended under the accou S Qis arate above section and report it under sepa- rate item in the annual financial ac- counts as authorized by law (q) 108. It is now the imperative duty of the several boards of directors and con- trollers to make provision for furnishing and equipping their schools with school books and with the supplies generally needed by the pupils for daily use in the schools, such as slates, pencils, papers, pens, ink, tablets, &c. There may be instances in which the patrons of the schools will cause their children to use the books in their pos- session so long as these books are in good condition and do not differ from those adopted by the board. It is well, how- ever, in this connection, for school offi- cers, and all other parties concerned, to bear in mind the fact that, parents and children cannot be required or compelled to purchase books directly as heretofore; and whilst it is no doubt wise to urge (q) Act June 25, 1885, sec. 2, P. L. page 173. OF PENNSYLVANIA. 143 the pupils to use the books in their pos- session, for the purpose of lessening the immediate outlay of money, they cannot be obliged to use their own books, be- cause the duty of providing bocks and supplies for the use of the schools now devolves upon the directors and control- lers having jurisdiction in the district, and not upon the patrons of the schools, except in so far as they may be lawfully taxed for school purposes, thereby con- tributing their equitable share to the general school fund of the district. Books in all the required branches of study are to be provided by the directors and for all grades of the public schools, including the high school. 109. The only limit to the course of in- struction in a common school is that set by the wants of the pupils and the uis- cretion of the board. The higher branches of learning should not, how- ever, be introduced, either in mixed schools, or in those of grades established for the purpose, till full provision has 144 SCHOOL LAWS AND DECISIONS been made for the instruction, in the rudimental branches above named, of ail who need them. 110. Suspension is the separation of the pupil for a limited time from the school, and it may be either for bad conduct, for absence, or as a sanitary measure. 111. A teacher may suspend a pupil until the board can be called togecher to act upon the matter; but suspension for a definite time, as a punishment, can only be inflicted by the board, say for a month or the remainder of the term; and is only to take place after full ex- amination and hearing, a note of which is to be put on the minutes of the board. Books may be CXLII. That hereafter the board of di- threTyear n 8 ce '" rectors of any district, the controllers in cities and boroughs, or any school super- intendent, shall not order or direct, or make any change in the school books or series of text-books used in any school under his or their superintendence, di- rection, or control, more than once in every period of three years; and any laws or parts of laws inconsistent here- OP PENNSYLVANIA. 145 with, be and the same are hereby re- pealed (r). CXLIII. Any school director, controller Penaltyfor viol or superintendent, who shall violate the "on of law. provisions of this act, shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be sentenced by the court to pay a fine, not exceeding two hundred dollars, and that he be deprived of his office (s). 112. The power of selecting the. books to be used by the pupils is left by law ex- clusively in the hands of the directors, with that of prescribing the branches to be pursued in the schools. But consulta- tion with teachers on the text-books to be used is a legal requirement. 113. The addition of a new work on some branch introduced after the annual meeting prescribed, is legal; otherwise it would not be practicable to introduce new studies or branches of study, as the (r) Act May 26, 1871, sec. 1, P. L. page 280. (s) Act May 26, 1871, sec. 2, P. L. page 280. 10 146 SCHOOL LAWS AND DECISIONS pupils advance, but only at the beginning of each school year. 114. The scriptures come under the head of text-books, and they should not be omitted from the list. 115. Sectarian works and all books of controversial or immoral tendency should be excluded. The common school is no place for controversy or the implanting of the habit of it, either on religious or political subjects; much less for books or lectures of questionable morality. cannot act as CXLIV. That it shall not be lawful agents. j or ^ e coun ty superintendents, directors or controllers, or any other person offi- cialy connected with the common school system, to become agents for the sale, or in any way promote the sale, of any school books, maps, charts, school appa- ratus or stationery, or to receive com- pensation for such sale, or promotion of sale, in any manner whatsoever, and any violation of the provisions of this section shall be deemed a misdemeanor, and punishment with a fine or imprison- ment (t). (t) Act May 8, 1854, sec. 26, P. L. p 623. OF PENNSYLVANIA. 147 CXLV. That it shall not be lawful for no pecuniary any director or president of any school interes1 board in this Commonwealth to be inter- ested in the furnishing of books or any other supplies for said school (v). 116. No book-seller who is a director can legally be the agent of a publisher for the introduction and supply of books, stationery, etc., to the board without in- curring the penalties of the law, nor can a board of directors enter into a contract with its members to build, repair or fur- nish school houses. 117. The law expressly prohibits super- intendents and other persons officially connected with the common school sys- tem from acting as agents for the sale of school books, maps, charts, school appa- ratus or stationery, and from promouug in any way the sale of such articles and publications, or receiving compensation for their sale or promotion of their sale. The terms ot tne law are clear and spe- (v; Act May 11, 1862, sec. 17 P. L. page 475. 148 SCHOOL LAWS AND DECISIONS cine on this point, and the penalties for its violation severe. Any person hold- ing a commission as a superintendent of schools cannot legally become an agent for the sale of school books or supplies of any kind for the use of the schools, or have a pecuniary interest in the sale of the same in his own district or else- where within this Commonwealth. May grade the CXLVI. The directors and controllers schools. of the respective districts shall have power to establish schools of different grades, and to determine into which school each pupil shall be admitted (w). 118. The duty of grading the schools is as obligatory upon directors, in districts admitting of this arrangement, as it is to establish them in sufficient numbers to educate all of proper age, who may apply. 119. In towns and densely populated school districts, the grading of the schools not only secures the better and (w) Act May 8, 1854, sec. 23, P. L. page 622. OF PENNSYLVANIA. 149 more speedy instruction of the pupils, and, if properly arranged, decreases the expenses of the district in proportion to the amount of instruction imparted, but it elevates the common school plan of education by enabling it to impart all the instruction the pupil requires, until such time as he is of proper age to leave home in pursuit of higher attainments. Ungraded common schools are imperfect, and should only be tolerated wbile the circumstances of the district render grading impossible. 120. The school law does not prescribe the hour when schools shall be opened, nor the number of hours during which they shall be kept open. Custom, it is true, fixes the period somewhere between the hours of eight a. m., and five p. m., but this custom may be departed from, at the discretion of the directors, and to suit the wants of the pupils. CXLVII. They shall pay all necessary Pay aU necessary expenses of the schools by drafts on the ex ^ enses - district treasurer, signed by the presi- dent, and attested by the secretary of the 150 SCHOOL LAWS AND DECISIONS board, the same being entered on the minutes (x). 121. Every order on the district treas- urer, to be strictly legal, should be au- thorized to be issued by a vote of the board in meeting, express on its face the purpose for which it was issued, and be signed by the president, and attested by the secretary. 122. Directors may legally pay for sta- tionery, advertising for teachers, print- ing blank orders, articles of agreement, etc., out of the funds of the district. Also, all postage upon official business. 123. If the teacher's salary be not paid when due and demanded, it will be on .nterest against the district from the date of demand. statement* to ba CXLVIII. That it shall be the duty of f urn Bhed to each k oar( } f school directors in the sev- audltors. eral school districts of this Common- wealth, annually at the close of the school year, to place in the hands of the proper auditors, a full certified state- (x) Act May 8, 1854, sec. 23, P. L. page 622. OF PENNSYLVANIA. 151 ment, itemized, of their receipts and ex- penditures for the past year, including the assets and liabilities of the district of all kinds, with all books, papers and vouchers relating to the same, to be by- said auditors examined, and, if found to be correct, approved; such statement to be spread upon the minutes of the board of directors, and in a condensed, but fully classified form, published by said Publication, board in not less than ten written or printed handbills, to be put up in the most public places in the district, or, if deemed preferable, in the two newspa- pers of the county in which the district is situated having the larg- est circulation among the citizens inter- ested; and for any neglect or failure to perform the duties enjoined by this act the officers named therein shall be deemed guilty of a misdemeanor, pun- ishable by a fine not exceeding three hundred dollars, to be paid into 'the school fund of the district in which tbe offense shall have been committed (y). CXLIX. That the publication of the Kepeai. accounts of school boards, herein pro- vided for, shall be in lieu of all other fy) Act May 8, 1876, sec. 1, P. L. p. 91. 152 SCHOOL LAWS AND DECISIONS publications of said accounts now re- quired by law; and all acts or parts of acts (inconsistent herewith be and they are hereby repealed: Provided, That the provisions of this act shall not ex- tend to cities of the first class (z). 124. In preparing the annual statement for publication, minute details of all the items need not be given. This would render it uselessly troublesome to pre- pare and expensive to publish. Such general results and classified items as will enable the citizens of the district to fully comprehend the proceedings of the board, are all that the law requires. The statistics of the schools — such as the number of pupils, number in actual attendance, etc. — may be added if the board think proper, but the law does not require it. Noracedistinc- CL - That hereafter it shall be un- tion - lawful for any school director, superinten- dent or teacher to make any distinction fz) Act May 8, 1876, sec. 2, P. L. page 92. OF PENNSYLVANIA. 153 whatever, on account of, or by reason of the race or color of any pupil or scholar who may be in attendance upon, or seek- ing admission to, any public or common school, maintained wholly or in part un- der the school laws of this Common- wealth (a). CLI. That the twenty-fourth section of an act of Assembly, approved the eighth day of May, Anno Domini one thousand eight hundred and fifty-four, entitled "An act for the regulation and continuance of a system of education by common schools," which section is as follows: "That the directors or controllers of the several districts of the State are hereby authorized and required to establish with- in their respective districts, separate schools for the tuition of negro and mu- latto children, whenever such schools can be so located as to accommodate twenty or more pupils; and whenever such sepa- rate schools shall be established, and kept open four months in any year, the direc- tors or controllers shall not be compelled to admit such pupils into any other schools of the district: Provided, That in cities or boroughs, the board of con- trollers shall provide for such schools, out (a) Act June 8, 1881, sec. 1, P. L. p. 76 154 SCHOOL LAWS AND DECISIONS Repeal. Make annual re- port to county superintendent. of the general funds assessed and col- lected by uniform taxation for educa- tional purposes," be and the same is hereby repealed (b). CLII. Each board of directors and con- trollers shall annually, on or before the first Monday in June, make a report to the county superintendent, setting forth the number and situation of the schools in their district; the character of the teachers, designating whether male or female; the number and sex of the schol- ars admitted during the year; the num- ber of months in the year during which each school shall have been open; the amount of school tax levied and collected; the cost of school houses, either for build- ing, renting or repairing, and all other expenses which may have been incurred in the maintaining the school for their districts, together with such other infor- mation as may be beneficial to forming a just estimate of the operation of the school system (c). 125. A district failing altogether to forward its annual report for any school (b) Act June 8, 1881, sec. 2, P. L. p. 76. (c) Act May 8, 1854, sec. 23, P. L. p. 622. OF PENNSYLVANIA. 155 year will forfeit its share of State appro- priation for that school year. CLIII. That as SOOn as the Schools Of Duties of presi- dent of boards. any district shall have closed for the school year, commencing on the first Mon- day in June preceding, the president of the board of directors or controllers shall certify under oath or affirmation, as to the whole number of months the schools, in their respective districts, have been kept open and in operation, according to law; also that no teacher has been em- ployed for or had charge of any of the schools of said district during the year, who had not a valid certificate from the county superintendent, together with the name and postoffice address of the district treasurer, and shall forward the same to the county superintendent, who shall im- And of county ,. , , ., ,.„ .„ superintendenis. mediately approve said certificate, if found to be correct, and transmit it to the State Superintendent of Common Schools; if it shall appear, by said certifi- cate, that the schools of the district have been kept open, and in operation, accord- ing to law at least four months subse- quent to the first Monday in June preced- ing, and that no teacher has had charge of any of the schools of the district, dur- ing the whole time they have been kept 156 SCHOOL LAWS AND DECISIONS Warrants for State appropria- tion. Minimum term stx months. open during the year, who had not a valid certificate from the county superinten- dent, the State Superintendent shall draw his warrant upon the State Treasurer for the whole amount which such district is entitled to receive from the annual State appropriation: Provided, That the board of directors or controllers shall, at the same time forward to the county superin- tendent a report of the condition of the schools, in their respective districts, as directed in the twenty-third section of the act of May eighth, one thousand eight hundred and fifty-four: And provided further, That said certificate and report shall have been transmitted to the Su- perintendent of Common Schools on or before the fifteenth day of July, of the school year succeeding the one for which the certificate and report were made (d). CLIV. That the minimum school term shall be six months, and after the close of the school year ending on the first Mon- day of June, one thousand eight hundred and eighty-seven, school directors and controllers shall keep the schools of their respective districts in operation at least six months each year: Provided, That (d) Act April 17, 1865, sec. 3, P. L. p. 62. OP PENNSYLVANIA. 157 the length of the annual term may re- main as at present in districts where T .te maximum amount of tax allowed by law to be levied for school purposes shall be found insufficient to keep the schools open a greater length of time (e). CLV. That a common school month scbooi month shall hereafter consist of twenty days' ac- tual teaching, and no school shall be kept open in any district for the purpose of ordinary instruction on any Saturday or on any legal holiday, or in any county during the time of holding the annual county institute therein (f). CLVI. That the following days and half Legal holidays, days, namely: The first day of January, commonly called New Year's day; the twenty-second day of February, known as Washington's birthday; Good Friday; the thirtieth day of May, known as Me- morial day; the fourth of July, called In- dependence day; the first Saturday of September, known as Labor day; the first Tuesday after the first Monday of Novem- ber, Election day; the twenty-fifth day of December, known as Christmas day, and every Saturday, after twelve o'clock noon until twelve o'clock midnight, each of (e) Act May 19, 1887, sec. 1, P. L. p. 139. (f) Act June 25, 1885, sec. 1, P. L. p. 176. 158 SCHOOL LAWS AND DECISIONS which Saturdays is hereby designated a half holiday and any day appointed or recommended by the Governor of this State or the President of the" United States as a day of thanksgiving or fasting and prayer, or other religious observance, shall, for all purposes whatever as re- gards the presenting for payment or ac- ceptance, and as regards the protesting and giving notice of the dishonor of bills draffs 8 wh2n due. of exchange, checks, drafts and promis- sory notes made after the passage of this act be treated and considered as the first day of the week, commonly called Sun- day, and as public holidays and half holidays, and all such bills, checks, drafts and notes otherwise presentable for ac- ceptance or payment on any of the said days, shall be deemed to be payable and be presentable for acceptance or payment on the secular or business day next suc- ceeding such holiday or half holiday, ex- cept checks, drafts, bills of exchange and promissory notes payable at sight or on demand which would otherwise be pay- able at any half holiday Saturday, shall be deemed to be payable at or before twelve o'clock noon of such half holiday: Provided however, That for the purpose of protesting or other- wise holding liable any party to any OF PENNSYLVANIA. 159 bill of exchange, check, draft or promis- sory note, and which shall not have been paid before twelve o'clock noon of any Saturday designated a half holiday, as aforesaid, a demand or acceptance or payment thereof, shall not be made, and notice of protest or dishonor thereof shall not be given until the next succeeding secular or business day: And provided further, That when any person, firm, cor- poration or company shall, on any Satur- day designated a half holiday, receive for collection any check, bill of exchange, draft or promissory note, such person, firm, corporation or company shall not be deemed guilty of any neglect or omis- sion of duty nor incur any liability in not presenting for payment or acceptance or collection such check, bill of exchange, draft or promissory note on that day: And provided further, That in construing this section, every Saturday designated a half holiday shall, until twelve o'clock noon, be deemed a secular or business day, and the days and half holidays afore- said so designated as holidays and half holidays shall be considered as pub- lic holidays and half holidays for all purposes whatsoever as regards the transaction of business: And provided further, That nothing herein contained 160 SCHOOL LAWS AND DECISIONS shall be construed to prevent or in- validate the entry issuance, service or execution of any writ, summons, con- fession of judgment, or other legal process whatever, on any of the Saturday after- noons herein designated as holidays, nor to prevent any bank from keeping its doors open or transacting its business on any of the said Saturday afternoons if, by a vote of its directors, it shall elect to do so (g). when legal hoii- CLVII. Whenever the first day of Janu- sunday" UP ° n ar y> the twenty-second day of February, the fourth day of July, or the twenty-fifth day of December, shall, any of them, occur on Sunday, the following day, Mon- day, shall be deemed and declared a pub- lic holiday. All bills of exchange, checks, drafts or promissory notes falling due on any of the Mondays so observed as holi- days shall be due and payable on the next succeeding secular or business day, and all Mondays so observed as holidays shall, for all purposes whatever as regards the presenting for payment or acceptance, and as regards the protesting and giv- ing notice of the dishonor of bills of ex- change, checks, drafts and promissory notes made after the passage of this act, (g) Act May 31, 1893, sec. 1, P. L. p. 183. OF PENNSYLVANIA. 161 be treated and considered as the first day of the week, commonly called Sunday. When the thirtieth day of May falls on Sunday, the day preceding it, Saturday, shall be observed as the holiday, and payment of bills of exchange, checks, drafts and promissory notes due and pay- able on such holiday shall be made on the next succeeding secular or business day (h). CLVIII. All bills of exchange, checks, drafts and promissory notes made after the passage of this act which, by the terms thereof, shall be payable on the first day of the week, commonly called Sunday, shall be deemed to be and shall be payable on the next succeeding secular or business day (i). CLIX. That all the days and half days herein designated as legal holidays shall be regarded as secular or business days for all other purposes than those mentioned in this act (k). Note. — The several boards of directors may determine for themselves in all cases which days designated by law as public (h) Act May 31, 1893, sec. 2, P. L. p. 190. (i) Act May 31, 1893, sec. 3. P. L. p. 190. Ik) Act May 31, 1893, sec. 4, P. L. p. 190. 11 162 SCHOOL LAWS AND DECISIONS holidays shall be observed as school holi- days in their respective districts. In case the schools were open for regular instruction the time can be counted, re- ported and paid for the same as other days constituting a school month. REVENUES FOR SCHOOL PURPOSES. Fines. Fines for intoxi- CLX. Any person who shall be found Ci,tion - intoxicated in any street, highway, public house, or public place, shall be fined upon the view of or upon proof made before any mayor, alderman, or justice of the peace, two dollars, to be levied, with the proper costs, upon the goods and chattels of the defendant, which shall be paid to the treasurer of the school district where such conviction is had, by the magistrate collecting the same (1). State Appropriation. 126. The amount of State appropriation due each district is based upon the num- (1) Act March 31, 1856, sec. 29, P. L. p. 207, and act April 20, 1858, sec. 22, P. L. p. 370. OF PENNSYLVANIA. 163 ber of resident taxables, as certified by tbe county commissioners at each tri- ennial assessment, and is paid by warrant of the State Superintendent, on the re- ceipt at Department of Public Instruction of the certificate of the president and sec- retary, approved by the county superin- tendent, that the schools have been kept open, "according to law, etc.," accom- panied by the statistical report of the school operations during the year. The annual report and certificate required by law should be forwarded at the same time to the Department. By strict construction, the words "ac- cording to law," would imply that any violation of the law in the operation and conduct of the schools of a district, would work a forfeiture of its State appropria- tion, and most especially if, after due no- tice from the county superintendent, the directors continue to neglect or refuse to employ competent teachers to teach all the branches required by law, viz: Or- thography, reading, writing, English grammar, geography, arithmetic, history 164 SCHOOL LAWS AND DECISIONS of the United States, and physiology and hygiene. Assessment of Taxes. Determine CLXI. That the school directors or con- amount of school trollers of every district shall annually, tfiX . and by the votes of not less than a ma- jority of the members of the board, de- termine the amount of school tax which shall be levied on their district for the ensuing school year, which shall, together with such additional sums as the district may be entitled to receive out of the State appropriation, and from other sources, be sufficient and necessary to keep the schools of the district in opera- tion not less than four nor more than ten months in the year (m). 127. A continuous annual term is now obligatory in every school district in the State. Levy and appor- CLXII. That the board of directors or controllers shall annually proceed to levy and apportion the said school tax, pursu- (m) Act of May 8, 1854, sec. 28, P. L. p. 623, as amended by Act April 9, 1872, sec. 1, P. L. p. 46, and act May 19, 1887, sec. 1, P. L. p. 139. OF PENNSYLVANIA. 165 ant to this act (not exceeding the amount of State and county taxes authorized by law to be assessed), on all objects, persons or property, made taxable for State or county purposes, and that all the taxes levied and assessed, by the directors or controllers, within each school year, shall be contained in the same duplicate (n). CLXIII. That the organization of each when board to board of school directors, as provided by the twelfth section of the act of the eighth of May, one thousand eight hun- dred and fifty-four, shall be within ten days of the first Monday of June in each year: And provided further, That the when tax to be levied. school tax for each year shall not be lev- ied until after such organization, and be- fore the first of July of each year (o). 128. The amount of tax to be collected within the current school year cannot be fixed by vote of the board, until between the date of the regular organization there- of and the first day of July of that school year. The school tax for each year is to be levied during the month of June, and the duplicate should be made out and (n) Act May 8, 1854, sec. 30, P. L. p. 624. (o) Act April 22, 1863, sec. 1, P. L. p. 523. 166 SCHOOL LAWS AND DECISIONS put into the hands of the collector as soon thereafter as practicable. 129. Assessment after the first day of July is, however, legal, and has been so decided. But the better way is to comply with the law literally. 130. The resolution fixing the amount and designating the purposes of the tax should be in writing and entered on the minutes. 131. School tax is to be levied but once a year; and the building tax, if any is required, must be levied at the same time and in the same manner as the ordinary school tax. 132. School tax is applicable to the pay- ment of teachers' salaries, school books and supplies, fuel, stationery for the board, salary of secretary, and all other ordinary annual expenses necessary to keep the schools in operation. Also, when there is no building tax or fund, occa- sional repairs and additions to furniture and apparatus are to be paid for out of the ordinary school tax. OF PENNSYLVANIA. 167 133. Debt from a former year, for school purposes, should be provided for by an addition to the ordinary school tax of the next year. 134. The amount of ordinary school tax cannot be greater in any district (except by special legislation) than "the amount of State and county tax authorized by law to be assessed." The amount authorized to be levied at the time of the passage of the law was thirteen mills on the dollar, ten mills for county and three mills for State purposes. The State tax has since been taken off real estate, but this does not affect the amount of school tax that can be levied, for the reason that it was the obvious intention of the law to fix that amount at thirteen mills on the dol- lar, and thus avoid the perplexing changes that would otherwise cripple the financial management of school affairs. This de- cision has been sustained by the Supreme Court. CLXIV. That the board of directors (or controllers in cities or boroughs where 168 SCHOOL LAWS AND DECISIONS the school property is vested in them agreeably to the provisions of section sec- ond) may at any time, not oftener than Levy building once in each school year, levy a special tax tax not exceeding the amount of the regu- lar annual tax for such year, to be ap- plied solely to the purpose of purchasing or paying for the ground, and the build- ing or erection of school buildings there- on, which said tax shall be levied and collected at the same time, in the same manner, and with like authority as the regular annual tax (p). 135. The proceeds of a tax levied for building purposes may be used: 1. For purchasing ground. 2. For erecting build- ings. 3. For the accumulation of a fund for purchasing ground and erecting build- ings. 4. For the payment of a debt con- tracted in purchasing ground and erect- ing buildings. 5. For completing im- provements in school buildings contem- plated at the time of their erection. 6. For fencing and improving grounds in connection with the erection of buildings. All these matters are so intimately con- (p) Act May 8, 1854. sec. 33, P. L. p. 624. OF PENNSYLVANIA. 169 nected with the purchase of grounds and the erection of buildings that they may be considered a part of the same; but school boards are advised to confine their disbursements of the proceeds of the building tax strictly within these limits. 136. When a building tax is levied, the assessment made for that purpose must be voted, and calculated as a separate tax, and placed in the duplicate as a distinct and separate item from the assessment made for school purposes. When col- lected, each fund must be applied to its lawful purpose according to its propor- tional rate. 137. A building debt already incurred for the purchase of a lot, or the erection or repair of a school house, may and should be paid by the proceeds of a build- ing tax or sum subsequently levied for that purpose. 138. An intended building may be pro- vided by the levy of a building tax or sum one or more years before the building is actually commenced. This mode is 11* 170 SCHOOL LAWS AND DECISIONS often more advisable, as it prevents the imposition of an onerous tax in one year. 139. When thirteen mills are levied for school purposes in a district, the same amount may be levied for building pur- poses; making in all twenty-six mills on the dollar, which is the highest tax that can be legally levied in any one year under the provisions of the general law. 140. If less than thirteen mills is levied in any district for school purposes, then the sum for building cannot exceed in amount that for school purposes that year. commissioners to CLXV. That for the purpose of enab- vahwtion. P5 ° ling the board of directors or controllers to assess and apportion the tax for the ensuing school year, the county commis- sioners shall, when required, furnish the president or secretary of the board with a copy of the last adjusted valuation or proper subjects and things made taxable in the same, for State and county pur- poses, which said property, subjects and things are hereby made taxable for school OF PENNSYLVANIA. 171 purposes, according to the provisions of this act (q). 141. It is an official duty of the commis- sioners to furnish the "last adjusted valu- ation;" and in case of refusal, the proper court would grant a writ of mandamus, compelling them to do so. 142. Directors are not to call on asses- sors for a copy of the valuation. It is the exclusive duty of the county commis- sioners to furnish it, and the directors cannot receive it from any other source, or pay assessors for a copy thereof. CLXVI. That it shall be the duty of the Additional assessments. several assessors to assess such persons as may remove into their respective dis- tricts between the last assessment, and the first of May in each year, or who may have been omitted from the last assess- ment, and to return their names with the amount of State and county tax pay- able by each, to the board of school di- rectors, who shall thereupon assess the amount of tax payable by such persons, (q) Act May 8, 1854. sec. 29, P. L. p. 624. 172 SCHOOL LAWS AND DECISIONS which taxes shall be collected as in other cases (r). 143. It is the duty of the assessor to make the additional assessments re- quired, and he is to be paid therefor by the county commissioners, and not by the directors. now to proceed CLXVII. That at the next annual assess- in new districts. ment after the erection of any such new common school district, it shall be the duty of the county commissioners of the proper county to cause a separate assess- ment of the subjects and things liable to school tax in each portion of the new dis- trict lying within his proper township, to be made out by the proper assessor thereof, and to be returned to them, wherefrom, after adjustment, they shall cause to be made a correct copy of the as- sessment thus obtained, in every portion of the new district, and shall furnish the same to the secretary thereof, in accord- ance with the twenty-ninth section of the act of which this is a supplement; and they shall, in like manner, and at the same time, cause to be made out and fur- nished to the State Superintendent of (r) Act May 8. 1854, sec. 35, P. L. p. 625. OF PENNSYLVANIA. 173 Comruou Schools, a full list of all the taxable inhabitants of said new district, according to the provisions of the forty- ninth section of the act to which this is a supplement; and they shall pay out of the county funds to said assessors the usual compensation for the services en- joined by this section (s). CLXVIII. That the assessors in each Duties of asses- sors in iude- and every township, where any portion or pendent districts. said township may be included within the limits of an independent school district, shall write on their duplicates, opposite the names of the persons residing within said independent district, the letters I. D., for the information of the collector of said tax, and the county commissioners (t). CLXIX. If any assessor, or assistant Negligent asses- .... . , . . sors to be pun- aSSeSSOr shall knowingly and intention- j S hed. ally omit, neglect, or refuse to assess and return any property, person or thing, made taxable by law, or shall knowingly and intentionally assess, rate, or value the same, at more or less than he shall know and believe the just cash value or rate thereof, or neglect or refuse to assess any tax required by law, he shall be (s) Act May 8, 1855, sec. 7, P. L. p. 510. (t) Act May 8, 1855, sec. 3, P. L. p. 509. 174 SCHOOL LAWS AND DECISIONS Must follow ad- justed valuation. Occupation tax cannot be less than one dollar. guilty of a misdemeanor in office, and on conviction thereof, be subject to im- prisonment not less than three, nor more than twelve months, and to be fined in a sum not less than one hundred nor more than two hundred dollars (v). CLXX. That the twenty-ninth section of the act to which this is a supplement shall not be construed to authorize the taxation of any objects or property for school purposes, which shall not be con- tained in the copy of the last adjusted valuation of proper subjects and things made taxable for State or county pur- poses, furnished to the board of directors or controllers by the county commission- ers (w). CLXXI. That hereafter the tax imposed by section thirty, of the act approved May eight, one thousand eight hundred and fifty-four for the regulation and con- tinuance of a system of education by com- mon schools, on trades, professions, and occupations, or on a single freeman, shall in no case be less than one dollar (x). CLXXII. That upon every resident male (v) Act May 8, 1841, sec. 3, P. L. p. 394. (w) Act May 8, 1855, sec. 11, P. L. p. 511. (x) Act May 21, 1857, sec. 2, P. L p. 632. OF PENNSYLVANIA. 175 taxable, of the age of twenty-one years, Every male tax- whose name is found entered upon the a e e " last adjusted valuation, furnished accord- ing to law to any board of directors or controllers, by the commissioners of the proper county, as a basis for the assess- ment of school tax, or which may be contained in the additional assessment authorized by the thirty-fifth section of the act to which this is a further sup- plement, the proper board of directors or controllers shall assess the minimum oc- cupation tax now allowed by law, to be collected with the other school tax of the district now payable by such persons (y). 144. There are three kinds of tax for school purposes, according to their sub- jects, each separate and independent of the other, and all to be paid, when the subjects of them pertain or belong to the same person, viz: 1. The rate tax on real estate and per- sonal property. 2. The rate tax on such trades, occupa- tions, professions and salaries, and emol- (y) Act April 11, 1862, sec. 5, P. L. p. 472. 176 SCHOOL LAWS AND DECISIONS uments of office, as will yield over one dollar, by the rate on its valuation. 3. A minimum occupation tax of one dollar on all resident male taxables over twenty-one years of age, whose assessed occupation, at the rate levied for school purposes, will not produce one dollar. Note. — The total assessed valuation on both occupation and property, including real estate and personal property, is sub- ject in all cases to the rate levied for building purposes in the district. 145. Farmers, whether owners of lands or tenants, are liable to the minimum oc- cupation tax of one dollar. Mone> s held in CLXXIII. That all moneys now or here- tlllst - after to become taxable for common school purposes, and held, used or invest- ed by any person, company or corpora- tion, in trust for the use, benefit or ad- vantage of any other person, company or corporation, shall only be assessed in, and subject to school tax, for the benefit of the school district within which the trustee thereof resides, or has his usual place of business. And all real estate, so taxable for school purposes, and in charge or OF PENNSYLVANIA. 177 possession of any trustee, as aforesaid, shall be assessed in, and subject to school tax, for the benefit of the school district within which the same is situated; and this section, so far as the same is incon- sistent with any former statute or deci- sion, shall only take effect in the assess- ment and collection of school taxes levied for the school year, which will commence on the first Monday in June, one thousand eight hundred and sixty-two, and the suc- ceeding year (z). CLXXIV. That all mortgages, judg- Exempt excep-. ments and recognizances wnatsoever, and p°sfs tate p " r all the moneys due or owing upon articles of agreement for the sale of real estate, shall after the passage of this act be ex- empt from all taxation, except for State purposes (a). CLXXV. That all churches, meeting churches and meeting houses houses or other regular places of state exempt, worship, with the grounds thereto an- nexed necessary for the occupancy and enjoyment of the same; all burial grounds not used or held for private or corporate profit; all hospitals, universities, colleges, seminaries, academies, associations and (z) Act April 11, 1862, sec. 7, P. L. p. 472. (a) Act June 10, 1881, sec. 1, P. L. p. 99. 12 178 SCHOOL LAWS AND DECISIONS institutions of learning, benevolence or charity, with the grounds thereto an- nexed and necessary for the occupancy and enjoyment of the same, founded, en- dowed, and maintained by public or pri- vate charity; and all school houses be- longing to any county, borough or school district, with the ground thereto annexed and necessary to the occupancy and en- joyment of the same; and all court houses, and jails, with the grounds thereto an- nexed, be and the same are hereby ex- empted from all and every county, city borough, road, school and poor tax: Pro- vided, That all property, real or personal, other than that which is in actual use and occupation for the purposes aforesaid, and from which any income or revenue is derived, shall be subject to taxation, ex- cept where exempted by law, for State purposes, and nothing herein contained shall exempt the same therefrom (b). Assess where CLXXVI. That hereafter the assessors mansion house c ., , , . ... . ,, . „ is situate. of the several counties within this Com- monwealth shall, on seated lands, make the assessment in the township in which the mansion house is situate, when town- ship lines divide a tract of land (c). (b) Act May 14, 1874, sec. 1, P. L. p. 158. (c) Act July 11, 1842, sec. 59, P. L. p. 231. OF PENNSYLVANIA. 179 146. If the mansion house of a tract of land is in one township, and a portion of the tract attached to it in another, the whole tract is to be taxed by, and for the benefit of, the district in which the mansion house is situated. CLXXVli. That, from and after the owners iuay passage of this act, whenever the dividing choose residence, line between any township and borough, or between any two townships, in this Commonwealth, as now or may be here- after located, shall pass through the man- sion house of any tract of farm land, it shall be, and may be lawful for the owner of the land so divided, to choose as the place of residence of its occupants either of the townships, or the borough, by a written notice of his selection to the com- missioners of the county: Provided, That a choice once so made shall be binding on the owner and occupiers of such mansion house, and on future owners thereof: And provided further, That in case of the neglect or refusal of the owner of such land to make an election as aforesaid, the persons occupying said mansion house shall be regarded as residing wholly with- in the township, and the assessors of such township shall, in such case, or when he 180 •SCHOOL LAWS AND DECISIONS Klect ti x collec- tors. Vacatcies. elects to reside in the township, assess therein such persons, and all the farm or tract of land on which such mansion house is erected (d). CLXXVIII. That the qualified voters of every borough and township in the Com- monwealth of Pennsylvania shall, on the third Tuesday of February after the pas- sage of this act, and triennially there- after, vote for and elect one properly qual- ified person for tax collector in each oi said districts, who shall serve for the term of three years, and shall give a bond annually, to be approved by the court (e). CLXXIX. The courts of quarter ses- sions shall have power to fill, by appoint- ment, all vacancies in the said office, within their respective counties. And, if any person elected to fill said office shall fail to give bond and qualify as herein- after provided, on or before the fourth day of the term of said court next en- suing his election, the said court shall declare his office vacant and appoint a suitable person, resident in the proper borough or township to fill the same (f). (d) Act May 24, 1878, sec. 1, P. L. p. 131. (e) Act June 6, 1893, sec. 1, P. L. p. 333. (f) Act June 25, 1885, sec. 2, P. L. p. 187. OF PENNSYLVANIA. 181 Court of quarter sessions shall ap- point. CLXXX. Be it enacted, &c. That if vacancies m ,. ~ office of tax col- any vacancy shall take place in the office i ec tor. of tax collector after any ward, district, borough or township election, by reason of the erection of any new ward, district, township or borough, or from the neglect or refusal of any person elected to per- form the duties of the office, or by death, resignation or otherwise, the court of quarter sessions of the proper- county upon petition of the town council or any citizen who is a resident of said borough, township, ward, setting forth the fact that a vacancy does exist, shall appoint a suitable person to fill said vacancy for the full or unexpired term (g). All acts or parts of acts inconsistent herewith be and the same are hereby re- pealed (h). CLXXXI. The collector of taxes shall, before he enters upon the duties of his office, take and subscribe an oath of office, and file the same in the office of the court of quarter sessions of the proper county. and shall also enter into a bond to the Commonwealth, in double the probable amount of taxes that will come into his Repeal. Collector to give bund and be sworn. (g) Act July 2, 1895, sec. 1, P. L. p. 434. (h) Act July 2. 1895, sec. 2, P. L. p. 434. 182 SCHOOL LAWS AND DECISIONS hands, with at least two sufficient sureties; said bond to be approved by the said court or a judge thereof in vacation, and filed in the office of the clerk of the said court; the condition of which bond shall be that the said collector shall well and truly collect and pay over or account for, ac- cording to law, the whole amount of taxes charged and assessed in the duplicates, which shall be delivered to him (i). issue duplicates CLXXXII. The several county, borough, lectors. 8 *° C01 township, school, poor, and other authori- ties now empowered, and which may here- after be empowered, to levy taxes within the several boroughs and townships of this Commonwealth, shall, on or before the first day of August of each year after the first election of collector of taxes under this act, issue their respective duplicates of taxes assessed to the collector of taxes of their respective boroughs and town- ships with their warrants attached, di- recting and authorizing him to collect the same, but road taxes may be worked out as heretofore: Provided, That such special and other road taxes, as it may be lawful and necessary to collect in money, may, at the discretion of the supervisors (i) Act June 25, 1895, sec. 3, P. L. p. 187. OF PENNSYLVANIA. 183 or road commissioners, be placed in the hands of the collector of taxes, with their warrant for collection by him; for which he shall receive five per centum of the amount collected by him; or the same may be collected by the supervisors or road commissioners as heretofore: Pro- vided further, That the limitations in this act, as to time and the requirements hereof relating to keeping an alphabetical list of persons charged with taxes, shall not apply to road taxes (k). CLXXXIII. The collector Of taxes Shall Powers and lia- have all the power for the collection of said taxes, during his term of office, here- tofore vested in collectors of county taxes under existing laws, and be subject to the same liabilities and penalties for neg- lect, or violation of the duties of his of- fice (1). CLXXXIV. The collector of taxes shall provirteappru- .j . . . , ,, „ priatc book. provide an appropriate book, the cost of which shall be allowed to him in the set- tlements of his accounts, in which he shall enter in alphabetical order the names .of all persons charged with taxes in the du- plicates aforesaid, and showing the fk) Act June 25, 1885, sec. 4, P. L. p. 187. (1) Act June 25, 1885, sec. 5, P. L. p. 188. 184 SCHOOL LAWS AND DECISIONS amount of such tax charged against eacn person, which book shall be at all times open to the inspection of each taxpayer, and shall be delivered by the collector of taxes at the expiration of his term to his successor in office- (m). (iive proper CLXXXV. Where any duplicate of taxes assessed is issued and delivered to the collector of taxes, it shall be the duty of said collector to give public notice as soon thereafter as conveniently can be done by at least ten written or printed notices to be posted in as many public places in different parts of the township or borough, that said duplicate has b?ei-. issued and delivered to him; and all per- sons, who shall within sixty days from the date of said notice make payment of any taxes charged against them in said duplicate, shall be entitled to a reduction of five per centum from the amount there- of; and all persons who shall fail to make payment of any taxes charged against them in said duplicates for six months after notice given as aforesaid, shall be Kive per centum charged five per centum additional on the extra taxes charged against them, which shall (m) Act of June 25, 1885. sec. 6, P. L. p. 188. OF PENNSYLVANIA. 185 be added thereto by said collector of taxes and collected by him (n). CLXXXVI. The collector of taxes shall, special days, in person or by some person duly author- ized, be in attendance for the purpose of receiving and receipting for taxes on Thursday, Friday and Saturday of each week, during the last two weeks of said sixty days, between the hours of two o'clock and six o'clock in the afternoon, at his residence, or some other place in the proper township or borough, to be designated by him in the notice afore- said (o). CLXXXVII. The collector of taxes shall p ay to treasurer, collect the taxes charged in said dupli- cate, and pay over the same to the respec- tive treasurers or authorities entitled thereto, after deducting his commission for the collection thereof, which is hereby fixed at two per centum on all taxes paid to him on which an abatement of five per centum is allowed, and at five per- percentage centum on all taxes afterward collected: allowed Provided, That where the total amount (n) Act of June 25, 1885, sec. 7, P. L. p. 188. (o) Act of June 25, 1885, sec. 8, P. L. p. 188. 180 SCHOOL LAWS AND DECISIONS Duties of col- lector. Exonerations. Settlement by collectors. of taxes charged on a duplicate is less than one thousand dollars, the said collec- tor shall receive three per centum on all taxes paid to him on which an abatement of five per centum is allowed: Provided further, That all taxes collected within the sixty days, as provided in section eight of this act, shall be paid over as aforesaid within fifteen days after the expiration of said sixty days, and all taxes thereafter collected during his term of office shall be paid over as aforesaid at regular intervals of one month, and a full and complete settlement of all taxes col- lected shall be made by said tax collector with the respective treasurers or authori- ties entited thereto, not later than three months after the expiration of his term of office (p). CLXXXVIII. Exonerations may be made by the authorities, and in the same man- ner as heretofore (q). CLXXXIX. The accounts of collectors of taxes shall be settled by township or borough auditors of the proper township or borough, and he shall state a separate account for each different tax collected by (p) Act June 2, 1891, sec. 2, P. L. p. 17b'. (q) Act June 25, 1885, sec. 10, P. L. p. 189. OF PENNSYLVANIA. 187 him; but collectors of county and State taxes shall settle with the county commis- sioners, as heretofore (r). CXC. Taxes charged upon unseated unseated lands, lands shall not be collected by the collectors of taxes, but shall be certified and returned by ' the several authorities levying the same to the county commis- sioners, to be collected as heretofore (s). CXCI. So much of all general acts here- j j0C ai i.ws. tofore passed, as is inconsistent herewith, is hereby repealed; but this act shall not apply to any taxes, the collection of which is regulated by a local law (t). CXCII. That from all school taxes on Abatement ui five per centum. unseated lands voluntarily paid to the school collector or treasurer of the proper district, previous to the first day of May next after the date of the school tax dupli- cate thereof, there shall be allowed a re-» duction or abatement of five per centum; and to all such tax remaining unpaid more than one year from said first day of May, an addition of five per centum shall be added to the amount first assessed (u). (r) Act June 25, 1885, sec. 11, P. L. p. 189. (s) Act June 25, 1885, sec. 12, P. L. p. 189. (t) Act June 25, 1885, sec. 13, P. L. p. 189. (u) Act April 11. 1862, sec. 8. p. 473. 188 SCHOOL LAWS AND DECISIONS Collectors ceni i y CXCIII. That whenever school taxes to commissioners. , . , , . . , . . assessed on unseated lands in any district, shall not be voluntarily paid by the owner or owners thereof, the collectors shall certify the same to the proper county commissioners, who shall enforce the col- lection thereof, with the taxes assessed on unseated lands for county purposes, and when so collected, shall be paid to t lie district treasurer by orders drawn on the county treasurer (v). Returns, when CXCIV. That from and after the pas- made. sage of this act, assessors, supervisors and collectors of road and school taxes be and they are hereby required to make their returns of the collection of all taxes on unseated lands, on or before the first day of January in each and every year, and if not so made by said assessors and col- , lectors, such returns shall not thereafter be received, nor shall such taxes be a lien on real estate: Provided, That this sec- tion shall not be construed to exempt any such assessors and collectors, and their bail, from liability for not making their return according to law (w). CXCV. That if any person shall neg- (v) Act May 8, 1854, sec. 34, P. L. p. 625. (w) Act April 21, 1856, sec. 2, P. L. p. 477. OF PENNSYLVANIA. 189 lect or refuse to make payment of the Neglect or refusal amount due by him for such tax within ° pay thirty days of the time of demand so made, it shall be the duty of the collector aforesaid to levy such amount by distress and sale of the goods and chattels of such Sale of goods, delinquent, giving ten days' public no- tice of such sale, by written or printed advertisement; and in case goods and chattels sufficient to satisfy the same, with costs, cannot be found, such collector shall be authorized to take the body of such delinquent and convey him to the jail of the proper county, there to remain imprioonment. until the amount of such tax, together with -the costs, shall be paid or secured to be paid; or until he shall be otherwise discharged by law: Provided, That noth- ing herein contained shall authorize the arrest or imprisonment for non-payment of any tax, of any female, or infant, or person found by inquisition to be of un- sound mind (x). CXCVI. That goods and chattels of any person occupying any real estate shall be liable to distress and sale for the non- payment of any taxes assessed upon such ix) Act April 15, 1834, sec. 21, P. L p. 514. 190 SCHOOL LAWS AND DECISIONS May be sold :is unseated land. Term of war- rants. When moneys to be paid. real estate during his possession or occu- pancy, and remaining unpaid in like manner as if they were the goods and chattels of the owner of such real es- tate (y). CXCVII. That all real estate in the Commonwealth on which personal prop- erty cannot be found sufficient to pay the taxes assessed thereon, and the owner refuses to pay the same, shall be returned by the collector to the county commis- sioners and sold as unseated land at the expiration of two years after the refusal, with the right of redemption within one year after the actual notice (z). CXCVIII. That the period during which warrants hereafter to be issued to collec- tors shall be effectual for the collection of taxes, shall be two years and no more (a). CXCIX. That every collector shall, within six weeks from the date of his warrant, pay all such moneys as he may by that time have received, to the treas- urer of the proper county or township, (y) Act April 15, 1834, sec. 46, P. L. p. 518. (z) Act April 29, 1844, sec. 41, P. L. p. 501. (a) Act April 22, 1846, sec. 21, P. L. p. 490. OF PENNSYLVANIA. 191 as the case may be, at a certain time and place to be mentioned in such warrant (b). CC. lhat every collector shall, with- Shall pay within . . three months. in three months after receiving the corrected duplicate, pay into the hands of the treasurer of the proper county or township, as the* case may be, the whole amount of the taxes charged and assessed in such duplicate, excepting such sums as the commissioners or supervisors and overseers, as the case may be, in their discretion may exonerate him from, on pain of being answerable for and charge- able' with the whole balance so remaining unpaid (c). CCI. That the secretary of any board of directors or controllers may, at any time, within one year from the delivery of the duplicate of school tax to the collector thereof, file a certificate signed by the 8ecretary of president and attested by the secretary board ma y «"e ,, __ „ , J a certificate. in the office of the prothonotary of the court of common pleas of the proper county, stating the amount of said tax due and unpaid by said collector at the date thereof; and it shall be the duty of the prothonotary to enter the same on (b) Act April 15, 183i, sec. 47, P. L. p. 518. (c) Act April 15, 1834, sec. 49, P. L. p. 519. 192 SCHOOL LAWS AND DECISIONS his docket; which certificate shall, from such entry, have the same operation and effect as a judgment of said court against Execution may be said collector and his sureties, and execu- issued. tion may be issued thereon, in like man- ner as in judgments, for the amount re- maining unpaid at the date of said exe- cution, at any term of the court afore- said (d). CCII. That the provisions of the fiftieth section of an act of the General Assembly of this Commonwealth, entitled "An act relating to county rates and levies and township rates and levies," passed April 15, 1834, shall not be so construed as to prohibit a collector of taxes from insti- tuting suit or suits for the recovery of taxes due and unpaid at anytime after the expiration of his warrant; but in all cases where taxes are due and unpaid to any collector, after the expiration of his war- rant, when such collector has not been legally exonerated therefrom, every such collector or person, his executors, admin- istrators or any of them, is hereby de- coiieetormayane clared to have full right and power to dejingupnfs, • gue for and recover the same with inter- est thereon, after the expiration of his (d) Act April 11, 1862, sec. 13. P. L. p. 474. OF PENNSYLVANIA. 193 warrant aforesaid, from all and every person and persons, besides politic and corporate, owing the same, as other debts of like amount are now by law recover- able (e). CCIII. Be it enacted, &c, That in all warrants of tax cases in which the period of two years, ™allTxpir7tate Treasurer. Commissioners report number of ta.xables. Basis for distri- bution of appro • prlation. management of the schools, and all other questions and matters calculated to pro- mote the cause of education (z). CCXXIII. He shall sign all orders on the State Treasurer for the payment of such moneys to the treasurers of the sev- eral school districts, as they may be en- titled to receive from the State, and for all other moneys to be paid out of the appropriation to common schools made by this act (z). CCXXIV. That it shall be the duty of the commissioners of each county to as- certain, triennially, with the assistance of the respective assessors, the exact number of taxable citizens residing in each school district in their several coun- ties, and to certify the same under their hands and seals of office, to the Superin- tendent of Common Schools, who is here- by directed to adopt the number of tax- ables thus certified to him as the basis of distribution of the State appropria- tion, which said certificate shall be pre- pared and transmitted on or before the first Monday of June in every third year, commencing with the first Monday of (z) Act May 8, 1854, sec. 46, P. L. page 628. OF PENNSYLVANIA. 215 June, A. D. one thousand eight hundred and sixty-five (a). CCXXV. That if the commissioners of ^ '£"™e*iiect any county shall neglect to forward such dl11 ?- certificate on or before said day, the su- perintendent may, in such case, adopt the number of taxables set forth in the next preceding certificate or return (b). CCXXVI. That if any error in the Errors, certificate of taxables shall occur, where- by a district shall receive more or less of the State appropriation than is justly due to said district, the county commis- sioners shall have authority, and they are hereby required immediately to for- ward to the superintendent a correct list of taxables and the superintendent shall thereupon make it the basis of the appro- priation clue said district (c). 151. It is the duty of the commissioners of the respective counties to perform the acts and furnish the information required (a) Act April 17, 1865, sec. 1, P. L. page 61. (b) Act May 8, 1854, sec. 47, P. L. page 628. (c) Act May 8, 1854, sec. 48, P. L. page 629. 216 SCHOOL LAWS AND DECISIONS Prepare and for- ward blank forms. Report to legis- lature. by the foregoing sections of the school law, as plainly and imperatively as in any other point of their official functions. CCXXVII. He shall prepare blank forms for the annual district reports, with suit- able instructions and forms for conduct- ing the various proceedings and details of the system in a uniform and efficient manner, and forward the same to the county superintendents, who shall dis- tribute them to and among the proper district officers of their respective coun- ties (d). CCXXVIII. He shall prepare and sub- mit to the Legislature an annual report, containing a full account »f the condi- tion of the common school under u*ate, the expenditure of the h the Superin- • the year, estimates of Us tf ^Ums requi- site for the ensuing year, the whole num- ber of pupils, the cost of teaching each, the number of districts, plans for the improvement of the system, and all such matters relating to the concerns of com- mon schools, and to the duties of his (d) Act May 8, 1854, sec. 46, P. L. page 628. OF PENNSYLVANIA. 217 oflice, as he may deem it expedient to communicate (d). CCXXIX. He shall provide a seal Seal - with suitable device, for the use of the Department of Common Schools, by Which copies of papers deposited or filed therein, and all official acts and deci- sions, may be authenticated under said seal; and, when so authenticated, shall be evidence equally and in like manner as the originals. He may also designate and appoint one of the clerks employed by him to be his general deputy, who may perform all the duties of Superin- tendent of Common Schools in case of his absence or a vacancy in his office (e). CCXXX. He shall have the power of May remote removing any county superintendent for £endent 8uperln " neglect of duty, incompetency, or immor- ality, and to appoint another in his Stead until the next triennial convention of directors (e). County Superintendents. CCXXXI. That there shall be chosen in Office of countv superintendent. (d) Act May 8, 1854, sec. 46, P. L. page 628. (e) Act May 8, 1854, sec. 46, P. L. page 628. 218 SCHOOL LAWS AND DECISIONS the manner hereinafter directed, an offi- cer for each county, to be called the county superintendent (f). Notice for cob- CCXXXIX That until after the election vention of direc- tors - of county superintendents provided for in this act, it shall be the duty of the Superintendent of Common Schools, by publication at least three suecessive weeks, in two newspapers for each coun- ty, if so many there be, but if none are published in such county, then by print- ed notices sent by mail to the secretary of each board of directors of each school district in such county, of the time and place for holding the triennial convention of directors, who shall then and there assemble, and select a presiding officer from one of their number, and the di- rectors then present shall proceed to the election of a county superintendent, in the manner hereinafter provided. The notice that hereafter shall be given of the assembling of the aforesaid trien- nial convention shall be by the county superintendent, in the manner above pro- (f) Act May 8, 1854, sec. 37, P. L. page 625. OF PENNSYLVANIA. 219 vided. All expenses of giving notices, di- Notices, how rected by this section, shall be paid out paid " of the same funds as the salary of the county superintendents (g). CCXXXIII. That the School directors Triennial con- vention of cliree- of the several counties of the Common- tors. wealth shall meet in convention at the seat of justice of the proper county on the first Monday of June next, and on the first Tuesday of May, in each third year thereafter, and select viva voce by a ma- jority of the whole number of directors present, one person of literary and scien- tific acquirements and of skill and ex- perience in the art of teaching, as county superintendent for three -succeeding school years (h). CCXXXIV. That the salary of each Salaries, county superintendent of common schools, elected according to law, in the year one thousand eight hundred and seventy-eight, and thereafter, shall be four dollars and fifty cents for each (g) Act May 8, 1854, sec. 43, P. L. page 627. (h) Act May 8, 1854, sec. 39, P. L. page 626; and act March 27, 1866, sec. 1, P. L. page 88. 220 SCHOOL LAWS AND DECISIONS school in his jurisdiction at the time ot his election, to be paid out of the general fund appropriated for common schools: Provided, That the salary of the county superintendent shall in no case be less than eight hundred dollars nor more than two thousand dollars per annum, and in counties with over one hundred schools it shall not be less than one thousand dollars: And provided further, That con- ventions of school directors, when assem- bled for the purposes of electing a county superintendent, may vote him a salary greater than the amount he would re- ceive by this act, such increase to be in all cases taken from the school fund of the county thus voting. That in all counties having over two hundred and ninety schools, «r twelve hundred square miles of territory, or a school term ex- ceeding seven and one-half months, the salary of said superintendent shall not be less than fifteen hundred dollars (i). Repeal. CCXXXV. That so much of section thirty-nine of the act of May eight, one thousand eight hundred and fifty-four, (i) Act April 29, 1878, sec. 1, P. L. page 33. OP PENNSYLVANIA. 221 as requires that a convention of school directors shall determine the compensa- tion of a county superintendent, is here- by repealed, except so far as provided for in this act (k). Note. — The minimum salary of a coun- ty superintendent, provided by the a,ct of 1878, was increased to one thousand dol- lars by an act approved May 23, 1893, P. L. page 121. CCXXXV. That from and after the passage of this act it shall be unlawful for any person holding the office of coun- ty superintendent of common schools to engage in the business or profession of teaching in any of the schools of the Commonwealth unless it be done without any other compensation than that paid them as county superintendent (1). CCXXXVII. Any violation of the provi- sions of this act on the part of any county superintendent shall be deemed a sufficient cause for removal from office 33. (1) Superintendents cannot receive pay for teaching. Removal. 24. Act April 29, 1878, sec. 2, P. L. page Act April 26, 1893, sec. 1, P. L. page 222 SCHOOL LAWS AND DECISIONS by the State Superintendent of Public Instruction (m). 152. It is illegal for a county superin- tendent to have a pecuniary interest in a school in his own county. The Legis- lature in fixing the salaries of county superintendents, intended that they should devote their whole time to their special duties. Besides, the preparation of teachers is now sufficiently provided for by the State normal schools. The State pays the salaries of the county su- perintendents, and also makes appropria- tions to the normal schools; both inter- ests must therefore confine themselves to their proper sphere and work in har- mony. 153. Persons who will be engaged in other professions, while attempting to discharge the duties of this office, should not receive the support of directors. The qualifications for this office, without which the person elected cannot be com- missioned, are literary and scientific ac- (m) Act April 26, 1893, sec. 2, P. L. page 24. OF PENNSYLVANIA. 223 quirements, skill and experience in the art of teaching, and a sound moral char- acter. 154. Irreproachable moral character is essential, and will not be dispensed with. This is as much a professional qualifica- tion of the teacher and of the officer who presides over teachers, as it is in any other profession. Intemperance, gamb- ling, dishonesty, or any other immorality that would degrade a minister of the gospel from his position will prevent the issue of the commission of county super- intendents. Sufficient health and vigor of the body to bear the labors of the of- fice are also indispensable. CCXXXVIII. That no person shall Ql]aliflcations . hereafter be eligible to the office of county, city or borough superintendent, in any county in this Commonwealth, who does not possess a diploma from a college legally empowered to grant lite- rary degrees, a diploma or State certifi- cate issued according to law by the au- thorities of a State normal school, a professional certificate from a county, city or borough superintendent of good 224 SCHOOL LAWS AND DECISIONS Evidence of qualification to be furnished. Commission, when to be issued. standing, issued at least one year prior to the election, or a certificate of compe- tency from the State superintendent of common schools, nor shall such person be eligible unless he has a sound moral character, and has had successful ex- perience in teaching within three years of the time of his election: Provided, That serving as county, city or borough superintendent shall be deemed a suffi- cient test of qualifications; and the pres- ident and secretary of each convention of school directors held in any county, city or borough to elect a county, city or borough superintendent, when certifying to the superintendent of common schools the name and address of the person elected county, city or borough superin- tendent, shall at the same time state the kind and character of the evidence upon which said convention relied for proof of the eligibility of the person so elected; and the said Superintendent of Common Schools if, upon the examination of the evidence presented, it shall prove to be such as is required by this act, and no objection be made, in accordance with section fourth of the act approved April seventeenth, Anno Domini one thousand eight hundred and sixty-five, shall issue a commission to the person elected as OF PENNSYLVANIA. 225 aforesaid, as now required by law; but if, upon examination of said evidence of competency, it shall not prove to be such as is required by this act, or if objection be made in accordance with said section of the act approved April seventeenth, Anno Domini one thousand eight hun- dred and sixty-five, the said Superinten- dent of Common Schools shall appoint two competent persons, himself being the third, to examine the person so elected county, city or borough superintendent; and if, upon examination, he be found duly qualified for the office, the said Su- perintendent of Common Schools shall issue to him the usual commission; but if not, the said Superintendent of Com- mon Schools shall proceed in like man- proceeding in ner in respect to the person receiving the next highest number of votes in the convention of directors, who, if found qualified, shall receive the commission aforesaid as county, city or borough su- perintendent; but if his qualifications are also found insufficient, the said Su- perintendent of Common Schools shall ap- point, with the advice and consent, of the Governor of the Commonwealth, some other person with the required qualifica- tiors, county, city or borough superin- 15 case of objection. 226 SCHOOL LAWS AN'D DECISIONS Election in new counties. Name and address of county super intendent to be certified tendent for the ensuing term of such of- fice (n). CCXXXIX. That where new counties have been or may hereafter be created, under the provisions of the act approved April seventeenth, one thousand eight hundred and seventy-eight, it shall be the duty of the school directors of said new county to meet in convention at the county seat in said county, on the first Tuesday of May succeeding the erection of said county, and elect a suitable per- son to fill the office of superintendent, of common schools of said county, in ac- cordance with the general laws of this Commonwealth relating thereto, to serve until the end of the school year in which the next triennial convention of sichool directors shall be held, for the purpose of electing a county superintendent in accordance with existing laws of this Commonwealth (o). CCXL. Thrt it shall be the duty of the president and secretary of the tri- ennial convention of directors, to certify (n) Act April 9, 1867, sec. 13, P. L. page 56. (o) Act April 25, 1879, sec. 1. P. L. page 32. OF PENNSYLVANIA. 227 to the Superintendent of Common Schools the name and postoffice address of the person elected county superintendent in pursuance of the provisions of the act of May eight, one thousand eight hun- dred and fifty-four, and those of all the other candidates who received votes, to- gether with the amount of compensation fixed upon by said convention; upon the receipt of such certificate, if no valid ob- jection be received within thirty days after the day of election, the Superin- tendent of Common Schools shall com- when commission to issue. mission the person so elected, for the term of three years; but if objection to issuing such commission be made within thirty days, and such objections be signed, among others, by a majority of the members of not less than one-fifth of all the school boards in the county, from which such objections are received, and certified to, under oath or affirmation by at least three of the signers, the Superin- tendent of Common Schools may require such evidence, under oath or affirmation, in regard to the legality of the election and the qualification of the person elect- ed county superintendent, as he shall deem necessary, and then shall issue the commission to the person properly qual- 228 SCHOOL LAWS AND DECISIONS ified, who received the greatest number " of votes, and the Superintendent of Com- mon Schools, when engaged in the in- Proceedings in vestigation of objections, filed against the case of objection. . . „ . issuing of commissions to county super- intendents, shall have power to issue subpoenas and administer oaths; and any person refusing or neglecting to at- tend, and give evidence of such investi- gation, when legally subpoenaed, shall be liable to the same fines and penalties as if he had refused to appear and give evidence in the court of record, and the cost to be paid by the parties subpoena- ing the witnesses (p). 155. The objections must either relate to the legality and validity of the elec- tion, or to the qualifications of the can- didate. The establishment by proof of a valid objection of either kind, will pre- vent the issuing of a commission. 156. Objections grounded on the dis- qualification of the person selected, are want of residence; want of moral char- acter; want of physical ability to dis- charge the duties of the office; want of learning, and want of professional skill. (p) Act April 16, 1865, sec. 4, P. L., p. 63. office. OF PENNSYLVANIA. 229 157. Objections to be investigated by the superintendent must be signed by at least four members of one-fifth of the boards of directors of the county and shall also be signed by other citizens. CCXLI. That every person selected or to take oath of appointed county superintendent of com- mon schools shall, before entering upon the duties of his office, take an oath or affirmation, before any judge of the court of common pleas of the proper county, or before the Superintendent of Common Schools, who is hereby authorized to ad- minister the same, that he will perform all the duties of county superintendent, during his term of office, honestly, im- partially, diligently, and according to law to the best of his skill and ability: which said oath or affirmation, being subscribed by said county superintendent and attested by said judge or State Su- perintendent, shall be filed in the Depart- ment of Common Schools (q). 158. A superintendent cannot legally perform any official act until sworn into (q) Act April 11, 1862, sec. 14, P. L. page 475. 230 SCHOOL LAWS AN'D DECISIONS Shall visit the schools. See that certain branches are taught. office by the proper authority. A copy of the oath must be filed in the office of the prothonotary, and a copy forwarded to the Department of Public Instruction. (See form in Appendix.) CCXLII. It shall be the duty of the county superintendent to visit, as often as practicable, the several schools of his county, and to note the course and method of instruction, and branches taught, and to give such directions in the art of teaching and the method tnere- of, in each school, as to him, (together with the directors and controllers), shall be deemed expedient and necessary; so that each school shall be equal to the grade for which it was established, and that there may be, as far as practicable, uniformity in the course of studies in schools of the several grades respec- tively (r). CCXLIII. That it shall be the duty of each county superintendent to see that in every district there shall be taught or- thography, reading, writing, English grammar, geography and arithmetic, as well as such other branches as the board (r) Act May 8, 1854, sec. 37, P. L. p. 625. OF PENNSYLVANIA. 231 of directors or controllers may require. In case the board of directors or control Hi8 duty on fnll . lers shall fail to provide competent teach- ^ t p ° e »™ t vide era to teach the several branches above teachers, specified, it shall be the duty of the coun- ty superintendent to notify the boar'd of directors or controllers, in writing, of their neglect, and in case provision is not made forthwith for teaching the branches aforesaid, to report such facts to the Superintendent of Common Schools, whose duty it shall be to with- hold any warrant for the quota of such state appropria- tion to be with district of the annual State appropria- held. tion, until the county superintendent shall notify him that competent teachers of the branches aforesaid have been em- ployed. And in case of neglect or re- fusal of the board of directors or con- trollers to employ such competent teach- ers as aforesaid, for one month after such notification by the county superin- tendent that such teachers have not been provided, such district shall forfeit ab- solutely its whole quota of the State ap- propriation for that year (s). CCXLIV. That after the passage of Qualification of this act, no teacher in this Common- Is) Act May 8, 1854, sec. 38. P. L. p. 625. 232 SCHOOL LAWS AND DECISIONS wealth shall receive from a county, city or borough superintendent, a certificate, as a teacher, who has not a fair know- ledge of orthography, reading, writing, geography, English grammar, mental and written arithmetic, history of the United States, and the theory of teaching, nor shall such certificate be given to any person who is in the habit of using, as a Persons of intem- beverage, any intoxicating drinks; and t.? r be t )ic n en l s"d. not all certificates given to teachers shall set forth the branches in which those hold- ing them have been found proficient, and indicate, by suitable marks, the degree of that proficiency (t). Physiology nD, „ , , . „ , . actof April'.). 1867. mon Schools shall cause to be prepared cited for amend- a new grade of teacher's certificate, to be ment " called a permanent certificate, which shall be granted by him to practical teachers holding professional certificates, upon the recommendation of the board, or boards, of directors, in whose employ ment the applicant shall have taught for Co) Act June 22, 1883, sec. 1, P. L. p. 15t?, 256 SCHOOL LAWS AND DECISIONS the three preceding annual school terms, which shall be countersigned oy the proper county, city, or borough, superin- tendent, in office when the application shall be made and approved, after exam- ination, if they deem it necessary, by a committee of five teachers, a part of whom may be females, holding perma- nent certificates, if there be so many holding such certificates; but if there be none, or not sufficient number, of that grade of teachers, the committee shall be constituted wholly or 'in part, as the case may be, of teachers holding professional certificates; said committee to be elected by ballot, by the members. of the teach- ers' institute, at its annual session, from the same county, city or borough, in which the applicant resides, at the time of making the application; and such per- manent certificate shall continue to bo valid, in such county, city, or borough. unless forfeited, according to the provi- sions of this act, and shall, also, entitle the holder to teach one year, in anv ofher county, city, or borough, in this Commonwealth, without re-examination - at the end of which time it may be en- dorsed by the proper county, city or bor- ough superintendent, if, from personal OF PENNSYLVANIA. 257 knowledge, he deem it worthily held, and it shall then confer upon tho holder the same rank and privileges, as in the county, city or borough, where issued ; and such pe manent certificate shall only be annulled upon complaint, duly proven, of incompetency, cruelty, negligence, or immorality, made to the State Superin- tendent of Common Schools, by a county, city or borough superintendent, and a committee of teachers elected and consti- tuted as aforesaid," shall be amended to read as follows: That the Superintendent of Public In- struction shall cause to be prepared a new grade of teacher's certificate to be railed a permanent certificate, which shall be granted by him to practical teachers holding professional cprtificate^ upon the recommendation of the board or boards of directors in whose employment the applicant shall have taught for the three preceding annual school terms, which shall be countersigned by the proper county, city or borough superin- tendent in office when the application shall be made, and approved, after exam- ination, by a committee for each county or city in case a separate teachers' an- nual institute is held therein, which com- 17 Permanent certi- ficates. How and to whom granted. Examination by committee. 258 SCHOOL LAWS AND DECISIONS Validity of certi- ficates. Members of com- mittee shall consist of three practical appointment! 611, teachers holding a valid teachers' cer- tificate, who shall be appointed and com- missioned as examiners for a term of three years by the Superintendent of Public Instruction, and who shall be sup- ject to removal by him at any time, and such permanent certificate shall continue- to be valid in such county, city or bor- ough unless forfeited according to the provisions of this act, and shall also en- title the holder to teach one year in anv other county, city or borough in this Commonwealth, without a'e-examination. at the end of which time it may be en- dorsed by the proper county, city or bor- ough superintendent, if, from persona', knowledge, he deem it worthily held, and it shall then confer upon the holder the same rank and privileges as in the county, city or borough where issued, and such permanent certificate shall only be annulled upon complaint, duly proven, of incompetency, cruelty, negligence or immorality made to the State Superin- tendent of Common Schools by a county, city or borough superintendent and a committee of teachers elected and con- stituted as aforesaid (p). Endorsements. Certificate may be annulled. (p) Act June 28, 1895, sec. 1, P. L. p. 417. OF PENNSYLVANIA. 259 CCLXV. That all acts or parts of Kepeai. acts inconsistent herewith be and the same are hereby repealed (q). 182. No committee on teachers' certifi- cates should consent to investigate the case of an applicant until a recommenda- tion in his favor, signed by the proper directors and county superintendent, in the form required by this Department, is presented to them. No teacher can mak<- legal application for a permanent certifi- cate who has not taught "the three pre- ceding annual school terms in the public schools of this Commonwealth." 183. Any teacher desiring to apply tc the State Superintendent far a perma- nent certificate should procure from the county superintendent, and fill up, the necessary blanks, and present them to the proper authorities for their action and signatures. They should first be presented to the board or boards of di- rectors, next to the county superinten- dent, and afterwards to the committee (q) Act June 28, 1895, sec. 2, P. L. p. 418. 260 SCHOOL LAWS AND DECISIONS on teachers' certificates. Teachers of pri- vate schools cannot obtain permanent certificates, and are not eligible to mem- bership on the committee. 184. Applications for permanent certifi- cates must be approved by the county superintendents of all the counties in which the applicant taught for three years immediately preceding the time of making such application. For instance, if a teacher during 'this time should have taught in two counties, he must have the signatures of both county superin- tendents to his application; if he has taught under the supervision of three su- perintendenlts, whether of county, city or borough, the application must be ap- proved by the several superintendents. CCLXVI. That after the passage of ^at°e S t h each r e e r C ^ ive this act the State Superintendent of Pub- certiflcates. j }c instruction be empowered to, ani shall grant, without examination, per- manent State teachers' certificates to all applicants therefor who are graduates of recognized literary or scientific colleges legally empowered to confer the degrees cf Bachelor of Arts (B. A.), Master of Arts OF PENNSYLVANIA. 261 (M. A.), Bachelor of Science (B S..), Master of Science and Bachelor of Phi- losophy (Ph. B.), and whose course of study embraces not less than four col- legiate years: Provided, Said applicants conditions, are at least twenty-one years of age ami have taught at least three full annual te.'ins in the public schools of the Com- monwealth: Provided, further, That each applicant shall produce to the said Stale Superintendent of Public Instruction a certificate from the school board or boards, countersigned by the county su- perintendsnt of the same county where he or she last taught, showing that the said applicant is a person of good moral character, has been successful as a teacher in the public schools during said term: And provided further, That said certificates shall be granted by the State Superintendent of Public Instruction after having received satisfactory evi- dence from the said applicants that they have complied with the requirements of this acIL (r). COLXVII. Thai: the forms of application Powers of super- , ,, , , , . intendentof shall be submitted by applicants, and tha Public instruc- tion. (r) Act of May 10, 1893, sec. 1, P. L. page 39. 262 SCHOOL LAWS AND DECISIONS certificates to be issued in accordance with the provisions of this act shall be prescribed and determined by the Super- intendent of Public Instruction, and he shall have authority to annul such cer- tificate granted by himself or predeces- sors in office upon complaint, duly proven, of incompetency, cruelty, negli- gence or immorality on the part of the holder thereof (s). CITY AND BOROUGH SUPERINTEN- DENTS. LndTow^hip*; 11 " CCLXVIII. That the school directors of popuifuun 1 may anv city or borough in this Commonwealth, dents 8uperinten having a population of over five (t) thou- sand inhabitants, may on the first Tues- day of May, one thousand eight hundred and sixty-nine, and every third year thereafter, elect, viva voce, by a major- ity of the whole number of directors present, one person of literary and scien- tific acquirements and skill and exper- ience in the art of teaching, as 4 city or borough superintendent, for the three succeeding school years, and the said school directors shall determine the (s) Act of May 10, 1893, sec. 2, P. L. page 40. ft) Act June 10, 18S1, sec. 1. P. L. p. 97. OF PENNSYLVANIA. 263 amount of compensation for said city or borough superintendent, which compen- sation shall be paid by the same officers as pay the salaries of teachers in sueh school district, and in the same manner as such salaries are now paid: Provided, Proviso That nothing in this act shall prevent the directors of any city or borough from electing a superintendent to serve from the time of the election until the com- mencement of ithe school year one thou- sand eight hundred and sixty-nine, from filling a vacancy, should any occur, for the unexpired term of said office: Pro- proviso vided also, That the president of the board of directors or controllers of any city or borough in this Commonwealth shall, at any time after the passage of this act, if so requested in writing by seven directors or controllers, call a con- vention, giving at least five days' notice- thereof to all the directors of said city or borough, to determine whether they will elect a city or borough superintendent in accordance with Ithe provisions of this act; and if, at such meeting, it shall be decided to hold such an election, the said directors shall again convene at the time ., appointed by this section of this act, or at any other 'time, in accordance with its 264 SCHOOL LAWS AND DECISIONS Certifying to elec- tion. Commission. provisions, and at a place fixed upon by themselves, when they shall proceed to carry their determination into effect in the same manner as is done by conven- tions held for the election of county su- perintendents; and all subsequent con- ventions for carrying into effect the pur- poses of this act shall be called in tht same manner by said president of the board of directors or controllers of sucb city or borough (v). CCLXIX. That it shall be the duty of the president and secretary of the meet- ing of the directors of any city or bor- ough at which a city or borough supei- intenden't has been elected, to certify to the Superintendent of Common Schools the name and address of the person elected city or borough superintendent in pursuance of the provisions of this act, and those of all other candidates who received votes, toge'ther with the amount of compensation fixed upon by said directors; upon the receipt of such certificate, if no valid objection be re- ceived within thirty days after the day of election, the Superintendent of Com- mon Schools shall commission the per- son so elected for the term for which h* (v) Act April 9, 1867. sec. 7, P. L p. 53 OF PENNSYLVANIA. 265 was elected; but if abjections to issuing such commission be made within thirly days, the Superintendent of Common Schools shall proceed with the like power and in like manner as he is now re- quired to do where objections are made- against issuing commissions to persons claiming to be elected county superin- tendent (w). CCLXX. That from and after the appointment of a city or borough super- intendent in any city or borough in this Commonwealth, and the proper notifica- tion of the Superintendent of Common Schools of the fact, such city or borougb shall not be subject to the authority and jurisdiction of the county superintendent of the county in which such city or bor- ough is located, except that in the mabtf.r of holding the annual teachers' institutes, as provided by sections second, thira, fourth and fifth of this act, in which the city or borough superintendent shall co- operate; nor shall the directors of such city or borough vote at any election for county superintendents (x). CCLXXI. It shall be the duty of all city or borough superintendents 'to take Not to be subject to authority of county superin- tendent Duties of super- intendents. (w) Act April 9, 1867, sac. 8, P. L. p. 54. (x) Act April 9, 1867, sec 9, P. L. p. 54. 17* 266 SCHOOL LAWS AND DECISIONS Make annual re- port and attend meetings. a similar oath or affirmation to that now required of county superintendents, to perform, within the limits of their sev- eral jurisdictions, all the duties now b> law enjoined upon coun'ty superinten- dents, and to discharge such other duties as the by-laws, rules and regulations of the respective boards of directors may re- quire; and it shall be their further duty, in addition to an annual report, to report monthly to the Department of Common Schools, such facts relating to their work and the condition of the schools under their charge as may be required by the Superintendent of Common Schools, and to attend meetings of su- perintendents called by said Superinten- dent of Common Schools (y). Note.— Act of May 7, 1885, sec. 1, P. L. page 15, extends privileges of above act to townships having over five thousand inhabitants. Norm il school districts. STATE NORMAL SCHOOLS. CCLXXII. That for the purposes of the following act, the counties of Delaware. Chester, Bucks and Montgomery shnll form the firs" normal school district; Lancaster, York and Lebanon the second; fy) Act April 9, 1867. sec. 10, P. L. p. 55. OF PENNSYLVANIA. 267 Berks, Schuylkill and Lehigh the third; Northampton, Carbon, Monroe, Pike. Lu- zerne and Wayne the fourth; Wyoming. Sullivan, Susquehanna, Bradford, Ly- coming and Tioga the fifth; Dauphin, Northumberland, Columbia, Montour, Union, Snyder, Perry, Juniata and Mif flin the sixth; Cumberland, Adams, Franklin, Fulton, Bedford, Huntingdon and Blair the seventh; Centre, Clinton, Clearfield, Elk, Potter, McKean, Jeffer- son, Clarion, Forest and Warren th Q eighth; Cambria, Indiana, Armstrong and Westmoreland the ninth; Washing- ton, Fayette, Greene and Somerset, the tenth; Allegheny, Butler and Beaver the eleventh, and Lawrence, Mercer. Ven- ango, Crawford and Erie the twelfth (z). CCLXXIII. That the Eighth Normal Thirteenth dis s:-hool district of this Commonwealth, as tr ct ' provided by section one of the act of May twentieth, one thousand eight hun- dred and fifty-seven, be and the same is hereby divided, and from this date the said Eighth Normal school district shall consist of the counties of Centre. Clin- ton, Clearfield. Elk, Potter and Cameron, and the counties of Jefferson. Clarion, Forest, Warren and McKean shall consti- (z) Act May 20, 1S57, sec. 1, P. L. p. 581. 268 SCHOOL LAWS AND DECISIONS tute (the Thirteenth district, and all laws or parts of laws inconsistent herewith be and they are hereby repealed (a). Establishment of Schools. Establishment of normal schools. Board of trustees. CCLXXIV. That when any number of citizens of this State, not less than thir- teen, shall, as contributors or stockhold- ers, erect and establish a school for the> professional training of young men and women as teachers for the common schools of the State, in accordance with the provisions of this act, such school may become entitled to its benefits, in the manner hereinafter set fourth: Pro- vided however, That not more than one such school shall, at the same time, be- come and continue to be, entitled to such benefits in each of the foregoing normal school districts, and that this ad!; shall not take effect till at least four such schools, in as many different districts, shall have complied and been recognized in accordance with the provisions of this act (b). CCLXXV. That the pecuniary affairs of each of said schools shall be managed (a) Act May 8, 1874, sec. 1, P. L. p. 120. (b) Adt May 20, 1857, sec. 2, P. L. p. 5S1. OP PENNSYLVANIA. 269 and the general control exercised, by a board of trustees (whose officers shall be a president and secretary who shall, and a treasurer who shall not, be members of said board), to be chosen by the con- tributors or stockholders on the first Mon- day of May, annually; but no contribu- tor or stockholder shall have more than five votes at the election of trustees; and Votes no religious test or qualification shall b^ required to entitle any one to became a contributor, stockholder, trustee, pro- fessor, or student in any of said schools (c). OCLXXVI. That the pecuniary and other affairs of each State Normal school shall be managed by a board of eighteen trustees, twelve elected by the contribu- tors or stockholders, and six appointed by the Superintendent of Public Instruc- tion (d). CCLXXVII. That the trustees On the TruMees repre- senting stock- part of the contr.butors or stockholders holders. shall be elected from their own number, at a meeting to be held on the first Mon- day in May, annually (e). Number of trus- tees, to beeiecte.l and appointed (c) Act May 20, 1857, sec. 3, P. L. p. 582. (d) Act April 12, 1875, sec. 1, P. L. p. 43. (e) Act April 12, 1875, sec. 2, P. L. p. 43. 270 SCHOOL LAWS AND DECISIONS State trustees. Trustees, how elected and ap- pointed. CCLXXVIII. That the contributors or stockholders shall, at the annual meet- ing, select and nominate, to the Superin- tendent of Public Instruction, twice as many persons as are to be appointed, from whom, if satisfactory to him, he shall appoint the required number, to act in the board as trustees on the part of the State; but if the nominations bc made be not satisfactory to the said Su- perintendent of Public Instruction, hs shall, with the advice and consent of the Governor, choose others deemed more suitable (f). CCLXXIX. That the first annual meet- ing after the passage of this act of the contributors or stockholders of all nor- mal schools now acting as State institu- tions, and at a meeting of the contribu- tors or stockholders of all normal school associations applying to the proper au- thorities for recognition as State normal schools, twelve persons shall be elected trustees on the part of such contributors or stockholders, four to serve for one year, four for two years, four for 'three years, and thereafter only four persons are to be elected annually, to serve for three years; and at the ^ame time, said (f) Act April 12, 1875, sec. 3, P. L. p. 43. OF PENNSYLVANIA. 271 meetings of contributors or stockholders shall nominate twelve persons to the Su- perintendent of Public Instruction, froci whom, if satisfactory, or if not, as here- inbefore directed, he shall appoint two trustees to serve for one year, two for Ter n) of service, two years, two for three years; the nom- inations for all subsequent years being limited to four, and the appointment of two to serve for three years (g). CCLXXX. That seven trustees shall Quorum. be necessary to constitute a quorum to do business; and that after the approval provided for in section seventh of the act of one thousand eight hundred and fifty- seven, all changes in by-laws and rules for regulating the proceedings of th*-; board must be approved by the Superin- Approval of , „ „ ... T ,. ,, ■ superintendent. tendent of Public Instruction (hj. CCLXXXI. That the powers and priv- a three-fourtbs ileges of the two classes of trustees in the board shall be the same; bu't it shall re- quire a three-fourths vote of all the trus- tees present at any meeting of the board to pass any motion or resolution on which the yeas and nays are called (i). CCLXXXII. That so much of the sixth Above section modified. (g) Act April 12, 1875, sec. 4, P. L. p. 43. (h) Act April 12, 1875, sec. 5, P. L. p. 43. (i) Act April 12, 1875, sec. 6, P. L. p. 43. 272 SCHOOL LAWS AND DECISIONS section of the act to which this is a sup- plement, as provides that it shall require a three-fourths vote of all the trustees present at any meeting of the board to pass any motion or resolution on which the yeas and nays are called, be and the same is hereby repealed, except so far as relates to any motion or resolution for the sale of real estate belonging to the corporation, or for the purchase of any real estate by the corporation, or for creating any lien on said real estate by payment or mortgage, or for the expendi- ture of moneys appropriated by the State where such expenditure is not specifically designated by law, or for the surrender of the franchises of the corporation: Provided, That at any such meeting a majority of the whole board of trustees be present (k). Moneys, how dis- CCLXXXIII. That all State appropra- tribnted. , tions made directly to normal schools shall be distributed through a commission, consisting of the Governor, the Superin- tendent of Public Instruction, and the Attorney General, on such conditions as shall protect the interests of the State, and to do exact and equal justice to the several school's; and . the conditions of (k) Act March 24, 1877, sec. 1. P.L. p. 27. OF PENNSYLVANIA. 273 all such appropriations, when made Lo aid students in becoming 'teachers, shall be fixed by the law making them (1). CCLXXXIV. That no institution shall indebtedness limited. hereafter be recognized as a State normal school with an indebtedness exceeding one-third of the value of the property be- longing thereto, nor without beine fullv provided with buildings, furniture and apparatus, as the law requires (m). CCLXXXV. That in case the real es- state may pur- chase In certain tate of any State normal school, upon oases. which the State has a lien or liens by mortgage, shall be exposed to sale by judicial process, it shall be lawful for the Governor, Superintendent of Public- Instruction and Attorney General, or a majority of them, if in their opinion thf interests of the State will thereby be promoted, to cause a bid or bids to be made on behalf of the State at any such sale, for such sum or sums of money as may in their judgment be necessary to secure and protect the interests of the Common wealtb, the ti'tle, in case the property shall be s'truck down at their bid, to be taken in the name of the Com- (1) Act April 12, 1875, sec. 7, P. L. p. 43. (m) Act April 12, 1875, sec. 8, P. L. p. 44. 18 274 SCHOOL LAWS AND DECISIONS When real estate has been sold. Money to meet bids of State officers. monwealth: Provided, That in no case shall such bid or bids exceed the amount of said lien or liens, together with prior liens, if any such exist (n). CCLXXXVI. In case any real estate shall at any such sale be struck down on the bid of the officers aforesaid, chev shall make return of their action in the premises to the Auditor General who upon passing the account, shall give a certificate of the fact and amount pay- able out of any appropriation made or to be made for that purpose (o). CCLXXXVII. There shall be and hereby is appropriated, to be paid out of any moneys in the treasury not otherwise appropriated, such sum or sums as may be required to meet the bids of said offi- cers, upon the amount being returned to and passed by the Auditor General as aforesaid (p). Gifts and be- quests. Gifts and Bequests. CCLXXXVIII. That after the said schools shall have been recognized under the provisions of this act it shall be lawful for them to receive, hold and uPe, under (n) Act June 4, 1879, sec. 1, P. L. p. 89. (o) Act June 4, 1879, sec. 2, P. L. p. 89. (p) Act June 4, 1879, sec. 3, P. L. p. 89. OF PENNSYLVANIA. 27 the direction of their trustees as afore- said, any devise, bequest, gift, grant, or endowment of property, whether '•eal cr personal, which may be made to them; and the same shall be so applied by tbe trustees as shall, in the opinion of a ma- jority of them, increase the efficiency and usefulness of the said schools, sub- ject, however, to any terms, conditions or restrictions which may be attached to such devise, bequest, gift, grant or en- dowment not inconsistent with the spirit and purposes of this act; and the said trustees shall have authority to bring suit in their name as trustees, and to do all other things necessary for tbe recov- ery, use and application of the same (q). Annual Report by Trustees. CCLXXXIX. That the trustees of each t K e e e P° rt by trUfi - of said schools, after being recognized under the provisions of this act, shall annually, in the month of June,* furnish, under oath or affirmation of the presi- dent of the board of trustees, to the Su- perintendent of Common Schools, a full account of its pecuniary condition, show- ing income and debts, if any, salaries and (q) Act May 20, 1857, sec. 4, P. L. p. 582. 276 SCHOOL LAWS AND DECISIONS other expenses, and dividends declared, together with the number of students admitted and graduated, the branches taught, the apparatus procured, the im- provements effected, and the changes made during the preceding year, and such other information as said Superin- tendent of Common Schools may, from time to time, by his general circular to all of said schools, require to be fur- nished; and each of said schools shall always be open to the visitation and in- spection of said Superintendent of Com- mon Schools, and of the county superin- tendents of all the counties within its normal school district (:). *Note — Changed to October, by act of April 11, 1862, sec. 15, P. L. page 475. Kequisite*. CCXC. That to entitle It to the benefits and privileges of this act each of said normal schools shall possess the following requisites: Buildings. Buildings. — Suitable buildings as here- . inafter provided, and an area of ground appurtenant thereto, of not less than ten acres in one tract, the whole of which shall be prepared and used as a place foi- gymnastic exercises and healthful recre- (r) Act May 20, 1857, sec. 5, P. L. p. 582. OF PENNSYLVANIA. 277 ation by students, except so much there- of as shall be necessarily occupied by the buildings, botanical and other gardens, and such other purposes as shall be plainly promotive of the great objects of the institution (s). ' Hall, Rooms, &c— The buildings shall Ha", etc contain a hall of sufficient size to com- fortably seat at least one thousand ad- ults, with class rooms, lodging rooms and refectories for at least three hundred students, all properly constructed and arranged as to light, heat and ventilation so as to secure the health and comfort of the occupants, with proper provision for physical exercise during inclement weather (t). Library.— Each school shall contain a Library . library room for the accumulation of books for the free use of the students, a cabinet for specimens and preparations to illustrate the natural and other sciences, and such apparatus and philo- (s) Act May 20, 1857, sec. 6, clause 1, P. L. page 582. ft) Act May 20, 1857, sec 6, clause 2, P. L. p. 583. 278 SCHOOL LAWS AND DECISIONS sophical instruments as are indispensa- ble for the same purpose, (u). Professors, Professors. — Each school shall have at least six professors of liberal education and known ability in their respective de- partments, namely: One of orthographv. reading and elocution; one of writing; drawing and book-keeping; one cf arith- metic and the higher branches of mathe- matics; one of geography and nistory; one of grammar and English literature; and one of theory and practice of teach- ing, together with such tutors and as- sistants therein, and such professors jf natural, mental and moral sciences, Ian guages and literature, as the condition of the school and the number of the stu- dents may require (v). principal 1101 " ° f Duties of Principals.— The principal of each normal school shall be a professor of such one of the six indispensable branches as may be assigned to him by the trustees, and he shall be charged with the whole discipline and interior government of the school in conformit' (u) Act May 20, 1857 sec. 6, clause 3 P. L. p. 583. (v) Act May 20, 1857, sec. 6, clause 4, P. I,, p. 583. OF PENNSYLVANIA. 27!) with such regulation as shall from timp to time be adopted by the trustees and approved by State Superintendents of Common Schools (w). Model School.— Each school shall ha'.e Model schools, attached to it one or more schools for practice or model schools, with not less than one hundred pupils from the chil- dren of the vicinity, and so arranged that the students of the normal school shall therein acquire a practical knowl- edge of the art of teaching under the in- struction of their proper professors (x). Note.— See also sections CCXCI.CCXCII. Qualifications and Term of Study.- - Qualifications ^ anil terra of The qualifications for admission into, and study, the course and duration of the term of study in all the schools shall be such s shall be approved by and at a meeting ot all the principals of the normal schools then recognized under this act; such meeting to be called from time to time as he may deem expedient, by the State Superintendent of Public Instruction. (w) Act May 20, 1857, sec. 6, clause 5, P. L. p. 583. (x) Act May 20, 1857, sec. 6, clause 6, P. L. p. 583. 280 SCHOOL LAWS AND DECISIONS Meetings of principal*. Books. and to take place at one or other of the annual examinations hereinafter pro- vided for, except the first meeting, which shall be held at such time and place as he may indicate; and at such meetings tne acts of the majority of the principals shall be binding on all the schools hi reference to the qualifications for admis- sion and the course and term of study, when approved by the State Superin- tedent of Common Schools (y). Meetings of Principals. — That a meet- ing of the principals of the several nor- mal schools, for the purpose of fixing upon a general course of study and ar- ranging other matters coming within their jurisdiction as a body, snail be called at Harrisburg by the Superintend- ent of Public Instruction whenever be shall deem it necessary, or upon a re- quest so to do, made by three principals of state normal schools (z). Text-books. — The text-books to be used in each of said schools shall be such as may be selected by its proper professors, (y) Act May 20, 1857, sec. 6, clause 7, P. L. p 583. (z) Act April 12, 1875, sec. 10, P. L. p. 44. OF PENNSYLVANIA. 281 with the approbation of the trustees thereof (a). Private Students. — Studenits, other than private students, those admitted on district account, to pay such sum for tuition as the trustees shall determine; but in the admission of such students, 'the preference always to be given to such as are designed for the profession of teaching, and between pri- vate and public students a like prefer- ence to be given to the latter, in case of insufficieny of room to accommodate all who apply; and no difference in the charge for boarding and lodging to be made in favor of any class of situdents (b). Annual Examinations. CCXCI. That the requisites to en- Examinations, title any school to the benefits of this act, or the one 'to which this is a supple- ment, as se»t forth in the sixth section thereof, are hereby altered in the follow- ing particulars, viz: The pupils of thfi model school may or may not be from the immediate vicinity of the normal (a) Act May 20, 1857, sec. 6, clause 8, P. L. p 583. (b) Act May 20, 1857, sec. 6, clause 10. P. L. p 584. 282 SCHOOL LAWS AND DECISIONS Cost of tuition. Examinations, by whom and in what studies. school with which it is connected, as in the discretion of the trustees thereof shall seem most expedient. That the cos't of the tuition of all classes of students, whether admitted on com- mon school district account, private account, or whether they are actual school teachers shall be fixed by the trus- tees of the several schools; that the ex- amination of students for graduation, if only one school shall be in recognized operation, shall be by the faculty there- of; if two schools shall be in operation, it shall be by the principals of both; if three, it shall be by the principals of all, or at least two of them; and when more than three shall be in operation, the ex- amination shall never be conducted by less than three principals, to be desig- nated as prescribed by the twelfth para- graph of the sixth section of said act, of whom the principal of the school whose students are to be examined shall be one-. And provided, That these examinations shall, in all cases, be conducted in the presence of the Superintendent ->f Com- mon Schools and 'the county superintend- ents of the proper district, if they desire to attend, upon receiving due notice, that the certificate to graduates shall em- brace such branches of learning, in al- OF PENNSYLVANIA. 283 dition to those of orthography, reading, writing, English grammar, geography and arithmetic, as shall be prescribed by the board of principals in accordance with the seventh paragraph of the sixth sec- tion of said act, or by the principal of the first school recognized, so long as only one shall be in operation; and the certificate shall be signed by all the ex- aminers, if less, and by at least two- thirds of them, if more than three, and also by the whole faculty of the proper school in every case (c). Note.— See Sections CCXCIII, CCXCIV. CCXCII. That from and after the pass- Trustees of nor- age of this act it shall be lawful for tfcJ Mhoowirectow trustees of the State Normal schools now {Sstructfon^f 10 within the Commonwealth of Pennsylva- certain pupils, nia, or that may hereafter be established within said Commonwealth, and the school directors of any school district to enter into an arrangement or agreement Model school. between such trustees and such school directors of such district by which the pupils of such school district, or any portion of them as may not be conve- nient to any school, may be instructed Expense. (c) Act of April 15, 1859, sec. 2, P. L. page 680. 284 SCHOOL LAWS AND DECISIONS Action to be en- tered on minutes. Examinations of graduating classes. Board of exam- iners, who shall constitute. Appointment of board Expenses of board. $2. COO directed to be appropriated. at any such State Normal' School, and the expense of such instruction shall be paid as may be agreed upon between the directors or controllers of such district and the trustees of any of said Normal Schools. Such action of the said school district or districts and the trustees of such State Normal school shall be en- tered, respectively, upon the minutes of the said respective boards (d). CCXCIII. That all examinations of the graduating classes at the normal schools shall be conducted by a board, of which the Superintendent of Public Instruction or his deputy shall be president, of two principals of the normal schools of whom the principal of the school where the students are to be examined shall be one, and not lass than two nor more than six county, city, borough or town- ship superintendents, to be appointed by the Superintendent of Public Instruc- tion (e). CCXCIV. The expenses incurred by the members of the several boards of exam- iners shall be paid by the State, as provid- ed by existing laws, and the sum of two thousand dollars, or so much thereof as (d) Act June 28, 1895, sec. 1. P. L. p. 412. (e) Act April 23, 1895, sec. 1, P. L. p. 41. OF PENNSYLVANIA. 285 may be necessary, shall be annually ap- propriated for that purpose (f). CCXCV. All acts or parts of acts in- Repeal. consistent herewith are hereby re- pealed (g). Number of votes required.— That no oerson shall graduate at a State normal school, or receive a State certificate as a praet'eal teacher unless by the affirm- ative vote of four out of five members of the board of examiners (h). 185. It is not in accordance with the true intent and meaning of the normal school law for a board of trustees of a State normal school to place the ap- pointment of teachers and employes, and the whole pecuniary and disciplinary con- trol of it in the hands of a principal. 186. The law makes it the plain duty of boards of trustees to fix the charges for tuition and boarding, the salaries of teachers and the wages of employes. It places the whole pecuniary management in their hands. The principal of such a (f) Act April 23, 1895, sec. 2, P. L. p. 41. (g) Act April 23, 1895, sec. 3, P. L. p. 41. (h) Act April 12, 1875, sec. 9, P. L. p. 44. 286 SCHOOL LAWS AND DECISIONS school should receive a fixed salary like any ether officer. He should have nothing to do with the pecuniary affairs of the school, except as the agent of the trustees. 187. "Each school shall have at least six professors of liberal education and known ability in their respective depart- ments, and the principal of each normal school shall be a professor of such one of the six indispensable branches as may be assigned him by the trustees." From this it is clear that the profes- sors are all to be elected by the trustees, the principal included, and to each is to be assigned by them his special duty as an instructor. The principal, of course, must have the supervision of the whole work of instruction, but it is no part of his duty under the law, to appoint teach- ers. 188. In the same section it is provided that "He (the principal) shall be charged with the whole discipline and interior government of the school, in conformity with such regulations as shall, from OF PENNSYLVANIA. 287 time to time, be adopted by the trustees and approved by tbe State Superinten- dent of Public Instruction." 189. This provision is in conformity with 'the whole law. It makes the trus- tees the highest authority in matters re- lating to the discipline of the school, as they are in the management of its pecu- niary affairs and the election of the members of its faculty. 190. The State, in the general appropri- ation act of April 11, 1866, pp. 73-74, sec. xvi, and in the subsequent appropria- tion acts, makes provision for granting State aid to students in the State normal schools. The law provides as follows: "For each student over seventeen years of age, who shall sign a written declaration, in the form prescribed by the Superintendent of Public Instruction, that said student inteuds to teach in the common schools of the State, there shall be paid the sum of fifty cents per week toward the expenses of said student. "For each student who was disabled in the military or naval service of the 288 SCHOOL LAWS AND DECISIONS United States, or of Pennsylvania, or whose father lost his life in said service, and who is over seventeen and not over twenty-two years of age, and who shall sign a declaration as herein provided, there shall be paid the sum of one dollar per week; to each student who, during the school year commencing on the first Monday in June, one thousand eight hun- dred and sixty-six, shall have graduated at any of the normal schools of the State, and who shall sign an agreement, bind- ing said student to teach in the common schools of the State two full years, thei'e shall be paid the sum of fifty dollars." Must receive in- "Provided, That each student in a nor- etruction tn mal school, drawing an allowance from in e- the State, must receive regular instruc- tion in the science and art of teaching in a special class devoted to that object, for the whole time such an allowance is drawn; and in the allowance to soldier students in normal schools, no distinc- tion shall be made on account of age" (i). (i) Appropriation act, 1869, sec. 14, P. L. page 38. OF PENNSYLVANIA. 289 191. Any student, to secure the benefits of this appropriation, must attend the school at least one term ot twelve con- secutive weeks, and must be over seven- teen years of age during the time of at- tendance. Students receiving the several sums per week, shall have deducted from their regular expenses the full amount thus received from the State. The Superintendent of Public Instruc- tion shall not issue his warrant for 'the amount thus 'claimed by any of the said schools, until there shall be on file in his office a report from the principal of said school, authenticated by his oath or af- firmation, and certified to by the presi- dent of the board of trustees, stating the exact number of students over seventeen years of age that have attended the school for at least twelve consecutive weeks within the school year of the sev- eral normal schools, commencing on the first Monday of September, and who have, in all respects, conformed to the 19 290 SCHOOL LAWS AND DECISIONS conditions and requirements herein made regarding such students; how many thus attending are disabled soldiers or sailors, or orphans whose fathers died in the ser- vice of the country, and how many have graduated during the term for which said report is made, and who have also complied with the conditions herein,* to- gether with their names and address, date of entrance and withdrawal from the school, stating also whether the whole amount to be allowed to each stu- dent has been deducted from his ex- penses. how privi leges of CCXCVI. That when the trustees of this act obtained. any sc hool desirous of claiming the priv- ileges of this act shall make application to the State Superintendent of Common Schools, it shall be the duty of the Super- intendent of Common Schools, together with four other competent and disinter- ested persons, to be chosen by him, with the consent of the Governor, and all the superintendents of the counties in the normal school district in which such school shall be situated, on receiving due notice from the department of common OF PENNSYLVANIA. 291 schools,, personally and at the same time, to visit and carefully inspect such school; and if, after thorough investigation thereof, and of its by-laws, rules and reg- ulations, and of its general arrangement and facilities for instruction, they, or at least two-thirds of them, shall approve the same, and find that they fully come up to the provisions of this act, in that case and no other they shall certify the same to the department of common schools, with their opinions that such school has fully complied with the pro- visions of this act as far as can be done, before going into operation under this act; whereupon the State Superintendent shall forthwith recognize such school as a State normal school under this act, and give public notice thereof in two newspapers in each county in the proper normal school district, and thencefor- ward this act shall go into full operation so far as regards such schools without any further proceedings. And if, upon due inspection, any school so applying shall be found insufficient under this act, said board of inspectors shall so report to the Superintendent of Common Schools, who shall thereupon inform the 292 SCHOOL LAWS AND DECISIONS trustees thereof of such adverse re- port (k). Rival Applications. CCXCVII. That if two or more schools Rival applica- tions for recogni- apply in the same district to be recog- tion. nized under this act at the same time, all of them shall be visited in the manner prescribed by the next preceding section, and the one found to possess the largest and best accommodations and arrange- ments to give effect to the purposes of this act, shall be preferred, and so certi- fied if it fully come up to the require- ments of this act; and if two or more schools in the same district be found to possess equal accommodations and ar- rangements fully up to the requirements of this act, in that case the one nearest to the centre of the proper normal dis- trict shall be preferred and certified for recognition to the department of common schools, and if one or more of the schools thus applying for recognition give notice to the Department of Common Schools, with reasonable assurance that it or the3 r are not now ready for inspection under the seventh section of this act, but will (k) A.ct May 20. 1857, sec. 7. P. L. p. 584. OF PENNSYLVANIA. 293 be within the term of six mouths from and after the date of such notice, in that case none of the applicant schools shall he inspected in such district till such time, within said six months, when all shall be prepared for inspection, when like proceedings shall take place as have been prescribed in the preceding part of this and the seventh section (1). Certificate of Scholarship. CCXCVIII. That the board of principals Examination of who shall examine the candidates for equates, graduation in any of the normal schools under this act, shall issue certificates to be signed by all of them, to all such stu- dents of the full course as two-thirds of the board shall approve, setting forith expressly the branches in which each have been found duly qualified, which certificates must embrace all the branches enumerated in the fourth article of the sixth section of this act, including the theory, but not including the prac- tice of teaching, and may also embrace any additional branches in which the graduate was found proficient. Actual Actual teachers may be examined. teachers of common school in good stand- (1) Act May 20, 1857, sec. 8, P. L. p. 585. 294 SCHOOL LAWS AND DECISIONS ing, who shall produce satisfactory evi- dence of having taught in common schools during three full consecutive annual terms of the districts in which they were employed, may also be examined at the same time and in the same manner with the regular students of their proper nor- mal school, and if found equally qualified, shall receive certificates of scholarship of the same kind; and all the certificates granted under this section shall be re- ceived as evidence of scholarship, to the extent set forth on the face of them, without further examination, in every part of the State. And whenever the holder of any certificate, under this sec- tion, shall, by study and practice, have prepared for examination in any branches Additional of study additional to those in such cer- liranehes. tificate, he or she may attend the annual examination of the normal school of the district, and if found duly qualified, shall receive a new certificate, setting forth all the branches in which, up to that time, he or she may have been found proficient; and thenceforth such enlarged certificate shall also be evidence of scholarship to the extent of it, in every part of the State, without further examination (m). (m) Act May 20, 1857, sec. 9, P. L. p. 585. OF PENNSYLVANIA. 295 Teachers' State Certificate. CCXCIX. That no certificate of com- Fllll certificates petence in the practice of teaching shall after two years, be issued to the regular graduate of any of said normal schools till after the ex- piration of two years from the date of graduation, and of two full annual terms of actual teaching in the district or dis- tricts in which such graduate taught, nor to any teacher who shall hold a full certificate of scholarship, without having been a regular student and graduate, un- less upon full proof of three years' actual teaching in a common school or schools, nor in either case without the production of a certificate of good moral conduct, and satisfactory discharge of the requisite duration of professional duty, from the board or boards of directors in whose em- ployment the applicant shall have taught, countersigned by the county superinten- dent of the proper county or counties, on the production of which proof, and not otherwise, a full certificate of competence in the practice of teaching shall be added to the certificate of scholarship, and of theoretical knowledge, of the science of teaching already possessed, t n be received as full evidence of practical qualification to teach in any part of the State without 296 SCHOOL LAWS ANT) DECISIONS Proviso. l'urther examination: Provided, however, That practical teachers who shall, upon due examination, receive a certificate of scholarship, may at the same time re- ceive a certificate in the practice of teach- ing, upon producing the required evi- dence of three years' previous experience in the art of teaching and of good moral conduct (n). 192. Each applicant who is not a regu- lar student and graduate, must be twenty- one years of age, of good moral charac- ter, and have taught successfully during three consecutive terms in a common school or in common schools in this State; the proof of age to be the declaration on honor of the applicant; and of moral character, and on the satisfactory dis- charge of the requisite terms of teach- ing, a certificate from the proper board or boards of directors, signed by the presi- dent and secretary, and countersigned by the proper county superintendent or superintendents. 193. The examination to be in the ele- (n) Act May 20, 1857, sec. 10, P.L. p. 586. OP PENNSYLVANIA. 297 mentary or scientific course, as the appli- cant may select, according to the list of studies as printed in the circulars of the State normal schools, and approved by the Superintendent of Public Instruction, or in such other studies as may be deemed by the board of examiners as equivalent. 194. Each applicant shall prepare and present to the board of examiners an orig- inal thesis on some professional subject, of not less than six folio pages of manu- script, to be retained at the school where the examination takes place. CCC. That no temporary or pro- cannot issue a visional certificate of any less degree of pr™visionai°ceni- scholarship than that required by the ninth section of this act, shall be issued by said board of principals, nor by the faculty of any of said schools; but the principal of each of the said schools may certify in writing to the length of time which teachers may have attended under the eleventh article of the sixth section of this act, and the manner of their de- portment while in attendance (o). flcate. (o) Act May 20, 1857, sec. 11, P. L p. 586. 19* 298 SCHOOL LAWS AND DECISIONS Duty of superin- tendent of com- mon schools. Duty of Superintendent of Public Instruc- tion. CCCI. That it shall be the duty of the Superintendent of Common Schools to prescribe all forms and to give all in- structions required for carrying this act into full effect, on all points not herein set forth in detail (p). Report to State Superintendent. COLLEGES AND ACADEMIES. CCCII. That on or before the first day of November, annually, it shall be the duty of the president, faculty or trustees of each university or college, and the preceptor, trustees or managers, of each academy or school, other than common schools, hav- ing received aid from this Common- wealth, to report the number of students in each class, and the total number of graduates, if any, course of studies pur- sued, financial resources and expenses, the future prospects of their several in- stitutions, accompanied with such re- marks as may illustrate their general condition, to the Superintendent of Com- mon Schools, so much of which, it shall be his duty to lay before the Legislature, (p) Act May 20, 1857, sec. 13, P.L. p. 587. OF PENNSYLVANIA. .299 in his annual report as he may deem proper (q). CCCIII. That the trustees of any academy M r ^ertV D to e D oard or seminary in this Commonwealth, which of directors, received money or land therefrom for educational purposes, are hereby author- ized and empowered to convey by deed of not less than two-thirds of their num- ber to be approved by the court of com- mon pleas of the proper county, all the real estate, buildings, and property and funds of, or belonging thereto, to the board of directors and their successors in office, of the common schools of the dis- trict in which the main building thereof may be situated, to be used and applied by said directors for the purposes of com- mon school education, and for no other purpose: Provided, That when a high Proviso, common school shall have been establish- ed therein, by means of said property, the citizens of the county within which said district is situated shall have the right to have their sons and daughters admitted into such high school, if duly qualified, on paying to the treasurer of said district the same rate of tuition for each, which (q) Act April 1, 1836, sec. 1, P. L. 1835-8, p. 342. 300 SCHOOL LAWS AND DECISIONS it shall annually cost said district, per student, to keep said high school in oper- ation, without adding anything thereto for the use of the building (r). CCCIV. That in all cases where the trustees of any academy or seminary in this Commonwealth.which received money or land therefrom for educational pur- poses, have conveyed the real estate, buildings, and property and funds of, or belonging thereto, to the board of direc- tors, and their successors in office, of the common schools of the district in. which the mam building thereof was situated, in pursuance of the authority contained in section sixteen of the act of April eleven, one thousand eight hundred and sixty-two, and when the amount or value of such estate, real and personal, still re- maining unused and unexpended by the said school district exceeds ten thousand Duty of the court, dollars ($10,000), it shall be the duty of the court of common pleas of the proper county, upon petition of the majority of the board of school directors of said school district presented for that purpose, to appoint a suitable person as trustee of said estate thus transferred and still re- (r) Act April 11, 1862, sec.16, P.L. p. 475. OP PENNSYLVANIA. 301 maining unexpended, who shall receive the same, collect the money due upon the securities and convert the stock into money if deemed for the best interest of the district, and invest and keep invested from time to time, aii moneys received or collected at interest in bonds or mort- gages upon real estate or in the interest- bearing debt of the State or of the United States, as may be approved by said court, and pay over the interest or income there- |. ay t0 treasurer of regularly to the treasurer of said school of sch001 district district for the purposes aforesaid, first , deducting therefrom all reasonable ex- penses attending the execution of the trust, including a compensation to said trustee not exceeding four per cent, upon the income received (s). CCCV. Before the said trustee or his shall give bond, successors in the trust shall receive any part of said money, securities or stocks, he shall give bond to said district in such sums and with such sureties as shall be approved by said court, conditioned for the faithful performance of all duties pertaining to said trust, and paying and delivering over to his successor therein, or other party legally entitled to receive (s) Act June 10, 1881, sec. 1, P. L. p. 119. 302 SCHOOL LAWS ANT) DECISIONS Court may re- move trustee. Institutions of learning which nre incorporated sh:ill have fol- lowing powers. the same, all moneys and securities re- ceived and held by him as a trustee; and he shall, on the first day of the first term of each year, exhibit to said court, a full, true and correct account in writing, under oath, of his management of said trust fund, how and in what securities the same is invested, and the rates of inter- est received thereon, which account, when examined and approved by the said court, shall be filed with the records thereof. Said court shall also have the power, at any time sufficient cause is shown, to re- move said trustee or require of him addi- tional sureties for the performance of his trust, and shall, whenever, and as often as a vacancy occurs by reason of such re- moval, or the death or resignation of said trustee, appoint a suitable person as his successor; and said trustee shall in all respects be subject to the control and jurisdiction of said court in like manner as other trustees under existing laws (t). CCCVI. That all institutions of learn- ing hereafter to be incorporated as colleges, universities, or theological seminaries with power to confer degrees in art, pure and applied sci- (t) Act June 10, 1881; sec. 2. P. L. p. 120. OF PENNSYLVANIA. 30^ Succession. ence, philosophy, literature, law, medi- cine and theology, or any of them, shall be incorporated in the manner hereinafter set forth, with general power as follow;: First. To have succession by their cor- porate names for the period limited by their charters, and when no period is limited thereby, or by this act, perpetu- ally, subject to the power of the General Assembly, under the Constitution of this Commonwealth. Second. To maintain and defend judi- judicial proceed- cial proceedings. ing8 ' Third. To make and use a common seal seal, and alter the same at pleasure. Fourth. To hold, purchase and transfer Pl . opert y. such real and personal property as the purposes of the corporation require, not •exceeding the amount limited by its char- ter or by law. Fifth. To appoint and remove such sub- ordinate officers and agents as the busi- ness of the corporation requires, and to allow them suitable compensation. Sixth. To make by-laws not inconsist- ent with law, for the management of their property and the regulation of its affairs. Seventh. To enter into any obligation obligations. Officers and agents. By-laws. 304 SCHOOL LAWS AND DECISIONS Certificate of in- corporation. What shall be set forth. necessary to the transaction of their or- dinary affairs (u). CCCVII. Whenever five or more per- sons, three of whom at least are citizens of this Commonwealth, shall voluntarily as- sociate themselves together for the pur- pose of obtaining a charter of incorpora- tion as a college, university or theologi- cal seminary with power to confer de- grees as aforesaid, they shall prepare a certificate of such intended incorporation which shall set forth: I. The name of the corporation. II. The purpose for which it is formed. III. The place or places where its busi- ness is to be transacted. IV. The term for which it is to exist. V. The names and residences of the subscribers. VI. The number of its directors, trus- tees or managers and the place of resi- dence of those who are chosen as such for the first year. VII. The amount of assets in the pos- session of said subscribers which are to be devoted to the purpose of establishing and conducting said college or university. VIII. The minimum number of persons (u) Act June 26, 1895, sec. 1, P. L. p. 327. OF PENNSYLVANIA. 305 whom it is intended to regularly employ as members of the faculty of said corpora- tion. IX. A brief statement of the require- ments for admission and of the course of study to be pursued in said institution (v). CCCVIII. Notice of the .intention to ap- Publication oi notioe etc ply for any such charter shall be inserted in two newspapers of general circulation, printed in the proper county, for three weeks, setting forth briefly the character and object of the corporation to be form- ed and the intention to make application therefor (w). CCCIX. The said certificate of incor- certificate shall be acknowledged. poration shall be acknowledged by at least three of said subscribers, and be- fore the recorder of deeds, et cetera, of the county in which the business of the corporation is to be transacted, to be their act and deed and for the purposes therein contained, and the same having been fully certified under the hand and official seal of said recorder of deeds, et cetera, shall be presented to any law shaii be present- judge of a court of common pleas of said ed t0 aw:!U ee ' county, accompanied by the proof of puo- (v) Act June 26, 1895, sec. 1, P. L. p. 327. (w) Act June 26, 1895, sec.3, P. L\ p. 328. 20 306 SCHOOL LAWS AND DECISIONS Shall be certified to Superintend- ent of i'ublic In- struction. Application must bp passed on by "College and University Coun- cil." "College and University Coun- cil" established. lication of the notice of such application, who is hereby required to peruse and ex- amine said instruments, and, if the same be found to be in proper form and within the purposes of this act and shall appear lawful and not injurious to the commu- nity, he shall endorse thereon these facts and shall thereupon direct the prothono- tary or clerk of said court to transmit to the Superintendent of Public Instruc- tion of the Commonwealth a certified copy of said certificate of incorporation, to- gether with the said endorsements there- on (x). CCCX. No charter for such incor- poration, with power to confer degrees as aforesaid, shall be granted until the merits of the application, from an educa- tional standpoint, shall be passed upon by a board to be styled the "College and University Council," which shall consist of twelve members, namely, the Governor, the Attorney General and the Superinten- dent of Public Instruction, who shall be members ex-officio, three persons selected from the presiding officers of undenomi- national colleges or universities of this Commonwealth, three persons selected (x) Act June 26, 1895. sec. 4, P. L. p. 328. OF PENNSYLVANIA. 307 from the presiding officers of denomina- tional colleges or universities of this Commonwealth, and three persons hold- ing official relationship to common schools of the State. Those who are not ex-officio members shall be appointed by the Gov- ernor, with the advice and consent of the Senate, for a term of four years (y). CCCXI. No institution shall be char- tered with the power to confer degrees, unless it has assets amounting to five hundred thousand dollars invested in buildings, apparatus and endowments for the exclusive purpose of promoting in- struction, and unless the faculty consists of at least six regular professors who de- vote all their time to the instruction Of its college or university classes, nor shall any baccalaureate degree in art, science, philosophy or literature be conferred upon any student who has not completed a college or university course covering four years. The standard of admission to these four year courses or to advanced classes in these courses shall be subject to the approval of the said council (z). CCCXII. Upon the receipt of said certi- fy) Act June 26, 1895. sec. 5, P. L. p. 329. (z) Act June 26, 1895, sec. 6, P. L. p. 329. Members. Appointment and term of members. Assets necessary before Incorpora- tion. Faculty. Who can receive degrees. Standard of ad- mission. 308 SCHOOL LAWS AND DECISIONS when council fied copy of certificate of incorporation as shall consider ,. . r applications. directed in section four of this act, the and approve or -j a • ■, disapprove same. saici Superintendent of Public Instruction shall, within sixty days thereafter, cause said "College and University Council" to be convened at such time and place as he may designate, and said council shall thereupon hear and consider said appli- cation, and if the course of instruction and standard of admission to said insti- tution and the composition of the faculty shall appear to said council to be suffi- cient, and the educational needs of the particular locality in which the proposed institution is to be situated and of the .Commonwealth at large are likely to be met by the granting of said application, the said council shall thereupon cause to be endorsed on said application or certifi- cate its findings and its approval of the Recommendation same, together with a recommendation to pnnrt. to the law judge or court before whom the same was originally presented that the same be granted. If, in the judgment of the council, the said application should not be granted, it shall endorse thereon its findings, and -its disapproval of the same with a recommendation that said ap- plication berefused. The said certified copy of said certificate shall, with the endorse- to court. OF PENNSYLVANIA. 309 ments thereon, thereupon be returned to the said law judge or court.who, in finally passing upon the application, shall be guided in his decree by the finding of the College and University Council. In case the law judge, after giving his considera- tion to the findings of said council, shall be satisfied with the propriety of the ap- plication in view of all the facts, he shall approve the same and order and decree that, upon the recording of said certifi- cate with the recommendation of said council and a copy of said order of court in the recorder's office aforesaid, the sub- scribers thereto and their associates and successors shall be a corporation for the purpose and upon the terms therein stated, and thenceforth the persons named herein and subscribing the same, and their associates and successors shall be a corporation by the name therein given. In case of the disapproval of said appli- cation by the council aforesaid the pro- posed charter shall not be granted (a). CCCXIIL In the transaction of business of said "College and University Council" the concurrence of a majority of the members thereof shall be required (b). (a) Act June 26, 1895, sec. 7. P. L. p. 329. (b) Act June 26, 1895, sec. 8. P. L. p. 330. Action of court on recommendation of council. When subscriber shall be a corpor- ation. When charter shall not be griinted. Majority of council necessary to decide. 310 SCHOOL LAWS AN'D DECISIONS Institutions shall be subject to visi- tation and Inspec- tion by council. Meetings of coun- cil. Amendments to charters of insti- tutions already incorporated. CCCXIV. All institutions chartered un- der this act shall be subject to visitation and inspection by representatives of the council, and if any one of them shall fail to keep up the required standard the court shall, upon the recommendation of the council, revoke the power to confer de- grees (c). CCCXV. The council shall meet regu- larly on the first Tuesday of October pre- ceding the biennial session of the Legis- lature, and shall submit to that body a biennial report upon higher education in Pennsylvania; said report to be printed in connection with the report of the Su- perintendent of Public Instruction (d). CCCXVI. Any college, university or theological seminary, heretofore incor- porated under the laws of this Common- wealth, may apply to any law judge of any court of common pleas of the county in which the business of such corpora- tion is transacted for amendment to its charter, enabling it to confer degrees in like manner as institutions originally in- corporated under this act, and in the application therefor it shall follow the re- quirements of this act in respect of ap- (c) Act June 26, 1895, sec. 9. P. L. p. 330. (rl) Act June 26, 1895, sec. 10. P.L. p. 330. OF PENNSYLVANIA. 311 plications for original charters or incor- poration and the method of procedure prescribed therefor. Such applications for amendments shall be acted upon by the same authorities and in the same manner as provided in this act for the original incorporation of colleges, univer- sities and theological seminaries. No such amendment shall be granted, how- ever, unless the institution applying therefor shall bring itself within the pro- visions of this act as fully as is required fn the granting of original charters under this act (e). CCCXVII. When a college or theological college hereto- tore incoruorated seminary has heretofore been incorporated must have funds invested amimril- by special act of Assembly, it may obtain ing to $100,000. the power to confer degrees from the courts as above set forth, provided it has invested funds amounting to one hundred thousand dollars at the time of the passage of this act. This act further- more shall not impair the authority of Act shall not im- pair authority of colleges heretofore incorporated by such colleges in certain cases, courts of common pleas with power to confer degrees in cases where such insti- tutions have property or capital, at the time of the passage of this act, of at (e) Act June 26. 1895. sec. 11, P.L. p. 330. 312 SCHOOL LAWS AND DECISIONS Nor of universi- ties. Certain institu- tions n't included under provisions of this act. least one hundred thousand dollars, and which shall, within three months after the passage of this act, file with the Su- perintendent of Public Instruction of this Commonwealth a sworn statement that the assets held by them individually for the purpose of promoting education in the higher branches of human learning amounting to the sum of one hundred thousand dollars, nor shall this act impair the authority of universities similarly in- corporated by the courts with the power to confer degrees in cases where such in- stitutions possess property at the time of the passage of this act amounting to the sum of five hundred thousand dollars, and which shall, within three months from the passage of this act, file with the Su- perintendent of Public Instruction of this Commonwealth a sworn statement that the assets held by them individually for the purpose of promoting instruction in the higher branches of human learning amount to the sum of five hundred thou- sand dollars; none of the provisions of this act, however, shall be construed as applying to institutions possessing capital stock and established for purposes of pri- vate profit or gain (f). (f) Act June 26, 1895, sec. 12, P.L. p. 330. OF PENNSYLVANIA. 313 DISTRICT SCHOOL ' LIBRARIES. CCCXVIII. That whenever, by subscrip- Pch00 i libraries, tion or otherwise, a collection of books or funds to purchase the same, shall have been obtained to form a public library in and for any common school district in this Commonwealth, it shall be the duty of the board of directors thereof, for the time being, to select the most suitable school house therein in which said library shall be placed, preferring, if otherwise expedient, the school house in which the district institute is held, and to provide out of the school funds of the district a suitable case or cases for said library, and for such additional books as may annually be added thereto (g). CCCXIX. That it shall be the duty of Board to receive the said directors to receive into the dis- trict treasury all moneys contributed or otherwise obtained for the purchase or in- crease of the district library, and to select and purchase the books therefor, or to ap- point a committee of the board, or of not less than three citizens of the district, to make such selection and purchase, and also from time to time thereafter to make additional selections and purchases in the (g) Act May 5, 1864, sec. 1, P. L. p. 826. 314 SCHOOL LAWS AND DECISIONS same manner, but that no books shall be donated or placed in said library without the approbation and consent of the select- ing committee, nor shall the proper board of directors appropriate any of the school funds of the district to the purchase of books for the library, except such works of a strictly professional character, as shall be necessary and proper for the study and improvement of the teachers of the proper district; and all moneys re- ceived by said board for library purposes shall be annually accounted for at the settlement of its accounts, in the same manner as common school funds are now by law accounted for (h). Ownership. CCCXX. That the legal possession and ownership of the books, cases and other appendages of the district library, shall be and remain in the proper board of directors and their successors in office as trustees for the district, and that the felonious taking and carrying away there- of, or of any part thereof, or of any book, article or apparatus or furniture, from or belonging to any common school house, shall and is hereby declared to be larceny, and the breaking into a common school (h) Act May 5, 1864, sec. 2, P. L. p. 827. OF PENNSYLVANIA. 315 house at night with intent to commit lar- ceny, as herein set forth, or any felony, shall and is hereby declared to be bur- glary, and that any larceny or burglary so committed, shall be punished as in other cases under existing statutes (i). CCCXXI. That any person over twelve years of age, and resident in the proper district, whether contributor or not to the library, shall be entitled, without charge, to the use of the books thereof, according to the rules and regulations thereof; but that no book shall be issued to any minor without the order of his or her parent, guardian or master, who shall thereupon become liable to all the pen- alties for the abuse, loss or undue detain- ment of any book by said minor; and all entries of the issue of books duly made in the library list by the librarian at the time of such issue, shall be prima facia evidence thereof in a suit for any penalty, or for the value of any book (k). CCCXXII. That the proper board of di- Kuies and reguia rectors, and their successors in office, shall make, and from time to time, as shall be proper, alter and amend the nec- (i) Act May 5, 1864, sec. 3, P. L. p. 827. (k) Act May 5, 1864, sec. 4, P. L. p. 827. 316 SCHOOL LAWS AND DECISIONS Penalties. Librarian. Must make set- tlement. essary rules and regulations for the care, issue, use and return of the books of the district library and ordain such penal- ties for the abuse, loss or undue detain- ment thereof, as to them shall seem just and proper; which penalties shall be re- coverable as debts of like amount are now by law recoverable; and such penalties shall either be payable to the librarian in compensation of his services, or into the library fund, as the proper board of direc- tors shall determine (1). CCCXXIII. That the secretary of the proper board of directors, or such other member of the board may select, shall be the general librarian of the district li- brary; and that the principal teacher of the school held in the house in which the library is kept, shall be the assistant li- brarian while in charge of said school, and while so in charge, such assistant librarian shall have the charge of the li- brary, so far as relates to the care, issue and return of books and the keeping of the list thereof; but that neither the li- brarian, as secretary, nor the assistant, as teacher, on going out of office, shall receive his final instalment of salary till (1) Act May 5, 1864, sec. 5, P. L. p. 827. OF PENNSYLVANIA. 317 he shall first have accounted for all the books belonging to the library, to the sat- isfaction of the proper board (m). CCCXXIV. That when the pupils or Duty of board. other persons connected with any com- mon school, shall have procured books or funds for the purchase of books for a school library therefor, it shall be the duty of the directors of the proper dis- trict, to provide out of the school funds of the district, a suitable case therefor, and also for such additions as may subse- quently from time to time be made there- to; and the selection and purchase of the selection of books books for such school library, and of all additions thereto, shall be made by a com- mittee composed of the teacher of the school for the time being, and of not less than two parents of pupils attending such school, to be chosen by all the at- tending pupils; but that no books shall be donated to or placed in said library without the approval of the proper se- lecting committee, and that it shall not be lawful for the board of directors to ap- propriate any of the funds of the district to the purchase of books for said school library (n). (m) Act May 5, 1864, sec. 6, P. L. p. 828. (n) Aot Mny S. 186-1. see. 7. p. r, p. 828 318 SCHOOL LAWS AND DECISIONS Entitled to use of books. Legal possession, Gifts and be- quests. CCCXXV. That all the pupils of the proper school, and no other, shall be en- titled to the use of the books of said' li- brary at their homes, subject to such rules relating to the care, use and return thereof as the aforesaid committee, for the selection and purchase thereof, shall from time to time establish; and that one of the pupils of said school to be selected by the other pupils, with the consent of the selecting committee aforesaid, shall be the librarian of the school library (o). CCCXXVI. That the legal possession and ownership of the school library shall be in the proper board of directors; the felonious taking thereof shall be larceny, the issue list thereof shall be prima facia evidence of delivery, and the penalties for the abuse, loss or detention of books shall be recoverable as hereinbefore provided in the case of district libraries (p). CCCXXVII. That it shall be lawful for common school directors of any district to receive, hold, and use any devise, bequest, gift, grant, or endowment of property, whether real or personal, which may be made to them for the establishment, in- fo) Act May 5, 1864, sec. S, P. L. p. 828. (p) Act May 5, 1864, sec. 9, P. L. p. 828. OF PENNSYLVANIA. 319 crease or support, either of a district or of a school library in existence, or to be established under the provisions of this act, and the same to apply to the estab- lishment, increase, and efficiency thereof, subject, however, to any terms, condi- tions, or restrictions attached to such devise, bequest, gift, grant, or endow- ment, and not inconsistent with the pur- poses of this act; and the said directors, and their successors in office, shall have authority to bring suit, and to do all other things necessary for the recovery, use. and application of the same to the pur- poses aforesaid (q). CCCXXVIII. Be it enacted, &c, That for May establish and maintain a free the purpose of securing a system of free, public library, non-sectarian, public libraries on a sub- stantial and permanent basis throughout the Commonwealth, authority is hereby given to the board of school directors, or to any board or organization having con- trol of the common schools, in each and every common school district, except in cities of the first and second class, when- ever the same may be decided upon by a majority vote of all the members thereof, to provide a place for and establish and (q) Act May 5, 1864, sec. 10, P. L. p. 82S. 320 SCHOOL LAWS AND DECISIONS School houses may lie used. Or building may be purchased or erected. But cost of build- ing must be pro- vided for before purchase. Levy of tax for purchase and maintenance of library. maintain such public library for the gen- eral use of the residents in the district, subject to the ensuing provisions of this act (r). CCCXXIX. Said board may set aside the whole or a portion of any school house, now or hereafter erected, within the district for the uses and purposes of such library, having due regard to the convenience of the citizens, and may make any changes, repairs or additions that may be necessary to properly carry out the objects of this act, or, at its op- tion, may lease, purchase or erect a suit- able building in some convenient location for the use, storage and accommodation of such library, but no land or structure shall be purchased or building commenced until the cost thereof has been fully pro- vided for under the laws regulating the erection of new school houses within the district (s). CCCXXX. It shall be lawful for said board to levy a tax for the purchase, im- provement and maintenance of said li- brary not exceeding one mill in any one year on the valuation of the property as- (r) Act June 28, 1895, sec. 1, P. L. p. 411. (r) Act June 28, 1895. sec. 2. P. L. p. 411 OF PENNSYLVANIA. 321 Trustees of library. sessed for school purposes in the district, which tax shall be collectible as the school taxes of the district are at the time of collecting the same (t). CCCXXXI. The public library of each district shall be under the general man- agement of nine trustees acting as the agents and appointees of the school board, who shall approve all plans for its Powers and duties of trustees, storage and accommodation, purchase and take charge of all books, maps, docu- ments, relicts, and literary, historical or other contributions, appoint all employes and make all regulations and do all things necessary to its government, preserva- tion and maintenance, subject to the ap- proval of the board. The president and Ex-otticiomeai- _ ber of board. treasurer of the board and the superin- tendent of the schools of the district (or if there is no such officer, the secretary of the board) shall be ex-ofTicio members of the board of trustees. The other six Members of members shall be elected by the school efecied^nd term board, two each for one, two and three of - years, and annually thereafter two mem- bers shall be chosen by said board for the term of three years. Each trustee shall (t) Act June 28. 1895, sec. 3, P. L. p. 411 21 322 SCHOOL LAWS AND DECISIONS Vacancy. Report of trus- tees. Libraries 10 be under supervision of State Libra- rian. May receive gift, endowment, etc. How applied. serve until his successor is elected, and in case of a vacancy it shall be filled by the school board for the unexpired term. The trustees shall make a report to the school board once each year, and oftener if called upon, of such subjects and in such manner as may be required by said board (u). CCCXXXII. All public libraries estab- lished as above shall be under the general supervision and subject to the inspection of the State Librarian, who is hereby em- powered to require reports thereof to be made by the trustees at such time and in such manner as he may see proper (v). CCCXXXIII. It shall be lawful for the school board of any common school dis- trict, and their successors in office, to receive and hold, free from all collateral inheritance tax, any devise, bequest, grant, endowment, gift, donation or con- tribution of property, real, personal or mixed, which shall be made for the es- tablishment, improvement or mainte- nance of a public library as herein pro- vided for, and the same to apply to the purpose for which made or given, and (u) Act June 28, 1895, sec. 4, P. L. p. 411. (v) Act June 28, 1S95, sec. 5, P. L. p. 412. OF PENNSYLVANIA. 323 said board, or their successors in office, are hereby authorized to bring suit and do all necessary acts for the recovery, holding, use and application thereof: Provided, That this act shall not apply Proviso', to cities of the first class: Provided fur- Pr0 viso. ther, That in cities which have estab- lished a board of trustees for the man- agement of a free library established by said municipality, any land or buildings appropriated to free library purposes un- der the operation of this bill, shall be under the control of said board of trus- tees (w). CCCXXXIV. All laws or parts of laws aepeal. inconsistent herewith are repealed (x). MISCELLANEOUS PROVISIONS. Home for the Friendless Children. CCCXXXV. That the board of trus- tees and the board of managers, or a ma- jority of each thereof, of any school com- monly known as a home for friendless children, or institution for the purpose of educating and providing for friendless, (w) Act June 28, 1895, sec. 6, P.L. p. 412. (x) Act June 28, 1895, sec. 7, P. L. p. 412. 324 SCHOOL LAWS AND DECISIONS Trustees may petition court. What the petition to set forth. destitute, or vagrant children, now form- ed, organized or established, or that may hereafter be formed, organized or estab- lished in this Commonwealth, not of a denominational or sectarian character, shall have the right to petition the judge or judges of the court of common pleas of the county in which said school or insti- tution is located, asking for a decree au- thorizing and directing the payment of moneys, out of the funds of said county, for the education and support of the chil- dren of such school or institution; said petition shall set forth, under the oath or affirmation of the president of the board of trustees and the president of the board of managers, of such school or institution, the number of the children cared for dur- ing the current year, the number of chil- dren bound out or apprenticed, the age and sex of the same, the income and ex- penditures of such school or institution, and cost of educating and maintaining the children, per capita, and such other matter relative to the wants or condition of the school or institution, and the wel- fare and advancement of the children, as the said court may direct, for its informa- tion (y). (y) Act April 12, 1875, sec. 1, P. L. p. 46. OF PENNSYLVANIA. 325 CCCXXXVI. That the court of common court to order i, j -i u„n v,„ payment from pleas have the power, and it shall be COU nty funds, their duty, on the presentation of a peti- tion, as provided for in the preceding section, after full investigation of the same, to order and direct the commis- sioners of the county or city in which said school or institution is situate, to pay to the treasurer of such school or in- stitution, out of the county funds, such sum or sums of money, and in such in- stalments as, in the discretion of the said court, may be deemed just and necessary, and it shall be the duty of the said com- missioners t» draw their warrants upon the county or city treasurer for the pay- ment of such appropriation, in such man- ner and form as shall be provided for by the said court (z). CCCXXXVII. That the court of common pleas shall appoint one-third in number of the trustees and managers of any such school or institution accepting the bene- fits of this act; to require the treasurer of any such school or institution to furnish the county or city commissioners an item- ized account of the receipts and expen- ditures of such schools or institution, Duty of commis- sioners. The court to ap- point. (z) Act April 12, 1875, sec. 2. P. L. p. 47. 326 SCHOOL LAWS AND DECISIONS Admission of friendless chil dren. at the end of each fiscal year; to adver- tise the same In not less than two weekly newspapers, published in the county, supporting such school or institution, one insertion weekly, for four successive Duty of auditors, weeks; and to require the county auditors, controllers, or city controller of any city or county, as the case may be, and it shall be the duty of said officers to audit, settle and adjust the accounts of the said treasurer, and to make report thereof to the said court (a). CCCXXXVIII. That when any such school or institution has accepted the pro- visions of this act, and has sufficient building capacity, the management there- of shall admit to the benefits of any such school or institution any friendless, des- titute or vagrant child, recommended for admission by the board of school direc- tors of the school district in which such child may reside or be found, or by the directors of the poor of any county in which such school or institution is lo- cated, guardians of the poor, overseers of the poor or poor directors, as the case may be, of any city or district included in said county; in case any child is re- (a) Act April 12, 1875, sec. 2, P. L. p. 47. OF PENNSYLVANIA. 527 fused admission the said court of common pleas, on complaint made thereto by any person, after due and legal proof of such refusal, shall enjoin the payment of moneys out of the county funds as au- thorized by this act: Provided, however, Proviso. That no child shall be admitted under the age of four years nor above the age of sixteen (b). CCCXXXIX. That the judges of the t v u ' t s ^ r 9 s of lnstl " court of common pleas of the several counties of this Commonwealth are here- by constituted and appointed ex-officio visitors of any such school or institution, and the grand jury of the court of quarter sessions of the county in which any such school or institution is located shall, as often as directed by the said court, visit, examine and inspect the needs and man- agement of any such school or institu- tion, and the condition of the children therein as directed by the said court, and report the same to the said court (c). CCCXL. That the board of trus- tees and the board of managers of any such school or institution desiring to ac- cept the provisions of this act shall set Acceptance Of act. (b) Act April 12, 1875, sec. 4, P. L. p. 47. (c) Act April 12. 1S75, sec. 5, P. L. p. 48. 328 SCHOOL LAWS AND DECISIONS Teachers. forth the same in their first petition pre- sented to the said court of common pleas as authorized in the first section of this act. No teacher shall be employed in any such school or institution who has not received a valid certificate from the superintendent of the schools of the coun- ty in which such school or institution is situated (d). When evening schools to be opened. Average daily attendance. Evening Schools. CCCXLI. That it shall be the duty of the board of school directors or school controllers of any school district in this Commonwealth, upon the application of the parents of twenty or more pupils above the age of six years, residents of said school district, to open a free even- ing school for their tuition in ortho- graphy, reading, writing, arithmetic and such other branches as may be deemed advisable, and to keep open said school for a term not less than four months in each year, each of the said months to consist of twenty days, and each of said days and an evening session of at least two hours: Provided however, That when the average daily attendance for one (d) Act April 12, 1875, sec. 6, P. L. p. 48. OF PENNSYLVANIA. 329 month falls below fifteen daily, said school directors or school controllers may, at their option, close said evening school for the remainder of said term (e). CCCXLII. That upon such application to be opened at ODCG the board of school directors or school controllers shall proceed.without unneces- sary delay, to hire a competent teacher and open said evening school in a con- venient location: Provided however, That two or more contiguous school districts contiguous dis- may at any time unite in the establish- tncts ment and support of one or more evening schools, and contribute pro rata to the expense of their maintenance (f). CCCXLIII. That the qualifications of Qualifications of teachers for said evening school shall be teacbeis - the same as those for the teachers of the public schools of the Commonwealth as already made and provided, or as may hereafter be made and provided by law (g). CCCXLIV. That the expenses for the Expenses, support and maintenance of said evening schools shall be defrayed out of the taxes raised for the support of the common (e) Act May 22, 1883, sec. 1, P. L. p. 37. (f) Act May 22, 1883, sec. 2, P. L. p. 37. (g) Act May 22. 1883, sec. 3, P. L. p. ?,1 21* 330 SCHOOL LAWS AND DECISIONS Evening high schools may be established. Not to be admit- ted. Additional teacher. schools: Provided, That said school board may, in making their estimates for the school year, allow and set aside a cer- tain sum for the support and mainte- nance of said evening schools, and levy and collect their tax rate accordingly (h). CCCXLV. That the board of school di- rectors or school controllers of any school district may,where necessary, establish an evening high school, and that the boards of school directors or school controllers of two or more contiguous school districts may unite for the establishment and sup- port of an evening high school, the cur- riculum of which shall be drawn up and arranged by the several school boards in joint session met and assembled, accord- ing to the best judgments and the neces- sities of their respective districts (i). CCCXLVI. That no pupil shall be ad- mitted to said evening school who is un- employed during the day, or in actual at- tendance upon any school during the day, public or private (k). CCCXLVII. That when the average daily attendance upon said schools, for one (h) Act May 22, 1883, sec. 4, P. L. p. 37. (i) Act May 22, 1883, sec. 5, P. I., p. 38. (k) Act May 22, 1883. soc. 6, P. L. p. 38. OF PENNSYLVANIA. 331 month exceeds fifty pupils, an additional teacher may be engaged and retained until the average daily attendance falls to or below forty (1). CCCXLVIII. That Should any board Of Procedure on re- .... ,, , fusal to establish school directors or controllers neglect or evening school, refuse to carry out the provisions of this act, the petitioners aforesaid may present their petition to the court of common pleas of the proper county, setting forth that application has been made to the proper board of school directors or con- trollers aforesaid, and that said board had neglected or refused to carry out the provisions of this act; whereupon such court shall, after due proof of notice of Duties of the the presentation of such petition have court ' been served upon the president and sec- retary of such board, proceed to hear and determine as to the necessities and pro- priety of the establishment of such school or schools, and in its discretion order the board of school directors or controllers to open and maintain such school or schools, with power to en- force such order by attachment or man- damus, at the discretion of the court (m). CCCXLIX. That the provisions of this (1) Act May 22, 1883, sec. 7, P. L. p. 38. (m) Act May 22, 1883. sec. 8, P. L. p. 38. 332 SCHOOL LAWS AND DECISIONS When to take effect. Cited for repeal. Additional teachers. act shall not go into force until the be- ginning of the regular school year, Anno Domini one thousand eight hundred and eighty-three: Provided, That the provi- sions of this act shall not apply to any part or section of the State where special provision exists for night school (n). CCCL. That section seven of an act entitled "An act to provide at the pub- lic expense, free evening schools for the education of the children of this Common- wealth, who, from any cause, are unable to attend the public schools, approved May twenty-second, Anno Domini one thousand eight hundred and eighty-three, which reads as follows: "That when the average daily attend- ance upon said schools, for one month, exceeds fifty pupils, an additional teacher may be engaged and retained until the average daily attendance falls to or below forty," be and the same is hereby amend- ed to read as follows: That as the average daily attendance increases, additional teachers may be engaged and retained at the discretion of the school directors or controllers afore- said (o). (n) Act May 22, 1883, sec. 9, P. L. p. 38. (ol Act May 7, 1889, sec. 1, P. L. p. 110. OF PENNSYLVANIA. 333 AN ACT Defining the powers of boards of direc- tors of sub-district schools, of cities of the second class, to provide for the purchasing of lots of ground, erection of school buildings, and other expenses of maintaining schools in their respec- tive districts, and to borrow money for such purposes. Section 1. Be it enacted, &c, That the May purchase several boards of directors of the sub-dis- lots - tricts of cities of the second class shall have the power to purchase lots of ground, to erect, enlarge and repair school buildings thereon, to purchase furniture, apparatus, books, stationery and fuel, and to pay janitors in their respective dis- tricts, and to borrow moneys, and pro- vide for the payment thereof, with its in- terest, and to levy taxes for such pur- poses, as fully as such power existed and belonged to said boards, prior to the paa^ sage of the act entitled "An act in re- lation to cities of the second class, pro- viding for the levy, collection and dis- bursement of taxes," approved the twen- ty-second day of March, Anno Domini one thousand eight hundred and seventy- seven.— P. L. 18S1, page 29. Levy taxes. 334 SCHOOL LAWS AND DECISIONS Mechanic arts. Section 1, act of J une 25. 1885, quoted for amend- ment. AN ACT To amend an act, entitled "An act author- izing central boards of education, in cities of the second class, to establish and maintain schools for instruction in the mechanic arts and kindred sub- jects," approved the twenty-fifth day of June, Anno Domini one thousand eight hundred and eighty-five, so as to ex- tend the provisions thereof to cities of the third class. Section 1. Be it enacted, &c, That sec- tion one of the act, entitled "An act au- thorizing central boards of education, in cities of the second class, to establish and maintain schools of instruction in the me- chanic arts and kindred subjects," ap- proved the twenty-fifth day of June, Anno Domini one thousand eight hundred and eighty-five, which reads as follows: "That in every city of the second class, the central board of education shall have power to establish and maintain one or more schools for the instruction of pupils in the useful branches of the mechanic arts and kindred subjects, to provide the necessary buildings, machinery, appara- tus and materials, and to employ teachers and jnstnietors therefor," be and the same OF PENNSYLVANIA. 335 is hereby amended so as to read as fol- lows: That in every city of the second class, the central board of education, and in every city of the third class, the board of school controllers, shall have power to establish and maintain one or more schools for the instruction of pupils in the useful branches of the mechanic arts and kindred subjects, to provide the nec- essary buildings, machinery, apparatus and materials, and to employ teachers and instructors therefor. Approved— The 21st day of May, A. D. 1895.— P. L. p. 86. In citiesof second and third classes, mechanical art schools may be established. Teachers tnere- for. AN ACT To authorize sub-district school boards, boards of control or boards of education of cities of the second class in this Commonwealth to co-operate with and appropriate moneys to kindergarten schools. Section 1. Be it enacted, &c, boards of education or boards of control or sub-district school boards of the cities of the second class in this Commonwealth are hereby authorized to co-operate with regularly organized kindergarten asso- That Co-operation of school boards with kindergarten associations. 336 SCHOOL LAWS AND DECISIONS ciations, and may appropriate from thp school funds such sums of money as may be required to properly conduct kinder- garten schools. Approved the 24th day of June, A. D. 1S95.— P. L. page 265. OF PENNSYLVANIA. 337 APPENDIX. 1. RULES OF ORDER. The following rules of order are inserted to aid boards of directors in the transaction of business. They con- sist, mainly, of some of the plainest provisions of par- liamentary law. Each board should make them binding by a vote to that effect: 1. Four members being nresent, precisely at the hour to which the board stands adjourned, the president shall take the chair, call the members to order and proceed to business. 2. Should a quorum be assembled at the hour ap- pointed, and the president be absent, a president pro tem. shall be appointed to serve during that meeting, or until the president shall appear. 3. Should a quorum not assemble at the hour appoint- ed, the director or directors present shall be competent to adjourn from time to time, that an opportunity may be given for a quorum to assemble, without which no business can be legally transacted. 22 338 SCHOOL LAWS AND DECISIONS 4. In tne transaction of business, the following order shall be observed: 1st, recording the names of directors present; 2d, reading minutes; 3d, unfinished business; 4th, reports of standing committees; 5th, reports of special committees; Gth, new business, and 7th, ad- journment. 5. It shall be the duty of the president, at all times, to preserve order, and to endeavor to conduct all busi- ness before the board to a speedy and proper result. 6. The president, as such, has no casting vote, his right is to vote on every question by virtue of his mem- bership. 7. The president may speak to points of order in pre- ference to other members, and shall decide questions of order, subject to an appeal to the board by any two members. 8. A motion made must be seconded, and then re- peated distinctly by the president or read aloud before it is debated, and every motion shall be induced to writ- ing if the president or any member requires it. 9. Any member who shall have made a motion shall have liberty to withdraw it, with the consent of his second, before any debate has taken place thereon, but not after debate is had without leave being granted by the board. 10. The consideration of any question may be post- poned to a time fixed, or the question may be suppressed altogether by an indefinite postponement. 11. A motion once voted down cannot be renewed at the same meeting of the board without the consent of four members. OF PENNSYLVANIA. 339 12. An amendment may be moved on any motion, anu shall be decided before the original motion; but no more than one amendment to an amendment shall be enter- tained. 13. If a motion under debate is composed of two or more parts, which are so far independent of each other as to be susceptible of division into several questions, any two members may have it divided and a vote taken on each part. 14. When any business is brought regularly before the board, the consideration of the same cannot be inter- rupted except by a motion — for adjournment; to lie on the table; for the previous question; for postpone- ment; for commitment, or for amendment. 15. A motion for adjournment shall always be in order and shall be decided without debaite, except that it can- not be entertained when the board is voting on another question or while a member is addressing the board. 16. The previous question cannot be moved by less than three members rising for that purpose, and when thus called, all debate shall be precluded; yet the call for the previous question shall not cut off any pending amendment, but the vote shall be taken without debate on the amendments in their order and finally on the main question. 17. A motion for postponement precludes commitment, and a motion for commitment precludes amendment or decision on the original subject. 18. A motion for reconsideration can only be enter- tained when made and seconded by members who were in the majority on the vote on the original question. 340 SCHOOL LAWS AND DECISIONS 19. When a blank is to be filled the question shall be first taken on the largest sum, the greatest number and the remotest day. 20. On questions of order, adjournment, postponement, commitment or the previous question, no member shall speak more than once; on all other questions each mem- ber may speak twice, but not oftener without express leave being granted by the board. 21. If the previous question be decided in the negative the effect shall be to arrest the discussion and produce an indefinite postponement. 22. No member shall be interrupted while speaking, unless he be out of order, or for the purpose of correct- ing mistakes or misrepresentations. 23. No member in the course of debate shall be al- lowed to indulge in personal reflections. 24. If any member act in any respect in a disorderly manner, it shall be the privilege of any member, and the duty of the president, to call him to order. 25. If any member consider himself aggrieved by a de- cision of the chair, it shall be his privilege to appeal to the board, and the vote on such appeal shall be taken without debate. 26. Members should not decline voting on aDy ques- tion without weighty reasons. 27. It shall be the duty of the president to appoint all committees, except when the board may decide other- wise. 28. The person first named on any committee shall be considered the chairman thereof, whose duty it shall be OF PENNSYLVANIA. 341 to convene the committee, and in case of his absence or inability to act, the second named member shall take his place and perform his duties. 29. When the president has commenced taking a vote no further debate or remark shall be admitted, unless there has evidently been some mistake, in which case the mistake shall be rectified, and the president shall re- commence taking the vote. 30. Any two members may require the recording of the yeas and nays on any question. 31. The first person recognized by the president as de- siring to speak has the right to the floor. II. COMMON SCHOOL FORMS. 1. Form of Bond of Collector of School Tax. Know all men by these presents, That we are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of dollars, lawful money of the United States of America, to be paid to its certain attorney, to which payment well and truly to be made and done, we do bind ourselves, our heirs, executors and administra- tors, firmly, jointly and severally, by these presents. Sealed with our seals and dated the day of 18 Whereas, The above bounden has been duly elected and returned to the court of quarter sessions of the peace of the county of as col- lector of taxes of the of in the said 342 SCHOOL LAWS AND DECISIONS county for the ensuing year and has been duly qualified according to law: Now, the condition of this obligation is such, that, if the said shall and do, well and truly collect and pay over or account for, according to law, the whole amount of taxes charged and assessed in the dupli- cates which shall be delivered to him, and faithfully dis- charge the duties appertaining to the office of colleetor of taxes according to law, then this obligation to be void, otherwise to be and remain in full force and virtue. Sealed and delivered in the presence of (L. S.) (L. S.) County of , ss: I having been duly elected col- lector of the taxes of the of do that I will support the Constitution of the United States and Constitution of the Commonwealth of Penn- sylvania, and that I will well and truly collect and pay over or account for, according to law, the whole amount of taxes charged and assessed in the duplicates, which shall be delivered to me, and faithfully discharge the duties of said office according to law and the best of my judgment and ability. Sworn and subscribed before me this day of 18..., ' Clerk. OF PENNSYLVANIA. 343 2. Form of Warrant to Collector of School Tax. County, District, ss: To C D , Collector of School district in said county. These are to require you to collect and receive from persons assessed, the several sums in your duplicate re- spectively mentioned, and you shall complete and pay unto Esq., treasurer of said school dis- trict, on or before the day of next, all such sum or sums of money as you may then have collected, at which time the board of school directors will attend at their place of meeting in said district, and make an abatement of deficiencies, mistakes, or for indigent persons, &c. And if any person or persons shall neglect or refuse to make payment within thirty days after lawful demand made by you, it shall and may be lawful to and for you, and you are hereby commanded and required to levy the said tax by distress and sale of the goods and chattels of such delinquent, giving ten days' notice of such sale, by written or printed adver- tisements, rendering the overplus (if any be) to the owners. And in case goods and chattels cannot be found sufficient to satisfy the same, With costs of suit, then you shall take the body of every such person and bring him to the county jail, and deliver him to the sheriff or keeper of said jail, who shall detain and keep him in safe custody without bail or mainprize, until payment shall be made. And you shall complete and pay unto the said : 7 .4l SCHOOL LAWS AND DECISIONS the whole amount of your duplicate, except such defi- ciencies, &c, as shall have been allowed as aforesaid, on the day of next. Given under my hand and seal, the day of Anno Domini 18. . . A B L. S.) Pres't Board School Directors district. Countersigned: G H Secretary of the Board. 3. Form of Certificate to County Commissioners for Non- payment of School Tax on Unseated Lands. To the commissioners of the county of Gentlemen:— I do hereby certify that the following school tax on unseated lands within the district of was regularly assessed and set forth in the duplicate of school tax for the year 18 delivered to me for collection by the president of the board of di- rectors thereof, and that the same has not been paid to me by the owner thereof. You are therefore required to cause the same to be collected and paid over, agree- ably to the thirty-fourth section of the act entitled "An act for the regulation and continuance of a system of education by common schools," passed May 8, 1854, and rhe eighth section of the supplement thereto, passed April 11, 1862, viz: Upon the land of A. B $00 00 Do: C. D., 00 00 $00 00 OF PENNSYLVANIA. 345 E F Collector of school district, county. , August ..., A. D. 18 This certificate must be delivered to the county com- missioners previous to the first of January. i 4. Form of Certificate of Unpaid Balance by Collector, to be Filed in the Prothonotary's Office. To the Prothontary of the Court of Common Pleas of the county of I hereby certify, That school tax for the current school year, in the district of , in said county, to the amount of (insert the amount in words) is due and unpaid by school tax collector of said dis- trict, at the date hereof, which you are required to enter against said and and , who are his sureties, in accordance with the provisions of the thirteenth section of the act, entitled "A further supple- ment to the act, entitled 'An act for the regulation and continuance of a system of education by common schools,' " &c, approved April 11, 1862. Dated this day of , A. D. one thou- sand eight hundred and President Board School Directors said district. Attest: — C D , Secretary. 346 SCHOOL LAWS AND DECISIONS 5. Form of Bond of District Treasurer. Know all men by these presents, that we, C D E F and G H , of in county, Pennsylvania, are held and firmly bound to A B president of the board of school directors of school district, in county, for the use of said school district, in the sum of (here insert double the amount of the sum that will probably come into the hands of the treasurer for one year, for school purposes) dollars, lawful money, to be paid to the said school district; to which pay- ment well and truly to be made and done, we bind our- selves, jointly and severally, our heirs, executors and ad- ministrators, and every of them, firmly by these pres- ents. Sealed with our seals. Dated the day of in the year of our Lord one thousand eight hundred and Whereas, The said C D has been duly chosen treasurer of the said school district, for and during the term of one year from the date hereof. The condition of this obligation is such, that if the said C D shall and do well and faithfully perform all the acts and duties lawfully pertaining to his office as district treasurer aforesaid, according to the terms of the school law, approved the 8th day of May, A. D. 1854, and the supplements thereto, then this obligation to be void; else to be and remain in full force and virtue. And further, we do hereby empower any at- torney of any of the courts of record of this State or elsewhere, to appear for us, and after one or more OF PENNSYLVANIA. 347 declarations filed for the above penalty, thereupon to confess judgment or judgments against us, as of the last, next, or any subsequent term, with stay of execution, and with release of errors, &c. C D L. S.) E F (L. S.) G H (L. S.) Sealed and delivered in presence of L M N 6. Form of Order on District Treasurer. , August ..., A. D. 18... To the Treasurer of school district, county: Sir : — Pay to E F or order dol- lars and cents, being one month's salary due him as teacher up to (or on account of salary, or for fuel furnished to school house, or for rent for school house, &c, as the case may be;) for which this will be your sufficient voucher on settlement of your accounts. By order of the board of directors. A B Countersigned: President. C D , Secretary. 348 SCHOOL LAWS AND DECISIONS 7. Form of Agreement Between Directors and Teachers. It is agreed by and between teacher, and the board of directors of school district in county, that said teacher shall, under the supervision and exclusive direction of said board and their successors, but subject, nevertheless, to the visitation and lawful authority of the county super- intendent, teach in school house for the term of months, at a compensation of per month, to be paid ; reserving the right to the board of directors for the time being, to dismiss the said teacher at any time whatever, for any of the causes specified in the twenty-third section of the act of May 8, 1854, entitled "An act for the regulation and continuance of a system of education by common schools." In witness whereof the parties have hereunto set their hands and seals day , A. D. 18.... A B , (L. S.) President Board of Directors. C D , (L. S.) Countersigned: Teacher. E P Secretary of Board. OF PENNSYLVANIA. 349 8. Form of Annual Statement of District Accounts. Common School District. Receipts and expenditures for 18... Tax rate, mills on the dollar for valuation, for school purposes and mills for building purposes. RECEIPTS. Balance on hand from last year, if any, as per last report, . From collector, Including taxes of all kinds From loans, since last report From county treasurer, for unseated lands, since last report. From State appropriation for year ending June, 18— , . . . From all other sources, as sales of houses or lands, liquor fines, etc Total receipts, EXPENDITURES. For purchasing grounds For building and furnishing houses For renting and repairing, etc , For teachers wages For school books and supplies For fuel and contingencies For fee of collector, $ , and treasurer. $ , . For salary of secretary or district superintendent. For debt and interest paid, For other expenses Total expenditures. Cash on hand, Or amount due treasurer, 350 SCHOOL LAWS ANT) DECISIONS RESOURCES. Cash on hand, if any Amount due district f roiu all sources, Total resources, LIABILITIES. Amount due treasurer, if any, Amount due on unsettled bills, If any Amount borrowed and unpaid, or debt of district, Total liabilities If there was a building tax and a house or houses erected during the year, the amount of the building tax, and the portion of it expended in the year for this pur- pose, is to be stated in the same way, with the balance on hand, or the ds'bt for this purpose, if any, under the proper heads "Receipts," and "Expenditures for Build- ing," as in the case of ordinary school tax and ex- penditure. 9. Form of Notice for Convention of School Directors to Elect County Superintendent. To the School Directors of county: Gentlemen: — In pursuance of the forty-third section of the act of May 8, 1854, you are hereby notified to meet in convention, at the court house, in on the first Tuesday in May, A. D. 18. . ., being the day of the month, and select, viva voce, by a majority of the whole number of directors present, one person of literary nnrl scientific acquirements, and of skill and i x- OF PENNSYLVANIA. 351 perience in the art of teaching, as county superintendent, for the three succeeding years; and certify the result to the State Superintendent, at Harrisburg, as required by the thirty-ninth and fortieth sections of said act. A B, , County Superintendent of county. 18.... April ,18.... To the publishers of the : Sir: You will please publish the above notice in the , once a week for three successive weeks imme- diately preceding the first Tuesday of May next; and when completed present your bill, receipted, with a copy of the notice, to the undersigned for payment. You are also requested to mail to the State Superintendent, at Harrisburg, a copy of your paper, containing the first in- sertion of the notice. A B County Superintendent of county. This notice is to be inserted three successive weeks, in not more than two newspapers of the proper county if so many there be; but if none are published in the county, then by printed notices sent by mail, to the sec- retary of the board of directors of each school district in the county. 352 SCHOOL LAWS AND DECISIONS 10. Form of Certificate of the Election of County Super- intendent. To Superintendent of Public Instruction: Sir: The undersigned, president and secretary of the convention of school directors of ' convened, according to law, on , the ...... day of 18..., do hereby certify that whose address is , was elected viva voce, by a majority of the whole number of directors present, as superintendent until the first Monday of June, one thousand eight hun- dred and , and that the evidence of competency to fulfil the duties of the office presented to the con- vention by the said was such as is required by law, consisting of They further certify that the whole number of direc- tors present was of whom voteid for the said , and that whose address is received votes, and whose address is re- ceived votes. Dated at , this day of , A. D. 18 President. Secretory. OF PENNSYLVANIA. 353 11. Form of Oath of Office of County Superintendent. "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States, and the Constitution of this Commonwealth, and that I will discharge the duties of my office with fidelity; That I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing, to procure my nomination or elec- tion, except for necessary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this Commonwealth, or procured it to be done by others in my behalf; that I will not know- ingly receive, directly or indirectly, any money or other valuable thing for the performance or non-performance of an act or duty pertaining to my office, other than the compensation allowed by law." (Signed.) A B Sworn (or affirmed) and subscribed before me, judge of the court of common pleas of said county, (or Superintendent of Public Instruction, as the case may be,) the day of 18 12. Form of Application for Permanent Certificate. No. 1. ,, 18. To Superintendent of Public Instruction. Sir: — At a meeting of the board of school directors 23 354 SCHOOL LAWS AND DECISIONS of school district, county, State of Pennsylvania, the following resolutions were adopted: Resolved, That , whose address is P. O., county, Pa., having taught a common school in this district for annual school term... we take pleasure in saying, that we consider well qualified as a teacher, morally, intellectually, and pro- fessionally. Resolved, That we recommend the State Superinten- dent of Public Instruction to grant the above named a permanent certificate. By order of the board of directors. , President. Attest: Secretary. No. 2. , 18.. At a meeting of the board of school directors of school district, county, State of Pennsylvania, it was Resolved, That having taught a common school in this district for annual school term. . we cordially unite in the recommendation expressed in the preceding resolutions. By order of the board. , President. Attest: , , Secretary. OF PENNSYLVANIA. 355 No. 3. , 18.- At a meeting of the board of school directors of school district, county, State of Pennsylvania, it was Resolved, That having taught a common school in this district for annual school term. ., we cordially unite in the recommendation expressed in the preceding resolutions. By order of the board of directors. , President. Attest: , Secretary. These forms, when filled up and properly signed, must be approved by the county superintendent and the committee on teachers' certificates, as follows: 18.- Knowing to have taught a common school the three annual school terms immediately preceding the date of this application, and knowing also to hold a valid professional certificate, and to possess skill and experience as a teacher, and believing to be entirely worthy, I concur in the foregoing recom- mendation. Sup't of Schools of county. At a meeting of the Committee on Permanent Certifi- cates, held 18 ... , the within named applicant passed a satisfactory examination. We concur in the 356 SCHOOL LAWS AND DECISIONS foregoing recommendations, and approve the applica- tion. , Chairman, P. O. county, Pa. Committee. Directions in Applying for Permanent Certificates. 1. Any teacher holding a professional certificate, and desiring to apply to the State Superintendent for a per- manent certificate, should procure from the county su- perintendent, and fill up the necessary blanks, and pre- sent them to the proper authorities for their action and signatures. They should be presented first to the board or boards of directors, next to the county superinten- dent, and afterwards to the committee on teachers' cer- tificates. 2. If the applicant has taught for one board the three annual school terms required by law, blank No. 1 should be filled up with the word three, and "term" be made to read "terms;" if he has taught for one board two terms, and for another one term, blanks Nos. 1 and 2 should be filled up accordingly; and the three forms above given are designed to be filled up only when the applicant has taught for three different boards. 3. County superintendents and committees on teach- ers' certificates, should exercise great care in approving OF PENNSYLVANIA. 357 recommendations for permanent certificates. Merit alone should be the test of qualifications, and applicants should have taught at least one year with a profes- sional certificate. 4. The law does not permit the granting of permanent certificates to teachers of private schools. 5. A valid professional certificate must be sent to the State Superintendent with the application. 13. Application for State Normal Diploma. No. 1. , 18-. At a meeting of the board of school directors of school district, county, State of Pennsylvania, the following resolutions were adopted: Resolved, That whose address is P. O county, Pennsylvania, having taught a common school in this district for annual school term.., since was graduated by the State Normal School located at , county of , we take pleasure in saying, that we consider well quali- fied as a teacher, morally, intellectually and profes- sionally. Resolved, That we recommend the board of exam- iners and the faculty of the above-named Normal school, to grant said a State Normal diploma. By order of the board of directors. , President. Attest: , Secretary. 358 SCHOOL LAWS AND DECISIONS No. 2.* *If the applicant has taught two terms for one board it is not necessary to use this form. 18.. At a meeting of the board of school directors of school district, county, State of Pennsylvania, it was Resolved, That having taught a common school in this district for annual school term . ., since graduation at the Normal school above named, we cordially unite in the recommendation expressed in the preceding resolutions. By order of the board. , President. Attest: Secretary. • , 18.. Knowing to be a successful teacher, and a person of good moral character, I heartily concur in the foregoing recommendation. Superintendent of Schools of county. 14. Form for Practical Teacher's State Certificate. No. 1. , 18.. At a meeting of the board of school directors of school district, county, State of Pennsylvania, the following resolutions were adopted: OF PENNSYLVANIA. 359 Resolved, That whose address is P. O county, Pennsylvania, having taught a common school in this district for annual school term.., we take pleasure in saying that we con- sider well qualified as a teacher, morally, intel- lectually, and professionally. Resolved, That we recommend the State Board of Examiners and the faculty of the State Normal school, located at , Pa., to grant above-named per- son a teacher's State certificate. By order of the board. President. Attest: , Secretary. No. 2. , 18.. At a meeting of the board of school directors of school district, county, State of Pennsylvania, it was Resolved, That having taught a common school in this district for annual school term. ., we cordially unite in the recommendation expressed in the preceding resolutions. By order of the board. , President. Attest: Secretary. 360 SCHOOL LAWS AND DECISIONS No. 3. , 18.. At a meeting of the board of school directors of school district, county, State of Pennsylvania, it was Resolved, That having taught a common school in this district for annual school term. .. we cordially unite in the recommendation expressed in the preceding resolutions. By order of the board. , President. Attest: , Secretary. , 18.. Knowing to be a successful teacher, and a person of good moral character, I concur in the fore- going recommendation. Superintendent of schools of county. Note. — If the applicant has taught" for one board the three annual school terms required by law, blank No. 1 should be filled up with the word three, and "term" be made to read "terms;" if he has taught for one board two terms, and for another one term, blanks Nos. 1 and 2 should be filled up accordingly; and the three forms above given are designed to be filled up only when the applicant has taught for three different board?. INDEX. ACADEMIES. To report, p. 298, see. cccii. Real estate transferable to school districts, p. 1199, sec. ccciii; p. 300, sec. ccciv; p. 301, sec. cccv. Exempt from taxation, p. 177, sec. clxxv. ACCOUNTS. Treasurers', how settled with directoi'S, p. 61, sec. lxv; p. 198, d. 147, 148, 149; p. 60, d. 48, 49. Treasurers', how settled with auditors, p. 194, sec. cciv, ccv; p. 195, sec. ccvi; p. 196, sec. ccvii, ccviii; p. 197, ccix; p. 60, d. 50, 51; p. 198, d. 147, 148, 149. Publication of, p. 150, sec. cxlviii; p. 151, sec. cxlix; p. 152, d. 124. APPARATUS. Directors and superintendents cannot become agents, p. 146, sec. cxliv; p. 147, sec. cxlv, d. 116, 117. APPROPRIATION. Basis of distribution, p. 162, d. 126; p. 214, sec. ::cxxiv; p. 215, sec. ccxxv, ccxxvi, d. 151. How taxables to be obtained when not furnished by commissioners, p. 215, sec. ccxxv. £62 INDEX. APPROPRIATION— Continued. When errors have been made, p. 215, sec. ccxxvi. When and how paid, p. 155, sec. cliii; p. 162, d. 126. To be used for school purposes only, p. 164, sec. clxi. How forfeited, p. 154, d. 125; p. 162, d. 126; p. 155, sec. cliii; p. 230, sec. ccxliii; p. 233, sec. ccxlvi. ASSESSORS. Annual assessment, p. 207, sec. ccxvi. To make special assessment, p. 171, sec. clxvi; p. 172, d. 143. When township lines divide a tract of land, issess- ments to be made in township where mansion house is situated, p. 178, sec. clxxvi; p. 179, d. 146. Owners of land may choose residence, p. 179, sec. clxxvii. Duties of assessors in independent districts, p. 173, sec. clxviii. To make lists of children, p. 75, sec. lxxxi. Penalty for neglect of duty, p. 173, sec. clxix. ATTENDANCE COMPULSORY. Duties of parents, p. 72, sec. lxxviii. Census of children, p. 75, sec. lxxxi. Time children shall attend school, p. 72, sec. lxxviii. Unless excused, p. 72, sec. lxxviii. Reasons for excuse, p. 72, sec. lxxviii. Penalty for violation, p. 73, sec. lxxix. Attendance officers, p. 74, sec. Ixxx; p. 77, sec. lxxxiii. AUDITORS. When to meet, p. 194, sec. ccv. To publish statement, p. 195, sec. ccvi. INDEX. 363 AUDITORS— Continued. To file reports, p. 195, sec. ccvi. What vouchers to be allowed, p. 198, d. 148; p. 199, d. 149. In independent districts, p. 197, sec. ccxi; p. 198, sec. ccxii. Pay of, p. 197, sec. ccx; p. 198, sec. ccxiii. Incompatible with office of director, p. 44, sec. xlix. To settle accounts of collectors, p. 186, sec. clxxxix. BOARDS. See "Directors." BONDS. See "Indebtedness of Districts." BOOKS AND SCHOOL SUPPLIES. Annual selection of, p. 140, sec. cxxxix. Meeting of directors and teachers, p. 140, sec. cxxxix; p. 145, d. 112; p. 236, d. 164. Only the series adopted to be used, p. 140, sec. cxxxix. Work on new branch may be introduced after annual meeting, p. 145, d. 113. Can be changed only once in three years, p. 144, sec. cxlii. Penalty for violation, p. 145, sec. cxliii. Adoption of, requires affirmative vote of a majority of the board, p. 67, sec. lxx. To be purchased by the board and furnished free, p. 141, sec. cxl; p. 142, d. 108. School supplies to be furnished, p. 142, d. 108. Cost to be reported in separate item, p. 141, sec. cxli. Scriptures a text book, p. 146, d. 114. Sectarian books excluded, p. 146, d. 115. 364 INDEX. BOOKS AND SCHOOL SUPPLIES— Continued. Directors cannot furnish books or supplies of any- kind, p. 147, sec. cxlv; d. 116, 117. Directors and superintendents cannot act as agents, p. 146, sec. cxliv; p. 147, d. 117. BOROUGHS. How separated from townships, p. 1, sec. ii. When limits are changed, p. 13, sec. xv. Borough school district shall share in rights and lia- bilities of townships from which formed, p. 20, sec. XXV. When seats of directors become vacant, p. 14, sec. *vi. What boroughs entitled to elect superintendents, p. 262, sec. eclxviii. BOROUGH SUPERINTENDENTS. Salaries of superintendents to be paid in same man- ner as provided for payment of teachers, p. 262, sec. eclxviii. Shall take oath of office, p. 265, sec. eclxxi. Term of office, p. 262, sec. eclxviii. Duties, p. 265, sec. eclxxi. Objections to issuing commission, p. 264, sec. eclxix. BRANCHES. P. 89, sec. lxxxvii; p. 140, d. 107; p. 143, d. 109; o. 230, sec. ccxliii; p. 231, sec. ccxliv; p. 232, sec. ccxlv; p. 233, sec. ccxlvi. Physiology and hygiene must be taught, p. 232, sec. ccxlv, ccxlvi; p. 234, sec. ccxlvii; p. 234, d. 159, 160, 161, 162. Branches must be on certificate, p. 240, sec. c< li. INDEX. 365 BUILDING TAX. See "Tax." CENSUS OF CHILDREN. P. 75, sec. lxxxi. CERTIFICATES, PROVISIONAL. P. 231, sec. ccxliv; p. 240, sec. ccli. Good for one year, p. 240, sec. ccli; p. 251, sec. cclxii. May be annulled for cause, p. 240, sec. ccli; p. 241, d. 172. All branches to be taught must be on certificate, p. 240, sec. ccli. Cannot be endorsed or renewed, p. 240, sec. s'cli; p. 251, sec. cclxii. Cannot be endorsed by any other superintendent, p. 254, d. 181. Valid only where issued, p. 254, d. 181. Public notice of annulment to be given, p. 242, d. 174. Directors to be notified to be present at examination, p. 240, d. 170. None to be granted to persons who use intoxicating drinks as a beverage, p. 231, sec. ccxliv. None to be granted to persons of immoral character, p. 241, d. 171. CERTIFICATES, PROFESSIONAL. P. 251, sec. cclxii. Applicants must have thorough knowledge of the branches named, p. 251, sec. cclxii. How long valid, p. 251, sec. cclxii. May be renewed, p. 251, sec. cclxii; p. 254, d. 181. 366 INDEX. CERTIFICATES, PROFESSIONAL— Continued. May be annulled, p. 241, d. 172. Public notice of annulment to be given, p. 242, d. 174. None to be granted to persons who use intoxicating drinks as a beverage, p. 231, sec. ccxliv. None to be granted to persons of immoral character, p. 241, d. 171. CERTIFICATES, PERMANENT. P. 251, sec. cclxii. To be granted by State superintendent, p. 251, sec. cclxii; p. 254, sec. cclxiii. Recommendations required, p. 251, sec. cclxii; p. 254, sec. cclxiii; p. 259, d. 182, 183. Where, when, and how long valid, p. 251, sec. cclxii. Written examinations requisite, p. 254, sec. cclxiii. Teachers' committee to be appointed by State super- intendent, p. 258, sec. cclxiv. CERTIFICATES, NORMAL ELEMENTARY. P. 293, sec. ccxcviii. Must be graduate of State normal school, p. 293, sec. ccxcviii. Term of validity, p. 295, sec. ccxcix. When master's diploma follows, p. 295, sec. ccxcix. Recommendations necessary, p. 295, sec. ccxcix. CERTIFICATES, MASTER'S NORMAL DIPLOMA. To whom granted, p. 295, sec. ccxcix. Recommendations required, p. 295, sec. ccxcix. Valid throughout the State, p. 295, sec. ccxcix. CERTIFICATES, PRACTICAL TEACHERS' STATE. Granted by State board of examiners at normal schools, p. 295, sec. ccxcix. INDEX. 3G7 CERTIFICATES, PRACTICAL TEACHERS' STATE— Continued. Actual teachers, eligible, p. 293, sec. ccxcviii; p. ?95, sec. ccxcix. Normal school attendance not necessary, p. 293, sec. ccxcviii; p. 295, sec. ccxcix. Recommendations required, p. 295, sec. ccxcix; p. 296, d. 192, 193; p. 297, d. 194. CERTIFICATES, STATE TEACHERS' PERMANENT (COLLEGE). To be issued by the State Superintendent, p. 260, sec. cclxvi. Applicants must be graduates of colleges legally em- powered to confer degrees, p. 260, sec. cclxvi. Must have taught three full annual terms :'n the public schools of the State, p. 260, sec. cclxvi. Recommendations required, p. 260, sec. cclxvi. May be annulled by State Superintendent, p. 261, sec. cclxvii. CERTIFICATE OF COMPETENCY. P. 223, sec. ccxxxviii. CHILDREN OF SOLDIERS. P. 81, sec. lxxxv; p. 82, d. 73. CITY, BOROUGH AND TOWNSHIP SUPERIN- TENDENTS. Pp. 262, 263, 264, 265, 266. CITIES. Classification of, p. 209, sec. ccxviii; p. 210, sec. 2. 368 INDEX. CITIES— Continued. Cities of third class, under act of 1874, pp. 199, 200, 201, 202, 203, 204, 205, 206, 207, 2C8, 209, 210, 211. Cities and boroughs having over five thousand in- habitants may establish high schools, pp. 82, 83, 84, 85, 86, 87, 88, 89. May hold separate institutes, p. 248, sec. cclix. Cities, boroughs and townships may establish high schools under act 1895, pp. 89, 90, 91, 92, 93.' CITIES, SECOND CLASS. Boards of sub-districts may borrow money, p. 333. May establish industrial schools, p. 334, 335. COLLECTORS. Election of, u. 180, sen. clxxviii. Term three years, p. 180, sec. clxxviii. Vacancies, how filled, p. 180, sec. clxxix; p. 181, sec. clxxx. Bond to be approved by court annually, p. 180, sec. clxxviii. Oath of office, p. 181, sec. clxxxi. Duties and compensation of, p. 182, sec. clxxxii; p. 183, sec. clxxxiii, clxxxiv; p. 1S4, sec. clxxxv; p. 185, sec. clxxxvi, clxxxvii. When to deduct five per cent., p. 187. sec. cxcii. When to add five per cent., p. 187, sec. cxcii. To levy by distress and sale, unpaid tax, p. 188, sec. cxcv. To collect tax from personal property on real es- tate, p. 189, sec. cxcvi. INDEX. 369 COLLECTORS— Continued. To return real estate as unseated land if there is no personal property, p. 190, sec. cxcvii. Warrants for what time effectual, p. 190, sec. cxcviii. Warrants revived and extended, p. 193, sec. cciii. To pay treasurer money received within six weeks of date of warrant, p. 190, sec. cxcix. To pay treasurer whole amount charged within three months, p. 191, sec. cc. Amount to be paid to be entered as judgment, p. 191, sec. cci. Cannot bring suit for taxes before expiration of war- rants, p. 192, sec. ccii. COLLEGES. To report, p. 298, sec. cccii; pp. 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312. Exempt from taxation, p. 177, sec. clxxv. COLLEGE GRADUATES. P. 260, sec. cclxvi; p. 261, sec. cclxvii. COMPULSORY ATTENDANCE. See "Attendance Compulsory." CONSTABLES. 4 To notify persons elected directors, p. 39, sec. xlv. CONTAGIOUS DISEASES. P. 68, sec. lxxiii; pp. 69, 70, 71. CONTROLLERS. Board of, in city or borough, how constituted, p. 2, sec. iii; p. 3, sec. iv; p. 4, d. 1. 24 370 INDEX. COUNTY COMMISSIONERS. To furnish directors copies of last adjusted valua- tion, p. 170, sec. clxv; p. 171, d. 141, 142; p. 215, d. 151. To furnish certified list of number of taxables, p. 214, sec. ccxxiv. If not furnished preceding certificate of taxables to be taken, p. 215, sec. ccxxv. In case of error, p. 215, sec. ccxxvi. Duty in formation of new districts, p. 19, •s'ec. xxiv; p. 172, sec. clxvii. Penalty for neglect of duty, p. 28, d. 10. To make special assessment in new district, p. 172, sec. clxvii. Cannot serve as school directors, p. 44, sec. 1. To furnish office for County Superintendent, p. 237, sec. ccxlix. COUNTY SUPERINTENDENTS. Election of, p. 217, sec. ccxxxi. Advertisement of holding election, p. 218, sec. ccxxxii. By whom and when elected, p. 219, sec. ccxxxiii. When elected in new counties, p. 226, sec. ccxxxix. Acquirements of, p. 219, sec. ccxxxiii; p. 223, sec. ccxxxviii; p. 222, d. 153, 154. Compensation, how fixed and paid, p. 219, sec. ccxxxiv, ccxxxv. Minimum salary, note, p. 221. Cannot receive compensation for teaching, p. 221, sec. ccxxxvi, ccxxxvii; p. 222, d. 152. Cannot serve as agents, p. 146, sec. cxliv; p. 147, d. . 117. INDEX. 371 COUNTY SUPERINTENDENTS— Continued. Certificate of election to be sent to Superintendent of Public Instruction, p. 226, sec. ccxl. Objections to commissioning, when made and by whom signed, p. 226, sec. ccxl; p. 228, d. 155, 156, 157. Oath of office, p. 229, sec. ccxli; p. 229, d. 158. Duties in visiting schools, p. 230, sec. ccxlii, ccxliii. To inform State Superintendent of incompetent teachers, p. 230, sec. ccxliii; p. 233, sec. ccxlvi. Removal from office, p. 217, sec. ccxxx; p. 221, sec. ccxxxvii; p. 237, d. 165. Vacancies, how filled, p. 236, sec. ccxlviii. To examine teachers publicly, p. 240, sec. ccli; p. 240, d. 170. Annul certificates, p. 240, sec. ccli; p. 241, d. 172; p. 242, d. 173, 174, 175. Immoral persons not to be examined, p. 241, d. 171. Persons who use intoxicating drinks as a beverage not to receive certificates, p. 231, sec. ccxliv. To make annual report to State Superintendent, p. 243, sec. cclii. Approve and forward district annual reports, p. 243, sec. cclii; p. 244, d. 176, 177, 178; p. 155, sec. cliii. To attend annual examination in State Normal School, p. 281, sec. ccxci; p. 284, sec. ccxciii. Cannot have a pecuniary interest in school of his own, p. 221, sec. ccxxxv; p. 222, d. 152. To be supplied with suitable office by county com- missioners, p. 237, sec. ccxlix. 372 , INDEX. CONVEYANCE. Directors of wards can execute deeds to controllers of cities and boroughs, p. 2, sec. iii. Property held by trustees for school purposes, p. 30, sec. xxxvii. Conveyance of real estate by surviving trustees, p. 131, sec. cxxxi. COURTS. May create new districts, p. 4, sec v. Designate time and place for holding election, p. 34, sec. xliii; p. 13, sec. xv. May abolish districts, p. 7, sec. viii; p. 8, sec. ix; p. 9, d. 5. Appoint auditor where borough limits have been changed, p. 11, sec. xii; p. 12, sec. xiii. May annex lands or parts thereof for school pur- poses, p. 17, sec. xix, xx. Clerks of courts to send to State Superintendent certified copy of decree, p. 18, sec. xxii; p. 19, d. 8. Appoint viewers of sites, p. 109, sec. cxiv. Appoint inspector, p. 49, sec. lvii. Remove directors for neglect of duty, p. 47, sec. lvi; p. 48, d. 24; p. 48, sec. lvii; p. 50, sec. lviii; p. 52, d. 27, 28. DEBT. See "Indebtedness." DEEDS. How executed, p. 31, sec. xxxviii. DIRECTORS. Election and term of office, p. 33, sec. xiii. INDEX. 373 DIRECTORS— Continued. May qualify each other and how, p. 47, sec. liv, lv. Must take oath of office, p. 46, sec. liii; p. 47, d. 23. Time and place of election- in independent .districts to be fixed by court, p. 34, sec. xliii; p. 36, d. 13. Election, how decided in case of tie vote, p. 36, sec. xliv; p. 37, d. 14. Term, how determined when vacancies are to be filled, p. 36, sec. xliv; p. 37, d. 14; p. 38, d. 15. Returns and contested election to be investigated by court, p. 39, sec. xlv. When seats may be declared vacant, p. 45, sec. lii, d. 21. Manner of proceeding in contested election, p. 39, sec. xlv. Vacancies, when filled by board, p. 39, sec. xlvi; p. 40, d. 16. Appointment to fill vacancies good till the first Monday in June ensuing, p. 40, d. 16. Resignation of, p. 42, d. 17. Exempt from serving in township offices, p. 44, sec. xlviii; p. 44, d. 20. Office of director and auditor incompatible, p. 44, sec. xlix. Office of director and county commissioner incom- patible, p. 44, sec. 1. Exempt from serving as collector, p. 44, sec. li. Refusal to serve as director, how remedied, p. 45, sec. lii. 374 INDEX. DIRECTORS— Continued. Removal from office, p. 45, sec. lii; p. 45, d. 21, 22; p. 47, sec. lvi; p. 48, d. 24; p. 48, sec lvii; p. 50, sec. lviii. When term of office begins, p. 51, sec. lix; p. 52, d. 26; p. 53, d. 29. When board to organize, p. 51, sec. lix, lx; p. 52, d. 25; p. 165, sec. clxiii. Levy and assess tax, p. 164, sec. clxi, clxii; p. 165, sec. clxiii; p. 165, d. 128, 129. Can borow money for building purposes, p. 113, sec. cxvi. Indebtedness, pp. 113, 114, 115, 116, 117, 118, 119, 120. 121, 122, 123, 124, 125, 126, 127, 128, 129, 130. What officers to be elected, p. 51. sec. lx. Case of failing to organize, p. 52, d. 27. Organization after ten days' legal, p. 52, d. 28. Old boards shall call meeting of new, p. 53, d. 29. What action requires affirmative votes of a majority of, p. 67, sec. lxx. Powers and duties of, p. 67, sec. lxxi; p. 102, sec. civ, cv, cvi, cvii. Establish schools, p. 68, sec. Ixxii; p. 78, d. 65, 66, 67. Shall meet with the teachers and adopt a series of books, p. 140, sec. cxxxix. Shall purchase books, p. 141, sec. cxl. Shall purchase school supplies, p. 141, sec. cxl; p. 142, d. 108. Shall keep separate account of cost of books and supplies, p. 141, sec. cxli. INDEX. 375 DIRECTORS— Continued. Cannot become agents for sale of books and supplies, p. 146, sec. cxliv; p. 147, sec. cxlv; p. 147, d. 116, 117. May grade schools, p. 148, sec. cxlvi, d. 118, 119. Establish high schools in cities and boroughs, pp. 82, 83, 84, 85, 86, 87, 88. Establish high schools in any district, pp. 89, 90, 91, 92, 93, 94, 95. May fix the time for sessions of school, p. 149, d. 120. Leased lots and trust property, p. 97, d. 79, 80. May establish joint schools, p. 94, sec. xcix; p. 95, sec. c; p. 95, sec. ci; p. 99, d. 85, 86. Not bound by vote of citizens in location of school house, p. 97, d. 81. Have control of school buildings, p. 98, d. 83. Shall provide separate water closets on school grounds, p. 101, sec. cii, ciii; p. 102, d. 88. Remove waste matter from outhouses, p. 102, sec. civ. Shall provide accommodations in adjoining districts, p. 112, sec. cxv; p. 112, d. 92, 93, 94. Shall visit schools, p. 131, sec. cxxxii. Shall direct what branches shall be taught, p. 139, sec. cxxxviii; p. 140, d. 107; p. 230, sec. ccxliii. Shall pay expenses of schools, p. 149, sec. cxlvii; p. 150, d. 121, 122, 123. Shall publish annual financial statement, p. 150, sec. cxlviii; p. 151, sec. cxlix; p. 152, d. 124. May suspend or expel pupils, p. 139, sec. cxxxviii; p. 144, d. 110, 111. Decide what schools pupils may attend, p. 148, sec. cxlvi. 376 INDEX. DIRECTORS— Continued. Appoint teachers and fix salaries, p. 131, sec. cxxxiii; p. 132, sec. cxxxiv; p. 134, d. 95, 96, 97, 98. May dismiss teachers, p. 131, sec. cxxxiii; p. 137, d. 103, 104, 105. Contracts in writing-, p. 134, d. 95. Signing- an agreement as individuals not binding, p. 64, d. 60. Shall elect county superintendent, p. 219, sec. ccxxxiii. Shall make report of election to State Superintend- ent, p. 223, sec. ccxxxviii. Make annual report to county superintendent, p. 154, sec. clii; p. 154, d. 125. Certificate and affidavit, p. 155, sec. cliii. DISTRICTS. What constitutes a district, p. 1, sec i. Notice to persons having claims against districts, p. 25, sec. xxviii, xxix, xxx, xxxi, xxxii. Borough and townships separated, p. 1, sec. ii; ;>. 17S, sec. clxxvi; p. 179, d. 146. Cities and boroughs divided into wards, p. 2, sec. in; p. 3, sec. iv; p. 4, d. 1. Districts and boroughs corporate, p. 29, sec. xxxv, xxxvi. Can purchase and sell property, p. 29, sec. xxxri; p. 30, d. 11. May purchase ground and hold for future use, p. SO, d. 11. Suits by and against, p. 31, sec. xxxix. INDEX. 377 DISTRICTS— Continued. Indebtedness of districts, pp. 113, 114, 115, 116, J 17, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130. Against whom execution shall issue in judgmeat, p. 32, sec. xl. Debts contracted binding on future boards, p. 33, d. 12. Costs of collection against districts, how paid, p. 27, sec. xxxii; p. 28, sec. xxxiii. Inhabitants of districts competent as witnesses, ].. 33, sec. xli. DISTRICTS, CONSOLIDATED. P. 2, sec. iii; p. 4, d. 1. DISTRICTS, INDEPENDENT. How formed, p. 4, sec. v; p. 5, sec. vi. Time and place of election fixed by court, p. 34, pec. xliii. Expenses of election to be paid by the county, p. 36, d. 13. When to go into operation, p. 6, sec. vii, d. 2; p. 7, d. 3. Rights, powers and duties of, p. 8, d. 4. How abolished, p. 8, sec. ix; p. 9, d. 5. DISTRICTS, CHANGES. New districts go into operation, p. 6, sec. vii, d. 2, 3; p. 9, sec. x; p. 19, d. 8. Division of property, p. 10, sec. xi; p. 14, d. 6. Borough school district shall share in rights and lia- bilities of townships from which formed, p. 20, sec. xxv. Money and debts of old and new districts, p. 14. d. 7: p. 11, sec. xii. 378 INDEX. DISTRICTS, CHANGES— Continued. Real estate and movable property to pass with terri- tory where located, p. 15, sec. xvii. Courts may annex lands, or parts thereof, for school purposes, p. 16, sec. xviii; p. 17, sec. xix; p. 12, sec. xiv. Duties of clerks of courts in formation of, p. 18, sec. xxii. Duties of clerks of commissioners in formation of, p. 19, sec. xxiv; p. 21, d. 9; p. 28, d. 10. Proceedings pending, building tax cannot be collected, p. 19, sec. xxiii. Penalty for neglect of duty of commissioners, p. 28, d. 10. Rights and liabilities when townships have been di- vided into two or more boroughs, p. 21, sec. xxvi; p. 22, sec. xxvii. DISTRICT SUPERINTENDENTS. Districts entitled to elect, see note p. 266; pp. 262, 263, 264, 265, 266. EXAMINATIONS OF TEACHERS. P. 240, sec. ccli, d. 170, 171, 172; p. 240, sec. ccli, d. 170- EVENING SCHOOLS. Pp. 328, 329, 330, 331, 332. PINES. P. 162, sec. clx. FIRE ESCAPES. P. 105, sec. cxi; p. 107, sec. cxii; p. 108, sec. cxiii. FIRE PLUGS. T. 103, sec. cv. INDEX. 379 FORMS. Bond of collector of school tax, p. 341. * Warrant to collector of school tax, p. 343. Certificate to county commissioners for non-payment of school tax on unseated lands, p. 344. Certificate of unpaid balance by collector, to be f.led in the prothonotary's office, p. 345. Bond of district treasurer, p. 346. Order on district treasurer, p. 347. Agreement between directors and teachers, p. 348. Annual statement of district accounts, p. 349. Notice for convention of school directors to elect county superintendent, p. 350, 351. Certificate of election of county superintendent, p. 352. Oath of office of county superintendent, p. 353. Application for permanent certificate, p. 353, 354, 355, 356, 357. Application for State normal diploma, p. 357, 358. Practical teachers' State certificate, p. 358, 359, 360. FREE BOOKS. See "Books and School Supplies." GARB OF TEACHERS. P. 133, sec. exxxv, exxxvi. GRADUATES OF COLLEGES. P. 260, sec. eclxvi; p. 261, sec. eclxvii. HIGH SCHOOLS UNDER ACT OF 1895. High schools may be established, p. 89, sec. lxxxviii. Course of instruction, p. 89, sec. lxxxviii. 380 INDEX. HIGH SCHOOLS UNDER ACT OF 1895— Continued. May establish joint high schools, p. 89, sec. lxxxix. Divided into grades, p. 90, sec. xc. # Appropriations, p. 91, sec. xci. Teachers, p. 91, sec. xcii. Sworn statement, p. 92, sec. xciii. Supervision of high schools, p. 92, sec. xciv. Courses of study, p. 93, sec. xcv. HIGH SCHOOLS IN CITIES AND BOROUGHS (1893). Pp. 82, 83, 84, 85, 86, 87, 88, 89. HOLIDAYS. P. 157, sec. civ, clvi; p. 160, sec. clvii; p. 161, sec. clviii, clix, note. HOMES FOR FRIENDLESS CHILDREN. Pp. 323, 324, 325, 326, 327, 328. HOUSES. To be erected, p. 94, sec. xcix; p. 95, d. 74; p. 96, d. 75, 76; p. 98, d. 82. Must provide a sufficient number, p. 48, sec. lvii; p. 50, sec. lviii. Location of, p. 95, d. 74; p. 96, d. 75, 77; p. 109, sec. e>iv; p. Ill, d. 89, 90, 91. Note. Sites, p. 109, sec. cxiv; p. Ill, d. 89, 90, 91. Plans for buildings, p. 98, d. 82. Water closets, p. 101, sec. cii, ciii; p. 102, d. 88. Fire escapes, p. 105, sec. cxi; p. 107, sec. cxii. Care and control of, p. 98, d. 83. To be used for school purposes only, p. 99, d. 84. Furniture and fuel to be provided for, p. 94, sec. xcix; p. 100, d. 87. INCOMPATIBILITY OF OFFICES. P. 44, sec. xlix. INDEX. 381 INDEBTEDNESS. Pp. 113, 114, 115, 116, 117, 118, 119, 120. INSPECTOR. P. 48, sec. lvii; p. 50, sec. lviii. INSTITUTES. County, p. 245, sec. ccliii, ccliv. To be called by county superintendent once in each year, p. 245, sec. ccliii. Roll of members to be kept, p. 245, sec. ccliv. Appropriation for, p. 245, sec. ccliv. Compensation of teachers for attendance, p. 247, sec. cclv, cclvi, cclvii; p. 248, d. 179. Schools to be closed, p. 248, sec. cclvi. File accounts with county treasurer, p. 250, sec. cclx. Vouchers to be examined by auditors, p. 250, sec. cclx. Report of institute to be sent to State Superintendent, p. 250, sec. cclxi, d. 180. Cities and boroughs having not less than fifty teach- ers may have separate institutes, p. 249, sec. cclix. Note. LIABILITIES. See "Indebtedness." LIBRARIES DISTRICT SCHOOL ACT OF 1864. How established, p. 313, sec. cccxviii. Board to receive moneys, p. 313, sec. cccxix. Ownership, p. 314, sec. cccxx. Persons entitled, p. 315, sec. cccxxi. Rules and regulations, p. 315, sec. cccxxii. Penalties, p. 315, sec. cccxxii. Librarian, p. 316, sec. cccxxiii. 382 INDEX. LIBRARIES DISTRICT SCHOOL ACT OF 1864— Con- tinued. Duty of board, p. 317, sec. cccxxiv. Selection of books, p. 317, sec. cccxxiv. Legal possession, p. 318, sec. cccxxvi. Gifts and bequests, p. 318, sec. cccxxvii. LIBRARIES, FREE, ACT OF 1895. How established, p. 319, sec. cccxxviil. School houses may be used, p. 320, sec. cccxxix. Building may be purchased, p. 320, sec. cccxxix. Levy of tax, p. 320, sec. cccxxx. Trustees of library, p. 321, sec. cfccxxxi. Powers and duties, p. 321, sec. cccxxxi. Vacancy, p. 321, sec. cccxxxi. Report, p. 321, sec. cccxxxi. Under State Librarian, p. 322, sec. cccxxxii. Gifts and endowment, p. 322, sec. cccxxxiii. MEETINGS. When to be held and business to be transacted, p. G2, sec. Ixvii; p. 63, d. 56, 57; p. 64, d. 58, 59; p. 65, d. 62. President and secretary pro tempore may b