UC-NRLF LIBRARY OF THE UNIVERSITY OF CALIFORNIA OF" Received , 190 Accession No. #2740 , Class No. KENTUCKY COMMON SCHOOL LAWS, WITH NOTES, BLANKS AND FORMS FOR THE USE OF SCHOOL OFFICIALS AND OTHERS CONCERNED IN THE ADMINISTRATION . OF THE . PUBLIC SCHOOL SYSTEM. Prepared and Published by the Superintendent of Public Instruction. PROPERTY OF THE STATE. TO HK PRESERVED AND DELIVERED BY EACH OFFICIAL TO HIS OR HER .Jim.'KSSiMJ IN OFFICE. Of Ttli UNIVERSITY , INCLUDES THK LOTjgC'AITirE ACTS OF 1896. (iKO. G. FETTKR PRINTING CO., LOUISVILLE, KY. L la,iS*2 INTRODUCTORY. The General Assembly of 1894 amended eighteen sections of the act of July G, 1893, and enacted a law for the establishment and maintenance of public schools in cities of the second class, be- sides making some changes in charters of the cities of the third and fourth classes affecting the public schools. An act, now included in the Session Laws of 1894 as chapter 34, was passed under the title of "An act to amend and re-enact sec- tions 1, 5 and 6 of an act, entitled 'An act for the benefit of graded schools,' approved March 18, 1892." This act of March 18, 1892, was not included in the edition of School Laws published in the summer of 1893, from the faot that its provisions had all been in- corporated in the general school law of July 6, 1893. This amend- ment of the original act makes it necessary to publish it separ- ately, as amended, and it will be found among the "School Laws other than those found in chapter 260," etc., and numbered II. Wherever necessary in the general law, section 100 to 130, inclusive, attention is called to it by marginal note. The amended sections of the act of July 6, 1893, are given, that the reader may readily note whatever changes have been made. They are the following: 33, 37, 46, 57, 58, 59, G9, 78, 79, 80, S3, 89, 132, 133, 137, 149 and 156. Beginning with sub-head 31, in the Appendix, are found such additional abstracts of the decisions of the State Courts and opin- ions of the Attorney-General, on common school laws, as are nat given in former editions. The supply of last edition is now so nearly exhausted, and so many changes have been made, as to necessitate the printing and distribution of the entire code, instead of a supplementary pamph- let containing only the new enactments, with which to compare that now in hand. The latter course would involve increasing trouble to school officers, and inevitably lead to confusion. Publication is, therefore, made in accordance with the following provisions. INTRODUCTORY. 3 as found in sections 31 and 33, chapter 260, acts of Assembly, 1891- 92-93. "The Superintendent of Public Instruction shall biennially col- lect, arrange for publication and index the school laws, omitting all that has been repealed, and inserting in its proper place that which is amendatory. * * * * "He shall have published for annual distribution throughout the State, abstracts of the decisions of the Appellate Court and ot the Attorney-General on points of school law and construction thereof, etc." The General Assembly of 1896 / amended sections 63 and 117, and section 8, of the charter for second class cities, granted the power to trustees of county seminary property to transfer the same to trustees of a common school district, with some other less gen- eral legislation for the cause of education. We have adopted the "Introduction" of our predecessor in office explaining the legislation of 1894. W. J. DAVIDSON, Superintendent of Public Instruction. 82740 EDUCATIONAL PROVISIONS OF THE STATE CONSTITUTION OF KENTUCKY. EDUCATION. " 183. The General Assembly shall, by appropriate legisla- tion, provide for an efficient system of common schools throughout the State. " 184. The bond of the Commonwealth, issued in favor of the Board of Education, for the sum of one million, three hundred and twenty-seven thousand dollars, shall constitute one bond of the Commonwealth in favor of the Board of Education, and this bond and the seventy-three thousand five hundred dollars of the stock in the Bank of Kentucky, held by the Board of Education, and its proceeds, shall be held inviolate for the purpose of sustaining the system of common schools. The interests and dividends of said fund, together with any sum which may be produced by taxation or otherwise for purposes of common school education, shall be ap- propriated to the common schools, and to no other purpose. Xo sum shall be raised or collected for education other than in common schools until the question of taxation is submitted to the legal voters, and the majority of the votes cast at said election shall be in favor of such taxation : Provided, The tax now imposed for edu- cational purposes, and for the endowment and maintenance of the Agricultural and Mechanical College, shall remain until changed by law. " 185. The General Assembly shall make provision, by law, for the payment of the interest of said school fund, and may pro- vide for the sale of the stock in the Bank of Kentucky; and in case of a sale, of all or any part of said stock, the proceeds of sale shall be invested by the Sinking Fund Commissioners in other good in- terest-bearing stocks or bonds, which shall be subject to sale and re- investment, from time to time, in like manner, with the same re- strictions, as provided with reference to the sale of the said stock in the Bank of Kentucky. EDUCATION. 5 ISO. Kadi county in the Commonwealth shall be entitled to its proportion of the school fund on its census of pupil children for each school year; and if the />ro rnta share of any school dis- trict be not called for after the second school year, it shall be covered into the treasury and be placed to the credit of the school fund for general apportionment the following school year. The surplus now due the several counties shall remain a perpetual ob- ligation against the Commonwealth for the benefit of said respect- ive counties, for which the Commonwealth shall execute its bond, bearing interest at the rale of six per centum per annum, payable annually to the counties respectively entitled to the same, and in the proportion to which they ace entitled, to be used exclusively in aid of common schools. " 187. In distributing the school fund no distinction shall be made on account of race or color, and separate schools for white and colored children shall be maintained. u 188. So much of any moneys as may be received by the Com- monwealth from the United States under the recent act of Congress refunding the direct tax shall become a part of the school fund, and be held as provided in section 181; but the General Assembly may authorize the use, by the Commonwealth, of the moneys so received or any part thereof, in which event a bond shall be exe- cuted to the Board of Education for the amount' so used, which bond shall be held on the same terms and conditions, and subject to the provisions of section 184, concerning the bond therein re- ferred to. " 189. No portion of any fund or tax now existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to, or used by, or in aid of, any church, sectarian or denominational school." 1 .V). The provisions of sections 14.") to l.~)4, inclusive, (which require a secret ballol in all elections, etc.) shall not apply to the election of school trustees and other common school district elec- tions. Said elections shall be regulated by the General Assembly, except as otherwise provided in this Constitution." " 157. The lax rate of cities, towns, conn lies, taxing districts and other municipalities, for other than school purposes, shall not, at any time, exceed the following rates upon the Value of the tax- able property therein, viz: For all towns or cities having a popu- EDUCATION. lation of fifteen thousand or more, one dollar and fifty cents on the hundred dollars; for all towns or cities having less than fifteen thousand and not less than ten thousand, one dollar on the hundred dollars; for all towns or cities having less than ten thousand, sev- enty-five cents on the hundred dollars; and for counties and taxing districts, fifty cents on the hundred dollars; unless it should be nec- essary to enable such city, town, county, or taxing district to pay the interest on, and provide a sinking fund for the extinction of, indebtedness contracted before the adoption of this Constitution. No county, city, town, taxing district, or other municipality, shall be authorized or permitted to become indebted, in any manner or for any purpose, to an amount exceeding, in any year, the income and rev- enue provided for such year, without the assent of two-thirds of tEe voters thereof , voting at an election to be held for that purpose; and any indebtedness contracted in violation of this section shall be void. Nor shall such contract be enforceable by the person with whom made; nor shall such municipality ever be authorized to assume the same." THE COMMON SCHOOL LAWS . . . OF THK . . . COMMONWEALTH KENTUCKY. I. GENERAL PROVISIONS Sections i to 7 II. SCHOOL FUND. Sections 8 to 14 III. BOARD OF EDUCATION Sections i 5 to 21 IV. SUP'T OF PUBLIC INSTRUCTION Sections 22 to 36 V. COUNTY SUPERINTENDENT Sections 37 to 59 VI. COUNTY BOARD OF EXAMINERS Sections 60 to 64 VII. DISTRICTS Sections 65 to 71 VIII. DISTRICT TRUSTEES Sections 72 to 92 IX, DISTRICT TAXATION Sections 93 to 99 X. GRADED COMMON SCHOOLS Sections 100 to 130 XI. TEACHERS Sections 131 to 136 XII. TEACHERS' INSTITUTE Sections 1 37 to 147 XIII. COUNTY AND DISTRICT LIBRARIES .. ..Sections 148 to 151 XIV. COLORED SCHOOLS Sections 152 to 155 XV. ENFORCED ATTENDANCE Sections i 58 to 164 G KN Ell A L P IK ) V J S I < ) N S. I. GENERAL PROVISIONS. 1. A uniform system of common schools throughout the State. '2. Common school and its conditions de- fined. 3. School-year, when to begin and termi- nate. 4. Number of school-days to constitute a month; number of hours to con- stitute a school-day ; conditions for employing assistant teachers. Duty of all pupils ; for good cause may be suspended or expelled from school. Forbidden publications and doctrines in common schools. Conditions for graduation in a com- mon school. l. [A Uniform System.] /*< it wHictwi //// t!i< GY>/m/7 A.s- senibly of the Commonwealth of Kentucky: There shall be maintained throughout the State of Kentucky a uniform system of common schools in accordance with the Constitution of the State and this chapter. 2. [Common School Defined.] No school shall be deemed a "common school," within the meaning of this chapter, or be entitled to'any contribution out of the school fund unless the same has been, pursuant hereto, actually kept, or is under contract to be kept, by a qualified teacher for three months in districts hav- ing thirty-five pupils or less, for four months in districts having more than thirty-five or less than forty-five pupils, and for five or more months in districts having forty-five or more pupils, during the same school year, and at which every child residing in the district, be- tween the ages of six and twenty years, has had the privilege of attending, whether contributing towards defraying its expenses or not: Proridcd, That nothing herein shall prevent any person from attending a common school who will obtain the consent of the trustees and the teachers and pay the required tuition fees. But after June 30, 1894, no school shall be deemed a common school" or be entitled to any contribution out of the school fund, unless the same has been, pursuant hereto, actually kept, or is under con tract to be kept, by a qualified teacher for not less than five months during the same school year, free of expense to every pupil child, as prescribed above. In order Hint each child of the Common- wealth may enjoy the benefits of a five mouths' school, the Super- intendent of Public Instruction shall, for each school year after June 30, 1893, apportion the fund due each county having one or more districts of less than forty-live pupil children as follows: He shall apportion to each district, without regard to school popula- A* UK (iKNKHAL PROVISIONS. 9 tion, the per capita of forty-fiA'e pupil children, both from the fund derived from the State and interest on the county bond, if any, and promt e the remainder of the fund among the districts having more than forty-five such children: Provided, That any fractional bal- ance shall be omitted in computing the said per capita, and that the aggregate of fractional balances shall be credited to the respect- ive counties, and be taken into account the following year. 3. [School Year.] The school year shall begin on the first day of July, and end on the thirtieth of June. 4 '[School - Month School - Day Assistant Teachers.] Twenty school days, or days in w r hich teachers are actually employed in the schrool room, shall constitute a school month in the common schools of the State; but no teacher shall teach on Saturdays. Teachers shall have the benefits of only such legal holidays as they actually observe. Six hours of actual work in the school room shall constitute 1 a school day; and under no cir- cumstances shall the daily session, including recesses and inter- missions, exceed nine hours in length. When the attendance ex- ceeds fifty, the teacher may employ, during such attendance, an assistant, whose scholarship and competency shall be acceptable to the trustees. When the school shall require an assistant to serve regularly at a salary, such assistant shall hold a certificate of qualification and be employed by the trustees. 5. [Regulations for Schools Penalties.] All pupils who may be admitted to common schools shall comply with the regulations established in pursuance of law for the government of such schools. Wilful disobedience or defiance of the authority of the teachers, habitual profanity or vulgarity, or other gross vio- lation of propriety or law, shall constitute good cause for suspension or expulsion from school. G. [Forbidden Publications and Doctrines.] No books or other publications of a sectarian, infidel, or immoral character, shall be used or distributed in any common school; nor shall any sectarian, infidel or immoral doctrine be taught therein. 7. [Conditions for Graduation.] Whenever a pupil of any common school shall have faithfully completed the pre- scribed course of study, shall have 1 passed a proper examination before the ( 1 ounty Hoard of Examiners on a series of questions 10 SCHOOL FUND. prescribed by the State Board of Examiners, and paid to the said county board an examination fee of one dollar, he shall be entitled to a certificate of such completion and examination, signed by said county board and approved by the Superintendent of Public Instruc- tion who shall affix thereto his official seal. The superintendent shall prepare a proper formfor said certificate. One such examination shall be held in each county on the last Thursday in January, and an- other on the last Thursday in June of each year. II. SCHOOL FUND. 8. Of what the school fund shall con- sist. (1.) Interest on the bond of the Com- monwealth. (2.) Dividends on bank stock owned by the State. (3.) Interest on bond issued for surplus. (4.) Interest on bond of 1892. (5.) Annual State Tax. (6.) Proportion of revenue received from licenses, and from fines and forfeitures. 9. The foregoing shall constitute the annual resources of the school fund ; how appropriated. 10. Use of fund. 11. Duty of the auditor in relation to the common school fund. 12. Net revenue of the common school fund to be distributed. Discounts on checks and other incidentals to be paid by fiscal courts. 13. Manner of estimating pro rata share of common school fund for each pupil child of the Common- wealth; county and district ap- portionment. 14. Manner, of distributing amount of school fund due each county, citv. etc. 8. [School Fund.] The school fund shall consist of the fund dedicated by the Constitution and laws of this Common- wealth for. the purpose of sustaining a system of common schools therein: (1.) The interest on the bond of the Commonwealth for one million three hundred and twenty-seven thousand dollars (1,- 327,000) in aid of common schools, at the rate of 6 per cent, per annum, payable semi-annually on the first day of January and July of each year. (2.) The dividends on seven hundred and thirty-five shares of the capital stock of the Bank of Kentucky, representing a par value of seventy -three thousand five hundred dollars owned by the State. The surplus, three hundred and eighty-one thou- sand nine hundred and eighty-six dollars and eight cents ($381,986.- 08), now due the several counties, and remaining a perpetual obli- gation against the Commonwealth for the benefit of said respective counties, for which the Commonwealth shall execute its bond, bear- ing interest at the rate of 6 per centum per annum, payable annually on the first day of July to the counties respectively entitled to the same, and in the proportion to which they are entitled, to be used exclusivelv in aid of common schools. Said bond shall be executed SCHOOL FUND. jl by the Governor and attested by the Secretary of State for and on behalf of the Commonwealth of Kentucky, and when said bond is executed the old bond for three hundred and seventy-eight thou- sand nine hundred and forty-six dollars and seventy-one cents, being part of said bond, shall be canceled and destroyed. (4.) TKe interest at 6 per cent, per annum, payable semi-annually, on the first day of January and July, on six hundred and six thousand six hundred and forty-one dollars and three cents (f 606,641.03), received from the United States under an act approved March 2, 1891, for which the Commonwealth has executed bond pursuant to an act approved March 12, 1892. (5.) The annual tax of twenty-two cents on each one hundred dollars of value of all real and personal estate and corporate franchises directed to be assessed for taxation. (6.) Such portions of fines, forfeitures and licenses which may be real- ized by the State as the amount of taxes for common school pur- poses bears to the whole State tax other than for the benefit of the Agricultural and Mechanical College. 9. [Entire Annual Resources How Appropri- ated.] The foregoing shall constitute the annual resources of the school fund of Kentucky, and shall be paid into the treasury, and shall not be drawn out or appropriated, except to pay the expenses of the State Department of Education of whatever character or kind, and in aid of common schools, as provided in this chapter. 10. [Use of Fund and Its Revenue ] Except as other- wise expressly provided in this chapter, no part of the common school fund, or of the revenue thereof, shall be used for any other purpose than the payment of teachers of common schools, legally qualified and employed in pursuance thereof. 11. [Duty of Auditor.] The auditor shall keep the ac- counts in relation to this fund. He shall, once in each month, make a transfer to the credit of said fund of all receipts into the treas- ury, with the source of each item, for the benefit of the common schools up to the date of such transfer. He shall allow no expen- ditures on that account beyond the annual revenue of the fund, and shall see that no county draws more than its proper proportion. 12. [Distribution of Net Revenue.] The net reve- nue of the fund accruing during each school-year shall constitute the sum to the distributed. But no fees to county judges or clerks, 12 SCHOOL FUND. discount on checks, or other incidental expenses, shall be paid out of the distributable share of the revenue apportioned to any county; but such payment, when allowed by the fiscal court, shall be made out of the count} T levy. 13. [Estimate Pro Rata Apportionment.] The Su- perintendent of Public Instruction shall, on or before the fifteenth day of July in each year, ascertain and estimate for the school year the pro rata share to which each pupil child will be entitled, ac- cording to the whole number of such children residing in the county and each school district, respectively, as shown by the returns of the county superintendent. If, at the time of making such estimate and apportionment, the census returns of the superintendent for any county have not been made to him, he shall use the census returns made for the previous year. It shall be the duty of the auditor to furnish the Superintendent of Public Instruction such data as may be needed in making such estimate and apportionment. It shall be the duty of the Superintendent of Public Instruction, as soon as practicable, to file such a copy of said estimate and apportionment with the auditor, and to inform each county superintendent of the amount to which each school district of his county shall be entitled. Whatever difference may exist between the estimated and the act- ual revenue of the school fund for any school-year shall be taken into the account of the estimate and apportionment for the suc- ceeding school-year. If the pro rata share of any school be not called for, after the second school-year, it shall be covered into the treasury, and be placed to the credit of the school fund for general apportionment the following school-year. When any school district in any school-year shall have failed to rise all or any part of the money due it for such school-year, such district shall be entitled to said money for the next school-year, provided the term of the com- mon school for that year shall be extended for such proportion of a term as the said accumulated money bears to the said amount due said district in the year in which said money is paid. A de- tailed statement of the surplus amount to which each county is entitled shall be made out by the Superintendent of Public Instruc- tion, and filed and preserved in his office. The bonded surplus in the State treasury to the credit of the counties shall bear interest at the rate of (\ per cent, per annum, and the per capita derived from 1JOAIII) OF KI)rr.\TION. 13 said interest shall be duly apportioned to the white and the colored schools of the county respectively, and be paid as provided in the following section: /Yor/VfY/, That when any county heretofore es- tablished out of territory belonging to a county or counties having a surplus which has not been apportioned among said counties, and when any new county shall hereafter be established out of territory belonging to a county or counties having such a surplus, then the Superintendent of Public Instruction shall apportion such surplus among the original and new counties in an equitable man- ner. 14. [Successive Warrants Distributing School Fund.] For each school-year the Auditor of Public Accounts shall, on the successive warrants of the Superintendent of Public Instruction, distribute the amount of the school fund due 1 each county to its county superintendent of common schools, and the amount due each city, town or village, organized as one district to the treasurer of the school board thereof, as follows: On or be- fore the first of October, two-fifths of the whole amount; on or before the tirst of November, one fifth of the whole amount; on or before the first of December, one-fifth of the whole amount, and on or be- fore the iirst of January, the residue, including the undistributed surplus and interest on the county bond. III. BOARD OF EDUCATION. 15. Members, character, name and style of the Board of Education. 16. Power of board in regard to real and personal estate. 17. Chairman and quorum of board. 18. Meetings of the board only on the written call of the chairman. 10. Corporate acts. 20. Board, a standing committee to pre- pare rules, by-laws and* regula- tions- for common schools, and to select and recommend course of stady, books for county and dis- tinct libraries ; duties of county superintendents and of trustees. 21. Subjects of instruction prescribed bv the board. 15. [HOW Constituted.] Tlie Superintendent of Public Instruction, together with the Secretary of State and Attorney- general, shall constitute the State Hoard of Education. The board thus constituted shall be a body-politic and corporate, by the name and style of the Kentucky State JJoard of Education. 16. [Powers as to Real and Personal Estate Custodian Of Evidences .] The corporation may take, hold and dispose of real or personal estate for the benefit of the common 14 BOARD OF EDUCATION. schools of the State. The bonds, certificates of stock, and other evidences of property held by the board for common school pur- poses, shall be in the custody of the chairman, and the place of de- posit shall be shown by the records of the board. 17. [Chairman Quorum.]- The Superintendent of Pub lie Instruction shall be chairman of the board, and, with one other member, may control its corporate action at any regular or called meeting of the board, of which all of the members shall have had timely notice in writing. 18. [Meeting's How Called.] The board shall meet only on the written call of the chairman. 19. [Corporate Acts.] The corporate acts of the board shall be attested by the signature of the chairman, and his private seal shall stand in lieu of a corporate seal. 20.[Standing- Committee.] The State Board of Educa- tion shall constitute a standing committee, who shall prepare rules, by-laws and regulations for the government of the common schools of the State, which shall be adopted and enforced under the authority and direction of the county superintendents, trustees and teachers ; shall prescribe regulations for the management of county teachers' libraries, and prepare suitable lists of books for district libraries, with regulations for the management thereof; shall prescribe and publish a public graded course of study for the common schools, specifying the order of studies, and the time to be allotted to each, which course of study .shall be observed by the teacher and enforced by the trustees. 21. [Course of Study.] The instruction prescribed by the board shall embrace spelling, reading, writing, arithmetic, Eng- lish grammar, English composition, geography, physiology and hy- giene, civil government, United States history and the history of Kentucky. After July 1, 1893, the nature and effects of alcoholic drinks and narcotics upon the human system shall, in all schools supported wholly or in part by the State, be taught as thoroughly as other required^ studies to all pupils studying physiology and hy- giene as a part of this branch. SUPERINTENDENT OF PUBLIC [NSTRUCTION. 15 IV. SUPERINTENDENT OF PUBLIC INSTRUCTION. 22. Official oath and beginning of term of office. 23. Salary, supplies for office, and num- ber' and appointment of clerks. 24. State Board of Examiners. 25. Office at seat of government; entire time and attention must be de- voted to the duties of his office. 26. Duties in respect to all orders drawn, settlements, and all changes in office of county superintendents. 27. Biennial report, when it shall be made, what it shall contain, and its publication and distribution. 28. In report, objects, methods of ad- mission, etc., of State educational charitable institutions shall be set forth. 29. Evidence of certified copies of records and papers in his office. 30. Official blanks and documents, with instructions, as provided by law. 31. Shall biennially edit school laws. 32. Duty to report to County Attorney, any neglect of duty or misappro- priation of common school funds on the part of any of the school officers. 33. Shall have published for annual dis- tribution ; the general school laws, abstracts of decisions of the Ap- pellate Courts and of the Attor- ney-General, on school-law, etc. 34. Official decisions on any question of difference or doubt in the interest of common schools, and record of decisions to be kept. 35. Duty in regard to any donation, gift, of devise to common school fund; duty of agent, compensa- tion and liability on bond; spe- cial conditions, of any donation, etc., shall be observed. 36. On retiring from office, official books, papers and effects must be delivered to successor ; penalty for failure. 22. [Oath Bond Beginning of Term.] The Super- intendent of Public Instruction shall take the oath, and enter upon the duties of his office, on the first Monday in January after his election, and shall give bond to the Commonwealth, with good security, for the faithful performance of his duties, to be approved by the Governor, with at least twenty-five thousand dollars, the bond to be filed in the office of Secretary of State. 23. [Salary Office Supplies Clerks.] His sal- ary shall be two thousand five hundred dollars per annum; besides which, he shall be entitled to all office fixtures, stationery, books, postage, fuel and lights needed to carry on the work of his office. He shall have power to appoint three clerks, namely : A chief clerk, whose salary shall be fifteen hundred dollars per annum; a first clerk, whose salary shall be one thousand dollars per annum, and a second clerk, whose salary shall be eight hundred and fifty dollars per annum. Said salaries to be paid monthly out of the common school fund. 24, [State Board of Examiners.] The Superintendent of Public Instruction shall appoint two professional educators, who, together with himself, shall constitute a State Board of Examiners, who shall examine all applicants, personally applying to them for certificates of qualification as county superintendents, or for State 16 SUPERINTENDENT OF PUBLIC INSTRUCTION. diplomas or State certificates. The said Board of Examiners shall prepare the series of questions for the examination of candidates for county superintendents, as provided in section 37 of this chap- ter, and also the different series of questions for the examination of teachers as provided in section 133 of this chapter, and before for- warding to the county superintendents, shall submit all of the said series to the State Board of Education for their approval. 25. [Office and Work.] He shall keep his office at the seat of government, in such suitable buildings as may be provided, and shall devote his entire time and attention to the duties of his office. 26. [Accounts Settlements Changes of County Superintendent.] He shall keep an account of all the orders drawn or countersigned by him on the auditor; of all the returns of settlements, and of all changes in the office of county superintend- ents, which shall be furnished to the auditor whenever required. 27. [Biennial Report.] Pie shall, biennially, on or before the meeting of the General Assembly, make report of the condition, progress and prospects of the common schools; the amount and con- dition of the school fund; how its revenue for the two previous school years has been distributed; the amount produced and dis- bursed for common school purposes from local taxation or other sources, and how and for what the same was expended; an abstract of the county superintendent's reports, the practicable workings of the common school system of the State, with suggestions as to any alterations it may require; all of which, together with such other facts, statistics and information, as may be deemed of interest to be known, he shall deliver to the contractor for the public printing, and cause to be printed a copy for eao*~_ school district, and for each county and city superintendent of schools in the State, seven hun- dred and fifty copies for the use of the members of the General As- sembly and for exchange with the Superintendents of Public In- struction of other States, and five hundred copies for distribution by the superintendent according to his discretion. 28. [Educational Charitable Institutions.] -The superintendent, in his report, shall set forth the objects, methods of admission, and other general information concerning the institu- tions for the blind, the deaf and dumb, and the feeble-minded; and, SUPERINTENDENT OF PUBLIC INSTRUCTION. \J to aid him in his work, the superintendent of those institutions shall be required, annually, by the first day of September, to furnish the Superintendent of Public Instruction with such condensed state- ment of their respective institutions as it would be profitable to publish. 29, [Of Certified Copies of Records, etc.] -Copies of records and papers in his office, certified by him, shall, in all cases, be evidence equally with the originals. 30. [Blanks Official Documents Instruc- tions.] He shall prepare suitable blanks for reports, registers, certificates, notices, and such other official documents as may be provided for in this chapter, and shall cause the same, with such instructions and information as he may deem necessary to a proper understanding and use of them, to be trans- mitted to the officers and persons intrusted with the execution of the provisions of the school law. 31. [Shall Biennially Edit Laws.] The Superinten- dent of Public Instruction shall biennially collect, arrange for pub- lication and index the school laws, omitting all that has been re- pealed, and inserting in its proper place that which is amendatory. 32. [Report Neglect of Duty, Etc.] It shall be his duty to report any neglect of duty or any misappropriations of com- mon school funds on the part of the county superintendents or trus- tees of common schools in this Commonwealth to the county attor- ney, whose duty it shall be, whenever such neglect of duty or mis- appropriations of funds shall come to his knowledge, to prosecute such person in the circuit court of the county. 33. [Publications for Annual Distribution.] He shall have published, for annual distribution throughout the State, the general school laws of the State, abstracts of the deci- sions of the appellate courts and of the Attorney-General, on points of school law and construction thereof, decisions, rules and regula- tions of the State Board of Education and of the State Board of Examiners, plans and specifications for building schoolhouses; in- formation and instructions in regard to application of the school law and the management of the common schools, important official and legal periods of the school year, with due notice thereof; and such other important facts and data as may be of interest to the public. Acts of 1894. 2 18 SUPERINTENDENT OF PUPLIC INSTRUCTION. 34 [Official Decisions Appeals Records.] The Superintendent of Public Instruction shall, at the written request of any county superintendent of common schools, decide any ques- tion of difference or doubt touching the administrative duties of officers and teachers of the common schools in his county. The de cision of the Superintendent of Public Instruction shall, in such case, be final, unless appeal be prosecuted from his decision to the State Board of Education within thirty days. Before rendering such opinion, the superintendent may obtain the advice of the At- torney-General, whose opinion, in writing, shall be conclusive for the time, and sufficient defense against all parties. The decisions of the Superintendent of Public Instruction, and the opinion of the At- torney-General, shall be duly filed and duly recorded in a book kept for that purpose.. 35, [Duty in Case of Donation, Gift or Devise-] Whenever he shall be informed that any donation, gift or devise of any real or personal estate shall have been made to the common school fund of Kentucky, it shall be the duty of the Superintendent of Public Instruction to appoint some discreet person, who shall take charge of the real or personal estate so granted, devised or donated, and sell and dispose of the same, and pay the proceeds into the State treasury. Before said agent so appointed by the Superintend- ent of Public Instruction shall proceed to act, he shall give a bond, with good security, to the Commonwealth, for the faithful discharge of his duties, as agent. Said bond shall be given in the county in which the donor, grantor or devisor shall have died, or in the county in which the property is situated, the bond to be executed in, and approved by, the county court. The person so appointed shall make a settlement with the county court of his county once in each year, and shall pay into the treasury the amount found in his hands after said settlement. The court shall allow said person areasonable compensation for collecting andpayingover said money, not exceeding ten per cent, on the first five hundred dollars, and five per cent, on the residue, which amount said person shall retain in his hands out of the money collected. For any failure of the person so appointed to discharge the duties under this law, he and his sureties shall be liable to all damages sustained, and for all money collected, with twenty per cent, damages on the amount so collected, and which he has failed to pay over. The suit on the bond shall -I PERINTBNDENT <>p PUBLIC INSTRUCTION. 19 be brought in the name of the Commonwealth of Kentucky, and shall be instituted by the Commonwealth's attorney, or county at- torney. The person appointed by the Superintendent of Public In- struction shall have the same power in collecting and settling the estate as an administrator or executor now lias by law; may institute and defend all suits in reference to said estate, and sell and convey the real estate by deed. The amount of money paid into the treas- ury under the provisions of this section shall remain there until disposed of by law, and the treasurer and his sureties shall be liable for the same on his official bond. This section shall apply to all gifts, donations or devises heretofore or hereafter made to the school fund of Kentucky. But the provisions of this section shall not apply to cases where the terms or conditions of the devises, gifts or donations conflict with said provisions; but, in such cases, the terms or conditions of the devise, grant or donation shall be carried out as intended by the person making the same. 36. [Duty to Successor.] Upon retiring from office,, the Superintendent of Public Instruction shall deliver to his successor all books, papers and effects belonging to the office; and, on failure to do so, shall be fined in a sum not less than one hundred nor more than five hundred dollars, to be recovered by indictment in the Franklin Circuit Court. 20 COUNTY SUPERINTENDENT. V. COUNTY SUPERINTENDENT. 37. Moral, professional, and civil quali- fications. 38. Who ineligible. 39. Election; term of office; residence. 40. Official bond amount, and when renewed, 41. Power in regard to laying off, alter- ing, abolishing, consolidating and laying off anew school districts; shall condemn any school-house unfit for occupancy as a common school, and notify the trustees in writing ; shall visit at least once a year each district school, keep due record of his visit, and shall advise with teachers and counsel with Trustees concerning their re- spective duties. 42. Must prepare annually, and forward to Superintendent of Public In- struction a census report, by school districts, of all the pupil-children of his county; shall be individually responsible for any loss to Teacher for any error of his own, in report- ing said census ; report based upon reports of district Trustees ; duty in absence of such reports. 43. Must take steps to supply indigent children with text-books. 44. Must furnish facts additional to those expressly required by law, when the interests of the common schools indicate the necessity there- for. 45. "When shall pay Teachers amounts due them on certificates of Trus- tees that the schools had been duly taught; privilege in cities and towns organized as one district; President or Chairman of Board to report ; accountability of Treasurer and his securities in any action by School Board. 46. Penalty for false reports of number of common schools taught in coun- ty greater than actually taught, or of a larger number of pupil-chil- dren than are actually in the coun- ty, or otherwise knowingly and willfully misstating any fact or facts required by law to report. 47. Annual settlement of accounts with County Judge; a copy to be forwarded to Superintendent of Public Instruction ; penalty for willful failure. 48. Annual report of statistics of schools and of amount raised locally and disbursed for common school pur- poses ; amount received for official compensation and expenses; pen- alty for failure. 49. Shall keep a detailed account of all money received and distributed by him; a record of all official busi- ness, etc., which shall be subject to inspection. 50. Any devise, gift, or donation, in aid of common schools in county, to be held in trust ; settlement to be duly made and copy sent to Superin- tendent of Public Instruction. 51. May administer oath required of a Trustee or of a Teacher of common schools, or of other persons in mat- ters relating thereto. 52. Oath to Trustees elect ; shall make record of trustees qualified, and of district and post-office of each ; deliver blanks and needed infor- mation; force of notice to Trus- tees. 1 53. Duty as to attendance at office to re- ceive reports from Trustees and to transact other official business. 54. Penalty for buying for himself or for another, directly or indirectly^ any Teacher's claim, or for acting as agent for the sale of any text- book. 55. When authorized to suspend or re- move any Teacher or Trustee from office; exception in cities and towns organized as one district; shall supply a vacancy from any cause in either of said offices by ap- pointment as soon as practicable. 56. Shall decide all questions of difference or doubt having reference to in- terests of common schools in his county ; appeals may be had to Board of Education; shall con- form to reasonable rules and re- quirements of Superintendent of Public Instruction. 57. Salary for all services rendered and expenses incurred ; condition ; sal- ary, how paid ; shall state full amount in report to Superintend- ent of Public Instruction; fiscal court shall furnish office. 58. In event of vacancy in office, appoint- ment of successor duly qualified, by County Judge until next an- nual election ; when and for what, County Court competent to remove County Superintendent ; appeals may be taken. 59. Shall deliver money, property,books, effects, and papers, to successor, or to County Court Clerk, for .him penalty for failure. COUNTY SUPERINTENDENT. 21 37. [Qualifications Certificate.] There shall be a county superintendent of common schools in each of the counties of the State, who shall be possessed of moral character and of ability to manage the common school interests of the county effici- ently. He shall possess a good English education, and shall be competent to examine the teachers who shall apply to teach the common schools in the county. He shall be twenty-four years old at the time of qualifying, a citizen of Kentucky, shall have resided two years next preceeding the election in this State, and one yeai in the county for which he is a candidate. No person shall be eli- gible to the office of county superintendent unless he shall hold from the State Board of Examiners a State diploma or a State certificate, which will not expire during his proposed term of office, or a certi- ficate of qualification of the grade of a county certificate of the first class, which may be granted on an examination held before said board, or upon a written examination held by a special county board, composed of the county judge, county clerk and competent person selected by them, upon a series of questions for each ex- amination prepared and forwarded under seal by the State Board of Examiners. The State Board of Examiners shall enclose the questions upon each subject in a separate envelope, with the name of the subject printed or written therein; shall securely seal the envelope containing the said questions and enclose them in a pack- age, which shall be sealed and forwarded by registered mail to the county clerk, and shall be kept under seal by him till the hour of examination; and the seal shall then be inspected by the other examiners and the applicants for certificates, and be duly opened in their presence. In case of sickness or other disability of either the county judge or county clerk, his duties herein prescribed shall devolve upon and be performed by the county attorney. The ex- amination shall be held in every county on the last Friday in July and August next preceding the -election of county superintendents, and the examination may be continued during the following Sat- urday by examiners, if deemed necessary. The examination shall be held in every county on the last Saturday in July next preceding the election of county superintendents, and the written answers of each examination shall immediately be forwarded by the county judge or county clerk, by registered mail, to the State Board of 22 COUNTY SUPERINTENDENT. Examiners, together with a fee of two dollars, which shall be paid to the two examiners, and the sworn statements of the county judge, county clerk, and the persons selected by them, that the examination had been conducted in their presence in strict accordance with the provisions of this section, and that no applicant had, directly or in- directly, received assistance. The State Board of Examiners may, if they deem the answers sufficient, grant a certificate; and if they refuse, it shall notify the county clerk, and no certificate can then be granted said applicant for the election then pending. The said certificate shall not entitle the holder thereof to teach in the com- mon schools. A county superintendent, who has once obtained a certificate of qualification in pursuance of this section, shall not be required to obtain another certificate as a condition of eligibility for re-election, if he has been continuously in office since his election. The members of the special county board shall receive for their services a reasonable compensation, to be allowed by the fiscal court. In counties embracing any city of the first class, maintaining a system of public schools separate and distinct from the common schools of the county, no person shall be eligible to the office of county superintendent other than a resident of such coun- ty, outside of such city or town. Acts of 1894. 38. [Who Ineligible.] No county judge, justice of the peace, circuit clerk, county clerk, county attorney, county surveyor, sheriff, coroner, assessor, trustee of a common school district, or teacher w r hile engaged in teaching, shall hold the office of county superintendent. 39. [Election Term of Office.] The county superin- tendent shall be elected by the qualified voters of each county at the November election in 1893; shall enter upon the discharge of the duties of his office on the second Monday in August, 1894, and continue in office until the first Monday in January, 1898, and until the election and qualification of his successor. And in 1897, and every four years thereafter, there shall be in each county an elec- tion of a county superintendent, who shall hold his office four years from the first Monday in January following his election, or until the election and qualification of his successor. The county superin- tendent shall be elected, and the vote canvassed and the result cer- tified by the same officers, and in the same manner, as in the election COU N T Y > T I ' K 1 1 1 N T K N I ) K X T. 23 of other county officers; and within ten days after the election the clerk of the county court shall forward a copy of the certificate of election to the Superintendent of Public Instruction. All county superintendents in office at the time of the November election, 1893, shall continue in office until the second Monday in August, 1894, or until their successors are elected and qualified. In cases of controverted right to the office of county superintendent, the Super- intendent of Public Instruction shall have power to recognize a superintendent from among the contestants until the case has been settled: Provided, That in counties containing a city of the first class maintaining a system of public schools separate and distinct from the common schools of the county, the county superintendent shall reside in the portion of the county outside of such city, and be elected by the qualified voters of said county residing outside of such city. 40, [Official Bond.] Before entering upon the discharge of his duties, each county superintendent must enter into a cove- nant before the county court of the county, to the Commonwealth of Kentucky, with sufficient security, in not less than the full amount of the school fund that may be due the county from all sources for that entire school year, to be approved by the court, for the faithful discharge of his duties, and the said bond shall be renewed each year. 41. [Power over Districts Unfit School-Houses Official Visits.] The county superintendent shall have power, previous to the first day of April of each year, to lay off, abolish or consolidate districts, and, if necessary, may lay oft anew the districts throughout the county. He shall condemn any schoolhouse which is dilapidated', unhealthy, or otherwise unfit to be occupied for the purpose of a common school, and any fence or other inclosure of a schoolhouse, when such inclosure is for any reason insufficient for the protection of the house or ground. He shall condemn all school furniture or apparatus, insufficient in quantity or not of the required character, and order the same re- placed with the proper furniture or apparatus as prescribed in sec tion 78. He shall, within thirty days after any such condemnation, notify the trustees in writing. He shall, at least OTK-<> a year, make an official visit to each district school of his countv, but shall not 24 COUNTY SUPERINTENDENT. make more than three such official visits in any one day. At the time of such visit he shall note in a book, to be kept for that pur- pose, the number of pupils in attendance; the number absent, and the cause of absence; the names of children unable to purchase books; the condition of the sichoolhouse, furniture, apparatus, grounds and appurtenances; the qualification and efficiency of the teacher; the conduct and standing of the pupils; the method of in- struction; the discipline and government of the school. In the visits to the school he shall advise with the teachers and give them such instruction regarding discipline and teaching as he may deem necessary. He shall counsel the trustees and see that they dis- charge their duties, especially in securing full and regular attend- ance. He shall admonish the teacher found remiss of duty in the matter of cleanliness of house, preservation of furniture and necess- ary ventilation, and complain to the trustees in cases of gross neglect of duty in these respects. He shall examine the teacher's register and grade book, and the trustees' register; if the boundary of the district is not correctly given, he shall write it in said book himself, see that the records are properly kept, and the boundary of the district, the contract with the teacher, the levy of a tax, if any, and the official visits and proceedings of the trustees are properly recorded, and by every means in his power strive to promote and advance the cause of common schools. 42. [Census Report Responsibility for Errors.] It shall be the duty of each county superintendent, on or before the first day of June of each year, to prepare, mail to, and cause to be placed in the hands of the Superintendent of Public Instruction a report, certified by the county judge or clerk that the report is a correct statement, as shown from the census on file in the office of the clerk of the county court, showing the whole number of chil- dren, between the ages of six and twenty years residing in his county, and the whole number residing in each district, including each city and each independent district, described by its number; and he shall be individually responsible to the teacher or the dis- trict for any loss sustained by said teacher or district by reason of any error made by the said superintendent in reporting the census thereof. He shall superintend the census taken during tlie month of April by the trustees, and not later than the twentieth of March COUNTY SUPERINTENDENT. 25 of each year, shall notify the chairman of the board of trustees that the boundaries of the district are as recorded for the past year in the trustees' register; or, if any changes have been made, shall give to the chairman exact notice of such changes, and, in due time, see that the said changes are included in the description of the bound- ary entered in the trustees' register. At the time of such notice, he shall give the said chairman printed or written instructions for taking the census; caution him, against reporting persons not legally belonging thereto, and calling his attention to section 85. He shall base his report upon the census taken during the month of April, and reports thereof made to him by the district trustees. If such reports are not in from any district by the tenth of May, * the county superintendent shall take, or have the census of such district taken, the cost of which shall be paid out of the county levy, and the fiscal court may recover from the delinquent trus- tees the amount so paid. 43, [Text Books for Indigent Children.] It shall be the duty of each county superintendent, before the opening of the schools each year, and from time to time, by personal observa- tion or from trustees and teachers and otherwise, to ascertain the number and cost of text-books upon each of the common school branches needed by the indigent children of each district and of the county for use in the common schools, and shall report to the county judge the number and kind of books needed, when the county judge shall purchase the books and pay for them by an allowance made by the fiscal court of the county; the county judge shall turn them over to the county superintendent for distribution, taking receipt for the number and value of the books, but the cost of said books shall not exceed in the aggregate one hundred dollars in any coun- ty per annum. It is hereby made the special duty of the county and city school superintendent of common schools to report to the Bounty judge the names of all such indigent children furnished them by trustees, and to see that the provisions of this section are faith- fully executed. 44. [Additional Facts to be Reported.] County superintendents and trustees of common schools shall report facts additional to those now required to be reported, whenever, in the judgment of the board or of the Superintendent of Public Instruo- 26 COUNTY SUPERINTENDENT. tion, the interests of the common schools of the State shall indicate the necessity therefor. 45. [Payment of Teachers.] Each county superintend- ent of common schools shall, on the second Saturday in October, reckoning school months of twenty days, pay the amount due each teacher of a common school for the month or months completed, but not for any fraction of a month, except as provided in section 135, on the certificate of the board of trustees for the district that the school has been legally taught for that period; and thereafter the county superintendent shall, on the second Saturday of each calendar month, pay the salary due each teacher of a common school, for the previous school month or months not previously paid for, on the certificate of the chairman of the board of trustees for the district that the school has been legally taught for the period specified: Provided, That all of said payments shall be made to the teacher personally or on written order, and at the last pay- ment shall be for the entire balance due the teacher, including the undistributed surplus and interest on the county bond; and that any teacher who may violate his contract with the trustees by re- fusing to continue his school, shall forfeit any fractional salary that may be due him. In cities and towns organized as single districts, and reporting direct to the Superintendent of Public Instruction, the provisions of this section shall equally apply, or such city or town may receive in January the whole amount due it if it shall so desire. In either case the president or chairman of the school board of such cities or towns shall make the report required of them by this law, under oath, direct to the Superintendent of Pub- lic Instruction, and he shall draw his warrant on the Auditor of Public Accounts in favor of the treasurer of such school board, which, when approved and countersigned by the Superintendent of Public Instruction, shall entitle such treasurer to a warrant on the treasury of the State for the amount thereof; and the said treasurer and securities shall be accountable for the same upon his official bond in any action by such school board, of which the Superintend- ent of Public Instruction shall be officially notified. 46. [Penalty for Fraudulent Report of Com- mon Schools.] Any county superintendent who shall knowing- ly and willfully report to the Superintendent of Public Instruction COUNTY SUPERINTENDENT- 27 a number of common schools as having been taught in his county greater than the number of such schools actually taught therein according to law, or a number of children entitled to tuition in his county greater than the actual number of such children, or other- wise knowingly and willfully mistates any fact or facts which he is, or may be hereafter, required by law to report to the Superintendent of Public Instruction, shall be deemed guilty of a felony, and, upon conviction thereof, be fined in a sum not less than two hundred nor more than five hundred dollars, or imprisoned in the penitentiary not less than one nor more than ten years, Or both fined and im- prisoned, in the discretion of the jury, and be removed from office. And all sums recovered from him by due process of law, or by vol- untary surrender of the excess taken by him, shall be paid into the school fund. Acts of 1894. 47. [Annual Settlement.] Each county superintendent shall, on or before the first day of August, annually, settle his accounts for the previous school year with the county judge of his county, and forward a copy of said settlement, certified by the clerk of said court to be correct, to the Superintendent of Public Instruction. Said settlement shall embrace all sums received since the date of his last settlement by said county superintendent for the benefit of common schools taught during the school year; a full statement of all such sums paid out by him, for what, to whom, and when paid; and should any part of said fund received by him, as aforesaid, remain uncalled for, and not be paid out, he shall immediately refund said amount to the State treasurer, stat- ing why it was not, for and to what district it belongs, and at the same time notify the Superintendent of Public Instruction that he has refunded the said amount, that he may give said county super- intendent proper credit on his books for said amount refunded. The receipt of the auditor for money refunded shall be a sufficient voucher with the county judge in said settlement. Should the copy of such settlement fail to reach the Superintendent of Public Instruction by the tenth day of that month, it shall be his duty to notify the county judge and the delinquent county superintendent of the fact; and upon receiving such notification, it shall be the duty of the judge, in case the settlement shall not have been made, immediately to compel a settlement by attachment, as in cases of 28 COUNTY SUPERINTENDENT. contempt, and a copy thereof to be forwarded to the Superintend- ent of Public Instruction. For his willful failure to pay out to those entitled thereto any money in his hands for the space of thirty days after the same shall be received by him, or for his willful failure to make the aforesaid settlement by the time required by law, the county superintendent shall be guilty of misdemeanor, and, being indicted and convicted thereof, he shall be fined in a sum not less* than one hundred nor more than five hundred dollars, as well as remain liable on his official bond, and be removed from office. 48. [Annual Report Penalty for Failure.]- He shall, previously to the first of September, prepare and mail, and cause to be placed in the hands of the Superintendent of Public Instruction, his official report, showing, in tables of details and aggregates, the school districts of his county by number; the names and address of trustees of each district, with date at which each one's term expires; the districts in which schools were taught, and the length of time taught ; the highest, lowest and average number of children at school ; the cost of tuition of each child for the session and per month; the number of private schools, academies and col- leges taught in the county, and length of session of the same; the number of teachers employed male, female and total for the common schools; the average wages of male teachers, female teachers, and of total teachers per month; the name and address of teachers resident in his county, with grades of certificate of each ; the amount of money raised for common school purposes in the county, by local tax or otherwise, and for what the same was dis- bursed; the number and kind of schoolhouses, and the value of each; the number of schoolhouses built, and the value of each; the number of district libraries; also county library, if any, and number of vol- umes in each, and the increase during the year; the amount he has received for official compensation and expenses. For willful failure to be present at his office at the time appointed to receive reports, or for failing to make the reports herein required, he shall be fined a sum not exceeding fifty dollars. 49. [Official Record.] Each county superintendent shall keep a detailed account of all money received and distributed by him; a record of all business transacted by him as county superin- tendent, together with the reports of the trustees; the names, num- COUNTY SUPEKINTENDENT. 29 bers and description of school districts, and all other papers and documents connected with his office, at all times subject to inspec- tion and examination by any school officer or other person interested in any question pertaining to the common schools. 50. [Devise, Gift or Donation.] Any devise, gift or donation of any real or personal estate in aid of the common schools of any county of this State shall be held in trust by the county superintendent, and he shall be required to make settlement in re- gard thereto, in the same manner in which, and at the time when, he makes settlement in regard to the moneys received from the revenue of the school fund; and he shall send a copy of such settlement to the Superintendent of Public Instruction. 51. [May Administer Oath.] A county superintendent may administer the oath required of a trustee or of a teacher of common schools, or other persons required to make oath in mat- ters relating thereto. 52. [Oath to Trustees Record of Blanks-Offi- cial Notices.] He shall administer the oath of office to-trus tees-elect applying to him for that purpose; but it shall be lawful for any justice of the peace, or other person authorized to administer oaths, to administer the oath of office to any trustee; but said oath shall not be valid unless reported in writing to the county superin- tendent by said justice or other person, within ten days from the time when administered. He shall make a record of the names of trustees then qualified, showing the districts in which they were elected, and the post-office of each. He shall, at the time, deliver to the trustees of each district such blanks as they will need for the coming school-year, and give such information with regard to their duties as may be requested. He shall address all official cor- respondence to the trustees. Notice to them shall be regarded as notice to the people of the district, and it shall be the duty of the trustees to notify the people. 53. [Attendance at Office.] It shall be the duty of the county superintendent to be in attendance at his office, at the coun- ty seat, on the second Saturday of each month, and at such other times as may be necessary to transact his official business. 30 COUNTY SUPERINTENDENT. 54. [Penalty For Buying Teacher's Claim or Acting as Text- Book Agent.] No county superintendent shall be allowed to buy, for himself or another, any teacher's claim, directly or indirectly, or to act as agent for the sale of any text- book. Any superintendent guilty of violating this section shall be fined not less than one hundred nor more than one thousand dollars for each offense. 55, [May Suspend or Remove Teacher or Trus- tee Condition.] For incompetency, neglect of duty, immoral conduct, or other disqualification, the county superintendent may suspend or remove from office any trustee or teacher of any school under his supervision. But before a county superintendent shall suspend any trustee or teacher, he shall give said trustee or teacher at least five days' notice of the charges made against him, and give the trustee or teacher an opportunity to produce evidence and defend any action against him'. 56. [Official Decisions Appeals Relations to Superintendent of Public Instruction.] The county superintendent shall decide all questions of difference or doubt touching the administrative duties of the officers and teachers of common schools in his county; but appeals from his acts and deci- sions may be had, on petition of any interested person, to the Super- intendent of Public Instruction. The county superintendents shall conform to such reasonable rules and requirements as the Super- intendent of Public Instruction shall, from time to time prescribe and announce to them. 57. [Compensation For Services.] For all the ser- vices rendered and the expenses incurred by the county superintend- ent under the provisions of this law, he shall be allowed a salary annually by the fiscal court of his county, based on the number of children reported in the census report of the district trustees of such county; which salary shall not be less than eight cents nor more than twenty cents for each pupil child thus reported. Before the court shall allow the salary, it shall be satisfied, from the state- ment subscribed and sworn to by the superintendent, and from such other evidence as may be adduced, that he has visited the schools of the county, and that the said services have been faithfully and efficiently performed according to law. Said salary shall be paid COTNTV SUPERINTENDENT. 31 out of the county levy as the salary of the county judge is now paid; and, in his report to the Superintendent of Public Instruction, he shall state the full amount allowed him by the fiscal court for his official services: Provided, however, That no salary shall be less than |250 nor greater than $1,500. In fixing the salary of the said superintendent, no child shall be counted or enumerated who is under a city school superintendent of a city of the first, second, third or fourth class. The fiscal court shall furnish the county superintendent with a suitable office, free of charge, large enough to accommodate the county teachers' library. Acts of 1894. 5. [How Vacancy in Office is to be Supplied Removal From Appeals.] In case of the death, removal or resignation, refusal to serve, or inability of the county superin- tendent elected to give the bond required or to perform the duties of the office, a successor shall be appointed or elected as follows: If the unexpired term will end at the next succeeding annual election, or, if the unexpired term will not end at the next succeeding annual election, and three months intervene before said annual election, the county judge of each county is authorized to appoint a successor, duly qualified according to section 37 of this law, to continue in office until the next succeeding annual election, when one shall be elected for the unexpired term. If the unexpired term does not end at the next succeeding annual election, and three months does not in- tervene between the happening of said vacancy and the next succeed- ing annual election, the county judge shall appoint a successor of said qualifications to continue in office until the second succeeding annual election when one shall be elected for the unexpired term. In case of a vacancy in this office the county judge shall, as soon as practicable, notify the Superintendent of Public Instruction, and request him to appoint a day and furnish questions for an examina- tion to fill said vacancy; and the said examination shall be con- ducted in a manner prescribed by law. The county court may, at any regular term, after ten days' notice, remove a county superin- tendent for inability, or habitual neglect of duty, or malfeasance in office. An appeal to the circuit court may be taken from the order of the county court removing the superintendent, and from the circuit court to the Court of Appeals, as in civil actions. Acts of 1894. 32 COUNTY BOARD OF EXAMINERS. 59. [Duty to Successor.] Each county superintendent,, when he resigns, vacates, is removed or goes out of office, shall im- mediately thereafter deliver to his successor or to the county court clerk for him, any money, property, books, effects or papers remain- ing in his hands as county superintendent, and within ten days shall settle with the county court, and for a failure to do so shall be fined not less than fifty dollars uor more than one hundred dollars. Acts of 1894. VI. COUNTY BOARD OF EXAMINERS. 60. Members character and qualifica- tions; the appointees must file oath in the office of County Clerk. 61. Must adopt a list of text-books on the subjects taught in the common schools, which books shall be uni- formly used in the county for which adopted ; character of books ; can not adopt books of a publisher who has not filed bond at State office ; penalty for giving or re- ceiving bribe. 62. Publishers must file bond and sample of books in office of Superintendent of Public Instruction, with prices ; conditions of bond; penalty for failure or refusal to execute them. j 63. County certificates not to be granted to immoral persons or to any one under eighteen years of age ; times prescribed for examinations; duty of the State Board of Examiners as to questions; manner of examina- tions ; no certificate is to be granted applicant who indulges in drunk- enness, profanity, or licentiousness, nor to one who gives or receiver assistance. 64. No immoral person and no one un- der eighteen years of age to have a certificate penalty; obtaining or attempting to obtain unlawfully, the State Board Question, or sell- ing, bartering or giving them away, made a misdemeanor, punishable by fine, not to exceed one hundred dollars. 60. [Qualifications of Members.] The county super- intendent shall appoint two strictly moral and well educated per- sons, holding county certificates of the first class, State certificates r State diplomas, or diplomas from some literary institution of high learning, who, together with himself, shall constitute a board of examiners for the county. Before they shall be authorized to act in any capacity as such board, or grant any certificate, said exam- iners shall take and subscribe to an oath that they will faithfully discharge their duties as required by the common school law, and the said affidavit shall be filed in the office of the clerk of the coun- ty court. 61. [Must Adopt Text-Books.] The county board of examiners in each county shall meet after the expiration of the period for which text-books have heretofore been adopted, and in counties where there have been no adoption of text-books within six months after this act takes effect, and shall adopt a list of text- COUNTY liOAKI) OF KX A M I N KUS. 33 books on the subjects taught in the common schools, and said text- books adopted by said board shall be uniformly used in the county for which they were adopted, and shall not be changed oftener than every five years, but said board shall not adopt any text books of an immoral, sectional, or sectarian character for use in the com- mon schools nor the text-books of any publisher or persons selling such text-books, unless said publisher or person has first filed in the office of the Superintendent of Public Instruction the bond as pro- vided for in section sixty-two. Any county board of examiners of a county in which, at the time, a leg;al adoption of text-books has not been made who shall fail or refuse within six months after the time when, by this section, they should have done so, to adopt a series of text-books on the subjects embraced in the common school course, shall each be subject to a fine of not less than one hundred nor more than two hundred dollars. It shall be the duty of the .county superintendent to make and keep a record of the adoption of text-books, and to see that the adopted list of text-books is es- tablished and maintained in all the public schools in the county, and it shall be the further duty of the county superintendent to file and keep in his office the copy of the bond of any publisher or person selling text-books before the ex officio members of the State Board of Education, and forwarded to him by the Superintendent of Public Instruction; and when any of the books named in said bond shall be adopted for use in his county, and there is a breach of, or a failure to comply with, any of the provisions of the bond in his county, by the parties executing the same, he shall bring suit in the circuit court of his county for a forfeiture of said bond, and any money recovered thereon, after paying the cost of proceedings, shall be covered into the school fund of the county. Any member of the county board of examiners, who shall accept any money or other thing of value for his vote or influence in selecting text-books, shall, upon conviction, be fined five hundred dollars, and be re- moved from office; and any person or company who shall give, or offer to give, such reward, shall, upon conviction, be fined five hun- dred dollars. 62. [Bond Required of Publishers Other Condi- tions as to Adoption.] Whenever any publisher or person, selling text-books, who desires to have his text-book adopted in the common schools in any county in this State, shall file in the 3 34 COUNTY BOAKD OF* EXAMINERS. office of the Superintendent of Public Instruction a sample copy of each of the text-books intended for adoption, together with the low- est retail list price at which the same shall be sold to the patrons and pupils of any county in which the same may be adopted, and shall execute bond before the ex officio members of the State Board of Education in the sum of ten thousand ($10,000) dollars, with good security resident in this State, it slid 11 be the duty of said ex officio members of the said Board of Education to accept and file said bond in the office of the Superintendent of Public Instruction: Provided, Jiowever, That it shall be distinctly set forth in said bond that the text-books of said publisher or person selling the same shall be sold to the patrons and pupils of the common schools of any county in which the same may be adopted at a special retail list price, which shall not exceed the lowest wholesale or the lowest retail list price then or that may thereafter be fixed by said publisher or person selling the same for the sale of such text-books in any State or section of the country, and that said special retail list price shall not, at any time, exceed the price fixed and filed in the office of the Superintendent of Public Instruction, which shall be set forth in said bond; and the said publisher or person selling such text-book shall further agree and contract to make such arrangement with local dealers or agents to sell such text-books in sufficient quan- tities to supply the patrons and pupils of the common schools of any county in which the same may be adopted at the special retail list price herein provided for : And provided further, That the said text-books shall be sent direct with postage or expressage, as the case may be, prepaid to any patron or pupil of the common schools of any county in which the same may be adopted for use, upon re- ceipt in cash of the said special retail list price of such text-books, and that such patrons and pupils shall have the option of the bene fit of any revision or new edition of any of said text-books ; and that said text-books shall be equal in paper, binding, typography and in every other respect to the sample copies on file in the office of the Superintendent of Public Instruction. Within ten days after the acceptance and filing in his office the bond herein provided for, the Superintendent of Public Instruction shall forward a certified copy thereof to each county superintendent in the State. Within six months after this act takes effect all publishers or persons selling text-books whose text-books have heretofore been adopted for use COUNTY BOARD OF EXAMINERS. 35 in the common schools of any county in the State shall file a sample copy of each text-book so adopted, together with the lowest whole- sale and the lowest retail list price fixed by said publisher or per- son for the sale of such text-book in any State or section of the country, and the lowest special retail list price at which the same shall be sold to the patrons and pupils of the common schools of any county in this State in which the same are or may hereafter be adopted, and shall execute before the ex officio members of the State Board of Education the bond herein required, and shall after said six months after this act takes effect sell said books at said price to pupils and patrons, and in every other respect shall comply with the provisions of this act. Upon the failure or refusal of any such publisher or person to comply with the provisions of this act within the time herein specified, the text-books of such publisher or person selling the same shall be removed from the common schools of any and every county by the county board thereof in which the same have been adopted, and in such case new text-books shall be adopted as herein provided from the list of text-books of publishers or per- sons selling them who have filed with the Superintendent of Public Instruction the bond herein required. 63. [Duties of State and County Boards as to Questions, Examinations, Certificates.] County cer- tificates shall be granted by the county board of examiners to per- sons not under eighteen years of age, upon written examinations upon the science and art of teaching, and upon the subjects em- braced in the common school course, including, in connection with physiology and hygiene, the effects of alcoholic drinks and narcotics upon the human system, held in each county of the State, for white teachers, upon the third Friday and Saturday in May, June, July and August, of each year, and for colored teachers upon the fourth Friday and Saturday of the same months, and no examinations shall be held at any other time whatever. No certificate shall be issued upon the days of examination, nor shall any answers be passed upon in the presence of any applicant. The State Board of Examiners shall carefully prepare four series of questions for white teachers, and an equal number for colored teachers, all of the same grade; shall enclose in a separate envelope such number of questions of each given series as the county superintendent shall make requisi- tion for at least twenty days before the examination, with the name 36 COUNTY BOARD OF EXAMINERS. of the subject plainly written or printed across the seal thereof; shall enclose the several envelopes in a package, which they shall seal and forward by registered mail or by express to each county superintendent at least two weeks before the examination, desig- nating the month for which the same shall be used. The county superintendent shall carefully preserve the said package of ques- tions under seal until the hour of examination; and the seal of the said package shall then be examined by the other examiners and the applicants for certificates, and the package shall be opened in their presence. Immediately after examining the package of ques- tions each of the county examiners shall, under his oath as exam- iner, upon blanks furnished for that purpose by the Superintendent of Public Instruction, give a separate certificate, with signature at- tested by two reliable witnesses, that he had personally inspected the said package, and whether he had found the same intact, as pro- vided herein, and forward the certificate to the Superintendent of Public Instruction on the same day. The examiners shall allot a reasonable time for the examination upon each subject, taking the subjects in the order named in the section specifying the subjects embraced in the common school course, and shall collect the answers of all the applicants when the time allotted has expired ; and, after the first subject is presented to the applicants, the said examiners shall not present any other subject, or open the envelope thereof, until they collect the answers of all applicants to all questions pre- viously presented. The said examiners shall not examine any ap- plicant until they are fully satisfied that said applicant possesses an unexceptionable moral character, and is of the age herein pre- scribed; and, in no event, shall a certificate be granted to any per- son who indulges in drunkenness, profanity, gambling or licentious- ness, or who, within the belief of the examiners, has had improper access to the examination questions. They shall, during the ex- amination, exclude from the room all persons other than applicants, see that the applicants are seated at a proper distance from each other, and shall see that no assistance is given or obtained by any applicant during the examination, and shall refuse to grant a cer- tificate to any applicant who may either obtain or give such assist- ance. The county superintendent, and at least one of the exam- iners, shall be present, and shall conduct all examinations and sign all certificates. The county superintendent and other examiners DISTRICTS. 37 shall have full power, and it shall be their duty to make investiga- tion as to the moral character of applicants; and the county super- intendent shall also have full power to administer an oath as to improper use of questions, and as to other matters touching the qualifications of teachers under this act. [Approved March 17, 1896.] 64. [When Unlawful to Grant Certificate- Fraudulent Use of Questions Penalties.] Any county superintendent or county examiner who shall knowingly grant to any immoral person, or to any person under the prescribed age, a certificate to teach in the common schools; or any person who shall unlawfully obtain, or attempt to obtain, or shall sell, barter or give away, or attempt to sell, barter or give away, to an applicant or applicants for a certificate or certificates, or to any other person, any question or questions prepared or sent out by the State Board of Examiners for the examination of a person or per- sons applying for a certificate or certificates, or in any way dispose of such question or questions contrary to law, or any regulations prescribed by the State Board of Examiners, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty and not more than one hundred dollars for each offense. The county board of examiners shall charge each applicant a fee of one dollar for each examination made, the proceeds of which shall be divided between the two members of the board appointed by and acting with the county superintendents in proportion to the services rendered by them. VII. DISTRICTS. 65. Districts shall be retained until al- tered or abolished according to law; 'when change in boundary may be effected.! 66. Maximum and minimum of school population in districts ; legal area of districts ; each school-House ti> be centrally located. 67. Number and boundary df each dis- trict shall be duly recorded. 68. When county superintendents may lay oft a district composed of parts of two counties ; how district to b- reported and drawn for. 69. Privileges of pupil children in ad- joining districts ; tuition fees to be paid to teacher where taught. 70. Provisions as to a city, town or vil- lage, establishing and maintaining a > ystem of common schools. 71. This act not to affect any local or special law establishing any city or town in one district, or charter and am?.ndments of any city or town so far as relate " to their public schools, or to affect any local or special laws now in force relat- ing to any institution of learning. 65. [Change of Boundary On what Conditions.] The school districts of the several counties, as at present de- 38 DISTKICTS. scribed and numbered, shall be retained until altered or abol- ished pursuant to this chapter; but no two districts in the same county shall be known by the same name or number. No change in the boundary of any district shall be made to take effect during the current or the following school year, unless made previous to taking the census for such school year. Nor shall the boundary of any district be changed unless ten days' notice in writing shall be first given to the trustees of other districts to be affected thereby. 66. [School Population Area Location of Schoolhouse.] In order that all districts may, as soon as practicable, be made to contain not less than forty-five pupil chil- dren, each county superintendent shall, from year to year, as far as practicable, and in accordance with the best educational re- sults, equalize in school population the districts of his county. No district hereafter established shall include less than forty-five pupil children, except in cases of extreme emergency. (No) dis- trict shall include more than one hundred pupil children unless it contains a city, town or village within its limits, or there be es- tablished therein a high school, academy or college entitled to a share of the revenue of the common school fund, by virtue of a special charter, or of a contract between the trustees of the com- mon school district, and the trustees or other legal authorities of such institution. In all such cases the teacher or teachers of such high school, academy or college having charge of the common school pupils shall hold certificates, and be subject to all the provi- sions of the common school laws. Such contract shall express- ly provide that all children of pupil age residing within the dis- trict shall have the privilege of attending the said high school, academy or college for at least five months during the school year without payment of the tuition fees; but nothing in this chapter shall be construed to authorize any white person to attend a com- mon school or other institution of learning established for colored children, or any colored person to attend a common school or other institution of learning established for white children. In all cases where the number of children shall exceed one hundred, or fall below forty-five, the county superintendent shall report the reason thereof to the Superintendent of Public Instruction. The area of DISTRICTS. 3 no school district shall be more than sixteen square miles, unless it is necessary to enlarge the same so as to include the minimum number of children. Each schoolhouse hereafter erected shall be located as near the center of the district as practicable. 67. [Record of Each District.] The county superin- tendent shall, in a book to be kept in his office for that purpose, and subject to public inspection, describe each district in his county by its number and boundary, and shall furnish to the trustees of each district a description of the boundary thereof. 68. [When Districts Composed of Parts of Ad- joining* Counties.] The county superintendents of two ad- joining counties, where the division line intersects a neighborhood whose convenience requires it, may lay off a district composed of parts of both counties. Such district shall be reported, together with its census of pupil children, only as belonging to the county in which the schoolhouse of the same may be situated, by the county superintendent of said county; and he shall make report and draw for the whole district as though it lay entirely within his county. But any county superintendent may reclaim the fractional part of his county lying in the district or districts of another county, after thirty days' written notice to the county superintendent of the said county, provided a schoolhouse has not been built in such district or districts, and the reclaiming of such fractional district or dis- tricts would not necessitate the abandonment of such districts. 69. [Privileges of Adjoining Districts ] When two school districts adjoin, it shall be lawful for the children of either of such adjoining districts to be taught in and at such schoolhouses as may be most convenient to them; but in such case their per capita or tuition fees, shall be paid over to the district in which they are taught, if required by the trustees thereof: Provided, The transfer does not shorten the term of the school of the district from which the transfer has been made, and does not interfere with the contract between the teacher and the trustees of either district; and that no such change shall be made without the assent of the trustees of both said districts in writing, and of the parents of the children transferred. In case of an agreement of the kind provided for in this section, the trustees of the district in which the children were reported shall, before the close of the first month of the school 40 DISTRICTS. term, notify the county superintendent in writing, or the said trans- fer shall be void: Provided, further, That when the district to which transfer is made is in a different county, the county superintendent of the county from which the transfer is made shall pay to the county superintendent of the county in which the children are taught the money due for teaching them, taking his receipt in du- plicate. [Acts of 1894.] 70. [Privileges of a City, Town or Village. ]- When a city, town or village establishes and maintains a system of common schools adequate to the teaching of all the children therein, and which all applying for instruction are permitted to attend free of charge, the same shall be deemed one district, and entitled to its proportion of the school fund. At the termination of each school year the trustees, or other officers deputed for that purpose, of each school district, and of each separate school of such city, town or village, shall report to the county superintendent the facts required of dis- trict trustees in section eighty-six of this chapter. They shall take the census of such city, town, or village by wards or school districts, and make a return to the county superintendent, to be filed in his office, at the same time and in the same manner as that required of district trustees. They shall file a duplicate of said census with the county clerk, to be retained by him in his office. For. any fail- ure, neglect, or violation of their duties as set forth in this section the trustees or other officers of such city, town or district shall be subject to the same penalties as imposed on district trustees. 71. [Local or Special Laws not Affected by this Act,except as in S 118,119 and 66.] This law is not to affect, modify or repeal any local or special law heretofore passed, which establishes any city or town in one district, except as pro- vided in sections 118 and 119; but the same shall be governed in all respects by the local laws and authorities, and it shall in no wise affect the charter and amendments thereto of any city or town in the Commonwealth, so far as said charter and amendments relate to the public schools of said cities and towns; nor shall this law affect, modify or repeal any local or special laws now in force for the bene- fit of any school, high school, seminary, college, or other institution of learning in this State, except as to teachers, as provided in sec- tion 66 of this chapter. IMSTUKT TIU'STKKS. 41 VIII. DISTRICT TKISTEES. 72. Authority, number, qualifications, election and term of trustees: place, time, and notice of election: qualified voters; judge of election : decision in case of a tie; quorum of board; chairman and bis duties : penalty in case of neglect or non- performance of duties 73. Penalty for fraud on the part of the judge of the election, or of any person in regard to the records of the election of a trustee. 74. Vacancy in office of trustee to be sup- plied by county superintendent ; trustee appointed, to hold office until successor elected and qualified. 75. Trustees, body- politic and corporate, name; may take, hold and dispose of property, etc., for their common school. 76. Shall keep a record-book, open at all times to public inspection; facts for careful record. 77. Provisions for procuring site and erecting a school-house with proper out-buildings and inclosures, mak- ing repairs and providing furniture and apparatus ; recovery for dam- ages done property; right and re- sult of petition and of appeal to county superintendent; title to lot shall vest in trustees and their suc- cessors; location of school house; provisions for roads or passways to school house. 78. When school house condemned and needs repairing, or when necessary to purchase a site and build a new one, shall order taxes to be as- sessed ; character and application of taxes; substitute for capitation tax ; character and lowest value of school house plans and specifica- tions for; tax how collected and paid out ; penalty against trustees for failure. 79. Levying and collecting district taxes; appointment of treasurer; collection of delinquent list; col- lection of railroad tax. 80. Poll or capitation tax for fuel and other incidental expenses of school, and how may be collected ; how said tax may be discharged. 81. Shall employ a qualified teacher, agree with him as to compensation, and for good cause may remove him subject to approval of county superintendent; contract not valid unless duly signed; condition on which any school must be taught in district school house. 82. Duty ot trustees for two weeks In-- fore school to parents of pupil-chil- dren ; duty concerning text-books; duty during progress of school con- cerning non-attendance of pupils. s:;. Duty of Board of Trustees to meet at school house on day of opening school and thereat, at least once a month during session of school ; what shall be considered at each meeting; on complaint of teacher in writing, trustees shall have power, after investigation, to sus- pend or expel a pupil from school. 84. School to be guarded against any infectious or contagious disease. 85. Duty, annually, to take an exact census of all pupil-children then residing in the district; list must be reported to county superintend- ent and county clerk; penalty for fraudulently listing names; pen- alty for not making report in due time and manner; no pupil-chil- dren reported in any other district to be listed, but any pupil-child not reported in the district in which he resides, may attend the common school without payment. 86. At the termination of the school- year shall report required school statistics to county superintendent, and any other information required touching the school. 87. The reports required of the chair- man must be signed by him ; pen- alty for failure to make. any report within thirty days after the same is required by law. 88. No trustee allowed to buy any teacher's claim, directly or indi- rectly, under penalty of removal from office; any trustee who should accept or agree to accept any com- pensation, directly or indirectly, for employing or hiring a teacher ' shall, upon indictment and convic- tion thereof, be fined. 89. For any neglect of duty or misfeas- ance in office, the trustee shall, in addition to being fined, be removed from office by the county superin- tendent. 90. Chairman of the board in considera- tion of his services, shall be exempt from certain other specified duties. 91. Any person, elected or appointed trustee, who shall willfully fail or neglect, after having accepted said office, to perform the duties impos- ed upon him herein shall be fined therefor. 29. Money, property, books or papers in custody of a trustee, must be de- livered to successor; penalty for failure. 42 DISTRICT TRUSTEES. 72. [District Trustees Authority , Number, Qualifications, Election Chairman of Board.] Each school district shall be under the control of three trustees r who shall be of good moral character, at least twenty-one years of age, and for white schools, able to read and write, and for colored schools, able to read and write, if practicable, one of whom shall be elected each year, for the term of three years, to fill the place of the trustee going out of office. No person holding the office of trustee of any private school shall be eligible to hold the office of trustee of any common school. The vote in electing a trustee shall be taken viva voce, and the election shall be held at the schoolhouse, and if no schoolhouse be in the district, at such convenient place as the trustees may select, from one o'clock till six o'clock in the after- noon on the first Saturday of June in each year, notice thereof hav- ing been posted by the trustees at three of the most public places in the district for ten days immediately preceding the day of election. At this election the qualified voters of the district shall be the electors; and any widow having a child between six and twenty-years of age, and any widow or spinster having a ward between the ages of six and twenty years may also vote. The officers of the election shall be a judge and a clerk, who shall be residents of the district, and be chosen by the voters at the opening of the polls. The judge of election shall give the casting vote in case of a tie, provided he has not heretofore voted, and give a cer- tificate of election to the person elected, signed by himself, and report the trustees thus elected, in writing, to the county superin- tendent of the county within five days after the day of election. In case of a tie, in which the judge has voted, then he shall certify the fact to the county superintendent, and the county superinten- dent shall appoint the trustee, and give him a certificate, and the trustee so selected shall act until his successor is duly qualified. The trustee so elected shall hold office for three years, from the first day of July succeeding his election, and until his successor is duly elected or appointed and qualified. Any two of the trustees may constitute a quorum to transact the business pertaining to their office, at a meeting of which all shall have had reasonable notice. The trustee having the shortest time to serve shall be chairman of the board of trustees, whose duty it shall be to preside at all its meetings, and to make the reports, and to perform all other such DISTRICT TRUSTEES. 43 acts and duties as required by law of trustees; and in case of neglect or non-performance of duty, the one so remiss of duty shall be sub- ject to like fines and penalties as imposed by law on trustees for in 'gleet of duty or other violations of law. This law shall in no wise impair the tenure of office of trustees who have been duly elected or appointed under the present school law. 73. [Penalty for Fraud at Election.] Any person who may be chosen to preside over the election of a school trustee in any school district in this Commonwealth who shall knowing- ly, and with intent to commit a fraud, receive and count any illegal vote or issue a certificate of election to any person not entitled thereto, or shall refuse to issue such certificate to any one duly *. elected, or who shall fail for five days after the election to report the name of the person elected, or who shall, with fraudulent intent, deface, mutilate or destroy the records of any such elec- tion, shall be fined not less than fifty nor more than two hundred dollars for every such offense, and it shall be the duty of the county superintendent- to report such offenses to the grand jury. 74. [Vacancy How Supplied.] If, from a failure to qualify according to law, or from any other cause, there be a va- cancy in the office of trustee, the county superintendent of the county shall, within ten days, or as soon thereafter as practicable, supply the same by his appointment, in writing, and the trustee so appointed shall hold his office until the end of that term, and until his successor is elected or appointed and qualified. In case of controverted right to the office of trustee, the county superintend- ent is empowered to recognize a trustee among the contestants until the dispute has been settled. If a trustee-elect shall fail to qualify before the county superintendent on or before the fourth Sat- urday in June following his election, or file with him a certificate that he has qualified before another officer, it shall be within the discretion of the county superintendent to declare his place vacant, and to fill same by appointment. 75. [Body-Politic and Corporate Name and Powers] They and their successors shall be a body-politic and corporate with perpetual succession, by the name of the trustees for their school district; and as such may sue and be sued, take, hold and dispose of real and personal estate for the maintenance, use 44 DISTRICT TRUSTEES. and benefit of the common school of their district, and receive and enforce payments of subscriptions for the like purpose. Their private seals or scrolls shall stand in lieu of a corporate seal. In the acquisition of land as a site for a schoolhouse, the title there- of shall be made in fee-simple to the trustees, and the titles to lands now used as sites for schoolhouses shall, at the earliest possible time, be perfected by the trustees and the county superintendent. Any revisionary (reversionary) interest in any land now used as a site for a schoolhouse shall not deprive the districts of the school- house or other improvements thereon. 76. [Record Books Open to Public Inspection- Facts for Careful Record.] The Superintendent of Pub- lic Instruction shall, from time to time, as needed, through the county superintendents, furnish the chairman of each board of trus- tees with a trustee's record-book, which shall be the property of the State, shall be well preserved, shall be open at all times to public inspection, especially by the trustees and county superintendent, and at the expiration of the chairman's term shall be turned over to his successor. The chairman of each board of trustees shall receipt to the county superintendent for the record-book, which receipt shall be filed with the Superin- tendent of Public Instruction. In the said book the chairman of the board of trustees shall, with pen and ink, keep a careful record of the following facts: The name, number and boundary of the district; names of the trustees, and when each elected or appointed and qualified; the time for which each shall serve; each annual census as reported to the county superintendent; and changes of boundary of the district; the dates and number of visits of the trus- tees to the school; a copy of the contract with the teacher, and the grade of his certificate; each district election, with the time and purpose and names of its officers; each meeting of the trustees, with the purpose thereof, and the business transacted; the beginning and close of the school term, with the holidays and vacations there- in; the money received, with the sources thereof, and for what the same has been disbursed; each levy of a tax, if any, and such other facts as the county superintendent or Superintendent of Public Instruction may require. DISTRICT TRUSTEES. 45 77. [Securing Site, Erecting and Locating School house, etc.] The trustees, with the consent of the county superintendent, may take land, by purchase or donation, for the purpose of erecting thereon a schoolhouse, provide for and secure the erection of the same, construct such out-buildings and inclosures as shall be conducive to the protection of the property and the comfort and decency of the pupils and teachers; make re- pairs and provide the necessary furniture and apparatus; but the said trustees shall not buy for such use property in which they are either directly or indirectly interested. They shall have power to recover for any damages that may be done the property in their charge, and they may change, the location of the schoolhouse, sell or dispose of the old site, and use the proceeds thereof towards pro- curing a new one. If they can not agree with the owner of any land most suitable for a schoolhouse site as to the price and terms of purchase and sale thereof, they may have the same condemned in the manner provided for condemning lands for the use of rail- road companies; and cause a deed to the land by a commissioner to be made to the trustees and their successors; which deed shall be duly acknowledged and recorded in the office of the clerk of the county court, and thereupon the fee-simple title to said lot shall vest in said trustees and their successors in office; but they shall not have the right to condemn any private property which is used by the owner as a residence, garden, orchard or burying ground. The quantity of land thus condemned shall in no case exceed one acre. A majority of the school electors of any district, within thirty days after the location or site has been selected by the trus- tees, may appeal from the decision of the trustees in the location of the schoolhouse, or site for the same, to the county superinten- dent of the county, whose decision in the case shall be final. In such location it shall be made as near as practicable to the center of the district as will be convenient of access to all the inhabitants of the district; and the trustees shall make provisions for such roads or passways to the schoolhouse as will accommodate all the pupils who may be entitled to attend, and may apply to the county court having jurisdiction to open the same as other roadways are opened for public necessity and convenience. But where there is no road or passway from the residence of any pupil to the schoolhouse, it shall be lawful for such pupil, in attending school, to walk over the 46 DISTRICT TRUSTEES. land of any person between the residence of such pupil and the dchoolhouse. No toll shall be collected of any pupil child for travel upon any turnpike road while attending a common school.* 78. [When Schoolhouse Condemned, Etc. Duty of Trustees Penalty for Neglect.] Whenever the county superintendent notifies the trustees, in writing, that a school- house, or the inclosures thereof, has been condemned, and needs repairing or additions, or that the furniture or apparatus is in- sufficient or, in any case, it becomes necessary to purchase a site to build a new schoolhouse, then, if there be no funds available for such repairing or purchasing, the trustees shall levy a capitation tax not exceeding one dollar per school year, for four years, on each male in the district over twenty-one years of age, or an ad valorem tax, not exceeding twenty-five cents on each one hundred dollars' worth of taxable property in the district per school year, or both a capitation and an ad valorem tax, to be collected as provided in section 79 ; and such tax shall be applied to the repairing or making additions, or to the purchase of a site, and the erection and furnish- ing of a schoolhouse adapted to the wants of said district, or to the equipment of the schoolhouse with furniture or illustrative apparatus. In cases of an emergency, the trustees of a district may, in their cor- porate capacity, borrow a sufficient sum of money to repair or erect and furnish a schoolhouse: Provided, The sum so borrowed shall not exceed an amount that can be paid off in four years at the rate of taxation set forth in this section: And provided further, That in districts in which schoolhouses have been built, where a three- year tax was levied and collected and proved insufficient, and where there is any part of the cost of construction of such school- house, or purchasing site upon which to build, or for school furni- ture, remaining unpaid, the trustees shall levy an additional tax sufficient to pay off all indebtedness. In all suits arising in the collection of taxes under this chapter, the county attorney shall act as attorney for the trustees, and shall receive for such service such compensation as may be allowed by the fiscal court. The amount collected from said district shall be paid out on the order "Chapter 2?, Acts of Assembly, 1896, section 4. The managers of any turnpike road snail permit ministers of the Gospel to travel on the road without paying toll when on ministerial duty; and shall charge no toll against scholars going to or from school, or against persons who are going to or from their accustomed place of worship- and fun- eral processions going to and returning from place of burial; but if any other person than scholars going to and returning from school, and the driver, shall occupy a vehicle, full toll shall be charged and collected for such vehicle. DISTRICT TRUSTEES. 47 of the trustees. If the trustees of any common school district fail, for the period of one year after the building of the schoolhouse has been properly ordered, to have a good and sufficient schoolhouse in their district equipped with the furniture and apparatus herein prescribed, each of them shall be guilty of a misdemeanor. The county superintendent shall report such failure to the grand jury at its next meeting, and, upon indictment and conviction, each of said trustees shall be fined not less than twenty-five nor more than one hundred dollars, unless he can show a good and satisfac- tory reason for such failure. Each schoolhouse, including the site, furniture and apparatus, shall have a property value of not less than one hundred and fifty dollars. Each schoolhouse hereafter erected shall have a floor space of not less than ten square feet to each pupil in the district; shall be at least ten feet between floor and ceiling; shall have at least four windows, one or more fire places, with chimneys made entirely of brick or stone, or a suffici- ent number of stoves or other heating apparatus, with safe flues, to warm the room in the coldest weather; one or more doors, with locks and keys, which shall be kept during the vacations by the chairman of the trustees, who shall be liable for any damage oc- curring on account of neglect. The trustees shall furnish each schoolhouse with at least the following articles of fur- niture and apparatus, and the teacher shall, at the close of the school of each year, deliver a complete inventory of the said articles to the chairman of the trustees: Teacher's desk and chair; a seat, patent or otherwise, with back, for each child, the height of the seat and its back to suit the age of the child no desk or bench to be made to accommodate more than two children; writing desks for all the pupils; blackboard space of at least fifty square feet; water- stand; and the trustees may furnish gong or call-bell; terrestrial globe; wall-map of the world, wall-map of the United States, and a wall county map of Kentucky, and such charts upon reading, writ- ing, physiology, and so forth, as the trustees may select; and the trustees are authorized to have said houses and furniture insured against damage by fire or other casualty. The expenses incurred from such insurance to be paid out of the funds raised for general district purposes. Acts of 1894. 48 DISTRICT TRUSTEES. 79. [Levying and Collecting District Taxes.] Whenever there shall be a tax levied in any common school dis- trict, or graded school district, it shall be the duty of the trustees to appoint a district treasurer, who shall hold his office four years and until his .successor is appointed and qualified, unless sooner removed by the county superintendent, which he may do for any failure on the part of said treasurer to discharge his duties as re- quired by law. Before the treasurer shall enter upon the discharge of his duties, he shall execute bond, in the name of the Common- wealth of Kentucky, to the board of trustees, in a sum equal to double the amount of taxes to be collected, with one or more suffi- cient sureties, to be approved by the county judge or a justice of the peace, for the faithful performance of his duties; which bond shall be renewed every year. The tax shall be levied on the prop- erty of the district as may be assessed and equalized for county taxation immediately preceding the levy by the trustees; and with- in ten days after said levy, it shall be the duty of the district treas- urer, with the assistance of the county superintendent, to make, or cause to be made from the assessor's book, as equalized for county taxation, and the records of assessments of property as filed by the railroad commissioners or board of assessment in the office of the county clerk, a list of the names of all persons or corporations liable for such taxes, and the amount of property owned by each and liable therefor, and the total amount of taxes due from each, and shall file a copy of list with board of trustees. The treasurer shall collect all taxes levied for common school purposes on the property of the district. The holder of the legal title, and the holder of the equitable title, and the claimant or bailee in posses- sion of the property on the fifteenth day of September of the year the assessment is made, shall be liable for the taxes thereon; but, as between themselves, it shall be the duty of the holder of the equitable title to list the property, and pay the taxes thereon, whether the property be in possession or not at the time of the payment. The board of trustees shall, within five days after such tax list shall have been delivered to the chairman, fix the time in which such taxes shall be paid to the district treasurer, which shall not be less than two nor more than four months from the time of making such order. The board shall cause written or printed no- tices of the amount of the levy, and the time and place in which DISTRICT TRUSTEES. 49 the tax is required to be paid, to be posted in at least three public places in the district. It shall be the duty of all tax-payers to pay their taxes to the treasurer at the time and in the place designated in the notice. On failure of any such tax-payer to pay his taxes within such designated period, he shall, at the expiration there- of, be deemed delinquent, and a penalty of five per centum of the amount of the taxes due shall attach against each delinquent at the expiration of the period for receiving the taxes. It shall then be the treasurer's duty to collect such delinquent taxes, and levy on and sell property therefor, and make report thereof to the board of trustees. The treasurer shall collect the taxes within ninety days after receiving the list by gale of property or otherwise. He shall have the same power that the sheriff now has in the collection of State and county revenue, and proceed in the same manner and receive the same compensation as the sheriff was entitled to receive; and for a failure to perform this duty, and other duties mentioned in this section, he shall be liable on his bond; and all such delin- quent lists as may now be in the hands of the sheriffs in this Com- monwealth uncollected, shall be returned to the district treasurer for collection under this amendment, and such as have been wholly or partly collected by sheriffs shall be accounted for as provided in the original act. The treasurer shall, in his annual report to the trustees and to the county superintendent, make an itemized state- ment of the amount levied, the purpose of such levy, the itemized amount collected, the amount disbursed, and the amount still on hand. In case of vacancy by resignation or removal, the treasurer shall make settlement with, and turn over all moneys to, the county superintendent immediately following such resignation or removal. The treasurer and county superintendents holding money for districts shall pay out same on order of board of trustees for said districts. [Acts of 1894.] 80. [Tax for Incidental Expenses.] Unless there are sufficient funds on hand which may be used to pay the contin- gent expenses incident to conducting the school comfortably, the trustees shall assess, and the treasurer of the district shall collect, a capitation tax of one dollar and fifty cents, or less on all persons having children attending the common school of the district; the same to be collected as provided hi section 79, and used to pay for 4 50 DISTRICT TRUSTEES. fuel and other things needful to keep warm, clean and comfortable the house wherein the school is conducted. 81. [Shall Employ and May Remove Teacher.] The trustees in their corporate capacity, at a meeting called for that purpose, shall employ a qualified teacher, agree with him as to compensation, and for good cause, of which he be first notified in writing, remove him, subject to the approval of the county superin- tendent. The contract between the teacher and trustees shall not be entered into before the first of July of the calendar year in which the school is to begin. No teacher shall be employed until after the election and qualification of the new board of trustees. It shall expressly prescribe that its terms are subject to all the provisions of the common school laws, and shall be in writing, signed by the teacher, and at least two of the trustees. Whenever a teacher is entitled to a payment for having taught a common school, it shall be the duty of the trustees of the district to certify that the school has been legally taught for the period specified. No person shall be allowed to teach a private or other school in any district school- house, unless he be of good moral character, and have the consent of not less than tw r o of the trustees of the district in which said school is to be taught. 82. [Shall Visit Parents to Secure Attendance of Children at School.] During the two weeks preceding the opening of the school, the trustees shall visit all the parents of pupil children, and urge upon them the necessity of prompt and regular attendance at school. They shall make careful inquiry as to whether any children are unable to purchase the necessary books, and immediately report the names of all such children to the county superintendent only. During the progress of the school, the trustees shall ascertain the causes of all non-attendance of chil- dren, and shall remove such causes, if practicable. 83. [Regular Duties at the Schoolhouse Dur- ing Session of the School.] The board of trustees shall meet at the schoolhouse on the day of the opening of the school, and at the same place at least once a month thereafter during the session of the school. At each meeting they shall carefully ex- amine the teacher's register, and shall consider: (1) The condition of the schoolhouse, furniture, apparatus and surroundings; (2) DISTRICT TRUSTEES. 51 the work of the school; (3) the attendance, and how to increase it; (4) the needs of the school, such as fuel, brooms, buckets, cray- ons, desks, blackboards, books, etc. They shall provide for any de- ficiency that may exist in any of these respects, and see that the regulations for the government of the school are complied with, and that the teacher performs his duty; they shall see that a suffi- cient supply of good water is furnished within easy access of the schoolhouse for the benefit of the school during the term of school. Upon complaint of the teacher, in writing, the trustees shall have power, after investigation, to suspend a pupil or expel him from school. When the trustees shall ascertain by examining the teacher's register or monthly report that the average daily attend- ance of twenty consecutive days taught has been less than twenty- five per cent, of the total number of pupil children of the district, as shown by the last census, they shall, with the consent of the county superintendent, dismiss the teacher, and employ another teacher to complete the session of the school, unless they shall be satisfied that the decreased attendance was due to such natural cause as high water, extremely inclement weather, epidemics, or unusual sick- ness in the district. (Acts of 1894.) 84. [Duty in case of any Infectious or Contagi- ous Disease.] When any family shall have any infectious or contagious disease, no member of such family shall attend any school until the trustees thereof shall allow them to do so; and dur- ing the prevalence in the district of dangerous epidemics the trus- tees shall order the school closed; but the teacher shall not be re- quired to lose the time of this forced suspension, unless so stipu- lated in his contract. 85. [Annual Census Its Character and Re- quirementsPenalty for Fraud.] It shall be the duty of the trustees of each district, annually, during the month of April, to take an exact census of all the children that reside in such dis- trict on the first day of April who will be, on the first day of July following, between the ages of six and twenty years, and on or be- fore the first day of May report a list of the same to the county superintendent, and a duplicate list to the clerk of the county court, to be filed in his oflice, specifying the name, age, sex and names of the parents or guardians of each child, to be entered in a book fur- 52 DISTKICT TRUSTEES. nished him by the State, and kept as part of the records of his office. Should said trustees willfully add to the list the names of per- sonsnot entitled to be placed on same, or otherwise knowingly make a false list, such person thus offending shall, in addition to being liable to punishment for the crime of false swearing, be subject to a fine of not less than fifty dollars; and should any other school officer be a party to such fraudulent lists, or any way aid in the com- mission of such fraud, ne shall be liable to the same punishment. For a failure to take such census and report the same within the time and in the manner herein required, the trustees shall be liable to a fine of not less than twenty dollars ; and said trustees shall not take the census of any children who have recently removed into the district, and who have been previously reported in the census of the pupil children for the year in the district from which they have removed, or who had recently removed into the district from another State or county; but any pupil child who may not have been reported in the district in which he resides may attend the com- mon school without payment. This section shall be printed in the census blanks furnished by the Superintendent of Public Instruc- tion. 86. [Report School Taught Annual Report. ]- At the termination of each school year the trustees shall make a report to the county superintendent, showing, in tables of details and aggregates, the length of time taught, the highest, lowest and average number of children at school; the cost of tuition of each child for the session and per month ; the number of private schools, academies and colleges taught in the district, and length of sessions of the same; the number of teachers employed, male, female and total, for the common schools; the wages of male or female teachers; the amount of money raised for common school purposes in the dis- trict by county and district tax or otherwise, and for what the same was disbursed; the kind and value of schoolhouses, and the number of volumes in district library, if any; and any other information required of them by the county superintendent touching the school. 87. [Chairman Shall Sign His Reports Penalty For Failure to Make Any.] The chairman of the board of trustees shall sign all reports made by him; and, for a failure to make any such report within thirty days after the same is required DISTRICT TRUSTEES. 53 by law, shall be subject to a fine of twenty dollars, and, besides, shall be liable to an action for damages by any person injured thereby. 88. [Penalty For Buying Teachers' Claim and For Fraud in Employing Teachers.] No trustee shall be allowed to buy any teacher's claim, directly or indirectly, under the penalty of removal from office by the county superintendent. Any teacher who shall offer or give, directly or indirectly, and any trustee who shall ask or accept, directly or indirectly, either for himself, for another trustee, for the district, the school or the school- house, any valuable consideration other than the services of the teacher for employing, or for being a party to employing any teacher, shall be deemed guilty of bribery, and upon indictment and conviction thereof, shall be fined as provided by law for the punish- ment of bribery. 89. [Penalty For Neglect of Duty or For Mis- feasance in Office.] For any neglect of duty or misfeas- ance or malfeasance in office, the trustees shall, in addition to being fined as aforesaid, be removed from office by the county superin- tendent, who, in investigating such matters, as well as the matters, set out in sections 55, 133, 136, shall have the same power to issue subpoenas and attachments for witnesses, and to compel their attend- ance and testimony, as is possessed by the judge of the quarterly court in examining trials of persons charged with offenses against the law; and sheriffs, constables and marshals shall be under the same obligations and subject to the same penalties for neglect or refusal to execute the orders of said superintendent as for refusal or neglect to execute the orders of the judge of the quarterly court of the county, and from the decision of the county superintendent any party aggrieved may appeal to the Superintendent of Public Instruction. [Acts of 1894.] 90. [For Services, Chairman Exempt From Cer- tain Duties.] The chairman of the board of trustees, in con- sideration of his services, shall be exempt from duty as overseer or a hand upon a public highway, and from militia duty. 91. [Penalty For Willful Failure or Neglect. ]- If any person who is elected or appointed trustee of a common school under the provisions of this act, shall willfully fail or neg- 54 DISTEICT TAXATION. lect, after having accepted said office, to perform the duties im- posed upon him herein, he shall be fined fifty dollars therefor. 92. [Duty to Successor.] A trustee: when he resigns, vacates, is removed, or goes out of office, shall, within ten days thereafter, deliver to his successor any money, property, books or papers in his custody as trustee; and for failure therein, he may be fined any sum not exceeding fifty dollars; and it shall be the duty of the, county superintendent to report all such defaults to the grand jury. IX. DISTRICT TAXATION. 93. Levy of district tax in aid of com- mon schools, contingent upon the will of the people. 94. How will of the people determined; qualified voters ; notices of tax, stating amount and object of tax, and time and place of voting, shall be duly posted; when district lines pass through the lands of one per- son, where taxes shall be levied and paid. 95. Question of local taxation may be submitted at any time once a year, after notices duly posted; when amount, object and length of time clearly and distinctly stated, tax may be voted for three successive \ 96. Duties of officers of election pre- scribed; in case majority ot voters in favor of tax, duty of County Superintendent and of Treasurer. 97. Assessment, collection, etc., gov- erned by \ 79. 98. In his annual report to the Superin- tendent of Public Instruction, the County Superintendent shall make report of amount of money thus raised and how appropriated. 99. A tax under the foregoing sections, shall not exceed, in any one year, twenty-five cents on the hundred dollars' worth of taxable property in the district, and one dollar on each poll. years. 93. [District Tax Levy of, When Lawful.] If any common school district in the State, in which the clearly ascer- tained will of the people shall be in favor of a district tax in aid of the common school therein, the levying of such a tax therein shall be lawful. 94. [How Will of the People Determined.] The will of the people of any district in relation to such a tax therein shall be determined by a vote of the qualified voters thereof at the time and place and in the manner prescribed in section 72 of this chapter for the election of district trustees; and any widow or spinster residing in any school district, who is a tax-payer, or who has children within the ages fixed by the common school laws to be educated, shall be deemed a qualified voter under this chapter. But previously to the taking of such a vote, printed notices, signed by the county school superintendent of the county in which such dis- trict lies, and by a majority of the trustees of such district, stating the amount and object of the tax proposed to be raised, and the DISTINCT TAXATION. 55 time and place of taking the vote, shall have been posted by the chairman for fifteen days, at three or more prominent places in the district; and when lines dividing school districts pass through the lands of any person, dividing the same, the taxes shall be levied and paid to the district where the homestead may be situated. 95. [Local Taxation When and How Submit- ted. The question of district taxation may be submitted to the legal voters of the district every school year; but when the amount, object and length of time are distinctly stated to the voters, the tax may be voted at one election, to continue three successive years. The proceeds of such tax shall be expended for any of the objects herein specified, and for no other object. The extension of the com- mon school for a longer term, the better payment of the teacher thereof. 96. [Duties of Officers of the Election, Etc.] It shall be the duty of the officers holding the election to open the poll, and an officer of the election shall propound to each voter who votes, the question: "Are you in favor of the district school tax?" and his vote shall be recorded for or against said tax as he directs. The officers of the election shall return a fair and true record of the votes taken for and against such tax, certified and sworn to by themselves, before some officer authorised to administer oaths, to the county school superintendent; and if it be found that a majority of those voting shall have voted in favor of such district tax, it shall be the duty of the county superintendent to furnish the district treasurer with the boundary of the district, and said treasurer shall collect said district tax. 97. [Assessment, Etc., How Governed.] The assess- ment of property, the collection of taxes, the powers and duties of trustees and oilier officers under this article, shall be governed by section seventy-nine of this chapter. 98. [Report by County Superintendent.] The county superintendent shall, in making his annual report to the Superintendent of Public Instruction of the schools taught in his county, make report also of the amount of money thus raised, and the manner in which it has been appropriated. 56 GKADED COMMON SCHOOLS. 99. [Limit of Tax in Any One Year] The tax allowed under the foregoing sections shall not exceed twenty-five cents in any one year on the one hundred dollars' worth of taxable proper- ty in the district, and one dollar on each white male person twenty- one years of age or over, and the provisions of section [79 ] shall apply to any tax imposed under this article. X. GRADED COMMON SCHOOLS. \ 100. Conditions on which a graded free school district may be formed and a graded free school established. Duties of County Judge. 101. Duty of County Court Clerk to give within ten days, to Sheriff a certi- fied copy of order when made by County Judge. 102. When duty of Sheriff, or other offi- cer who may / hold election, to publish, advertise, and post no- tices of election. 103. Question proposed to each voter who votes; votes shall be duly recorded. 104. If a majority of the legal white voters entitled to vote, cast their vote.s in favor of said tax, it shall be the duty of the County Judge, with the assistance of the Coun- ty Superintendent of common schools, to organize a graded free school. 105. Each graded free school district when organized, is incorporated and under a board of six Trustees, elected at the same time and place, and by the same persons who vote the tax. 106. Style, province, and powers of the Board of Trustees ; title tc all prop- erty of graded free schools vests in said board and their successors in office. 107. Classification of Trustees by lot; re- spective terms of office; success- ors shall be elected at the same time and for the same term as Trustees of common schools ; va- cancy, how filled and for what terra. 108. Trustees, before entering on the discharge of their duties, shall take oath of office. 109. Trustees may adopt proper by-laws and rules for the control, govern- ment, and management of the graded free school, and shall keep a journal of their proceedings subject to inspection by any citi- zen of the district. ; 110. Appointment, employment, com- pensation, examination, and qual- ifications of teachers ; course of study. 111. Secretary of city board must re- port to Superintendent of Public Instruction. 112. Board of Trustees shall elect a President and Secretary and pre- scribe their duties; reports and publication required annually. 113. Free tuition to resident white pupil- children. 114. Terms of admission to other per- sons than resident pupil children. 115. Board of Trustees shall have power to appoint a Treasurer, who shall duly execute bond with sufficient securities; duties and responsibil- ities of Treasurer. 116. The County Superintendent of com- mon schools shall annually and promptly pay to the Treasurer of any graded free school district, duly organized and operating in his county, the pro rata of the State and county funds due said district. 117. Board of Trustees shall provide funds for purchasing suitable grounds and buildings and other needful expenses for conducting a good graded free school ; issuance of bonds limitation in amount and time, denomination, interest of, and management, how sold and applied. 118. Levy of annual tax on taxable property and levy of capitation tax provision for sinking fund. 119. Assessment, collection, etc., to be governed by \ 79. 120. Title to all common school prop- erty within graded free school dis- trict duly organized, and power to sell and convey same, vested in the Board of Trustees. 121. After first election and organiza-' tion of graded free school, Board of Trustees shall appoint officers of GKADED COMMON SCHOOLS. 57 X. GRADED COMMON SCHOOLS (Continued.) elections, their responsibilities, penalties, and power-. 122. When proposition to establish school fails, a vote may be had again in two years. 123. Provisions of this act shall apply to suth graded free school districts as may be organized by the colored people of this Commonwealth. 124. Provisions as to cities of fifth and sixth classes, and school, organ- ized by special act. 125. Provisions as to first, second, third, and fourth class cities. 126. Tax to complete school buildings and pay debt contracted under old 127. Interest on bonds not to exceed 6 per cent. Bonds must be issued majority by of the Trustees pay- able in amounts and at times and places determined by them. 128. How assessment and collections are to be governed. 129. Tax to pay bonds and interest lev- ied on second Monday in May annually. 130. Bonds must be signed by the Chair- man of Board, and countersigned by Secretary. Treasurer must set- tle on first Monday in January, each year, or may be required to do so quarterly. constitution. 100. [Conditions for" Establishing a Graded Free School District and School.] Tt sha11 be the dut ? of the county judge in each county of this Commonwealth, upon a written petition, signed by at least ten legal voters, who are tax- payers in the justice's district, town or city of the fifth or sixth classes in his county, to make an order on his order-book at the next regular term of this court after he receives said petition, fixing the boundary of any proposed graded common school district, as agreed on by the county judge and the petitioners, and directing the sheriff, or other officer whose duty it may be to hold the election, to open a poll in said proposed graded common school district at the next regular State, town or city election to be held therein, or on any other day fixed by said judge in said order, not in either case earlier thn forty days from the date of said order, for the pur- pose of taking the sense of the legal white voters in said proposed graded common school district upon the proposition whether or not they will vote an annual tax, in any sum named in said order, not exceeding fifty (50) cents on each one hundred dollars ($100) of prop- erty assessed in said proposed graded common school district, town or city, belonging to said white voters, or a poll tax in any sum named in said order not exceeding one dollar and fifty cents ($1.50) per capita on each white male inhabitant over twenty-one (21) years of age residing in said proposed graded common school district, or both an ad valorem and a poll tax, if so stated in the said order, for the purpose of maintaining a graded common school in said proposed graded common school district, and for erecting, purchas- ing or repairing suitable buildings therefor if necessary: Provided, 58 GEADED COMMON SCHOOLS. That the proposition to establish any graded common school dis- trict and school, as provided for in this section, is approved in writ- ing on the petition to the county judge by a majority of the trustees of any common school district, included wholly or partly within the boundary of said proposed graded common school district, and approved in writing on said petition by the county superintendent of common schools; that no point on the boundary of any proposed graded common school district be more than two and one-half miles from the site of its proposed schoolhouse, and that the loca- tion and site of said schoolhouse in said district are set out with exactness in said petition to the county judge. 101. [Duty of County Clerk.] It shall be the duty of the county court clerk to give to said sheriff or other officer a cer- tified copy of the order of the judge of the county court, as it 'ap- pears in his order-book, within ten days after said order is made. 102. [Duties of Sheriff or of Other Officer Who May Hold Election.] It shall be the duty of said sher- iff or other officer to have the order of the county judge published in some weekly or daily newspaper published in the county for at least twenty days before the election, and also to advertise the same by printed or written handbills, posted at five conspicuous places in said proposed graded common school district, for the same length of time; but if there be no daily or weekly newspaper pub- lished in the county, the printed or written handbills, posted as be- fore provided, shall be sufficient notice. The said sheriff or other officer shall have the advertisement inserted, and notices herein provided for posted, within ten days after he receives the order of the county judge, and at least twenty days before the election. 103. [Manner and Object of the Election.] The said sheriff or other officer shall appoint a judge and a clerk of the said election, who shall take and subscribe to an oath for the faith- ful performance of his duties. On the day set apart for the elee tion, the officers shall open a poll, and shall propound to each voter who ini-y vote the question: "Are you for or against the graded common school tax?" and his vote shall be recorded for or against the same as he may direct. 104. [If Tax Voted, Duty of County Judge, Coun- ty Superintendent and Trustees.] if it shall appear GKADED COMMON SCHOOLS. 59 that a majority of the votes cast at the said election were in favor of said tax, then it shall be the duty of the county judge to cause the certificate of the examining board showing the amount of tax voted, and the names of the six trustees elected, to be entered of record in the order-book of his court, and to give a copy thereof to the county superintendent, who, in connection with the trustees, shall organize a graded common school in said district in accord- ance with the provisions of this law. 105. [Board of Trustees.] The graded common school districts, when organized as aforesaid, are hereby incorporated, and each of them shall be under the management and control of a board of six trustees. The first board to be elected at the same time and place, and by the same persons who vote at the election for the tax, as provided in sections 95 and 98 of this law; and the six persons receiving the highest number of votes cast shall be de- clared elected trustees. 106. [Style, Province and Powers of Board of Trustees.] 'The persons so elected shall be named and styled "The Board of Trustees of the - Graded Common School District," and in that name may sue and be sued, contract and be contracted with, and as a natural person may acquire, hold, dispose of and convey, by purchase, gift, devise or otherwise, any real or personal estate, goods and chattels, necessary and convenient for the uses and purposes of such graded common school; and the title to all such property shall vest in said board of trustees and their successors in office, to be held sacred for the use and bene- fit of said graded common school district. 107. [Classification of Trustees Regul ar Election of Vacancy, How Filled.] The trustees thus elected shall be divided by lots into three classes, to hold their offices for one, two and three years respectively, or until their suc- cessors are elected and qualified; the two trustees selected for the shortest term to retire from office on the second Saturday in May following their election; and the two selected for the second short- est term, and the two selected for the longest term, shall serve one year and two years respectively after the second Saturday in May following their election. On the first Saturday in May following 'the first election of trustees tinder this act, and the first Saturday in 60 GKADED COMMON SCHOOLS. May of each year thereafter, there shall be elected as trustees of common schools are elected two trustees of the said graded common school district, who shall qualify on the second Saturday of the month of their election, to succeed the two trustees retiring from office, and to serve three years, and until their successors are elected and qualified. If, at any time, there should be a vacancy in said board, the same shall be filled by election by the remaining members, and the person elected to fill such vacancy shall hold his office until the next regular election, when his successor shall be elected to fill out the unexpired term. 108. [Official Oath Required of Trustees.] Said trustees, before entering upon the discharge of their duties, shall each take an oath faithfully to perform the duties required of them under this law. 109. [By-Laws and Rules Journal of Proceed- ings ] Said trustees may adopt such by-laws and rules for the government of themselves and their appointees, and for the control, government and management of graded common schools in their respective districts, as they may deem necessary, not in conflict with law, and shall keep a journal of their proceedings, which shall be open at all times to the inspection of any citizen of the graded common school district in which he or she may reside. 110. [Appointment and Qualification of Teach- ers Course of Study.] Said trustees shall appoint and em- ploy a principal and all teachers, and fix their compensation, and may suspend or dismiss them, or any other person appointed or em- ployed by them; may prescribe the branches (other than those re- quired by law to be taught in the common schools) which may be taught in said graded common schools, and prescribe the necessary qualifications, and the mode of examination of applicants for posi- tions as superintendent, principals or teachers in said graded com- mon schools; but no person shall be appointed or employed as su- perintendent, principal or teacher in any graded common school organized under the provisions of this law who is not a person of good moral character, and who has not a county certificate, as re- quired by the common school law of Kentucky. Each teacher in a graded common school, except in cities of the first, second, third and fourth classes, shall be required to keep a register as prescribed GRADED COMMON SCHOOLS. 61 in section 134 for teachers of other common schools, which register shall be left with the president of the board of trustees, who shall be responsible for it, and return it to the teacher at the opening of the next school term. From the registers in the hands of the several teachers in the graded common school, and the record kept by the board of trustees, the principal teacher and the president of the board of trustees shall, within ten days after the close of the school, make a report to the county superintendent, being provided with blanks therefor by the superintendent ; said report to give such information as is specified in section 86 of this law. 111. [Secretary of City School Board Must Re- port.] It shall be the duty of each secretary of the board of trus- tees of schools, maintained wholly or in part by the State, in cities of the first, second, third and fourth classes, to report annually, on or before the first of September, to the Superintendent of Public Instruction, such facts as will enable him, in his reports to the General Assembly, to give the important school statistics of such cities in connection with those of the county in which they are situated. The secretary shall be supplied by the Superintendent of Public Instruction with blanks therefor. 112. [President and Secretary of Board.] The said trustees shall elect one of their number president, who shall preside at their meetings, and perform such other duties as may be required of him, and they may elect a secretary, and prescribe his duties. The president and secretary, or either of them, shall make such reports to the county superintendent as are required of common school trustees, and shall publish annually such informa- tion as will show the financial condition of the graded common school district, and such other facts as they may deem beneficial to the cause of education in their respective districts. 113. [Free Tuition to Resident White Pupil Children.] All white children within the common school age residing in any graded common school district shall have the right of free admission to the graded common school thereof. 114. [Terms of Admission of Other Pupils.] The trustees may admit into said graded common school, children who do not reside within the said district, or persons over the common school age, on such terms and conditions, and upon the payment of such tuition and other fees as they may deem proper. 62 GRADED COMMON SCHOOLS. 115. [Treasurer, His Duties and Responsibili- ties.] The said board of trustees shall appoint a treasurer for said graded common school district, who, before entering upon the duties of his office, shall, in the county court, execute bond, with sureties approved by the court, payable to the commonwealth of Kentucky, for the use and benefit of the trustees of said graded common school district, conditioned for the faithful performance of his duties under this article. All funds arising from the sale of bonds under this law, and all funds collected for the purpose of de- fraying the annual expenses of said schools, and for the payment of the principal and interest of said bonds, or for any other purpose, shall go into the hands of said treasurer, who shall, together with his sureties, be responsible therefor. Said treasurer shall pay out said funds only for the purpose for which they were respectively collected, upon the written order of the president and secretary of said board of trustees. The board of trustees shall pay its treas- urer such sum for his services as shall be reasonable and just. 116. [Payment of Pro Rata of the State and the County Funds] The county superintendent of common schools shall, annually, pay to the treasurer of any graded common school district that may be organized and operating in his county, in con- formity with this article, the pro rata portion of the State and coun- ty fund due the said district, according to the number of pupil chil- dren therein, as soon as the same shall come into his hands; or, if desired by the trustees, he may pay in January the full amount due said district. 117. [Provisions of Grounds and Buildings, and Issuance of Bonds.] Said board of trustees shall provide funds for purchasing suitable grounds and buildings, or for erect- ing or repairing suitable buildings, and for other expenses needful in conducting a good graded common school in their graded com mon school district; and to this end they may use such part of the proceeds of the said tax as they deem necessary, and it shall be the duty of said board of trustees, and if, in their opinion, it be necessary, and they are hereby authorized and empowered to order an election and submit to the voters of their respective graded com- mon school districts the question whether or not the trustees thereof shall issue bonds of their respective graded .common school dis- GRADED COMMON SCHOOL^. 63 tricts, ill any amount not exceeding the limit provided by sections (157) one hundred and fifty-seven and (158) one hundred and fifty- eight of the present Constitution of this State, for the purpose of providing suitable grounds, school buildings, furniture and ap- paratus for their respective graded common school districts: Pro- vided, That due notice of said election shall be given by the trustees of their respective districts, by written or printed posters not less than one foot square, signed by the trustees of their respective dis- tricts, stating the time, place and hours of said election, posted at not less than six public, conspicuous places in the district for ten days previous to the day of the election, and by one insertion thereof in the newspaper, if any, published in said district. The board shall appoint two judges, a clerk and a sheriff to hold said election, who shall be first duly sworn before acting, and shall be housekeepers and taxpayers, resident in the district for which they are appointed, and one of the judges shall ask of each voter: "Are you in favor of the issue of bonds by the trustees of the graded com- mon school of this district, for the purpose of providing suitable grounds, school buildings, furniture and apparatus for this dis trict?" and the clerk shall record the answer/' Yes" or "No," as given by the voter. If two-thirds of the voters voting at said election vote in favor of the issue of the bonds, then the trustees of such graded common school district may issue the bonds of said dis- trict for an amount not exceeding the constitutional limit and in con- formity with the Constitution of this State. And, for the purpose of meeting the interest on such bonds and creating a sinking fund for the payment of the principal thereof, and the boards of trustees of their respective districts, where the issue of such bonds is voted, are authorized and empowered to levy annually a tax in addition to that already voted, which shall not increase the tax rate for school purposes in their respective districts to more than seventy- five cents on each $100 worth of taxable property within the dis- trict. The said bonds may be of any denomination, in even hun- dreds, not exceeding $1,000 each, running not exceeding thirty years, and bearing interest at a rate not exceeding six per cent, per annum, payable annually or seini-annually, as expressed in said bonds, payable to bearer, with interest coupons attached. They shall be signed by th* president of said board of trustees and at- 64 GKADED COMMON SCHOOLS. tested by the secretary thereof, shall pass by delivery, and shall be redeemable at the option of said board. Said bonds shall be sold by the trustees, or their authorized agent, for the highest price ob- tainable, but not for less than their face par value and accrued interest, and the proceeds paid over to the treasurer and applied to the uses and purposes contemplated in this law. 117-CL Inasmuch as there are various graded common school dis- tricts in which the tax already voted for graded common school pur- poses is insufficient to cover the expense of providing necessary and suitable grounds, school buildings, furniture and apparatus for graded school purposes, and there is no provision for again submit- ting the question to the people for increasing such tax rate, there- by necessitating immediate legislation to relieve such districts, and inasmuch as the provisions of section 4481 aforesaid as now in effect, conflict with the Constitution of this State, an emergency exists and is hereby declared, and this act shall take effect from and after its passage and approval by the Governor. [Approved March 12, 1896.] 118. [Levy of Annual Property Tax and Capita- tion Tax Provisions For Sinking Fund-] The board of trustees in any graded common school district where the tax has been voted shall cause to be levied and collected an annual ad valo- rem tax, in any sum not exceeding the amount voted for in said district under the provisions of this law, upon each one hundred dollars' worth of property of every kind and character, having value and owned by any white person, company or corporation, subject to taxation, within the limits of said graded common school district; or shall cause to be levied annually a poll tax in any sum not exceeding the amount voted in said district under this law, on each white male citizen residing within the limits of any graded common school district, over twenty-one years of age, or both an ad valorem and a poll tax, if so voted at the said election : Provided, No levy shall be made under the provisions of this law later than the close of the fiscal year in which the last county assessment shall have been made. The board of trustees shall, out of collections under each levy, by order, set apart out of the collections of each levy a sufficient amount to pay interest for the year on any bonds issued, and the treasurer shall pay same; and, in addition, shall, out GKADED COMMON SCHOOLS. 65 of the several levies, until entire payment of such bonds, set aside a sufficient amount as a sinking fund, when aggregated, to meet the principal of the bonds at maturity, which sinking fund shall be kept loaned, with ample security, or profitably invested, and shall be used for no other purpose than the payment of principal of such bonds. But if the board so order, the sinking fund, or any part thereof, may be used in the purchase of such bonds before maturity, except a sufficiency to pay interest on the outstanding bonds. 119. [Assessment, Collection, Etc., Governed by 79.] The assessment of property, the collection of taxes, powers and duties of trustees and other officers in graded common school districts, shall be governed by section 79. 120. [Title to All Common School Property and Power Over Vested in Board of Trustees ] The title to all common school and all county seminaries property in the limits of any graded common school district, organized under the provisions of this law, shall be, and the same is hereby, vested in the board of trustees of said graded common school district, and they are hereby authorized and empowered to sell and convey the same, or to use the same for graded common school purposes, as to them shall seem best; but when county seminary property shall be appropriated, all pupils of the county shall be permitted to attend said school at such reduced tuition from what is ordinary as shall be equitable, and make good to them their interest in said seminary property. It is further provided that w r hen any graded school dis- trict shall embrace any school property owned or held in trust by trustees, said trustees, by a majority vote of their board, are hereby authorized and empowered to convey their school property to the trustees of the graded school at such price and on such conditions as may be agreed upon b} 7 the trustees of both parties. 121. [When Trustees Appoint Officers of Elec- tion Their Duties.] After the first election provided for in this law shall have been held, the tax voted, trustees elected, and the graded common school organized, the board of trustees shall ap- point the officers to hold all other elections, which officers shall take an oath to be under the same responsibilities and subject to the same penalties as the officers holding State or Bounty elections, only they shall make returns of poll-books, and certify the result 5 66 GRADED COMMON SCHOOLS. of the elections to the board of trustees, who shall examine and compare the same, and issue certificates to the persons found to be elected. 122. [Proposition Failing, A Vote may be had Again in Two Years.} If it be found that a majority of the votes cast upon the said proposition in the election provided for in section 100 to be cast against said tax, then the said tax shall not be levied or collected. But the question of voting the said tax may, after the expiration of two years from the first or any subsequent vote, be again submitted to the legal voters of said district upon the conditions and in the manner prescribed for the first vote. 123. [Colored Graded Free Schools.] The provi- sions of this law shall apply to such graded common school districts as may be applied for and organized by the colored people of this Commonwealth, and such districts and graded schools may be or- ganized by them, in all cases, the same as the white districts herein provided for or organized. In that case the word "colored" is to be substituted for the word "white" whenever it has occurred heretofore in this law. No white person shall vote at any election held by the colored people under the provisions of this law; nor shall the property of any white person be taxed to maintain any graded common school for colored children; nor shall the property of any colored person be taxed for the benefit of any graded common school for white children; nor shall any white child attend any graded common school for colored children organized under the provisions of this law; nor shall any colored child attend any graded common school for white children. 124. [Fifth and Sixth Class Cities, or School Or- ganized by Special Act, May Accept Provisions, etc.'] The provisions of this article shall not affect or in any way interfere with any graded common school or schools maintained by any city of the fifth or sixth class, or any town or school district organized by virtue of a special act of the General Assembly, unless the said city, town or district shall, by a majority vote, indorsed by the recorded action of the board of trustees, accept the provisions of this article for the government of the said school or schools in any election held under the written order of the county judge, or of the may or of said city, in the manner and under the restrictions of sections GRADED COMMON SCHOOLS. 67 100,101,102andl03,in which election nothing but the matterof such acceptance shall be determined; and the only question propounded to each voter shall be : "Are you in favor of accepting the provisions of the general graded common school law?" In the event of such majority vote in favor of accepting the said provisions, and an en- dorsement by the board of trustees, the graded common school or schools of the said city, town or district, shall thereafter be gov- erned by and subject to all the preceding provisions for graded common schools. 125. [First, Second, Third and Fourth Class Cit- ies Provisions.] The provisions of this article shall not affect, or in any way interfere wjth, any system of graded common schools established and maintained by any city of the first, second, third or fourth class, by virtue of a general or special act of the General Assembly. Any city of the first, second, third or fourth class may accept the provisions of this law, and establish graded common schools, subject to all the provisions thereof, except as specially hereinafter provided in this section, by a majority vote, indorsed by the recorded action of the board of trustees, at an elec- tion held in the manner prescribed in section 122. In the event of a majority vote in favor of accepting the said provisions, and an indorsement by the board of trustees, the following provisions shall apply to the graded common schools of such city of the first, second, third or fourth class, instead of the corresponding provisions in the preceding sections of this article: (1.) An order for the hold- ing of an election, as first provided in section 100, may be made by the mayor, and the said mayor shall, in such case, perform all the duties required of the county judge in carrying into effect the pro- visions of the law; the number of petitioners shall be one hundred instead of ten; the election shall be held by the officer whose duty it is to hold other city elections; the approval of the county super- intendent shall nut be required in the petition; and the location and site of any proposed schoolhouse shall not be required to be set out in the said petition. (2.) The maximum limit for the cost of any school building shall be one hundred thousand dollars ($100,000), instead of fifteen thousand dollars ($15,000). (3.) The number, name and style of the board of trustees shall be determined by themselves instead of the number being limited to six ; but the number of trus- 68 GKADED COMMON SCHOOLS, tees in no case shall exceed one more than the number of wards in the city. (4.) The length of the term, the order of retirement, the date of election of trustees, may be fixed by the charter of said city, but the term of office shall in no case exceed four years. (5.) Principals and teachers shall not be required to hold county cer- tificates. (6.) The president of the board of trustees may be elected from the city-at-large, if the said board shall so determine. (7.) The Superintendent of Public Instruction shall pay directly to the treasurer of the city graded common schools the pro rata portion of school funds due said city from the State. (8.) The aggregate amount of the outstanding bonds issued by the board of trustees shall not, at any given time, exceed 2 per cent, of the taxable prop- erty of the city, instead of the bonds so issued being limited in amount to fifteen thousand dollars (f 15,000). (9.) The assessment of property made by the city assessor, and equalized according to law, shall be made the basis for collection of city taxes for school purposes of every kind, and the said taxes shall be collected by the city collector at the time of collecting other city taxes, and he shall be responsible on his official bond for the same. 126. [Tax to Complete Buildings and Pay Old Debt.] The board of trustees of graded schools maintained by taxation, and designed for the education of children residing within certain boundaries, may, in cases where the tax now imposed in such districts is not sufficient to pay for the school buildings which have heretofore been completed but not paid for, issue bonds of such districts for an amount equal to the sum due for completing the school buildings, and impose annually a tax of not exceeding twenty-five cents on each $100 worth of property in the district, in addition to the tax now imposed in such districts, to pay the bonds so issued and the interest thereon; and the fore- going provisions shall apply as well to like schools under the au- thority and management of a board of education or other authority of a district, town or city; and in cases where bonds were issued prior to the adoption of the present Constitution, by authority of special laws, and have matured without being paid, the board of trustees, board of education, or other authority of a town, city or district, may issue the bonds of the district, town or city to an amount equal to the sum still due and unpaid, under the conditions- and restrictions herein imposed. * For amended provision as to paying old debt, see page 84, act marked II.. GKADED COMMON SCHOOLS. 69 127. [Interest on Bonds Limited.] The bonds so is- sued shall bear not exceeding six per cent, interest per annum, and shall be issued by a majority of the trustees, and in such manner as they may deem best, and shall be payable at such times and at such places and in such amounts as they may determine; and the tax to pay the bonds and interest shall be imposed by an order signed by a majority of the trustees, specifying the annual tax to be imposed. 128. [Assessment and Collection Governed by 79.] The tax so imposed shall be paid on the assessment value of the property in the district as ascertained by the assessment made for State and county purposes next preceding the collection of the tax, and shall be collected in the same manner as is provided for Che collection of district taxes by section 79 of this chapter, and the same penalties shall be added for a failure to pay the same; and the same compensation shall be paid for its collection as is paid for collecting the State revenue. 129. [Tax to Pay Bonds and Interest When Lev- ied.] The board of trustees shall annually, on the second Monday in May, impose the tax, and when paid the treasurer of the board shall at once apply the same to the payment of the bonds and interest as required by the board. When the bonds and interest are paid the tax shall not be levied or collected, nor shall the trustees, or any of them, receive any compensation for their services under this law. 130. [Who to Sign Bonds-Settlement Of Ac- counts.] The bonds herein provided for shall be signed by the chairman of the board of trustees of the graded school and counter- signed by the secretary. The collecting officer and the treasurer of the board of trustees shall settle their accounts with the board on or before the first Monday in January each year, and the board may require them to state their accounts as often as once every three months. 70 TEACHERS. XI. TEACHERS. 131. Qualifications of teachers and cer- tificates of qualification. 132. Conditions upon which State di- ploma may be granted; good un- til holder fails for two successive years to teach ; county superin- tendent may, for cause, refuse to recognize it for his county. 133. State certificate conditions; exam- inations held in the counties ; good for eight years; county superin- tendent may refuse to recognize. County certificates of three grades how obtained; tenure; when to be revoked ; conditions on which one of first-class may be renewed. 134. Teacher must grade school, keep grade register, and make reports. 135. State Superintendent shall furnish blanks. Teacher's duty as to re- ports. Penalty for making false monthly return. 136. Teacher shall enforce course of study; must observe rules and regulations prescribed by law; pupil may be dismissed for cause. 131. [Certificates of Qualification.] There shall be three grades of certificates issued to teachers of common schools : First, a State teacher's diploma; second, a State teacher's certifi- cate, and third, a county certificate, which may be a first class, sec- ond class or third class. Before any person shall be qualified to teach any common school, such person shall obtain one of these three grades of certificates. 132. [State Diploma.] State diplomas may be issued by the State Board of Examiners after a personal examination held at the State Capitol on the last Wednesday of June and August of each year, upon the subjects embraced in the common school course of study, and also upon the science and art of teach- ing, psychology, English literature, algebra, higher arithmetic, geometry, physics and elementary Latin. In order to be entitled to a State teacher's diploma, the applicant, in addition to attaining on the required examination an average grade of not less than 90 per cent., the lowest grade on any subject being not less than 70 per cent., shall be at least twenty-four years old, and shall have taught in the State at least two years, and shall present satisfactory evidence of unexceptionable moral character. A State diploma shall be good in all schools throughout the State, maintained wholly or partly by the State, until revoked by the Superintendent of Public Instruction, or until the holder shall fail for two successive years to be engaged in active school work. It shall qualify the holder for eligibility as candidate for the office of county superintend- ent of common schools, and may, for cause, be revoked by any county superintendent, subject to the approval of the State Board of Education, as far as it applies to his county, of which immediate TEACHERS. 71 information shall be given the Superintendent of Public Instruction. A State diploma shall be impressed with the seal of the State Board of Examiners, and the fee of the applicant shall be five dollars, which shall be paid to the two members, who, with the Superintendent of Public Instruction, compose the State Board of Examiners. [Acts of 1894.] 133. [State and County Certificates.] A State teacher's certificate may be granted by the State Board of Exam- iners upon the recommendation of the county board of examiners, after a written examination held in applicant's county, attaining an average grade of at least 90 per cent., the lowest grade upon anj subject being not less than 70 per cent., upon the subjects em- braced in the common school course of study, and also upon Eng- lish literature, elementary algebra, higher arithmetic, and the science and art of teaching, including the elements of psychology. In order to be entitled to a State certificate, the applicant, in addi- tion to passing the required examination, shall be at least twenty- one years' old, shalll have had two years experience in teaching, and shall present satisfactory evidence of unexceptionable moral character. The questions for the examination of applicants for State certificates shall be forwarded by the State Board of Examiners, with the questions for the June and August county examinations, at the same time, in the same package, and be preserved and opened at the same time as the questions for county certificates. The applicants for State certificates shall be examined on the same days upon which the applicants for county certificates are exam- ined, in June and August, and immediately, upon the close of the examination for State certificates, the county superintendent shall collect the papers of each applicant for a State certificate, preserve them from all inspection, make such examination of them as will enable the said county board, with their personal knowledge of the applicant, to make a recommendation to the State Board of Exam- iners that a State certificate should or should not be granted, and forward the same by registered mail to the State Board of Exam- iners, with a recommendation as to the granting of a State cer- tificate. No applicant shall be examined for a State certificate, unless the said applicant is known to the county superintendent to possess an unexceptionable moral character, and to possess the 72 TEACHERS. age and experience herein required. With the answers, as for- warded to the State Board of Examiners, the county superintendent shall inclose a written statement in proper form, signed and sworn to by at least two members of the local examining board, that the examination had been held in strict accordance with the law, and that the applicant had not, either directly or indirectly, received any assistance, and that the moral character of the applicant is unexceptionable. If the answers and statements are deemed suffi- cient, if the recommendation of the county board be favorable, the State Board of Examiners may issue a State certificate, which shall entitle .the holder to teach in the common schools of the State, graded or city schools, for a period of eight years, unless revoked by the Superintendent of Public Instruction, or unless the holder shall fail for two successive years to be engaged in active school work. At the expiration of the time for which it was granted, if it shall not have been revoked by the Superintendent of Public Instruction, and if the holder shall not have failed for two success- ive years to be engaged in active school work, a State certificate may be renewed for another eight years by the State Board of Exam- iners without additional fee, upon the recommendation of the board of examiners of the county whereof the holder shall at that time be a resident. Any county superintendent may, for cause, revoke a State certificate as far as it applies to his county, of which im- mediate information shall be given to the Superintendent of Public Instruction, and be subject to his approval. A State certificate shall be impressed with the seal of the State Board of Examiners, and the fee charged the applicant shall be four dollars, besides the registration fee for forwarding the answers, of which one dollar shall be paid to the county board of examiners. The proceeds of the fees for examination for State certificates, and of the examina- tion of candidates for county superintendent, shall be divided be- tween the two professional members of the State Board of Exam- iners, in proportion to the services rendered by them. County certificates shall be first class, second class, or third class, and shall apply only to the county in which they are issued, and shall be good for four years, two years and one year respectively. Third class certificates shall not be issued more than once to the same person in any event. After July 1, 1894, a certificate of the third class shall not entitle the holder to teach in any district reporting TEACHERS. 73 fifty-five or more pupil children, nor shall a certificate of the second class entitle the holder to teach in any district reporting seventy- five or more pupil children. A county certificate of the first class shall require an average grade of 85 per cent, upon all the subjects of the common school course, and upon the science and art of teach- ing; and the lowest grade in any subject shall not be less than 65 per cent. A county certificate of the second class shall require an average grade of 75 per cent., and the lowest grade on any sub- ject shall not be less than 55 per cent. A county certificate of the third class shall require an average grade of 65 per cent., and the lowest grade on any subject shall not be less than 50 per cent. If, at any time, the holder of a county certificate shall be found incompetent, inefficient, immoral, or otherwise unworthy to be a teacher, the county superintendent shall revoke the certificate of such person; and any teacher dismissed from school on such grounds shall be entitled to receive payment for services only up to the time of dis- missal. Nothing in this act shall be construed to require any teacher now holding a teacher's certificate to be re-examined until the expiration of said certificate. A person having taught for eight consecutive years in the same county under first-class certificates, obtained as hereinbefore provided, may have the last one renewed annually for four years by the county superintendent, who shall write upon it "Renewed," sign officially, and give date of such re- newal. [Acts of 1893.] 134. [Must Grade School, Keep Grade Book, and Make Reports] It shall be the duty of each teacher of a com- mon school to keep such register of the school as the State Superin- tendent may require of and furnish to him as needed, through the county superintendent. The teacher's register shall be the property of the district; shall be systematically graded for at least four years' work; shall be well preserved, without mutilation or useless marking; shall be in the care of the teacher during the school term, and, at the close thereof, shall be delivered to the chairman of the board of trustees, who shall be responsible for it, and deliver it to the teacher at the opening of the next school term, and it shall be open at all times to the inspection of the trustees and the county superintendent. The section allotted to each year shall be divided into two parts, designated as monthly 74 TEACHEKS. summary and term summary. The monthly summary shall show the day of the week and day of month upon which the term began ; the day of the week and of the month of each day taught; the num- ber of pupils enrolled; the number in attendance each day; the name, sex and weekly standing of each pupil in each subject, and such other 4 facts as the Superintendent of Public Instruction may desire. On the last day of each month taught, the teachers shall sum up and place at the end of the record for the month the facts herein required to be kept, with the day of the week and month on which the school month closed; the highest and lowest number of pupil children in attendance, and the average percentage of the attendance of the whole number of pupil children in the district. The term summary shall show the monthly statement made at the end of each month, the percentage of the enrollment of the whole number of pupil children in the district, the highest, lowest and average number of children in attendance, the average percentage of the children of the district in attendance, the number of pupils in each class, the name of the text-book used in each class, the point reached by each pupil in each book at the close of the term, the names of all pupils that should be advanced, the class of the teacher's certificate, his average monthly salary, and such other facts as may be required in the register. 135. [Superintendent of Public Instruction to Furnish Blanks Character of Reports.] The Super- intendent of Public Instruction shall provide for each teacher a blank monthly report for each month to be taught, and also a blank term report. At the end of each month taught, the teacher shall fill the monthly report of that month from the facts summed up in the monthly summary of the register, and shall present the monthly report to the chairman of the board of trustees, who shall carefully examine it, and if found correct he shall, if requested by the teacher, fill out and sign a certificate attached to the monthly report, certifying that the month has been legally taught; and upon the chairman's certificate the teacher shall draw his salary from the county superintendent for the month so certified, after the monthly report has been duly delivered to the county superinten- dent. Within ten days after the close of the last month of the term, the teacher shall make out the term report from the term sum- mary in the register; shall present the term report, the last monthly TEACHERS. 75 report, and the teacher's register to the chairman, who shall care- fully inspect them and approve the report, if correct, make out the chairman's annual report, and shall then give the teacher certificates for the month or months not previously certified, and shall place the chairman's annual report in the teacher's hands for delivery to the county superintendent. Nothing herein shall be construed to pre- vent a chairman of the board of trustees from certifying to, or a county superintendent from paying for, a fraction of a month in any case in which the teacher, from sickness or other disability, shall be unable to continue the school. Any teacher who shall make a false monthly or term report, or any chairman of trus- tees who shall give a certificate of a month or months taught before he has carefully examined and approved the report of each month, or any county superintendent who shall make a payment upon a teacher's salary, except upon the chairman's certificate, shall be guilty of a misdemeanor, and, on conviction, be fined fifty dollars for each offense. 136. [Required Duties Penalty for Willful Re- fusal Or Neglect Authority Appeal.] Teachers shall faithfully enforce in school the course of study, the use of the text-books adopted in the county, and the regulations prescribed in pursuance of law; and if any teacher shall willfully refuse or neg- lect to comply with such regulations, the county superintendent, on petition or complaint of the trustees, may remove or dismiss him; and in case of such dismissal or removal, the said teacher shall receive payment only for the time taught. The teacher is authorized and directed to hold each pupil to a strict accountabil- ity for any disorderly conduct on the play-ground, or during any intermission or recess, or on the road to and from school; and for good cause he may suspend any pupil; but such suspension shall be immediately reported, in writing, to the chairman of the board of trustees. In cases of suspension, the action of the teacher shall be final unless reversed by the trustees. Either party may appeal from the decision of the trustees to the county superintendent, whose decision shall be final. But no teacher shall be required or under any obligation to teach any other than the common school branches prescribed by the State Board of Education in the com- mon schools, unless it shall be so specified in a written contract with the trustees. 76 TEACHERS' INSTITUTE. XII. TEACHERS' INSTITUTE. 137. Duty of County Superintendent; object in organizing and holding Teachers' Institute; how many days must occupy and in what months must be held; duty of State Board of Examiners in re- gard to programme and syllabus ; penalty for not holding Institute. 138. County Superintendent must em- ploy one or more able and exper- ienced Institute Conductors. 139. State Superintendent may annually call a convention of Institute Con- ductors. 140. Who required to attend full session of the Institute ; penalty for fail- ure or neglect to attend full ses- sion unless from sickness or other disability ; after County Institute held, only conditions on which a certificate to teach can be granted ; during Institute, schools in session shall be suspended ; time for which the teachers shall have credit. 141. Adjoining counties, not exceeding four, may hold Joint Institute; Superintendents must employ at least two able Conductors. I 142 County Superintendent shall be present during entire session of the Institute; his duties concern- ing daily register prescribed ; what fee from each member may be col- lected and for what purposes. 143. Duty of County Superintendent in selecting a proper place for hold- ing the Institute ; when and how notify Trustees as to time and place of holding the Institute, and to post notices thereof; duty of each Trustee to notify promptly every teacher in his district. 144. Superintendent of Public Instruc- tion may recommend able and experienced normal instructors to conduct, the Institutes, whose pay shall be derived from the Institute fund. At each session of the Institute every subject relating to the work of the Teacher, must be properly exhibited. County Teachers' Association dur- ing Institute its composition, office, and object. County Superintendent shall, in his annual report, make special report of the Teachers' Institute and of the Teachers' Association. 145. 146. 147. 137. [Organization Object Time Programme and Syllabus Penalty-] It shall be the duty of each county superintendent to organize, and cause to be held annually, a teachers' institute for the normal instruction, improvement and better qualification of the teachers of his county. The institute shall occupy not less than five nor more than ten days, and shall be held between the first day of July and the first day of November. The Superintendent of Public Instruction, and the two professional members of the State Board of Examiners, shall constitute a com- mittee on programme to prepare and place in the hands of each county superintendent, not later than June first of each year, a programme of the work of the institute, and a syllabus of each sub- ject of instruction. The programme and syllabus shall be furnished each member of the institute, and shall be faithfully and efficiently carried out. Any county superintendent, who shall willfully fail or neglect to hold the annual institute as prescribed in this article, shall be fined fifty dollars. [ Acts of 1894. ] TEACHEKS' INSTITUTE. 77 138. [One Or More Able and Experienced Con- ductors to be Employed.] Each county superintendent of the State may employ one or more able and experienced institute instructors to direct each institute held by him, and to instruct the teachers thereof. 139. [Convention Of Institute Conductors Ob- ject Of.] Beginning in 1804, the Superintendent of Public In- struction may, annually, call all the professional institute workers of the State into institute convention at the State Capitol, during the month of May, for the purpose of better organization and more effective management of institute work. At the said institute con- vention, the whole subject of institute work shall be thoroughly discussed, and the best plans for prosecuting it throughout the State shall be adopted and used in all counties. The said institute con- vention may suggest to the committee on programme principles, subjects and methods of (for) incorporation on the programme syl- labus. 140. [Who Must Attend Institute Penalty for Non-attendance, Etc.] Every teacher of a common school, including teachers of the graded common schools in cities of the fifth and sixth classes who hold a State diploma, State certifi- cate or county certificate, or who contemplates applying for cer- tificate of qualification to teach in the common schools, shall at- tend the full session of the institute in his home county unless he is teaching in another county in which the institute is yet to be held, or has attended the institute of a county in which he has a contract to teach. If teaching in a county other than his home county, whose institute is yet to be held, he must attend the full session of the latter. The county superintendent shall revoke the certificate of any teacher who shall fail or neglect to attend the full session of the institute, unless the superintendent shall be fully satisfied that such failure has been caused by actual sickness or other disability. After the county institute has been held, it shall be unlawful to grant any person a certificate to teach at any time during that school year, unless the said person shall have attended the full session of the institute of that or some other county during that school year, or unless the county superintendent shall be fully satisfied that the failure to attend the institute has been caused by 78 TEACHERS' INSTITUTE. sickness or other disability. Daring the institute there shall be a suspension of such other schools as are in session, but no reduc- tion of the teacher's salary shall be made on account of such sus- pension except as hereinafter provided. The time of actual at- tendance upon the institute in days and parts of days shall be ac- credited to the teacher if the institute be held during the session of his school. At the close of the institute the county superinten- dent shall give to each teacher or other person in attendance a certificate of the number of days and parts of days that the teacher or other person had attended, which certificate of attendance shall be filed by the teacher with the chairman of the board of trus- tees of the district, who shall make report thereof to the county superintendent at the time of reporting the school. 141. [Joint Institutes Two Conductors To be Engaged Record.] Any adjoining counties, not exceeding four in number, may combine and hold a joint institute: Provided, The county superintendents of all the counties concerned shall agree upon the plans necessary to the purpose; that each of them shall attend the full session of the said joint institute, and keep the record provided in section 142, and that at least two able and ex- perienced instructors are employed, if more than two counties are combined. 142. [Duties of County Superintendent Pro- ceedings to be Published in Local Paper.] The coun ty superintendent shall be present during the entire session of the institute; shall have the roll called every morning and afternoon; shall keep a strict daily register of the presence, absence and tardiness of the teachers and other members, and of the exercises of the institute, and, after the close thereof, shall have the proceed- ings printed in one or more newspapers. He may collect two dol- lars, but in no case shall he collect less than one dollar from each teacher or other person in attendance on the institute, except honor- ary members, and twenty-five cents of the sum so collected from each person shall be paid into the county library fund. From the fees collected from the teachers and other persons in attendance the county superintendent shall pay all necessary expenses of the institute. The proceedings shall be published in such local papers as will do this without charge, and one copy shall be forwarded to TEACHERS' INSTITUTE. 79 u ^""^Superintendent of Public Instruction. Any residue, after the payment of institute expenses shall also be paid into the county library fund. In case of a joint institute, any surplus fund shall be prorated among the counties concerned. 143. [Selection Of Proper Place for Institute- Notices Of] In selecting a proper place for holding the teach- ers' institute, the county superintendent shall decide with reference to the convenience and accommodation of the place, and shall endeavor to make such arrangements as he best can for economiz- ing and reducing the expenses of teachers while in attendance. He shall, twenty days before the institute begins, notify by mail the trustees of his county of the time and place of holding it; and it shall be the duty of each trustee to notify promptly every teacher in his school district. The county superintendent shall likewise direct the trustees of each district to post notices thereof. 144. [Normal Instructors be Recommended. The Superintendent of Public Instruction may, when requested by a county superintendent, recommend able and experienced normal instructors to conduct the teachers' institute, whose pay shall be derived from and paid by the county superintendent out of the funds raised from the teachers and other members of the institute. 145. [Subjects of Instruction.] At each session of the institute, every subject embraced in the common school course shall be brought before the institute, illustrated and described, and every feature of school organization and school management, together with the whole work of the teacher, shall be considered, and the common school laws of the State read and expounded. 146. [County Teachers' Association.] During the session of the institute there shall be held a county teachers' asso- ciation, and one hour in the afternoon or the night meeting shall be daily set apart for this purpose. The association may be composed of all the officers and teachers of common schools present, and shall be called together by the county superintendent, who shall be ex officio president. The objects of such association shall be, primarily, to discuss and devise the best ways and means of promoting the interest of education, the improvement of teachers, and the methods of teaching, and especially to devise means for securing better school- 80 COUNTY AND DISTRICT L1BKARY. houses, better attendance, and local aid for common schools. The said association shall be a permanent organization, with one vice- president for each magisterial district, to be elected or appointed; and shall hold at least one meeting in each magisterial district, besides the meeting at the institute, during the first six months of each school year. Every teacher shall attend at least the meet- ing held in the magisterial district in which he shall teach, and upon failure to do so, shall teach an additional day during the school month following such failure, unless he shall satisfy the county superintendent that such failure was caused by sickness or other actual inability. The county superintendent shall attend each meeting of the association, and shall prepare or have prepared a programme of the exercises therefor. 147. [Report of County Superintendent,] The county superintendent shall, at the time of making his annual re- port to the superintendent, also report the time and place of hold- ing the teachers' institute, the name of the person or persons con- ducting the same, the. number of persons registered as in attendance, the number of teachers of common schools in the county who did not attend the institute and teachers' association; and such other facts as he may deem of value and interest. XIII. COUNTY AND DISTRICT LIBRARY. 148. County Library for Teachers. To be in care of County Superintend- ent, for whose benefit; Institute fees and donations to constitute fund. 149. County Library Committee to con- sist of Superintendent and two persons annually elected by Coun- ty Institute; character of record; report to be made to Superintend- ent of Public Instruction. 150. Organization and management of a library in connection with a dis- trict school ; proviso none of the school revenues from general tax- ation shall be used for benefit of the library. 151. Trustees shall have control over the library ; shall be accountable for its care and management, and make annual report concerning it to County Superintendent. Trus- tees may receive donations to it; forbidden books; library free to all pupils of suitable age belong- ing to the district; conditions of membership to other residents of the district. 148. [County Library By Whom Kept Funds- How Provided.] There shall be a county teachers' library in each county of the Commonwealth, to be kept under the care and in the office of the county superintendent, for the exclusive use and benefit of the teachers of the county. The sums col- lected for the purpose at each annual institute, and all sums added DISTRICT AND COUNTY LIBRARY. 81 thereto by donation, shall constitute the county library fund, which shall be kept and accounted for by the county superintendent. 149. [Library Committee Of Whom Composed- Duties.] The county superintendent, as chairman, and two per- sons annually elected by the county institute, shall constitute a library committee, for the selection and purchase of books, period- icals and furniture, and for the adoption of rules for the management of the library under the regulations of the State Board of Education. The Superintendent of Public Instruction shall supply each of these libraries with a bound copy of each edition .of the school law, of his biennial reports, and other publications of his department. The Library Committee shall keep a permanent record of its acts and accounts open at all times to the inspection of the teachers; and, through its chairman, shall annually report to the county in- stitute an itemized statement of all sums received and expended; the number, names and cost of books and other articles purchased; all donations of books and periodicals, with the names of the donors; the number of books belonging to the library; the number in the library; the number on loan, and such other facts as may be re- quired; and, in his annual report to the Superintendent of Public Instruction, the county superintendent shall state the sums re- ceived, the sums expended, the number of volumes in the library, and the increase during the year. (Acts of 1804.) 150. [Organization and Management of District Library.] When, by contribution, purchase or otherwise, forty volumes can be collected for such purpose, the district trustees may organize a district library in connection with the school of the district, which shall be for the use of the district in which the same is located. They may make such suitable arrangements for keeping the books and periodicals of the said library as may be necessary, and may appoint a suitable person to take charge of the same, and to manage it according to such rules as they may pre- scribe, subject to the regulations prescribed by the county board of examiners. 151. [Trustees to have Control of District Li- braryRegulations.] The trustees shall have the same control over the library as over the other school property; may re- ceive donations of books, maps, charts, and otlu'i- works of interest. 6 82 COLORED SCHOOLS. But no books of a sectarian, infidel, or immoral character shall be placed in the library; and any such books found therein shall be removed by order of the trustees or of the county superintendent. The library shall be free to all pupils of suitable age belonging to the schools of the district, but any resident of the district may become entitled to the privileges upon the payment of such a sum of money for membership as the trustees may prescribe. XIV. COLORED SCHOOLS. 152. Disposition of all sums arising from any donation, gift, grant, or devise, to aid in the education of the col- ored children of this Common- wealth, or of any county or school- district therein. 153. Pupil-children shall be between the ages of six and twenty years, and census shall be taken and reported at the same time and in the same manner as the census of white children. 154. Time and manner of electing Trus- tees; taxes and services for benefit of schools, voting for Trustees, and attendance at schools distinct for each race. 155. The School Officers and Teachers shall be organized into Teachers' Institutes, for themselves, as pro- vided in % 137-147. 152. [Donation Gift Grant Devise.] All sums arising from any donation, gift, grant or devise by any person what- ever, wherein the intent is expressed that the same is designed to aid in the education of the colored children in this Commonwealth, or any county or school district therein, shall be held and used for the purposes specified in such donation, gift, grant or devise; and the Superintendent of Public Instruction, county superintendent of common schools of the county, and trustees of colored common school districts, shall receive such donations, gifts, grants, or devise for the benefit of the colored schools of the State or particular county or district, respectively, and shall hold and use the same as requested by the donor or devisor. 153. [Pupil Age Annual Census How Districts Shall be Designated.] The number of colored children in each district, between the ages of six and twenty years, shall be taken and reported at the same time and in the same manner as required by law for taking the census of white children. All col- ored districts shall be designated by letters in alphabetical order for each county, as District A, District B, and so on. COLORED SCHOOLS. 83 154. [Election of Trustees District Taxes, Voters and Schools-] Colored school trustees for each col- ored school district shall be elected at the same time and in the same manner that white trustees are elected; but no tax shall be levied upon the property or poll, or any services required of any white person for the benefit of a school for colored children; and no tax shall be ievied upon the property or poll, or any services re- quired of any colored person for the benefit of a school for white children; and no colored person shall be allowed to vote for a trus- tee of a white school, and no white person shall be allowed to vote for a trustee of a colored school. It shall not be lawful, under any of the provisions of this chapter, for any white child to at- tend any common school provided for colored children, or for any colored child to attend any common school provided for white chil- dren. 155. [County Teachers' Institute.] The colored school officers and teachers shall be organized into teachers' insti- tutes for themselves, in the same manner, and to the same extent, as provided for in sections 137 to 147, inclusive. 156. [Penalties Prescribed How Enforced. ]- All duties which are required of any officer under this chapter shall be performed by them under the penalties herein prescribed; and when no penalties are prescribed, then the officer failing to per- form the duties imposed shall be guilty of a misdemeanor, and, upon indictment in the circuit court of the county in which said misde- meanor may occur, shall be subject to a fine in any amount, in the discretion of the jury, and the Superintendent of Public Instruction shall give information of all failures or neglect of duty which come to his knowledge to the attorney for the Commonwealth in the county in which the failure to perform or neglect of duty shall oc- cur. The Superintendent of Public Instruction shall issue, as occa- sion demands, a circular letter to the circuit judges of the State, set- ting out the methods by which frauds have been committed against the State school funds, and other violations of the school law perpe- trated, and request that they call the attention of the grand juries to the same. [ Acts of 1894. ] 157. [Emergency Why Existing.] As a large num- ber of pupil children in the State are deprived of an opportunity 84 ENFORCED ATTENDANCE. to attend a five months' school, by reason of being placed in dis- tricts that maintain only three and four months' schools; and as it is clearly the intention of the law that each child should, at as early a date as possible, have an equal opportunity to obtain a common school education; therefore, an emergency exists, which emergency is hereby declared, and this act shall take effect when approved by the Governor; and all laws and parts of laws in con- flict herewith are hereby repealed. Act approved July 6, 1898; amended by act of March 10, 1894. XV. ENFORCED ATTENDANCE. AN ACT concerning the Education of Children. Be it enacted ~by the General Assembly of the Commonwealth of Ken- tucky: 158. That every parent, guardian or other person in the State of Kentucky, having the control of any child or children be- tween the ages of (7) seven and (14) fourteen years, shall be re- quired to send such child or children, annually, at least eight (8) weeks of which attendance shall be consecjitive, to some public or private day or night school for children: Provided, however, That this act shall not apply in any case where the child has been or is being taught at home in such branches as are taught in public schools for a like period of time and subject to the same examin- ations as other pupils of the district or city in which the child resides, or whose physical or mental condition renders his or her attendance impracticable, or who is excused by the trustees of the public school district or the board of education of the city in which the parent, guardian or person having control resides, upon its being shown to their satisfaction that the parent, guardian or per- son having control was not able, by reason of poverty, to clothe such child properly, or that he or she has already acquired the or- dinary branches required by law, or that there is no white school, in the case of white children, or colored school, in the case of col- ored children, taught within two (2) miles by the nearest traveled road. 159. Any parent, guardian or other person failing to comply with the provisions of this act shall forfeit to the use of the schools- in the city, town or common school district in which such child re- sides, a sum not less than (|5) nor more than twenty ($20) dol- lars for the first offense, nor less than ten ($10) nor more ENFORCED ATTENDANCE. . 85 than fifty ($50) dollars for the second and every subsequent offense, and costs of suit. 160. It shall be the duty of any school trustee or president of the Board of Education to inquire into all causes of complaint and neglect of duty prescribed in this act, and he shall notify in writing the parent, guardian or other person so offending that such complaint has been made, and if the cause be not shown within five (5) days, to at once proceed against the responsible persons as is hereby provided; and any school trustee or president of the Board of Education neglecting to undertake such prosecution in good faith for such offense, within ten (10) days after a written notice has been served on him by anj tax-payer in said district or city, unless the person so complained of shall be excused by the district or city board, or Board of Education, for the reasons hereinbefore stated, shall forfeit to the public schools in the city, town or com- mon school district in which said trustee or president of the board of education resides, a sum not less than ten ($10) nor more than fifty ($50) dollars. 161. Any person having control of a child, who, with intent to evade the provisions of this act, shall make a willfully false statement concerning the age of such child, or the time such child has attended school, shall forfeit for each offense a sum not less than five ($5) nor more than twenty ($20) dollars, for the use of public schools for such city, town or district. 162. Any fine or penalty mentioned in this act may be sued for, and recovered before any court of record or justice of the peace of the proper county, in the name of the Commonwealth of Kentucky, for the use of the public schools of the city, town or district in which said child resides. 163. That upon the trial of any offense as charged herein, if upon such trial it shall be determined that such prosecution was malicious, then the cost in such case shall be adjudged against the complainant, and collected as fines in other cases. 164. The conditions and provisions of this act shall apply to any parent, guardian or person having control of any colored child or children, in like manner as in sections 159, 160, 161, 162, and !<>:',, but no white child shall be permitted to attend or become a pupil in any school for colored children, and no colored child shall be 86 ENFOKCED ATTENDANCE. permitted to attend or become a pupil in any school for white children. [Sections 158 to 164, inclusive, became a law March 28, 1896, without the signature of the Governor, ten days after the adjourn- ment of the Legislature and became effective June 15, 1896, ninety days after the adjournment of the Legislature. I SCHOOL LAWS OTHER THAN THOSE FOUND IN CHAPTER 160, ACTS OF AS- SEMBLY 1892--93. AND CONTAINED IN THE PRECEDING PART OF THIS WORK. I. A TAX TO REIMBURSE TRUSTEES. AN ACT to provide for the levy and cojjection of a tax in certain common school districts to pay off indebtedness incurred by the trustees of such school districts in erecting and furnishing schoolhouses. WHEREAS, The trustees of some of the common school dis- tricts in this State have borrowed money, and have expended the same in erecting and furnishing schoolhouses in their respect- ive districts; and whereas, the present rate of taxation authorized by law is wholly insufficient to pay off and discharge such indebt- edness so incurred within a reasonable time; now, therefore, Be it enacted ~by the General Assembly of the Commonwealth of Ken- tucky: 1. That the trustees of all common school districts in this State, in which said trustees have heretofore borrowed or furnished money, and have expended the same in erecting and furnishing schoolhouses in their respective districts, and where the indebted- ness so incurred remains unpaid, and the present rate of taxation authorized by law is insufficient to raise a sum in said districts suffi- cient to pay off and discharge said indebtedness within two years, the said trustees are authorized and empowered to order a tax, not exceeding the sum of twenty-five cents on each one hundred dollars' worth of taxable property in their respective districts, each and every year hereafter, until a sum sufficient has been raised to pay off and discharge such indebtedness so incurred. 2. Said tax should be levied and collected as provided by law for the levy and collection of the present school tax: Provided, That no tax shall be levied or collected from thj 180. No fees or perquisites shall be received by said secre- tary. Interests paid on deposits must be accredited to the board. 181. The board shall elect for a term of two years a superin- tendent, who shall perform such duties as may be prescribed by the board. 182. In investigation of charges or complaints against any of its members, officers, principals, teachers or other employes, the board, or its committee on grievances, shall have the power to sum- mon witnesses, and by its chairman administer oath. Any willful disregard of said summons or process may be punished by any judge of the circuit court on complaint of the board as contempt of such court is punished. is:*. The board may punish its members for misconduct by reprimand or expulsion from office, and punish its officers, prin- cipals, teachers and employes by reprimand, suspension, forfeiture of pay or dismissal, as it may judge appropriate for the offense com- mitted. Any officer or member of said board who shall receive any money or other thing of value, directly or indirectly, for his vote or influence in favor of any measure upon which he shall act officially, shall be deemed guilty of a felony, and, upon conviction thereof, be confined in the penitentiary not less than two nor more than ten years. 1S4. To raise money for the maintenance of the schools the general council shall, in the year 1893, and annually thereafter, cause to be levied and collected a tax of not less than thirty-three cents on each one hundred dollars' worth of property assessed for 104 PUBLIC SCHOOLS IN CITIES OF THE FIRST CLASS. taxation for city purposes. Upon the completion of the assess- ment of property for taxation the amount levied as above shall annually be passed to the credit of the school fund upon the books of the city, and the said amount, as collected, shall be paid over to the board by the treasurer in regular weekly installments, the first payment to be made within one week after the collection of said amount shall have been commenced, and the other payment to be made weekly thereafter in current money by the said treasurer as collected. 185. For the maintenance of the schools there shall be appro- priated the sum or sums which may have been received from year to year as the city's portion of the school fund of this Commonwealth. 186. So much real, personal or mixed property in the city which, from alienage, defect of heirs, failure of kindred or other causes, shall escheat to the Commonwealth of Kentucky, shall vest in the board for the use and benefit of the schools. Said board may, in the name of the Commonwealth, for the use and benefit of the public schools of the city, by its president or other officer to be desig- nated by it, enter upon and take possession of said property, or sue for and recover the same by an action at law or in equity, and witn- out office found. The board may sell and convey any of such prop- erty by warranty deed or otherwise. 187. The board shall have the power to examine, or cause to be examined, by competent persons, all applicants for the position of principal, teacher or professor in the schools. 188. .4 certificate granted to any person shall be void, if the holder thereof shall not receive regular employment of the board within five years from its date, but may be renewed by another examination. The board may revoke any certificate issued by it for any cause by it deemed sufficient. 189. When a city of the first class establishes and maintains a system of common schools, to which all applying for instruction are permitted to attend free of charge, the same shall be deemed one school district for taxation purposes and entitled to its pro- portion of the school fund. Such city shall, through its proper officers, deputed for that purpose, make* its annual report to the Superintendent of Public Instruction at the time and in a similar manner to that required of trustees of other districts. They shall PUBLIC SCHOOLS IN CITIES OF THE FIKST CLASS. 1Q5 also take the census of the children of school age in the district at least once in five years, and make return thereof to the Superin- tendent of Public Instruction at the same time other school trus- tees are required to make their return, and shall, for neglect or violation of their duties in that respect, be liable to the same penal- ties. The board shall appoint a>suitable person to take the census, who shall take and return the same to it, duly certified as correct. He shall be paid reasonable compensation for his services. For he years in which the census is not required to be taken, the board shall, at the time such returns are required to be made, prepare, mail and cause to be placed in the hands of the Superintendent of Public Instruction a report duly certified of the number of chil- * dren of school age as shown by the last preceding report or census, with such an increase or addition to that number as is ascertained to be the annual increase of the children in the district, upon averaging the yearly increase during the five years next preceding the filing of the report : Provided, however, That the board may cause an actual census to be taken in any of such years, and so report to the Super- intendent as heretofore required to be done in every fifth year. The commissioner of the county in which such cities are located shall have no control over the schools in such districts, but the same shall be governed in all respects as herein provided. 190. No person shall be eligible to the office of trustee of the public schools who has not attained the age of thirty years, and who is not a housekeeper, or who is not the owner of real estate in said city, or who is not a citizen of the United States, or a bona fide resident of the Commonwealth of Kentucky, and of the legisla- tive district of the city for which he is elected, for three years next preceding his election; or who holds or discharges any office, deputy- ship or agency under the city or any district or county, or under the State of Kentucky or any department thereof, or under the United States or any foreign government, except notaries public and militia officers of Kentucky. No person shall be eligible to this office who. at the time of his election, is directly or indirectly interested in any contract with the board, or who holds any office of trust, agency or salary with any corporation which holds any contract with the board, or who is in any way benefited by the appropriations of the board; or whose father, son, brother, wife, daughter or sister is 106 PUBLIC SCHOOLS IN CITIES OF THE SECOND CLAS>. employed as teacher or as professor, or in any other capacity by said board, or in any of the public schools, or who is, directly or indirectly, interested in the sale to the board of books, stationery or other property. 191. If, after election, any member of the board should become a candidate for nomination or for any office or agency, the holding and discharging of which would have rendered him ineligible before his election, or should he remove out of the district for which he was chosen, or should he do or incur anything which would 'uive rendered him ineligible for election, or should any of the relatives above specified be employed by the board, his office shall become vacant and be filled as herein directed. 192. Members of the board shall not be elsewhere called in question for language used in debate. 193. No white child shall become a pupil in any school for colored children, and no colored child shall become a pupil in any school for white children; but schools for white and colored chil- dren shall be kept and maintained separately. Approved July 1, 1893. VII. PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. (ARTICLE IX. OF THE CHARTER.) 1. There shall be maintained a system of public schools, at which all children w r ho are bona fide residents of the city between the ages of six and twenty years may be taught at the public ex- pense, and schools may be opened as a part of said system to teach children of the ages of four, five and six years by the kindergarten method. Said schools shall be under the control of a board, to be styled the "Board of Education," consisting of two trustees from each ward in the city, to be elected, however, by the qualified voters at large of the city. Said board of education shall continue, and they are hereby declared, a body-politic and corporate, under the name and style of "Board of Education," with perpetual succession; and by that name may contract and be contracted with, sue and be sued, have and use a corporate seal, the same to alter or renew at pleasure; may purchase, receive, hold, lease and dispose of real and personal estate for public school purposes. The control and man- agement of the public schools of the city and the property and funds PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS, 1Q7 thereunto belonging, shall be. and is hereby, vested in said board, subject to the provisions of this act. They shall have power to make by-laws and rules, not in conflict herewith, necessary for the discharge of their duties and the government of their proceedings. They shall meet once in each month, or oftener if necessary, but it shall require a majority of the members-elect of said board to con- stii ute a quorum for the transaction of business, and for the appro- priation of money or the execution of a contract, the concurrence of a majority of the members-elect of said board shall be indispens- able, and upon a call for the yeas and nays, to be entered of record. The meetings of said board shall be held in some public place, and a correct record of their proceedings shall be kept in a book pro- vided for that purpose, which shall be a public record, and open to inspection by any officer or citizen of the city. 2. Said board of education shall determine for itself the qual- ification and election of its members. They shall have the power to fill, until the next general election, all vacancies in said board occasioned by death, removal, or otherwise, and all returns of elec- tion shall be made to the clerk of said board, who by direction of the board, shall issue certificates of election. 3. All the property now used for public school purposes in the city, or which may, at any time, be owned by the board of educa- tion, and all the funds or means that may, at any time, come under the control of same, are hereby forever dedicated to the purpose of public schools of the city, and the title to all property, real and per- sonal, and the property itself, in the city, known and used as public school property, are hereby vested in said corporation, and the same shall forever remain free from any debt or liability of the city, and free from any city or State taxation. 4. Said board shall have power to elect and appoint such su- perintendent, principals and teachers as they may deem necessary for the public school, regulate and fix their salaries, and may, at any time, suspend or remove them, or any of them, by a vote of two- thirds of the members-elect of the board. Said board may pur- chase, build or rent any ground, building or buildings necessary or convenient for public school purposes, and may make contracts to that end ; and any property so leased, purchased, or otherwise occu- pied, may be reserved by terms, deed or lease to the public schools 108 PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. of the city; and, if so reserved, shall not be liable for any debt or debts of the city not incurred for public school purposes. Said board may also receive and hold to public school purposes any gift or devise. 5. Said board shall prescribe the branches of education to be taught, the necessary qualifications, and mode of examination, and the number of teachers to be annually admitted to each school. They shall fix the boundaries of the districts within which children shall be admitted to each school; but the majority of said board may permit children residing in one district to attend school in an- other. They may establish high schools and fix a grade of public schools, and prescribe the rules by which pupils may pass from one grade to another, and from the graded to the high school. 6. All children entitled shall have equal right of admission to, and benefits of, said school, wherein no catechism or other form of religious belief shall be taught or inculcated; nor shall any class book be used therein which reflects upon any religious denomina- tion or sect; neither shall any of said schools be so conducted as to interfere with the religious faith or creed of either parents or pu- pils. $ 7. Said board shall, at the end of each scholastic year, prepare and cause to be published, a printed statement showing the number of admissions in, expulsions from, and present number of pupils in each school, with the general condition, and the educational progress made therein; the amount, character and condition of all funds and other property belonging to said schools, together with such other information as may be proper and necessary for the ben- efit of said schools and the general public. "8. Said board shall annually, in the month of January, ap- proximately ascertain the amount of money necessary to be used to defray the expenses of maintaining the schools, improving or con- structing of buildings, and so forth, thereof, and any liquidations of the liabilities during the current fiscal year, and report the same, together with the amount to be received from the common school fund of the State of Kentucky (which amount the board shall ascer- tain by taking the census required by law in April) to the Auditor, and thereupon the general council shall, at the request of said board, levy and collect such taxes as may be requested, and the PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. 1Q9 money arising from said levy shall, under the direction and control of said board, be used for the benefit of the common schools and for the purpose of paying off the indebtedness of said board : Pro- vided, That said levy shall not, in any one year, exceed thirty-five cents on each one hundred dollars' valuation, and ten cents on each one hundred dollars' valuation additional for sinking fund pur- poses, as returned by the Board of Equalization on all taxable prop- erty in the city: And provided further. That this act shall not be so construed as to prevent said board from receiving and expend- ing any sum or sums that may come to them by gift, devise, or any law of the State. The tax bills for all taxes levied by the general council for the public schools shall be made out by the city clerk and included in the tax bills containing the ordinary levy, and shall be collected with the same, by the same officer, and in the same manner that the ordinary levies are collected by the collect- ing officer, and the powers and duties conferred and required of officers in collecting the ordinary city taxes are hereby conferred and required of them in collecting the taxes levied for said public schools; and such collecting officer and his sureties shall be liable under his official bond for any failure to perform his duties, upon which bond suit may be brought for the use of said board and re-, covery had for such amount as shall be found due thereon. All such sums of money, when collected and paid into the city treasury, shall be set apart to, and passed over to, the common school fund subject to, and drawn out only by, the order of said board, as pro- vided by law and ordinances of the said board then existing. Approved March 17, 1896. Takes effect June 15, 1896. 9. Said board shall have power to admit to said schools pupils from beyond the limits of the city, and may collect therefrom tui- tion fees, for the benefit of the school fund of the city, and no chil- dren of persons residing beyond said limits shall be admitted as pupils in any of said schools, except on payment of such tuition fees as said board may require. Said board may elect or appoint such employes as they deem necessary, and shall prescribe and fix the compensation of each, and may dismiss the same at pleasure. 10. Said board may appoint a board of examiners, to consist of not less than two nor more than five competent persons, whose duty it shall be, together with the superintendent, to examine, under such rules and regulations as may be prescribed by the board, 11J . PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. into the qualifications of all applicants for a position as superinten- dent, principal or teacher of said schools: Provided, That no person other than the superintendent, shall be a member of said board of examiners, who shall be employed in or connected with the public schools of the city. Said board of examiners shall receive such com- pensation, and perform such duties as may be prescribed by said board. 11. The said board of education shall provide, maintain and support separate schools wherein all colored children, who are bona fide residents of said city, between the ages of six and twenty years, may be taught in like manner as herein provided for white children. Said colored schools shall be entitled to the same bene- fits, be governed by the same rules and regulations, and be subject to the same restrictions as the schools herein provided for the white children. 12. No member of the board of education, or officer, or teacher, or employe thereunder, shall be, directly or indirectly, interested in any contract, with work done for or by, or furnishing of supplies, or sale of property to or for, the said board, be in arrears to it for money collected or held, without a quietus therefor; having been convicted of malfeasance in office, bribery or other corrupt practice or crime, or hold any office or employment in any company or cor- poration which has been, or is an applicant for any contract with said board (stockholders in such companies or corporations are not, however, herein included); but they shall not vote on, or interfere, directly or indirectly, with any matter or question aft'ecting such company or corporation, in any manner whatever, other than com- mon with the general public, nor use his official position to secure the patronage of the teachers or employes of said board. An;y person violating the provisions of this section shall be guilty of a misdemeanor, and shall forfeit his office or position, and be in- eligible to be a member of, or hold any office or employment under, said board. 13. The board shall have power to establish and maintain a normal school or normal training class for the purpose of train- ing the graduates of the high school and others to be teachers in the schools of the city, and to this end it may prescribe such rules and regulations for the government of said normal school or normal PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. HI training class, and employ a principal and other teachers, as may be necessary for the maintenance of the said normal school or nor- . nial training class. 14. The treasurer of the city shall be treasurer of said board of education, and as snch shall keep separate and distinct from all other funds all moneys, bonds and securities belonging to, or which may hereafter be dedicated or set apart for, public schools, and shall only pay out or deliver. any of said funds, bonds or securities upon the warrant of said clerk, and approved by the president of the board of education, and shall perform such other duties as may be prescribed by said board. 15. Said board shall have power to appoint a clerk, and pre- scribe his duties and term of office, fix his compensation, and pay the same out of the school fund, and shall require of him bond and security, if they deem the same necessary. The proceedings of the board of education, and copies therefrom, certified by its clerk, shall be taken in the same manner and have the same force and ef- fect in courts and elsewhere as are now given to the proceedings of the general council. 16. Said board of education shall have exclusive control of all school funds of the city, from whatever source the same may be derived, including the pro rata of the city from the common school fund from the State of Kentucky. They shall have the right to receive all fines, forfeitures and taxes that may inure to the benefit of the public schools of the city. They shall have power to expend all moneys in the interest of the public schools in the city, and the warrant of the city clerk, and approved by the president of the board, shall be honored by the treasurer to the amount of the school fund in the treasury . - 17. All indebtedness, bonded or otherwise, and all liabilities and contracts of the school board existing at the time this takes effect, and all taxes, funds, sinking funds or other resources that have been pledged or set apart for the payment of the principal of the interest thereof, shall continue unimpaired, and remain of the same force and effect as though the same had been authorized and contracted by the express provision of this law, and said board may refund any debt by the issuance of bonds. 18. No money shall be drawn from the fund unless the same 112 PUBLIC SCHOOLS IN CITIES OF THE SECOND CLASS. has been appropriated by order of the board of education, and no appropriation of money shall be made to be paid out of said school fund, unless the money shall actually be in the treasury to meet the draft; and if any appropriation shall be made, and there shall be no money in the treasury at the time of the making of said ap- propriation with which to pay the same, the members or the board of education voting therefor shall be individually liable to any party injured for the amount of damages sustained in consequence thereof. 19. At the first general election under this act there shall e, and is hereby, vested in said board, subject to the provisions of this law. It shall have power to make by-laws and rules, not in conflict herewith, necessary for the discharge of its duties and the government of its proceedings. It shall meet once in each month, or oftener if necessary, and a majority elect of said board shall con- stitute a quorum for the transaction of business and for the appro- priation of money or the execution of a contract, the concurrence -of two-thirds of the members elect of said board shall be indispensa- ble, and the yeas and nays shall be entered of record. The meetings of said board shall be held in some public place, and a correct record of its proceedings shall be kept in a book provided for that purpose, which shall be a public record. | 224. Said board of education shall determine the qualification ot its members. It shall have the power to fill until the next gen- eral election all vacancies in said board occasioned by death, re- moval or other cause. 225. All property now used for public school purposes in the city, or which may at any time be owned by the board of education, and all the funds or means that are now or may hereafter come under the control of the same, are hereby forever dedicated to the use of public schools of the city, and the title to all property, real and personal, in the city, known and used as public school prop- erty, is hereby vested in said corporation. 226. Said board of education shall have power to elect or appoint such officers as may be necessary for its own government, . and to require covenant with surety from any or all officers for the PUBLIC SCHOOLS IN CITIES OF THE THIKD CLASS. H5 faithful discharge of their duties; to make by-laws not in conflict with this charter, the Constitution or laws of this State, for the carrying out of the duties of their office, and for the government of its own officers, schools, teachers, pupils and employes; to determine its own rules of proceedings, and to appoint superintendents, teach- ers, and other officers and employes, and regulate and fix their terms, duties and compensation, and suspend or remove them or any of them for cause. Said board may purchase, build or rent any ground, building or buildings, necessary or convenient for the public school purposes, and may make contract to that end; and any property so leased, purchased or otherwise occupied, may be re- served by terms, deed or lease to the public schools of the city, and if so reserved, shall not be liable for any debt or debts of the city not incurred for public school purposes. Said board may also receive and hold, for public school purposes, any gift or devise. 227. That said board of education shall have the power, two- thirds of the trustees in office concurring therein, to be evidenced upon the call of the yeas and nays, and recorded upon the journal of its proceedings, to sell and convey such of said school property for the purpose of reinvesting all the net proceeds of the same in the purchase of other lots, and building thereon other school build- ings. And said board of education shall have no power to divert or apply said fund, or any part of it, to any other purpose whatso- ever than for the purchase of grounds and the building thereon school buildings for public school purposes, and if it do so, the same shall be malfeasance in office. 228. Said board of education shall have the power to select text-books for use in said school, and prescribe the course of study, and it shall also have power to hold examinations, determine the qualifications of its superintendent, principals, teachers, and issue certificates to same. It may establish high schools and fix the grade of public schools, and prescribe the rules by which pupils may pass from one grade to another, and from the graded school to the high school. It may also establish and maintain kindergartens and manual training schools in connection with the public school. 229. Said board shall, at the end of each scholastic year, pre- pare and cause to be published a printed statement, showing the number of pupils in each school, with the general condition and 116 PUBLIC SCHOOLS IN CITIES OF THE TH1KD CLASS. educational progress made therein, the amount, character and con- dition of all funds and other property belonging to said schools, together with such information as may be proper or necessary for the benefit of said schools and the general public. 230. Said board shall, within thirty days prior to the time prescribed for the levy to be made in the charter of cities of the third class, approximately ascertain the amount of money neces- sary to be used to defray the expenses of maintaining the schools, improving or constructing buildings, etc., thereof, and any liquida- tion of the liabilities during the current fiscal year, and report the same, together with the estimated amount to be received from the common school fund of the State, interest on bonds, endowments, etc., to the city auditor or clerk, who shall thereupon report the same to the general council, and said general council shall make the necessary levy and collect the tax to provide suitable school buildings, and to defray the general expenses necessary for school purposes : Provided, That the levy for any one year shall not exceed fifty cents on each one hundred dollars of value of taxable property in the city as returned by the board of equalization. Said tax shall be paid to the board or authorized agent of same as fast as col- lected. 231. Said board of education shall provide and maintain, out of the funds levied or otherwise provided for the purpose, suitable buildings, teachers, and other employes, sufficient for the education of all children of the city between six and twenty years of age, and shall provide separate buildings and schools for the education of white and black pupils; and no white child shall be allowed to attend any colored school, nor shall any colored child be allowed to attend any white school. 232. The trustees shall, before entering upon the duties of their office, take the oath, or make affirmation, as prescribed by law. 233. No member of the board of education shall be or become, directly or indirectly, interested in any contract, agreement or trade, touching the building of schoolhouses, repairing of school property, selection of text-books or other thing, or use his official position to secure the patronage of the teachers or employes of the schools. No member of the board of education shall receive any salary for his services as such. PUBLIC SCHOOLS IN CITIES OF THE THIRD CLASS. H7 234. Said board of education shall elect its own treasurer and fix bond of same, who shall keep a distinct account of all moneys belonging unto, or which may hereafter be dedicated to, or set apart for, public schools, and shall only pay out or deliver any of said funds, upon the warrant of the board of education, counter- signed by the secretary, and approved by the president of the board of education, and shall perform such other duties as may be prescribed by said board. 235. Said board of education shall have exclusive control of all school funds of the city, from whatever source the same may be derived, including the pro rata of the city from the common school fund of the State. It shall have the right to receive all fines, forfeitures and taxes that may inure to the benefit of the pub- lic schools of the city. It shall have power to expend all moneys in the interest of public schools of the city, and the warrants of the board of education, countersigned by the secretary and ap- proved by the president of the board, shall be honored by the treas- urer to the amount of the school funds in his custody 2'>6. All indebtedness, bonded or otherwise, and all liabilities and contracts of the school board, existing at the time this law takes effect, and all taxes, funds, sinking funds or other resources that have been pledged or set apart for the payment of the princi- pal and interest thereof, shall continue unimpaired and remain of the same force and effect as though the same had been author- ized and contracted by the express provision of this law. 237. No money shall be drawn from the funds, unless the same shall have been appropriated by order of the board of education, and no appropriation of money shall be made to be paid out of said school funds, unless the money shall actually be in the treasury to meet the draft. 238. Said board of education shall elect from its own number a president, for the term of two years, and may prescribe who shall preside in his absence, and make all necessary rules, prescribing the duties of the presiding officer and the government of itself; and said board shall also elect a secretary at a salary not exceeding one hundred dollars per annum, whose duty it shall be to keep a record of the proceedings of all regular and special meetings, coun- tersign all warrants and contracts, and whose term of office shall be two vears. 118 PUBLIC SCHOOLS IN CITIES OF THE FOUKTH CLASS. 239. Said board of education shall have the power and right to establish and maintain a public school library, out of any funds coming into its hands, except that received by taxation, or from the State funds, and also to purchase text-books for indigent chil- dren of the city, and to otherwise expend such moneys in the inter- est of the public schools. Said board of education shall have the power and right to make rules and regulations governing said school library. 240. Said board shall have power to admit to said school pu- pils from beyond the limits of the city, and may collect therefrom tuition fees for the benefit of the schools of the city, making de- duction of taxes for school purposes on property in said city paid by parents of said children; and no children of persons residing beyond said limits shall be admitted as pupils in any of said schools except on payment of such tuition fees as said board may require. 241. No section of this chapter shall be so construed as to re- peal in anywise any special act or amendment thereto heretofore passed for any city of the third class for the establishment, main- taining and carrying on a high school. 242. For the reason that cities of the third class, in the op- eration of their government, need at once some of the provisions of this act, and owing to the manner of elections, an emergency is declared to exist, and this act shall take effect from its approval by the Governor. Act approved June 14, 1893. IX. PUBLIC SCHOOLS IN CITIES OF THE FOURTH CLASS. (The sections are numbered as in the charter of 1893. Section 107 is given as amended by the act of March 18, 1894. This act had an emergency clause.) 89. There may be maintained a system of public schools, at which all the children residing in the city between the ages of six and twenty years may be taught at the public expense. Said school shall be under the control of a board, to be styled "The Board of Education," consisting of two trustees from each ward in the city, to be elected at the general November election in the year PUBLIC SCHOOLS IN CITIES OF THE FOURTH CLASS. 119 one thousand eight hundred and ninety-three, by tlie qualified voters of the city at large. They shall meet and qualify on the first Monday in January after their election. The trustees so elected shall hold their offices one-half for two years and one-half for four years, as shall be determined by lot, at the first regular meeting after the election. And at the general election, every two years thereafter, there shall be elected by the qualified voters of the city at large one trustee from each ward in the city in which the term of his prede- cessor in office will then expire. Said trustees shall possess the same qualifications as are required for a councilman. Said boar& of education shall continue, and it is hereby declared, a body politic corporate, under the name and style of board of education, with perpetual succession, and by that name may contract and be con- tracted with; sue and be sued; have and use a corporate seal, the same to renew or alter at pleasure; may purchase, receive, hold, lease, sell and dispose of real and personal estate for public school purposes. The control and management of the public schools of the city, and the property and funds hereunto belonging, shall be, and is hereby, vested in said board, subject to the provisions of this law. It shall have power to make by-laws and rules not in conflict herewith, necessary for the discharge of its duties and the government of its proceedings. It shall meet once in each month, or oftener if necessary, and a majority-elect of said board shall con- stitute a quorum for the transaction of business, and for the appro- priation of money or the execution of a contract, the concurrence of two-thirds of the members-elect of said board shall be indis- pensable, and the yeas and nays shall be entered of record. The meetings of said board shall be held in some public place, and a correct record of its proceedings shall be kept in a book provided for that purpose, which shall be a public record. 90. Said board of education shall determine the qualification of its members. It shall have the power to fill, until the next gen- eral election, all vacancies in said board occasioned by death, re- moval or other cause. 91. All property now used for public school purposes in the city, or which may at any time be owned by the board of education, and all the funds or means that are now or may hereafter come under the control of the same, ji.re herebv forever dedicated to the 120 PUBLIC SCHOOLS IN CITIES OF THE FOURTH CLASS. use of public schools of the city, and the title to all property, real and personal, in the city, known and used as public school property, is hereby vested in said corporation. 92. Said board of education shall have power to elect or ap- point such officers as may be necessary for its own government, and to require covenant with surety from any or all officers for the faithful discharge of their duties; to make by-laws not in conflict with this charter, the Constitution or laws of this State, for the carrying out the duties of their office, and for the government of its own officers, schools, teachers, pupils and employes; to deter- mine its own rules of proceedings, and to appoint superintendents, teachers and other officers and employes, and regulate and fix their terms, duties and compensation, and suspend or remove them, or any of them, for cause. Said board, by and with the concurrence of the city council, may purchase, build or rent any ground, build or rent any ground, building or buildings, necessary or convenient for the public school purposes, and may make contract to that end ; and any property so leased, purchased or otherwise occupied, may be reserved by terms, deed or lease to the public schools of the city, and if so reserved shall not be liable for any debt or debts of the city not incurred for public school purposes. Said board may also receive and hold, for public school purposes, any gift or devise. 93. That said board of education shall have the power, two- thirds of the trustees in office concurring therein, to be evidenced upon the call of the yeas and nays, and recorded upon the journal of its proceedings, by and with the concurrence of the city council, to sell and convey such of said school property for the purpose of reinvesting all the net proceeds of the same in the purchase of other lots and building thereon other school buildings. And said board of education shall have no power to divert or apply said fund or any part of it to any other purpose whatsoever than for the pur- chase of grounds and the building thereon school buildings for public school purposes, and if it do so the same shall be malfeas ance in office. 94. Said board of education shall have the power to select text-books for use in said schools, and prescribe the course of study, and it shall also have power to hold examinations, determine the qualifications of its superintendent, principals, teachers, and issue PUBLIC SCHOOLS IN CITIES OF THE FOURTH CLASS. 121 certificates of same. It may establish high schools and fix the grade of public schools, and prescribe the rules by which pupils may pass from one grade to another, and from the graded school to the high school. It may also establish and maintain kinder- gartens and manual training schools in connection with the public school. 95. Said board shall, at the end of each scholastic year, pre- pare, and cause to be published, a printed statement, showing the number of pupils in each school, with the general and educational progress made therein, the amount, character and condition of all funds and other property belonging to said schools, together with such information as may be proper or necessary for the benefit of said schools and the general public. 96. Said board shall, within thirty days prior to the time pre- scribed for the levy to be made in the charter of cities of the fourth class, approximately ascertain the amount of money necessary to be used to defray the expenses of maintaining the schools, improv- ing or constructing buildings, et cetera, thereof, and any liquida- tion of the liabilities during the current fiscal year, and report the same, together with the estimated amount to be received from the common school fund of the State, interest on bonds, endowments, et cetera, to the city auditor or clerk, who shall thereupon report the same to the city council, and the said city council shall make the necessary levy, and collect the tax to provide suitable school buildings, and to defray the general expenses necessary for school purposes: Provided, That the levy for any one year shall not ex- ceed fifty cents on each one hundred dollars of value of taxable property in the city as returned by the board of equalization. Said tax shall be paid to the board or authorized agent of same as fast as collected. 97. Said board of education shall provide and maintain, out of the funds levied or otherwise provided for the purpose, suitable buildings, teachers, and other employes, sufficient for the educa- tion of all children of the city between six and twenty years of age, and shall provide separate buildings and schools for the education of white and black pupils; and no white child shall be allowed to attend any colored school, nor shall any colored child be allowed to attend anv white school. 122 PUBLIC SCHOOLS IN CITIES OF THE FOURTH CLASS. 98. The trustees shall, before entering upon the duties of their office, take oath, or make affirmation, as prescribed by law. 99. No member of the board of education shall be or become, directly or indirectly, interested in any contract, agreement or trade, touching the building of schoolhouses, repairing of school property, or use his official position to secure the patronage ^of the teachers or employes of the schools. No member of the board of education shall receive any salary for his services as such. 100. Said board of education shall elect its own treasurer, and fix bond of same, who shall keep a distinct account of all moneys be- longing unto, or which may hereafter be dedicated to, or set apart for, public schools, and shall only pay out or deliver any of said funds upon the warrant of the board of education, countersigned by the secretary, and approved by the president of the board of education, and shall perform such other duties as may be pre- scribed by said board. 101. Said board of education shall have exclusive control of all school funds of the city, from whatever source the same may be derived, including the pro rata of the city from the common school fund of the State. It shall have the right to receive all fines, for- feitures and taxes that may inure to the benefit of the public schools of the city. It shall have power to expend all moneys in the inter- est of the public schools of the city, and the warrants of the board of education, countersigned bythe secretary and approved by the president of the board, shall be honored by the treasurer to the amount of the school funds in his custody. 102. All indebtedness, bonded or otherwise, and all liabilities and contracts of the school board, existing at the time this law takes effect, and all taxes, funds, sinking funds or other resources that have been pledged or set apart for the payment for the princi- pal and interest thereof, shall continue unimpaired, and remain of the same force and effect as though the same had been authorized and contracted by the express provisions of this law. 103. No money shall be drawn from the funds, unless same shall have been appropriated by order of the board of education r and no appropriation of money shall be made to be paid out of said school funds, unless the money shall actually be in the treasury to meet the draft. PUBLIC SCHOOLS IN CITIES OF THE FOURTH CLASa 123 104. Said board of education shall elect from its own number a president, for the term of two years, and may prescribe who shall preside in his absence, and make all necessary rules, prescribing the duties of the presiding officer and the government of itself; and said board shall also elect a secretary, at a salary not exceeding one hundred dollars per annum, whose duty it shall be to keep a record of the proceedings of all regular and special meetings, coun- tersign all warrants and contracts, and whose term of office shall be two years. 105. Said board of education shall have the power and right to establish and maintain a public school library, out of any funds coming into its hands, except that received by taxation, or from the State funds, and also to purchase text-books for indigent chil- dren of the city, and to otherwise expend such moneys in the inter- est of public schools. Said board of education shall have the power and right to make rules and regulations governing said school library. 106. Said board shall have power to admit to said school pu- pils from beyond the limits of the city, and may collect therefrom tuition fees for the benefit of the schools of the city, making deduc- tion of taxes for school purposes on property in said city paid by parents of said children; and no children of persons residing be- yond said limits shall be admitted as pupils in any of said schools, except on payment of such tuition fees as said board may require. 107. Any city of the fourth class, in which said system of pub- lic schools shall be established and maintained, shall constitute one common school district, and the Superintendent of Public In- struction shall pay every year, out of the common school fund of the State to the white board of education, the same amount per capita, for each white child of pupil age in said district, and to the colored board of education the same amount per capita, for each colored child of pupil age in said district, as he shall pay to each child of pupil age in other school districts in the State. Whenever the board of council of any city of this class shall determine, by or- dinance, to establish and maintain a system of public schools there- in, under the provisions of the act mentioned in the title of this act, or in case there was a failure at the last election provided for in said act to elect a board of education in any city of the fourth class, 124 INSTITUTION FOE THE EDUCATION OF THE BLIND. the board of council shall have the power and authority to appoint trustees for such school to serve until the election and qualification of trustees as provided in section eighty-nine of said act, as amended herein. Act approved June 28, 1893. [NOTE Cities of the Fifth and Sixth Classes are provided for in the General School Law. Acts of Assembly, 1893, Chapter 260.] X. KENTUCKY INSTITUTION FOB THE EDUCATION OF THE BLIND. [The Superintendent of Public Instruction is required by law to report the three State charitable educational institutions setting forth objects, methods of admission, etc. For convenience of ref- erence to all, and for the information of those who may be more im- mediately interested, the laws establishing, maintaining, and reg- ulating these schools are included in this volume.] AN ACT to reduce into one an act to establish the Kentucky Institute for the Edu- cation of the Blind, and amendments thereto. Be it enacted by the General Assembly of the Commonwealth of Ken- tucky: 1. That the school heretofore established and known as the "Kentucky Institution for the Education of Blind," located within the city of Louisville, shall be and continue as a corporation in that name and style, with power and right as such to sue and be sued, plead and be impleaded, in any and all courts of justice in the United States of America or elsewhere, in all cases in which the rights or interests of said institution are involved; and said institu- tion may receive, take, and hold real and personal estate, by gift, devise, or purchase, and dispose of the same for the use and bene- lit of said institution; and may have a common seal, or act without corporate seal. 2. That said institution shall be under the control, direction and management of nine citizens of Jefferson county, as visitors, who shall hold their offices for four years, and until their success- ors are appointed and qualify. The said visitors shall be nominated by the Governor, and approved by the Senate, and any vacancy in the board of visitors by death, resignation, removal from the county of Jefferson, orany other cause, the Governor shall be in- formed of such vacancy by the president or secretary of the board INSTITUTION FOK THE EDUCATION OF THE BLIND. 125 of visitors, and the Governor shall appoint some competent person of Jefferson county to supply or fill such vacancy for the remainder of the term of the office of the visitor, who may cease to be a mem- ber of said board; and such appointment shall be reported by the Governor to the Senate at the next meeting of the General Assem- bly after such appointment, for confirmation. Should the Senate reject any nomination made by the Governor under this act, he may- make other nominations to the Senate, so that said board of visitors shall be full at all times. The said visitors shall be commissioned by the Governor, and shall take the oath of office required by the Constitution of this State, and to "well and truly discharge the duties of the office o^ visitor as required by this act." The Governor shall appoint said board of visitors as soon as this act becomes a law. 3. That the board of visitors, or majority, shall appoint from their own body a president at their first meeting, who shall preside at the meeting of said board, and do and perform other duties re- quired of him by the by-laws, rules or regulations or orders of said board; and said board shall appoint a secretary to keep a regular record of the proceedings of, and to perform any other duties the board may require of him. The said board of visitors may receive, by legacy or otherwise, money, land and other property, and retain, use and apply the same to the use and benefit of said institution. The board of visitors shall have the possession, preservation, repair, and control of the building and ground belonging to this State, dedicated to the education of the blind, in the city of Louisville. And said board of visitors shall have the direction, control, and management of the special and general matters, concerns, and inter- ests of said property and institution; may employ a superintendent, a physician, matron, professors, teachers, servants, and all other necessary agents and employes, and fix their pay or compensation for their services; prescribe and direct their duties and conduct; re- move at pleasure any superintendent, matron, professor, teacher, servant, agent or employe; and to prescribe the course of educa- tion for the pupils in said institution, and rules for their govern- ment and discipline, and fix and regulate tuition fees and terms of admission of pupils into said institution from other States; but no charge shall be made for the admission of pupils from this State. 126 INSTITUTION FOK THE EDUCATION OF THE BLIND. The said board of visitors shall have power to pass such by-laws, rules and regulations, resolutions, orders, instructions, as a ma- jority of said board shall consider fit and proper to carry into effect and force the powers herein granted, and may repeal, amend, or annul any such acts or proceedings, and adopt others to effect- uate the objects of the said institution. The said board of visitors shall meet at least once in each month of each year, at any place in the city of Louisville, and may meet oftener, if necessary, to trans- act the business committed to their charge; and the president or any two members of said board may call a meeting of the board. In the absence of the president the board may elect a president pro tern., and may supply the place of the secretary, when he is absent, in the same manner. The said board of visitors shall require from the superintendent annually a full and detailed statement of the condition of said institution, the names of each employe, including matron, professors; teachers, servants, and agents ; the pay or salary of each annually or monthly; the number and names of .pupils, the residence of each, the number of pay pupils, the amount paid by them, and a full account and statement of the receipts from all sources, and expenditures and outlays of the institution in the preceding year; and may require from the superintendent any other information or fact within the duties prescribed by the board of visitors to him. That- said board of visitors shall elect a treasurer for said institu- tion, who shall, before he enters upon the duties of his office, execute bond, with good security, to be renewed biennially, to be approved by the Governor of the State, payable to the Commonwealth of Kentucky, in the penal sum of $20,000, conditioned well and truly to discharge the duties of the office of treasurer of the "Kentucky Institution for the Blind," and pay over and account for all money, and to account for and deliver all property or evidence of debt or of value, placed in his hands or possession as treasurer of said insti- tution, on the order of the board of visitors, which bond may be enforced and recovery had on a breach thereof, by motion or action at law, as in case of official bonds of sheriffs within the Common- wealth, and shall be delivered to the Auditor of Public Accounts for safe-keeping. 4. That said institution and its control, direction, manage- ment, property, means, and officers and employes shall be, and*re- INSTITUTION FOR THE EDUCATION OF THE BLIND. 127 main at all times, subject to the control and pleasure of the Gen- eral Assembly of the Commonwealth, and the Governor shall have a supervisory power and right of visitation over the same. 5. That the treasurer of said* institution shall only pay the debts, claims and charges against said institution on the war- rant of the president, after they have been examined, audited and approved by said board of visitors, at a meeting of a majority of the members thereof, which examination and approval shall be certified by the president of said board and countersigned by the secretary, and each claim shall be noted or named on the journal of the proceedings of said board, giving the date, amount and name of the person to whom allowed. The said treasurer shall annually, in the month of November, settle with the Auditor of Public Ac- counts for the receipts and disbursements during the year preced- ing, and shall file with the auditor a statement of said account and the vouchers for the same; and the auditor shall furnish and deliver to said treasurer a written statement of such settlement, signed by the auditor, and said treasurer shall furnish to the said board of visitors an annual written staement of his account immediately after settling the same with the auditor. The statement of the auditor- shall be sufficient voucher to the treasurer. 6. That the board of visitors shall annually report to the Gover- nor (for the purpose of being laid before the General Assembly) a general statement of the condition of said institution, accompanied with the statements required to be furnished to said board by the superintendent and treasurer, so that the Legislature may be in- formed of all matters connected with said school, and its w r ants, prospects and benefits. The treasurer may be removed from office at the pleasure of a majority of the members of the board of vis- itors, and another elected to supply the vacancy ; and the vacancy in the office of treasurer may be filled by said board at any time. 7. That the board of visitors shall alone have the power to expel a pupil from said institution; and no officer of said institu- tion, or employe thereof, shall be permitted to inflict corporal pun- ishment upon any of said pupils. 8. That to enable said board of visitors to defray and pay the expenses of said institution, and provide the necessary supplies of food, clothing, and other proper and nen'ssary things, the annual 128 THE KENTUCKY INSTITUTE FOK DEAF MUTES. appropriations heretofore made for said institution shall be contin- ued to be drawn as heretofore authorized by law. 9. That all acts or parts of acts coming within the purview of this act are repealed; and this act shall take effect from its pass- age. Approved March 18, 1876. An act of March 27, 1884, appropriated $20,000 for the erection of a separate building or buildings "to be used for, and devoted to, the sole and exclusive occupation of the colored blind children of this Common- wealth. " The secwid section of that act is as folloics: The blind children aforesaid, when such buildings shall have been erected, shall be entitled to receive on equal terms due pro- portion, according to numbers, all rights, benefits and privileges secured to the white blind children of this Commonwealth by the act establishing the Kentucky Institution for the Education of the Blind, and all subsequent enactments in relation thereto; Provided, however, That the blind children of both races shall be under the same general management and under one and the same superin- tendent, who, with all other officers of said institution, shall be elected by, and subject in all respects to, the supervision and con- trol of the board of trustees of said institution, as heretofore pro- vided by law. XI. THE KENTUCKY INSTITUTE FOB DEAF MUTES. 1. The Asylum at Danville, endowed and established by an act of the General Assembly, approved December 7th, 1822, is con- tinued under the management and control of the board of commis- sioners and their successors, as provided by an act of the General Assembly, approved January 7th, 1870, and the same is declared to be a body-politic and corporate, by the name and style of "The Asy- lum for the Tuition of the Deaf and Dumb," and as such shall have i perpetual succession, with power to make all contracts necessary and requisite to carry out the objects and purposes of its creation, and the efficient management of its business. 2. The board of commissioners, and their successors in office, are hereby authorized and empowered to receive by legacies, con- THE KENTUCKY INSTITUTE FOR DEAF MUTES. 129 veyances, or otherwise, lands, money, and otner property, for the benefit of the Commonwealth, in aid and furtherance of the objects of said institution, and the same to retain, use and apply to the education of the deaf and dumb of this Commonwealth, to any amount, the interest, profits, and proceeds of which shall not ex- ceed the sum of one hundred thousand dollars per annum. 3. All the funds and effects of said asylum shall be under the management and control of said board of commissioners and their successors in office, as trustees of the Commonwealth, in aid and furtherance of the objects of said institution, subject to the rules and conditions herein specified; and as such, they are hereby author- ized and empowered to take and retain possession of all books, papers, bonds, stocks, lands, improvements, and effects belonging to said asylum, wherever they may be found, or in whatever they may consist, and to hold, retain, and so manage, use, and apply the same, as may be best calculated, in their judg- ment, to build up and sustain said asylum, and secure the objects for which it was established: Provided, however, That said board of commissioners, and their successors in office, shall be governed, in every instance, by such restrictions as may accom- pany any grant of aid by the Legislature : And provided further, That whenever said board, or their successors in office, shall receive from private individuals any donation or contribution, specifying the ob- ject for which said donation or contribution is made, the same shall be set apart and applied to the purpose so specified by the donor, and to no other, subject, however, by the control of the Common- wealth over said institution, its officers and affairs. 4. The board of commissioners, and their successors in office, shall keep a true and complete record of all their proceedings and acts as a board, and cause to be kept by their secretary and treas- urer a true and complete record of all moneys received and paid out, from whence derived, and for what expended, of bonds re* ceivable and bonds payable, and of all other accounts and proceed- ings incident to the management of said asylum, all of which shall be open, and at any time subject to the inspection of any committee or commissioner appointed by the Legislature or by the Governor, for the examination of the same; and it shall be the duty of the board of commissioners for the time being to furnish to the 130 THE KENTUCKY INSTITUTE FOR DEAF MUTES. Governor annually a statement of the funds, receipts, expenses and condition of the institution, and of the number of persons received and educated therein during the year immediately preceding, and the parts of the State from whence they came, distinguishing be^ tween those having been supported gratuitously and others, which shall be by the Governor laid before the General Assembly within the first week of every session held by it. 5. It shall be the duty of the board of commissioners, as soon as the same can be conveniently done, to make out a statement of the property, funds and effects of the institution, of what nature soever the same may be, with an expression of their opinion as to the value of each specific article or item named in the list, as also a statement of the annual profits derived to the asylum therefrom, which shall be furnished to the Governor to be preserved. Any alteration in the character or species of property, and any lessening or increase thereof, shall also in like manner, be, from time to time, reported to the Governor. 6. The board of commissioners shall have power to appoint a superintendent and teachers for the institution, to regulate the term of service, define the duties, and fix the salaries thereof; to appoint a president, secretary, treasurer, and such other officers a they may deem necessary; to remove any of the aforesaid employes or officers at pleasure, and fill their places with others; and may make such by-laws as they may deem proper, not in conflict with the Constitution or laws of this Commonwealth. All action of the board of commissioners shall be subject to the control of the General Assembly. 7. Not less than a majority of the board shall constitute a quorum for the transaction of any business; and if from any cause a vacancy shall occur in the board, the fact shall at once be cer- tified to the Governor, who shall appoint some suitable person to fill the same. SUPPLEMENTAL ACTS. 1. The annual appropriation for said asylum being inadequate for keeping the premises in good repair, the buildings well insured, and the mechanical department up to a proper and useful standard: THE KENTUCKY INSTITUTE FOR DEAF MUTES. 131 of efficiency, the further sum of ($1,000) one thousand dollars per annum is hereby appropriated for these purposes, to be drawn quarterly by warrant of the president and secretary of the board of commissioners of said asylum, as has been provided by law in respect to its other appropriations. All children residing in this State attending said institution shall be received and taught free of tuition, board, and use of books and other instruments and ap- paratus used in teaching. Approved March 6, 1882. 2. That an additional appropriation of ($3,000) three thousand dollars per annum is hereby made for the support of said institu- tion, the same to be drawn quarterly by warrant of the president and secretary of its board of commissioners on the auditor, to be paid out of the State treasury. Approved April 28, 1884. 3. WHEREAS, It is expedient, as well as just, to make present and adequate provision for the care and education of the colored deaf and dumb children of this Commonwealth; and whereas, the co- education of the two races is both inexpedient and unadvisable; and whereas, wise economy and due efficiency requires that the education of both* races should be under the same management; and whereas, a State institution is already located at Danville, Ken- tucky, for the education of the white mutes; therefore, Be it enacted by the General Assembly of the Commonwealth of Ken- tucky: 1. That an institution for the education of the colored deaf mutes be established at Danville, Kentucky, which shall be under the general control and management of the same board of commis- sioners as now have charge of the institution for the white deaf mutes. But the two races shall be forever kept entirely separate and distinct from each other. 2. That the sum of five thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not other- wise appropriated, to enlarge and prepare the buildings now owned by the State at Danville, known as the "Tompkins property," for the purpose aforesaid, separate and apart from the premises and buildings now occupied by the institution of the white deaf mutes. 132 THE KENTUCKY INSTITUTE FOR DEAF MUTES. 3. That when the aforesaid buildings shall have been prepared and made ready for the reception of pupils, then the colored deaf and dumb shall be admitted on the same terms as are now applicable to the white deaf and dumb, and shall be entitled to receive the same per capita for support as is now provided by law for the white pupils ; and the further annual appropriation of twenty-five hundred dollars, or as much thereof as may be necessary for the purpose hereafter named, payable quarterly, is hereby made for the purpose of employing officers and teachers, and defraying the incidental expenses of said colored department: Provided, however, That the deaf and dumb children of both races shall be under the same man- agement, and under one and the same superintendent, who, to> gether with all other officers of said institution for colored deaf mutes, shall be elected by and be subject in all respects to the super- vision and control of the board of commissioners of the institution for the whites as heretofore provided by law: Provided, That the present officers and employes of said asylum shall receive no ad- ditional pay for any services rendered in the teaching or care of the colored mutes. 4. This act shall be in force from and after its passage. Approved May 9, 1884. AN ACT for the benefit of the Kentucky Institute for Deaf Mutes. Be it enacted ~by the General Assembly of the Commonwealth of Ken- tucky: 1. That the sum of nineteen hundred and ninety-six dol- lars and twenty-five cents be, and the same is hereby, appropriated, out of any money in the State Treasury not otherwise appropriated, for the benefit of the Kentucky Institute for Deaf Mutes, to be ex- pended by the board of commissioners of said institute for the fol- lowing purposes, viz.: First. To pay balance due on building recently erected for the mechanical department of said institution known as the shop building, three hundred dollars and thirty-nine cents ($300.39). Second. To pay balance due on building recently erected for laundry purposes, and removal of machinery, and so forth, three hundred and twenty-six dollars and ten cents (|326.10). Third. To pay balance due on corridors connecting the main building of said institution, one hundred and thirty dollars and fifty-five cents INSTITUTION FOR THE FEEBLE-MINDED. 133 ($130.55). Fourth. To pay balance expended on general repairs, plumbing, and so forth, in girls' department, three hundred and fif- teen dollars and twenty cents (|315.20). Fifth. To pay balance ex- pended on school building, and amount necessary to complete the same, nine hundred and thirty-four dollars and one cent (|934.01). 2. This act shall take effect from and after its passage. Approved April 30, 1890. XII. THE INSTITUTION FOB THE EDUCATION AND TBA1NIKG OF FEEBLE-MINDED CHILDREN. AN ACT to re-establish the Institution for the Education and Training of Feeble- minded Children. WHEREAS, An Institution for the Education and Training of Feeble-Minded Children was established by an act approved the llth of February, 1860; and whereas, by an act concerning the various charitable institutions in this Commonwealth, said insti- tution was to be converted into a lunatic asylum, to be known and styled the Third Kentucky Lunatic Asylum, whenever the asylums for lunatics at Lexington and Hopkinsville were filled; therefore, Be it enacted by the General Assembly of the Commonwealth of Ken- tucky: 1. That the Institution for the Education and Training of Feeble-Minded Children be, and the same is hereby, re-estab- lished under the corporate name and title of "The Commissioners of the Kentucky Institution for the Education and Training of Feeble-Minded Children." 2. The commissioners of said institution, to be appointed as hereafter directed, shall be, and they are hereby, constituted a body-corporate, with all the usual powers of a corporation neces- sary to carry out the objects of said institution; with perpetual succession; with authority to purchase and hold, or to rent or hire, or to receive by gift or bequest, property, real or personal, for the objects of said institution; with capacity of contracting and of being contracted with; of suing and being sued; of pleading and being im- pleaded, and of using a common seal, and altering the same at pleasure. 3. The commissioners of said institution shall be nine in num- ber, to be appointed by the Governor, with and by the advice and consent of the Senate, all of whom to reside in the county in which 134 INSTITUTION FOR THE FEEBLE-MINDED. the institution is located, five of whom shall constitute a quorum. They shall be divided into three classes, in the order of their names as appointed, with three in a class, and one class shall go out of office, according to their number, every two years, but may be re- appointed. They shall retain their office, however, until their successors are appointed. In case of death or resignation of a member, the Governor shall have power to supply the vacancy to the end of his time. 4. That all the funds and effects of said institution shall be under the management and control of its board of commissioners, and their successors in office, as trustees for the State, in aid and furtherance of the objects of said institution, and so manage and apply the same as may be best calculated, in their judgment, to build up and sustain the interest of said institution. 5. That said board of commissioners, and their successors in office, shall keep a true and complete record of all their proceed- ings and acts as a board, and cause to be kept by their secretary and treasurer a true and complete record of all money received and disbursed, from whence derived, and for what expended, all of which shall be open, at any time, subject to the inspection of any committee or commissioner appointed by the Legislature for the examination of the same; and it shall be the duty of the board of commissioners for the time being of said institution to present to the Governor annually, and he lay before the General Assembly within the first week of the session, a statement of the funds, re- ceipts and expenditures of said institution, and the number received and cared for during the year immediately preceding, and the coun- ties from which they came. 6. That the board of commissioners, and their successors in office, shall have power to appoint one of their number to act as president of the board, and shall appoint a secretary and treasurer, neither of whom shall be a member of said board, and all other in ferior officers or employes, not otherwise provided for in this act, os they may deem necessary for the efficient management of said in- stitution, and may remove any of them at pleasure, and fill their places with others; and make such by-laws, rules and regulations, as they may deem necessary for the government and interest of said institution, not inconsistent with the provisions of this act, INSTITUTION FOR THE FEEBLE-MINDED. 135 nor in violation of the Constitution and laws of the State: Pro- vided, That all such action shall be subject to the control of the General Assembly of this Commonwealth. 7. That it shall be unlawful for the board of commissioners, or their successors in office, to meet and transact business, unless a majority of said board shall be present and concur in their pro- ceedings; nor shall the proceedings be binding until they shall have been first signed by the president, and countersigned by the secretary. 8. That each commissioner, and every other officer appointed by the Governor under this act, and the secretary and treasurer of the board, shall, before entering upon the duties of his office, take an oath before some notary ..public, or other officer authorized to administer oaths, that he will faithfully discharge the duties of His trust. 9. That the officers of said institution who shall be appointed by the Governor, by and with the consent and advice of the Senate, shall be as follows, viz.: A medical superintendent, one assistant physician, and a steward, all of whom shall live in or near said in- stitution; and that the superintendent shall receive for his services the sum of fifteen hundred dollars per annum, the assistant physi- cian the sum of eight hundred dollars per annum, and the steward the sum of seven hundred dollars per annum; said amount to be paid out of the appropriations provided for in this act to meet the annual expenditures of said institution. 10. That the treasurer, before he receives any money or other means belonging to said institution, shall execute a bond to the Commonwealth, in such sum and such sureties as may be required and approved by the board of commissioners, for the safe-keeping and disbursement of all money and other means placed in his hands by said board, its agents or other officers, or by the State. He shall not appropriate any money or other means belonging to said insti- tution in his hands to his own use, or lend the same to any other per- son for any purpose whatever; or to pay out or disburse any of said funds for any claim, in whole or in part, whatever against said in- stitution, except upon the warrant of the president, countersigned by the secretary; and for any violation of this provision by the treas- nrer, he and his sureties are made liable on his official bond for the 136 INSTITUTION FOR THE FEEBLE-MINDED. full amount of the sum or sums thus unlawfully used, loaned or disbursed, with ten per cent, damages, recoverable on proper proof shown before any court of competent jurisdiction in this Common- wealth. 11. That the board of commissioners shall meet at least once in each month for the transaction of business, and oftener if the in- terest of the institution shall require it, and it shall be unlawful for the president to issue his warrant for the payment of claims against said institution, until the same shall have been submitted to the board of commissioners, and approved by them, and directed to be paid by an order entered upon the books by the secretary, signed by the president and counersigned by the secretary; and whenever the secretary shall issue his Warrant on the treasurer for the payment of any claim thus ordered, he shall enter on a book kept for the purpose the number, date, and amount of said warrant, and the name of the person to whom issued. 12. It shall be the duty of the steward to purchase all needed and required supplies of every description; said supplies to be pur- chased where they can be bought the cheapest, and regard being had in all cases to the quality as well as the price of articles purchased. Said supplies shall be paid for by the appropriation made by the State to meet the annual expenditures of the institu- tion, and no bill for supplies purchased shall be ordered to be paid by the board unless the seller shall make out a detailed statement of articles purchased by the steward or his order, of thQ name of each article, date of purchase, and the price paid; and the claim being approved by the steward, it shall be the duty of the steward, whenever the president of the board shall issue his warrant on the treasurer for the payment of any article purchased by him, to enter in a book kept for the purpose the number, date, and amount of said warrant, and the name of the person to whom the same was issued. He shall give due attention to the cultivation of the farm and garden, and shall be held responsible for the products of the same, and the proper care of the stock belonging to the institu- tion, and shall furnish, from time to time, such products of the farm or garden for the use of the institution as may be required by the superintendent; and he shall keep in a book kept for the purpose an account of all supplies thus furnished. He shall furnish a monthly statement to the board, in writing, of his official acts to INSTITUTION FOR THE FEEBLE-MINDED. 137 date. No sale of any of the stock or products of the farm or garden shall be made by him without the consent of the board; and any funds received by him for any sale thus ordered shall be immediate- ly paid over to the treasurer, taking his receipt for the same, stating amount, when received, and the name of the article sold. 13. The secretary and treasurer shall make a separate quar- terly statement to the board of the financial condition of the insti- tution, and furnish the Governor with copies of the same, signed by the president and countersigned by the secretary. 14. The ages of children received into the institution shall not be less than six years nor more than eighteen, and may be re- moved at any time by order of the board and superintendent when- ever the interest of the institution, in their judgment, shall require the same to be done; and whenever such removal shall be ordered by the board of any inmate, said inmate shall be removed by the parent or guardian sending the same to the institution without cost to the State: Provided, The parent is unable to pay the expense incurred to send the inmate home, or the guardian has no means belonging to his ward which he can lawfully use for said purpose, then, in that case, the auditor of the State, upon the certificate of the superintendent, shall pay the expense of transportation at the rate of six cents per mile, reckoning the distance by the usual route of travel to the home of said inmate; but no traveling expenses shall be paid except on the first reception and final discharge of the child. Should it appear to the board, at any time, that any inmate now in said institution, or that may hereafter be received, is a proper sub- ject, under the law, for a lunatic asylum, they shall, with the advice and consent of the superintendent, and the approval of the Gover- nor, order him or her to be sent to one of the lunatic asylums of the State, and the expense of transportation shall be paid as now pro vided for by law for transportation of lunatics. 15. There shall be, as is hereby, appropriated for the support, including board, instruction, etc., of each pupil, the sum of one hun- dred and fifty dollars ($150) per annum, payable quarterly,, and the sum of seven thousand five hundred dollars per annum, payable quarterly in advance, from the time of the passage of this act, for the general support of the institution, payment of salaries, purchase of books, maps, stationery, apparatus, contingent expenses, etc. 138 INSTITUTION FOR THE FEEBLE-MINDED. It shall be the duty of the superintendent to require of each parent or guardian, sending a child to the* institution, to pay whatever sum per annum, in his judgment, after an inquiry, he or she may be able to pay toward the support of his or her child or ward in the institution. Bond, with approved security by the president of the board, shall be required in all such cases by the superintendent. From the indigent nothing shall be required; and whenever any child now an inmate of the institution, or that may hereafter be received, shall, in the judgment of the board, be unimprovable, such inmate shall be removed by the parent or guardian, when the board shall order the same to be done, by the advice and consent of the superintendent; and the cost of removal for all in- digent children shall be paid as provided in this act for the trans- portation of indigent children to the institution. 16. The terms of all officers provided for in this act, other than the commissioners, shall be four years. 17. It is distinctly avowed in this act that said institution is not an asylum for the custodial care of unimprovable idiots, but a school for the education of feeble-minded children. 18. That all acts or parts of acts in conflict with the provi- sions of this act be, and the same are hereby, repealed. Approved February 23, 1874. AN ACT to amend an act, entitled "An act to re-establish the Institution for the Education and Training of the Feeble-minded Children," approved February 23, 1874. Be it enacted by the General Assembly of the Commonwealth of Ken- tucky: 1. That an act entitled "An act to re-establish the Insti- tution for the Education and Training of Feeble-minded Children," approved February 23, 1874, be, and is hereby, so amended that the office of assistant physician is abolished, and hereafter the medical superintendent shall discharge the duties heretofore performed by said assistant physician. 2. That no commissioner or other officer shall sell anything to the institution, nor make with them any contracts in which he is directly or indirectly interested. 3. That the steward, by direction of the medical superintend- ent, shall purchase and furnish to the institution all needed sup- plies of every description, and shall consult him as to the character, INSTITUTION FOK THE FEEBLE-MINDED. 139 quantity, and quality of all such supplies. They shall be bought where they can be bought cheapest, due regard being paid to qual- ity as well as price. 4. This act shall take effef t from its passage. Approved April 29, 1880. AN ACT to amend an act, entitled "An act to establish the Institution for the Education and Training of Feeble-Minded Children," approved February 23, 1874, and the acts amendatory thereof. Be it enacted by the General Assembly of the Commonwealth of Ken- tucky: 1. That an act, entitled "An act to establish the Institu- tion for the Education and Training of Feeble-minded Children," approved February 23, 1874," and the acts amendatory thereof, be so amended that it shall be the duty of the medical superintendent of the institution to return to the county judges of the counties from which they were sent, and now confined therein, all pupils whose mental condition is such in the opinion of the superintendent, that further attempts to educate and train them will not prove ben- eficial to the State. And in this class he shall include all idiots and imbeciles, and all pupils whose progress is unusually slow in learning to read and write, nor shall he hereafter admit such per- sons into said institution. He shall make report, under oath, to the Auditor of Public Accounts, four times per annum, of all such pupils, if, from any cause, there remain any therein, and the auditor shall not draw his warrant on the treasurer for any amount on ac- count of such pupils after the date of such report. 2. The county judges shall restore such persons to the custody of their parents and friends; if none, then such of them as have no estate of their own shall be provided for and supported at the expense of the State, as other pauper idiots, in their respective counties. 3. This act shall take effect from its passage. Approved May 6, 1880. AN ACT to provide for completion and furnishing of the Kentucky Institution for the Education and Training of Feeble-minded Children. WHEREAS, One of the charitable institutions of this State, known astheKentuckylnstitutionfortlieEducation and Training of Wcblr 140 ASSESSMENT OF AND PAYMENT OF TAXES BY RAILROADS. minded Children, at Frankfort, Kentucky, was unfortunately de- stroyed by fire on the third day of May, one thousand eight hun- dred and eighty-nine; and the commissioners of said institution, under the authority and duty vested in and imposed upon them by law, have caused said building to be reconstructed, and in so doing, have properly expended. the insurance fund collected for the loss by fire (which fund amounted in all to twenty-seven thousand nine hundred and thirty-two dollars and seventeen cents) ; and whereas, the completion of said building will necessarily require the sum of nine thousand five hundred and fifty-six dollars and forty-seven cents, in addition to said insurance money, and the necessary fur- niture, heating. apparatus and gas fixtures will require the further sum of ten thousand five hundred dollars; therefore, Be it enacted by the General Assembly of the Commonwealth of Ken- tucky: 1. That the sum of nine thousand five hundred and fifty- six dollars and forty-seven, cents be, and the same is hereby, appro- priated for the completion of the building of the Kentucky Insti- tution for the Education and Training of Feeble-Minded Chil- dren, and the further sum of ten thousand five hundred dollars is hereby appropriated for the necessary furniture, heating apparatus and gas fixtures in said institution; and the Auditor is hereby au- thorized and directed to draw his warrant on the treasurer for the above-named sums, payable to the commissioners of the said insti- tution, from time to time, in such sums as may be required by them : Provided, however, That they shall file with the Auditor an itemized statement showing the purpose for which each installment drawn by them is to be applied, together with proper vouchers therefor. 2. This act to take effect and be in force from its passage. Approved February 21, 1890. XIII. ASSESSMENT OF AND PAYMENT OF TAXES BY RAILROADS. (Article IV. of the Revenue Law of 1892.) 1. That the president or chief officer of each railroad company, or other corporation owning or operating a railroad lying in whole or in part in this State, shall, on or before the first of September in each year, return to the Auditor of Public Accounts of the State, under oath, the total length of such railroad, including the length thereof beyond the limits of the State, and designating its length ASSESSMENT OF AND PAYMENT OF TAXES BY RAILROADS. 141 within this State, and in each county, city, incorporated town and taxing district therein, together with the average value per mile thereof, and in the respective counties, cities, incorporated towns ani taxing districts therein, together with the average value per mile thereof, for the purpose of being operated as a carrier of freight and passengers, including engines and cars, and a list of the depot grounds and improvements, and other real estate of the said company and the value thereof, and the respective counties, cities, and incorporated towns in which the same are located. That if any of said railroad companies owns or operates a railroad or railroads out of this State, the president or chief officer of such company shall only be required to return, such proportion of the entire value of all its rolling stock as the number of miles of its railroad in this State bears to the whole number of miles operated by said company in and out of this State. Said report shall be made as of the first day of July, and a failure to file said report by the first day of September shall subject the president or chief of- ficer residing in this State to a fine of one thousand dollars, and fifty dollars for every day after the first day of September that he fails to file said report, to be recovered as indicated by section nine of this article. 2. Should any railroad, or part of a line of railroad, in this State be in the hands or under the control of a receiver or other person, by order or decree of any court in this or any other State, it shall be the duty of such receiver or other person to make, under his oath, the returns and valuations required by the first section of this article; and should the president or chief officer of any railroad company, or such receiver, fail to make said returns and valuations on or before the first day of September in each year, the said auditor shall proceed and ascertain the facts and values required by this article to be returned, and in such manner and by such means as he may deem best, and at the cost of the company failing to make the returns and values. 3. The Auditor shall lay before the Railroad Commission, on or before the first day of October, the returns made to him under this act, and any schedules and valuations he may have made un- der the second section of this article; and should the valuations, or any of them, in the judgment of said board, be either too high or 142 ASSESSMENT OF AND PAYMENT OF TAXES BY KAILKOADS. too low, they shall correct and equalize the same by a proper in- crease or decrease thereof. Said board shall keep a record of their proceedings, to be signed by each member present at any meeting; and the said board is hereby authorized to examine the books and property of any railroad company to ascertain the value of its property, or to have them examined by any suitable disinterested person, to be appointed by them for that purpose. 4. It shall be the duty of the county superintendent of com- mon schools in each county in which a railroad is operated to fur- nish, on or before the first day of July of each year, to such railroad company or companies, the boundary of each graded or common school district through or into which any part of such railroad or other railroad property is situated; and the county clerk of any coun- ty containing any other taxing district through or into which any railroad is located shall make a similar report to such railroad com- pany. Any county superintendent or county clerk failing to make tho report as herein required, or shall make a false report, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty nor more than one hundred dollars for each offense. 5.* All taxes against any railroad company, which shall be levied in any common school district, shall be paid to the superin- tendent of common schools of the county for the benefit of the dis- trict entitled thereto. 6. The provisions of this law shall not be construed to apply to any colored school district : Provided, That the same rate of taxa- tion assessed against the real estate of any railroad company or corporation in any graded common school district or common school district, in any year, shall be assessed against all of the taxable property in such district, and the railroad tax, when collected, shall be paid over to the county superintendent of the county in which the district schoolhouse wherein the tax assessed shall be situated, and shall constitute and be held by the county superintend- ent as a graded or common district school fund; and the said fund shall be apportioned and distributed by the county superintendent between the white graded common school or white common school district wherein said tax shall be collected, and any colored com- *The Attorney-General holds that this section has been superseded by Section 79 of School Laws, approved March, 1894. ASSESSMENT OF AND PAYMENT OF TAXES BY KAILKOADS. 143 mon school district which shall be located over the same boundary; the distribution shall be in the ratio that the whole number of white children of pupil age and the whole number of colored chil- dren of pupil age residing in the district shall bear to the whole number of children, white and colored, residing in the district wherein such tax shall be collected. 7. The same rate of taxation for State purposes which is or may be in any year levied on other real estate shall be, and is hereby, levied upon the value, so found by said board, of the rail- road, rolling stock and real estate of each company; and the same rate of taxation for the purposes of each city, town, county, part of county, or tax district of any kind, in which any portion of any rail- road is located, which is, or may be, in any year, levied on other real estate therein, shall be, and is hereby, levied on the value of the real estate of said company therein, and of the number of miles of such road therein, reckoned as of the value of the average of each mile of such railroad, with its rolling stock, as ascertained as afore- said: Provided, That railroad bridges spanning any river, which constitutes the boundary or State line of the Commonwealth, shall be assessed as of the counties in which they are located, and local tax derived therefrom shall be applied to each city, town, county or tax district in which said bridges are or may be located; and immediately after the said board shall have completed its valua- tions each year, the Auditor of Public Accounts shall notify the clerk of each county court of the amount so assessed for taxation in his county, and each railroad company of the amount of its assess- ment for taxation for State purposes and for the purposes of such city, town, county, part of county and tax district. And all exist- ing laws in this State authorizing the assessment and taxation of the property of railroad companies by counties, cities or incorpor- ated towns, are hereby repealed, and no county, city or incorporated town in this State shall hereafter assess, levy or collect any taxes on the property of railroad companies in this State except as pro- vided by this article. 8. All taxes assessed against any railroad company shall be due and payable thirty days after notice by mail of the assess- ment as given by the" auditor, and every such company failing to pay its taxes after receiving such thirty days' notice of the amount of such tax shall be deemed delinquent, and a penalty of ten per 144 DIRECT TAX KETUKNED TO KENTUCKY IN 1892. cent, on the amount of the tax shall attach, and thereafter such tax shall bear interest at the rate of ten per cent, per annum. Any railroad company failing to pay its taxes, penalty and interest, after becoming delinquents, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined fifty dollars for each day the same remains unpaid, to be recovered by indictment or civil action, of which the Franklin Circuit Court shall have jurisdiction. 9. Taxes, penalties and interest due the Commonwealth from any railroad company may be recovered by the Auditor of Public Accounts, by action in the name of the Commonwealth, in the Frank- lin Circuit Court; and those due any county, city, incorporated town or taxing district may be recovered by the officer authorized to re- ceive the same, by action in the name of the Commonwealth in any court of competent jurisdiction. XIV. DISPOSITION OF THE DIRECT TAX RETURNED TO KEN- TUCKY IN 1892. AN ACT to authorize the Commonwealth of Kentucky to borrow and use certain money belonging to, and which is a. part of, the school fund, and to execute bond for the same, and declaring an emergency. Be it enacted by the General Assembly of the Commonwealth of Ken- tucky: 1. That the Governor of this Commonwealth is hereby authorized and directed to execute the bond of the Commonwealth of Kentucky to, and in favor of the State Board of Education, for the sum of |606,641.03, being the amount of Kentucky's share of the "Direct Tax" returned to the State in 1892, pursuant to act of Congress, bearing interest at the rate of six per cent, per annum from date until paid, said interest to be paid semi-annually on the first day of January and July of each year; and said bond shall be attested by the Secretary of State, and then delivered to said Board of Education for the Commonwealth of Kentucky. 2. Upon the execution and delivery of said bond as above di- rected, the auditor and treasurer of the Commonwealth of Kentucky are authorized and directed to transfer the above named sum of money from the school fund to the general expenditure fund of the Commonwealth of Kentucky. 3. There now being a deficit in the treasury, it becomes nec> essary to increase the rate of taxation in order to meet the current COUNTY SEMINARY PROPERTY. 145 expenses of the Commonwealth, unless said money is borrowed by the State from the school fund for the use of the general expendi- ture fund of this Commonwealth; and for these reasons an emer- gency exists and is declared, and this act shall take effect upon its approval by the Governor. Approved March 12, 1892 XV. COUNTY SEMINARY PROPERTY. An act amendatory of section 120 (see page 62). AN ACT to amend an act, entitled "An act to provide for an efficient system of common schools throughout the State," approved July 6, 1893. Be it enacted by the General Assembly of the Commomcealth of Ken- tucky: That section 120, article 10, chapter 260, of the Acts of 1891-'92-'93, page 1413, approved July 6^ 1893, entitled "An act to provide for an efficient system of common schools throughout the State/' be, and the same is hereby, amended by adding after the word "property," in second line of section 120, page 1471, of said Acts, these words: "The county court and board of trustees of said seminary consenting," so that said section, when amended, will read as follows: " 120. The title to all common school and all county seminary property, the county court and the board of trustees of said seminary consenting, in the limits of any graded common school district organized under the provisions of this law, shall be, and the same is hereby, vested in the board of trustees of said graded com- mon school district, and they are hereby empowered to sell and convey the same, or to use the same for graded common school pur- poses, as to them shall seem best; but when county seminary prop- erty shall be appropriated, all pupils of the county shall be per- mitted to attend such school at such reduced tuition from what is ordinary as shall be equitable, and make good to them their interest in said seminary property. It is further provided, that when any graded school district shall embrace any school property owned or held in trust by trustees, said trustees, by a majority of their board, are hereby authorized and empowered to convey their school prop- erty to the trustees of the graded school, at such price and on such conditions as may be agreed upon by the trustees of both parties." Approved February 24, 1894. 146 HOUSES OF REFORM FOR BOYS AND GIRLS. XV a. AN ACT to authorize Trustees of County Seminary property and School property owned or held in trust by Trustees, by a majority of their Board, to dispose of same to Trustees of Common School Districts, embracing same. Be it enacted by the General Assembly of the Commonwealth of Ken- tucky: 1. That the trustees of any county seminary property, by a majority of their board, the county court consenting, are hereby authorized and empowered to sell, transfer and convey by deed, the title in and to said seminary property, or otherwise dis- pose of it as to them may seem best, to the trustees of common school districts in which said seminary property is embraced, on such terms and conditions as may be agreed upon by both parties: Provided, When county seminary property shall be donated or appropriated all pupils of the county shall be permitted to at- tend such school at reduced tuition from what is ordinary, as shall be equitable, and make good to them their interest in said seminary property. 2. When any common school district embraces any school property owned or held in trust by trustees, said trustees are here- by authorized and empowered, by a majority of their board, to sell, transfer and convey the title in and to said property to the trustees of said common school district at such price and on such terms as may be agreed upon by both parties. 3. Whereas, there are many common school districts in the different counties of this State, embracing county seminary prop- erty and school property owned or held in trust by trustees, the trustees of which are very anxious to dispose of to the trustees of common school districts, therefore, it is declared that an emergency exists, and that this act shall go into effect from and after its pass- age. Approved March 17, 1896. XVI. HOUSES OF REFORM FOR BOYS AND GIRLS. AN ACT to establish "Houses of Reform, one for boys and one for girls, and to pro- vide for the government thereof and making an appropriation therefor." Be it enacted by the General Assembly of the Commonwealth of Ken- tucky: 1. That there shall be established in this Commonwealth, immediately after the taking effect of this act, two institutions, one for girls, to be known as the House of Reform for Girls, and one HOUSES OF REFORM FOR BOYS AND GIRLS. 147 for boys, to be known as the House of Keform for Boys, and that the sum of one hundred thousand dollars (f 100,000) be, and hereby is, appropriated, out of any funds in the State treasury not otherwise appropriated, for the purpose of purchasing grounds and the erec- tion and furnishing of suitable buildings therefor. 2. The general supervision and government of said institutions shall be vested in a board of trustees; consisting of six persons, three women and three men. The said trustees shall be appointed by the Governor, by and with the consent of the Senate, and at no time shall a majority of said trustees be members of the same political party, or of the same religious denomination. They shall hold their offices for the term of six years and until their successors are appointed and qualified, but the first board appointed under this act shall hold their offices, two of them, one woman and one man, for two years, two for four years and two for six years, and until their successors are appointed and qualified as aforesaid. Whenever a vacancy occurs in said board, otherwise than by the expiration of a term of appointment, such vacancy shall be filled by a nomination from the board, and confirmed by the Governor. The trustees may be re-appointed. They shall receive no compensation for their ser- vices, but shall be allowed all expenses incurred by them in the discharge of their duties. They may be removed at any time by the Governor for sufficient cause. Said board shall meet annually and elect, of their own body, a president, treasurer and secretary, to hold their offices for one year and until their successors are elected and qualified. The treasurer and secretary shall give such bond as the Governor may direct and approve. Said board shall make an annual report of their action and the condition of the In- stitutions to the Governor. They shall appoint such subordinate officers and assistants as the requirements of the institutions may demand, and shall, subject to the approval of the Governor, fix their salaries and prescribe their duties. They shall, with like approval, adopt and enforce any and all such rules, regnlations and by-laws, for the government and discipline of said institutions as they may deem useful and proper. 3. The trustees shall have power to receive, by gift or purchase, suitable building sites for said institutions, to consist of tracts of land of not less than one hundred acres in extent, and in healthy lo- 148 HOUSES OF REFORM FOR BOYS AND GIRLS. cations in the vicinity of some city, or town, but not less than three miles from the corporate limits thereof; to erect suitable buildings thereon, and to properly equip, appoint and furnish the same. 4. The trustees shall be a corporation, by the name of "The Board of Trustees of the Houses of Reform," for the purpose of taking and holding unto themselves and their successors, in trust for the State, any grant or devise of land, and any donation or be- quest of money or other personal property, made for the use of said institutions, and for the purpose of preserving and investing the proceeds thereof in good securities, with all powers incident to, *&nd necessary to, the exercise of the powers aforesaid, and to carry out and fulfill the purposes of this act. The funds, property and estate that may be granted to, or held by, such corporation for the uses hereinbefore expressed, shall, with the income thereof, be exempted from taxation. 5. The said board, having selected sites as aforesaid for the said institutions, shall immediately deposit with the Secretary of State a certificate of their determination, together with all con- veyances of land granted and securities for moneys or material do- nated. They shall also prepare, or cause to be prepared, and adopt plans for the grounds, buildings and fixtures necessary for said in- stitutions, of such form, style, dimension and finish as, when com- pleted, shall come within the cost and limit of the sum hereinbefore appropriated. The trustees shall, in the preparation and adoption of plans for the necessary buildings, keep in view, if practicable, the possible future enlargment and improvement of said buildings, and so enlarge the plans that such enlargement can be made with- out materially affecting their symmetry or usefulness. 6. Said board of trustees shall advertise for proposals for the erection and construction, furnishing, etc., of said buildings, and fix a time within which said proposals will be received, and, upon the expiration of such time, they may, in their discretion, and with the approval of the Governor, make contracts with the lowest re- sponsible bidder, taking into consideration the price, time of per- formance and responsibility of the contractors. Said contract or contracts, when made and properly evidenced, shall be deposited in the office of the Secretary of State. 7. In the construction of the buildings herein provided for, HOUSES OF REFORM FOR BOYS AND GIRLS. 149 and in the arrangement of the grounds, all cells, bars and grates shall, as far as practicable, be omitted, and what is known as the "Cottage Family Plan" shall be adopted, as it commends itself by accomplished facts as the most intelligent, economical and success- ful system in use. Each of these family houses shall be occupied by from eighteen to; twenty-five girls or boys, with tEeir matron, teacher and housekeeper. The inmates of each cottage shall be as nearly as is possible of the same character as regards innocence or culpability, and each of said cottages, in their general arrangement and discipline, resemble, as nearly as possible or practicable, a well ordered and regulated home. 8. The object of these institutions shall be, not merely a place of detention, but the reformation of those who, by reason of vicious conduct or moral depravity, have rendered themselves bur- densome to their relations as well as to society, and who may be, un- der the provisions of this act, committed to these said institutions; and it shall be the duty of each and every officer of said institutions to see that all rules and regulations are strictly enforced and ob- served. Kindness, firmness and competency are qualifications which shall be required of all officers and employes, and it shall be incumbent on them to see that a kind and proper tone of feeling is observed among the inmates, and, by example and precept, to do everything in their power to reclaim and improve the moral char- acter of the boys and girls under their care, fitting them to become good citizens and useful members of society. 9. It shall be the duty of the board of trustees to meet once every three months, and oftener if deemed advisable. They shall adopt, as hereinbefore said, such by-laws or system of government for the institutions as shall be regarded by them as most effective for the preservation of order, enforcing discipline, imparting in- struction, and for the proper physical, intellectual and moral train- ing of the inmates. They may also adopt such by-laws for their own organization and government as they may see fit. 10. Each institution shall be visited monthly by at least two of the trustees, one woman and one man, no previous notice being given to the officers in charge of said institution of the time of such visit. Said visitors shall thoroughly examine and investigate the workings of the institution, the condition of same and all the de- 150 HOUSES OF REFORM FOE BOYS AND GIRLS. partments thereof including the financial management, accounts, etc. It shall also be the duty of the entire board, or of a majority thereof, to visit the said institutions quarterly, for the same purpose, on the occasion of which last named visits there shall be prepared a detailed statement of the condition in every respect of the institu- tions, which shall be placed on record in a book kept for that pur- pose, and which record shall be open and subject to the inspection of the General Asembly or of any committee thereof having author- ity in the premises, or of any State Inspector of charitable or other institutions. 11. The board of trustees shall have power, and it shall be their duty in proper cases, to bind out such boys and girls as are proper subjects for apprenticeship to responsible and reputable persons, until they are twenty-one years of age, to learn such trades or em- ployments as in their judgment will tend to his or her future bene- fit, stipulating in the indentures for the proper and needful school- ing and other proper terms, and from time to time ascertaining whether the obligations of the master or mistress are fully and rightfully performed, and if not, applying such remedy as may sug- gest itself as proper. Scrupulous regard shall always be had to the religious or moral character of those to whom boys or girls may be bound, that such boy or girl may have the advantage of a correct training in these respects, and a good example and wholesome in- struction. The trustees shall retain jurisdiction over such boys or girls thus bound out, and in proper cases order their return to the institution from which they were bound out. And no discharge from either of said institutions, unless absolute, shall defeat this jurisdiction and prevent any inmates from being recalled or returned for sufficient reasons, of which the trustees are to judge. 12. The superintendent and other officers of either of said in- stitutions shall have power to arrest, without warrant, anywhere in the State, such boys or girls as shall escape from either of said institutions, or who shall leave without proper discharge, and for that purpose may have and receive the aid of all peace officers of the State, upon proper identification, and may and shall have power to cause such boys or girls to be arrested by any such peace officer, upon identification as aforesaid, and to carry said boy or girl back to the institution from which he or she escaped. HOUSES OF REFOKM FOR BOYS AND GIRLS. 151 13. When any boy or girl is brought before any circuit, county or, in cities of the first or second class, police court, being under the age of eighteen years, it shall be lawful for such court, or any of them, in its discretion, to commit such boy or girl to said houses of reform for any period of time not exceeding the minority of such child, in the following cases: (1.) Upon complaint of parent or guardian, supported by satis- factory evidence, that by reason of incorrigible and vicious conduct, such boy or girl is not subject to the control of such parent or guard- ian, or that he or she habitually disobeys the commands of such parent or guardian, or resorts to immoral places and practices, and refuses to attend school or perform labor suitable to his or her ca- pacity; and that by reason therepf his or her welfare and the protec- tion of society demand that such boy or girl be placed under such guardianship as said institutions afford. (2.) Upon complaint made by any peace officer or citizen, sup- ported by satisfactory evidence, that owing to the above reasons, and the further reason that the parent or guardian of such infant is of such immoral character and depraved habits that he or she is incapable or unwilling to exercise the care or discipline necessary, or that, owing to the said moral depravity of the parents or guar- dian of such infant, he has no suitable home, and is liable to be taught to lead a disreputable and immoral life, and is consequently a proper subject for the said commitment and guardianship. (3.) Upon conviction in any of the said courts of any crime, penal offense or violation of any law of this State, or ordinance of any city, and the punishment fixed at fifteen days or more imprisonment in the penitentiary, county or city jail. (4.) When any boy or girl under the age of eighteen, as afore- said, shall be arrested, charged with the commission of a crime, a conviction of which would subject him or her to imprisonment, the judge of any of the aforesaid courts, before which he or she is brought, may, at any stage of the trial, by the consent and at the request of the accused, or of his or her parent or guardian, arrest the progress iOf the same and commit the accused to said institu- tions. (5.) When the grand jury of any county are satisfied that there is sufficient evidence to put the accused on trial for a crime or mis- 152 HOUSES OF REFORM FOR BOYS AND GIRLS. demeanor, he or she being, as before stated, under the age of eight- een years, it may, instead of an indictment, return to the court a report, in writing, recommending such infant to the guardianship of the House of Reform; and thereupon, if the court be satisfied from the evidence adduced, that such commitment would be proper, it may order such boy or girl to be committed to said institution for any length of time, not exceeding the minority of said child. And it shall be the duty of the judge of any court sentencing a boy or girl to either of said institutions under this act to certify to the superin- tendent thereof the age of the person so committed, as nearly as it can be ascertained, by testimony taken under oath and the cause for which committed. 14. When such institutions have been completed, or either of them, or so far completed as to admit of the reception of inmates, it shall be the duty of the Governor to make that fact known by his proclamation, whereupon it shall be lawful for the board of trustees to receive into said institutions, or either of them, such persons as may be committed or transferred to either of said insti- tutions in the manner or by any proceeding authorized by this act. 15. Any person who shall entice, or attempt to entice, away from said institutions any girl or boy legally committed to the same, or who shall knowingly harbor or conceal, or aid in harboring or concealing, any boy or girl who shall have escaped from said in- stitutions, shall, upon conviction of either of such offenses, be fined not less than twenty-five nor more than one hundred dollars, or imprisoned not exceeding sixty days, or both so fined and impris- oned. Any sheriff, policeman or constable shall have power, and it is hereby made their duty, to arrest any boy or girl known by them to have escaped from said institution, and to return him or her thereto. 16. Equal privileges shall be granted to all clergymen in good standing, of all religious denominations, to impart religious in- struction to the inmates of said institution -belonging to their re- spective denominations. 17. Any boy or girl under the age of eighteen years, who shall be committed to either of these said institutions, shall be kept dis- ciplined, instructed, employed and governed under the direction of the trustees until the period of commitment shall have expired, HOUSES OF KEFOKM FOR BOYS AND GIELS. 153 or is bound out or dismissed as reformed, or otherwise honorably discharged under the provisions of this act. The discharge of such boy or girl, except upon the expiration of the period of com- mitment, shall not operate to release said boy or girl from the con- trol of the trustees, and they may, at any time they shall deem ad- visable, recall such boy or girl without a second commitment. The trustees may, at any time, discharge any boy or girl in the custody of said institutions upon the advice or with the consent of the Gov- ernor, or judge of the court committing said child. 18. The inmates of said institutions shall, in addition to a com- mon school education, receive instruction in such branches of in- dustry, agricultural, mechanical, domestic, etc., as the board may, from time to time, determinej the reformation of the inmates and preparation for future self-support being kept steadily in view in the administration of these institutions ; and, as conducive to these ends, the board shall introduce and carry on such branches of in- dustry and manual training as are adapted to the age and capacity of the inmates. As far as practicable agriculture, including hor- ticulture, poultry raising, dairying, dressmaking, tailoring, system- atic teaching of all domestic industries, and skilled cooking, shall be taught and practiced by the boys and girls in such thorough and comprehensive manner as to make these institutions model schools for these particular branches, and to this end competent persons shall be employed as instructors in these branches. The inside and outside work of the said institutions shall be performed by the inmates thereof. 19. The Governor may, upon the application of the superin- tendent, or of the board of trustees of said Houses of Reform, made in writing, or when it is otherwise made to appear to him that such course is expedient, cause any or all such juvenile offenders, under eighteen years of age, as are confined in the penitentiary, to be re- moved, and transferred to said Houses of Reform, the expense of such removal to be borne by the State. 20. The children of white and colored races, committed to said institutions, shall be provided with separate departments. Approved March 21, 1896. Takes effect June 15, 1896. 154 HOW TO INCORPORATE SCHOOLS AND COLLEGES. XVII. HOW TO INCORPORATE SCHOOLS AND COLLEGES. AN ACT to provide for the organization of Eleemosynary and Educat : onal Institu- tions. Be it enacted ly the General Assembly of the Commonwealth of Ken- tucky: 1. Any number of persons may associate to form a corpor- ation, society or association, having no capital stock, for religious, charitable, educational, or any other lawful purpose, from which no private pecuniary profit is to be derived. Such persons shall sign articles of incorporation, and the same shall be filed in the office of the Secretary of State, and recorded in the county clerk's office of the county where the principal place of business of th incorporation is located. The articles shall set forth the name of the proposed corporation, society or association, which shall not be the name of any existing corporation, and the object for which it is formed, and such other facts as the signers of the articles deem proper to mention. 2. When the articles are filed and recorded as provided, and a certificate of that fact is issued by the Secretary of State, the signers of the articles, their associates and successors, shall be a body-corporate and politic, and by the name selected shall have the right to sue and be sued, contract and be contracted with, have and use a common seal, and alter the same at pleasure; and to receive and hold such property, real and personal, whether obtained by purchase, gift or devise, as may be necessary to carry on or promote the objects of the corporation, society, or association, and may sell or dispose of such property at pleasure, unless the property has been received as a gift or devise for some special purpose, and if so received, it shall be used and applied only for such purpose. 3. Corporations, associations or societies organized under this act may adopt such rules for their government and operation, not inconsistent with law, as the directors, .trustees or managers deem proper, but shall not be operated, managed or used for private gain, or engage in any plan or scheme of banking or insurance. 4. Existing corporations, associations or societies heretofore incorporated or chartered, and not operated, managed or used for private profit, and such as may become organized under this act, may, by the consent of two-thirds of the directors, managers or trus- HOW TO INCORPORATE SCHOOLS AND COLLEGES. 155 tees, amend any part of the charter or articles of incorporation by filing and recording the amendment in the manner herein pro- vided for filing and recording original articles. 5. Corporations, associations or societies organized under this act shall not be subject to any of the laws relating to corporations having a capital stock, or organized for pecuniary profit, except that requiring an agent on whom process may be executed, but shall at all times be subject to visitation by the Legislature. 6. In view of the fact that one or more of the existing institu- tions affected, by this act desire to reorganize at once under its pro- visions, therefore, an emergency exists, and this act shall take effect from its passage. Approved March 22, 1892. APPKNDIX. Abstracts of Decisions of the Court of Appeals and of the Superior Court Bearing on the Common School Laws; also of Attorney-General's Opinions. 1. Power of State to Establish Common School Systems. The power of the States to establish and maintain systems of common schools, to raise money for that purpose by taxation, and to govern, control and regulate such schools when established, is one of "the powers not delegated to the United States by the Constitu- tuition, nor prohibited by it to the States," and consequently it is reserved to the States respectively, or to their people. 1874. Mar- shall vs. Donovan, &c., 10 Bush, 690. 2. "What are Common Schools?" The school fund can not be applied by the Legislature to any schools except those actually taught by teachers qualified according to law to teach in districts laid out by authority of the school laws, and under the control of trustees elected under those laws, which all white children in the district within a specified age are privileged to attend. 1874. Col- lins vs. Henderson, &c., 11 Bush, 74. Common-School System to be General. The common-school sys- tem provided for by the Constitution was intended to be general, governed and aided in all parts of the State in the same way, and to the same extent. 1878. Auditor vs. Holland, &c., 14 Bush, 152. Constitutional Law Discrimination Against Negroes Taxa- tion. All legislation which discriminates against any particular race or class of persons is in violation of the Constitution of the United States. Therefore, State taxation for the purposes of edu- cation should be provided for by general laws, applicable to all classes and races alike, all the children of the State being entitled to an equal share of the proceeds of the "Common School Fund," and of all State taxation for the purposes of education. An act, entitled "An act to establish a uniform system of com- APPENDIX ABSTRACTS OF DECISIONS, ETC. 157 mon schools for the colored children of this Commonwealth," ap- proved February 23, 1874, is unconstitutional, because, by implica- tion, it excludes the negro children of the State from any share of the proceeds of the "Common School Fund" set apart by the Consti- tution, as well as from the annual tax levied on the property of white persons for school purposes. 1884. Dawson vs. Lee, Lee vs. Hill, 83 Kentucky Reports, 49. 5 1. Particular Appropriation of Common School Fund was ''in aid of Common Schools" An act of the Legislature converting a common school district into a graded free school district, and pro- viding for the payment of the graded free school of the pro rata of the common school fund going to that common school district, is an appropriation of the common school fund "in aid of common schools," and is, therefore, not in violation of that clause of the Con- stitution which provides that said fund shall not be appropriated for any other purpose. 2. Submission of Question -whether Graded School Should be Es taUished. Under such an act, which provided that the trustees should take the sense of the voters as to whether the proposed school should be established, the submission of the question as to whether a tax should be levied to establish and support a graded school was a substantial compliance with the statute. 3. Same Power of Trustees to fix Time of Election. The statute fixed a day for submitting the question to the voters, but further provided that the trustees should have power to open a poll, not oftener than once a year, upon the question of establishing the graded school, and for the election of trustees, until the same should be adopted. Held That the trustees had the power to fix the time for holding any election after the first one, provided they did not open a poll oftener than once a year. 4. Curative Statutes. Any mere irregularities in the election un- der the statute, the Legislature had the power to cure by a subse- quent statute ratifying the election and the acts of the trustees thereunder. 5. Same. A curative statute is valid if it merely dispenses with that which might have been dispensed with by the Legislature at the outset, or if it treats as immaterial that which the prior law might have treated as immaterial. 1889. Williamstown Graded Free School District vs. Webb, &c., 89 Kentucky Reports, 2G5. 158 APPENDIX ABSTRACTS OF DECISIONS, ETC. 6. Normal Schools. No appropriation for the support of normal schools san be constitutionally made out of the school fund. 1874. Collins vs. Henderson, &c., 11 Bush, 75. 7. Appropriation not in aid of Common Schools. An act appropri- ating a part of the school fund for the purchase of Collin's History of Kentucky, for school districts, is not in aid of common schools, and, therefore, unconstitutional. lo. 8. Taxation. In general, taxation must be equal and uniform, but where the benefits are special and peculiar, those alone who receive the benefits may be made to pay the tax. 1874. Marshall vs. Donovan, &c., 10 Bush, 691. 9. Taxation Irregularity in Election. Where a tax in aid of common schools has been imposed pursuant to an election held for that purpose, the burden is on the tax-payer, who resists the col- lection of the tax, to show that it is void. A mere irregularity in conducting the election will not authorize the chancellor to inter- pose. 1881. Trustees, &c., vs. Garvey, MS. Opinion. 10. Definiteness. A tax of twenty-five cents on the hundred dol- lars is sufficiently definite. /&. 11. School Tax Notice of Vote. It is not necessary that a notice of the time and object of a vote upon a school tax should be signed by all the Trustees of the District. A signing by the Chairman of the Board of "Trustees" is a signing by the trustees within the meaning of the statute. 1886. Frederick vs. Kagland, 7 Ky. Law Kep., 743. 12. Collector of Tax. The Sheriff is, under ordinary circums- tances, the proper officer to collect a tax voted by a school district. The provision of the statute that the Board of Trustees "may ap- point a Collector of Taxes," does not mean that they shall appoint a Collector. /&. 13. Common Schools Taxation. An act of the Legislature au- thorizing a particular district to vote a tax in aid of the common school fund, in order that the school may be taught the entire year, or the higher branches of education brought within reach of all the children, is not in violation of the Constitution, State or Federal. Nor is the teaching of the higher branches of learning in violation of the common school law of the State. 1887. Newman and Others vs. Thompson, 9 Ky. Law Rep., 199. 14. Condemnation of Schoolhouse. A majority of the qualified APPENDIX ABSTKACTS OF DECISIONS, ETC. 159 voters of a common school district having petitioned the school commissioner to condemn the schoolhouse of the district as unfit to be occupied for the purpose of a common school, he was authorized by statute to condemn it, and the trustees, upon being notified of the condemnation by the commissioner, were authorized to order the collection of a tax for the erection of a new schoolhouse without sub- mitting the question to the qualified voters of the district. 1885. Bishop vs. Route, 7 Ky. Law Rep., 962. 15 1. Selection of site for Schoolhouse and Levy of Tax. If the site of a schoolhouse is not located by the trustees of a common school district, as the law directs, a majority of the electors may ap- peal to the county superintendent, whose .decision is final; and a* less than a majority of the eleetors can not even appeal, it is quite clear that they can not, on the ground that the site is not where it should be, enjoin a tax levied by the trustees. 2. Two Trustees are a quorum, and their act is the act of the Board. ^Therefore, where three trustees signed an order of levy, the fact that one of them did so under a mistake of law does not invalidate the order. 3. Conditions Precedent to right to order Levy. Selection of a site for a schoolhouse and obtaining a title are not conditions precedent to the rights to order a levy. 1889. Stiles, &c., vs. Beall. &c., 11 Ky. Law Rep., 486. 16 1. Selection of Site for Schoolhouse Powers of County Super- intendent. The county superintendent of schools, in hearing an ap- peal from the decision of the trustees of a school district in the se- lection of a site for a schoolhouse, acts in a judicial capacity, and, like other judicial officers, may reconsider his judgment if it is made manifest to him that it is erroneous, provided it is done within a reasonable time, and before rights have been acquired un- der his previous decision. 2. Same. The decision of the county superintendent is con- clusive, and can not be disturbed by court except upon the ground that he was influenced by improper motives. 1890. Brinsore vs. Cottenham, &c., Ky. Law Rep., 720. 17. Collection of Tax to Build a School-house, etc. 1. Under the present school law the trustees of a common school district may order the collection of a tax to build or repair a school-house with- 160 APPENDIX ABSTRACTS OF DECISIONS, ETC. out submitting the question to the voters of the district, but it is a condition precedent of the right to order the tax that is necessary to build a school-house, or that the county superintendent has con- demned the school-house, and that it needs repairing. 2. The Legislature has the constitutional power to authorize the trustees of a school district to order the collection of a tax, not to exceed a certain sum, without submitting the question to a popular vote. While the Legislature must always prescribe the rule under which the taxation is imposed, and can not refer this power to an- other body, yet having prescribed the rule it need not fix the ex- act sum to be raised or the particulars of the expenditure. 1889. Macklin, &c., vs. Trustees Common School District No. 9, of Frank- lin County; 88 Ky. Reports, 597. 18. Towns and Cities Fines and Forfeitures Common Schools. Under an amendment of January 12, 1860, to the charter of the town of Harrodsburg, providing that the fines and forfeitures recovered in the name of the Commonwealth in the police court of the town should be vested in the board of trustees for the use of the common schools in the town, the town and not the common schools was en- titled to all fines or forfeitures arising from a violation of town ordi- nances, whether imposed in the name of the Commonwealth or in the name of the town. 1887. Board of Trustees of the town of Harrodsburg vs. Harrodsburg Educational District, 9 Ky. Law Rep., 605. 19. School Commissioner. Mandamus is the proper remedy against the county judge for refusing to permit school commis- sioner to qualify. 1883. Greenup County Court, &c., vs. Clifton 5 Kentucky Law Rep., 241. 20. Sureties of Commissioner. The sureties of a Commissioner are not responsible for money drawn from the treasury by him un- less it is drawn according to law. 1872. Hammond vs. Crawford, &c., 9 Bush, 77. 21. Trustees Employment of Teachers School trustees have the right to act until their successors are chosen and qualified. One of two trustees elected in room of two whose term had expired, declined to qualify; the other qualified, but tine commissioner fail- ing to receive the evidence of his qualification, appointed two others in their stead. Held That a teacher employed by two of APPENDIX ABSTRACTS OF DECISIONS, ETC. 161 the former Trustees, and the newly elected Trustee who had been qualified, was entitled to the school money, and not a teacher em- ployed by the Trustees appointed by the Commissioner, and there being an old school-house and a new, it is immaterial that the former taught in the old house and the latter in the new. 1884. Cravens vs. Purns, by, &c., 5 Ky. Law Rep., 602. 22. Suit ~by Trustees. The Trustees of a school district as such, may maintain an action for the recovery of school property, but it is proper that they should give their names. 1884. Lewis vs. Trus tees, &c., 5 Ky. Law Rep., 767. 23. School Property. Trustees of a school district can not main- tain an action to recover a piece of ground given to build a school- house upon for the benefit of J;he neighborhood, a building having been erected by the neighbors and used as a school-house. The patrons of the school, or one, for all, must sue. 76. 24. Payment of Teachers. The collection of the amount neces- sary to be raised, in addition to the public funds for the payment of teachers, must be provided for by the Trustees by contribution from the patrons or otherwise ; and if the Trustees fall to make this pro- vision, they are personally liable to the teacher for the amount they had agreed to pay him. The teacher should have nothing to do with the raising this fund. 1867. Ferguson vs. True, &c., 3 Bush, 257. 25. Trustee Compelled to make Report. The teacher of a district school may by mandamus compel the Trustee to make to the Com- missioner the report necessary to enable the teacher to get his wages from the State. The fact that the Trustee may be indicted for a failure to report, and is liable in damages to any one injured by the failure, does not exclude the remedy by mandamus. 1885. Jones, &c., vs. Strange, MS. Opinion. 26. Evidence of Teacher's Employment. When a school has been taught as a free school by a person claiming to have been properly employed, actually attended by nearly all of the children in the dis- trict, visited and recognized as the common school by one Trustee without any active opposition from another, the evidence adduced to prove the employment should not be subjected to the most rigid and exhaustive analysis. Ib. 27. Attachments of Teacher's Salary. Money due a common 11 162 APPENDIX, ABSTKACTS OF DECISIONS, ETC. school teacher can not be attached in hands of Commissioner. 1871. Tracy, &c., vs. Hornbuckle, &c., 8 Bush, 336. 1879. Allen, &c., vs. Russell, &c., 78 Ky. 116. 28. Suit Against Trustees. In a suit by a teacher against Trus- tees alleging a contract with all, no recovery can be had upon proof of a contract made with part only. 1885. Houngan, &c., vs. Phil- lips, 7 Ky. Law Kep., 150. 29. Poicer of Legislature over School Fund. The General Assem- bly has no power to devote any portion of the school fund to the payment of teachers not acting under the control or supervision of the officers of the common schools. 1872. Halbert vs. Sparks, 9 Bush, 262. 30. 'The Legislature can make a -school district, and impose a tax for school purposes, without submitting the question to a vote of the people thereof. Fitzpatrick vs. Board of Trustees of Mt. Sterling Public School District, 87 Ky. Reports, 132. 31. Graded Schools. Under the law, approved May 4, 1888, a majority of white voters in any district must vote for the tax to make it lawful. A majority of those voting is not sufficient. (The law is different since July 6, 1893, and requires only a majority of those voting.) Kate Riggs vs. Stephens, Co. Supt.; and Garvey vs. Dulaney, Ky. Appellate Court, Dec. 17, 1891. 32. Taxation. Trustees must make a record of all taxes levied when the levy is ordered, and make a record of every step taken. Davidson vs. Sterrett, Superior Court, March, 1892. 33. The Legislature can not Divert State Fund from a Common School. A private academy was authorized to admit such pupils from the common school district as would pay tuition, and then col- lect the pro rata of these pupils from State school fund; and also to- exempt such persons as patronized the academy from district tax- ation. Held That the act was unconstitutional and void. Under- wood vs. Wood, Co. Supt., Ky. Appellate Court, May 5, 1892. 34. District Taxation. The trustees of a school district need not see the order of county superintendent in which he condemns the house of their district. It is sufficient that county superintendent notifies them as a condition warranting the levy of a tax to build a suitable house. The order of condemnation need not even be entered on his record before the levy of the tax is made; it is suffici- ent if done later. The county superintendent is the judge as to the APPENDIX ABSTRACTS OF DECISIONS, ETC. 163 need of a house or furniture, and Trustees must act on notice from him. Trustees of District No. 1, Barren County vs. Jamison, Ky. Appellate Court, January 17, 1891. 35. District Taxation. 1. No other assessment than that made by the county assessor is needed in order to levy a district tax. 2. The selection of a site for the house, and securing a fee simple title are not conditions precedent to the levy of a tax, and house may be built on leased land if Trustees so elect, as for the best in- terests of the district. 3. The tax not being beyond that authorized by law, the alle- gation that it would produce $170, and that only f 80 was needed to make the repairs, is not sufficient to justify the injunction. There being a difference of opinion as to the cost of repairs, the opinion of the trustees must control. Cromwell vs. Trustees Dis. No. 44, Franklin county, Superior Court, June 8, 1892. 36. Record Necessary to Determine the District in which a Tax- payer Belongs. A tax was voted in September, 1882; Mr. Bell had acted as Trustee of the district in 1873; had sent his child to school there as late as 1878; had, before 1873, asked the County Superin- tendent to transfer him to said district, and he thought he had been so transferred, but the County Superintendent had never entered the change of boundary on his record. When the tax was voted, Bell claimed not to be in the district, and refused to pay the tax. Held That he never was in the district, and should not pay the tax. Ab- ney vs. Bell, Fleming County, Superior Court, Dec. 16, 1885. 37. District Taxation Residence of Minor Owner of Personal Property Sought to be Taxed. 1. The form of the order in Trustees' Record and the form of the election notice need not be precisely identical. It is sufficient that they be the same in substance. 2. The statute does not, in a case where an election is held to vote a tax, and same has been voted, require the Trustees thereafter to make and enter in their records a formal order levying the tax voted. It is sufficient that they make an order appointing a collec- tor of the voted tax. The value of the property in the district, as assessed by the County Assessor, is to be used for taxation by the district. 3. Part of the property taxed was a house and lot in Princeton, Ky., and in the district where tax was levied; but the greater part 164 APPENDIX ABSTRACTS OF DECISIONS, ETC. was stock, bonds and notes belonging to minors and in the hands of a guardian in Louisville, Kentucky. The parents of minors had lived in Princeton, but removed to Texas, and thence to Tennessee, where they died, leaving three children. These children went to Princeton, where their grand parents lived. One had been sent to school at Staunton, Virginia, and had spent two vacations at Prince- ton and one in Texas, where she was engaged to be married; the other two had remained at Princeton, and their property had been taxed for State and county purposes in Princeton. Held That all three were citizens of Princeton district, and all their property sub- ject to taxation for school purposes. Glover's Guardian vs. Prince- ton School District, Superior Court, September, 1892. 38. District Taxation to enlarge School-house. When it is ascer- tained that a school-house is too small to accommodate the children of the district, the County Superintendent can require an addition to be made to it. No specific course is required to be followed by the Superintendent. His having notified the trustees that the house was insufficient to accommodate the children, and that they should make suitable provision for their accommodation, was held to be sufficient. Katcliff, &c., vs. Dist. No. 1, Caldwell County, Superior Court, September, 1892. 39. District Taxation Under Special Act of Legislature. A tax of 75 cents on each $ 100 of property value, and f 5 on each poll to erect buildings and maintain a ten months' school in the Eobards District having been voted by the whites, and a collector appointed, ten tax-payers proceeded to enjoin the trustees and collector from col- lecting tax. Held 1. The act does not apply to negroes or their property, but the whites can not complain on this account. 2. The notices having been posted for the time required, and having set out the object of the vote substantially, they were sufficient. 3. Since the statute authorized a tax, not exceeding seventy-five cents to each $100, and a poll tax not exceeding $5 to each poll; after; the tax was voted, there was need of an order by the trustees, desig- nating the amount of tax to be collected. They made this, but did not enter it of record, claiming that they complied with this by en- tering same on the collector's book, or by adopting the entry in the collector's book, and swearing him to collect the tax as entered in that book. APPENDIX ABSTRACTS OF DECISIONS, ETC. 165 4. The Eobards District was made up of Nos. 33 and 34, and on tin* day of the election the County Superintendent of Henderson county carved out of it District No. 75, and no person in his new dis- trict voted on the question of taxation. Held That this did not in- validate the election to have the tax in the Robards District, and that, therefore, the tax must be paid. The injunction was dissolved. Eakin et al, tax-payers, vs. Eakin, Trustee, et al, Ky. Appellate Court, October, 1892. 40. Late Decision on an Old Question. 1. The county school com- missioners having been once paid three dollars for each district vis- ited will not be allowed to collect three dollars more for each in the census report of his county, made during same year, although the payment for visiting was-made under a mistaken view of the meaning of the law. It must be accepted pro tanto as payment for reporting the census. 2. The plea of limitation was good on and after September, 1891, for a claim against the State due September, 1884. Superintend- ent of Public Instruction vs. Bradley, School Commissioner of Scott Co., Superior Court, March, 1893. 41. District Taxation of Corporations. Railroad companies must report to the Auditor, on or before the first day of September, an- nually, the length of their road in each school district in this State, and its average value per mile. Any school district levying a tax in any year may tax all railroads within its boundary, and all taxes are payable on or before the tenth day of October. The trustees of District 83, Hardin county, having voted a tax of twenty-five cents on each one hundred dollars of property value, and put the tax list in the hands of the sheriff to collect, they there- by appointed him collector, and he was authorized to collect the tax due by the railroad company on so much of the road as lay in said district. L. & N. R. R. Co. vs. Trustees of Dist. 83, Hardin Co., Su- perior Court, March, 1893. 42. Kind of Titles Trustees Should Have to Land. Trustees ac- cepted the donation of land, with reversionary interest in donor, in case the land should ever cease to be used for school purposes; and levied a tax to be used to build a schoolhouse on the land, but exempted the donor of the land from this tax. A tax-payer of the district resisted the payment of his taxes because the trustees had not a fee-simple title, and because they exempted the donor 166 APPENDIX ABSTRACTS OF DECISIONS, ETC. from taxes. Held That neither plea was good, and he must pay his taxes. John Gess vs. Trustees of Dist. 25, Fayette Co., Supe- rior Court, April, 1893. 43. Power of County Judge in Condemning Land for School-house. The trustees of district 7, Letcher county, selected a site for school- house; the owner would not sell; they applied to county judge for writ to condemn the land for school purposes; the owner answered that the land was not at the center of district, and was set in fruit trees and in use as an orchard; the county judge refused to issue a writ to condemn the land, and the trustees appealed to the circuit court and asked for mandamus to compel the county judge to issue the writ. Held That the decision of the County Superintendent as to the site of a schoolhouse, though final as to contention of certain parties in the district, does not affect the rights of the land owner; that the county judge, acting in a judicial capacity, had the right to refuse the writ, and that mandamus was not the proper proceeding to Set aside his decision. Wright, Trustee vs. Baker, County Judge, Kentucky Appellate Court, May, 1893. 44. How to Collect School District Taxes of Corporations. The trustees of district No. 7, Laurel county, sought in the circuit court thereof to collect a tax of twenty-five cents on each one hundred dol- lars of property value in said district of the Louisville & Nashville Railroad Company. Held That they must proceed according to article 3, chapter 92, General Statutes, and amendments thereto, adopted April 2, 1890. These statutes require: (1) That the county superintendent, in his official capacity, shall furnish to the road the boundary of the district in which the track is situated. (2) The railroad company, on or before September 1, in each year, shall report to the Auditor the length of the road in each school district, and the average value of the road per mile. (3) The Railroad Com- missioners must equalize this reported value per mile. (4) The Auditor shall then certify to the county clerk of each county court the amount so assessed for taxation in his county for State, county, city and district taxation, and the railroad company of the amount of its assessment; and on this assessment, so certified to the County Clerk, the tax dm* ;;m district must be estimated. Any petition to subject the railroad company to taxation must set out that all these steps have been taken, otherwise it is defect- ive. The petition in this case was dismissed because fatally de- APPENDIX ABSTKACTS OF DECISIONS, ETC. 167 fective. Trustees of District 7, Laurel county, vs. L. & N. R. R. Co., Superior Court, May, 1893. CITY COUNCIL OF RICHMOND, Appellant, vs. }- Taxation. C. S. POWELL, Appellee. In order to issue bonds for more than the income for any year, a school board must submit the question to a vote of the district, and two-thirds of the voters must favor it, or it will be in violation of section 157 of constitution. June 16, 1894, CITY OF LUDLOW, r Appellant, vs. [> Bond Issue. BOARD OF EDUCATION OF SAME CITY, Appellee. An act of Legislature in April, 1890, authorized the city of Lud- low to issue |30.000 of bonds for building schoolhouse, etc. The voters at 41 ri election, favored the issual of $25.000 of bonds for this purpose August 4, 1890. The city council, on September 18, 1890, enacted an ordinance directing the bonds sold for said purpose. In 1891, the present constitution went into effect before the bonds had been delivered to the school board. Held That the constitution does not interfere with the selling of these bonds; though it would be different as to bonds authorized since the constitution became the law in 1891. May 7, 1895. SUPT. PUBLIC INSTRUCTION, Appellant, vs. ^Expenses, Etc. AUDITOR OF STATE, ... ... Appellee. This decision holds that the Legislature has constitutional power to charge the common school fund w r ith the payment of all the expenses of the State department of education, whatever the kind or the character; and that the Legislature has done this in section 9 of the school law; and this notwithstanding the language of sections 184 and 186 of the constitution. March 28, 1895. 168 APPENDIX ABSTK ACTS OF DECISIONS, ETC. SUPT. OF FRANKLIN COUNTY, Appellant, vs. [* Taxation. L. & N. R. R Appellee. Trustees of school districts being authorized by law to levy both poll and an ad valorem tax for building a schoolhouse, etc.; it is held that they may, in their discretion, levy an ad valorem tax and omit the poll taw and their action be valid. April 17, 1895. E. TOWN SCHOOL DISTRICT Appellant, vs. ^Taxation. L. & N. R. R Appellee. Delinquent taxes due, before November 11, 1892, to school dis- tricts may be collected by trustees ; since that date must be collected by county superintendent for the district. A corporation may not avoid taxation by pleading that it has no color neither white nor black, since all property by present law is taxed, except that belong- ing to colored people. April 17, 1895. LIZZIE KING, Appellant, vs. }- Debt for Material, Etc. TRUSTEES OF DISTRICT 23, Mason County Appellee. J. C. King, one of three school trustees of District 23, bought lumber for a school-house for District 23. The lumber company sued King and got a judgment for $165.20, which Lizzie King set- tled, and it was transferred to her, and she sued for a mandamus against the trustees of District 23, to compel them to levy and col- lect a tax off the property of the district to pay the debt con- tracted to build the school-house. She failed to get a mandamus because the cause was defectively pleaded and badly conducted be- fore the courts. October 31, 1895. TRUSTEES OF FULTON DISTRICT, Appellants, vs. ^Graded School. T. N. SMITH & Co., . Appellees. This was an injunction against trustees to prevent the collection of a tax for graded school at Fulton. Ten tax-payers, etc., filed a petition for a graded school district on May 6, 1894, with the county APPENDIX ABSTRACTS OF DECISIONS, ETC. 169 clerk. On May 9, 1894, it being a regular term of the Fulton County Court, the judge made an order directing the sheriff to hold an elec- tion to vote for a tax, which was duly advertised and held, a major- ity voting for the tax, but the injunction is sustained, because the word "receives," in section 100 of the school law is adjudged to have a "technically legal meaning;" which is, that a county judge can not receive a petition except by making an order on his order book say- ing that the petition has been "received'" and further that he can not make this order "receiving" such a petition, except on a day which is the regular term of the county court ; and after this order, "receiving" said petition, has been duly entered, the judge must wait until the next regular term of his court before he can legally make an order directing the sheriff to hold an election. March 5, 1896. OPINIONS OF THE ATTORNEY-GENERAL. I. 1. The right to remove a county superintendent is made to de- pend on the existence of a fact. This fact must exist before the right to remove attaches. 2. As to whether this fact exists or not, every ofljcer subject to removal is entitled to be heard before some kind of judicial tribunal. 3. The statute does not give the power to remove at will, but only after a hearing, and the establishing of the fact conditional to removal. P. W. HARDIN, July, 1886. Attorney-General. II. When the law provides that a trustee holds "until his successor is elected and qualified, or appointed and qualified/' there is no vacancy simply by the expiration of his term; and no vacancy exists, when the term expires, authorizing the county superintendent to make appointment to fill vacancy. October, 1887. P. W. HARDIN, Attorney-General. 170 APPENDIX-ABSTRACTS OF DECISIONS, ETC. III. 1. It is not the province of executive or ministerial officers to set aside laws enacted by the Legislature until declared unconstitu- tional by the courts, whatever their opinions may be. 2. A statute requiring teachers to be re-examined while holding certificates to teach is not unconstitutional on that account. 3. The Legislature may require greater qualifications, or more evidences of qualifications, from any one proposing to teach in the common schools. 4. Rights acquired by such certificate must be held and accepted as continuing subordinate to the power and duty of the Legislature to act for the public good. October, 1888. P. W. HARtilN, Attorney-General. IV. 1. A tax for white schools in any district is to be levied on the property of whites only, and a tax for colored schools to be levied on the property of colored persons only. 2. It is only when whites are taxed for white schools that cor- poration property can be taxed; but when such property is taxed, the colored schools of the taxed territory must receive their pro rata part as provided in the statute. August, 1891. P. W. HARDIN, Attorney-General. V. 1. Trustees levied tax to build school-house, and built one cost- ing four hundred and forty-four ($444) dollars. The tax for three years failed to pay, and they incurred a debt of two hundred and fifty ($250) dollars. 2. The trustees were not personally liable for this debt, as it was a debt of the district. 3. The superintendent of the county is authorized to condemn the house for the debt incurred to finish the house, and the trustees can then levy a tax for three years more to meet the deficit. October, 1891. WM. J. HENDRICK, Attorney -General. ' APPENDIX ABSTRACTS OF DECISIONS, ETC. 171 VI. 1. The trustees of District 21, Pendleton county, exhausted the three years' tax in building a house, and had a debt of eighty dol- lars while the house was still without desks. 2. The county superintendent had the undoubted right to con- demn the house for repairs in the way of furniture, and for debt, and the trustees should thereupon levy tax sufficient to pay debt and pay for furniture. October, 1891. WM. J. HENDRICK, Attorney-General. VII. 1. Trustees of District No. 2t), Casey county, levied a tax to buy school furniture, and exhausted the funds collected, and were still forty ($40) dollars in debt for same. 2. The county superintendent should condemn the house for re- pairs, whereupon the trustees would be authorized to levy a tax to pay the debt contracted, for repairs. 3. Trustees are not personally liable on such a contract, as it is the debt of the district. October, 1891. WM. J. HENDRICK, Attorney-General. VIII. 1. The Crab Orchard District, organized under Article 3a, School Law, voted a tax of sixty cents to each one hundred dollars of property, and a two-dollar poll-tax to support a school and justify four thousand dollars' worth of bonds for a school-house. Query Does the district in the matter of schools fall under section 157 of the new Constitution? 2. Section 157 does not stand in the way of the tax, and there is no word or line in the new Constitution which limits in any way the taxation which a school district may vote on itself for the purpose of maintaining a system of education, such as is contemplated in our common school laws. November, 1891. WM. J. HENDRICK, Attorney-General. 172 APPENDIX ABSTRACTS OF DECISIONS, ETC. IX. 1. The Adairville school charter makes the board of trustees the sole judges of the qualifications of the teachers employed; yet it seems these qualifications should not be lower than is required in the public schools of the country. 2. The question of taxation for the school need not be submitted to a vote annually. December, 1891. WM. J. HENDRICK, Attorney-General. X. The County Court of Knox county exempted several persons from paying poll-taxes due the county, and on this fact they claimed exemption from paying poll taxes in a school district. Held That the County Court of Claims has no power, authority or jurisdiction to grant exemption to any one, for any tax, poll or ad valorem, under the laws of Kentucky. December, 1891. WM. J. HENDRICK, A ttorney- General. XI. 1. Statutes in existence, when the new Constitution became the law of the State, were superseded by it, when there was a conflict. 2. Section 186, of new Constitution, secures the pro rata assigned to any district for the year ending June 30, 1892 (the year the new Constitution became a law), when not used that year, to the same district for the year following, ending June 30, 1893, and if not used in either year, it then passes to the General School Fund. 3. -Any part of the pro rata belonging to any district, when not used at the end of the school-year for which it was designed, must be returned to the State Treasury, and remain there to the credit of the district for next year. September, 1892. WM. J. HENDRICK, Attorney-General. XII. 1. The Arlington Graded Free School District, in Carlisle county, organized under section 17, article 3a, of School Law, and offered bonds for sale to provide house, etc. The purchasers raised APPENDIX ABSTRACTS OF DECISIONS, ETC. 173 the question whether section 157 of new Constitution forbade the issue. 2. Held That it was the sense of the convention which framed the constitution, after matured deliberation and prolonged discus- sion, that the limitation on the taxing rate in section 157 should not, and does not, include taxes for school purposes. The convention left the matter to the discretion of the Legislature and the people. October, 1892. WM. J. HENDRICK, Attorney- General. XIII. J. L. McDowell was elected county superintendent of Rpbertson county, November 1, 1892, to fill out the term of one elected in 1890. Query At what time shall he take office whether January 1, 1893, or as soon as his election has been certified, and he has qualified by giving bond, &c. ? Held That having been elected to fill out part of a term, he had a right to the office as soon as he got his certificate of election and executed bond. December, 1892. WM. J. HENDRICK, Attorney-General. XIV. The trustees of a district in Grant county owned a school-house and lot worth three hundred and fifty dollars. The lot was given to the district about 1867. The donor has been dead twenty years. Trustees have had possession of lot for twenty-five years, but there is no deed or writing of any kind on record to show the nature of the contract. Trustees are compelled to build a larger house to ac- commodate the children, and ,put on another site. Question Do the house and lot revert to the heirs of the donor, or can the trustees sell same for benefit of the district? Held That having held possession more than fifteen years, the. presumption is that the trustees had a good title at the beginning and still own the property, and can sell same for benefit of district; that the heirs have no title to the lot. December, 1892. WM. J. HENDRICK, Attorney-General. 174 APPENDIX ABSTEACTS OF DECISIONS, ETC. XV. 1. In locating a school-house, the trustees may employ a sur- veyor if, in their judgment, it is necessary, and the charges should come out of the fund for purchase of site and for building the house. 2. The trustees are not required to execute an indemnifying bond to their collector of taxes. January, 1893. WM. J. HENDRICK, Attorney-General LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 175 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, AND OTHERS COMPLETE LIST BY CLASS AND NUMBER. Frankfort, Ivy., April 15, 1896. To County Superintendents, Trustees, Teachers and Others, Interested in the Betterment of Our Schools: I here publish a list of the official blanks most used to conduct the business of our common schools; and following, the forms also. Some of those named are not given herein but they are printed and sent out by the State office. Some new forms have been added and all have been renumbered to enaJble us to group them under conveni- ent general heads. These forms have been prepared with great care as to their legal bearings, and are thought to be up to date, so far as the law has been construed by the Appellate Court. They will be a reliable guide to the less experienced school officials, and will, we hope, con- tribute materially to the efficient administration of public school business, and assist in making the system as nearly uniform as pos- sible hroughout the State, preventing confusion and avoiding liti- gation. In most cases reference is made to the law giving rise to the forms presented. Respectfully, W. J. DAVIDSON, Chairman State Board of Education. LIST OF BLANKS. v I. COUNTY SUPERINTENDENT WITH STATE OFFICE. No. 1. Annual Report to Superintendent of Public Instruction. No. 2. Annual Settlement w r ith State. July. No. 3. Annual Census Report to Superintendent of Public In- struction. June 1. No. 4. Annual Report to Railroad Companies, of District Bound- aries Containing any part of Railroad Track. June 30. No. 5. Certificate of County Board of Examiners Concerning Ap- plicants for State Certificate to Teach. No. 6. Certificate of County Board of Examiners Concerning Ap- plicants for Common School Diplomas. 176 LEGAL FOKMS FOR SCHOOL OFFICERS, TEACHERS, ETC. No. 7. Order granting an Appeal to Superintendent of Public In- struction from Decision of County Superintendent. No. 8. Transcript of Papers, Evidence, Exceptions, etc., in Cases Appealed to State Office. No. 9. Appeal to State Board from decision of Superintendent of Public Instruction. No. 10. Certificate of Examiners as to the condition of Examina- tion Questions, etc. No. 11. Requisition for Blanks. No. 12. Eequisition for Examination Questions to be made twenty days before the third Friday in May, June, July, and August. II. COUNTY SUPERINTENDENT WITH TEACHERS. No. 13. Application for a County Certificate to Teach. No. 14 County Certificate Issued to Teach. No. 15. Certificate that Teacher Attended the Institute. No. 16. Notice to Teacher that Charges have been Preferred against Him. No. 17. Notice to Teacher to show cause why he should not be suspended or removed. No. 18. Order of County Superintendent Removing Teacher. No. 19. Notice to Teacher of his Removal. No. 20. Receipt for Money Paid Teacher. III. COUNTY SUPERINTENDENT WITH TRUSTEES. No. 21. Description and Boundary of District. No. 22. Order Condemning School-house, etc. No. 23. Notice that School-house has been Condemned. No. 24. Order appointing a Trustee to fill vacancy. No. 25. Notice to Trustee of his Appointment. No. 26. Notice of Proposed Change of Boundary. No. 27. Order Changing Boundary. No. 28. Notice of Time and Place of Holding Institute. No. 29. Notice to Trustee that charges have been preferred. No. 30. Notice to Trustee to show cause why he should not be re- moved no formal charges having been preferred against him. No. 31. Order of County Superintendent removing a Trustee. No. 32. Notice to a Trustee of his removal. No. 33. Trustee declining to accept office. LEGAL FORMS FOR' SCHOOL OFFICERS, TEACHERS, ETC. 177 IV. COUNTY SUPERINTENDENT WITH EXAMINERS AND OTHERS. No. 34. Order Appointing Examiner for County. No. 35. Oath of Examiner. No. 36. Order Adopting Text Books. No. 37. Statement to County Judge as to Books needed for In- digent Pupils. No. 38. Receipt to County Judge for Books for Indigent Pupils. No. 39. Subpoena for Witnesses. No. 40. Attachment for Witnesses. No. 41. Notice to another County Superintendent that a frac- tional district will be reclaimed. V. TRUSTEES TO COUN1Y SUPERINTENDENT. No. 42. Annual Census Report. (White). May 1. No. 42-a. Annual Census Report. (Colored). No. 43. Annual Report of School Taught. No. 44. Monthly Report of School taught and that Teacher is entitled to pay. No. 45. Order of Trustees on Treasurer or County Superintend- ent to pay money. No. 46. Transferring Pupils and per capita to other Districts. No. 47. Certificate that Trustees have been elected or tax voted. No. 48. Trustees filing Charges against Teachers. VI. TRUSTEES WITH THE DISTRICT. 49. Order of Tax Levy for building, etc. No. 50. Notice fixing time for payment of taxes for building, etc. No. 51. Order of Tax Levy for Incidental Expenses. No. 52. Notice fixing time for Payment of Taxes for Incidental Expenses. No. 53. Notice as to time and place of County Institute. No. 54. White notice of an Election to be held for Trustee or Tax. No. 54-a. Colored notice of an Election to be held for Trustee or Tax. VII. TRUSTEES WITH OTHERS. No. 55. Certificate of Election given to Trustee-elect. No. 56. Notice calling a Meeting of Trustees. 12 178 LEGAL FORMS FOK SCHOOL OFFICERS, TEACHERS, ETC. No. 57. Minutes of Meeting Employing a Teacher. No. 58. Contract with Teacher to Conduct School. No. 59. Notice to Parent that his Child has been Expelled or Re- stored. No. 60. Notice to Teacher to show Cause why he should not be Suspended or Dismissed. No. 61. Notice to Treasurer of his Appointment. No. 62. Bond of District Treasurer. No. 63. Treasurer's Receipt to Tax Payer, 63-a, 63-b, and 63-c. No. 64. Treasurer's Annual Report to Trustees and County Sup- erintendent. No. 65. Petition to County Judge that Laud be Condemned for a School-house site, etc. No. 66. Contract Leasing a Site for School-house. No. 67. Proposals for Erecting or Repairing School-house. No. 68. Contract for Building a School-house. No. 69. Bond for Performance of Contract. No. 70. Appeal from Action of Trustees Locating a School-house. No. 71. Notice to Trustee that an Appeal has been taken. No. 72. Oath of Trustee Entering Office. No. 73. Certificate of a Justice of the Peace that a Trustee has been sworn in. No. 74. Charges Against a Trustee by a Citizen of the District. No. 75. Charges Against a Teacher by a Citizen of the District. No. 76. Notice to Person Neglecting to Send Child to School. No. 77. Note of Trustees for Borrowed Money. VIII. TEACHERS WITH TRUSTEES AND COUNTY SUPERINTENDENT. No. 78. Monthly Report to Trustee and County Superintendent. No. 79. Term Report to Trustee and County Superintendent. No. 80. Notice to Trustee that a Pupil has been Suspended. No. 81. Inventory of Furniture and Apparatus Reported to Trus- tee at close of term. IX. GRADED SCHOOL FORMS. No. 82. Petition to County Judge to Order an Election for a Graded School. No. 83. Order of County Judge Filing the Petition. No. 84. Order of County Judge Directing the Sheriff to. hold an< Election for Graded Schools. LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 179 No. 85. Proclamation of Sheriff Advertising the Election to be Held for Graded School. No. 86. Poll Sheet and Certificate of officers holding the Elec- tion for Graded Schools. No. 87. Order of County Judge Declaring the Graded School Es- tablished and Trustees Elected. No. 88. Notice of County Superintendent to Trustees elected to meet at a time and place to organize. No. 89. Notice for an Election of Trustees First Saturday in May. X. COUNTY COURT AND SPECIAL EXAMINERS, ETC. No. 90. Certificate to Superintendent of Public Instruction that some one has been elected County Suprintendedent. No. 91. Certificate to Superintendent of Public Instruction that some one has been appointed County Superintendent to fill va- cancy. No. 92. Certificate of County Clerk to Superintendent of Public Instruction that County Superintendent has Executed Annual Bond. No. 93. Certificate that Applicants for Eligibility to become County Superintendents have been. Examined. No. 94. Certificate of State Board of Examiners that Certain Persons are Eligible as County Superintendents. No. 95. Order of County Court Appointing a Commission to Assess Damages for a Site for School-house. No. 96. Report of Commissioners to Assess Damages for Site of School-house. XI. GENERAL. No. 97. Course of Study. No. 98. Daily Program for School. No. 99. Diplomas for Graduates of the Common School. No. 100. State Certificate to Teach. No. 101. State Diploma to Teach. No. 102. Teacher's Grade Book. No. 103. Trustees' Record Book. No. 104. Regulations for Libraries. No. 105. Biennial Report of Superintendent of Public Instruc- tion. No. 106. School Laws. The following numbers do not appear among the Forms in this 180 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. volume, but are printed Blanks sent out by the State office on requi- sitions by County Superintendents or other proper parties : Nos. 1, 2. ">, r,, 10, 11, 12, 14, 20, 42, 43, 44, 47, 49, 50, 54, 54-a, 62, 78, 79, 86, 89, 92, 94, 97, 98, 99, 100, 101, 102, 103, 104, 105 and 106. (Form No. 4.) Report of Boundaries of School Districts Through Which Railroads Run. (Art. IV, Sec. 4, Revenue Law; School Law, page 139.) Office of Superintendent Common Schools, . . . ' County, Ivy., 189... To the Railroad Company. Gentlemen: As required by the Revenue Law of Kentucky, I report to you the boundaries of common school districts (graded or ordinary), through which the railroad is operated, in this county, or such part thereof as will readily enable you to determine the length of track in each district, as follows: The line (east, northeast, north, or northwest, as the case may be) of district No. . . crosses said road .... feet .... (north, south, and so on as the case may be) of milepost No. . . (taking, of course, the post nearest where the line crosses, which in every case must be less than one-half mile, and being careful to state which of the two numbers on the post is used) ; and the .... line of same (west, southwest, south, or southeast) crosses the right of way of said road .... feet .... of milepost No. ... In this district there are, as indicated above, .... miles of road. And thus with other districts. Respectfully submitted, S. C. S. *This report should be mailed to the officer or agent having charge of the com- pany's* business in this State, in time to reach him certainly by July 1. The same form should be used by County Clerk. LKGAL KOU.Mr, FOR SCHOOL OFFICKRS, TEACHERS, ETC. 181 (Form No. 5.) Certificate of County Board of Examiners as to Applicant for Teach- er's State Certificate. Office of Superintendent of Common Schools, County, Ky., 189... We hereby certify that , whose examination papers accompany this, was examined by us on the and day of , 189 . . , in strict accord- ance with the provisions of Section 132, School Law of 1890; that he did not, either directly or indirectly, receive any assistance; and that ...... moral character is unexception- able. We do furthermore certify that, according to our knowledge and belief, he is not less than twenty-one years of age, and has had at least two years' experience in teaching; and we recommend that a Teacher's State Certificate be granted , County Superintendent, , Examiner. , Examiner. Subscribed and sworn to before me, a this day of , 189. .. .(Form No. 7.) Order Granting An Appeal. Office of Superintendent of Common Schools, County, Ky., 189... Appellant, j vs. V Order. State of Kentucky. J On the motion of , an appeal to the Sup- erintendent of Public Instruction is granted him from my judgment in removing him from teaching the common school in District for 182 LEGAL FOKMS FOR SCHOOL OFFICERS, TEACHERS, ETC. from being Trustee), No , as per record in my office, of which this is made a part. Given under my hand, date above written. , S. G. S. NOTE. The original record, or a copy thereof, will be forwarded to the State office by the County Superintendent, after minute of the proceedings had, and copy of the judgm % nt have been entered in his Record Book. (Form No. 8.) County Superintendent's Transcript of Appeal. (Section 34.) I, , County Superintendent of County, State of Kentucky, hereby certify that the foregoing is a correct and complete transcript of the records of all proceedings had, the evidence given, and papers filed in my office and my rul- ings thereon, and my decision in the case of vs. This the day of , 189. ., at , Ky. Signed, County Supt. NOTE. (a) The date of filing every paper should be endorsed thereon, all motions made, the rulings of the County Superintendent, all his orders, and the substance of all oral testimony should be reduced to writing at the time of trial and forwarded with the transcript of the case. (&). The transcript of the County Superintendent will consist of an exact copy of the papers filed and the endorsements thereon, together with a copy of the substance of all testimony given, the whole arranged in proper order as to time, closing with the de- cision of the County Superintendent in full, with the ab above certificate attached. (Form No. 9.) Appeal to the State Board of Education from Superintendent of Pub- lic Instruction. (Section 34.) Office of Superintendent of Common Schools, County, Ky., 189... John Doe, Plaintiff, ^ vs. s Richard Roe, Defendant. S The defendant (or the plaintiff, as the case may be), prayed an *On receipt of this notice of appeal, with exceptions as referred to, the Superin- tendent of Public Instruction will conyene the Board of Education and submit the record. LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 183 appeal from the judgment of the County Superintendent, finding for the plaintiff (or defendant, as the case may. be) in the above- styled case, to the Superintendent of Public Instruction, who af- firmed said judgment. He now appeals from said decision of the Superintendent of Public Instruction to the State Board of Educa- tion, and prays a reversal of the judgment, with all proper relief. On motion, judgment is suspended during such time as will be re- quired for a hearing of the case. His bill of exceptions accompan- ies this, and will be made a part of the record now in the office of the Superintendent of Public Instruction . s. c. s. (Form No. 13.) Application for Certificate to Teach. (Section 63.) To the Board of Examiners for .County: I hereby make application for a county teacher's certificate. In so doing, I fully recognize the moral as well as the legal obliga- tions that rest upon me, neither to give aid to, nor to receive as- sistance from, any one, during the examination, and should I, in the course of the same, thoughtlessly or otherwise, violate either, I agree to waive my right to continue longer in the examination and to withdraw therefrom. In evidence of my moral fitness to teach, I state that I do not indulge in drunkenness, profanity, gambling, or licentiousness, and in support of this statement, I refer you to the subjoined statement of two witnesses of unquestionable integrity, who* are intimately acquainted with me, and whom you know, or of whose reputation for veracity you can easily learn, that I possess an un- ceptionable moral character. I further submit that I have never unlawfully obtained or attempted to obtain, sell, barter, or give any State Board questions, nor in any other way been connected with their unlawful use. Better to enable you to arrive at my attainments and my abil- ity to instruct and manage children, I submit the following facts: 184 LEGAL FORMS FOE SCHOOL OFFICERS, TEACHERS, ETC. 1. I am over 18 years of age, and have attended school since 16 years of age about as follows: Common schools months; High schools months; College months; Normal schools months. In addition to the above, I have attended Teachers' Institutes, and take .... Educational Journals. 2. I have heretofore received professional certificates as fol- lows : , and I have taught in the public schools . months. I enclose the examination fee of one dollar, and agree to con- form to all lawful rules and regulations in conducting the exami- nation. Signed, , Applicant. Subscribed and sworn to before me this day of , 189... h Signed, County Supt. or Examiner. We, the undersigned, certify that we have been intimately ac- quainted with for years, and know h. . to be of unexceptionable moral character. Should any conduct in violation of the above obligation on the part of the holder come to our knowledge during the continuance of the cer- tificate granted under this writing, we agree to withdraw this en- dorsement. Signed This the day of , 189 (Form No. 15.) . Certificate of Attendance at Institutes.* (Section 140.) Office of the Superintendent of Common Schools, County, Ky., 189... This is to certify that has attended the Teach- *The Teacher is required to file this with Chairman of Board of Trustees in his district where he contracts for school. LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 185 ers' Institute for this county for the school year ending June 30} 189. ., for (here insert number of days and parts of days). , s. c. s. (Form No. 16.) Notice to Teacher that Charges Have Been Preferred. (Sections 20, 55, 63, 64, 81, 88, 89, 133, 134, 135, 136, 140). Office of Superintendent of Common Schools, County, Ky., 189... To , Teacher in District No You are hereby notified that charges of (here insert incompe- tency, neglect of duty, immorality, or other disqualification, all or singular) have been preferred against you, and your removal (or suspension, as the case may be) demanded. The specifications are as follows: You will take notice that at o'clock, A. M., on the day of 189 . . , the case will be heard at my office and you will then and there attend and make such plea and proof as may seem to you consistent with truth and equity. Entered of record, date above written. ,, S. C. S. (Form No. 17.) Notice to Teacher to Shoiv Cause Why lie Should not be Suspended or Removed No formal Charges Having been Preferred. Sections 20, 55, 63, 64, 81, 88 ? 89, 133, 134, 136, 140.) Office of Superintendent of Common Schools, County, Ky., 189... To , Teacher in District No You are hereby notified that it appears to the satisfaction of 186 LEGAL FOKMS FOK SCHOOL OFFICEKS, TEACHEKS, ETC. .the County Superintendent on personal observation, and from facts that have otherwise come to his knowledge, that you are just- ly chargeable with (here insert incompetency, neglect of duty, immoral conduct, or other disqualifications, all or singular, as the case may be) specifically in this: That (here set out such acts, omissions, etc., within the Superintendent's knowledge, as are held to disqualify). You will take notice that at .... o'clock, a. m., on the .... day of , 189. ., you will appear at my office and show cause why you should not be removed from having further charge of the school.* S. C. S. *0r why your certificate should not be revoked, as the case may be. (Form No. 18.) Judgment of County Superintendent Removing Teacher. (Sections 55 and 89.) Office of Superintendent of Common Schools, For County. State of Kentucky, "| vs. It appearing, from evidence produced before me on the day of , 189. ., that ., teacher in District No , this county, is (here insert im- moral, incompetent, or other disqualifying fact established on trial) as charged, it is adjudged that he be dismissed from further service as teacher in said district, and a vacancy is hereby de- clared. Dated this day of , 189. .. Entered of record, date above written. , S. C. S. NOTE. If the facts established on trial are such as to render the accused ineligible to hold a certificate, the order should declare certificate revoked. LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 187 (Form No. 19.) Notice to Teacher of His Removal. (Sections 55 and 136.) Office of Superintendent of Common Schools, County, Ky., 189... To , Teacher in District No In the matter charged by (here insert name of accuser), after a full hearing of pleas and evidence, the Superintendent being sufficiently advised: It is ordered that the charges be sustained, and you are dismissed from employment as Teacher in the District aforesaid. Entered of record, date above written. (Form No. 21.) Description and Record of Boundary. The boundary of a District shall be indicated substantially as follows, noting that each farm-house near the lines be distinctly assigned its proper District, so that no mistake may occur in taking the census or levying tax. Residences along the lines carry with them for purposes of taxation and census return, the en- tire farm and tenants thereon: By virtue of authority vested in me by Sections 41, 65 and 66, School Law, I have this day ordered, and entered of record, that District No , shall include all the territory and families within the following lines: Beginning near the residence of Tom Jones, on the road,* so as to include him, and running thence S. E., about three miles to the residence of John Smith, in- cluding him; thence south, about three miles to the residence of John Doe, excluding him; thence S. W. about four miles to creek; thence with said creek to the crossing of the road; thence N. W. about three miles to the residence of Richard #0r other natural or artificial object. 188 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. Roe, excluding him; thence N. E. to the large oak on top of Little's Knob; thence straight to the beginning except that A. Lineman is excluded.* Dated at , Ky., , 189. .. *Send copy of order to chairman of District for entry in his Record Book, and to chairman of each other District affected, that he may govern himself accordingly. (Form No. 22.) Order Condemning School House, Etc. (Section 41.) Office of Superintendent of Common Schools, County, Ky., 189... After due investigation in the matter of school house in and for District No , and by virtue of authority vested in me by law, the said house is hereby condemned as unfit for use as a school house for said district, and the Trustees thereof are hereby ordered to have a new house erected for said district. This order is entered of record, this day of , 189 . . . Signed, S. C. 8. (Form No. 23.) Notice of Condemnation. (Section 41.) Office of Superintendent of Common Schools, County, Ky., 189... To Board of Trustees, District, No Gentlemen: By virtue of authority vested in the County Super- intendent, I have this day condemned the school-house in your Dis- trict as not in accordance with the requirements of the law and the interest of the pupil children. You are hereby directed to proceed under sections 78 and 79 to levy tax or otherwise provide means LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 189 to* and to have the work executed as soon as practicable. Entered of record, under date as above. , S. C. S. *Here set out in full what is to be done; as, to purchase site, to build, to enlarge, to repair, to put in furniture or apparatus, to protect property by fence, to provide water, or any of these. (Form No. 24.) Order Appointing Trustees. (Section 74.) Office of Superintendent of Common Schools, County, Ky., 189... It appearing that there is a vacancy in the Board of Trustees of District No , by reason Now, therefore, by virtue of authority vested in me by law, I do hereby appoint , to be and to exercise the power and the authority of Trustee in said District No until July, 1, 189. . ., the end of said term and until his successor shall be elected or appointed and qualified. Entered of record, date above given. , S. C. S. (Form No. 25.) Notice to Trustee of his Appointment (Section 74.) Office of Superintendent of Common Schools, To , Ky., 189... You are hereby notified that you have been appointed Trustee for District No , of county for the remainder of the term ending on the 30th day of June, 189 . . . Please to notify me at once if you accept the place, as I hope you will for the good of the Commonwealth. Very truly and respectfully, ,, S. C. S. 190 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. (Form No. 26.) Notice of Proposed Change of Boundary. (Section 41.) Office of Superintendent of Common Schools, Ky., 189... To the Board of Trustees, District No Gentlemen : You are hereby notified that on the day of 9 189. ., at 10 o'clock, a. m., I will hear argument and consider petitions for and against a change of boundary line be- tween District Nos and ....,* so that said line which now runs shall be made to run or otherwise, as shall appear from information then and there or previously obtained to be most in accordance with the interests of the districts to be affected. You are requested to make this generally known among your people. Please to take due notice and govern yourselves accordingly. , S. C. S. *To be addressed to chairman of each District concerned, to reach him ten days before the hearing. (Form No. 27.) Order Changing Boundary of District. (Section 41.) Office of Superintendent of Common Schools, County, Ky., 189... In the matter of change of boundary between Districts No and No , having duly examined petition, heard arguments and testimony, and being sufficiently advised, it is ordered that the line between said Districts which now runs shall be changed to run as follows, viz: so as to conform to the best interests of all parties, or at least to a large majority of those affected by the change. Entered of record, date above written. , S C. S. For County. LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 191 (Form No. 28.) Notice as to Time of Holding Institute. (Section 143.) Office of Superintendent of Common Schools, County, Ky., 189... To Trustees of Common Schools: Gentlemen : The Teachers' Institute for this county, for the cur- rent school year, will be held at , beginning on the day of , and continuing days. Please to notify promptly, as the law requires, every teacher in * your District. Observe that in addition to direct oral or written information, written notices are to be posted. If you have con- treated with a Teacher who is absent from the county, it is your duty to write him or her at once. That you may avail yourselves of the opportunity of hearing and taking part in the discussion of matters pertaining to your of- fice, you are notified that (here insert day of week) will be Trustees' Day. V. , S. C. S. *A copy of this notice is to be mailed to each Board of Trustees in the county (addressing its chairman), twenty days before the Institute. (Form No. 29.) Notice to Trustees that Charges Have Been Preferred Against Him. Office of Superintendent of Common Schools, County, Ky., 189... To , Trustee, District No You are hereby notified that certain patrons of District No. , have charged you with (here insert malfeasance, misfeas- ance, neglect of duty, immoral conduct, or other disqualification all or singular.) Take notice that at .... o'clock, a. m., on the day of , you will appear at my office to show cause why you should not be removed from office. ,;.; , s. c. s. 192 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. (Form No. 30.) Notice to Trustee to shoiv Cause Why. he Should Not be Removed No Formal Charges Having Been Preferred Against Him. Sections 20, 55, 75, to 95, 135 and 136.) Office of Superintendent of Common Schools, County, Ky., 189 ... To , Trustee in District No You are hereby notified that it appears to the satisfaction of the County Superintendent, from personal observation and from facts that have otherwise come to his knowledge, that you are justly chargeable with (here insert misfeasance, malfeasance, neg- lect of duty or immoral conduct, all or singular, as the case may be) specifically in this: That (here set out such acts, omissions, etc., within the Superintendent's knowledge, as are held to work forfeiture of office.) You will take notice that at .... o'clock, a. m., on the .... day of , 189. ., you w r ill appear at my office and show cause why you should not be dismissed as provided in Section 55, School Law. , S. C. S. (Form No. 31.) Judgment of Removal of Trustee from Office for Misfeasance, Mal- feasance or Neglect of Duty.* (Sections 55, 88, 89.) It appearing on trial held before me, that , a trustee of District No , County of Ky., charged with , which offense creates a for- feiture of his office, it is adjudged that he be removed from his office of Trustee as aforesaid, and said office is hereby adjudged to be vacant. This day of , 189 ... , S. C. S. *Copy of this should be sent to Trustee as notification of his r vn >vj,l. LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 193 (Form No. 32.) Notice to Trustee of His Removal. (Sections 55 and 136.) Office of Superintendent of Common Schools, *. County, Ky. ? 189... To , Late Trustee in District No In the matter charged by (here insert name of accuser), after a full hearing of pleas and evidence, the Superintendent being suffic- iently advised: It is ordered that the charges be sustained, and you are dismissed from being*"or acting as trustee in the district aforesaid. Entered of record, date as above. . , s. c. s. (Form No. 33.) (Section 74.) Trustee Declining to Accept. To , County Superintendent : My Dear Sir: I am in receipt of notice of my* as trustee for District No , and regret that circumstances are such that I am compelled to decline the position. I recommend as a suitable person for the position. Respectfully, Signed ^Election or appointment. (Form No. 34.) Order Appointing a County Examiner. * (Section 60.) Office of Superintendent of Common Schools, County, Ky 189... It appearing that , well known to me, is a *A copy of this order should be furnished to each appointee. 13 194 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. strictly moral and a well educated person, and holds (here insert County Certificate of first class, State Certificate, State Diploma, or diploma of graduation from school of high character, as- the case may be), he is hereby appointed a member of Board of Examiners for this county, to serve as such during my present term of office, unless he resign or be removed for cause. Entered of record, date above written , s. c. s. (Form No. 35.) Oath of Examiner. (Section 60.) I, , having been appointed an Examiner of Appli- cants for Teachers' Certificate and for Diploma of Graduation, in and for the county of , Kentucky, and accepted the ap- pointment, do hereby solemnly swear that I will faithfully dis- charge the duties of said office, as required by the Common School Law. , Examiner. Subscribed and sworn to before me, and filed in this office, this day of , 189..* Clerk of the County Court. *This affidavit must be made and filed before an Examiner is qualified to act. (Form No. 36.) Order Adopting Text-Books. (Section 61.) Office of Superintendent of Common Schools, County, Ky., 189... At a meeting of the County Board of Examiners held this all being duly notified, and a majority being present, it appeared that the former adoption of Text-books for the Public Schools of this county expired , 189 . . ; whereupon, having carefully examined and compared all Text-books whose publishers LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 195 have filed bond with the Superintendent of Public Instruction, copies of which are on file in this office, with prices of said books, we have selected and do hereby adopt for use in the Public Schools of this county, for five years from the day of , 189 , the following books: (Here designate the books in order, with prices of same.) Entered of record, date above written. , S. C. S. , Examiner. , , Examiner. (Form No. 37.) Text-Books for Indigent Children. (Sections 43 and 82.) Office of Superintendent of Common Schools, County, , Ky., July ...., 189... To , Judge of the County Court: Dear Sir: Reports from the various Boards of Trustees, as required by Section 82, School Law, and personal observation, en- able me to report to you the following as a reasonable estimate of books needed for indigent children of this county for the en- suing school year: loz. Slates @ - .? -doz. Slate pencils @ -doz. Spelling books @ -doz. First Readers @- -doz. Second Readers @- -doz. Third Readers @- -doz. Fourth Readers @- -doz. Fifth Readers . -doz. Primers @- -doz. Primary Arithmetics @- loz. Intellectual Arithmetics @- -doz. Practical Arithmetics @- doz. Language Lessons, Part I 196 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. doz. Language Lessons, Part II @- doz. Elementary Grammars @- doz. Practical Grammars @- doz. Elementary Geography @- doz. Complete Geography @- -doz. Histories of U. S. . @- doz. Histories of Kentucky @- loz. Physiology and Hygiene (a - loz. Civil Government (ff- -doz. Copy Books (- Total . @- The books, etc., can be had of your local dealer at prices above set out. Calling your attention to Section 43, School Law, I have to represent that to meet the demands of all the schools it is necessary to purchase as soon as possible. Respectfully, ,, S. C. S. (Form No. 38.) Superintendent's Receipt to County Judge for books to be Furnished to Indigent Children. ' 1. ^.-i (Section 43.) Office of Superintendent of Common Schools, County, Ky., 189... Received of Judge of the County Court, the following books, etc., to be furnished to the in- digent pupil children of this county, as required by law: (Here set out in full, as in the order, all that is received, that the itemized statement may be judge's voucher in settling with the fiscal court.) , S. C. S. LEGAL FOKMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 197 (Form No. 39.) Subpoena for Witness.* (Section 89.) Office of Superintendent of Common Schools, . . County, Ky 189... The State of Kentucky. ... To the Sheriff (or any Constable or Marshal) of county: You are commanded to summon to appear at my office, on the day of 189 . . , at o'clock, a. in., to testify in the case of , in District No. . . . t . . , on a charge of Given under my hand, date above written. , S. C. S. *To testify on trial of Teacher or Trustee. (Form No. 40.) Attachment for Witnesses. (Section 89.) Office of Superintendent of Common Schools, County, Ky., 189... The State of Kentucky to the Sheriff of County : You are commanded to arrest , and have him before me, at my office by or before o'clock on the day of 189 . . , to testify in the case of , charged with , and to answer for disobedience to subpoena served on him. Given under my hand, date above written. .".., S. C. S. NOTE. If bond is taken for the appearance of a witness, it should be for $100. 198 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. (Form No. 41.) Notice that Part of Fractional District Will 6e Reclaimed. (Section 68.) Office of Superintendent of Common Schools, County, Ky., 189... To , S. C. S. of County. You are hereby notified that at the end of thirty days 'after reasonable time for the transmission of this letter, I will reclaim that part of this county which lies in fractional District No , of (here insert my county or your county, as the case may be), unless cause can be shown why such a step would seriously prejudice the interests of the pupil children in said district. I call your atten- tion to the fact that (here insert no house has been built, or the house is unfit for school purposes), and that no loss of property can result from this action.* , S. C/S. *If there is ground belonging to the fractional district, and house and furniture of any kind, such property should be sold by the trustees, and the proceeds divided pro- portionately to school population between the two fractions. (Form No. 45.) Order of Trustees on Treasurer or County Superintendent. (Sections 79 and 80.) School-House of District No , State of Kentucky, County of , 189.. To District Treasurer.* At a meeting of the Board of Trustees, duly called and held this day, a majority being present, it was ordered that be paid the sum of and dollars (f ), for (here set out for what payment is to be made), as per bill filed with us, marked ; and you will pay to him, *0r County Superintendent, as the case may be. LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 199 or his order, accordingly. This order, with payee's receipt, shall be your voucher for same. Witness, minutes of meeting in our Record Book, and my sig- nature. , Chairman. (Form No 46.) Request for Temporary Transfer of Pupils. (Section 69.) To the Trustees of District No , County, Ky.: Gentlemen: Please to allttw me to send of my children to the school in adjoining District No , for the current school year, since it is more convenient to them. This day of , 189 ... Resident of District No. Indorsement by Trustees of District where the children reside: We, the Trustees of District No consent to the transfer above requested, since it will not shorten term of our school nor interfere with contract with teacher. This day of , 189. . . , Chairman x V Board of Trustees. Indorsement by Trustees of District where the children reside : We, the Trustees of District No consent to the transfer above requested, as it will not interfere with the efficiency of our school nor with our Teacher's contract. This day of , 189... , Chairman \ , I Board of Trustees. * Request and indorsements should be had before contracts are made with Teacher, and this paper filed with County Superintendent before the end of first month of school. 200 LEGAL FORMS FOK SCHOOL OFFICERS, TEACHERS, ETC. (Form No 48.) Charges Against Teacher by Trustees. (Sections 55, 63, 81, 83, 88 and 130.) Ky., 189. .. To , County Superintendent of Common Schools: We, Trustees of District No , county of , hereby charge Teacher in said District with (here insert drunkenness, profanity, gambling, licentiousness, in- competency, neglect of duty, all or singular, as the case may be) specifically in this, that (here insert such acte and omissions, known to the Board, as are held to disqualify) and we have suspended him from having charge of the school, subject to your approval. Entered of record, date as above. , Chairman. Trustee. , Trustee. (Form No. 51.) Order of Levy for Incidental Expenses of School.* (Section 80.) We, the Board of Trustees of District No , county of , Ky., having this day met in a corporate ca- pacity, after due notice, a majority being present, to provide for the comfortable conduct of the school for said District now under contract for the current year, do hereby levy a poll-tax of on all persons whose children attend the school, in accordance with section 80, School Law. The Teacher is required to furnish the District Treasurer the names of the patrons and said Treasurer will collect at the time specified in notices posted or sent to said patrons. Those who become patrons after the list has been fur- *Copy of this notice should be sent to the Teacher, and notices, fixing time and place at which payments must be made, must be posted at three prominent places in the District. All who fail or refuse to pay before the close of the school, should be deemed delinquent, and collection may be had by distraint of property. LEGAL FORMS FOR SCHOOL OFFICERS, TRACKERS, ETC. 201 Disked will pay to the Treasurer, or some one deputized by him to receive it, without further notice. Entered of record, this ....... day of , 189 . . . , Chairman. , Trustee. , Trustee. (Form No. 52.) Notice to Pay Poll-Tax for Incidental Expenses. (Section 80.) The patrons of the common school in District No , in county, are hereby notified that, in accordance with section 80, Common School Law, a poll-tax of .... has been levied on all persons having children who are attending, or will attend, to pay expenses incident to the comfortable conduct of the school. The limit fixed for the payment of these taxes is weeks, and payment must be made to the District Treasurer on or before the expiration of that time. He will be at on the day of , 189 . . . , to receive said taxes. At the expiration of that time, it will be the duty of the Treasurer to enforce payment. This day of , 189 ... , Chairman -\ Board of Trustees. (Form No. 53.) Trustees' Notice of County Institute. (Section U3.) School District No , County of , Kv. All teachers and persons proposing to teach in the public schools of this State the current year, will take notice that the Teachers' Institute will convene at Ky., on Mon- dav, the . . day of . , 18!).., and continue live days. 202 LEGAL FOKMS FOR SCHOOL OFFICERS, TEACHERS, ETC. X All teachers that fail to attend the full session of the County In- stitute forfeit their right to teach in the public schools during the year, or to obtain a. certificate to teach during the year, unless they are excused by the County Superintendent for such non-attendance by reason of actual sickness or other disability. This the day of , 189. .. Signed Chairman. NOTE. Post a notice like the above at three or more public places in the district. (Form No. 55.) Certificate to be Given to Trustee- Elect. (Section 72.) This certifies that at an election held this day, A, B, was duly elected to fill the office of Trustee of Common School District No. , county of , for three years from July 1, 189... Given under my hand this day of , 189 . . . Judge of Election. (Form No. 56.) Notice Calling a Meeting of Trustees. (Section 75.) School District No , County of , Ky. To , Trustee of District aforesaid: You will take notice that a meeting of the trustees of said dis- tract is hereby called to convene at the district school house on the day of , 189 . . at .... o'clock . . m. to consider .- and such other business as may properly come before said board. This the .... day of , 189. .. *Signed Chairman. *(). The Chairman declining to call a meeting of the Board, the other Trustees may do so, but in such case it will be prudent to consider only that business mentioned in the call. (b). Regular meetings of the Board should not be less frequent than monthly, and should adjourn to meet at a time and place specified, which should be entered in the minutes. This practice saves the Chairman the trouble of giving notice to con- vene the Board except in emergencies. * LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 203 (Form No. 57.) Minutes of Trustees' Meeting. (Section 75.) School District No , County of , Ky. At a meeting of the board of trustees of the above named district, duly convened by the chairman for the purpose of considering ap- plications and employing a teacher for the public school in said district fir the current year, there were present , , and After due consideration of the claims of all applicants and of others whose services might be had, on motion of , it was ordered that contract be entered into with , for a term of .... months at $ .... per month, the school to begin on the day of , 189 ... On this question and voted for and voted against employing said This the day of , 189... Chairman. (a). Two of the Board may be in favor of employing a certain teacher, and may conclude because they constitute a majority, there is no need of meeting to conside*r the subject. But each member of the Board has an equal right to be heard. Two of the Board have no right to assume that the remaining member may not be able to give good reasons for employing some other person than their applicant, or at least to con- vince them that they should not employ him. Not only the law, but common cour- tesy, demands that every member be given an opportunity to be heard. (ft). At this meeting a member of the Board should be appointed to arrange for'a supply of fuel for the school term. Another member should be selected to have the school house, out-houses, water supply, etc., put in good condition for the opening of the school. (c). It is also suggested that the Board divide the district into convenient sections at this meeting, and assign each member certain patrons to visit during the two weeks preceding the opening of the school for the purposes set 'out in section 82. All these transactions should be made a matter of record, and recorded in the min- utes following the record employing a teacher. (Form No. 58.) Teachers' Contract with Trustees Printed by State Office and sent out with Record Book also inserted here. (Section 81.) This Article of Agreement, entered into on the day of , 189. .. Witnesseth: That A B , hold- 204 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. ing a class certificate, has contracted with D.... C. . . ., E. . F and G H , Trustees of District No , in the county of , State of Kentucky, to teach the Common School of said District for the term of months, beginning on the day of , 189 . . , in accordance with the Common School Laws and Rules and Eegulations prescribed in pursuance thereof by the State Board of Education, for the sum of (| ;.-.). The said Dis- trict has a census enrollment of pupil children. All parties are held subject to all legal supervision provided for in the School Laws; and the right of suspending the teacher for legal cause is reserved. It is agreed that fires are to be made and floors swept during the school term by , the Trustees furnishing fuel and brooms, etc. , Chairman, , Trustee, . Teacher. (Form No. 59.) Notice to Parent or Guardian that a Pupil Has Been Expelled or Restored. (Sections 83 and 136.) School-House, District No , County of , Ky., , 189... To , The Board of Trustees having met this day in a corporate ca- pacity, all having been notified, a majority present, to investi- gate the charge preferred by , Teacher, against , pupil, for (here give the charge), have made due inquiry and weighed impartially the testimony offered, and we conclude that said charge is (here insert sustained or not sustained, as the case may be) ; and you are hereby notified that said pupil is (here insert expelled or restored, as the case may be.)* , Chairman. Trustee. Trustee. *Teacher or parent can appeal from this finding to the County Superintendent, whose decision shall be final. LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 205 (Form No. 60.) Notice to Teacher to Show Cause Why He Should Not be Removed. (Sections 20, 55, 61, 81, 83, 133, 134, 135 and 136.) District No , County of Ky., .... ,189 To , Teacher in District No. . ;> You are hereby notified that you have been charged with con- duct unbecoming a teacher and inconsistent with School Law, in this : That (here set out the specified act or acts, and omis- sions charged.) This charge will be investigated at the District Schoolhouse, at o'clocji , on the. . . .day of , 189. ., at which time you will appear and make such plea and proof as may seem to you in the interest of justice and equity, or the charge will be taken as confessed and you will be removed, subject to approval of County Superintendent on trial had before him. Entered of record, date above written. , Chairman. Trustees. (Form No. 61.) Notice of Appointment to be District Treasurer. (Section 79.) Ky., 189... To , You are hereby notified that you are appointed to be Treasurer of Common School District No , this county, for the term of .... years. You will execute bond for the sum of .... dollars, which is approximately double the amount of taxes to be collected this year from all sources, as provided in Sections 79 and 80, which bond, to be approved by County Judge or a Justice of the Peace and filed with him, shall be renewed annually in such sum as may be necessary to cover double the collections for each year. Minute of appointment entered of record, date above written. Chairman. \ (. Trustees. 206 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. (Form No. 63.) a 2 o SB* 1 H ve per cent, added after. Total amount due ... x Rate for Building >r Teaching Fund.... Total Value Subiect t rsonal Property not Sub, 1 1 X 1 I wn Lots Number f p 2, i c 5, i 1 a^ d cc Wg , 5_ [ EQUALIZE VALUE. t ( ^ ' i C ' i t < s H 2 o H 0) (D ^ $ 5" S ^ 2 ti g5 Ci c ba s . i 6 r GQ Ka o ^ ^>* ?^ b 1 ^ Sr 1 S g- >u 5s 4 5Vi * ^ 1- ^ * 1 gl ^ Ij i *4 ^ : c Q i * ^ ; : : ^ ! ^ i s 1 ] l ' . | 1 ; o i c^i ; W S* ! , , b Q ^** ; SS* i B ^& ' 9 1 * . HH c^ ' ^4 s Hri * I its- : | H ^ ^ ^ i 00 Ss ^ si CD r *? s- 1 ?! 1"* ^ b s? l^J -i ft S F^X ^*"S ^ c* ^1 2 s? Ci LEGAL FOKMS FOR SCHOOL OFFICERS, TEACHERS. ETC. 207 Note. If the tax-payer refuses to pay his taxes as designated in forms 50 and 52, the Treasurer has the same power as the sheriff in the collection of State and county revenue and may proceed in the same way to collect by levy and sale, by attachment, or by action. The complications that may arise in the collection of this tax are varied and numerous, and the treasurer should consult the county attor- ney, who is by law his legal adviser, when in doubt as to the proper steps to be taken. The treasurer will in every case, however, make out carefully on form No. 63, the receipt of each delinquent, present it to him and demand payment. If he fails or refuses to pay, the Treasurer will proceed under sections 4443 and 4184, Kentucky Statutes, to attach any debtor of the delinquent, if there be such, as in Form No. 63-a, to*wit: School District No , County of , Ky. To :The taxes due me as Treasurer of the above-cited district from , amount to $ To that extent you are hereby notified not to pay or deliver to him any money or property which you may now owe or may hereafter become indebted to him, and to appear before the County Court of the county on the first day of its next term to show cause why you should not be adjudged to pay said taxes. This the day of , 189... , Treasurer. Or the Treasurer, under sections 4148 and 4149, may distrain goods and chattels sufficient to pay such taxes. In this case he must advertise at the court house door at least ten days before the day of sale the time and place of same, then sell sufficient property to pay the tax and costs. The advertisement at court house should be something as follows: Form 63-b. NOTICE TAX SALE. School District No , County of , Ky. As Treasurer of above district, on the day of , 189. . ., at 1 o'clock, p, m., at within said dis- trict, I will at public outcry proceed to sell levied on or distrained as the property of to pay amount of his school tax and costs, due me as Treas- 208 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. urer thereof for the year 189 This the day of , , 189.... Treasurer and tax collector of district named above. Or the Treasurer, under section 4151, Kentucky Statutes, may, if there be no personal property that may be distrained for taxes, sell enough real estate belonging to the delinquent to pay taxes and costs, as lands are sold under execution,'as modified by the section. He will notify the person owing the tax, by postal card 15 days beforehand, of the time and place of sale, specifying the land to be sold; advertise for fifteen days before, by poster at court house door the time and place of sale; also for four weeks, once a week, in a newspaper of the county; if no paper is published, then by posters at three or more conspicuous places in the district. The following Form 63-c may be used : TAX LAND SALE NOTICE. School District No , County . . , Ky. As Treasurer of the above-named district, on the day of , 189 . . . , at 1 p. m., at the court house door, I will proceed to sell at public outcry, to pay school taxes due me as Treasurer of above-named district for the year 189 . . . , the lands of the following named persons, situated within said district or so much thereof as may be needful to pay the taxes due and costs, as indicated herein. The lands, levied on as the property of , who is due $ of taxes, are bounded on the south by the lands of , on the east by the lands of , on the north by the lands of , and on the west by the lands of , and is the same listed by , the deed of conveyance to the said being recorded in the clerk's office of this county on Book No. . . . Page . . . The lands levied on as the property of , who is due $ of taxes are bounded on the south, etc., In like manner set out all lands to be sold and close with, dated the day of 189 , Treasurer, and tax collector of district named above. In case no one bids for the land, it shall be the duty of the Treas- LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 209 urer to purchase the same for the district, for the amount of tax due and commission thereon, and, as directed in 4152, shall make return to the County Clerk, and to the Trustees, who will give him credit therefor. When sold for taxes to individuals, report of such sale must be made to the Clerk as provided in section 4162, of the Statutes. For further information on this subject see sections 4153, 4154, 4159, and 1682, Kentucky Statutes. (Form No. 64.) Annual Report of Treasurer of District No County of , Ky., to the Board of Trustees:* (Sections 78, 79, 80 and 99.) I. LEVIES. Amount levied under section 78, as shown by lists made up from County Assessor's book, and from railroad assessment in County Clerk's office: For purchasing site, building, repairing, furnishing making fence, providing water, or any of them . . $ For meeting old debt or other obligation Amount levied under section 80 for incidentals, as shown by Trustee's list Amount levied in accordance with vote, sections 94- 99, for paying teacher Additional amount by reason of 5 per cent, penalty on delinquents , Total : $.. II. COLLECTIONS AND DISBURSEMENTS. Received on list made up from County Assessor's book, Section 79 I Received on railroad property Received from** : Total, f . . Paid out as per orders of trustees and receipts filed herewith $ . . Balance on hand *A duplicate of this must be filed with the County Superintendent. 14 210 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. Received on trustees' list, for incidentals, see Section 80 I Received from** Total, f Paid out, as per orders of trustees and receipts filed herewith $. . Balance on hand Received on list made up from County As- sessor's book, Sees. 94-99 f Received from** .Total, Paid out, as per orders of trustees and receipts filed herewith Balance on hand $ Total of balances f The foregoing is a true statement of levies, receipts and pay- ments, as required by law. This day of . . , 189. .. , District Treasurer. "'This item is intended to cover money received from predecessor, from County Superintendent when this officer holds in trust or has received funds for the district, or from trustees who have sold district property, etc. (Form No. 65.) Petition to County Court to Condemn Land for School Site.* (Section 77, School Law, and Chapter 117, Sections 242, 247, Acts of 1891, '92, '93.) State of Kentucky, County of , 189... TO : | , Judge of the County Court: We, the undersigned, Trustees of Common School District No , hereby petition your court to appoint three com- missioners, in accordance with Section 835, Kentucky Statutes, to assess damages for lands herein described, which we require to be condemned for site of school-house for this district, being un- able to contract with the owner thereof for same. It is not used as *This is to be filed with County Clerk. LEGAL FOEMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 211 a residence, orchard, garden, or binding-ground, by the owner or other person. The land sought to be condemned lies in this county, in the district aforesaid, and is a part of the farm of (here state whether a resident or non-resident; if a woman, whether married or single; if a minor, who is legal guardian; and in any case whether of sound mind.) It is located on or near (here name stream or public highway, if any, or otherwise desig- nate locality with such definiteness as to prevent mistake), and is bounded as follows : Beginning at .... (here insert Surveyor's de- scription. It is best in these cases to have regular survey and plot) and contains (here insert one acre, or fract- tion thereof, as no more than one- acre can be condemned). , Chairman. Board of Trustees. (Form No. 66.) Form of Lease of School-House and Grounds. Know all men by these presents, that I, , of , agree to let and rent to District No. , in county, a house or building in said district, with about of ground, adjoining lands of , for the maintenance of common school in said district, according to law, for the term of , from the day of , at the annual rental of ,to be paid in payments; the directors of said district to have the right to remove all buildings erected and fixtures placed by said district on said lot during said term, at the end thereof; and the premises to be surrendered at the expiration of said term, in good order, casualties excepted. Witness our hand, this day of 189 . . . Leaser, , Chairman, , Trustee, Trustee, 212 LEGAL FOKMS FOE SCHOOL OFFICEKS, TEACHERS, ETC. (Form No. 67.) Proposals for the Erection or Repair of a School House. (Section 77.) School District No , County of , Ky. To Contractors and Builders: Notice is hereby given that proposals for the erection (or repair) of a school house in the aforesaid district will be received by the undersigned at his home (or office), (where plans and specifications may be seen) until 1 o'clock p. m., on the day of , 189. ., at which time the contract will be awarded to the lowest and best responsible bidder. A bond will be required for the performance of the contract, the Board reserving the right to reject any or all bids. This the day of ,189.... Signed, , Chairman. (Form No. 68.) Contract for Building a School House. (Section 77.) (Note. In building a school-house it is all important to secure a plan of the building, with full specifications as to its dimensions, style of architecture, number and size of the windows and doors, quality of the materials to be used; what kind of roof; number of coats of paint; of what material the foundation shall be constructed; its depth below, and its height above the surface of the ground; the number and style of chimneys and flues ; the provisions for ven- tilation; the number of coats of plastering and style of finish, and all other items in detail that may be deemed necessary. The plan and specifications should be attached to the contract). Contract made and entered into between , of the county of , State of Kentucky, and . . . , trustees of School District No , in the county of , State of Kentucky. In consideration of one dollar in hand paid, the receipt whereof is hereby acknowledged, and of the further sum of dol- LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 213 lars, to be paid as hereinafter specified, the said agrees to build a frame school-house and to furnish the materials therefor, according to the plans and specifications for the erection of said house hereto appended at such point in said district as the trustees may designate. The said house is to be built of the best material, in a substantial, workmanlike manner; and is to be completed and delivered to said trustees, or their successors in office, free from any lien for work done or materials furnished, by the . . . . day of , 189 . . . , and in case the said house is not finished in the time herein prescribed, the said shall forfeit and pay to the said trustees, or their successors in office, for the use of said district, the sum of dollars and shall also be liable for all damages that may result to said district in consequence of such failure, and said trustees may finish the building and charge the cost of the same to the said The said , trustees, or their successors in office, in be- half of said district, hereby agree to pay the said the sum of dollars when the foundation of said house is finished; and the further sum of dollars when the building is ready for the roof; and remaining sum of dol- lars when the said house is finished and delivered, as herein stipu- lated. It is further agreed that this contract shall not be sub-let, trans- ferred or assigned without the consent of both parties. Witness our hands this day of , 189 , Contractor. Trustee, , Trustee. . , Trustee. (Form No. 69.) Bond for Performance of Contract. (Section 78.) School District No , County of , Ky. Know all men by these presents: That we, as principal, and and as sureties, all 214 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. of the county and State aforesaid are held and firmly bound unto , and con- stituting the Board of Trustees of said District in the penal sum of dollars, ($ ) for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators and as- signs, jointly, severally, and firmly by these presents. The conditions of the above obligation is such that, whereas the said has this day entered into a written contract with the Board of Trustees of the District, above written and their successors in office, for the erection and completion of a school-house in and for said district by the . . day of , 189. ., according to plans and specifications for the construction of said house appended to said contract. Now, therefore, if the said contractor, shall faithfully and fully comply with all the stipulations of said con- tract, then this obligation shall be void, otherwise remain in full force and virtue in law. In testimony whereof we have hereunto subscribed our names, this day of , 189. .. , Principal. , Surety. , Surety. , Surety. (Form No. 70.) Appeal to County Superintendent from Action of Trustees in Locating School-House. (Section 77.) District No ....... , County of ............ Ky., ..... . ............. 189.... ............................ , County Superintendent of Common Schools: We, the undersigned, constituting a majority of the school elec- tors in District No ....... , respectfully appeal to you from the ac- tion of our Board of Trustees in the matter of choosing site for school-house to be erected. The location is undesirable because LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 215 (here set out all that can truthfully be alleged as to its unfitness, and indicate a more suitable position). We ask an immediate in- vestigation, and pray that the said action be set aside and the Board required to' choose another site. (Here must follow the signatures of at least a majority of all electors resident in the district at the time of making appeal.) (Form No. 71.) Notice to Trustees that an Appeal has been Taken. (Section 77.) State of Kentucky, | County of ................ f Office of the Superintendent of Common Schools, ................ '.. Ky., .................. 189... To A B, C D, and E F, Trustees of District No ........ : You are hereby notified that an appeal has been filed with me controverting the wisdom and propriety of your location of the site for the school-house of your district. The ...... day of .......... , 189 . . . , at 9 o'clock a. m., at* the proposed site of your school-house, has been fixed as the time and place for hearing all parties in interest concerning the matters in controversy. *Other place may be fixed for the hearing. (Form No. 72.) Oath of Office of Trustee. (Sections 72, 74, and others.) State of Kentucky, County of , to-wit : I do sol- emnly swear that I will support the Constitution of the United States, and the Constitution and laws of this State, and that I will honestly and faithfully discharge the duties of the office of trustee for School District No to the best of my knowledge and skill, so help me God. Signed Subscribed and sworn to before me, this the day of , 189.... Signed, Justice of the Peace For . County. 216 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. (Form No. 73.) Certificate of a Justice of the Peace or Other Officer that a Trustee- elect has Qualified Before Him (Sections 72, 73, and 74.) To Superintendent of Common Schools, Co. : This certifies that presented me this day a cer- tificate of his, election as trustee in District No , this county, signed by ., Judge of the election held June , 189. . ., and that thereupon I administered to him the oath of office in due form. Dated i ,189.... Justice of the Peace.* County, Ky. *Or other officer, as the case may be. (Form No. 74.) Charges Against Trustees by School Patron. (Sections 20, 55, 72 to 92, 135 and 136.) Ky., 189... To , Superintendent of Common Schools, County. We, the undersigned, being patrons of School District No , this county, do hereby charge , Trustee* in the afore- said district, with ........ (here insert misfeasance, malfeasance, neglect of duty or immoral conduct, all or singular, as the case may be) specifically in this : That (here set out such acts, omissions, &c., as constitute ground for these charges) , and we pray an investigation looking to relief for our district. Witness our signatures: *More than one can be included in the report if they have acted jointly, and are amenable to the same charge. LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 217 (Form No. 75.) Cliarge Against Teacher by a School Patron (or Patrons.) (Sections 51, 55, 61, 63, 64, 81, 83, 88, 133, 134, 135 and 136.) ,'Ky., ,189.... To , Supt. of Common Schools, County: The affiant, a resident and school patron in District No , County, states that was employed to teach the public school in this district for the year ending June 30th, 189 . . . ; that he began the school on the day of , 189 . . . f and has had continuous charge of it since that time; but the said school has not been kept in conformity to law and the interests of the pupil children, because of his (here insert incompetency, neglect of duty, immorality, or other disquali- fications, as the case may be, all or singular.) Specifications: (Here set out definitely acts and omissions, known to the affiant, which are held to disqualify.) The affiant says that the said should be removed from longer teaching the school in the district aforesaid. Subscribed and sworn to before me, this day of ,189.... , S. C. S. Names of witnesses : *Give post-office of affiant or affiants. (Form No. 76.) Attendance Notice. (Sections 158 to 163.) School District No , County of , Ky. To...., , You are hereby warned to appear before the Board of Trustees at the school house of our district, next Saturday at 9 a. m.; and show cause why you should not be prosecuted for violation of law 218 LEGAL FORMS FOK SCHOOL OFFICERS, TEACHERS, ETC. in having a child in your care, not attending school, as charged by , or failing to answer, the offense will be taken as confessed, and you will be proceeded against as the law directs. Dated, the day of ,189 Pres. or Chairman. Board of Education. NOTE. Trustees will please to note the law in sections above ; and may use the above form in warning offenders ; and following this, proceed as the law directs. (Form No. 77.) (Section 78.) Note Executed by Trustees. State of Kentucky, County of School District No. months after date the School Board of Trustees in and for the above named district, promise to pay Dollars (f ) with legal interest from date till paid. This note is executed for (. .money borrowed) by said Board for the purpose of (here state for building, furnishing or repairing, etc.) the school house of said district, as authorized by section 78,* School Laws, and is intended to bind the said District for said debt, and not the trustees personally. It has been authorized by the Board in its corporate capacity as indicated by the minutes of same, at a meet- ing of same, duly called, dated the day of , 189 .... Witness our signatures. Dated the day of ,189 , Chairman, /Trustee, , Trustee. * We have to advise that Trustees never write "or Order" after the name of the payee, as that makes the note negotiable and prevents fraud from being pleaded against the payment of the note. LEGAL FORMS FOB SCHOOL OFFICERS, TEACHERS, ETC. 219 (Form No. 80.) Notice to Trustees that a Pupil Has been Suspended. (Sections 5, 83 and 136.) School-House of District No , County of , Ky., , 189. . . To , Chairman Board of Trustees. Sir: I have to notify you, in accordance with Section 136, School Law, that I have this day suspended from the privileges of the school "because of (here insert willful disobe- dience, defiance of authority, habitual profanity, disorderly conduct, or whatever other gross violation of propriety or law, all or singular, as the case may be) pending the investigation of the matter by your Board. Respectfully, , Teacher. (Form No. 81.) Teachers' Inventory of Furniture and Apparatus. (Section 78.) District No County, Ky., , 189... To , Chairman Board of Trustees: Your public school being now closed for the current year, I submit to you, as the law requires, the following inventory of furniture and apparatus left in the school-house when I relin- quished charge of it:* 220 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC ARTICLE. KIND. CONDITION. 1 Teacher's desk 1 Teacher's chair . 40 Double writing desks and seats for pupils 10 Single writing desks and seats for pupils . 1 Blackboard, detached, thirty square feet 1 Blackboard, part of wall, twenty feet 1 Water stand 1 Call bell 1 Class bell 1 Terrestrial globe 1 Wall map of the world 1 Wall Map of the United States . . 1 Wall Map of Kentucky 1 Set of illustrated charts ( state whether on stand or in case). . Patent. Ordinary. Patent. Patent. Ordinary, Slated Surface. Ordinary. For hand use. Half meridian, 12-inch. Almost new. Good. Old and rickety. New and good. Good. Cracked. Good. Cracked. Good- New and Good. Old and worn. Good. Much worn. New and good. Given under my hand, date above written. Teacher. *This list is of course intended only as a suggestive form, to be varied by the Teacher to include what he had for use, its condition at close of term, etc. Though the law is silent on that point, other movables may judiciously be listed. (Form No. 82.) Petition to County Judge for a Graded Common School. (Sections 100-130, inclusive, of School Laws.) Ky., 189... To , Judge of the County Court of : Sir: We, the undersigned petitioners, being legal voters and tax payers in the bounds hereinafter set forth, respectively petition that you order an election, to take the sense of the legal white vot- ers as to whether a Graded Common School shall be established and maintained, by the levy and collection for that purpose, of a tax of cents on each One Hundred Dollars' worth of prop- erty in said district, owned by white persons and by corporations and a poll tax of $ on each white inhabitant therein over twenty-one years old, under sections 100 and following of the Com- mon School Laws; the said district to be bounded as follows: viz., Beginning at to the beginning. We further represent, that the following boundary embraces LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 221 Common School District No and parts of Nos and this petition has the approval of a majority of the trustees of each of said districts and also of the County Superintendent of schools. We designate * as the site of the building for the proposed Graded Common School, and certify that said site is not more than two and one-half miles from any portion of the bound- ary of the proposed district. We respectfully subscribe ourselves your petitioners as set out above, this day of , 189 NAMES OF PETITIONERS. - NAMES OF PETITIONERS. 1 11 2 12 3 13 4 14 5. 15. 6. 16 7 17 8 18 9 19 10 20 , APPROVAL BY THE COUNTY SUPERINTENDENT AND TRUSTEES. The foregoing proposition, as contained in the above petition to establish a Graded Common School District, is hereby approved. , S. C. S. For County. We, the undersigned, being legal trustees of Common School Districts are indicated below, which or parts of which, are included within the proposed Graded Common School District, do hereby prove the foregoing petition and the proposition therein set forth. , Trustee District No , Trustee District No , Trustee District No , Trustee District No , Trustee District No , Trustee District No NOTE. This must be filed with the County Judge, after it has been perfected,, on a regular County Court day, and an order made by the Judge in open court noting that it was filed. It then lies over till the next following court, before the Judge can make an order for an election. Appellate Court Decision. 222 LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. (Form No. 83.) Order of County Judge Filing a Petition for Graded School. (Section 100 Common School Law and Court Decisions.) State of Kentucky, \ (. ss. County of ) At a regular term of the County Court of this county, held on the Monday of , 189 . . , the petition of ten citizens, tax payers, and legal voters of this county and of mag- isterial district therein, was filed in open court, asking that an elec- tion be held for the purpose of taking the sense of the voters within certain boundaries set out therein, as to whether a Graded Com- mon School District shall be established. The same will lie over one month for exceptions. This day of 189 ... ..P. J. C. C. (Form No. 84.) (Section 100.) The County Judge's Order for the Election After the Filing of the Petition for a Graded Common School District. At a regular Term of this Court, held on the day of 189 . . , it appearing that a petition signed by (1) ...,(2) ,(3) , W ,(5) , (6) , (?) ,(8) , (9) , (10) ,and others, was filed with the County Judge, at the last regular Term of this Court, asking that a Graded Common School District be organized, with its boundary as follows, viz: Beginning at and that the site for the school-house of said proposed District be , which site is certified to be not exceeding two and one-half miles from any part of the boundary of the said proposed district; and it appearing also that said petitioners are tax payers, legal voters and residents LEGAL FOKMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 223 of the proposed Graded Common School District and of Justice's District of this county; and it further appearing that the County Superintendent has endorsed on said petition, his approval of same; and that a majority of the Trustees of each Common School District that will be embraced within said proposed Graded Common School District in whole or in part, have endorsed their approval on said petition, as provided by law; and the Court being sufficiently advised, orders that , the Sheriff of this county be, and is hereby, directed to cause a poll to be opened and an election to be held at , on the day of , 189 . . . , the same being 40 days or more after the entry of this order, for the purpose of taking the sense of the legal white voters residing within the boundary of the said proposed Graded Common School District, whether there shall be levied and collected an annual tax of cents on each one hundred dollars of property value therein, subject to State or county taxation, owned by white persons, and f of poll-tax on each white male inhabitant of said proposed Graded Common School District over twenty-one years of age, for the purpose of establishing and maintaining a Graded Common School therein as provided in sections 100 to 130 of the Common School Law. The officers of said election will also cause the legal voters of said proposed Graded Common School District to vote for six per- sons to be Trustees of same, in case said tax shall be approved. The officers of said election will make return, in due form, of the result of same, at the earliest day practicable. Judge County Court. NOTE 1. The County Clerk must give a copy of the order for an election to the sheriff of the county within ten days after the same was entered by the Judge. (Form No. 85.) (Section 102.) The Sheriff, within ten days after receiving said order, and at least twenty days before the election shall have said order published in some daily or weekly paper of the county for twenty days; and also notices of the election must be advertised in written or printed 224 LEGAL FOKMS FOB SCHOOL OFFICERS, TEACHEKS, ETC. hand-bills posted at five conspicuous places in the proposed district. If no paper is published in the county, the hand-bills will be suffic- ient. To avoid all questions of controversy, it will be expedient to print on the hand-bills the entire order of the county judge di- recting the Sheriff to hold the election. Then under said order and on the same paper the following no- tice should be printed and signed: Notice is hereby given that in obedience to the above order of the County Court of county, I will hold an election at the time and place indicated, from 7 o'clock, a. m. till .4, p. m.., for the purposes set out in said order. Those who may vote, are all white males over twenty-one years old, who have been residents of the proposed Graded Common School District for sixty days, and in the county for six months, and in the State one year, preceding the day of said election. (See section, page 107, Acts 1891-2-3.) Dated, the day of , 189. .. Signed , Sheriff of County. NOTE. On the day of election or before, the sheriff will appoint a judge and a clerk of election, who must be sworn by some one authorized -to administer oaths, faithfully to perform the duties of their office in holding said election. (Form No. 87.) Order of County Judge Declaring a Graded Common School District Established. (Section 104.) State of Kentucky, (. set. County of I At a called term of this court, this day held, it was entered of record, in the matter of the election for a Graded Common School District, ordered by this court on the .... day of . . , 189. ., that same was duly held at the time and place set out in said order, by Judge, and , Clerk, who were duly appointed and qualified by the sheriff for the purpose. It is shown by the duly certified returns of said election officers, who constituted the examining board to ascertain and make report LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 225 of the result of said election, to this court, that votes were cast at said election for the tax, and votes were cast against the same. Now in consideration of the premises, it is adjudged by this court to be lawful for the trustees of said Graded Common School District No , of this county, to levy and have collected an annual tax of not exceeding fifty cents on each one hundred dollars of the property of white persons and of corporations resi- dent of said Graded School District which is subject to State or county taxation, and also a poll tax of $. . . . on each white male inhabitant of said district over twenty-one years of age, all for the purpose of establishing and maintaining a Graded Common School therein, as provided in sections 100 to 130 inclusive of School Law. It was further certified to this court by said election officers and same is now entered of record^that (1) (2) (3) (4) (5) an,d (6), received the highest number of votes for Trustees, and are hereby declared elected Trustees of said Graded Common School District, and they, with the County Superintendent, are directed to organize a School Board for the control and management of said District in ac- cordance with section 104 of the Common School Law. All of which is certified by this court, this .... day of ,189... Signed , Judge County Court. NOTE At as early a day as practicable, alter the foregoing order of the County Judge has been made, the County Superintendent should call a meeting of the trustees elected and preside at the meeting till a President of the Board has been chosen by the members thereof, giving a deciding vote in case of a tie. (Form No. 88.) Notice to Trustee-elect of Graded School to Organize (Section 104.) Office of Superintendent of Common Schools, Ky 180... To t. :. v. , You will take notice that in the matter of the Graded Common School District No , the County Judge of County has adjudged the said 15 226 LEGAL FORMS FOK SCHOOL OFFICERS, TEACHERS, ETC. Graded Common School District to have been established by the re- cent election, and that the tax of on each $100 of property therein may be levied and collected for school purposes, and that you were duly elected a trustee thereof. Please to meet me and the other trustees-elect at on the day of , 189. ., at 1 p. m., to organize the Board of Trus- tees of said district and take such other action as may be lawful and expedient. , S. 0. S. (Form No. 90.) Certificate of Election of County Superintendent- (Section 39.) To the Superintendent of Public Instruction, Sir: We, , Presiding Judge, , Clerk of the County Court, and , Sheriff, duly authorized to compare the poll-books for the county of , do certify that at an election held in said county, on the day of , 189 . . , was duly elected to fill the office of Common School Superintendent in and for this county for the term beginning January 1, 189 . . . ...P. J C. C. , C., C. C. .,S., ..C. (Form No. 91.) Certificate to Superintendent of Public Instruction that a Person has been Appointed to Vacancy in the Office of County Superintendent. (Section 58.) Commonwealth of Kentucky, County. To , Superintendent of Public Instruction: This certifies that was appointed Superin- LEGAL FORMS FOR SCHOOL OFFICERS, TEACHERS, ETC. 227 tendent of Common Schools for county, by the County Judge of said county, on the day of , 189 . . . , to fill the vacancy caused by (here insert the death, resignation or removal, as the case may be), of until the regular election of 189 . . . , and till his successor is duly elected and quali- fied in pursuance of law. The said holds a certifi- cate of eligibility of date , 189 . . . , in accordance with section 37, School Law. Given under my hand this day of , 189. . Clerk of the County Court. (Form No. 93.) Statement of Examiners of Applicants for Certificate of Eligibility to be County Superintendent. (Section 37, School Law.) State of Kentucky, \ I set. County of ) To the State Board of Examiners : The undersigned, being duly sworn, state that the examination of , whose papers and fee accompany this, was conducted by us in strict accordance with the provisions of section 37, School Law of Kentucky, as laid down for both Ex- amining Board and applicants, and that he* received no assistance either directly or indirectly. He* does not reside within a city of the First Class; he* will- be twenty-four years of age before the first of next January; he* will have resided in this State two years next preceding the next November election, and one year in this county; and he* is possessed of good moral character and of abil- ity to manage the Common School interests of the county effici- ently. , Judge of the County Court. Clerk of the County Court Examiner selected by them. ;* Or she as the case may be. 228 LEGAL FOKMS FOK SCHOOL OFFICERS, TEACHERS, ETC. (Form No. 95.) Order of County Judge Appointing Commission to Condemn Land for School Site. (Section 835 Kentucky Statutes.) State of Kentucky, \ set. County of ) At a term of this court , 189. ., it appearing that , and , Trustees of Com- mon School District No , of this county, have filed in proper form a petition asking that the land therein described shall be condemned for site for a school house for said district, and it further appearing that said land may properly be condemned for said purpose : Now, therefore, , , and , each of whom is an impartial housekeeper and land-owner in this county, are hereby appointed commissioners of this court, who be- ing duly sworn, will proceed to assess damages to the owner of said land in consequence of taking same for school site, as provided in section 77, School Law, and Chapter 171, Section 243, Acts of 1891- '92->93. The land for which damages are to be assessed lies in this county, and is part of the farm of , (here state whether resident or non-resident, and give legal status of owner); is situated on or near ; and is bounded as follows : (here insert description as contained in petition) and contains acres. Said commissioners will file in writing with the Clerk of this Court due report of their findings. Judge County Court. LEGAL FORMS FOK SCHOOL OFFICERS, TEACHERS, ETa 229 (Form No. 96.) Report of Commissioners to Assess Damages to Land to be Condemned for School Site. State of Kentucky, \ ; v set. County of ' To , Judge of the County Court: The undersigned commissioners, , and , being duly appointed by the , County Court to assess damages in favor of , for about one acre of land that is sought to be taken for the site of a school-house for District No , and being duly sworn, have viewed the land in question and considered all matters as required in Chap. 171, Sec. 243, Acts of 1891-'92-'93, and we find damages in favor of the owner, , for the taking of said land as set out in the order of our appointment, in the sum of (| ) dollars. Kespectfully submitted, Commissioners. * When this is filed with the County Clerk he will issue summons to the. owner of the land to show cause why the report should not be confirmed, or warning order, as the case may be. INDEX TO GENERAL SCHOOL LAW. (Note. Reference is made to sections, not to pages.) Sections. ADVERTISEMENT of election for Trustees and Tax 72 Of Taxes assessed and when to pay 79, 80 APPEALS When allowed, may be by interested persons 56 To State Board from Superintendent of Public Instruction 34 To Superintendent of Public Instruction from Gouty Superintendent . . 56 To County Superintendent from location of school-house is final 77 To County Superintendent on suspension of pupil is final 136 To Circuit Court when County Superintendent is removed. 58 Prom decision of Circuit to Appellate Court 58 APPOINTMENT Of County Examiners 60 Of Trustees 74 Of County Superintendent 58 Of State Board of Examiners 24 APPRAISERS To condemn site for school-house 77 ATTORNEY GENERAL Opinion of may be asked 34 Decisions of, to be published 33 Is part of State Board 15 AUDITOR Must allow no more expended by, etc 11 Distributes fund on warrant of Superintendent of Public Instruction ... 14 Furnishes data for pro rata 13 Keeps account of School Fund 11 Makes transfers monthly 11 BEQUESTS To State Fund, who cares for 152, 35 To County School Fund, who cares for 50, 152 BOARD OF EXAMINERS (See State Board of Examiners.) BOARD OF TRUSTEES (See Trustees.) BONDS May be issued by Graded School Districts when 117 May be issued by Common School when 78 Interest on, limited to 6 per cent, or less 127 Executed by book-publishers 62 Copy of, to be kept by County Superintendents 62 To be filed in office of Superintendent of Public Instruction . . 62 INDEX TO GENERAL SCHOOL LA AN . 2?1 Sections. BOOKS For County Library controlled by Trustees 149 Adoption of by County Board 61 For District Library, how procured, etc 150, 151 For indigent pupils 43 No change for five years after adoption 61 Publishers of, execute bond 61 To be sold at stated price 62 When adopted for county to be used 61 BLANK FORMS Furnished by Superintendent of Public Instruction 30 BIENNIAL REPORT- TO each Legislature 27 Edition of Laws to be edited 31 BRIBERY Who deemed guilty . 88 BUILDING (See School-house.) BOUNDARIES OF DISTRICTS To be kept by County Superintendent 67 Furnished to Trustees 67 May be changed by County Superintendent 66 Only before April 1st 41 Only on notices given 65 CERTIFICATES TO TEACH Granted by County Board 63 Granted only to moral persons 64 Not issued on day of examination 63 Granted by State Board of Examination 133 CHARITABLE INSTITUTIONS Superintendent of Public Instruction shall set out object of, etc 28 Their Superintendent shall furnish to Superintendent of Public In- struction, etc 28 CHILDREN Trustees to report those at school 86 Trustees to report census of in April 42, 85, 153 Trustees to suspend Teacher when less than 25 per cent 83 Trustees to look after non-attendance 82 Trustees to supply books to the poor 43, 82 Adequate schools for teaching, may make the city, etc 70 Attendance of to be kept by Teacher 134 May be suspended from School by Teacher 136 Not less than 45 to be in a district 66 Of adjoining Districts may be taught in either 69 Of fraudulently reported, etc 46 Number of, and per capita 13 Must comply with regulations at school 5 CLAIMS For State funds due in Oct., Nov., Dec. and Jan 14 For Teachers to be paid on second Saturday of month 45 Of any Teacher may not be bought by County Superintendent 54 Of any Teacher, may not be bought by a Trustee 88 CLERK (See County Clerk.) 232 INDEX TO GENERAL SCHOOL LAW. Sections. COLORED SCHOOLS Annual Census reported 153, 85, 42 Districts numbered with letters 153. Donations for, must be used for, as donor directs 152 Institute to be organized for Teachers, in 155, 137 Kept separate from white schools 154 Trustees for, elected as white 154, 72 Taxes, for, levied on property of colored people 154 COMMON SCHOOLS Defined 2 COMPULSORY ATTENDANCE Ages embraced from 7 to 14 158 Consecutive attendance 8 weeks 158 Inoperative when child has finished studies, etc 158 Kind of school to be attended, public or private, etc 158 Penalty, how recovered, inures to whom, etc 162 For false statements, to avoid 161 Prosecution for non-attendance, by whom 160 Prosecution, when malicious, etc 163 Tax-payers' part in enforcing the law 160 Time of attendance annually 158 White children not to attend Colored School and vice versa 164 CONSTITUTION Requires a uniform system of 1 CONTRACTS With Teachers must be written, etc 81 For school-house, etc 77, 78 CORPORATIONS Districts are 75 State Board of Education is 15 COUNTY ATTORNEY Duty to prosecute for, etc 32 Shall act for Trustees, when 78 COUNTY CLERK Incompatible with County Superintendent 38 Shall certify annual settlement, etc 47 Shall file census report of Trustees 85 Shall file affidavits of examiners 60 Shall file census and reports of cities, etc 70 Must give Sheriff copy of order for Graded School 101 Must give County Superintendent copy of order for Graded School 104 Must give sworn statement of examination, etc 37 Must notify Superintendent of Public Instruction of election of County Superintendent 39 Certify to the correctness of the census of County Superintendent 42 Fees of to be paid out of County Levy 12 Receives office record of County Superintendent in certain cases 59 COUNTY JUDGE Must purchase books for poor children 43 Must make annual settlement with County Superintendent 47 May remove County Superintendent, when 58 Must give sworn statement as to examination, etc 37 INDEX TO GENERAL SCHOOL LAW. 233 COUNTY JUDGE Continued. Must make orders for Graded Schools 101 , 104 Must notify Superintendent Public Instruction of vacancy, etc 58 Fees of, to be paid by Fiscal Court 12 COUNTY SUPERINTENDENT Age of : 37 Annual report penalty for failing to make / 48 Appeals from decisions of taken to Superintendent of Public Instruc- tion 34, 56 Attendance at office 53 Blanks for Trustees, shall deliver 52 Bond, official, must give 40 Book Publishers' Bond, copy must be kept on file by 61 Census report of, when made 42 Certificates, county, shall be issued by 63 Certificates, State, he shall notify Superintendent of Public Instruction of revocation of v 133 County officers not eligible to office 38 Decisions, official 56 Devise, gift or donation, held in trust by 50 Districts, power over; new; abolishing, etc 41 Districts, may change the boundary of 42, 65 District Taxation, must report to Superintendent of Public Instruction amount of money raised by 116 Diploma, State; he shall notify Superintendent of Public Instruction of revocation of 132 Election of 39 Eligibility to office of 38, 132 Examination of Teachers shall be conducted by 61 Examination of applicants for office of 37 Error in census, must be responsible for 42 Fence, may condemn 41 Furniture and apparatus, may condemn 41 Grade Book, must supply teacher with 41 Graded Common School; shall pay per capita of, to Treasurer thereof. 116 Institutes, must organize 137 shall select place for holding; conduct; publish minutes 142 Library Committee, shall be chairman of 149 Malfeasance in office, may be removed by County Court for 58 Misdemeanor, is guilty of in case of failure to make proper payment of and settlement for moneys 47 Notice of election to vote tax for district purposes must be signed by . . 94 Oath of Trustees and Teachers may be administered by 51, 52, 63 Official record of 49 Penalty for buying Teacher's claim or acting as text-book agent 34 Penalty for fraudulent report 46 Penalty for paying Teacher's salary except on Chairman's certificate. . .135 Qualification of 37 Record of each District must be kept by 67 Record of adoption of text-books must be kept by 61 Record book for Trustee, must furnish each District with 76 Salary of 57 School-houses may be condemned by 41 234 INDEX TO GENERAL SCHOOL LAW. Sections. COUNTY SUPERINTENDENT Continued. School-houses may be located by, in case of appeal 77 Settlement, annual; when made 47 Successor, duty to 59 Teachers, payment of; how and when 45 Teachers' Register and Grade Book must be examined by 41 Terms of office 39 Text-books for indigent children, shall be furnished by County Judge 43, 82 Must keep record of 61 Tie, in case of, Trustees shall be appointed by 72 Trustee, suspension of or removal of by 55 Vacancy in office of Trustee, to be filled by 24 Vacancy in office of Trustee, how supplied 58 Visits to schools and records of, to be made by 41 Vacancy in office of, how filled 58 COUNTY BOARD OP EXAMINERS (See Examiners.) COURTS The County Fiscal allows salary to County Superintendent 57 Pays fees for services of officials 12 The Circuit has jurisdiction in removal, etc 58 The Appellate has jurisdiction from the Circuit 58 The Circuit must charge the grand jury, etc 156 DISTRIBUTION Annually of School Laws 33 DISTRICTS Adjoining districts, privileges of 69 Area of 66 Boundary, change of; on what conditions changes may be made 42, 65 City, town or village; privileges of, and provisions concerning 70 Fractional districts, reclaiming of, etc 68 Graded Common School Districts 100 Libraries, organization and management of 150, 151 Name and number of 65 Record of 66 School-house, location of 67 School, population of 66 DISTRICT TRUSTEES (See Trustees.) DISTICT TAXATION (See Taxation.) DOCTRINES (See Sectarian.) EDUCATION State Board of, how organized 15 State Department of 9 State Board of, to prepare and publish, etc. 20 EXAMINERS Fee for examining applicants 64 For State, appointed by Superintendent of Public Instruction 24 For County, appointed by County Superintendent ; 60 For State, may grant State Certificates and Diplomas 133, 132 For County, may grant County Certificates, 1st, 2d and 3d class. . . .133 INDEX TO GENEKAL SCHOOL LAW. 235 EXAMINERS Continued. For County must sign and file oath 60 may not accept gifts, etc 61 may examine in May, June, July and August only 63 must report on condition of question package 63 penalties for non-adoption of Books 61 qualifications of State 24 qualifications of County 60 EVIDENCE Any official before removal shall have opportunity to get 56 County Superintendent may issue subpoena for, etc 89 EXPENSES Of State Department of Education paid, etc 9 Of County Superintendent paid by Fiscal Court 57 Of Institute to be paid out of funds of 142 FISCAL COURT (See Court.) FUNDS- NO part of Common School, to be used for, etc 10 School, consists of interest on bonds, etc 8 consists of 22 cents tax on each $100, etc 8 consists of fines, forfeitures, etc 8 Auditor keeps account of school 11 The net, is for distribution annually 12 The Superintendent of Public Instruction shall apportion, by per capita 13 Due shall be paid, two-fifths in October, etc 14 Of District, controlled by Trustees 81 For Graded School to be provided by Board of Trustees 13 Of Counties, to be apportioned by Superintendent of Public Instruction 13 Of the schools, not used^ to pay fees, discounts, etc 12 GRADED COMMON SCHOOLS Accounts of collecting officers, how settled 130 Attendance, conditions of, to pupils 113, 114 Assessment of property for taxation, how 119, 128 Board of Trustees divided into three classes 107 Bonds may be issued when two-thirds vote for IK must be signed by President and Secretary .' 117 Buildings to be provided by the Board of Trustees 117 By-Laws and Rules to be made by Board 109 Cities of 5th and 6th classes may adopt 124, 125 Common School property vests in Board 120 Colored people may also organize Graded Schools 123 County Clerk must give order to Sheriff in 10 days 101 must give County Superintendent copy of final order 104 County Judge must ~ecei ve petition 100 enter an order for election 100 enter order declaring the result of election 104 Pupils may go at reduced tuition, when 120 Seminary property will go to Board, when 120 Course of study fixed by Board of Trustees but must embrace Common School Studies 110 Election, first, ordered by County Judge 100 held by appointees of Sheriff 102 236 INDEX TO GENERAL SCHOOL LAW. Sections. GRADED COMMON SCHOOLS Continued. held after advertisement 107 manner of holding 103 officers report to County Judge 104 Elections held after first, by appointees of Board 121 report to the Board 121 may be held biennially till carried 122 Interest on Bonds limited not to exceed 6 per cent 127 Old debts may be paid with extra taxation 126 President of Board shall be appointed 112 Reports made by President and Secretary 112 School House must be provided by Board 117 Secretary of Board may be appointed 112 Settlements must be made on or before 1st Monday in January 130 may be required quarterly 130 Sheriff must advertise within 10 days, where and how 102 advertise 20 days before the election 102 swear in Judge and Clerk of election 103 Taxes, when 50 cents may be collected 100 when 75 cents may be collected 117 how much goes to each fund 118 collection of, how governed 119 Teachers appointed by Board of Trustees. 110 must hold County Certificates 110 Trustees, six to be voted for, when tax voted on 105 County Judge declares who is elected 105 style of the Board as a corporation 106 power to make rules for all 106 divided into classes and hold three years 107 must keep a Journal open to all 107 take oath of office 108 vacancy filled till next election 107 Treasurer shall be appointed by Board. 115 give bond and pay out money, when 115 shall have a reasonable salary 115 Tuition fee, who must pay and who goes free 114 HEALTH Of school to be looked after by Trustees 84 HOLIDAYS Teachers have benefit of such when observed 4 INDEXING Of School Laws to be done biennially 31 INFIDELS Doctrines not to be taught in school 6 Not to be in school books . 6 Not to be in library books 151 LAND For site of school-house, may be condemned 77 LIBRARIES County Library, provisions concerning 148, 149 District Library, provisions concerning 150, 151 Rules for, formulated by State Board.. 149 INDEX TO GENEKAL SCHOOL LAW. 237 LIBRARIES Continued. Copy of all official publications to be sent 149 County Board to make rules for District Library 150 MISDEMEANOR To accept office and then fail to perform, etc 91 To fail to deliver records to successor 59, 92 For Trustee to buy claim of Teacher 88 For Trustee to receive any thing for employing, etc 88 For Examiner to receive any thing for adopting books 61 For a County Superintendent to pay a Teacher's claim not certified 135 For County Superintendent to act as agent of text-books 54 For a Teacher to use State Board questions unlawfully 63 For a Teacher to make a false statement in a report 135 For a County Superintendent to fail and refuse to pay Teachers their wages 47 For a County Superintendent to fail to be at his office, etc 48 For a County Superintendent to make false returns 46 For a Trustee to fail to make census report of his District 85 For a Trustee to make a false census report 85 For an officer of election to count illegal votes, etc 73 ORGANIZATION Of State Board of Education 15 Of State Board of Examiners 24 Of County Examining Board 60 Of District Board of Trustees 72 Of Institute for Teachers 137 Of County Teachers' Association 146 Of County Library 149 Of District Library 150 Of Colored Schools, etc '. 154 PASS-WAY Opened to school-house by Trustees 77 To school-house over land of others 77 PAY Of Teacher only on certificate of Trustee 45 Of Teacher only on filing monthly report 135 PUPILS Are those children from 6 to 20 years 2 All must comply with school regulations 5 Census of shall be taken in April 85, 42 Completing the course of study, etc., shall receive 7 May be suspended or expelled for disobedience 136, 5 Should attend regularly and promptly 82 Have the privilege of attending school free 2 In districts not to be less than 45, etc 66 PERJURY To make a false census list 85 Wilfully to misstate facts to Superintendent of Public Instruction 46 PROSECUTIONS For misappropriations of school funds are, by County Attorney 32 For neglect of duty, are by Commonwealth's Attorney, when 156 For official misconduct by the grand jury when 156 For failure to provide school-house, by, etc 78 238 INDEX TO GENERAL SCHOOL LAW. Sections. RAILROADS May be taxed in districts where found 79 Officials must be furnished district boundaries, Sec. 4, XIII RECORDS Shall be kept of orders drawn on Auditor 26 Shall be kept of official decisions of Superintendent of Public Instruc- tion 34 Shall be kept by each County Superintendent, of money, etc 49 Shall be kept by Trustees of their doings 76 Shall be kept by Trustees and Secretary of Graded Common Schools. . .109 Shall be kept by Teacher of his school 134 RECORD BOOKS For showing condition of school, etc 134 (See Records.) ROADS To school-house, to be provided, etc 77 To school, not to charge pupils toll 77 SATURDAY May not be used for school day 4 SCHOOL DAT- Consists of 6 to 9 hours work in, etc 4 SCHOOL FUND (See Funds.) SCHOOL-HOUSES Condemnation of for repairs, furnishing, etc 41, 78 Insurance of 78 Reversionary interest in 75 Site of . . . . . 77 Size of 78' Title to 75 To be provided by trustees 78, 117 May be condemned by County Superintendent 41 SCHOOL LAWS Must be edited biennially 31 Published and circulated annually 33 Indexed by Superintendent of Public Instruction 31 SCHOOL YEAR Begins July 1, and ends June 30 3 SCHOOL MONTH Consists of 20 days of school work 4 SECTARIAN DOCTRINES Not permitted in school teaching 6 Not to be in school books 6 Not to be in library books 151 SETTLEMENTS Annual to be made by County Superintendent 47 Superintendent of Public Instruction shall notify County Judge, etc 47 STATE BOARD OF EDUCATION Attorney-General member of 15 By-laws, etc., for government of schools shall be prepared by 20 Chairman Superintendent of Public Instruction shall attest corpor- ate acts .19 INDEX TO GENEKAL SCHOOL LAW, 239 STATE BOARD OF EDUCATION Continued. Course of study prescribed and published by 20, 21 Custodian of evidences 16 Libraries, duties of board concerning 20 Meetings, how called 18 Powers as to real or personal estate 16 Secretary of State, member of 15 STATE BOARD OP EXAMINERS Appointed by Superintendent of Public Instruction 24 Certificates to teach may be issued by 133 Diplomas to teach may be issued by 132 Pees for examinations 132, 133 Questions, shall prepare four series for Teachers 63 for examination of County Superintendent 24, 37 SUPERINTENDENTS OP CHARITABLE INSTITUTIONS Shall report to Superintendent of Public Instruction 28 SUPERINTENDENT OP PUBLIC INSTRUCTION Accounts of : 26 Attorney-General shall render opinions for, on request 34 Appeals, shall decide questions of 34 Appoint day and furnish questions for examination of applicants to fill vacancies in office of County Superintendent 58 Biennial report 27 Blanks, he shall prepare, etc 30 Blanks shall be supplied to Secretary of City School Board for annual report Ill Board of Education, he shall be Chairman of 17 Bond of 22 Contested election for County Superintendent, duty of regarding 39 Certificates, blanks, shall prepare, etc 30 Certificates of Common School graduates, he shall sign 7 Certificates, State, duty of in regard to 133 Charitable institutions, shall make report of in biennial report 28 Clerks, number, salary, etc 23 Corporate acts of State Board of Education, he shall attest 19 Decisions of the Court of Appeals and of the Attorney-General touch- ing school matters, he shall publish biennially 33 Decisions, official 34 Donations, gift or devise, duties of, relating to 35, 152 Institute Conductors, convention may be called by 139 Institute Instructor may be appointed by 144 Laws shall be edited biennially by 31 Meetings of Board of Education, how called 18 Meeting of Board of Examiners 18 Neglect of duty on part of school officers, shall report 32, 156 Notices, shall prepare 30 Oath of office 22 Office supplies 23 Official decisions 34 Publications for annual distribution ,. 33 Pro rata share of school fund, shall be determined by 13 Publisher's bond, must file, etc 62 Records, certified copies of to the evidence equal with originals 29 240 INDEX TO GENERAL SCHOOL LAW. Sections. SUPERINTENDENT OF PUBLIC INSTRUCTION Continued. Records, official 34 Record book for Trustees, shall furnish 76 Salary of 23 State Board of Education, shall publish rules and regulations of 33 State Board of Examiners, shall publish rules and regulations of 33 Settlements of 26 Shall furnish information to circuit judges, etc 156 Shall furnish Teacher's register, etc 134 Term, when begins, etc 22 Warrants on Auditor for school fund drawn by 14, 45 TAXATION For building and furnishing, by Trustees 78 For Teacher's salary, voted by the district . .' 95 For Graded School. (See Graded School.) For incidentals levied by Trustees 80 How collected 79 TEACHERS Assistant Teachers 4 Course of study, must enforce 136 Certificate of qualification 131 Diploma, State, provisions concerning, force of 132 Grade book and register, must keep 134 Institute, must attend 140 Penalty for false report 135 State certificate, provision concerning 133 Suspension of pupil 136 Term report, must make 135 TEACHERS' INSTITUTE Attendance on; penalty for non-attendance, etc 140 Conductor of 138 Convention of Institute Conductors may be called by Superintendent of Public Instruction 139 County library fund, relation to 142 County Teachers' Association, meeting shall be held during session of. .146 Colored institute 156 Instruction, subject of 145 Joint Institutes 141 Normal Instructor may be recommended for 144 Notice of must be posted 143 Organization, object, etc 137 Place of holding Institute 143 Proceedings, how published 142 Report of County Superintendent, concerning 146 TOWNS- HOW to organize schools in fifth and sixth classes 124 How schools may be organized in third and fourth classes 125 TRANSFER OF PUPILS Condition of, from one district to another 69 TREASURER OF STATE Funds unexpended at close of year, to be returned to. . .47 INDEX TO GENERAL SCHOOL LAW. 241 TREASURER OF DISTRICT To have warrant paid him for independent 14 To collect taxes for building and incidentals 79 To be appointed for Graded School 115 TRUSTEES Annual report of 86 Attendance at school, duties of trustees in relation to 83 Census, duties in relation to 85 Chairman shall sign reports 87 Contested election, duty of in case of 74 Damages, power to recover for 77 Disease, infectious and contagious, duty of in case of 84 Eligibility to office of, who eligible, number, term, etc 72 Election, when and where held 72 Fraudulent election, penalty for 73 Furniture and apparatus 77 Graded course of study shall be enforced by 20 Insurance of school-house and 6ontents 78 Institutes, must post notices of time to be held 143 Incidental expenses, how provided for 80 Malfeasance in office, penalty for 89 Meetings at school-house, when held, etc 83 Maps, globes, charts, etc 78 Neglect of duty, penalty for . . .32, 91 Penalty for failure to furnish school-house after order from County Superintendent 78 Penalty for making false census 85 for buying Teachers' claims, and for fraud in employing Teacher 88 Private school in district school-house, must give consent to 81 Powers of 75 Qualifications of 74 Record book, how kept, etc 76 Railroad tax 79 Repairs to school property shall be made under direction of 77 Report to County Superintendent names of children who are unable to purchase books 82 Road to school 77 School-house, shall secure site for 77 School-house and lot, title to, vested in trustees 75,77 School-house and lot, size of, value of, condemning, furnishing, etc 78 Successor, duty to 92 Suspension of pupils 83 Tax for building, repairing, etc 78 Taxes, levying and collecting, duties of concerning 79 Treasurer of Board of Trustees, duty of 79 Teacher, employment and removal of : 81 Vacancy in office of, how supplied 74 Visit to parents 82 WITNESSES- HOW to secure attendance . 89 242 INDEX TO GENEKAL SCHOOL LAW. SCHOOL LAWS OTHER THAN THOSE POUND IN CHAPTER 260, ACTS OP ASSEMBLY, 1892-'93, WITH ABSTRACTS OP DECISIONS. I. A tax to reimburse Trustees. II. Provisions for paying old debt of Graded Common School District. Amended act. III. Adjunct schools and colleges. IV. Agricultural and Mechanical College. V. State Normal School for Colored persons. VI. Public Schools in cities of the first class. VII. Public schools in cities of the second class. VIII. Public schools in cities of the third class. IX. Public schools in cities of the fourth class. X. Kentucky Institution for the Education of the Blind. XI. The Kentucky Institutes for Deaf Mutes. XII. The Institution for the Education and Training of Feeble-Minded Children. XIII. Assessment of and payment of railroad taxes. XIV. Disposition of the direct tax returned to Kentucky in 1892. XV. County Seminary property. Act amendatory of section 120. XVI. Reform School for Boys and Girls. XVII. How to incorporate schools and colleges. Abstracts of court decisions and opinions of the Attorney-General. 156 to 174. Legal forms for School Officers, Teachers and others, .... . 175 to 229. YC 53873 VH '. M-' , ^> i T*% ^ v fC&a^- 1 m mmm m - / ' ml