Pennsylvania, Laws, statutes, 
 
 An act to establish a general 
 system of education by common 
 schools a 
 
 r y- 
 
 -- •■.■/■- .' :-.•'••■ '-.• 
 
 3 ■;
 
 B 
 
 
 UNIVERSITY OF CALIFORNIA 
 AT LOS ANGELES
 
 AN ACT 
 
 TO ESTABLISH A 
 
 eneral System ofJSducaiion 
 
 BY 
 
 COMMON SCHOOLS. 
 
 HARRISBURG; 
 
 fKISTED BY HXrfRY WE13H- 
 
 1S3J.
 
 IN THE SEN \Ti:, March 22, 1834. 
 
 On motion of Mr. Brock and Mr. Math 
 
 Ordered, That fifteen hundred copies in the Edj : mge, and 
 
 five hundred copies in the German language, of ?r .titled 
 
 "An act to establish a general system of education by common sch 
 be printed in pamphlet form for the use of the Senate. 
 
 Extract from the Journal. 
 
 HENRY BUEHLER, Clerk.
 
 L 
 \Q2 
 
 AN ACT 
 
 TO ESTABLISH A 
 
 General System of Education, 
 
 <s©3m<Dsr ®sm®®&3* 
 
 Whereas, it is enjoined by the constitution, as a solemn duty, 
 which cannot be neglected without a disregard of the moral and po- 
 litical safety of the people: And whereas, the fund for common 
 school purposes, under the act of the second of April one. thousand 
 eight hundred and thirty-one, will, on the fourth of April next, 
 amount to the sum of five hundred and forty-six thousand five hundred 
 and sixty-three dollars and seventy-two cents, and will soon reach the 
 sum of two millions of dollars, when it will produce, at five percent., 
 an increase of one hundred thousand dollars, which, by said act, is to 
 be paid for the support of common schools : And whereas, provisions 
 should be made by law, for the distribution of the benefits of this 
 fund to the people of the respective counties of the Commonwealth : 
 Therefore, 
 
 Section 1. Be it enacted by the Senate and House of Represen- 
 i tatives of the Commomcealth of Pennsylvania, in General Assembly 
 \met, and it is hereby enacted by the authority of the same, That the 
 'city and county of Philadelphia, and every other county in this Com- 
 [monv.ealth, shall each form a school division, and that every ward, 
 Ptownship and borough, within the several school divisions, shall each 
 [form a school district : Provided, That any borough which is or may 
 Ibe connected with a township in the assessment and collection of 
 county rates and levies, shall, with the said township, so long as it re- 
 mains so connected, form a district ; and each of said districts shall 
 contain a competent number of common schools, for the education of 
 every child within the limits thereof, who shall apply, either in person 
 or by his or her parents, guardian or next friend, for admission and 
 instruction. 
 
 Section 2. It shall be the duty of the sheriff of each county, thirty 
 days previous to the third Friday in September of the current year, 
 one thousand eight hundred and thirty -four, to give notice, by procla- 
 mation, to the citizens of each school district, to hold elections in their 
 respective townships, wards and boroughs, at the places where they 
 hold their elections for supervisors, town councils and constables, to 
 choose six citizens of each school district, to serve as school directors 
 ci said districts respectively; whicli elections shall, on the said dav,
 
 be conducted and helj in the gams mantiei as (ot supervi* 
 
 Bo/a and constables are by law lield and conduct* .-i day 
 
 of the next annual election of supervisor* in the re "ps, 
 
 and of constables in tho respective cities of ihi< Commonwealth, anew 
 election for directors shall take place in the said towns!) 
 and cities, at which election, and annually thereafter 'it that unv • and 
 in manner and form aforesaid, two directors shall . who shall 
 
 servo for throe years ; the sheriff giving thirty days ootid 
 to sugIi election. 
 
 Section U. It shall be the duty of the said school dun rthin 
 
 ten days after the period of their election, annually to meet in their 
 respective school districts, when each board shall choose, out of their 
 own body* a president and secretary, and a delegate to the joint 
 gate meeting provided for in tho following section ; they shall also ap- 
 point a treasurer for the district where no township or borough trea- 
 surer shall be otherwise appointed ; and it shall be the duty of each 
 board, on the day of their first assembling as aforesaid, to divide 
 themselves into three classes, the first of which shall serve until thf 
 next election, the second until the- second election, and the third until 
 the third election following, so that one-third of each board may be 
 chosen annually ; and if any vacancy shall occur, by death or other- 
 wise, it shall be the duty of the board in which such vacancy may 
 occur, to fill the same untifthe next election. 
 
 Section 4. On the first Tuesday in November, in the year one 
 thousand eight hundred and thirty-four, and the first Monday in May 
 in each year thereafter, there shall be held, at the county court-house 
 in each division, a joint meeting of the county commissioners and one 
 delegate from each board of school directors within said county or 
 school division, in which it shall be decided whether or not a tax for ,*/ 
 the expenditure of each district be levied ; and if a tax be authorized ^ 
 by a majority of the joint meeting, it shall be apportioned among the k 
 several districts as county rates and levies are now by law apportioned- # 
 Each delegate to the joint meeting, shall be entitled to receive onedol- Z 
 lar per day, for each day's attendance spent by him in travelling toJ» 
 and from and attending said meeting, to be paid out of the county^ 
 treasury. r 
 
 Section 5. The appropriations made for the common schools, by 
 the joint meeting, shall be considered part of the authorized esti- 
 mates of county expenditures, and shall be levied and collected in the 
 usual manner : Provided, That no tax shall be less In amount than 
 double tfip funds which may he furnished to said county or school di- 
 vision, as hereinafter directed, out of the treasury of this Common- 
 wealth, in aid of common schools, organized according to the provi- 
 sions of this act : And provided further ', That to constitute a joint 
 meeting, at least two of the county commissioners, and a majority of 
 rhe delegates Of the school districts in each division shall be required, 
 excepl in such pases as are herehtafter provided ; and if no quorum ]y. 
 present, if shall bs lawful for them to hold further meeting? until one 
 is obtained.
 
 Section 6. When such delegate meeting is organized, the vote 
 on the question of making appropriation for common schools shall be 
 taken by yeas and nays, a record whereof shall be kept by the coun- 
 ty commissioners, and if it shall be determined, by a majority of said 
 meeting, that no such appropriation shall be made for any division or 
 county, then all the districts, whose delegates voted in the negative, 
 shall for that year be entitled to no part of the money appropriated by 
 this act, but the whole amount which such division would have been 
 entitled to, had it determined to make such appropriation for common 
 schools by tax, shall go and he appropriated to such district or dis- 
 tricts in said division or county, whose delegates voted in the affirma- 
 tive, in the ratio of the taxable inhabitants of said district. And the 
 amount of tax levied on such district voting in the affirmative, under 
 the present law for educating the poor gratis, shall be fairly estimated 
 by the commissioners, and paid out of the county treasury to such 
 districts, to be added to their common school lund, to entitle the dis- 
 tricts thus voting in the affirmative, to the money appropriated by this 
 act, they shall be required to raise no larger tax than would have 
 been required, had every county in the commonwealth voted, to ap- 
 propriate for common schools as provided for in this act. Jn case a 
 majority of the districts in any division or county vote in the nega- 
 tive, then the amount of tax to be raised by those districts voting in 
 the affirmative, shall be fixed by a majority of the votes of the dele- 
 gates of said districts. If on neither the first nor second meeting, a 
 majority of the commissioners and delegates from all the districts of 
 any division shall attend, then those present shall proceed in the same 
 manner as if a majority had attended, and their proceedings shall be 
 as valid. If, in any division, no district shall thus vote to appro- 
 priate, then the money to which such division would have been enti- 
 tled, shall remain in the state treasury, for the use of such division or 
 counties, for the term of two years from the passage of this act ; af- 
 ter which time, if such division or counties, or any part thereof, do 
 not vote so to appropriate, then the money to which such division 
 would have been entitled, shall go to, and be divided among such di- 
 visions or counties, as shall thus in whole, or in part vote to appro- 
 priate : And it shall be the duty of the county commissioners of each 
 county, in each year rjfter such delegate meeting may have been held, 
 to communicate the proceedings thereof to the general superintend- 
 ent. Provided, That in case it shall have been determined, by aryr 
 such delegate meeting, that no appropriation for common schools 
 should be made for the current year, the acts of assembly to provide 
 for the education of the poor gratis now in force, shall continue in 
 force, in such division or county or district, for the current year. 
 
 Seotiox 7. Within twenty days after such joint meeting of the de- 
 legates as aforesaid, or at such time as such joint meeting shall fix 
 and determine, if said delegate meeting shall have determined to make 
 an appropriation ss aforesaid, the people of (he several school districts 
 shall assemble in th^ir respective wards or districts, at the usual 
 place of holding ward or township elections, or at such pla.ee as may
 
 ict, when to assembled, . 
 ing" a chairman, am board of dmictora 
 
 per district shall tx 
 
 ilu- proceeding* of su< -h meeting ip ih-- book of minu 
 board; <>r iu h i-* absence, thai out) shall bo | 
 director of the said board. It shall bo tta duty of lb 
 rector^ to communicate to such ok 
 the common school i of the dial 
 
 be considered by such meeting : tad it gba . tl^i 
 
 said meeting to decide, by a majoritj 
 
 raise for the current year a sum in addition t<> that determined on by 
 the delegate meeting aforesaid, to be applied to the common sch 
 of the ich mepting shi 
 
 such additional sum, it shall be the duty of the 
 the same to th • supervisors of the township, or the town coun 
 the borough, as the case may be, whose dutj it shall !>• to ad 
 
 ; increase upon the assessment pr tax oftl 
 and thi' same shall be collected as township or borough rates and le- 
 vies are b) law collected. 
 
 Si:< i ro> 6. It shall he the duty of th 'school di- 
 
 rector rmine the number ■ • w d in tb< 
 
 : ve districts; to pause suitable buildings to i- 
 or hin!. i appoint capqbl liberal 
 
 to adni i sch( lars ; to have the general superintendence of the scl 
 of their respective districts ; to pay the nee ;rrcd 
 
 thereby, by orders drawn on urerofthi 
 
 tin" proqideut, and countersigned by t : 
 boards. Provided, That no school director shal 
 ment, whatever, for his services, except when serving as a del 
 
 irding to the provisions of this act ; but he shall I- opted dur- 
 
 ing 'lie performance of the duties of >^' from militia uV 
 
 serving in anv other township or borough <.•.' 
 
 Section 9. Whenever it may b 
 tablish a school out of two or more adjoining »>l di- 
 
 rectors from each of such adjoining 
 
 mav establish and regulate such school : ami th»- eapen* - 
 shall be divid og tp the numb 
 
 scholars each district may tend to such sen 
 
 i ( tio\ 10. Whereas, manual labour may bo advant 
 connect* 1 with intellectual and moral it. 
 »( hools, it shall be I fthe school direct' - I 
 
 Buch connection in their res ■ shall tak- 
 
 and i shall have power to purchase ma- 
 
 terials and ample-] ip tb r 
 
 es of Ihe mechai 
 
 ;' - . ch conn-.
 
 shall lake place in any common school, unless four out of the six di- 
 rectors of the di?triet shall agree thereto. 
 
 Section 11. It shall be the duty of each hoard of school directors, by 
 two or more of their number, to visit every school within their sebool 
 district, at least once in every month, and cause the result of said visit 
 to be entered in the minutes of the board ; and it shall be their further 
 duty, to make an annual and full report to the district inspectors, to 
 be appointed as hereinafter directed, of the situation of each school in 
 their district, the number of scholars, the studies pursued, and whether 
 in connection with manual labour, the number of months in the year 
 the schools shalT have been opened, the expenses attending each school, 
 salary of the teacher, and his or her qualifications and general con- 
 duct, together with such information as may be beneficial, in forming 
 a just estimate of the value of such schools ; and this report to the 
 said inspectors shall be made on or before the first day of October in 
 each year. 
 
 Section 12. The several courts of Quarter Sessions in this Com- 
 monwealth shall, annually, at their first session after the election of 
 school directors within their respective counties or divisions, appoint 
 two competent citizens of each school district, to be inspectors of the 
 public schools therein established by this act, who shall be exempt 
 during the performance of the duties of their said office, from militia 
 duty, and from serving in any township or borough office. 
 
 Section 13. It shall be the duty of the school inspectors, to visit 
 every school in their respective districts, at least once in every three 
 months, and as much ofiener as they may think proper ; to inquire 
 into the moral character, learning and ability of the several teachers 
 employed therein ; they shall have power to examine any person 
 wishing to be employed as a teacher, and if found qualified and of 
 good moral character, shall give him or her a certificate to that effect, 
 naming therein the branches which he or she is found qualified to 
 teach, which certificate shall be valid for one year from the date 
 thereof, and no longer; and no person who shall not have obtained 
 such certificate, shall receive from the county treasury, or from the 
 treasury of the commonwealth, any compensation for his services. 
 
 •Section 14. The inspectors of any school division, may meet at 
 such times and places as they may deem expedient, and adopt such 
 rules for the examination of teachers and schools, and prescribe such 
 forms for certificates, as they may deem necessary to produce unifor- 
 mity in such examinations and certificates, throughout the school di- 
 vision ; and they may, if they deem it expedient, appoint days for the 
 public examination of teachers, and require all teachers to be examined 
 in public ; and said inspectors, or any one of them, may visit all dis- 
 trict schools in th^ir school divisions, and examine the same. 
 
 Section 15. Whenever the inspectors meet together as they are 
 empowered by the preceding section, they shall organize themselves 
 for the proper transaction of business, and each inspector shall be go- 
 verned by the rules then adopted, in his examinations, and observo 
 such forms in his certificates, as shall be prescribed by the majority of
 
 III'! II. 
 
 ualu -i 
 
 i 
 : 
 
 !.l ! ..l , ill 
 
 an iiiiiaml report to the superii ifthe publ 
 
 ibru il.i' tie .t ftlonda) in N< 
 
 their i 
 
 report oi the respi '-:i\' shool .:.: 
 
 the teachers ; the u i 
 
 several scho< Is under their inspection ; - ,J gbt 
 
 in each fclio I; the number of months in the yeardur 
 
 hi'-hr >ul shall ll8 ;>t M|>t-li ; '.In- . 
 
 for building, renting or r ■ have 
 
 tr-n incurred in main 
 districts ; and also shall 
 ui\ isk>n, at 't, ■ 
 
 Ski riD.N ] 7 . The S ealth shaii 
 
 intendenl ofalJ the public schools established by • 
 
 :;i the ftilli 
 
 I. Prepare Shd submit an annual report to the i a 
 nig a Statement eftfje condition of the common schools 
 
 ■■ ;, j-'a.-iS (or ti.- 
 in in on sell 
 his ofl .; and to :: .n schools, 
 
 as he Bhall deem il expedient to communical 
 
 II. He shall prepare suitable blank I 
 
 tions lor making district reports, and for cond id ng the . 
 proeeedmt/s under his jurisdiction, -'.nil lw shall cause thn sai 
 
 r with all such in!" 
 further improvement of the schools, h> I to the *- 
 
 toarda of directors. 
 
 I IF. He shall sign fill orde 
 of moneys into the county school funds, but no all b> 
 
 drawn until 'he county commissioners shal. 
 a oertiheai ■, which they arc hereby required to • 
 school tax required by this act. ha>ii 
 the provisions thereof. 
 
 IV. If any controversy shall arise in relation to th- 
 the pa 
 
 the duties of tl ' . .m appeal t 
 
 made. v. hois her tie and adjust 
 
 without cost all mone\ r 
 
 him in this, and other matters apj 
 tv as superintendent, ■ hall 
 auditor general, and paid out (
 
 Section 18. The County commissioners shdll transmit an abstract 
 of the accounts, audited by the proper officer, to the superintendent, 
 once every rear, on or before the first day of November. 
 
 Section lft. Seventy-five thousand dollars are hereby appropria- 
 ted out of the school fund, for the year one thousand eight hundred 
 and thirty- five, which amount shall be annually thereafter appro- 
 priated and paid as hereinafter directed, until the year when the school 
 fund shall yield an interest of one hundred thousand dollars annually, 
 when that sum shall be distributed in each year amongst the school 
 divisions created by the adoption of this act, n manner following: — 
 The superintendent of common schools shall give notice, in at least 
 one public newspaper in every school division within this Common- 
 wealth, for the space of three weeks,, of the sum to which such divi- 
 sion may be entitled, haying reference in such distribution tq the num- 
 ber of taxable inhabitants in said division ; and these funds shall be 
 again distributed to the different districts, in proportion to the taxable;- 
 of said districts, according to the provisions of this act; and as soon 
 as practicable thereafter, the said superintendent shall cause the dis- 
 tributive share of each school division entitled thereto, to be paid to 
 the county treasurer, which share shall be apportioned amongst the 
 respective districts of the several divisions, according to the said prin- 
 ciple of distribution prescribed for the superintendent ; and the same 
 rule shall be observed in the distribution of the proceeds of the tax im- 
 posed upon the county for the same purpose, by the delegate meeting 
 hereinbefore provided for. 
 
 Section 20. All moneys that may come into the possession pf tlie 
 county treasurers, for the use of any school district or districts within 
 their respective divisions, shall be paid over by the said treasurers to 
 the treasurers of the said districts respectively, at such time* as the 
 commissioners of the respective counties shall order and direct. And 
 the bond of a county treasurer shall be forfeited, by any failure to 
 comply with the duties enjoined upon him by this acx. 
 
 Section 21. The treasurers of the respective townships and bo- 
 roughs, where such officers are appointed, shall be treasurers for 
 their respective school districts, and all moneys belonging to a district 
 for the support of schools, whether the same be derived from appro- 
 priations by the state contributions, from the county treasury, private 
 donations, or otherwise, shall be placed in the custody of the treasurer 
 thereof, and shall be paid out on orders drawn by the president of the 
 board of direetors, by Order of said board ; and the accounts of the 
 said board shall be audited and adjusted, as other aecoiutfs of the 
 townships and boroughs are directed by law to be audited and adjust- 
 ed ; and the said treasurer shall be required to give to the board of 
 directors, good and sufficient security for the safe keeping and- faithful 
 application of the funds entrusted to his care, in all oases where the 
 said treasurer shall be appointed by the said board of directors : 
 Provided, That the several duties of district treasurers in tho 
 cities of Philadelphia, Lancaster and Pittsburg, shall be performed by 
 
 2
 
 p. 
 
 of the respective counties, an I • shall be 
 
 ■ 
 The count; eomra 
 iwealth, shall h ive power to take and ho 
 or personal, whi< h iha 
 or pei 
 within the said county. 
 
 Section 28. Tin: supervisors of every town 
 •I of every borough forming a school 
 to purchase, hold and roci ive real and personal pro 
 tions, that may 1><: ne< >rt of 
 
 schools, and th • i inic to soil, alien and dispose of, whenever it shall 
 be no longer required for the uses aforesaid. And in all r.-i 
 real estate is held by trustees, for the gericral use of ' 
 hood, as a school house or its appendages, it shall b- 
 said trustees, the survivor or survivors of them, to convey the 
 same to the supervisors or town council of the proper district : and 
 from thenceforth, the said supervisors or town council shall hold the 
 said property, for the same term and for the same uses for wh 
 was granted to the said trustees. 
 
 Section 24. That it shall be the duty of the treasurer of each 
 county for the time being, to receive all the moneys, from whatever 
 sources they may arise or become due, that are to be distributed and 
 applied to the support of schools created under the provision of this 
 act, within said county, to keep a just and true account of al 
 receipts and payments, which the auditors of the county shall audit, 
 settle and adjust, in like manner as they shall audit, settle and adjusl 
 his accounts as county treasurer, which accounts, so audited shall be 
 transmitted to the superintendent of common schools, by the co 
 commissioners, as directed by this act. And the said treasurer's ac- 
 counts shall contain a true statement of all moneys received during 
 the year, fir the use of any school or schools of any division o: district 
 of his county, designating in said accounts, from what source- 
 moneys hive been derived,and such account shall be sworn or affirmed 
 jo by him. 
 
 Section 25. Upon settlement of the account of such treasurer, if 
 any balance is found due by him, the transcript of such balance may 
 be filed in the court of common pleas of the proper county, the i 
 shall be a lien upon the real estate of such treasurer, in like manner 
 as balance due by him to the county and commonwealth are made 
 liens by act of assembly. 
 
 Section 26. So much of any act of the General Assembly as is hereby 
 altered o: supplied, is hereby repealed, except the act and its supple- 
 ments now in operation in the city and county of Philadelphia, enti- 
 tled "And act to provide for the education of children at the public 
 expense within the city and county of Philadelphia," which is made 
 concurrent with the provisions of this act, and is in no wise to be con-
 
 11 
 
 sidered as altered, amended or repealed, except so far that the citizeui 
 of said city and county shall be entitled to receive their due proportion 
 and share of any money which may be appropriated out of the school 
 fund, by the legislature, in pursuance of the provision of this act. 
 
 Section 27. Immediately after the passage of this act, the Secre- 
 tary of the Commonwealth shall cause circular letters, with the said 
 act attached thereto, to be addressed to the sheriff of each county, 
 and it shall be the duty of the sheriff aforesaid, to publish the same 
 in two or more newspapers in his county, if so many be published 
 therein, for three successive weeks, in such manner as shall secure 
 the timely organization, under this act, according to the provisions 
 thereof, the expense to be defrayed out of the county treasury. 
 
 WM. PATTERSON, 
 Speaker of the House of Representatives. 
 THO'S. RINGLAND, 
 Speaker of the Senate. 
 
 Approved — The first day of April eighteen hundred and thirty- 
 four. 
 
 GEO: WOLF. 

 
 THE UNIVERSITY 
 
 LIBRARY 
 
 Tin | book i 
 
 < DUE 
 
 on 
 
 the i d l"low 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Form L-P 
 aom-l,'i 
 
 
 
 
 
 
 
 
 
 
 
 
 UNIVERSITY OF CALIFORNIA 
 AT 
 
 Los angel: 
 
 LIBRARY
 
 e.i 
 
 An act to establis] 
 
 system 
 education bv 
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 P38 
 1834 

 
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