l-x^' • , .:■*• It' ■ *" THE UNIVERSITY OF ILLINOIS LIBRARY /( 379.14 Oh3sc iiiiii*:s ^^a^a SURVEY nUNOIS THE SCHOOL OFFICERS' GUIDE, STATE OF OHIO. V GWo- L>^/i^^^>*^ THE SCHOOL OFFICERS' GUIDE, STATE OF OHIO CONTAINING THE LAWS ON THE SUBJECT OF COMMON SCHOOLS, THE SCHOOL FUND, &C, TOGETHER WITH INSTRUCTIONS FOR THE INFORMATION AND GOVERNMENT SCHOOL OFFICERS. PRINTED BY AUTHORITY OF THE GENERAL ASSEMBLY. COLUMBUS: SAMUEL MEDARY, STATE PRINTER. 1842. PREFACE. The undersigned, in obedience to the requisitions of the 9th and 10th sections of the act entitled "An act to amend the act entitled 'an act for the support and better regulation of common schools, and to create permanently the office of Superintendent,' passed March 7, 1838," passed on the 7th day of March, 1842, has performed the duty enjoined upon him by that act in the best manner the limited time, within which it had to be done, would admit. This edition, prepared amid the pressure of other official du- ties, at the most busy season of the year, he has not the vanity to flatter himself will be found every thing which the public may desire ; but he does hope, that when it is placed in the hands of every school officer, it will do much towards insuring punctual- ity in the performance of their various duties, and thus infuse energy into the general system. In the preparation of the instructions and forms, contemplated by the law, the undersigned takes great pleasure in saying that, in respect to the latter, he has derived much assistance from the "School and Township Officer's Manual," by Warren Jenkins, Esq'r, The favorable consideration which the common school sys- tem received at the hands of the legislature, during its last session, and the liberal appropriation made for publishing the present edition of the laws, afford an earnest that a disposition prevails to render it as perfect as possible. It has therefore been thought advisable to embody, in this publication, all the laws now in force having any bearing upon the subject. L SLOANE. Secretary of State's Office, Columbus, June 22, 1842, ERRATA. Page 89, line 6 from the top, for "and," read aid. Page 108, last line but one, of the form of an enumeration report, for "four and twenty one," read iliejirst and. iwentietk. INDEX. Acts, relating to Schools, &c. — An act for the support and better regulation of \ common schools, . - . - . i An act to amend an act for the support and better regulation of common schools, &c. — - - 29 An act to abolish the office of superintendent of common schools, 36 An act to amend the act entitled "an act for the support and better regulation of common schools," &c., 37 An act to amend the act entitled "an act for the support and better regulation of common schools," &c., 37 An act to establish a fund for the support of com- mon schools, 44 An act to provide for the sale of section sixteen, granted by Congress for the use of schools, - 50 An act to incorporate the original surveyed townships, 64 An act to amend an act entitled "an act to incor- porate the original surveyed townships, - 71 An act declaring certain leases of school land valid, 71 An act to amend an act to incorporate the ori- ginal surveyed townships, - - - - 72 An act to amend an act entitled "an act pointing out the mode of levying taxes," - - - 73 Actions — Against lessees of school lands, &c, - - 69 By school districts, who to be plaintiff, - - 28 vm Actions — Continued. Against school districts, who to be defendant, - 8 How process to be served on school districts, - 28 Prosecuting attorney to attend to all suits in which a school district is a party, - - 28 Against trustees of school property, how to be conducted, 28 Annual Reports of School Officers — See Reports. Attorney — See Prosecuting Attorney. Auditor of State — Duties of in relation to common schools, - 76 Auditor of County — Duties of in relation to common schools, - - 77 Blacks and Mulattoes — Their property not taxable for school purposes, 3 Books, School — See School Directors. Clerks of Courts — Shall notify school examiners of their appoint- ment, ---20 Certificates of Teachers — How to be procured, &c., - - - - 21 No person permitted to teach without a certifi- cate, 21 Copy of teacher's certificate to be retained by township treasurer in place of the original, 40 Cities, Towns, &c. — See Incorporated towns, Sfc, Clerk of School Districts — Their duties, 100 Clerks of Cities, &c — Their duties in respect to school matters, - 113 Clerks of Board of School Examiners — Their duties, and how appointed, - - - 81 Clerk of Board of Trustees — Of original surveyed townships, - - - 65 Clerks of Townships — Their duties in regard to school matters, - - 83 County Commissioners — May reduce school tax, ----- 29 County Treasurers — Their duties in regard to school matters, - - 81 Deeds — For school property. [See forms.'] Directors, School — Their powers and duties, - - - - 94 Districts, School — How laid off and altered. [See Toicnship Trus- tees^] 83 Shall be authorized to sue, and how, - - 28 Suits against, directors to be defendants, - - 8 New districts entitled to a due proportion of school fund, 12 Inhabitants of, their powers and duties, - - 113 District Meetings — Annual meetings, when, - - . - 6 Special meetings, how called, - - - - 7 District Account Book — Shall be kept by district clerk, - • - 7 District Clerk — See Clerk of School Districts. District Treasurer — See Treasure?', Enumeration of White Youth — To be taken in districts by district clerk, - 38 See, also, Forms. Evening Schools — May be established by school directors, - - 35 Examiners, School — How, and by whom appointed, &;c. — . - 81 Fines — FORMS- To be applied for school purposes, - - 12, 13 Of an annual report of enumeration of white youth by county auditor, - . - - 80 Of an annual report of enumeration of white youth by township clerk, - - - 86, 87 Of an annual report of enumeration of white youth by district clerk, ... i08, 109 Of an annual report of county auditors on the general subject of common schools, - - 79 Of an annual report of clerks of townships on the general subject of common schools, - - 88 Of an annual report of district clerks on the gen- eral subject of common schools, - - - 110 Of a certificate to be given to teachers, - - 82 Of a notice of a proposition for a school tax, - 89 Of a bond of township treasurer, - - - 90 Of a bond of district treasurer — note concerning, 117 Of a general account book for a township treas- urer, 91 Of a township treasurer's account with the sev- eral districts of his township, - - - 92 Of a township treasurer's general account on which to settle with county auditor, - - 93 XI Forms — Continued. Of a receipt to be taken by a township treasurer on retiring from office, - - . - 94 Of an order of school directors to township treasurer, 96 Of an order to district treasurer, . - . 96 Of an order for the liquidation of taxes, - - 97 Of a lease for school purposes, - - - 97 Of a deed for school purposes, - - - 98 Of a district school record, - - - - 100 Of a record of proceedings of school directors, 101 Of a notice for an annual district meeting, - 103 Of a district account book to be kept by district clerk, 105 Of a district account with the treasurer of town- ship, 106 Of a register of orders issued by school directors, to be kept by district clerk, - - - 106 Of an annual report of school directors, - - 107 Of a district treasurer's account, - - - 112 Of teacher's general register, - - - - 115 Of teacher's daily register, - - - - 116 Of teacher's quarterly report to district clerk, - 117 Fund, Common School — How raised and appropriated, - - 3, 26 Account of, to be taken by state superintendent of common schools, 26 Apportionment of, to districts, . - . 9 German Language — In common schools, . _ . _ 35^ 43 Interest — Arising from the sale of section sixteen, how ap- propriated, 4 From the sale of Virginia Military, United States Military, and Connecticut Western Reserve land, 4, 22, 36 xn Lease — See Forms. Notice — For sale of school house or lot, - - - 14 See, also, Forms. Penalty — Of school officers, for neglect of duty, - 17,40 Origixal Surveyed Townships — Act to incorporate, 64 People — Powers and duties of, in regard to school af- fairs, 113, 114 Prosecuting Attorneys — Duties of, in relation to school matters, - 27,28,81 Register — Teacher's general, - - - - - -115 " daily, 116 Rents — From school lands, how appropriated, - - 12 Reports — Annual, of auditor of state to state superintendent 5 See, also, Forms. Annual, of state superintendent of common schools to the legislature, - - - - 26 Salt Lands — How proceeds to be appropriated, - - - 3 Schools, Common — How to be established, - . - - - 9 What kind, and for how long, - - 9, 19 Who may attend, 31,35 How to be regulated, 9 Who may teach in, . . . - - 21 zia Schools, Common — Continued, What to be taught in, 30 How tuition is to be paid for after public funds are exhausted, - - - - - 30, 31 School Books — What kind may be used, - - - - 21 School Directors — See Directors, School Districts — See Districts, ^ School Examiners — See Examiners, School Funds — See Fund, Common School, School Houses — Tax for building of. [See tax."] How to provide funds for building of, - - 7 How repaired and furnished, - - - - 7 When, and how may be sold, - - - - 14 May be rented by school directors, - - 30 Not to be sold on execution, - - - - 42 School Lands — Rents of, 12 To be under the care of superintendent of com- mon schools and county auditors, - 22, 26, 27 Section Sixteen — Interest on sale, how appropriated, ... 4 Trustees and treasurer of, - - - - 64 How divided into lots and leased, - - . 66 When divided by county line, - - - - 68 XIV Superintendent of Common Schools — General, powers and duties of, - - 4, 26, 27 Duties of, transferred to secretary of state, - 37 Shall prepare an edition of school laws, - - 40 Tax— State School — How collected and appropriated, 3, 4 County commissioners may reduce school tax, 29 School Tax — Additional, how raised in townships, - - 25 How raised in school districts, . . - 7 Shall not exceed two mills on the dollar, • - 33 For building school houses, fuel, &c., - - 7, 9 For paying rent for school room, - - - 30 Voted in one township not to be expended in another, 40 District Tax — When, and to what amount may be raised without the vote of the district, - 9 Delinquent, how collected, - - - - 15 Assessed by directors, 30 To pay loans or interest when made to build or rent school house, how to be raised, - - 34 "When payable, 43 Teachers, School — Duties of, 11 Towns, &c.. Incorporated — How schools therein to be organized, 113, 23, 24, 25 Townships — How divided for school purposes. [See township trustees.'] Original surveyed. [Se°, act to incorporate.'] Township Trustees — Their duties in regard to schools, - - - 83 Of original surveyed, their duties, - 65, QQi^ 67, 68 XV Township Clerks — Duties in regard to schools, - - - 83 Of original surveyed, their duties, - . . 65 Treasurers — County treasurers, - - - - - -81 Township treasurers, ----- 89 District treasurers, Ill Also, see Forms. United States Military, Virginia Military, and Con- necticut Western Reserve School Lands and School Funds — How appropriated, 22 Vote — For school tax, how taken, - - - 19,20 To borrow money for school purposes, - - 34 SCHOOL OFFICER'S GUIDE. C03IM0X SCHOOLS. SVJrXAEY CS C0STi:XT5. Sectiox 1. Fund for education of all white youth; 2. — To he raised by annual tax, and from whom and how eoUectai;} 3. — And from certain reyennes, &c. How distributed. 4. Annual enumeration, and apponiomnent of school fond, &c. 5. School districts, how laid off; — map thereof. — Alterarion of distiicts. 6. Annual district meetings. — Special district meetings. 7. Directors to be sworn; — to appoint a cierk. who shall be district treasurer — his bond, and suits thereon. — Record of proceedings of district meetings. — Di- rectors body corporate. — Deeds, &c, to thenL — Their ordos for axmey, and seulement with district treasurer. S, 9. G^eneral powers and duties of directors, and how &r schools &ee, 10. Duties of teachers. 11. Township treasurer to be treasurer of school fiind; — ^his bond, and suits thereon; 12. — How he shall apportionand pay out school funds. — Teacher to present him certificate of moral character. 13. Funds apportioned to new districts. 14. Settlement of township treasurer. — to deliver to his successor all books, &c 15. Faymenis. accounts, books. &c., of district treisorer. 16. Tax list of district tax. IT. Sale of school house and lot. iS. When tract divided by district line, how taxed, &x. 19. Collection of district tax. 20, 21, 22, 23, 24. General duties of township clerk, and fees thoefor. 25. Same subject. — Vote, &c., for district school tax. 26. Appointment of school examiners: 27. Their duties, fees, &c., of their clerk, and the coxificate to teachers. 2S. County auditor to be county superintendent; 29, 30 —His duties. 31. Fees of cotmty auditor. 1 Section 32, 33, 34, 35, 36. District schools and officers in incorporated towns and cities. 37, 38, 39. Powers and daties of state superintendent. 40. Same subject. — Trusts, &c., for school purposes, how enforced, &c. 41. Suits by and against districts. 42. Acts repealed. — Saving, &c. 43. When preceding act took effect, &c. 44. County commissioners may reduce school tax, &c. 45. Directors may rent school rooms, and levy special tax, &c. 46. Part of 19th section of this collection repealed; 47. — And part of 16th section; 48. —And part of 8th section. 49. Language and branches to be taught. 50. In what cases tuition charged, and account, and collection thereof. 51. What children received into schools, and enumerated. 52. What moneys township treasurer to sue for and collect. 53. Township clerk's jurisdiction in certain cases; 54. — His bond. 55. Duty of county auditor in paying over money to township treasurer. 56. Districts, and maps thereof of 1838, recognized as legal, &c.— Alteration of districts by trustees. — School funds to be paid, when iuU enumeration made, by districts heretofore delinquent. — Districts not heretofore laid off. 57. District tax not to exceed two mills. 58. Loans to purchase site and build school houses, and tax to pay interest. 59. Evening schools. 60. Township trustees may dispense with visitation of township clerk. 61. When youth may go out of district to a German or other school, and adjust- ment of school fund in such case. 62. Voters at district elections. 63. Black and mulatto persons to be noted on assessor's list. 64. General repealing clause. 66. Interest on school fund, how calculated and paid. 67, 68. Office of state superintendent dispensed with; and his duties to be per- formed by secretary of state. 69. Time for laying out districts extended; 70. — And parts of townships undistricted; 71. — Plats thereof valid; 72. When parts of townships may be districted together. 73. Term for which school directors shall be elected. 74. Clerks of school districts to take enumeration of white youth, and report to township clerk. 75. Clerks of townships to make returns to county auditor; — County auditor to make return, annually, to superintendent. 76. District and township clerks' fees. 77. Auditor of State shall annually apportion school funds; — County auditors to annually apportion school fund for counties. 78. Township treasurers shall retain a copy of teacher's certificate. 79. District and township clerks and county auditors responsible for losses, and shall be liable to action, &c. 80. Tax voted by one township not to be expended in another. 81. State superintendent to prepare an edition of school law; directions and forms. Section 82. Number of copies and thier distribution. 83. To be printed by state printer. 84. To be bound in a good and substantial manner. 85 Who entitled to laws. 86. When school land may lie in two or more counties, hovv to proceed. 87. Interest on purchase money, to whom paid. 88. Trustees may alter school district. 89. School houses not to be sold on execution. 90. School tax, when payable. 91. Two school directors to form a quorum, and give orders for money. 92. Youths may attend German school out of their district. 93. Township treasurer's commission on school funds. 94. Repealing clause. An act for the support and better regulation of common schools, and to create permanently the office of superintendent. IFassed March 7, 1838. Took effect April 1, 1838. Col. Slat. 824.] 1. Section i. Be it enacted by the General Assembly F"?'^ fo.F f,<^"- ^ ^ cation 01 all of the State of Ohio, That a fund shall hereafter be white youth; provided, in manner hereinafter specified, for the edu- cation of all the white youth in this state, in such branches of learning as shall hereinafter be prescribed. 2. Sec. ii. That for the purpose aforesaid, there —To be raised ^ ' by annual tax, shall be, annually, levied and assessed upon the ad (and from 1 ^ , 1 T r- . 1 1 whom and how valorem amount oi the general list oi taxable proper- collected;) ty,in each county of this state, (the property of black and mulatto persons excepted,) two mills (a) on the dollar; which assessment shall be made by the county auditor, and collected by the county treasurer, in the same manner as other county taxes are levied and collected; provided that if any tax for school pur- poses shall be levied on the property of any black or mulatto person, it shall be the duty of the county treasurer, or other person charged with the collection of the same, to abate said tax. 3. Sec. hi. That there shall be a state common "~4,"^ ^^°^„ certam reven- school fund established, consisting of the interest on the "^s, &c. surplus revenue, at five per centum, the interest on the proceeds of salt lands; the revenue from banks, ia) It may be reduced to one mill; for which, see 44th section of this collection. insurance and bridge companies, and other funds to be annually provided by the state, to the amount of two hundred thousand dollars per annum; and that said sum of two hundred (a) thousand dollars shall be How distribu- annually distributed among the several counties in this state, in the month of December, according to the number of white youth, (unmarried,) between the ages of four and twenty (b) years, resident in each county, under the restrictions and regulations herein- after provided. Annual enu- 4. Sec. IV. That the superintendent of common apportionment schools, (c) for the State of Ohio, shall, on or before of^school fund, ^j_^^ fifteenth day of December, annually, furnish to the state auditor an accurate enumeration of all the youth, as aforesaid, in each county in this state; and shall, in such enumeration, state the numbers residing in the Virginia military district. United States military district, and Western Reserve, each, separately; and the said state auditor shall, thereupon, immediately make an apportionment of said two hundred thousand dollars, as above provided; and shall also add to the portion of each county, all interest on the proceeds of lands that may, at the time, be due to the several counties, or townships in the counties, and shall de- signate the amount so added, as belonging to the pro- per fund or township, as the case may be, (d) and forthwith give notice to the several county auditors of the state, of the amount so apportioned and due to their respective counties, stating from what several sources the same is derived; and the several county (a) Words in italic repealed, and common school fund reduced to one hundred and fifty thousand dollars, by act of 1842, entitled "an act making appropriations for the year 1842." (6) See 51st sec. As to how this sum was raised in 1833-39, see 37 V. Stat , 74, sec. 3, (c) See 68th section of this collection. (d) Interest on school funds calculated to first of January: see 66th section. treasurers shall retain in their respective treasuries, from the state funds, the amount so apportioned to their respective counties; provided that the interest on the portion due to each county, of the surplus revenue, shall be charged to the county as a part of said sum of two hundred thousand dollars; and that said auditor of state shall, on or before the fifteenth day of January, annually, furnish the state superin- tendent a detailed statement of all the moneys so ap- portioned. Sec. v. (a) 5. Sec. VI. That the trustees of each incorporated School districts ■* how laid on. township in this state, where the same is not already done, shall, on or before the Jii^si day of June next, (b) lay off their respective townships into school districts, in the manner most convenient for the population and different neighborhoods thereof, paying due regard to any school house already erected, school districts already laid off, and all other circumstances proper to be considered, so as to promote the interest of the inhabitants of the townships m which such district shall be so laid off, and so as to include all the territo- ry of the townships; and said trustees shall, immedi- ately after laying off such school districts, prepare a —Map thereof;, map, or plat of their township, upon which the boun- dary lines of all the districts shall be laid down, with such plats or references to the adjacent tracts of land along the lines, or at the corners of the districts, or such memorandums of the names of the owners of the adjacent tracts, or such other matters or localities along the lines, or at the corners of the districts, that said lines and corners may be ascertained by an ex- amination of said map or plat; which districts shall be regularly numbered and marked on said plat or map; one copy of which shall be kept by the town- (a) Repealed; for which, see 66th section. (6) Extended: See 56th, 69th, and 71st sections. ship clerk; and said clerk shall, within one month after such township is laid off, deliver to the proper county auditor a copy of the same, and also make a record thereof on the books of the township, which shall be open to the inspection of all persons interest- ed. The said trustees, in all cases where their res- pective townships are already districted, shall prepare, or cause their clerk to prepare, a like map or plat of the same, to be recorded, and a copy to be deposited with the auditor, aforesaid; and the said trustees shall have power, at their annual meeting, on the first Monday of March, annually, to make such alterations in the districts, as in their opinion the general good shall require; for which purpose they may adjourn Alteration of from day to day; provided, that no alteration of any district shall be made, unless public notice shall have been given of the contemplated change, by posting up written notice, in at least three of the most pubhc places in each of the districts to be affected thereby, thirty days previous to such meeting; (a) which no- tice shall describe the boundaries of the proposed new district, or lines to be changed. Whenever a new district or an alteration is made in a district, the township clerk shall make out and record a new map of the districts in the township, and make and deliver to the auditor of the county a copy thereof, within the time above specified. Annual district 6. Sec. vii. That there shall hereafter be a meet- ing in each school district, which shall be held on the third Friday of September, annually, at such school house, or, (if there be no school house,) at such other place in the district as the school directors shall de- signate, notice of the time and place of holding which meeting shall be posted up by the district clerk, in at least three public places in the district, ten days before (a) See (as to the power of trustees to alter districts) 56th section. meetings. such meeting, and read in each school, kept in the district, five days before such meeting; and at all such annual meetings the voters, the same being house- holders in said district, shall organize by appointing a chairman, and the clerk of the district shall act as secretary, or, in his absence, a secretary shall be ap- pointed, pro tempore, and the voters present may transact all the ordinary business of the district, and elect three directors to serve for the ensuing year, (a) vi^ho shall be sw^orn into office, and hold their respec- tive offices until the next annual election, or until their successors are chosen and qualified; and it shall be lawful for a majority of the voters present, at such annual meeting, to determine, by vote, upon the erec- tion and purchase of a school house, or the purchase of a lot or lots on which to erect such house, and how much money shall be raised for such purchase, and the purchase of fuel, and for building, repairing, or fur- nishing any school house or school houses in their district; which sums of money, so voted, shall be collected as hereinafter provided: provided, that spe- Special district ^ ^ _ ^ meetings. cial meetings of the voters may be called in the dis- trict by the directors, on giving twenty days notice, as aforesaid, which notice shall also state the particu- lar object or objects of the meeting; and such called meeting shall have power to transact all the business, specified in the said notice, that a regular meeting of said voters could transact; and, provided further, that no tax shall be levied by the vote of such mxceting, unless the notice aforesaid shall state, specifically, that such tax is proposed to be levied, and the object of such tax. 7. Sec. viii. That said directors shall, Mdthin ten Directors to be J r 1 • 1 • sworn; days alter then- election, meet and take an oath or affirmation of office, faithfully to discharge the duties (a) By the 15th section of the act of March, 1842, (section 87 of this collection,) directors are to serve three years. 8 of the ofRce, to which they shall have been elected, and, to the best of their ability, promote the true interest of education within their respective districts; which said oath may be administered by either of said —To appoint a directors. They shall elect, from their own num- clerk, who shall , i i /• i t • i i n i , -• • be district trea- ber, a Clerk 01 the district, who shall also be district treasurer; and the said director, so chosen clerk and treasurer, as aforesaid, previous to entering on the —His bond and duties of said offices, shall ffive bond and security, to suits thereon. , i i , , ■ i , r i be approved by the township clerk of the respective townships, conditioned for the faithful disbursement of all moneys that shall come into his hands, belong- ing to said district, which said bond shall be made payable to the state of Ohio; and when such bond shall be forfeited, it shall be the duty of the said town- ship clerk to sue and collect the same for the use of Record of pro- the proper district. And it shall be the duty of said ceedings 01 dis- i , , . . . trict meetings, clerk to keep, ill the book of records of said district, a full and accurate record of all the proceedings of said directors and district meetings, which shall be signed by the chairman and countersigned by the Directors, body clerk, as evidence of its correctness. And the said corporate. i i r t board of directors, and their successors in office, shall be a body politic and corporate in law, and, as such, shall be capable of contracting and being contracted with, suing and being sued, pleading and being im- pleaded in any court of law or equity in this state; be capable of receiving any gift, grant, donation or devise, made to, or for the use of such district; and them!'' '^°" ^° may receive a deed of conveyance or lease for any land whereon to erect a school house or houses, which lease or deed shall be made to such directors and their successors in office, or to the district; and, in either case, the corporate body hereby created shall be deemed the grantee or lessee, and shall hold the Their orders for same to and for the sole use of such district. They mone>,an cet- ^^^^^^ examine all accounts of the district treasurer, 9 and shall order the payment of all moneys that shall tiement with district irCtisu* come into, or that shall be in., the township treasury rer. for the use of the district; aiad, at the close of each year, they shall examine the annual account of the district treasurer, and cause the same to be entered of record and signed by the said directors, if ap- proved. 8. Sec. ix. That said directors, any two of whom General powers ' •' and duties of shall form a quorum for business, shall have power to directors, and . . , , . . , , . how far schools divide their district into sub-districts, and select sites free, for school houses, and purchase the same; {a) to repair and keep in order the school houses in the district; to provide fuel for the school or schools; and, for neces- sary repairs and fuel, they may, without the vote of the district, levy and assess the necessary tax on the property in the district, not to exceed twenty dollars in one year. And it shall be their duty, when funds have been voted and assessed as aforesaid, to contract for the erection of a school house or houses, and pro- vide such furniture therefor as may be necessary. They shall establish a sufficient number of schools, and em.ploy one or more teachers, either male or fe- male; establish such rules and regulations, from time to time, as they may think proper for the government of the schools; they may determine what ages may attend the different schools, {b) or at the different periods of the year at which the said school is taught, and what number shall be assigned to each teacher, giving to all in the district an equal privilege; may determine the studies to be pursued in each school, so that reading, writing and arithmetic shall all be taught in the English language; (c) and ihey shall faithfully (a) As to when the directors may rent a school room, see '45th section. (&) But all over four and under twenty one shall have equal privileges in the common schools, and the directors may allow persons over twenty one to attend school; for which, see 51st section of this collection. (<;) So far as it requires any branch to be taught in the English lan- fuage, repealed: for which see 48th section of this collection, and modified y 49th and 61st sections. 10 appropriate and expend in the support of such school or schools, all moneys belonging to their respective districts for that purpose; said directors shall deter- mine how and when the funds shall be expended, and may apportion the same to such parts of the year as the convenience of the district may require; they shall manage and superintend the concerns of the schools within their district, and perform all such other lawful acts as may, from time to time, be required of them by any district meeting, or as may be necessary to carry into full effect the provisions of this act; pro- vided, that in all cases, during the periods when the public money is applied for the support of the schools, said schools shall be free for all the white children in the district, under such regulations as may be adopted to secure to each an equal participation therein; pro- vided further, that the school directors may, at their discretion, commute any tax assessed by the district under this act, for labor and materials, to be applied under their direction to the erection, completion, re- pairing, or furnishing of school houses in their district, or for providing fuel ; provided further, that nothing in this act shall be so construed as to prevent any other language, in addition to the English, from being taught in the common schools, at the discretion of the di- rectors. Same subject. 9. Sec. x. That said directors shall, at the annual district meeting, by their clerk, or some other person by them appointed, before the election of otTicers for the ensuing year, report, in writing, an account of their official proceedings for the preceding year, showing the amount of school funds apportioned to the district, and how it has been expended; how many schools have been taught; for what time, and the amount of salaries paid to teachers; the number of pupils in each school — the branches taught; the amount of money raised by district tax, for purchasing, building, repair- u ing school houses, or any other purpose, with an ac- count of all the disbursements; and shall also report such other information to the meeting as shall be thought useful ; which report, or a copy thereof, shall be, by the clerk of the district, delivered to the town- ship clerk within live days thereafter. 10. Sec. XI. That it shall be the duty of every J^^jfl^g*'^ teacher, hereafter employed to teach a common dis- trict school, to enter in a book, to be provided by the district clerk, the names of all the children attending school, their ages, the date when they commence, the length of time they continue, and keep a table showing the daily attendance; (a) which book shall, at all times, be open to the inspection of all persons interested, and be delivered over by the teacher to the district clerk, at the expiration of the term of the school; and the teacher shall, as often as once in three months, make an abstract of said record, showing the whole number of pupils enroled, and the average daily at- tendance, distinguishing the number of males and females, and deposit the same with the clerk of the district; and it shall be unlawful to pay any teacher mere than two thirds the amount due for any term of tuition until said abstract shall be placed in the hands of the district clerk, as aforesaid. 11. Sec. xir. That the township treasurer, in each Township township, shall be treasurer of all the school funds of treasurer of the township, arising from lands, fines, interest, taxes ^'^^''°^ *"""^' or state distributions, under the regulations hereinafter provided; and, on his election, before he shall enter upon the duties of his office, he shall eive bond, with —His bond, sufficient security, payable to the state of Ohio, to be thereon; approved by the township trustees of the respective township, for the faithful disbursement, according to law, of all such funds as shall from time to time come into his hands; and, on the forfeiture of said bond, it —— . — . \ (a) Modified by 50th section of this collection. 12 shall be the duty of the township clerk to prosecute and collect tlie same for the use of the township. —How he shall 12. Sec. xiri. That ail money arising from ground pay out scbool rents for school purposes, shall be paid over to the "" ^' treasurer of the civil township, and he shall apportion the same, with all fines and other school funds in his hands, (except what he shall receive from the county treasury, which shall be paid out according to the ap- portionment of the auditor,) among the several dis- tricts, in the same proportion that the apportionment shall be made by the county auditor; and he shall pay out the money belonging to each district, to the teach- er or teachers thereof, upon the order of the directors, or any two of them, the district clerk being one of the two; (a) provided, that he shall in no case pay money to any teacher, who shall not, at the time of present- Teacher to pre- ing his order therefor, present a certificate of qualifi- lificate of mor- cation and moral character, as provided in the twenty al character, eighth section of this act; which certificate shall have been issued, and bear date, previous to the commence- ment of the term for which he claims pay. Funds appor- 13. Sec. xiv. That any alteration or new district, tionedtonew r r i r ■■-,■,■■ districts. hereaiter lormed cut oi one or more ongmal district or districts, shall be entitled to a proportionate share of all moneys due, or paid into the township or county treasury, for the use of said original district or dis- tricts, to be divided with, and paid over to, said new district, in proportion to the number of white youth in said detached part or new district, except so much as may have been raised for repairs, fuel, furniture, or for the erection of a school house, if such school house be retained in the original district. Settlement of 14. Sec. XV. That the township treasurer shall, u'rer"^ '^^^^"^' annually, in the month of December, settle with the county auditor, and account to him for all the moneys (a) The words in italic repealed. Any two directors a quorum to do business. See act of 1842, section 91 of this collection. 13 received for school purposes, and shall furnish him with a statement, in writing, showing the several amounts received, from whom, and on what account, and the amount paid for each district. And the aud- itor shall examine the vouchers for such payments, with the certificates of teachers, and, as far as he is satisfied with the correctness thereof, shall certify the same, which certificate shall be, prima facie, a dis- charge of such treasurer: and, at the expiration of his —To deliver to ^ _ '^ _ his successor term of service, said treasurer shall deliver over to his all books, &c. successor in office, all books, papers, records, and oth- er documents belonging to his said office, with all moneys, and property of every description in his hands, belonging to said township, or any district therein, and take the receipt of his successor therefor, and deposit the same with the township clerk, within ten days thereafter. 15. Sec. XVI. That all moneys that shall come Payments, ac- •' _ counts, books, into the hands of anv district treasurer, belonging to &c., of district trcusurGr his district, shall be by him paid over, on the written order of the directors, or any two of them, the dis- trict clerk being one of the two, of such district, and not otherwise; and all such orders received and paid by the treasurer shall be by him carefully filed and preserved; and he shall keep a separate book of his accounts as treasurer, in which he shall enter an ac- count of all receipts and disbursements on account of his district; and, at the expiration of his term of ser- vice, shall deliver to his successor in office all books, papers and moneys in his hands, belonging to the dis- trict, for which he shall procure his receipt, and depos- it the same with the township clerk within ten days thereafter. 16. Sec. xvii. That whenever the directors of any Tax list of dia- . . •' tnct tax. district shall determine on levying a tax, not exceed- ing twenty dollars in any one year, for repairing and furnishing any school house, or whenever any annual 14 or special meeting shall decide that such tax shall be levied as aforesaid, the clerk of the district shall apply- to the county auditor, who, upon being furnished with the names of all persons liable to taxation within such school district, shall furnish such directors with an ab- stract of all the property within said district, (not in- cluding the property of black and mulatto persons,) and the said directors shall levy upon such property the amount of tax so agreed on by the meeting, or by the directors, under the restriction aforesaid; /)rovi- ded^ that if the said directors request it, the auditor shall assess suck sum or sums as shall be ordered by any district meeting, or by the directors, under the re- strictions aforesaid, upon the property in said district* and cause it to be collected as other taxes are collected, and paid over to the township treasurer for the use of the proper district : and, provided further, that no treas- urer or other county officer shall be allowed fees for collecting and paying over any tuition or building tax, as provided for in this act, except so much as is collected under the second section, (a) Sale of school 17. Sec. xviii. That whenever, by reason of a division of districts, any school house or lot shall be so situated as not to accommodate any district, or sub-districts, the directors of the district, where the same is located, shall cause the same to be sold to the highest bidder, after giving notice of the time and place of sale, at least thirty days, which notice shall be posted up in at least three public places in said dis- trict; and the directors shall cause the avails of such sale to be apportioned among the districts composing the original district, in proportion to the population in each; provided, that no such sale shall take place until a site for another school house, within sucli dis- trict, shall have been secured. (a) That part of this section which is in italic, repealed; for which, see 47tb section of this collection. 15 18. Sec. xix. That if, in making out an abstract ^Vhen tract di- ' _ ^ _ vided by dis- of taxable property, as required by this act, the coun- trict line, how ty auditor shall discover that any tract of land is di- vided by the boundary line between districts, he shall determine, from the best information wdthin his reach, what proportion of the valuation of the tract so divi- ded will lie in each district, and shall apportion the tax assessed on such tract, to and amongst the dis- tricts, according to the relative value thereof lying in each. 19. Sec. XX. That the district treasurer, to whom Collection of , district tax. a tax duplicate shall have been delivered, shall, withm the time prescribed for the payment of such tax, in manner aforesaid, personally demand the same of the several persons charged therewith, if they be found within his township; and if such tax be not paid be- fore the expiration of the time so prescribed, such district treasurer may then collect the same, by dis- tress and sale of personal property, in the same man- ner as county treasurers are authorized to do, in the collection of state and county taxes, and shall be al- lowed the same fees for his services, under the provis- ions of this section, as are allowed to county treasur- ers for similar services; and if the tax, so assessed on real property, shall remain unpaid for the space of three months after the expiration of the time prescribed as aforesaid for the payment thereof, and if sufficient personal property belonging to such persons as cannot be found within the township, whereof to make such tax by distress and sale, the district treasurer shall then report such delinquent or delinquents to the auditor of tl^ county, and the auditor, on being satis- fied of the correctness of the proceedings, shall, in making out the duplicate of state and county taxes next thereafter, enter such delinquent tax in a sepa- rate column of such duplicate, to be collected as other taxes; and, if the said delinquent taxes shall not exceed 16 twenty dollars^ the said auditor shall forthwith give to the district treaswer^ a warrant or order on the county treasurer for the amount, which shall be paid by the treasurer out of any money in his hands, belonging to said county; and the said delinquent taxes, when col- lected, shall be for the use of such county; (a) but if the amount shall exceed twenty dollars, it shall, when so collected, be paid over to the proper township treas- urer, for the use of such district. General duties 20. Sec. XXI. That the township clerk of each clerk, and fees township {b) shall be superintendent of common * ^^^ *"'• schools within his respective township, and shall per- form the several duties hereinafter prescribed: He shall, between the first and twentieth days of October, eighteen hundred and thirty eight, and between the same days in the month of October, in every second year thereafter, take, or cause to be taken, a list or enumeration, in writing, of all the white youth in each district in his township, separately, between the ages of four and twenty (c) years, distinguishing between the number of males and females, (and omitting all married persons) and shall preserve the said enumer- ation with the papers of the township; (d) and shall, on or before the fifteenth day of November next suc- ceeding, deposit with the auditor of the proper county, a fair and accurate copy of the said list or enumera- tion, as aforesaid, and the said township clerk shall be entitled to receive from the county treasury, compen- (a) The part in italic, repealed; for which, see 46th section of this col- lection. (6) See supplementary provision, (53d section,) in cases where districts are composed of parts of two or more incorporated townships. (c) The enumeration must be of all between four and twenty one years, &c., not including those attending academies, &c. See 51st section of this collection. (d) All enumerations shall be made by district clerks, and returned to township clerks. See act of 1842, section 75, of this collection. Note. — The word second, in italic, is repealed by the third section of the act of 1842, (section 75, of this collection.) 17 sation for taking such enumeration and conveying the same to the county seat, at the rate of not more than one dollar and fifty cents per day, for the time neces- sarily employed therein, to be determined by the township trustees, which shall be paid him after the trustees of his township, or any two of them, shall have examined his account, and certified that the same is correct; provided, that if said clerk shall, on any account, be unable to attend to the enumeration aforesaid, in person, he shall employ some faithful and competent person to attend to said duty, who shall be entitled to receive the compensation in manner and form, aforesaid; and if the said township clerk shall neglect or refuse to take said enumeration, or cause it to be taken and returned to the county aud- itor, in manner aforesaid, he shall forfeit and pay, for the use of the schools in his township, the sum of fif- teen dollars, to be recovered before any justice of the peace, in the proper county, on complaint of any indi- vidual, in the name of the state of Ohio. 21. Sec. xxn. That if any school district, now Same subject, formed, sh^l be found to be partly situated in an orig- inal surveyed township, or fractional township, to which belongs any of section sixteen, or other lands in lieu thereof, for the use of schools, or any interest on the proceeds of such school lands, the said clerk shall, in taking the enumeration of youth therein, as required in the preceding section, enumerate sepa- rately those residing in that part of the district situa- ted in such original surveyed township, or fractional township; and where any district comprises a part of two or more civil townships, and the trustees shall not so alter the same as to bound by the lines of the civil townships, the clerk of each township shall take the enumeration of such part of such district as is within his respective township. 2 18 Same subject. 22. Sec. xxiu. That the said township superin- tendent shall fill all vacancies that occur during (he year, in any board of directors, in any school district in his township; and on a failure to hold the annual election as aforesaid, in any district, or if a board be elected and shall refuse to serve, or if a new district is formed, he shall appoint three judicious persons, householders in said district, school directors, who shall hold their offices until the next annual election, and until their successors are elected and qualified, and shall perform the same duties, and possess the same powers as they would have done if regularly elected by the voters of the district, at the annual election as aforesaid. Same subject. 23. Sec. xxiv. That the township superintendent shall, on or before the fifteenth day of November, annually, make out and deposit with the county aud- itor of his proper county an abstract of all the dis- trict returns made to him as herein provided, showing the number of common schools in the township; the number of teachers, male and female, separately; the amount of wages paid each; the aggregate number of months a school may have been taught in each dis- trict; the number of pupils enroled in all the schools, male and female, separately, and the average daily attendance at school; the number of school houses built each year, and the cost of each; the value and quantity of any school land in, or belonging to, tlie township, and the annual rent of the same, and such other information as may be thought important for the interest of schools. Same subject. 24. Sec. xxv. That in any case where the district has failed to elect directors, or they being elected, have neglected or refused to qualify or discharge the duties of their office, and when the township super- intendent may have appointed others to fill such va- cancies, who have also neglected or refused to act, it 19 shall be the duty of the township superintendent to proceed to said district, and take upon himself all the duties assigned to the board of directors; {a) and the township treasurer shall pay the teachers in such dis- trict their salaries, on the order of the said township superintendent, in the same manner as he is required to do on the order of the directors, where they act: and all taxes assessed, and expenses incurred, under the direction of said township clerk, in such non- electing districts, shall be as valid and binding, to all intents and purposes, as if the said board of directors had transacted the business; and said township clerk shall be allowed such reasonable compensation for his services, under this section, as the trustees of the township think just, to be paid out of the funds of the said district. '25. Sec. xxvi. That the township superintendent game subject, of common schools shall visit each common school in his township, at least once in each year, {h) and ex- amine the journal or record of the teacher, and all other matters that he may deem important, touching the situation, discipline, mode of teaching, and im- provement thereof; and he shall keep a journal of all such examinations, and of his observations thereon, which shall be open to all school officers in the dis- trict; and he shall make an estimate, as near as pos- Vote, &c., for sible, of the amount of money required in his town- tax"*^' ^^ ship, in addition to what shall be furnished by the several provisions of this law, if there shall be a de- ficiency, to provide, at least, six months good school- ing to all the white unmarried youth in the township, during the year ensuing, and shall cause public notice f^ to be given, of the amount required, by posting the same in writing, on the door of every common school {a) Before doing so, he must execute a bond as district treasurer; for which, see 54th section. (6) Amended. See 60th section of this collection. 20 house in the township, and at the usual place of hold- ing the elections, at least fifteen days before the an- nual township election, on the first Monday of April; and, at such election, it shall be lawful for the qualified voters to indorse on their tickets, "school tax," or, "no school tax," and if, on counting the votes, it shall be found that there are more votes for school tax than against it, the result shall be certified to the county auditor, who shall assess the amount so esti- mated by the township superintendent, to be assessed upon the property of such township, (a) which shall be collected and paid over to the treasurer of the township, in the same manner as is provided for the amount levied in the second section of this act; but if there shall be found more votes for "no school tax" than for it, then no further school tax shall be assessed for that year. Appointment 26. Sec. xsvii. That the court of common pleas aminers. of each county in this state, shall, at their first term after the passage of this act, or at any subsequent term, appoint three competent men, to act as school examiners, w^ho shall forthwith be notified of their appointment by the clerk of said court, and hold their offices for three years, and until their successors are appointed; and the said court shall, from time to time, fill all vacancies in said board of examiners. —Their duties; 27. Sec. xxviii. That said board shall, within ten their clerk, and days after their appointment, on being notified there- to^teadiers.^^^^ of, meet and organize by electing a chairman and clerk from their own body; they shall fix upon the time and place to hold quarterly meetings for the ex- ♦ amination of all persons who wish to become teachers in their counties; and, at such regular meetings, any one of said board, on failure of the others to attend, shall be competent to examine candidates, and give (a) But not over two mills on the dollar; for which, see 57th section. 31 certificates; and the certificates so given shall be sufficient for any part of the county; and no person shall be employed as teacher in any common school, unless he or she shall first have obtained a certificate from said examiners, or one of them, of good moral character, and that he or she is qualified to teach reading, writing and arithmetic; and the said ex- aminers shall certify, upon such examination, v/hat other branches the candidates severally are qualified to teach; and no such teacher shall be alloM^ed to teach in any common school, any branch not named in his or her certificate. The said examiners shall adopt such bylaws and regulations for the transaction of business as to them shall appear proper, and shall keep a journal of all their proceedings; and the clerk shall receive from the county treasury one dollar and fifty cents per day for each day spent in such exam- ination at general meetings; and the county.auditor shall give an order to said clerk for all moneys by him expended in the purchase of books, stationery, &c., for the purposes aforesaid; and the said board may, at the request of any candidate, hold special meetings as often as need be, and the candidates at such special meetings shall each pay, on receiving his or her certificate, fifty cents to the clerk for his compensation ; and the said examiners may, whenever they think it advisable, determine what school books are best adapted to the schools in their respective counties, and recommend the same to the use of the different school districts: provided, that no certificate shall be considered valid more than two years after it has been given; and the said examiners may give their certificate for any shorter time, not less than six months : and, provided further, that said examiners may, at their discretion, appoint examiners in distant townships, for the examination of teachers. Exam- iners so appointed shall be governed by the rules and 22 County auditor to be county superintend- ent; — His duties. regulations prescribed by the county board of school examiners. 28. Sec. xxix. That the county auditor shall be county superintendent of common schools, and, as such, shall do and perform such duties as shall be hereinafter prescribed. 29. Sec. xxx. That the auditor of each county shall, immediately after his annual settlement with the said county treasurer, apportion to the several school districts in such county, all the money then in the treasury of such county, for the use of schools there- in, as follows, to wit: All the moneys collected on the tax duplicate of any township, for the use of schools, shall be apportioned to the several districts and parts of districts, in such townships; all the moneys received from the state treasury, on account of interest on the money accruing from the sale of section sixteen, or other lands in lieu thereof, shall be apportioned to the several districts and parts of dis- tricts, in the original surveyed townships or fractional townships, to which such land belongs; all moneys received by the county treasurer, on account of the Virginia military school fund, United States military district, and Connecticut Western Reserve, shall be apportioned according to the laws regulating the same; and all other moneys, for the use of schools in the county, shall, if its appropriation is not otherwise directed by law, be apportioned to all the districts in the county; and all such apportionments shall be made to the several districts and parts of districts, in proportion to the number of youth therein; and he shall, immediately after making said apportionment, enter the same in a book, to be kept for that purpose, and shall furnish the township treasurers and town- ship clerks, each, with a copy of said apportionment, and give to each township treasurer an order on the county treasurer for the amount of money belonging 23 to the several districts in his respective township, (a) and take a receipt from such treasurer for the amount thus received, which receipt shall specify the amount to be paid to each district; and the said county auditor shall carefully collect the fines, and all other moneys for school purposes in his county, and pay the same over to the county treasurer; and he shall carefully inspect all accounts of interest for section sixteen, or other school lands, whether the interest is paid by the state or by the debtors, and take all proper measures to secure to each township its full amount of school funds. 30. Sec. xxxi. That the said county auditor shall, Same subject. on or before the first day of December, annually, make out and transmit to the state superintendent of common schools, at Columbus, an abstract of all the returns made to him from the several townships in his county, according to the form that may be prescribed by the state superintendent; and he shall cause to be distributed all such circulars, blanks, and other papers and documents, in the several townships in the coun- ty, as the state superintendent shall lawfully require. 31. Sec. XXXII. That the county commissioners fees of county of each county in this state shall make the same al- ^^^^^°^- lowance to the county auditors, out of their respec- tive county treasuries, for services performed, and expenses incurred under this law, as is allowed for other services of a like nature. 32. Sec. xxxiii. That each and every incorporated District •' _ ^ schools and oi- citv, tov/n or boroush, not otherwise especially regu- ficers in incor- , , 1 , , , . , • , r f Porated towns lated by charter, shall be, and is hereby created a and cities. separate school district, to be under the supervision of the corporate authorities of such city, town or borough, under the regulations hereinafter provided; (a) Township treasurer must present a certificate of the township clerk, showing that he has executed an official bond; and the money must not exceed one half of the penalty of the bond, &c. See 55th eectioD. 24 and the qualified voters of such city, town or borough, shall, annually, on the third Friday in September, hereafter, elect three directors, who shall have the same powers, perform the same duties, and be subject to the same penalties as other school directors: provi- ded that the corporate authorities may, by ordinance, increase the number of directors so as to allow one to each sub-district, who shall be elected in like man- ner. Same subject. 33. Sec. xxxiv. That the directors in any incor- porated town, city or borough, shall be authorized, when they think it advisable, to divide their district into sub-districts; and they may establish schools of different grades, and ordain such rules for the duties and discipline of such schools as they think conducive to the public good; and it shall be lawful for the trus- tees of any township in which such incorporate town, city or borough shall be situate, by and with the con- sent of the school directors of any such incorporated town, city or borough, to attach thereto such parts of their respective townships as lie adjacent thereto. Same subject. 34. Sec. xxxv. That in all such incorporated towns, cities or boroughs, the clerk of such incorpora- ted body shall be clerk of such district, and he shall do and perform all the duties of the clerk of school districts, as provided in this act, (except that he shall not be treasurer,) and such other duties as the direc- tors shall, from time to time, prescribe. All orders of the directors, for the payment of money, shall be countersigned by the clerk of said corporation. Same subject. 35. Sec. xxxvi. That whenever said incorporated town is divided into sub-districts, one director shall be elected, residing in each of such sub-districts. And the tuition funds shall be divided among the sub- districts, so as to make them as nearly equal as pos- sible. All taxes for building, purchasing, repairing or furnishing school houses and lots, shall be equally as- 25 sessed on all the property in the district; and the directors, in expending the same, shall provide from the common fund for all the sub-districts; provided, that in assessing taxes for building school houses, such equitable assessment shall be made, as to require property not heretofore taxed for this purpose, to be assessed first, at a rate equal to that which has been paid by property already taxed for such buildings, before a general assessment shall be made on the whole taxable property therein. 36. Sec. xxxvii. That in all districts consisting of Same subject. incorporated towns, cities or boroughs, and such por- tions of other territory as may be added thereto, where the school funds furnished by this act shall be deemed insufficient, and the township shall have re- fused to assess additional school tax, the directors may estimate the amount of tuition fund that in their opinion wiU be required to keep a sufficient number of common schools, for such a period as they think tlie interest of the people requires, not less than six months, for all that desire to attend such common schools, and, thereupon, they shall cause notice to be given, and the vote to be taken, at such time as they shall prescribe, in the same manner as is hereinbefore provided; and after counting the votes given, such tax shall or shall not be assessed, according to said vote, in the same manner as is pointed out by the twenty fifth section of this act, for the assessing and collecting school money in townships; and such dis- tricts shall have, in all respects, the same power to build, purchase, repair or furnish school houses or lots, and assess taxes therefor, and do all other acts that other school districts can lawfully do; and the directors shall appoint a district treasurer, who shall give bond and security, and be governed in all res- pects by this law regulating the duty of other district treasurers. 26 Sec. xxxviir. (a) Sec. XXXIX. (b) Powers and du- 37. Sec. XL. That it shall be the duty of said perintendent. superintendent to collect all such information as may be deemed important in reference to the common schools in each township, city or borough in this state, and especially the number of children, the number and quality of schools, the qualifications of teachers, time schools are severally taught in each district, the number of scholars in attendance, the amount paid for tuition in common schools, and the sources from whence the different items of school funds are derived; also, to collect information of the number of school houses, the amount expended from year to year in erecting school houses, and all other matters in reference to the operation and effects of the common school system, and report to the legisla- ture in the month of January, annually, all the in- formation by him collected, and suggest such improve- ments, from time to time, as he may think the inter- ests of the state require. Same Bubject. 38. Sec. xli. That it shall be his duty to ascer- tain and report the condition and value of all the school lands in the state, with the amount of the different school funds due to each township, from lands or interest. Same subject. 39. Sec. xlii. That it shall be his duty to ascer- tain what lands are due the different townships in this state, under the act of congress, passed May 20, Story'sLU.S. 1826, entitled "an act to appropriate lands for the support of schools in certain townships and fractional townships, not before provided for," and any other act or acts which may be passed, and take proper measures to secure an immediate location of such (a) Repealed, by 67th section of this collection. (b) Superseded fey 67th and 68th sections. It provided for the appoint- ment and salary, &c., of the superintendent. 27 lands, and all others that the state, or any portion of the state, may be entitled to; and, to this end, he shall be authorized to make such arrangements with the officers of the general government, as the interest of the several townships requires. That to enable said superintendent to procure the information afore- said, it shall be his duty to address circulars to such officers as can with the least trouble furnish the same; and it shall be the duty of the county auditors, town- ship clerks, and different school officers, to furnish such information as may be required. 40. Sec. sliii. That he shall furnish to the dif- Same subject. ferent school officers forms for keeping their accounts and proceedings, and making returns, which shall be distributed by the township clerks to the different district clerks, in their respective townships; and he shall also furnish forms for the teachers to observe in keeping their journals or register; and, on the 15th day of December, annually, deliver to the auditor of state an accurate enumeration, taken from the returns See 5ist sec. so to be made to him, as aforesaid, of all the white children between the age of four and twenty years, showing the number in each county entitled to re- ceive portions of the different school funds; and the state auditor shall make the apportionment of the different school funds, on the basis of the enumera- tion so returned to him by said superintendent; and that it shall be the duty of said superintendent to take an account of all funds and property given in any way for the support of education, except char- tered colleges, and report the condition of the same, annually, to the legislature; and, for this purpose, he is authorized to examine books and papers of any trustee or trustees of such property, and where, in his opinion, waste is committed, or about to be com- mitted, either by misuser or nonuser, he may report the same to the prosecuting attorney of the county; 28 Trusts, &c., for school pur- poses, how en- forced, &c. Suits by and a- gainst districts, and such prosecuting attorney is hereby required to cause the proper investigation in the premises by bill in chancery, filed in the court of common pleas or supreme court, in the name of the state of Ohio, against such trustee or trustees, or other persons guilty of misuser or nonuser; and such proceedings shall be had by injunction, decree or otherwise, as shall prevent misuser of such property, and carry into effect, as near as may be, the object of the trust. And it shall be the duty of all persons who have re- ceived, or shall receive, property for the purposes of education, other than incorporated colleges, to report the same to the said superintendent, and, annually, thereafter, to report the receipts and disbursements on account thereof; that the said superintendent shall have furnished, at the expense of the state, a suitable room for an office, and all such books and stationery as may be required for the business of his department, and shall be allowed to employ a clerk, when the business of his office requires it. Sec. xliv. (a) 41. Sec. xlv. That all suits, brought in behalf of any school district, shall be brought in the name of the state of Ohio, for the use of such district; and when any suit in behalf of, or against any district, shall be entered in the court of common pleas or su- preme court of any county in this state, whether an original suit, or entered by way of appeal, or cer- tiorari, the posecuting attorney of such county shall attend to the prosecution or defence thereof, in behalf of such district, as a part of his official duties; and in all suits against any district, leaving an attested copy of the process with the district clerk, shall be con- sidered as sufficient service thereof. In all cases in which a district is interested, it shall be the duty (o) Temporary. It directed the publication of the "Ohio Common School Director," for one yeafl 29 of the court, which renders judgment, to determine whether the district shall pay the whole or any part of the costs of such suit, and to render judgment ac- cordingly. 42. Sec. xlvi. That the act to provide for the ^/v!stS'i9. support and better regulation of common schools, passed March 12, 1836, and the act to create the office of superintendent of common schools, and to prescribe the duties of such officer, and all other acts or parts of acts, coming within the purview of this act, be and the same are hereby repealed; provided, Saving, &c. that the acts done, obligations incurred, and rights acquired, under the provisions of any former law, shall remain, and be in no wise altered or affected by this act. 43. Sec. xlvii. This act to take effect and be in When preced- force from and after the first day of April next: pro- feet, &c. vided, that all district officers now in office, under the law of March 12, 1836, shall continue to discharge the duties of their said offices until the third Friday of September next. An act to amend an act entitled "An act for the support and better regulation of common schools, and to create permanently the office of superintendent." [Passed March 16, 1839. Took effect, April 1, 1839. Col. Stat.. 840.] 44. Sec. i. Be it enacted hy the General Assembly County com- ^ ^ ^ . . missioners may of the State of Ohio, That the county commissioners reduce school of any county, at their discretion, may reduce the ^^^' school tax to be levied and collected in their respec- tive counties, as provided for in the second section of the law to which this is an amendment, to any sum Ante. p. a. not less than one mill on the dollar; and in all cases where any county commissioners shall order such reduction of school tax on or before the first Monday of June, the county auditor, in making out his dupli- cate for that year, shall be governed thereby. 30 Directors may 45. Sec. II. That where there shall not be suffi- rooms,andlevy cient school house or school houses for the accommo- speciaitax,&c. ^^^^^^ ^f t^g schools in any school district, it shall be the duty of the school directors in any such district to rent a room or rooms sufficient for the purpose of teaching the proper number of scholars; and they shall levy, and cause to be collected, a tax on the property in the district subject to school tax, to pay such rent, in the same manner as other district school taxes are collected. Partofi9ih 46. Sec. III. That SO much of the twentieth sec- coUection^re^^ tion of the act, to which this is an amendment, as pealed; provides that when the delinquent district tax shall not exceed twenty dollars, the same shall be paid by the county treasurer out of the treasury before it is collected, be and the same is hereby repealed. —And part of 47. Sec. IV. That the two provisions [provisos] 16th section; „, , . ^i i-li-- of the seventeenth section oi the act to which this is an amendment, be and the same are hereby repealed. —And part of 48. Sec. V. That SO much of said act as requires 8th section. ■ , ^^ ^ 1-1 that any branches of education shall be taught m the English language, be and the same is hereby repealed. Language and 49. Sec. VI. That the directors shall have power branches to be , . i i i i i ^ taught. to determine what branches and language or lan- guages shall be taught in their several districts, pro- vided the branches taught shall be such as are gen- erally taught in common schools. In what cases 50. Sec. VII. That whenever the public school and account^^ funds are insufficient to support the schools as long as thereof. ^*^''°" ^^^ directors desire to have the same taught in any one year, the residue thereof, if not raised by volun- tary subscription, shall be paid by those sending scholars to such school in proportion to the number of scholars respectively sent to such school, and the time they shall attend the same. And it shall be the duty of the teacher to keep an accurate account of the number of scholars in attendance, as provided by 31 ■ the eleventh section of the law to which this is an amendment, with the names of the parent or guardian of each scholar; and such account kept in a book for that purpose, when sworn to by the teacher, shall be prima facie evidence of such attendance; and the book in which such account shall be kept, shall be retained by the clerk of the district as the property thereof. And if the accounts charged to the several individuals are not paid voluntarily, the treasurer of such district shall collect, or cause to be collected, the several sums charged to the several individuals, as herein provided, in the same way that other district tax is collected, and shall receive the same compen- sation therefor; provided, that no youth shall, on any pretence, be refused admittance into the district schools within their proper districts, on account of their own or parents' inability to pay their portion of such tuition fee; but all such shall be admitted into such schools without charge, so long as any portion of the public money is expending therein. 61. Sec. viii. That all white youth, over four and What children , , , r 1111 1 • received into under twenty one years oi age, shall have equal priv- schools, and ileges in all the common schools in this state, any ^"'i™^'"**^"- other law or laws to the contrary notwithstanding; and hereafter the enumeration shall be taken of all white youth, between four and and twenty one years of age, not including such as are attending academies or colleges of the district in which is their home or permanent residence; and the directors of any school district shall be authorized, at their discretion, to ad- mit persons over twenty one years of age, as well as youths not residing in said district, on payment of such sum as said directors may prescribe. 52. Sec. ix. That it shall be the duty of township ;vhat moneys treasurers to collect all moneys belonging to the sev- u°rr"t5'suf for eral districts and parts of districts within their respec- ^nd collect, live townships, whether due from former district 32 treasurers, or from any other person or persons, (ex- cept ground rents;) and he is authorized to bring an action of debt for all such moneys, against the person or persons holding the same, in the name of the state of Ohio, before any justice of the peace or court of competent jurisdiction, and prosecute the same to judgment and execution; and such money, when col- lected, shall be paid out to the proper district as other tuition money. Township 53, Sec. s. That where districts are composed of clerk'sjurisdic- . ^. tion in certain parts of two or more incorporated townships, the ' township clerk of that township in which the school house of such district is located, shall exercise the same jurisdiction as if the district was all within his township; and if the school house be placed on the line, or if there be no school house in the district, the county auditor shall direct which township clerk shall perform the duties of township superintendent within the same. —His bond. 54. Sec. xi. That before any township clerk shall attempt to perform the duties assigned to the board of directors within any district, he shall execute a bond as district treasurer for such district, in the same manner as district treasurers are required to do, to the satisfaction of the township treasurer, which bond shall be deposited with the township treasurer. Duty of county 55. Sec. xii. That before any county auditor shall rngover^monev V^J ^^^^' ^^ ^^J township treasurer any sum of mo- to township ney, such treasurer shall furnish the auditor with a treasurer. •' ' certificate of the township clerk that such treasurer has executed a bond as provided by the law, to which this is an amendment; and auditors shall in no case permit township treasurers to have in their hands, at any one time, an amount of school funds over one half of the amount of the penalty in such bond. niap"thereof of ^^' ^^'^' ^'"' That in all cases where trustees of ed^aslegal^&,c! ^ownships have, within the year one thousand eight 33 hundred and thirty eight, estabhshed or laid out the several school districts within their respective town- ships, and returned to the proper county auditor a map or plat of such districts, by numbers and bounda- ries, the numbers and boundaries of such school dis- tricts, as they are laid down on the map or plat so returned, shall be deemed and taken to be the legal numbers and boundaries; and all persons and districts shall be bound thereby until the trustees shall alter the same according to the provisions of the sixth sec- tion of the act to which this is an amendment; provi- ^'^^''^^"1" °^ ded^ that the trustees of the township shall in no case trustees. malce any alterations in any school district^ iinless a majority of the resident householders in such district shall signify (heir assent thereto, in loriting. (a) And Schoolfunds to any school district that has heretofore been deprived fuHenumera- •' . , ^ tion made by of its just proportion of school funds, on account of its districts here- , . , , , tofore delin- omcers havmg neglected to niake proper returns oi quent. the youth in said district, shall be entitled to receive the same whenever such district shall make a full and complete return of the youth in such district; provi- j^J^^^'f^® ^f-^ ded, also, that the trustees of any incorporated town- O'J'-B ship in this state that has not already been divided into school districts may, at any time previous to the first day of August next, (b) divide their respective townships into school districts, according to the pro- visions of the act to which this is an amendment, hav- ing first given twenty days notice, by advertisement posted up in three of the most public places of the township, of the time and place of their meeting. 57. Sec. xiv. That it shall not be lawful for any District tax vo township clerk, under the provisions of the twenty ceed two miUs sixth section of the act to which this is an amend- °" "'^ ^°'''^'^' ment, to estimate an amount of school fund, to be («) The words in italic repealed bj^ct of 1842. See section 88 of th^< collection. :. -; - (6) Extended, by 69th section of '^is collection, to January 1, 1842. 3 34 voted for in his township, (over and above the sums provided for by this act,) greater than two mills on the dollar on the grand levy; and if any township clerk shall estimate an amount of school fund, so re- quired to be raised in his township, at a greater sum than two mills on the dollar, and the vote taken on the first Monday of April shall decide in favor of such sum, the county auditor shall assess and cause to be collected, under the provisions of said section, two mills only in addition to the sums provided for by the act to which this is an amendment; provided, that any sum less than two mills on the dollar may be es- timated, voted, and collected, under the said twenty sixth section, for school purposes. Loans to pur- 58. Sec. xv. That the voters in any school dis- chase site and • > n i , r ^ build school trict shall have power to vote lor borrowmg any sum to"pay'interesu ^f money for the erection of a school house or school houses, in the same way that they have power to vote for levying taxes for building school houses, and the school directors of any district are hereby authorized and empowered to borrow any such sum or sums of money as shall have been voted for by such district for the purchase of lots and erection of school houses within their limits; and all debts and loans so con- tracted by them for this purpose shall be good and valid in law against such district; and a tax shall be levied by such directors on the property of such dis- trict, annually, to pay the interest on such loan or loans, and also to pay the principal of such loan in such instalments, and at such times, not exceeding ten years, as the voters of said district shall have designa- ted; provided, that no loan shall be made at a greater interest than seven per centum, nor to exceed a sum whose interest shall exceed one mill on the dollar, on the valuation of property within such district, subject to school tax, as the same is entered on the county duplicate. S5 59. Sec. xvi. That in all districts, composed in Evening whole or in part of an incorporated town, city, or ^'^ borough, it shall be the duty of the directors to pro- vide a suitable number of evening common schools for the instruction of such male youth over twelve years of age as are prevented by their daily avocation from attending day schools; which schools shall be subject to such regulations as the directors from time to time may adopt for the government thereof. 60. Sfx. XVII. That whenever the township trus- Township trus- ^ tees may dia- tees shall consider it inexpedient for the township su- pense with vis- ..,,,. , , . itationoftown- perintendent to visit the schools m such township, ship clerk. according to the provisions in the twenty sixth sec- tion of the act to which this is an amendment, it shall be lawful to cause an entry of that fact to be made upon their records, and thereafter the township clerk shall be excused from visiting the schools until request- ed so to do by the trustees of the township; and where His compensa- the trustees consider it expedient that such visitation shall take place, the trustees may allow to the town- ship superintendent a compensation therefor, at their discretion, not exceeding one dollar for each district, for all visitations in any one year. 61. Sec. xviii. That in any district where the di- When youth rectors keep an English school, and do not have the district to a branches taught in German, it shall be lawful for er^schooiTanV youths in such district, who desire to learn in the ^'^J^stment of •' ' school fund in German language, to attend at a district German such case, school ; and the directors of the district where such youth reside, on being satisfied that such youth have actually attended school under some duly qualified teacher, shall give the teachers of the school or schools where such youth attend, an order or orders on the proper township treasurer for the portion of school money that would be coming to such youth from the funds of the proper district; and the same rule shall be adopted and privileges allowed in favor of those 36 wishing to learn the English, who reside in districts where the German language is taught, and so of any other language. Voters at dis- gg. Sec. XIX. That in all elections, all resident tax trict elections. _ ' payers, as well as householders in any district, shall be entitled to a vote. Black and mu- 63. Sfx. xx. That it shall be the duty of the coun- latto persons to i- n be noted on as- ty assessors, when taking a list of taxable property of the county, when he takes in the property of a black or mulatto person, to note the fact opposite to his or her name in the abstracts he makes out for the county auditor. General repeal- 64. Sec. XXI. All acts or parts ofacts contrary to the provisions of this act, or any part thereof, be and the same are hereby repealed. 65. Sec. xxii. This act to be in force from and after the first day of April next. Interest on 66. Sec. xxiii. That the auditor of State shall here- how*cak;ufated ^^^^^ make out the account of interest on all the sev- and paid. gj-^i school funds up to the first day of Januar}', and pay over the interest up to that day, annually, to the proper county treasurers, according to the provisions of the fourth section of the act to which this is an amendment; any thing in any other act contained, to the contrary, notwithstanding; and the fifth section of the act to which this is an amendment is hereby re- pealed. An act to abolish the office of superintendent of common schools. [Passed and took effect, 3Iarch 23, 1840. Col. Stat., 844.] Office of state ^7. Sec. i. Be it enacted by the General Assembly dU^^'nslcTwX ^f ^^'^ ^^^^^ °f ^^"°' '^^^^ ^^® *^^^'^^' eighth section of the act entitled "an act for the support and better reg- ulation of common schools, and to create permanently the office of superintendent of common schools," passed March seven, one thousand eight hundred and thirty eight, be and the same is hereby repealed. 37 68. Sec. ii. That the duties required of the super- —And his du- '■ ^ ties to be per- intendent in said act, shall be performed by the secre- formed by sec- tary of state, who may employ a clerk, at a salary not exceeding four hundred dollars per annum, to per- form the duties necessary to carry into effect the provisions of the common school system; and all re- ports and returns, required by law to be made to said superintendent, shall hereafter be made to the secre- tary of state. An act to amend the act entitled "An act for the support and better reg- ulation of common schools, and to create permanently the office of superintendent," passed March 7, 1838, and the acts amendatory thereto. [Passed and took effect, March 29, 1841. Col. Siat., 844.] 69. Sec. i. Be it enacted by the General Assembly Timeforlaying of the State of Ohio, That in all cases where, in any extend'ed; township in this state, the trustees shall have failed, for any cause, to lay off the whole territory of their respective townships into school districts, according to the statute in such case made and provided, said trustees shall have until the first day of January next in which to do the same. 70. Sec. ii. And in all cases where townships —And parts of have been heretofore districted, according to law, and districted^ ""' in any way or manner, either by one township taking away the territory comprising a part of a district lying in two townships, or in any other way, any part of any township shall have been thrown out of a school district, or deprived of the benefits of a school district, it shall be the duty of the trustees of the township, in which such undistricted territory lies, on or before the first day of January next, to lay off anew such part of the township into school dis- tricts, as shall be necessary to properly include such undistricted territory, and in such a manner as to pre- vent any part of such township from being deprived of the benefit of a school district. 38 —Plats thereof 71. Sec. rii. Whenever the township trustees, in valid. either of the above mentioned cases, shall have pro- ceeded in accordance Vv'ith the provisions of this act, and returned a plat thereof to the county auditor, the same shall have all the validity and legal effect given by law to other plats of school districts. When arts of ^^' ^^^* '^' '^^'^^ ^^® trustees, or a majority of townships may them, in two or more townships, may lay off districts be districted. ^ , . , • 1 i 1 u composed of parts of such townships, when they shall deem it necessary for the accommodation of the inhab- (a) See sec. 53- itants thereof; (a) provided, that no new district shall be so laid off, as is by this section provided, unless a majority of the citizens, residing in the contemplated district, shall have petitioned for the same, and shall have given at least thirty days notice of such applica- tion, by posting up written notices in three of the most public places in each township which may be affected thereby. An act to amend the act entitled "an act for the support and better regulation of common schools, and to create permanently the office of superintendent, passed March 7, 1838. [Passed and took effect, March 7, 1842. 40 v. Stat., 49 ] Term for which 73. Sec. i. Be it enacted by the General Assembly IhMe^deS °f ^'^^ ^^^^^ ^f ^^'^'^' That at the next annual elec- tion for school directors, the electors shall elect one of said directors for the term of one year, one for the term of two years, and one for the term of three years; and at each annual election thereafter, there shall be elected one director, who shall hold his office for the term of three years, and until his successor is elected and qualified; and all vacancies which may occur, in said office, shall be filled for the residue of the term by the appointment of the township clerk, made in writing, and entered on the records of the proceedings of the directors. Clerks of 74. Sec. ii. The clerks of the several school dis- EChool districts •in n 1 \ r- 1 X* iU to take enume- tricts shall, annually, between the nrst and twentietn 3a day of October, take, or cause to be taken, an enu- ''^tion of white . . youth, and re- meration, in writing, of all the white youth in their port to town- shio cl6]*k. respective districts, between four and twenty one years of age, not embracing such as are temporarily within the limits of any district, attending any acade- my or college; but such shall be enumerated in the district in which their legal residence is. And said clerk shall, on or before the first day of November thence next ensuing, deposit with the clerk of the township a fair and accurate copy of said enumera- tion, in writing, so as aforesaid made. 75. Sec. hi. The clerks of the respective town- Clerks oftown- ^ ships to make ships shall, annually, on or before the fifteenth day of returns to county auditor; November, make out and return to the auditors of their proper counties, fair and accurate abstracts of the enumerations of each district, separately, so as aforesaid made; and the auditors of the several coun- ties shall, annually, make a return of the enumeration, —County aud- . . itortomakere- for the counties, to the superintendent, m the same turn, annually, 1 ^ . ^. . -11 to superintend- manner, and at the same time, as is now required by ent. the thirtieth section of the act to which this is an amendment. 76. Sec. iv. The district clerks shall each be al- Districtand township lowed the sum of one dollar for taking and returning clerks' fees. the enumeration aforesaid, to be paid out of any funds in the district treasury; and the township clerks shall each be allowed the same fees as is now provi- ded for by law. 77. Sec. v. The auditor of state shall, annually. Auditor of apportion the common school funds among the differ- nuaily appor- ent counties, upon the enumeration and returns made fu°n"dsr°° to him by the superintendent; and the county auditors shall, annually, apportion the school funds for their —County aud- •' ' ^_^ itors to annual- respective counties, according to the enumeration ly apportion J ... . „ school fund for and returns m their respective offices; and no district counties, which shall have failed to make and return such enumeration, shall be entitled to receive any portion of the common school funds. 40 s^urrrfsSifre- '^^' ^^^^ ""'' ^he towDship treasurers shall retain teacher's°cerU-^ ^ ^°P^' ^^ *^® certificate of qualification of any teach- ficate. er, instead of the original, when such teacher applies for the payment of his services. District and 79. Sec. vii. The district and township clerks, township cl'rlcs , ' ' and county au- and the county auditors, shall be responsible for all ditors responsi- • 1 i t • ble ibr losses, Josses sustained by any district, township, or county, liable to action by reason of any failure on their respective parts, to make and return the enumerations and abstracts thereof, as is hereinbefore provided for; and shall each be liable for the same, in an action of debt, at the suit of the state of Ohio; and the amounts so re- covered, shall be apportioned in the same manner as the school fund would have been to the respective counties, townships or districts, as the case may be. Tax voted by gQ g ^ Where a district is composed of one township ^ not to be ex- ^wo or more townships, the school tax assessed by pended in an- ^ , . "' other. any one of said townships shall be distributed only to such inhabitants of said districts as reside in the town- ship which voted the assessment. State superin- gl. Sec. IX. There shall be prepared, by the su- tendent to pre- _ i r ^ j pare an edition perintendent, an edition of all laws relating to com- et school law, 1 1 • 1 T • ^ r directions and mon schools. With such notes, directions and forms as said superintendent shall deem proper for the instruc- tion and guidance of the various county, township and district officers, in the performance of their res- pective duties under said laws. Si their°^df. 82. Sec. x. The number of copies of said edition tribution. gj.jj^|| 1^^ fixed by the superintendent, and be sufficient to meet the distribution hereinafter directed, and leave a surplus for the supply of new districts, as the same may be established. To be printed 83. Sec. XI. The State printer shall cause said by state prin- . . . 1 i- • r 1 ter. edition to be printed, under the direction of the su- perintendent, in a neat and accurate manner, and shall be allowed, for the same, such price as he is al- lowed for printing the general and local laws of the 41 general assembly, which shall be paid out of the lit- erary fund now on hand. 84. Sec. sii. The superintendent shall cause the JgoodSndS same to be bound in a srood and substantial manner, stantial man- and to be distributed with the laws and journals of the present general assembly. 85. Sec. xiii. Each county auditor, township clerk, ^^ho entitled district clerk, and the board of school examiners, shall be entitled to receive, for the use of their respective offices, one copy of said laws and forms, and they shall transmit the same to their respective successors in office. 86. Sec. xiv. When any original surveyed town- 1^^,^" school ° •' land may he m ship, in which section sixteen has been sold, shall lie two or more '■ . , . counties, how in two or more counties, the auditors of the respective to proceed, counties shall certify to the auditor of that county, in which that portion of said township lies containing said section sixteen, the enumeration of the scholars in that part of said township embraced within their respective counties; and the auditor of said coun- ty, in which said section sixteen is situate, shall ap- portion the fund derived from said section sixteen, to the diffisrent portions of said township, according to said enumeration, and shall certify to the auditors of the other counties the amount belonging to the parts of said township situate in their respective counties, and draw an order in favor of the treasurers of the other counties, on the treasurer of his own county, for the amount going to each; and the aud- itors of the respective counties shall apportion the same among the districts in their respective counties, to which the same belongs. 87. Sec. xv. The interest on the purchase money Interestonpur- , . . 11- . chase money, on any such section sixteen, belonging to any on- to whom paid, ginal surveyed township, so as aforesaid lying in two or more counties, shall be paid over on the order of the auditor of that county in which such section six- 42 Trustees may alter school dis- trict. teen is embraced, to the treasurer of the same coun- ty, to be apportioned as is pointed out in the last pre- ceding section. 88. Sec. xvi. That so much of the law now in force as prohibits the trustees of townships from ma- king any alteration in any school district, unless a ma- jority of the residents, householders therein, shall assent thereto, in writing, be and the same is here- by repealed. nSTi heTZ 89. Sec. xvii. That each and every lot and parcel on execution. Qf |j^j^(j vvhich heretofore has been, or hereafter shall be appropriated, for the use of a common school in this state on which there has been or shall be a school house erected, and which has been or shall be occupi- ed for the purpose of accommodating a common school, from time to time, in the usual manner, how- soever, or by whomsoever the legal title to the same may be held and vested, be and the same is hereby exempted from sale, on any execution, or other writ or order, in the nature of an execution, from and after the taking effect of this act; provided, that the lot of land so exempted, if situated without the bounds of any city or recorded town plat, shall not exceed two acres, and if situated within any city or recorded town plat, shall not exceed one acre; provided, also, that if the boundaries of the parcel of land exempt, as aforesaid, be uncertain, the school directors, or other person or officer having charge or management of the school house thereon, shall, at the request of the officer holding the execution or order of sale, cause such appropriated and hereby exempt parcel, or lot of land, to be surveyed, and the boundaries to be ascertained. School tax, ^0* S^*^* xvni. That whenever the directors of when payable, r^^y school district shall hereafter levy a tax, under the provisions of the seventeenth section of the act to which this is an amendment, they shall, at the same 43 time, prescribe the period within which the said tax shall become due and payable to the district treasurer, provided that the time allowed for that purpose shall not be less than thirty days. 91. Sec. xix. That any two school directors in SrSofo?^ the same school district in this state, shall constitute ^. quorum, and _ ' give orders tor a quorum for the transaction of business, and shall be money, authorized to give all orders for money which school directors are authorized to give; any thing in the act to which this is an amendment, to the contrary, not- withstanding. 92. Sec. xx. That section eighteen, of the act to Youths may ,.,,.. I , , , . , attend German which this IS an amendment, be and the same is here- school out of by so amended, that youths, who may desire to be taught in the German language, may attend a school taught in such language, out of their own district, whether an English school be taught in their district or not. 93. Sec. xxi. That the trustees of townships shall ^easurert be authorized to allow the township treasurer a sum commission on not exceeding one per cent, of the amount of school funds disbursed by him, to be paid, on their order, out of the township treasury, as a compensation for his services under the school law. 94. Sec. xxii. All acts and parts of acts incon- ^^Sm '"^ sistent with, or contrary to, the provisions of this act be and the same are hereby repealed. RUFUS P SPALDING, Speaker of the House of Representatives. JAMES J. FARAN, Speaker of the Senate. March 7, 1 842. 44 SCHOOL FUND Section 1. Fund established, &c.' — Auditor of state the superintendent; 2. — And how to keep account of funds from sale of school lands; — irreducible; 3. — Rate of interest, and account thereof; — pledge for its payment; — its appro- priation; 4. — Order therefor and payment; — receipt, &c.; — distribution. 5. Donations and bequests to vest in common school fund, &c. 6. General fund established; — of what to consist; — state pledged for the interest; interest funded until 1835; — how distributed afterwards. 7. School fund to be paid over to canal fund commissioners; 8. — And interest then charged, &c. 9. 10. Principal, how applied. 11. Acts repealed. — Saving, &c. An act to establish a fund for the support of common schools. [Passed March 2, 1831. Took effect, June 1, 1831. Col. Stat., 9,19.1 Fund estab- ^ • ^^•^* ^* ^^ ^^ enacted by the General Assembly of hshed, &c. ^/,g ^i^i^q gf QMo, That there is hereby constituted and established a fund, to be designated by the name of "the common school fund;" the income of which shall be appropriated to the support of common schools in the state of Ohio, in such manner as shall Auditor of be pointed out by law; of which fund the auditor of ^^^endenf"^^^' ^tate shall be the superintendent, until otherwise di- rected by law. —And how to 2. Sec. II. That whenever, and so often, as any funSsTom"^^^ moneys shall be paid into the state treasury, arising sale of school from the sale of any lands which heretofore have been, or hereafter may be, appropriated by congress, for the use or support of schools in any original surveyed township, or other district of country, in this state, the auditor of state shall forthwith open an account, in a book or books to be provided for that purpose, 45 and shall pass the said moneys to the credit of such township, or other district of country; which said money shall constitute an irreducible fund, the pro- —Irreducible; ceeds accruing from which, shall be paid over and ap- propriated, in the manner which shall be pointed out by law, for the support of common schools within the township, or other district of country, to and for which such land was originally appropriated, and for no other use or purpose whatever. 3. Sec. hi. That all moneys paid into the state -Rateofinter- •' ^ est, and ac- treasury as aforesaid, shall bear an annual interest of count thereof. six per centum ; which interest shall be cast from the time of the payment of any principal sum, up to the first day of January, next succeeding such payment, and on the first day of January, annually, thereafter; and where the same has not been done, the auditor of state shall, in a book or books to be provided for ihat purpose, open an interest account with every town- ship, or other district of country, to which a credit in the irreducible fund aforesaid shall have been passed; and he shall, in such book or books, keep accurate ac- counts of the accrual and disbursement of all interest accruing from such fund, so as aforesaid belonging to any township or district of country; and the faith of _piedge for its the state of Ohio is hereby pledged for the annual pay- p^J""^"^' ment of the interest aforesaid, to the person who, and in the manner which, shall be pointed out by law; which said interest shall be appropriated and expended —Its appropri- for the support and maintenance of common schools within the township, or other district of country, en- titled as aforesaid to the same. 4. Sec. iv. That for the payment of any interest —Order there- that shall have accrued, and be payable to and for any mem" ^^^' township, or other district of country as aforesaid, the county auditor of the proper county shall, annually, on or after the first day of January, draw an order on the treasurer of state, in favor of the treasurer of the 46 proper county, for the interest which shall be payable in such county; and upon such order being presented to the auditor of state, he shall thereupon certify an abstract of the amount of interest payable to each township, or other district of country, in such county; —Receipt, &c.; and, thereupon, on presentation of said order, the treasurer of state shall pay the amount of interest appearing by said abstract to be due; and the said county treasurer, or the person presenting said order for him, shall indorse on said order a receipt for so much as shall be paid thereon, and shall also sign a duplicate receipt, which shall be lodged with the aud- itor of state, who shall credit the state treasurer there- with, and charge the several items constituting the aggregate of such abstract, to the proper township, —Distribution ^^ Other district of country; and the money so drawn, shall be paid out by the county treasurer, on the order of the county auditor, in the proportions established by law, to the proper person or persons in each school district authorized to receive the same. And in all cases in which a county line shall divide any original surveyed township, or fractional part thereof, the in- terest, payable in such township, shall be received and disbursed in manner aforesaid, by the treasurer of the county wherein the greatest quantity of land belong- ing to such township shall be situate; but if it be un- certain in which county the greatest quantity of land in such township be situate, then the said interest shall be received and disbursed by the treasurer of the oldest county in which any part of such township shall be situated. 5. Sec. v. That whenever any donation or devise bequestTto ^°^ ^hall be made, by gift, grant, last will and testament, monschod' *^^ ^^ ^^y Other manner whatever, of any estate, fund, «&c. either real, personal or mixed, to the state of Ohio, or to any person, or otherwise, in trust for the said common school fund, by any individual, body politic or corpo- 47 rate, the same shall be vested in said common school fund; and whenever the moneys arising from such gift, grant or devise, shall be paid into the state treas- ury, the proper accounts thereof shall be kept, and the interest accruing therefrom shall be appropriated according to the intent and design of such donor, grantor or devisor. 6. Sec. VI. That there shall be constituted a fund General fund for the support of common schools, which shall belong, in common, to the people of this state; which shall —Of what to consist of the net amount of the money which here- ' tofore has been, or hereafter may be, paid into the state treasury, from the sales of the lands commonly called the salt lands, and such donations, legacies and devises, as may be made to such fund, or to any per- son or persons, in trust for the same. «\.nd the state of Ohio is hereby pledged to pay the interest, annu- —State pledged 11 J n r u- K u 11 u for the interest: ally, on any and all sums oi money which shall have been, or may hereafter be, paid into such treasury, from the passage of this act, or the receipt of such money into the treasury aforesaid; and the interest —interest arising as aforesaid, shall be funded annually, until the 1335? ^ first day of January, in the year eighteen hundred and thirty five; after which time the said interest shall be annually distributed to the several counties in this state, in proportion to the number of white male in- habitants above the age of twenty one years, as by law shall be ascertained, for the apportionment of representatives; and the proportion of interest, due _How distrib- to each and every such county, shall be distributed ^ards"/^^'^' for the support of common schools, in the respective counties, in the manner prescribed in the act to pro- vide for the support and better regulation of common schools. 7. Sec. vii. That the auditor of state shall give School fund to , , be paid over to notice, m writing, once m every two months, to the canal fund c .-i 1 /• J r . 1 . r iU commissioners; commissioners 01 the canal lund, 01 the amount 01 the 48 capital belonging to the common school fund, that may be in the state treasury, arising from the sale of lands, granted by congress to the state of Ohio, for the use of common schools, agreeably to the several acts that have been, or may be passed, providing for the sale of such lands; and said money shall be paid out of the treasury, on the order of the commissioners of the canal fund, upon the terms specified in this act. —And interest 8. Sec. viii. That the auditor of state shall open &c. '^ ^^ ' proper accounts, in the books provided in his office for the accounts of the common school fund, in which he shall charge the canal fund with every draft which the said commissioners shall draw upon the common school fund, as authorized in the preceding section of this act. The said auditor shall charge interest, from the date thereof, on each and every draft so drawn, at the rate of six per centum yearly; which interest shall be payable on the first day of January in each year, out of the funds provided by law for the pay- ment of interest on the canal debt. And when he shall have given notice to the commissioners, of a sum in the treasury, as directed in a preceding section of this act, he shall charge interest on such sum; which interest shall commence at the expiration of ten days after he shall have transmitted notice, provided that the draft of the said commissioners be not sooner presented. Principal, how ; 9. Sec. IX. That until the canals now authorized app le . i^y 1^^ gj^^jl l^g completed, all moneys belonging to the common school fund, made liable by this act to be drawn from the treasury, shall be applied by the com- missioners of the canal fund to defray the expenses of constructing said canal, as other loans for that pur- pose are, and have been applied. 10. Sec. x. That all moneys of the school fund, drawn as aforesaid from the treasury, and remaining unexpended after the said canals shall be finished, and Same subject. 49 also all moneys of said fund afterwards drawn in the same manner, shall be considered as a part of the sinking fund for the redemption of the debt of this state, incurred under the provisions of the "act to pro- See Col. Stat., vide for the internal improvement of the state of Ohio '^ by navigable canals," passed on the fourth day of Feb- ruary, eighteen hundred and twenty five, and the act supplementary thereto, passed on the eighteenth day 24 v. Stat., 14. of January, eighteen hundred and twenty six. And the commissioners of the canal fund shall be, and they are hereby, authorized to manage the same to the best advantage, in such ways as their judgment and knowl- edge shall direct, for the improvement of said sinking fund, and for its application towards the redemption of the debt aforesaid; and of their proceedings under this act, they shall give account in their annual report to the general assembly. 11. Sec. XI. That the act entitled "an act to es- Acts repealed: tablish a fund for the support of common schools," Chase, 1565. passed January thirtieth, eighteen hundred and twen- ty seven, and "an act in addition to 'an act to estab- Chase, 1658. lish a fund for the support of common schools,' " pass- ed February eighteenth, eighteen hundred and thirty, be and the same are hereby repealed; provided, that Saving, &c. the repeal of said acts shall not affect any rights ac- quired, or obligations incurred, under any of their provisions. This act to take effect and be in force from and after the first day of June next. 50 SALE OF SECTION SIXTEEN. Section 1. Duty of the county assessor. — To provide a book and take the votes of the inhabitants. — Time and manner of proceeding. — Voters to sign their names. — Provision when a county line divides a township. — Form. — Book to be given to the county auditor. — County assessor to give notice. 2. How disposed of 3. Votes may be contested. — Proviso directing the proceeding on contest of votes. — County auditor and two associate judges to determine the contest. 4. When no vote taken or tlie vote fails, tiie citizens may petition the county auditor for a vote to be taken. 5. State auditor to report to the legislature, annually. — Proceedings on report. — Proviso when section lies in two counties. 6. County assessor to value land and improvements after sale. — Which valuation shall be returned to the auditor of state. 7. Duty of county auditor on sale of land not leased. — Land to sell for the amount of the appraisement. — Conditions of payment. 8. Lands not sold at public sale may be sold by county auditor at private sale. — Proviso if two or more persons apply for the same tract. 9. Manner of making payment after sale. 10. County auditor to keep a book of sales. — Also to keep a day book and ledger for accounts. — County auditor to report to state auditor quarterly. 11. County treasurer to keep an account of moneys received, and report quarterly to the auditor of state. — To pay over to state treasurer annually. 12. County auditor, on sale, to give purchaser a certificate, stating the terms of sale. 13. Purchaser failing to pay instalments, county auditor to sell the land. — Proviso as to the conditions of sale. — Surplus to be paid to original purchaser. — Pro- ceeding when purchaser fails to pay. 14. On completing the payments, auditor to issue a final certificate. — Duty of the auditor of state. — Deed to be signed by the Governor. &c. 15. Compensation. — Assessor's compensation. — County auditor's compensation. — County treasurer's compensation. An act to provide for the sale of section sixteen, granted by Congresa for the use of schools. [Passed and took effect, January 29, 1827. 25 v. Stat. 56.] Duty of the 1 , Sec. i. Be it enacted by the General Assembly of Bor. the State of Ohio, That it shall be the duty of the assessor of each county, in which there shall be situ- 51 ate an original surveyed township, or fractional part thereof, to which section sixteen, or fractional part thereof, or other section, or fractional part thereof, may belong, whether the land belonging to such original surveyed township, or fractional part thereof, be situate within such county or elsewhere, before he commences the duties of his office, on the first day of April next, to provide himself with a suitable book, Ifo°oif'^°nd^^jjl in which he shall take the votes of all the w^hite male the votes of the mhabitants. inhabitants, over the age of twenty one years, residing in the bounds of such original surveyed township, or fractional part thereof, which shall have at least the number of twenty of such inhabitants residing there- in, and who shall have resided therein for twelve months next preceding the fiist day of April, afore- said, whether such white male inhabitants be or be not citizens of the United States; and it shall further be the duty of said assessor, between the first day of April and the twenty fifth day of May next, to call Time and man- ^ J J J ' ner ot procetd- upon all the white male inhabitants, residing as afore- ing- said, and request any such inhabitant to give his yote for or against a sale of the school land belonging to such original surveyed township, or fractional part thereof, bv siffnins; his name under the head of the Voters to sign ^ J o o ^ ^ xixeiT names. proper township, or fractional part thereof, and in the proper column; and if such inhabitant be unable to write, the assessor shall write the name of such in- habitant, to which he shall affix his mark of approba- tion: and in all cases where a county line shall divide Provision when _ _ _ •' _ a county nne an original surveyed township, or fractional part divides a town- thereof, the assessor of the county wherein the great- est quantity of land, belonging to such township or fractional part thereof, shall be situate, shall take the vote therein; but if it be uncertain in which county the greatest quantity of land be situate, then the as- sessor of the oldest county in which any part thereof be situate, shall take the vote therein; which said ship. 52 vote shall be entered in said book by said assessor, in form following, as near as circumstances will permit, viz — Form. The votes of the white male inhabitants, over the age of twenty one years, residing within the bounds of original surveyed township (or fractional part of township) number — , in range — , in the county of , (there being twenty of said inhabitants within the same) for and against the sale of lands, granted by congress for the use of schools, within the same, viz — Names of those who vote in favor I Names of those who vote against of a sale. | a sale. Book to be gi- Which said list of votes, so taken as aforesaid, the county auditor, said assessor shall deliver to the county auditor of his county, on the first Monday of June next, after tak- County asses- ing the same ; and it shall be the duty of the county SOT ogive no- g^ggggg^j.^ ^|. least three weeks previous to entering on the duties assigned him in the preceding part of this section, to give notice by advertisement, set up in the different townships in his county, stating that he will attend between the first day of April and the twenty fifth day of May next, for the purpose of taking the vote of the inhabitants for or against the sale of sec- tion sixteen in said townships. How disposed 2. Sec. ii. That said county auditor shall preserve ^' the book of votes returned by the assessor, as afore- said, in his office, and the same shall at all times be open for the inspection of the inhabitants of said coun- ty. And it shall be lawful for any inhabitant of any such township, or fractional part of a township, who shall have a right to vote, agreeably to the provisions of the first section of this act, but who shall not have voted as therein provided, to vote under the inspec- tion of said auditor, by writing his name in said book, under the head of the proper township, or fractional part thereof, and in the proper column, and said book 53 shall remain open to receive votes as aforesaid, until the third Tuesday of October next, after depositing the same. 3. Sec. hi. That any inhabitant of any such tov^^n- Votes may be ship, or fractional part thereof, who shall have voted as herein before provided, may contest the right of any other person or persons who may have voted as aforesaid, within the same township, or part of town- ship as aforesaid, and may take the testimony of witnesses, before any justice of the peace in such county, relative to such contest; provided, that if the Proviso direct- •' ' _ _ ^ _ ing the proceed- person whose right to vote is contested shall continue ing on contest . . of votes. to reside in such township, or fractional part thereof, at least five days notice shall be given him in writing, of the time and place where testimony will be taken; and the person whose right to vote is contested, as well as any other inhabitant who may have signed the list of votes in such township, or fractional part thereof, may in like manner take testimony, by giving one days notice thereof to the contestor; and for this purpose the justice, before whom testimoi^ is intended to be taken, may, at the request of the party who wishes the same, summon witnesses to attend as in case of taking depositions; and after the testimony relative to such contest shall have been reduced to writing, the justice taking the same shall enclose the same under seal, direct it to the county auditor of such county, and deliver it to the party at whose request the same shall have been taken, who shall deliver the same to the county auditor on or before the first Tuesday of November next, after taking the same. And the said county auditor shall call to his County audit- or and two as- assistance two associate judges of such county, or sodate judges f. , /. 1 -TTT "^o determine two justices 01 the peace, or one of each, on Wed- tiie contest. nesday next after said first Tuesday of November aforesaid, which said county auditor, and judges and justices, shall, at the seat of justice in said coun- 54 ty, at the time last aforesaid, hear and determine all such contests, and their decision thereon shall be con- clusive; and they shall then and there proceed to and strike from the list of votes given in any town- ship, or fractional part thereof, any vote decided by them to have been improperly given, and shall then count the number of legal votes given in favor of selling the school lands belonging to such tow^nship, or fractional part thereof, and also the number of legal votes given against selling the same; and shall thus proceed with the votes given in each and every ori- ginal surveyed township, or fractional part thereof, in such county, until the whole be counted; and they shall then make a certificate, therein distinctly stating the number of votes given in each of said original surveyed townships, or fractional parts thereof, for the sale of the school lands belonging to the same, and also the votes given against selling the same; which list shall be by them signed, and by the said auditor preserved in his office, of which said certifi- cat^the said auditor shall make duplicate copies, one of which he shall forthwith forward by mail to the auditor of state, and the other he shall forward to said auditor by one of the senators or representatives of his county. When no vote 4. Sec. iv. That where no vote of the inhabitants vote fails, the of any Original surveyed township, or fractional part petft'ion t'he^ thereof, shall be taken as herein provided, or where for"fvot'e''ui^be the vote SO taken shall be against selling the school taken. lands belonging to such township, or fractional part thereof, it shall be lawful for any inhabitant of such township, or fractional part thereof, in the mon+h of March, of any year after the year eighteen hundred and twenty seven, if there shall then be twenty white male inhabitants above the age of twenty one years residing therein, to present a petition to the county auditor, signed by at least twelve of said inhabitants, 55 praying that a vote of said inhabitants may be taken for and against a sale of the school lands belonging ih such township, or fractional part thereof; and it shall be the duty of such county auditor to order the as- sessor of such county to take the vote of such town- ship, and the vote of such township shall be taken, counted and certified, in the manner prescribed in the preceding sections of this act. 5. Sec. v. That the auditor of state shall report fg^pj't'^'tf S*" to the legislature, annually, on the first Monday of J^^s^^j^^ure an- December, a statement of the votes given in every such township, or fractional part thereof, for and against a sale of any such section, or part thereof, belonging to the same, and also a summary statement of all lands whereof a valuation made by the assessor of the proper county, hath been returned; and any such section, or part thereof, belonging to any such township, or fractional part thereof, in which the as- sent for a sale shall have been given, shall be offered for sale in such year as the legislature may direct, by joint resolution or otherwise; and in all cases vmere Proceedings on the legislature shall direct a sale of any section six- teen, or part thereof, or other section, or part in lieu thereof, the auditor of state shall direct the auditor of the county where such section, or part thereof,- shall be situate, to proceed to sell the same according to the provisions of this act; provided, that if any such Proviso when • 1 T • 1 1 1^ 1 • 1 1 • r I section lies m section be divided by a county Ime, the auditor oi the two counties. county where the greatest part thereof be situate, shall have the right of selling the whole; and if an equal quantity be situate in two or more counties, the right of selling the same shall be vested in the auditor of the oldest of the said counties. Sec. VI. (a) Sec. vii. (a) (a) Sections 6 and 7 are repealed by act of March 16, 1838. See general laws of Ohio, vol. 36, page 63. 56 STS value ^" ^' ^^^' '^"^* That whenever a sale shall have been land and im- directed of any section sixteen, or fractional part provements af- *^ ' r ter sale, thereof, or any part of the same, which shall not have been leased, or the lease of which shall expire within one year next after such order of sale, the auditor of state shall furnish the county auditor of the proper county with a list of all such lands, with instructions that such county auditor cause the assessor of such county, between the first day of April and the twen- ty fifth day of May next thereafter, to make a true valuation thereof, in money, taking into consideration all the local advantages thereof, and including all im- provements thereon; and such assessor shall enter in a book, to be provided for that purpose, the value of the east half and the west half of each quarter section, separately, and also the value, separately, of any smaller subdivision of any section, also any town lot or subdivision thereof; giving a proper and suitable description by range, township, section, half quarter, or other subdivision thereof, as the case may require; Which vaiua- and such assessor shall also note whether the same turned^ to'^the ^^ improved or unimproved, and shall return the valua- tuditor of state ^Jq^ gQ made to the auditor of the proper county, who shall preserve the same in his oflSce, and make a true £opy thereof, and forward such copy to the aud- itor of state, by the messenger of said state auditor, who shall be employed to collect the duplicates of taxes of the current year. Duty of county ^' ^^^* ^^' That where the auditor of state shall ^ff^^°I ''" ^^^^ direct any county auditor to sell the whole, or any leased. part of section sixteen, or other section, or part there- of, granted in lieu thereof, which shall not have been leased, or the lease of which shall expire within one year, as aforesaid, it shall be the duty of such county auditor, before making any sale thereof, to give sixty days notice, in some newspaper in general circulation within his county, that a sale of school lands will be 57 held at the court house in said county, on a day to be specified in said notice; and it shall be the duty of Land to sell for said county auditor to attend at the court house in the apprake- "^^ such county, on the day named in said notice, and ™®'^^- then and there offer for sale, separately, each piece or parcel of land contained in the order of the auditor of state, and to sell the same to the highest bidder, but no bid shall be received which is less than the appraised value thereof; and said county auditor shall continue said sale from day to day, until every such parcel of land be sold or offered for sale; and the Conditions of purchaser shall pay one fourth part of the purchase p^^™®" • money at the time of such sale, one other fourth part thereof, without interest, annually thereafter, until the whole be paid; but if such purchaser shall fail, forth- with, to pay one fourth part of the amount of any such bid, as aforesaid, after such parcel of land shall have been struck off and sold to such bidder, as afore- said, said county auditor shall forthwith again offer such parcel of land for sale, as if no bid had been made thereon ; and the bid of the person having fail- ed, as last aforesaid, shall not again be received for the same, or any other tract or parcel of land, nor shall such delinquent bidder be permitted to purchase at private sale, as hereinafter provided, the piece of land upon which he failed to make payment, as afore- said. 8. Sec. s. That the said county auditor shall Lands not sold '' . at public sale sell at private sale, any tract or parcel of land which may be sold by shall have been offered for sale, as herein before pro- at private feale. vided, and not sold for want of buyers, to any person or persons who may wish to purchase the same, (ex- cept delinquent bidders, as herein before specified,) at any price not less than the appraised value thereof, as returned by the assessor; provided, that if two Proviso if two or more persons shall apply for the purchase of the ap^y'^^fof ^the same parcel of land at the same time, the county ^'^'"^ ''^^*^'- 58 auditor shall immediately set the same for sale, and shall sell the same to the highest bidder; and, in either case, the purchaser shall pay at the time of such sale, one fourth part of the purchase money, and also one other fourth part of the said purchase money, annu- ally thereafter, until the whole be paid. Manner of ma- 9. Sec. xi. That all payments for lands sold (or after salef™^° rents previously due thereon) under the provisions of this act, until otherwise provided by law, shall be made to the treasury of the county where the pur- chase shall have been made; and, for the purpose of enabling the purchaser to make the same, the county auditor shall give to the person whose duty it shall be to make any such payment, a certificate, specifying on what account such payment is intended to be made, and the amount thereof; and such person shall make such payment accordingly, and take the treasur- er's receipt therefor, which receipt shall be delivered to said county auditor, who shall preserve the same in his office, charge the treasurer therewith, and give the person making such payment a receipt, specify- ing on what account or contract such payment was made. County auditor iQ. Sec. xii. That it shall be the duty of every to keep a book . '' "" of sales, county auditor, who shall make sale of any land as hereinbefore provided, to procure a suitable book, and to enter therein, separately, the sales made in each section, shewing distinctly the date of each sale, the name of the purchaser, the particular part sold, the appraised value thereof, the amount for which the same was sold, the number of instalments into which the purchase money may have been divided, and when and how the same are payable, and whether Also to keep a the same are or are not on interest; and such county ledger °fo^r ^ac- auditor shall likewise procure a suitable day book and counts. ledger, for the purpose of keeping the accounts of all • moneys which may be paid into the county treasury, 5» on account of said school lands, and shall enter there- in, in a fair and regular manner, all payments made to such treasury, on account of rents or interest re- ceived, or payments made of the purchase money of said lands; and it shall be the duty of said county County auditor -to report to auditor, quarterly, on the first day of February, May, state auditor August and November, to make fair and accurate ^^ '^' transcripts of the account of sales of land, as afore- said, and also of the accounts of all moneys paid into the county treasury on account of the same, during such quarter; and the transcripts so made the said county auditor shall forthwith forward by mail to the auditor of state, who shall file the same in his ofiice. 11. Sec. XIII. That any county treasurer having County treasu- , , 1 • • r 1 • , ,, rer to keep an received money under the provisions oi this act, shall account of mo- keep separate accounts thereof, in books to be provi- and^eporf ' ded for that purpose, specifying particularly the time aSditOTofstat^e! when, from whom, and on what account each item was received; and such treasurer shall make fair transcripts of such accounts, on the first day of Feb- ruary, May, August and November, annually, which said transcripts said treasurer shall forward forthwith, by mail, to the auditor of state ; and said county To pay over to treasurers, respectively, shall pay over to the state aimually.^^"'^'^ treasurer, annually, on or before the fifteenth day of January, all money which shall have come into such treasurer's hands, during the preceding year; and in fixing the amount of the bonds which any such coun- ty treasurer shall give, the proper officers shall take into consideration the probable amount of money which will be paid into such treasury, under the pro- visions of this act, and shall enlarge the said bonds so as to secure the same. 12. Sec. xiv. That ^vhen any tractor parcel of County audit- land shall be sold under the provisions of this act, give°purchaser whether such sale be made in consequence of the sur- gtatjn^the*'' render of a permanent lease, or otherwise, the county terms of sale. 60 auditor, making such sale, shall give the purchaser a certificate, specifying the date of the sale, the name of the purchaser, the description of the land sold, the amount of the purchase money, the number of instalments, the amount paid, and when the residue will become due and payable ; that if such payments be made agreeably to law, a deed shall be made, con- veying to the purchaser, or the heirs or assignee of such purchaser, an indefeasible estate of inheritance; and that if any interest or instalment be not paid within one year after the same shall have become due, the said parcel of land shall be sold agreeably to the provisions of this act; and where such certificate is granted upon the surrender of a permanent lease, such certificate shall require the interest on the whole amount of the purchase money to be paid annually. Purchaser fail- 1 3. Sec. xv. That if any purchaser of any lands, ing to pay in- . . . stalments, as hereinbefore provided, shall fail, for one year, to county auditor , ^ . , to sell the land, make payment 01 any mstalment, or any mterest which may have become due and payable thereon, the proper county auditor, (or other officer which may be by law appointed for that purpose,) shall proceed to sell such parcel of land, with all improve- ments thereon, at the court house in said county, to the highest bidder, after having given notice of such sale, by causing an advertisement (containing a des- cription of said land, and stating a day on which said sale will be made, not more than three months from the date of said advertisement,) to be published at least four times in some newspaper in general circu- lation in such county, the first of ,which said publica- tions shall be at least forty days before the day ap- Provisoasto pointed for the sale thereof; provided that no bid of^sa°e! '''°"^ sl^'^^l ^6 received for any sum less than the amount due to the state, including the expenses of sale, and if no person will bid that amount, such parcel of land, together with all money paid thereon, shall be abso- 61 lutely forfeited to the state of Ohio, in trust for the use of the township to which the land belongs; but if such parcel of land shall sell for more than the amount due to the state of Ohio, including the ex- penses of sale, the surplus shall belong to the original purchaser, or the assignee or legal representative of such purchaser, and may be paid over accordingly, pakf toVr*ig^inai if the person entitled thereto be present and willing purchaser. to receive it, otherwise it shall be paid to the county treasury, for such person's use, to be paid over upon the order of the county auditor, and the bidder shall forthwith pay the amount due to the state, and the expenses of sale, into the county treasury, and the surplus, if any, as before mentioned; and if such bid- Proceeding * _ •' / _ when purchaser der fail to make payment, as aforesaid, the said county fails to pay auditor, or other officer, shall forthwith proceed to expose said parcel of land again to sale, as herein be- fore provided. And all lands forfeited to the state, under the provisions of this section, may again be sold in the manner provided in the tenth section of this act, for an amount not less than the value there- of, as returned by the assessor, or than the value spe- cified in the lease where the first sale was made, upon a surrender thereof. 1 4. Sec. XVI. That when the purchaser of any of 9° completing '■ •' the payments, the aforesaid lands, or the legal representatives or as- auditor to issue signee of such purchaser, shall have fully paid for any cate. tract or parcel of land, according to the provisions of this act, the county auditor, or other proper officer, shall give the person entitled thereto, a final certifi- cate, particularly describing the parcel of land so paid for, and the several sums which may have been paid thereon; and upon the presentation of said cer- Duty of the tificate to the auditor of state, he shall make the draft of a deed to the person or persons entitled thereto, which he shall deliver to the governor, accompanied by such final certificate, which said deed shall be 62 Jgned bJ'ihe ^'S^^^ by the governor, sealed by the great seal of governor, &,c. the State of Ohio, and be countersigned and recorded by the secretary of state, and delivered to the person entitled thereto, upon demand; and the auditor of state is hereby required to furnish all the officers whose duty it shall be to perform services under this act, v^rith forms and instructions relative to the per- formance of such duties. Ck)mpen3ation. 15. Sec. xvii. That the several officers required to perform duties under the provisions of this act, shall be entitled to the following compensations: the county assessors shall be paid for all services rendered under this act, out of their respective county treasu- ries, to be included in, and paid with, his general ac- count of services rendered; and such county shall be refunded the sums so advanced, in manner foUow- compen'^tion ^'^S' ^*^' ^^^ taking the votes of the free white male inhabitants, two dollars for every hundred names found upon the book of votes; for appraising any lands which may be ordered by the auditor of state, twenty five cents; for each half quarter section, or smaller subdivision thereof, and for all suitable and necessary books furnished for the several officers, the price paid therefor, the account of which said ad- vances shall be made out and certified by the proper county auditor, and paid out of the first rent or in- terest which shall be received into such treasury, and to be deducted from the dividend due to the several County audit- townships, in due proportion; the county auditor tion.^"™^^"^^' shall be paid by the purchaser, for a certificate of sale and final certificate, each, fifty cents; for a cer- tificate to pay money to the county treasury, or for a receipt, six and one fourth cents; for every sale of delinquent land, to be included in the amount to be paid by the bidder, two dollars, besides the printer's bill for advertising; and for transcribing the assessor's return of appraisements, and counting and certifying 63 the votes, the said county auditor shall be allowed the same fees as for like services performed for such county, and to be paid out of such county treasury; the county treasurer shall be allowed one per cent. County treasu- •' 1 , • . rer's compensa- on the amount of money by him paid over to the tion. state treasury, to be by him retained out of the mo- ney in his hands. This act shall take effect from and after the passage thereof. EDWARD KING, Speaker of the House of Representatives, A. SHEPHERD, Speaker of the Senate, January 29, 1827. 64 ORIGINAL SURVEYED TOWNSHIPS. Section 1. In what townships trustees and treasurer to be elected to take care of school or ministerial lands; — a body corporate. — Who ineligible. 2. Notice of first election. — When to be held, &c. — Oath of trustees and treasur- er. — The clerk of the township. 3. Term of office of trustees and treasurer. — Subsequent elections. 4. Vacancies in office. 5. 6, 7. Duties of trustees, as to laying out and leasing lands. 8, 9. Disposition of rents. 10. Jurisdiction, &c., when county line runs through township. 11. Section twenty nine, how leased. 12. Collection of rents of school and ministerial lands. 13. How religious denominations to obtain ministerial rents. 14. When trustees of civil township may lease, &c. 15. How and when ministerial rents apportioned. 16. Reappraisement of ministerial lands. — Fees of appraisers. 17. Acts repealed. — Saving, &c. 18. How clerk to make out and certify enumeration of youth. 19. Certain leases not acknowledged valid. 20. Part of act repealed. An act to incorporate the original surveyed townships. [Passed March 14, 1831. Took effect, June 1, 1831. Col. Stat., 957.] I hat town- ^' ^^^' "* ^^ ^^ enacted by the General Assembly ships trustees ^f ^j^g State of Ohio. That so soon as there are twenty and treasurer • ' . . . •' to be elected to electors in any original surveyed township of five, or take care of . ., r x- i ^ i • i • school or min- SIX miies square, or iractional township, wherein isterial lands; there are either the reserved sections twenty nine, or sixteen; or where said section sixteen has been dis- posed of by congress, and any other section granted 'V in lieu thereof, whether such other section be situate within or without said original township; and in all other fractional townships, which, by law, are entitled to 9. section, or part of a section, for school purposes, the said electors are hereby authorized to elect three 65 trustees and one treasurer, for the purpose of taking into their care the sections above described ; and who ^rate° ^ ^^^' shall be a body corporate, capable of suing and being sued; provided, that no person residing on, or holding Whoineligible a lease on, any of the before described sections, shall be eligible to the office of trustee or treasurer, as aforesaid. 2. Sec. ii. That when the inhabitants of any sur- Notice of first veyed or fractional township, shall make it appear to ^^^''*'°°- the satisfaction of the commissioners of the county, that there are twenty electors inhabiting such town- ship, the commissioners shall cause a written notice to be set up in three of the most public places in the township, requiring an election to be held therein, for the purpose of electing three trustees and one treas- urer, to perform all the duties pointed out by this act, giving fifteen days notice of the time and place of holding such election ; which shall be held as near the where to be center of the township as circumstances will admit ^^^^' '^*^" of; and the election shall be conducted conformably to the provisions of the act entitled "an act for the Col. Stat, page incorporation of townships;" and the trustees and oSiioftrus- treasurer shall, each of them, take an oath or affirma- *^^^ ^^^ ^^^^^' urer. tion, before any justice of the peace, to discharge with fidelity the duties of their respective offices; and, when thus organized, the trustees shall appoint a The clerk of clerk, who may or who may not be one of their own *^^ township. body; and said clerk shall, after being duly sworn to discharge with fidelity the duties of his office, keep a fair and accurate record of the proceedings of the board, in a book provided for that purpose. 3. Sec. III. That the trustees and treasurer shall Term of office hold their offices three years, and until their succes- ff '^^'ees and * tress ur6r> sors are chosen and qualified; and, at least fifteen days previous to each triennial election, shall notify the electors of their respective townships of the time and place of holding each succeeding election; but in 5 66 Subsequent case the trustees refuse or neglect to give such notice, it shall then becojgi^e the duty of any elector inhabit- ing such township, at any time thereafter, to adver- tise an election therein, for the purpose aforesaid; M^hich notice shall be given in the same manner, and the elections conducted under the same reflations, as in the preceding section of this act. Vacancies in 4. Sec. iv. That when any vacancy shall happen office. jjj |.jjg office of trustee or treasurer, the trustees shall fill such vacancy; and the person, thus chosen, shall continue in office until the next triennial election, and until their successors are chosen and qualified. Duties of trus- ^' ^^'^' ^* That the trustees, M^hen either of said ina^out and ^^' sections may require to be divided into lots, shall em- leasing lands. p]Qy a, surveyor to assist them, and lay out such sec- tion or sections into lots of not less than eighty acres, nor more than one quarter of a section; and the said trustees shall lease out said section or sections, (ex- cept such as may be provided for by any special act,) after giving at least thirty days notice, by advertise- ment, set up in four of the most public places in the township, mentioning the time and place where pro- posals shall be received, and when they will meet to execute the lease ; always giving a preference to those who, in their opinion, make the most advantageous proposals. *. Same subject. 6. Sec. vi. That the trustees shall aot lease more than one lot to any one person; and the lessee shall be bound not to waste or destroy the sugar trees, or other timber, further than is necessary for improving thereon, and to make such improvements as the trus- tees may think proper; and the trustees shall ex- amine the premises, and see that they are left in good repair, and that the lease has been punctually com- plied with; and shall proceed again to give leases, on the plan pointed out by the fifth section of this act, 67 always giving preference to the original lessee, provi- ded he shall have complied with his former lease. 7. Sec. vir. That all unimproved lots of school Same subject, lands may be leased for any term, not exceeding seven years, for making such improvements on the same as the trustees may think advisable; and all im- proved lots may be leased for any term, not exceeding three years; the rent of which shall be paid in money, on the first Monday of December, annually ; provided^ that no lease shall be granted for a longer term than one year, for any school lands, where a vote of the township has been taken in favor of a sale of such school lands, (a) 8. Sec. viii. That the trustees of each surveyed J^'„'P°®^''°" °^ township, or fractional township aforesaid, shall apply the rents and profits arising from section numbered sixteen, to the special purpose for which it was in- tended; which rents shall be collected by the treas- urer, who shall not pay out any money so received, but upon the order of the trustees; and the treasurer shall keep a book with fair and accurate entries of all moneys received, together with a list of disburse- ments, and carefully file the vouchers relating thereto; which books and papers, shall, at all times, be subject to the inspection of the trustees, (b) 9. Sec. ix. That it shall be the duty of the trus- Same subject, tees of every original surveyed township, or fractional . township, where there is any money arising from rents of school lands, belonging to such township, to meet, at least once in each year, and oftener if they shall deem it necessary, at such time and place as they may agree upon, within the township, and make a dividend of all such money among the several school districts, or parts of districts, in proportion to the (a) The part in italic repealed; for which see twentieth section of this collection. (5) See sections 11 and 12, pages 11 and 12; and, see, also, section 42, page 29. 68 Jurisdiction, &c., when county line runs through township. Section twenty nine, how leased. number of youth in each district, or part of district, above the age of four, and under twenty one years; which dividend shall, by the treasurers of such origi- nal surveyed township, on demand, be paid over to the treasurers of the several school districts, or parts of districts, and take their receipts therefor, {a) 10. Sec. X. That every surveyed township or fractional township, aforesaid, in this state, that has a county line running through the same, shall be con- sidered, as it respects sections sixteen and twenty nine, in the same situation as though no such interfe- rence had taken place: any suit or action that may take place between the trustees, in their corporate capacity, and individuals or bodies corporate, shall be tried and determined in the county where the re- served section lies; and the officer, appointed to serve process in such case, shall have full power to go any where throughout the township, in execution of his official duties, in the same manner as though no such division line had ever existed. 11. Sec. XI. That the trustees aforesaid shall lease out section or fractional section twenty nine, granted for religious purposes, within the Ohio company's and John Cleves Symmes' purchase, (except such as have been heretofore leased, or are provided for by special acts,) in lots of not less than eighty acres, nor more than one quarter section, for the term of ninety nine years, renewable forever, to be valued by three dis- interested freeholders of the county, previous to its being leased; which valuation shall in no case be less than one dollar per acre: and all ministerial lands, leased as aforesaid, shall be subject to a revaluation every fifteen years, without taking into view the im- provements thereon, (except at the first valuation;) and six per centum on the valuation or revaluation of all ministerial lands, shall be the rent required. (a) See sections 11 and 12, pages 11 and 12; and see section 42, page 29. 69 12. Sec. xiu That all rents arising; from any Collection of ... „ . . rents of school school or ministerial lands, as aforesaid, shall be paid and ministerial by the lessee or lessees, to the treasurer, as they may become due; and, on failure of the payment, or for noncompliance with the conditions of the lease, the treasurer shall, when so directed by the trustees, bring a suit in the name of the trustees, before any court having competent jurisdiction: and, on final process, if goods and chattels cannot be found, where- by distress can be made, or if mesne process cannot be served, upon the return of the same, the trustees are thereupon authorized to re-enter upon the land of the delinquent or delinquents, and sell at public ven- due his or their right and title in the said lease or leases, to satisfy such rent, damages and costs; in which case the trustees shall give tw'enty days pre- vious notice of the time and place where the said lease or leases will be sold, by advertising the same in three public places, or by advertisement inserted in some newspaper published within the county, subjecting the purchaser or purchasers to the conditions contain- ed in the lease or leases of the delinquent or delin- quents: and in case the said lease or leases sell for more than the rent, damages and costs, the surplus shall be paid over to the delinquent or delinquents. 13. Sec. xiii. That each and every denomination How religious . . . . . denominations oi religious societies, alter giving themselves a name, to obtain min- shall appoint an agent, who shall produce to the trus- tees a certificate containing a list of their names and numbers, specifying that they are citizens of said township; and the agent shall pay over an equal div- idend of the rents, within three months after the same shall have been received, to be appropriated to the support of religion, at the discretion of each society; provided, that all members, above the age of fifteen years, shall be entitled to have their names enroled by any society. 70 When trustees 54. gj-c. xiv. That whenever number sixteen or 01 civil town- ship may lease, twenty nine shall be in a township where there are not twenty electors, the trustees of the civil township in which surveyed townships may be situate, may lease said section or sections, and receive the rents arising therefrom, for the use of the inhabitants of such surveyed township, agreeable to the provisions of this act. How and when ^^' ^^^' ^^' That in such township or fractional niimsterial township, wherein section twenty nine is reserved, it rents appor- ' ' •' ' tioned. shall be the duty of the trustees to meet on the first Monday of January, annually, at the most convenient place nearest the center of such township or fraction- al township, and there make a dividend of the rents to each religious society, agreeably to the thirteenth section of this act; and, in making such dividend, each society shall be entitled to receive a just proportion of the money received by the treasurer. Reap raise- ^^' ^^^' ^^^* That whenever and so often as it went of minis- ^Q^y become necessary, pursuant to the laws author- izmg the leasing of lands set apart for the support of the gospel, to reappraise any lot or tract of land set apart as aforesaid, which may have been leased for a term of years, it shall be lawful, and is hereby made the duty of the trustees of any original surveyed town- ship, in which any such tract of land may be situated, to appoint three disinterested freeholders, not resi- ding in such township, whose duty it shall be to ap- praise such tract of land, on actual view thereof, without reference to the improvements thereon, and, within five days thereafter, to make out a report of such appraisement, and deliver the same to the clerk of the township in which such lands may be situated; Fees of ap- and said appraisers shall receive for their compensa- praisers. ^^^^^ ^^^ dollar each, per day, necessarily employed as aforesaid. 7r 1 7. Sec. xvii. That an act to incorporate the oris- Acts repealed: . , , , • , T^ r Chase, 1450. mal surveyed townships, passed February twenty sixth, eighteen hundred and twenty four; an act to amend an act entitled "an act to incorporate the orig- Chase, 1530. inal surveyed townships," passed February eighth, €ighteen hundred and twenty six; an act to provide for granting leases of certain school lands, passed Chase, leii. February eleventh, eighteen hundred and twenty eight, and all other acts and parts of acts, coming un- der the purview of this act, be and the same are here- by repealed, provided that the repeal of said acts Saving, &c. shall in no wise impair the validity of any lease or contract, made under any of their provisions, but the same proceedings shall be had in relation to any such lease or contract, as if said acts were not repealed. This act to take effect and be in force from and after the first day of June next. An act to amend an act entitled "An act to incorporate the original sur- veyed townships," passed March 14th, 1831. [Passed and took effect, March 9, 1835, Col. Stat., 961.] 1 8. Sec. i. Be it enacted by the General Assembly How clerk to of the State of Ohio, That the clerk of the different certify enumer- school districts, in any original surveyed township, in ^ '°° ° ^"" which section sixteen, or any part thereof, remains unsold, shall, at the time he takes the enumeration of the white youth, make out two certified copies of such enumeration; one of which shall be, by him, placed in the hands of the county auditor, and the other shall be delivered to the clerk of the said original surveyed township. An act declaring valid certain leases of school lands. [Passed and took effect, March 14, 1837. Col. Slat., 962.] 1 9. Sec. i. Be it enacted by the General Assembly Certain leases of the State of Ohio, That all leases of school lands edged valiZ ' made by the trustees of the original surveyed town- 72 ships, within this state, anterior to the first day of June, in the year one thousand eight hundred and thirty one, although not acknowledged before any officer authorized to take the acknowledgment of deeds for conveying lands, shall, nevertheless, be- tween the lessors and lessees, be held valid to the same extent, and for the same purposes, that they would have been, had they been so acknowledged j provided that all suits, commenced before the taking effect of this act, shall be prosecuted in the same man- ner as if this act had never passed. An act to amend "An act to incorporate the original surveyed town- ships," passed March 14, 1831. [Passed and took effect, March 20, 1840. Col. Stat., 962 ] Part of act re- 20. Sec. I. Be it enacted by the General Assembly P^^^^'^- of the State of Ohio, That so much of the seventh See section 7. section of the act entitled "an act to incorporate the original surveyed townships," passed March fourteen, one thousand eight hundred and thirty one, as pro- vides that no lease shall be granted for a longer time than one year, for any school lands, when a vote of the tow^nship has been taken in favor of a sale of school lands, be and the same is hereby repealed* 73 IMINISTERIAL LANDS. An act to amend an act, entitled "An act pointing out the mode of lev- ying taxes," passed ]\Iarch 14, 1831. [Passed and took effect, 31aTch 23, 1840. Col. Stat., 916.] Sect. 1. Be it enacted by the General Assembly of Ministerial •^ •' ^ lands may be the State of Ohio. That all tracts of land, set apart taxed for r ^■ ■ " ^ i i • 1 • SChool pur- for religious purposes, known and designated as mm- poses, and pro- isterial lands, or section twenty nine, be and the same such cases. are hereby declared subject to taxation, by the school districts in which located, for school purposes, any thing contained in the act to which this is an amend- ment to the contrary, notwithstanding; and it is hereby made the duty of the assessor of the proper county, in which said lands are located, to proceed to appraise the same in the same manner as is prescrib- ed in the ninth and tenth sections of the act to which this is an amendment, which appraisement the asses- sor shall return to the auditor of the county, who shall file the same in his office; and when required by any school district, in which said section is located, to furnish a list of the taxable property on his dupli- cate, for the purpose of levying a district school tax, it shall be the duty of the auditor to include in said list the appraisement of said section twenty nine, so returned as above provided. This act to be in force from and after its passage. SCHOOL OFFICERS' GUIDE. AUDITOR OF STATE. 1. The auditor of state shall make an apportion- Auditor of state ^^ to report annu- ment of school funds of all descriptions, and report ally to state su- • 1 1 , IT permtendent; the same to the state supermtendent by the 15th day of January, annually. 2. Shall srive notice to the auditors of counties of ZPtl'IL!!?^ o tice to county the annual apportionment. Sec. A, page 4. auditors. 3. Shall make the apportionment of the several Basis of appor- . ^ ^ . tionment. school funds on the basis of the enumeration returned to his office by the state superintendent. Sec. 40, page 27. 4. Shall make an account of interest on the sev- Interest on eral school funds up to the first day of January, an- nually. Sec. 66, page 36. 5. Shall annually apportion the school funds among To apportion , . }, ^ school funds, the several counties. /Sec. 77, page 39. STATE SUPERINTENDENT. 1 . Shall furnish the auditor of state, by the fif- State superin- teenth day of December, annually, with an enumera- port enumera- tion of all white youth between the ages of four and y^^i^^ ^^"^ twenty one years, in the several counties of this state, and also with an enumeration of those in the Virginia military district, the United States military district, and the Connecticut Western Reserve dis- trict, each separately. Sec. 4, page 4. 2. Shall collect all information deemed important —And annual- from each township, city, &c., in relation to common iatu°re,&c.^^'^* 76 schools, and report to the legislature, in January, an- nually, suggesting amendments to the system, when deemed by him necessary. Sec. 37, page 26. —To ascertain 3. Shall ascertain what lands are due to the sev- land due to , „ , t_ _, townships; eral townships, under the laws oi the United States. Sec. Sd,page 26. —The value, 4. Shall ascertain and report to the legislature the value of the school lands in the state, and the amount of the different school funds due to each township. Sec. 38, page 26. —To furnish 5. Shall furnish the several school officers with forms, forms for keeping their accounts, and record of pro- ceedings, and for making returns, and shall, on the 15th day of December, annually, deliver to the audit- Enumeration or of state an accurate enumeration of all the white ofwhiteyouth. , , • , , , ,• youth, as made to him by the several county auditors; showing, also, the number in each county entitled to receive portions of the different school funds. Sec, 40, page 27. —To have 6. Shall have general superintendence over all charge of all . » , school pro- property given for the use oi common school educa- perty: tion. —Prosecutions 7. Shall cause prosecutions in the courts of the m case of '■ waste; state for all waste, &c. —To require 8. Shall require reports from all persons having reports, &c. ^ . ^ '■ ° school property in charge, &c. Sec. 40, page 27. Duties trans- 9. Duties of superintendent transferred to the ferred to secre- tary of state; secretary of state. Sec. 68, page 37. —To prepare 10. Shall prepare an edition of school laws, &:c. an edition of,,^^-^_, ^_, ^^ laws. Act of 1842, sec. SI, page 40. COURTS OF COMMON PLEAS. Court of com- Courts of common pleas of the several counties, to mon pleas to -.11 • ^ ru ^^ • 1 appoint school appoint school examiners, and nil all vacancies that examiners. o ^/% /-.« may occur. Sec. 26, page 20. 77 COUNTY AUDITOR. 1. County auditors shall examine the vouchers of —To examine, .^ , ^ township treas- township treasurers, and certity the same. Ibec, 14, urers'vouchers; page 12. 2. Shall furnish district clerks, on application, —To furnish . . certain ab- with abstracts of all taxable property in then- districts, stracts. Sec. 16, page 13. 3. When lands are divided by district lines, coun- Lands divided ty auditor shall determine what proportion lies within unes'f '"^"^ each district. Sec. IS, page 15. 4. When district treasurers report delinquencies —To add de- ^ , tj^ ^ 1 I linquencies to in payment oi tax on real property, auditor to add next year's du- such delinquencies to the duplicate of next year's ^ ^'^^^^' taxes; and the amount, when collected, shall be paid over to the township treasurers, for the use of the proper districts. Sec. 1 9, page 1 5. 5. When the vote of any township shall be in —To assess favor of a school tax, county auditor shall assess the ' amount agreeably to the estimate of the township clerk. Sec. 25, page 19. 6. Shall be county superintendent of common County super- , , „ intendent. schools. Sec. 22,, page 22. 7. Shall, immediately after his annual settlement. To apportion apportion to the several school districts all moneys and coiW ' for the use of schools therein, and enter the same in "^^' a book to be kept for that purpose; shall furnish township clerks and township treasurers with a copy of such apportionment; he shall collect all fines and other moneys applicable to school purposes, and pay the same over to the county treasurer, and shall take all proper measures to secure to each township its proportion of school funds. Sec. 22, page 22. 8. Shall, on or before the first day of December, — Tomakeout annually, make out and transmit to the state superin- superintendent tendent an abstract of all returns made to him by the several township clerks, and distribute blanks, cir- Blanks, &c. culars, &c. Sec. 30, page 23. ^<_ 78 Duplicates, &,c 9^ Jq making out duplicates, in certain cases, to be governed by the county commissioners. Sec. 44, page 29. To determine 10. In districts composed of parts of townships, clerks' jurisdic- ,11 i 1 i ,. tion in certain and where tliere are no school houses, county auditor '^^^' shall determine which township clerk shall have juris- diction. Sec. 53, page 32. Not to pay mo- n. Shall not pay mone^^ to township treasurer neyunless, &c. . . . until furnished with evidence that such treasurer has given bond. Sec. 55. page 32. To apportion 12. Shall annually apportion school funds accord- gool fund, .^g ^^ enumeration. Sec. 77, page 39. —Responsible 13. Shall be responsible for all losses in school duty!^"'^* °* fund, sustained by reason of neglect of duty. Sec. 79, page 40. School sec. di- 14. Auditor's duties where school section shall lie Tided by coun- . •<>«/, tyiine. m two or more counties. Sec. 86^ page 41. 79 05 ^ « ^ s ^ ^ if •panrejqo naaq aA^cq Avxn spnnj '[ooqos qoiqM moJiaoinos jaqio Auv payasui aq Xbih aiaH — 'sxonj •punj |ooqos 8Aja59>j uiaj -sa^w inonoaanoj jo i^my ■pury jooqos XiBujiiu I saitJis p9i]n,i JO lunoinyl •punj ]ooqos •U381 ■xis noigoag looqos jo laa}} •uaaixis uou •09S JO spaaoojd no isajajur ajBoijdnp ijunoD uioj^ xcj, ■i-eaA. siqj pasiBi pimj guipjinq jo innoniy •iB3i stqi liraq sasnoq |Ooqos jo jsoQ sasnoq jooqos jo jaquirifiT •jqsnm uaaq SATjq siooqos uomraoo sqjnoui jo -o^ •spnnj oi[qnd UEqi saojnos jaqjo xn.01} spoqos noonnoo jo siaqoBaj picd S33BM. JO junooiv •spunj oi|qnd caojj sjooqos uoraraoo jo swqoBai piBd s3§BiV }0 jnnoray •spoqos uoraraoo m oDuepuauT! 3Sbj9at3 ni sjEjoqos jo jaqran^ •s|ooqos uoraraoo ui si9qoE9i JO jaqran^ •diqsuMOj qoT!9 ui sjooqos nooiraoo jo aaqran^ SJOliJ 1 •sip iBUOTjOBJj }0 jaqnin^l c. H Annual report. (DO ■2 3 c.S 1^2 S » 3 tn a>_3 lark offic ort fefjfi -«.E-M H-o s oo O cs sub peri -°z 2 o a ^4^» T< OJ3 g y- O.O'— XJ3 O in -^ t« eS^ ^j2 O 'iS^ o'^.S -■:; esj3 ^ £■- i^l >. o » o a-5 "^^ ^^« - S^ 9 1^"' -■5« e-s^ 2?S o on u a County audit- or. Annual Report of the number of white youth^ between the ages of four and twenty one years^ in the several townships of county^ for the year 18 — . Annual report of enumeration. Names of townships. C.2- — 'JS ,• > C en .5 £* 3 5 H e.a §£: Oi: OS OJ « •5^ .cai c£^ e c ■- !a M.t; boS c — S n jss ^^ s.§-g s-g "sS.s a« a c-o :z; 12; .. Note — Under the head of original surveyed townships, these columns may be extended sufficient to place those of each original surveyed township separate, and so of any smaller or other div'^ion. 81 PROSECUTING ATTORNEYS. 1- Prosecuting Attorneys of the several counties, '^^. P^'o^ecute on the application of the state superintendent of school proper- common schools, shall prosecute, by bill in chancery, all persons having property in possession belonging to common school fund. Sec. 40, page 27. 2. Shall prosecute or defend all suits in the courts "P""', ^I'ere ^ school district of common pleas or supreme court, wherein any is party. school district may be either plaintiff or defendant. Sec. 41, page 28. COUNTY COMMISSIONERS. Commissioners of counties may, at their discretion, May reduce 1 11 1 1 • 1 • 1 • • school tax. reduce school tax, to be levied m their respective counties, to any sum not less than one mill on the dol- lar. Sec. 44, page 29. COUNTY TREASURERS. The several county treasurers shall retain from the County treas- . . urers to retain state lunds the amount apportioned by the auditor of school fund, state to their respective counties. Sec. 4, page 4. SCHOOL EXAMINERS. 1. Three School Examiners to be appointed by the School examin- ^ ^ •' . ers to be ap- courts of common pleas in each county; to hold their pointed, offices for three years, and until their successors are elected and qualified. Sec. ^6, page 20. 2. The board of school examiners, in each county, orc^anizaiion; shall organize by the election of a chairman and clerk of their own body; shall keep a regular journal of their proceedings, and adopt such bylaws and regula- tions, for the transaction of business, as to them shall 6 82 appear proper. These bylaws will of course be com- mitted to record. To hold regular 4. They shall hold regular quarterly meetings, mee ings; ^^^ ^^^^ ^1^^ j^^^ special meetings, when necessary. —And keep a 5. As the transactions of these boards will be of proceedhigS"^'"^ much importance, both to the public and individuals, it will be proper to note every thing done at their meetings in a clear and distinct manner; such as the names of the several candidates for examination, as teachers; the decision of the board as to their several qualifications; the branches they are deemed qualified to teach; their capacity for governing a school, and the evidence of moral character; the grant or refusal of certificates, &c. Sec. 27, page 20. Form of a certificate. Form of a cer- 6. A. B., having presented himself a candidate for examination, as a common school teacher, at a meeting of the board of school examiners, of county, Ohio, and the board having ex- amined him in reference to qualifications, and inspect- ed his evidence of moral character, do hereby certify that the said A. B. is qualified to teach reading, wri- ting and arithmetic; and that he has furnished suffi- cient evidence that he is of good moral character, and possesses the requisite capacity for governing a school. This certificate to be valid for months. Given under our hands at , this day of , 18 . A. B., C. D., E. F., Board of examiners. [Note. — Certificates will of course be varied ac- cording to the diflferent qualifications possessed by the applicants.] 83 TOWNSHIP TRUSTEES. 1. Township trustees shall lay off their respective Township trus- townships into school districts, and prepare maps echoohilsuictf thereof, with lines and numbers; one copy to be and prepare lodged with the township clerk, and one with the county auditor; and also make all needful alterations. , Sec, 6, page 6. 2. Shall approve of township treasurers' bonds —Approve . . treasurer's and securities, bee. 11, page 11. bond. 3. Shall "examine and certify township clerks' ac- Township clerks' acc'ts. counts for services. Sec, 20, page 16. 4. May, with the consent of the school directors Attach parts of townships &c.; of any city, town or borough, attach adjacent parts of their townships thereto. Sec, 33, page 24. 5. May dispense with the visitation of township -Maydispense ^ t . . with township clerk, as superintendent, and fix his compensation, clerks' visita- ci ^^ tion. oec. 60, page 35. 6. A majority of the trustees of two or more New districts, adjoining townships, may, in certain cases, lay off new districts. Sec, 72, page 38. 7. May alter districts without the written request Alter districts. of resident householders. Sec, 88, page 42. 8. May allow township treasurer compensation. Compensation ^ ^ to tp. treasurer. Sec, 93, page 43. TOWNSHIP CLERKS. 1. Township Clerks shall deliver to county auditor To keep copies *^ of maps, and copies of township maps, and, from time to time, deposit one make out maps of all alterations made by the trustees, Tuditor; and deliver them to county auditor; shall record all maps and alterations in the books of the township. Sec, 5, page 5, 2. Shall approve bonds of district treasurers. Sec, District treas- _ „ urers' bonds. T,page 8. 84 Suits in certain cases. — Township superintend- ent; — And report number of wiiite youth, &c.; • — His duties in certain cases; —To fill va- cancies, &c. — To report re- turns, &c.; — To perform certain duties in case, &c.; —To visit schools in their townships; — And to esti- mate funds ne- cessary for schools, &c.; — His jurisdic- tion in certain cases; 3. Shall prosecute suits against delinquent treas- urers. Sec. l\,page 11. 4. Shall be superintendent of common schools within their respective townships; shall annually make an enumeration of the youth in their townships, and deposit the same with the county auditor by the 1 5th day of November, annually; shall be paid for his services, and be subject to penalties for neglect of duty. Sec. 20, page 16. 5. Clerk's duty in taking enumeration where dis- tricts are composed of parts of two .or more town- ships. Sec. 21, page 17. 6. Shall fill all vacancies in board of school di- rectors, and where no elections are held, shall appoint directors. Sec. 22, page 1 8. 7. Shall, by the 15th day of November, annually, make out and deposit with the county auditor an ab- stract of all district returns made to them, exhibiting the general condition of the schools in their town- ships. Sec. 23, page 18. 8. Shall, on districts failing to elect officers, or officers refusing or neglecting to qualify, perform the duties himself. Sec. 2A,page 18. 9. Shall visit each school district at least once in each year, and make a full examination of their con- dition; shall keep a journal of all such examinations, with his observations thereon; shall make an estimate of the money necessary to provide for keeping a School in each district six months m each year; shall post up notices for levying of school tax, and report the vote of his or their respective townships, on the first Monday of April, to the county auditor. Sec. 25, page 19. 10. In cases where districts shall be composed of parts of incorporated townships, the clerk of the township, in which the school house is situated, shall have jurisdiction. Sec. 53, page 32. 85 11. Shall, before they attempt to perform the —To give bond duties assigned to the board of directors, within any district, execute a bond as district treasurer for such district. Sec. 54, page 32. 12. Township clerks shall not estimate the amount —Assessment of school fund, to be voted for, over two mills on the &c.^ limited, dollar of the grand levy, and no greater sum shall be collected, unless approved by a vote of the township on the first Monday of April. Sec. 57, page 33. 13. Shall make return to the county auditor of J° ""'i^^ '"®" •' turn, s C B £ 1, s t3 3 3 M O iz; ^ 12; e^ District 1. A. B. D. 1 " " " E. _ 1 " " " F. 1 _ (k 11 " G. 1 _ 4 2. 0. P. H. - 1 (I li " I. 1 (t 11 " J. - 1 3 7 I certify ^e above to be a correct list and enumer- ation of the'Nvhite youth in township, county. October, 18—. C. D., Township clerk. [Note. — The lands in this state being divided into several districts, and the necessity of making ennu- meration returns for each district separately, renders the duties of the reporting officers in townships and school districts, embracing portions of two or more of these land districts, complex and difficult. Where townships are composed of parts of two or more of such land districts, the township clerks are referred to the succeeding form :] 87 '1;^ a E o o Jl-Stf fe 3 la .sit 1 o o a o S rt — S j3 .t; . ^ 1" o o o CT3 fcEH .2 S 1 ^ d ■goi tm ^<« m 1 SH.S3 - S ® (U o P 2 3 '- =* ,- "3 o c fc* CS O MO. ^ 1 s r.2 c c f ^r E ~ *M c 3 - ° ■5 o 0) o c S5 1 g ^1 E o 2^^ i r 1. e 1 o ^2 0.9^3'^ XI o ir o o Jh cJ w 00 m O Z; s s o •pi JlSip XjT!] fe o -TIJUI CU iioJiA HI nc '— ■6^ loii] sip'u jgquin^ en o "3 o s s o o ■0|^ joujsip u UT nt! '- jgqiun^ CO _2 o .5" 13 l-H o '-C ,a en c S o o -^ '^ "^ , 15 j^ s o o "S"^ ^i s o o £=^ frn "a 8 6E-;.S H 1 s fa o o o . ^u. 'Soi E° m I-, i\ If "3 ° I T ^' d o o 12; 2,2 'b'B • -; t/i 2t5 o o K2 >• 2 o a O Eh -S 3 t^ o a) .S « a: 5 Si's XI SS feS o a 88 Township clerks. Annua! report. ^ '^ '^ S 25 5^ pasiBJ punj Suipijnq jo lunoiuy S3S •acaX ooo siqjil^inq sasnoq jooqos jo 5303 § 3 ■iuaX siqj ijinq 83snoq looqos jo joqiunsj ^r^O ■ivsi aqi uiqiiM diqsuMOj 9q; ui uiSnBJ uaaq 8ABq siooqossqiuoiu jo J9quinj*j It SI T^COO ^ ! 3; 1 rt 1 OD •* S 1 •spun} oqqnd ucqi SUB8UI jaq'io luoj; sjaqoBaj 01 pied junoiuv 000 I- ■<)< -2 000 000 Ooo <:0 •spun} oi[qnd moy spoqos uoium'oo p sjaqoGQ} 01 piTjd lunouiy 000 000 _a5 000 000 •90ucpira;jT! ^[lep ui jaqmnu aSBiaAy in ■* Tji rt _2 "3 vn •pajoj -ua sjEjoqas jo .laquin^ s in in -^ T-( a5 "3 in in 00 ->3< CO •sieaA suo XjuaMj puB jnoj JO saSc aq) uaa.wjaq qjno/f ajiqM. jo aoqiun^ s in t^ CO lO in 00 00 CO •sjaqoB3) JO aaquintij a ^„^ eo CO CO •saiBiu -3} puB sajBut Aq diijsuMoj ui iij3nB] s|ooqos uouiiuoA jo 'Ofsj CQC^rt •f?5DU}sip JO suoijocjij JO jaquin]^ 00.-1 •spujsip looqos JO J9C imn^ rHN- ci n rt g C3 CO m CQ pO DO - o ^cn-a ^ ',o •- Eh i "■ ^ a. T! baS CQ _> si 2-3 -a O •3> ^■(0 s o ^ o o S E-t! ej-a t>. ca o l" 00 bb rt a <1 O O O o o o urj o ^ -n« N o -* v^ . . O o r^ 2 ^.1 •■2. 6" 3 -3 > y a 2 ■§ M '3 03 a '53 o __2 1) -a a O *j tn =! t:-Hc O hM o-ao O a-a n o TJ O) '-I ■* ^ t-_ -§ • o • »-.•*-*• ® .^ . >• U L. rt 3 • o oa — . C3 • . - o m u £3 • 00 a.s s > sp! 2 2 '2 • aid eclo ict, <=-■- a i3 c o u-a °cM- S^ C3 ^ ci _3 >, - ; a " ^ . o (n I ^■^ j3 GO ci " ri 3 e! S rf • -a o o 2 o i: a >> m • > hfl J= .J on of •ict, • s recei )d for ■«-' » porti dist! fine ceivc ft 2.^ o2 *— o -S o c= C3 ■" 03 on o ., ^ o fM - - I- ( T-i d-^ f '^ 1 '-' • o6 t., tja CO •'2 ";i =^ < 1 93 ^!S > o o o OO o C O O o , c ^ Oi-< C 6 0) CO 6 J3 6 1 2i g 12; cJ o ".H o OT 3" ^•E ^ ''-' '}~< >- "C ( K s r ^ f cn ,XI to .2j 05^ ft;5 ^ ■^ ! 3 , J J J ^ ca " ^ " ** .c^" \ri o >rj 1 '^ (M « ■* 00 o 1-1 (U ^ ^ J Q " 2_ "' o O o (N o ^ U3 rt in o '-O ^ Q o I—I o CO c» CO ^ "Bl ■<° !rJ=! ^ «^ o m •a 00 ' QJ M Oq ' *3 a> ^j . o^ •5 =5 3 . 0) C O r ED "=£ • ft -o C a •Id _5 "tS o S W o 10 o "-0 < •o5|J .£: 3 0.2 X4 -a u o 5 O -rt O _a2-a m -^ . c-c IP j2 a in ^ si o ^ ^ H ■* " .d CO o^ 1 "^ i-^ »— 1 OO c5 ■-I a) ^ ^ ft " ■* Form of a re- ceipt. 94 Form of a receipt to Township Treasurer on retiring from office. Township, April — , 1 8 — . J have this day received of L. M., late treasurer of tovi^nship, dollars, being the amount of the several descriptions of school funds in his hands, belonging to said township, as appears by the settle- ment of his accounts, as balanced on the books of the tow^nship school fund, page — ; also, book of ac- counts, and a file of orders, from to , inclusive. T. P. Township Treasurer. [Note. — This receipt must be deposited with the clerk of the township within ten days from its date.] Special meet- ings of votera Election of school direc- tors; — May appoint; — Their duties; — A quorum; — To divide districts, &c.; SCHOOL DIRECTORS. 1. School Directors may call special meetings of the voters of their districts. Sec. 6, page 7. 2. Shall be elected by the householders of the several school districts, on the third Friday of Sep- tember, annually. Sec. G^page 7. 3. Shall appoint district clerks and district treas- urers. Sec. 7, page 8. 4. Shall be a body corporate in law; shall exam- ine all accounts of district treasurers, and order the payment of all moneys in the township treasury for the use of the districts; and shall settle with the dis- trict treasurers at the end of each year. Sec, 7, page 7. 5. Two directors shall form a quorum; shall have power to divide their district into sub-districts: shall select sites for school houses, purchase the same, and contract for the erection of the buildings, and for re- pairing and keeping them in order, provide fuel, &:c. 95 May, without a vote of their districts, levy and as- sess a tax, not exceeding twenty dollars in any one year, procure furniture for school houses, establish schools, employ teachers, and exercise a general su- perintendence over the schools of their respective districts. Sec. 8, page 9. 6. Shall, at the annual district meeting, report, in ^Jpondition writing, an account of their official proceedings for of schools, &c.; the preceding year, which report, or a copy thereof, shall be, by the clerk of the district, delivered to the township clerk within five days thereafter. Sec. 9, page 10. 7. Shall levy all taxes on their districts upon an —Taxes— ba- sis, &c.; abstract to be furnished by the county auditor. Sec. 16, page 13. 8. Shall cause school houses and lots to be sold in To sell school houses in cer- certam cases. Sec. 17, page 14. tain cases. 9. Shall, in certain cases, rent school rooms and To rent school 1 n cy rooms. levy taxes to pay rent,&c. Sec. 45, page 30. 10. May authorize schools to be kept on the ba- JJhJols"to''be^ sis of individual subscription and responsibility, and keptbysub- scnption, &c.; to cause the same to be collected by district treasur- ers, as other district taxes are collected. Sec. 50, page 30. 11. May admit persons over twenty one years of —May admit ... 1 1 1 persons over 21 age, and those out or their districts, to attend schools years of age, on payment of such amounts as the directors shall of th^eirdis- prescribe. Sec. 51, page 31. '™'^' 1 2. Shall borrow money to defray the expense of —To borrow building school houses, if required by a vote of their ui'n'jfases. district, and levy a tax to pay the interest and prin- cipal. Sec. 58, page 34. 1 3. Shall establish evening schools, and make rules Evening for their government. Sec. 59, page 35. schools. 14. May grant orders in favor of districts where Duties where German schools are taught, on account of such youth tend German of their respective districts as may have attended ^^ °° ^ °"' ^ 96 their district, g^^h schools; and the same in reo;ard to English &c.- ^ schools, attended by youth from German school dis- tricts. Sec. 61, page 35. —Term of of- 15. Shall be elected, and serve for three years. ^°^' Sec. 73, page 38. Two to form a 16. Two directors to form a quorum for the trans- quorum, action of business. Sec. 91, page 43. Form of an order to Township Ti'easurers. District No. , of Township, July 15, 18—. A. B., Treasurer of township, will pay to T. U., or order, dollars, and cents, for tuition in district No. , of said township, for the term of months, commencing on the day of , 1 8 — , as per contract with said teach- er. A. B., C. D., Directors, Form of an order to District Treasurer. District No. , of Township, July 15, 18 — A. B., Treasurer of township, will pay to Q. P., or order, dollars, and cents, on account of work done to school house, as per contract. A. B., C. D., Directors. J [Mote. — Registers of all orders issued by the di- rectors, whether issued to the township or district treasurer, should be kept by the district clerk, in sep- arate progressive numbers, in which should be stated 97 the date, number, to whom issued, and for what ser- vices, together with the amount. Should the direc- tors think proper to receive labor done upon the school house, or fuel, for the use of the school, in discharge of taxes charged on the property of the district, they will issue an order in the following form, which the district treasurer will receive and credit on his dupli- cate.] Form of an order for the liquidation of faxes. District, No. — . A. B., Treasurer of school district, No. — , of ■ township, pay to G. H, the sum of dollars, by crediting him with that amount on the tax duplicate in your hands, on his taxes thereon charged, he hav- ing furnished , as per contract. A. B., C. D., Directors, Form of a Lease, Form of Know all men by these presents, that A. B., of the lease, county of , in the State of Ohio, of the first part, for the consideration herein mentioned, do hereby lease unto A. B., C. D., and E. F., directors of school district. No. — , in township, county, Ohio, party of the second part, and their successors and as- signs, the following parcel of land, with all privileges and appurtenances, to have and to hold the same, for, and during, the term of , from the — day of , A. D., 18 — . And the said party, of the second part, for themselves, their successors and assigns, do cove- nant and agree to pay the said party, of the first part, for the said premises, the annual rent of ■ ■ ■ - dollars. 7 98 In testimony whereof, the said parties have here- unto set their hands and seals, this day of , A. D., 18— . A. B. [seal.] Lessor. A. B., [seal.] C. D., [seal.] E. F. [seal.] Directors of School District J^o. of Township. Signed and sealed, in presence of L. M., N. O. [Note. — Where leases are made for a term of three years, and upwards, they must be acknowledged be- fore a Justice of the Peace, and recorded in the re- corder's office of the proper county. In that case the following form is recommended.] The State of Ohio, county, ss. Before me, a justice of the peace, within and for said county, personally came this day the said A. B., grantor, in the above instrument, and acknowledges the same to be his voluntary act and deed, for the purposes therein expressed. In testimony whereof I have hereunto subscribed my name, this — day of , 1 8 — . A. B. Justice of the Peace. Form of a Deed. Form of a Know all men by these presents, that A. B., and C. deed. g^^ j^jg wife, of the county of , in the State of Ohio, party of the first part, for, and in consideration of, the sum of dollars, to them paid by A. B., C. D., and E. F., school directors of district No. — , of township, county, Ohio, party of the sec- ond part, the receipt whereof is hereby acknowledged, 99 do hei'eby grant, bargain, sell and convey to the said party of the second part, their successors and assigns,^ forever, the following described parcel of land, namely: ••^ together with all the privileges and appurtenances thereunto belonging; to have and to hold the same to the said party of the second part, their successors and assigns, forever; hereby covenanting that the title so conveyed is clear and unincumbered, and that the said party, of the first part, will warrant and defend the same against all claims whatsoever. In witness whereof, the said A. B., and C. B., his wife, party of the first part, have hereunto set their hands and seals, this — day of , A. D., 1 8 — . A. B., [seal.] C. B. [seal.] Signed, sealed, and delivered, in presence of H. I., J. K. TJie State of Ohio, county, ss. Before me, a justice of the peace, within and for said county, this day, personally came A. B., and C. B., his wife, the grantors in the above conveyance, and acknowledged the same to be their voluntary act and deed, for the uses and purposes therein expressed; • and the said C. B., the wife of the said A. B., being by me examined, separate and apart from her said husband, and the contents of said deed being explain- ed to her, did declare, that she did voluntarily sign and acknowledge the same, and still remains satisfied therewith. In testimony whereof I have hereunto subscribed my name, this — day of , 1 8 — . L. M., Justice of the Peace. 100 DISTRICT CLERKS. To post urW- 1 . District clerks shall post up notices of annual ticea of a^qyai ^ * meetings; meetings in September. Sec. G,page 6. -Elected by 3. Shall be elected by the district directors, and district direct- '' ' ors, and shall shall also be district treasurers, and shall as such give also be treasu- , , . , ■ , 1 j 1 1 i • rere; bond, With security, to be approved by the township clerk. Sec. 7, page 7. —Shall keep a 3. Shall keep a book of records for their districts, proceedings; and record the proceedings of the directors and dis- trict meetings; which shall be signed by the chair- man, and countersigned by the clerk. Sec. l.page 7. —To provide 4^ Shall provide for each teacher a book to record ers; the names of scholars. Sec. \0^page 11. —To furnish 5. Shall furnish the county auditor with the names county audilo;: ,.,.,.. , with names, 01 all persons liable to taxation m their districts, when '' a tax has been determined to be raised. Sec. 16, page 14. To make an- 6. Shall, under the instructions of the directors, nual reports, , ... , , . _ &c.; make report, in writing, at the annual meetings tor the election of officers. Sec. 9, page 10. Report names 7. Shall take an enumeration of white youth in and number of . . 1 1 • white youth; their districts, and report the same to the township clerk. Sec. 74, page 38. CJompensation ; 8. Shall be allowed compensation. Sec. 76, p. 39. Liability, &c. 9. Shall be responsible for all losses sustained by their district by reason of their neglect of duty. Sec. 79, page 40. Form of a school district record, ScnooL District No. , — — Township, county, September 21, 18 — . District record At a meeting of the voters of this district, held or journa . ^j^j^ ^^^^^ pursuant to law and public notice, at , A. B. was appointed chairman, and the district clerk being absent, C. D. was appointed clerk, pro tern. The report of the school directors of the preceding f year being read, the voters proceeded to the election District record r 1- f I TT'i • °'' journal. 01 directors tor the present year. Whereupon, it appeared that A. B. was duly elected for one year,, C. D. for two years, and E. F. for three years. [Note.— By the act of 1842, section 73, of this collection, the term for which school directors are to be elected, is extended to three years. The mention of the terms of one and two years, in the above form, is intended for the two first elections under that act; after which, only one director will be elected annually for three years, except in cases of va- cancies.] S. T. submitted to the meeting the following reso- lution: Resolved^ That a tax of dollars be levied, for the purpose of purchasing a lot, and building thereon a school house. On putting the vote upon the adoption of the reso- lution, it was carried, voting in the affirmatijfe, and in the negative. A. JB., Chairman, Attest: C. D., Clerk, pro tern. s. Meeting of Directors. September — , 1 8 — . The school directors this day met at ,and after being duly and legally qualified to discharge the duties of their respective offices, proceeded to choose a chairman and district clerk and treasurer; whereupon, A. B. was chosen chairman, and C. D. district clerk and treasurer. Resolved, That this board meet on the day of next, to take measures for the purchase of a lot on which to erect a school house. A. B,, Chairman. Attest: C. D., District Clerk. 102 District record October — , 18 — . orjournal. ' t The board met pursmint to adjournment, at , ^nd agreed to purchase of A. B. a lot of ground, ■vhereon to erect a school house; and the said A. B. being present, did, by a deed, convey to the said di- rectors, for the sum of dollars, a lot of ground* particularly described in said deed. Resolved, That an order be issued by said board on .the district treasurer, in favor of said A. B., for the sym of dollars, the amount of the purchase money of said lot. A. B., Chairman, Attest: C. D., District Clerk. October — , 18 — . The board of school directors met this day, at , and entered into a written agreement with K. L. for the building of a school house, said K. L. furnishing allele materials, for which he is to receive dol- lars, to be paid when said building is completed. A. B., Chairman. Attest: C. D., District Clerk. • October — , 18 — . If The board of school directors this day met at , when it was resolved to call a special meeting of the voters of the district, at , on the day of this month, to determine whether a tax shall be levied to purchase a school apparatus and fuel. Said meeting to be organized at o'clock. A. B., Chairman, Attest: C. D., District Clerk. October — , 18 — . At a special meeting of the voters of this district, held pursuant to public notice, at , Mr. N. was chosen chairman, when S. T. presented the following resolutions to the meeting for its consideration: 1. Resolved, That the sum of dollars be as-^,^**^ sessed for purchasing school apparatus. 2. Resolved, That the sum of (iolkT^t)^ as- sessed for the purpose of purchasing fu^l; ^ Upon putting the question, the first resolut carried, voting in the affirmative, and the negative. ' f The second resolution was carried by a uhanimous vote. •" • M. N., Chairman. C. D., District Clerk. " V-* f y November — , 18t-% The board of school directors this dav helPa'meet- ing at . J. K. appeared, and niaae afTplication to be employed as a school teacherA)ro;i(acing to the board a certificate of qualification|^r(^ tlii|| sc^iool examiners of this county. Wherespon n^was agj.eed that said J. K. be employed fo Xt^^ \ school foi%ft term of months, to comm^iice the •ftS^^f this month, at the rate of dollars per month, as per written agreement enterfed inta h^wefnttie board and said J. K., this day. ^ '» Ordered that the district treasurer purchase a*mall terrestrial globe, and also a map of the state-of Ohio, for the use of the school. • A. B., Chairman. Attest: C. D., District Clerk. Form of a notice for an annual District Meeting. The householders and resident tax payers in school Notice for an- ,. . -.T . , . . , r nual meeting, district JNfo. — , m township, in the county oi , will take notice, that the annual district meeting will be held on the — day of September next, that being the third Friday of that month, at . The meeting will be organized at — o'clock, — , at which time and place the annual report of the school direc- 104 tors will be presented and read, and directors 11 be elected, to supply the places of those whose jie,ajjj;eth is jlaj. vacant; and such other business will bentTa^^ted as the meeting may determine. C. D., District Clerk, 11 Spec: iDg, Will give iboaufl^ lie t^^^Pw^C NoTE^When the directors determine to call a s]^cial Jrrcj?ting of the district, the clerk will grve t^ejj^y ^<(}'s notice, in form similar to the abj rym^jT to suit the circumstances of each cz e district clerk having to officiate in the^ capad^.y^f clerk and treasurer, it will be necessary that tl«^ai5ti;k;t records should exhibit the situation of the disosct ibnds, as well as the proceedings of the district} n/eetre|gs,\nd the meetings, proceedings, and ord^rg^ theLbtfpd. Hence it will be necessary for th^istiTct clerjt JiDjAiKii a district account book.} lOS; ooo _ooo psooo ^s m in in 5^ ei •O £ u a a •;:; T3-0 'Z^ 2 2 -a _:^ -H -3-0-0 L. i-< ^_, o ca :;? ii f f • *< ly o ^ ^ ~o o ^o C >n in m o (3 Ui C o u 1-1 : 2 \ 1 • Q. . n, k • J3 IS ■ 1 (0 • . ? a ': 1 1- • to • * M 3 • ( 1 a • B • ^ V .9-^ L> . /7 V -=2 2 M ^1 c-r S ■ a f a " " ml 03 -a °TD ■3 ^ t- I- S a> 0) OJ ^ J) -3 c:! _ »-Z > Li -a &-. - ^ aa ' - 00 I- "C 1 rt a a. cd S < • •^ C3 i;-a .2 -5 ■w "5 (u "^ c " '~ a => Sbx. c a.-3 11 s ?, aj ^^ mT ^2-5 ^ a 01 o_ gsz 5 H 00 >> fS — 3 1 Form of a die trrot account book. > 106 .^ V. I oo o o ■* ■* » o ^ o u 00 oo bt . • c J3 C3 Q ' S -^ 5>i a S = a Oo o S < Ooo ^ ^ 3 O w 3 3 « O -£ ba a 2 "-3 •p =* c a> «-= o I « 1^ 107 Form for a report by school directors to an annual district meeting on the third Friday of September, The directors of school district, No. — , in Form of annu- township, county, Ohio, report, that there have dis'tna direc- been taught, in this district, during the past year, ^°''^" common schools, making, in all, — months. Of that time — months were taught by male teachers, and — months by female teachers. The average number of scholars attending the schools taught* by male teachers, was — ; and the average number. attending the schools taught by female teachers, was ■^. The average wages paid, per month, was, to malff teach- ers, dollars, and to female teachers, dollars. Of the amount paid for tmlli^n, the sum of dol- lars was paid by the dir^tors, out of the common school fund, to male teachers; and, out of the same fund, to female teachers, the sum of dollars; the balance was paid by subscribers to the schools. The amount received by this district, during the last year, from the public fimds of ajl descriptions, for tuition, has been dollars; and there remains in the treas- ury, of said funds, the sum of dollars. The branches taught were reading, writing, arith- metic, and . There have been built, in the district, within the last year, school houses, for which there was paid the sum of dollars, and leaving a balance of dollars still due. There has, also, been paid for repairs of school houses, the sum of dollars, together with dollars for school apparatus, fuel, &c., all of which is of record on books of the board, and of the district treasurer. A. B., C. D., E. F., Directors. 108 [Note, — To the above, the directors will add such other matters as shall present themselves in the course of their official service; such as the general condition of the schools, embracing the deportment of both the teachers and the pupils, and all matters which they may^deem proper to be submitted to parents, and others, interested in the advancement of learning, &c., and the improvement of morals among youth.] Enumeration of loliite youth between the ages of four and timnty one years, residing in district No. , of township , between four and twenty one. Oc- tober, 18 — . Names of parents or guardians. Names of chil*- reh. 1 Males. Females. Total num- ber. A. B. D. E. F. G. 1 1 1 1 00 1 1 4 i I certify the above to be a correct list of the white youth in district No. , of township, for the year Id — . October— ,18-. C. D., District Clerk. 109 f^ 5m »- c 1 1 , <*s b^^ > C ^ tun « ^1^ 8 ■«>» ^ a, A. fe o -^ ^ S « to s R w 5i 1 V- Q? o* r. (^ r >» fM c! 05 tu rt o o o s s o o o d tM "c *J 'iPz >.2 .cQ m "rt ooo ooo c o s g 3 ^ d ^ m °^=5 "3 ooo o 'S-a g ooo o o c ■■£ "a oco o S ooo o ^.b ^ CO '^ c • ^M m S:d _QJ ooo o .5 a) "3 ooo c O "^ ^.S J3 3 o U-4 aox o d^4c4 S E rt ^ ^ o m C (Q B 2 -a o >< O S3 < ^ « M 5S .S.E.S 'S5 *ro 'a (U O 1> X) ^ Xi SEE 3 3 3 00^ Form of enu- meration re- turn. ■5 r oCi ■200 0.-I 110 Annual report of the condi- tion of sciiools. ^ « ■^ ^« 5^ ^ ^ •IV3& e]^■^ xci Xq pasiBj pnnj Suipijnq jo junoiuv in siqj jjinq sasnoq {ooqos }o jsog s •iva/i siiji jjinq S9snoq jooqos jo aaqiunj^ - •JBaXgqj m ■qiTAV jqgnBj uaaq gAcq sjooqos sqjuoui JO jaqiunj^ •* S 00 •spunj oiiqnd UT!qj SU1391U jgqio luojj sj8qoB8i oj piBd junoiuy E tL4 o o 00 •spun} ojiqnd uiojj sjooqos liouiujoo JO si9qoB3j p]Bd junotuy 6 1 o o •aouBpnant; XiiT3p m jaquinu dSviaAy o •p&JOJ -na sJBioqos jo jaquin^ E r'" s to in 00 f JO saSe aqj uaaMiaq qino/i 8iU|M JO iaqiunf»i s o i ir> 00 E - - •sa| -aj pun ea]Biu Xq joujsip jqSnu) spoqas uomuioo Jaq BUI UI uiri^ N Ill DISTRICT TREASURERS. 1. District treasurers shall pay over all moneys on District treas- the order of the board of directors ; shall keep a sep- over all mo- arate book of their accounts as district treasurer, in order of the di- which shall be entered all receipts and disbursements; '^^°^°'"^' '^^■ and, at the expiration of their term of office, shall de- liver to their successors all books, papers, vouchers, &c. Sec. 7, page 9. 2. Shall collect all district taxes in the same man- To collect dis- • 1 1 r- 1 11 • r . , trict taxes, re- ner as is provided tor the collection ol county taxes, port deiinquen- 0168 (SlC When such taxes, levied on land, shall not be paid, and ' personal property cannot be found, district treasur- ers shall report such delinquencies to the county aud- itor. Sec. l^page 9. 112 —I in .-1 o o 00 C7-. w I) S C - , I- C3 ^ — Oi IE '•> . ~ "2 '^ S 2 . • :; = a i l^ 0^ qj 3 > P Oh ^£^^ = o ""S • 5 " •■ o. ■ •^ ^Ji § . _c5 -C T> -^ -^ *j O to r* ir^ 0^ , . C "l^ r- ^ . ^ " o K Si-S -K -' W. <->* ^+-« -^ ■*— Q **^ QJ «•- mSCj/^ ji S la c O t/1 01 m cz^ rt C3 o o u t., ^ - - - - C2 - - - o a Js. o ■ -a 'rV. cs _ n E-S 3 bD 3 C C o £■« C "M. " - 03 W 1 1 • 1 , district treas- treasurer, who shall periorm the same duties, and be urers. under the same liabilities, as other district treasurers. Sec. 36, page 25. POWERS AND DUTIES OF THE PEOPLE. 1. Householders shall meet in each school district Annual meet ingot house- on the third Friday of September, annually, on notice, holders. and elect three directors. Sec. 6, page 6. 8 114 School privi- leges to be equal. May vote to borrow money, &c.; — Wiio entitled to vote. Distribution, &c.. of taxes. Schoil houses exempt from execution. Provision as to German schools. 2. All white youth, between the ages of four and twenty one years, shall have equal privileges in all common schools. Sec, 51, page 31. 3. Voters in any school district may vote for bor- rowing money to erect school houses. Sec. 5B,page 34. 4. In all elections for school purposes, resident tax payers and householders shall be entitled to vote. Sec. 62, page 36. 5. Where districts shall be composed of parts of two or more townships, taxes shall be distributed to that part whose township voted the tax. Sec. 80, page 40. 6. School houses shall not be sold on execution. Sec. B9,page 42. 7. Youth may attend German school out of their districts, whether an English school be taught therein or not. Sec. 9'2,page 43. Must hive a certificate. Keep records. Same subject. COMMON SCHOOL TEACHERS. No person is perm.itted to teach a common school, under the system established by law in this state, without first obtaining from the board of school ex- aminers a certificate of qualification and moral char- acter. Nor is any teacher permitted to teach any branches not mentioned in such certificate. Such teachers must keep a book of records, in which shall be enroled the names of all pupils attend- ing school, their ages, the date when they commence, the length of time they continue, and keep a table showing the average attendance ; and shall, once in three months, make an abstract from said record, to be deposited with the district clerk. Sec. 10, page 11. In cases where schools are taught on account of subscriptions, in aid of school fund, the teachers shall 115 keep a separate record of the number of scholars, to- gether with the names of the parents and guardians of each scholar; and, when necessary, shall verify said record by oath, and deliver the same to the clerk of the proper school district. Sec. 50, page 30. Teacher^s General Register, % in si a No. a 1 1 8 g 1^ Branches 'S, o <4-i O la taught. cu < < Q Eh 1 A.B. 10 January 1. Iqr. Reading, 2 CD. 9 — " — . Iqr. writing, 3 E F. 9 — iqr. arithmetic, 4 G.H. 7 — — — . *qr. &c. &c. &c. 5 I. J. — 11 — — . iqv. Teacher's gen- eral register. 116 Daily register. C cu !?-< in a 3 -la -•^ O O li^ Tj< (3 -a 3 02 — 1 >> C3 -a m 3 -a 1^^^^ a> c T3 a -a 3 «S r-l r- ■"*■ -1 d d a -a c o d oi S3 ^. "3. 3 S3 e 3 12; rl W CO -"^ in Bh 53 Efl ^ o- ^ So £ c 01.2 15 JJ hs 117 Teacher's Quarterly Report to the District Clerk. Quarterly report of A. B., teacher in district No. of township, county, ending with the — day of , 18 — : The whole number of scholars enroled for the quarter, was males, and females. The average number in daily attend- ance, was . The branches taught were . A. B., Teacher, October 1, 18—. 9:5= NOTE. 435 On examining the foregoing pages, after they were printed off, I observed that a form for a District Treasurer's bond had been omitted. The form pre- scribed for a Township Treasurer will, however, an- swer by varying the character of the obligor and the (duties to be performed. For which, see page 90. I mmmmmmmmmm^ 1