In force April 15, 1905.]

[Acts 1905, p. 491. 5953. Special school tax.-12. The trustees of the several townships, towns and cities, shall have the power to levy a special tax, in their respective townships, towns or cities, for the construction, renting or repairing of school houses, providing furniture, school apparatus, and fuel therefor, and for the payment of other necessary expenses of the school, including tuition and teachers' salaries, whenever in any current year the tuition funds shall have been exhausted; but no tax shall exceed the sum of fifty (50) cents on each one hundred dollars ($100.00) worth of taxable property, and one dollar ($1.00) on each poll, in any one year, and the income from said tax shall be denominated the special school revenue.

This act amends section 5953, Burns' R. S. 1901.

[Acts 1903, p. 409. In force April 23, 1903.]

5955. Local tuition tax.-1. That the school trustees of the several townships, towns and cities shall have power to levy annually a tax not exceeding fifty cents on each one hundred dollars of taxable property and twenty-five cents on each taxable poll, which tax shall be assessed and collected as the taxes of the state and county revenues are assessed and collected, and the revenues arising from such tax levy shall constitute a supplementary tuition fund, to extend the terms of school in said townships, towns and cities after the tuition fund apportioned to such townships, towns and cities from the state tuition revenues shall be exhausted: Provided, however, That should there be remaining in the tuition fund of any township, town or city levying such tax at the close of any school year any unexpended balances of such supplementary tuition fund assessed and collected for use in such school year, or previous years, equal to or exceeding in amount one cent upon each one hundred dollars of taxable property in said township, town or city, then it shall be the duty of the county auditor to take notice of the same, and at the time when the trustee or trustees of such school corporation shall make the annual levy for such tax such trustee or trustees shall make, under oath, an estimate of the amount of supplementary tuition fund that will be required to meet the actual expenses of the schools for the next school year, and from such estimate said auditor shall deduct the unexpended balance of such fund in such trustee or trustees' hands on the first Monday in July, and the said trustee or trustees shall make a levy not larger than shall be sufficient to produce a supplemental revenue equal to the amount remaining of such sworn estimate after such unexpended balance shall have been deducted therefrom.

This act supersedes section 5955, Burns' R. S. 1901, such section being specially repealed by section 2 of this act.

Only unmarried persons between the age of six and twenty-one years are to be enumerated as school children, and persons must be enumerated in the township where they reside. Weir v. State, 161 Ind. 435.

5959a. Transfer of pupils.

The act of 1901, sections 5959a-5959e, Burns' R. S. 1901, providing for the transfer of children from one school corporation to another, is constitutional. Kerr v. Perry Tp., 162 Ind. 310.

When mandate will lie to compel the admission of a pupil to a school who has been transferred to such school, and pleading and practice in such cases. Weir v. State, 161 Ind. 435.

[Acts 1903, p. 15. In force February 6, 1903.]

5960a. Orphans' homes, transfer of children.-1. That dependent children in orphans' homes or custodial institutions for dependent children in this state shall be educated by the township trustee or school board of the corporation in which the custodial institution or orphans' home is located. That a transfer certificate shall be issued by the trus tee or school board where such child has a legal settlement, for each dependent child in such custodial institution or orphans' home, and sent to the proper school officer or officers of the school corporation where said custodial institution or orphans' home is located: Provided, That in the event of a transfer of a child from one custodial institution or orphans' home to another, a new transfer certificate shall be issued. That each school corporation thus transferring a child or children shall be credited at the end of the school year on its transfer account to the amount of the annual per capita distribution made by the state superintendent of public instruction when such child has been enumerated in the custodial institution or orphans' home. That account shall be kept by the custodial institution or orphans' home of the actual school days each child is an inmate of said custodial institution or orphans' home. and the same reported to the proper school officers where said institution is located at the end of the school year. That each dependent child in custodial institutions or orphans' homes in this state shall be enumerated where it is at the time the enumeration is taken, whether it be in the child's own school corporation or the school corporation where the custodial institution is located, but said enumeration shall not change the legal settlement of any such child.

5960b. Paying tuition.-2. That the school corporation in which such child has settlement shall pay out of the special school fund of said corporation to the school corporation in which said institution is located, as tuition for said child, an amount equal to the annual per capita cost

of education, in the corporation to which said child is transferred, or such a part of it as the child or children are actually school residents of the corporation to which they were transferred: Provided, That the rate of tuition per month shall not exceed one dollar and fifty cents. In calculating the per capita cost, only expenditures for current year, not including permanent improvements and additions, shall be counted. 5960c. Appeal when transfer denied.-3. If an order of transfer be denied to the school corporation in which the said custodial institution or orphans' home is located, said school corporation by its proper officer or officers may appeal the case to the county superintendent of schools of the county denying said transfer. Either school corporation by its proper officer or officers may appeal from the decision of the county superintendent of schools to the state superintendent of public instruction, within sixty days, by filing a written statement of the case and serving written notice upon the other contesting corporation.

5960d. Payments, when made.-4. The indebtedness for tuition between school corporations arising from the provisions of this act shall be due and payable February 1st and July 30th of every year. If any school trustee or board of school trustees or commissioners refuse to pay any sums claimed by another corporation as due, the creditor corporation shall make written statement of the case to the county auditor, who shall have power to hear and determine the matter. If he hold that a given sum is due the complaining corporation, he shall, in the next semiannual distribution of school revenues, withhold such sum from the amount otherwise due the debtor corporation: Provided, That unpaid tuition claims arising between corporations of different counties shall be adjusted by the state superintendent of public instruction, through the apportionment of school revenues.

5960e. Agreements as to pay.-5. Nothing in this act shall be construed to abridge the right of trustees, boards of trustees or commissioners of two or more corporations to enter into written agreements to educate the transferred children of their respective corporations for a charge less than that named in section two of this act, nor shall this act apply to children maintained in any institution supported out of the state treasury.

County treasurers, in receiving and disbursing state school funds, exercise state functions, and counties are not responsible for such funds. Wood v. State, 155 Ind. 1.

5973. County auditor's apportionment.

If a county treasurer refuses to pay to the proper person on demand school funds apportioned to any school corporation, such payment may be compelled by mandate. Wood v. State, 155 Ind. 1.

When cities are indebted to the constitutional limit, the school trustees can not create an indebtedness for the purpose of purchasing grounds and erecting school buildings. Scott v. City of Goshen, 162 Ind. 204.

Statutes providing for the government of schools in cities containing a designated number of inhabitants are violative of the provisions of the constitution prohibiting the passage of local and special statutes. Campbell v. City of Indianapolis, 155 Ind. 180.

A statute providing for the issue and sale of bonds for school purposes, by cities or towns that have a population of not more than 4,545, nor less than 4,540, are in violation of the constitution prohibiting local or special legislation, and is void. School City of Rushville v. Hayes, 162 Ind. 193.

5976. Use of proceeds of bonds.

If the treasurer of a board of school trustees of a town fails to file an additional bond when he receives money raised by the sale of school bonds, the sureties on his general bond as such treasurer will be liable for the proper application of such money. Hogue v. State, 29 App. 621.

5978. Condition before building.

If the school trustees of a city are about to contract for building a school house when the city or school corporation does not have money to pay for the same, and the city is indebted to the constitutional limit, such trustees may be enjoined from letting such contract and creating an indebtedness against the school corporation. Scott v. City of Goshen, 162 Ind. 204.

The school authorities have power to direct that branches of learning shall be taught in the public schools in addition to the branches mentioned in the statute. Myers Pub. Co.v. White River Tp., 28 App. 91.

If a township trustee purchases music charts, and places them in school houses where they are used by pupils, such action amounts to a direction by the trustee for teaching music in the schools. Myers Pub. Co. v. White River Tp., 28 App. 91.

5988. Teachers, employment, dismissal.

Objections by school voters to the employment of a school teacher must be made before the teacher is employed, and school trustees are not required to notify school patrons of their intention to employ a teacher before he is employed. Rumble v. Barker, 27 App. 69.

Injunction will not lie on behalf of a county superintendent to prevent a township trustee from paying a teacher for teaching a school because such teacher did not have a license. McGreggor v. State, 31 App. 483.

5989a. Written contracts with teachers.

Contracts for the teaching of schools must be in writing, and no recovery can be had on a verbal or implied contract. Lee v. York Tp., 163 Ind. 339; Taylor v. School Town, 33 App., 675.

What is necessary to constitute a written contract with a school teacher. Taylor v. School Town, 33 App. 675.

[Acts 1903, p. 528. In force April 23, 1903.]

5989c. Wages of teachers.-1. That the daily wages of teachers for teaching in the public schools of the state shall not be less in the case of beginning teachers than an amount determined by multiplying two and one-fourth (214) cents by the scholarship given said teacher on his highest grade of license at the time of contracting; and after the first school term of any teacher, said teacher's daily wages shall not be less than an amount determined by multiplying two and one-half (22) cents by the general average of scholarship and success given the teacher on his highest grade of license at the time of contracting; and after three years of teaching said wages shall not be less than an amount determined by multiplying two and three-fourths (234) cents by the general average of scholarship and success given the teacher on his highest grade of license at the time of contracting: Provided, That two (2) per cent. shall be added to a teacher's general average of scholarship and success for attending the county institute the full number of days and that said two (2) per cent. shall be added to the average scholarship of beginning teachers.

This section amends section 5989c, Burns' R. S. 1901, but the title of this act does not seem to cover all the provisions of the act.

5989d. Wages of exempt teachers.-2. All teachers now exempt or hereafter exempt from examination, shall be paid as daily wages for teaching in the public schools of the state not less than an amount determined by multiplying two and three-fourths (234) cents by the general average of scholarship and success given said teachers: Provided, That the grade of scholarship counted in each case be that given at the teacher's last examination, and that the grade of success counted be that of the teacher's term last preceding the date of contracting.

5989e. Penalties, recovery.-3. All school officers shall comply with the provisions of this act and shall pay the teachers employed by them no less than such amount as shall be determined by sections 1 and 2 of this act. School officers who shall be adjudged guilty of violating any