support of the Criminal Court of Galveston and Harris counties for the fiscal year commencing September 1, 1870, and ending August 31, 1871:

For salary of one judge, at $3,500..

$3,500

SEC. 2. This act take effect and be in force from and after its passage.

Approved August 13, 1870.

CHAPTER LXVIII.

AN ACT TO ESTABLISH A SYSTEM OF PUBLIC FREE SCHOOLS FOR THE STATE OF TEXAS.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That a Superintendent of Public Instruction shall be appointed by the Governor, by and with the advice and consent of the Senate, to continue in office, under such appointment, until the first general election of State and county officers, and until his successor is elected and qualified. At the first general election a Superintendent of Public Instruction shall be elected. He shall hold his office for four years; he shall receive an annual salary of twentyfive hundred dollars; in case of vacancy by death or otherwise, in said office, it shall be filled by appointment of the Governor, until the succeeding general election.

SEC. 2. The Superintendent of Public Instruction shall, from time to time, as required, recommend necessary legislation to a complete system of education, adapted to the circumstances of the people of the State. He shall furnish the Legislature, at each session thereof, a report of all the free schools in the State, their condition, and the progress of education, and the working of the system, and suggest such changes as he may deem necessary. Whenever required, he shall furnish either House such information as may be desired, in relation to the public schools of the State. He shall have his office at the seat of government. He shall decide all controversies arising out of or relating to public free schools of the State. He shall recommend to boards of school directors and teachers the most approved methods of teaching and discipline, and books to be used. He shall furnish to boards of directors, teachers, tax assessors and county treasurers, all necessary forms and blanks required for the management of schools, and the receipt and dis

bursement of all the school funds of the State, and the taking of the census of the scholastic population of the State. He shall ascertain the amount of the school fund of the State for annual distribution, and see that the same is duly distributed to the several counties, according to the scholastic population, by the State Treasurer. He shall report annually to the Legislature the amount of the school fund, and the disposition of the same. The fiscal scholastic year shall be the same as the fiscal year of the State Treasury.

SEC. 3. That each organized county in this State shall be a school district, and the County Courts thereof shall be ex-officio boards of school directors for their respective counties. Said boards shall have the following powers:

1. To divide their counties into as many sub-districts as may be necessary for public convenience.

2. They shall locate as many school-houses in each sub-district as the interest of the scholastic population may require, and the amount of the school fund belonging to the county will justify.

3. They shall levy and have collected, when necessary, an ad valorem tax on the taxable property of the county, not exceeding one per cent., for the purpose of building shool-houses, under their supervision; cach sub-district to have the benefits of the taxes paid by its own citizens, in the erection of school-houses.

4. They shall appoint a suitable number of school trustees in the county; at least one board of trustees; each board to consist of three persons, suitable and competent, to each sub-district.

5. They shall appoint three competent persons as school examiners, to examine persons who wish to teach, as to competency, sobriety and good moral character, and to give them certificates of recommendation.

6. They shall require all parents and guardians, in their respective counties, to send their children and wards to some public school, unless taught by private teachers, or in some other school or seminary of learning, at least four months in each year, under the penalty of forfeiting interest in the school fund for the time being.

7. All difficulties arising in any of the public free schools of this State shall be reported by the trustees to the proper board of directors, and said board shall have power to settle the same. In order to do this, they may remove teachers or expel students for insubordination; and when, in their opinion, the harmony and success of the school require it, they may make any separation of the students or school necessary to insure success, so as not to deprive any student or students of scholastic benefits, except for such misconduct as demands expulsion.

8. They shall make such rules, regulations and by-laws for the government of schools as may seem to them best for the interests of education in their respective counties, not inconsistent with the Constitution and laws of this State, to insure justice, equality and impartiality to all the scholastic population of their respective counties. 9. Said board of school directors shall faithfully and impartially discharge and perform all the duties required of them by this act. Said board shall be allowed the same fees or (C per diem pay for services, under this act, that they are allowed for similar services as a Police Court, to be paid out of the county treasury.

SEC. 4. The presiding justice of the Police Court, as soon as the scholastic census shall have been taken and the tax for building school-houses assessed, and annually thereafter, as required, shall report to the Superintendent of Public Instruction the number of children of scholastic age in the county and in each sub-district; the number of schools in operation in the county and in each sub-district; the amount of taxes assessed, and how appropriated. He shall give the Superintendent any other information, from time to time, as required, and for such services he shall be allowed reasonable compensation, to be fixed by the other members of the County Court, to be paid out of the treasury of the county.

SEC. 5. The board of school directors shall be subject to the rules and directions and supervision of the Superintendent of Public Instruction.

SEC. 6. Each board of trustees shall, under the direction and supervision of the board of school directors, aid and assist in locating and building school-houses in their sub-districts to the greatest advantage to the people interested; they shall employ tachers, and, when necessary, assistant teachers, for not less than four months in the year-none to be employed as teachers except such as have certificates of recommendation from the board of school examiners of the county; they shall have the control of the school-house or houses assigned to them by the district bcard; they may discharge a teacher for incompetency, immorality, neglect or misconduct in school; they may give all necessary certificates or vouchers to teachers that may be necessary for them to draw the amount due them for services rendered; they may, and it is hereby made their duty to visit, inspect and supervise the school under their charge, subject always to the supervision of the superintendent and board of the district.

SEC. 7. The board of trustees, in employing teachers, shall have discretion as to the price and terms of tuition per month, allowing twenty days to the month, to be ascertained by the day-book of the teacher, of the time each student actually attended, the day-book to

be approved by the board of trustees. On approving such claim against the school fund, the trustees shall give an order on the county treasurer in favor of the teacher for the amount due, to be paid out of the school fund in his hands, or when said treasurer may be in funds, to pay the same.

SEC. 8. Private teachers and others not employed by the trustees of the sub-district in which the student resides, shall conform to the foregoing section of this act, in order to share in the school fund of the district; such private teachers, however, shall be subject to examination, as provided in section three of this act; provided, that nothing contained in this section shall authorize the payment of any portion of the school fund to any private teacher or other person not employed by the trustees of a school district wherein there shall be a public free school; and provided further, that no sectarian doctrines shall be taught in said private schools.

SEC. 9. The school trustees herein prescribed shall be appointed annually; they may be removed by the district board for cause, spread on the minutes of the court, and others may be appointed until the end of the term.

SEC. 10. The taxes herein required to be levied for the purpose of building school-houses, shall be assessed and collected as other county taxes. When collected they shall be paid over to the county treasurer, subject to the order of the County Court.

SEC. 11. The tax assessors of each county shall, every year, take the scholastic census of their respective precincts, and the several school districts therein, and shall transmit a copy thereof to the State Treasurer, under their official signature, and file a like copy in the office of the district clerk of the county; and from this list the County Court shall apportion the school funds of the county among the sub-school districts, according to their scholastic population.

SEC. 12. The State Treasurer shall keep a record of the number of children of scholastic age in each and every county in this State, and a correct account of the school fund due the several counties; and at the commencement of the fiscal year, he shall distribute to the several counties the amount due them, according to the scholastic population. He shall report to the Governor annually the condition of the school fund, and the distributions made to the several counties; the amount due the several counties to be paid to the county treasurer for the use of the public free schools of the counties respectively.

SEC. 13. The Treasurer of the State may authorize the collection of taxes for the several counties, to pay the whole or a part of the taxes collected for school purposes to the county treasurer for the

use of the county, and the receipt of the treasurer of the county shall be a sufficient voucher, on settlement with the tax collector, for the amount so paid.

SEC. 14. All school funds, derivable from whatever source, shall be paid into the treasury of the State, or county treasury when originating in the county, and shall be exclusively appropriated to the payment of teachers, and the salary of the superintendent and clerk, and other incidental fees for collecting and disbursing as may be provided by law.

SEC. 15. County treasurers shall keep a record of all money received on account of the school fund, and of all money paid out, to whom, and for what purpose paid, and at what date, and shall make annual report to State Treasurer.

SEC. 16. The English branches of education shall be taught in the public free schools of this State; and the school examiners shall not recommend any person as a teacher who is not competent and well qualified to teach said branches, especially spelling, reading, writing, arithmetic, grammar and geography, and who is not of good moral character and sober habits; and the board of school directors may permit in any public school in their respective counties that, in connection with the English branches of education, any foreign language may be taught.

SEC. 17. The salary of the superintendent shall be paid quarterly, and he may employ a clerk at a salary not exceeding twelve hundred dollars, if, in his discretion, the duties of the office require it.

SEC. 18. Free public schools shall be taught at least four months in each year, and they may be taught for a greater period if the amount of school fund is sufficient, or if the citizens of the district by subscription or advancement will supply the deficiency; and every child between the ages of six and sixteen years shall attend a public school at least four months in each year, unless it be prevented by sickness; provided, that when any of the scholastic inhabitants may be shown to have received regular instruction for said period of time in each and every year, from any private teacher having a proper certificate of competency, this shall exempt them from the operation of this section.

SEC. 19. All moneys now standing to the credit of the "school fund" in the treasury of the State, and all lands heretofore surveyed and set apart for establishing a primary school or academy in the several counties of this State; and all sums of money that may come to this State hereafter from fines and forfeitures, set apart by law for school purposes, or from the sale of any portion of the public domain of the State of Texas; and all sums now due