Vote to be taken in establishing such schools.

notice to be given.

them, as the public interests may require; and in case of the establishment of such graded schools, it shall be the duty of the board so to classify the children of the township as to secure to all as far as practicable an equitable participation in the advantages thereof; and the board shall designate the subdistricts by numbering them, and schools of a higher grade than primary, shall be known by the appellation of central or high schools.

§ 21. Whenever, in the opinion of the board of education, it shall become necesary or desirable to provide one or more such central or high schools in their respective townships, the said board shall estimate the probable cost thereof, and call a special meeting of the qualified voters of the township and who are not residents of any of the territory or districts named in the first section of this act, over which the jurisdiction of the township and local directors is excluded, at the usual place of Twenty days holding elections, first giving twenty days' notice of the time and object of holding such meeting, by posting the same in some public place in each of the several sub-districts of the township, in which notice the amount or rate of tax as esti mated by the board shall be stated, and the electors, when convened in pursuance of such notice, shall decide by vote, any questions which may be deemed important in relation to the cost and location of the building or buildings, or other provi sions necessary for the establishment of any such school, and also the amount of township tax which may be levied for the purpose; and the chairman and clerk of the board shall be the chairman and clerk of the meeting, and the clerk shall record in the records of the board the action of the meeting, and the board shall be governed by the direction and vote of said meeting in relation to the subjects or matters so submitted.

Officers of meeting.

ANNUAL ESTIMATES TO BE CERTIEIED BY THE BOARD.

§ 22. It shall be the duty of the board of education in any organized township of the State, annually to determine by estimate, as nearly as practicable, the entire amount of money necessary to be expended in the township for school purposes other than for the payment of teachers, and also such additional amount as the board may think necessary, not exceeding two mills on the dollar valuation of the taxable property of the

township, for the exclusive purpose of sustaining teachers in the central or high schools, or for the purpose of prolonging, after the state funds have been exhausted, the terms of the several sub-district or primary schools in the township, or for both purposes, as the board may adjudge best, which several amounts of money so estimated, the board shall make known by certificate in writing, on or before the first Monday in June in each year, including any tax which may have been voted by a special meeting of electors as provided in the preceding section, to the auditor of the proper county, who shall thereupon assess the entire amount of such estimates on all the taxable property of the township not included in any city or incorporated village or territory annexed thereto forming any special district, to be entered by said auditor on the tax duplicate of the county, and collected by the county treasurer at the same time and in the same manner as state and county taxes are collected; and when collected shall be paid over to the treasurer of the proper township, on the order of the county auditor; and said county treasurer shall be entitled to receive for collection, one per cent. on all moneys by him collected for school purposes, and no more.

§ 23. The township board of education shall have power, when in their opinion justice and equity require it, to estimate separately the cost of purchasing a school house site and erecting or repairing a school house thereon, in any particular subdistrict of the township wherein the inhabitants have not heretofore borne a reasonable share of the burden of taxation for such purpose in comparison with other sub-districts in the township, and certify such portion as they may deem just and equitable, of the amount of such estimate to the county auditor of the proper county, together with a map of the lands and names of the tax payers in any such sub-district, which amount so certified shall be assessed by the auditor on the property therein subject to taxation, and placed on the county duplicate, specially, and be collected and paid over in the same manner as other school taxes, and be applied for the specific purpose of providing a school house in such sub-district.

Funds to be

paid out on or

der of clerk,
except teach-

ers.

How teachers

paid.

of funds.

DISBURSEMENT OF SCHOOL FUNDS.

§ 24. All school funds which may come into the hands of the township treasurer, from whatever source, shall be paid out only on the order of the clerk of the board of education, under the direction of the board: except in paying teachers for their services, the said clerk may, on such teachers' presenting their certificates of qualification, and depositing with the clerk true copies thereof, draw the requisite orders on the treasurer for such amount as may have been certified to be due by any two of the local directors of the proper sub-dis Disbursement trict in which the teacher was employed; and so much of the school moneys coming into the hands of the treasurer, as may be derived from the state tax, or from any township tax levied for the continuation of schools after the state fund has been exhausted, shall be applicable only to the payment of teachers in the proper township, and shall be drawn for no other purpose whatever; and all school funds made applicable to the payment of teachers only, shall be distributed to the several sub-districts and fractional parts thereof, in the township, in proportion to the enumeration of scholars, with the exception of so much of the township tax as may have been levied and reserved by the board for sustaining teachers in the central or or high schools; and such school funds as arise from the sale or rents of section sixteen, or other lands in lieu thereof, shall be distributed to the localities to which such funds belong. All other school funds of the township, not raised for the central or high schools, nor made applicable to the payment of teachers, as aforesaid, shall be applied, under the direction of the board, in repairing, building or furnishing school houses, in procuring school house sites, and in making such other provisions for schools in the sub-districts of the proper township, as may in the opinion of the board be necessary; and each township board shall make the necessary provisions for continuing the schools in operation in their respective townships for at least seven months in each year.

To provide for

seven months

school in each

sub-district.

Duties of
clerk, &c.

DIVISION OF DUTIES AND LIABILITY OF CLERK.

25. The clerk of the board of education, or any one more of the board designated for that purpose, or the acting mana

ger of schools of the township, may do and perform all such duties and services connected with the interests of schools as the board may direct, and report the same to the board for their action and approval; and it shall be the duty of the clerk of the board to keep a full record thereof in connection with the records of the other official proceedings of the board, and in case of failure to keep such record or other records required by this act, the clerk of the board shall be liable in a civil action for all loss or damages that may ensue to any person or persons or to the school district, in the name of such person or persons, or board of school directors, as the case may be, and shall moreover be liable on complaint filed in the name of the State of Ohio, before any justice of the peace or other court having jurisdiction, to a fine not exceeding one hundred dollars, which, when collected, shall be paid over to the treasurer of the proper township for the benefit of schools.

SETTLEMENT WITH TREASURER.

§ 26. It shall be the duty of the board of education to make settlement with the township treasurer at their regular session in April annually; but if for want of time or other reason a settlement cannot be made at said session, then it shall be the duty of the board to appoint a committee composed of one or more of their own members to make such settlement as soon as practicable, and report the result to the clerk of the board, who shall record an abstract thereof in the records of the board.

TREASURER, AND HIS DUTIES.

§ 27. The township treasurer in each township shall be the treasurer of all school funds for school purposes belonging to the township, arising from whatever sources, and on his election, and before entering upon the duties of his office, he shall give bond with sufficient security in double the probable amount of money that shall come into his hands, payable to the State of Ohio, to be approved by the trustees of the township, conditioned 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 such bond it shall be the duty of the township clerk to prosecute and collect the same for the use of the schools in the township; if such township clerk shall

Board to setship treasurer

tle with town

Duties of surer-to give township treabond-its con

dition, &c.

When township clerks to

prosecute.

Certificate to be furnished auditor.

Settlement of auditor and treasurer.

tificate.

Treasurer to deliver over

neglect or refuse so to prosecute, then any freeholder may cause such prosecution to be instituted.

§ 28. Before the county auditor shall issue to the township treasurer any order on the county treasurer for the payment of any school funds belonging to the township, such township treasurer shall furnish the auditor with a certificate from the township clerk, that such treasurer has executed and filed with him a bond, as provided for in the foregoing section, and also stating the amount of said bond, and the auditor shall in no case permit the township treasurer to have in his hands at any one time an amount of school funds over one-half the amount of the penalty in such bond; and the township trustees shall allow the township treasurer a compensation equal to one per cent. on all school funds disbursed by him, to be paid on the order of the trustees out of the township treasury.

§ 29. The township treasurer shall annually between the first and twentieth of February, settle with the county auditor and account to him for all moneys received, from whom and on what account, and the amount paid out for school purposes in Auditor's cer- his township; the auditor shall examine the vouchers for such payments, and if satisfied with the correctness thereof, shall certify the same, which certificate shall be prima facie a discharge of such treasurer; and at the expiration of his term of service, said treasurer shall deliver over to his successor in books, papers, office, all books and papers with all moneys or other property in his hands belonging to said township, or the schools therein, and also all orders he may have redeemed since his last annual settlement with the county auditor, and take the receipt of his successor therefor, which he shall deposit with the township clerk within ten days thereafter, and for making such annual settlement he shall be entitled to receive the sum of one dol lar, to be paid out of the county treasury on the order of the county auditor.

&c.

Treasurer's receipt, &c.

Penalty against township treasurer.

§ 30. In case the township treasurer shall fail to make such annual settlement within the time, as prescribed in the preceding section, he shall be liable to pay a fine of fifty dollars, to be recovered in a civil action in the name of the State of Ohio, and when collected, to be applied to the use of common schools in the proper township; and it is hereby made the duty of the county anditor to proceed forthwith in case of such failure by suit against such treasurer, before any justice of the peace of