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SEC. 12. Copies of all papers deposited or filed in the office of the Territorial superintendent of common schools and all acts and decisions of such superintendent shall be certified by him, and, when so certified, shall be evidence equally and in like manner as the originals.
SEC. 13. That there shall be elected, at the general election in the year 1859, and every year thereafter, a county superintendent, who shall hold his office for one year, and until his successor is elected and qualified.
SEC. 14. It shall be the duty of the county superintendent of common schools, within ten days after he shall have been notified. of his election or appointment, to execute, to the board of county supervisors of his county, and file with the county clerk, a bond, with one or more sufficient securities, to be approved by said clerk, by indorsement over his own signature on said bond, with a penalty, as near as can be ascertained, of double the amount of all school moneys to come into his hands during the term of his office, and conditioned for the faithful application and legal disbursement of all such school moneys, according to law, and for the faithful discharge of the duties of his office; and, in case such bond shall not be executed, approved and filed, as prescribed by this section, the office of such county superintendent shall be deemed vacant.
SEC. 15. It shall be the duty of the county superintendent of of each county: First, To divide the county into a convenient number of school districts, and to regulate and alter such districts, as provided in this act: Second, To describe and number the school districts, and to file the description thereof and numbers, in writing, in his office, immediately after the formation or alteration thereof: Third, To apply for and receive, from the county treasurer or any person authorized to disburse the same, all moneys apportioned or levied for the use of common schools. in his county: Fourth, To apportion the school moneys he may receive, on the first Monday of April, in each year, to the several districts and parts of districts within the county, in proportion to the number of children residing in each over the age of five and under the age of twenty-one years, as the same shall have appeared from the last annual report of their respective clerks : Fifth, To see that the annual reports of the clerks of the several school districts in his county are made correctly and in due time: Sixth, To sue for and collect, in his name of office, all penalties and forfeitures imposed in this act, which shall be incurred by
any officer or inhabitant of his county, in respect to which no other provision is made.
SEC. 16. It shall be the duty of the county superintendent, Report to Terribetween the first and fifteenth days of October, in each year, to make and transmit to the Territorial superintendent a report, in writing, bearing date on the first day of October, in the year of its transmission, stating: First, The whole number of school What report districts separately set off within the county: Second, The districts and parts of districts from which reports shall have been made to him or his immediate predecessor in office, within the time limited for that purpose: Third, The length of time a school shall have been kept in each of such districts or parts of districts, distinguishing what portion of that time the school has been kept by qualified teachers: Fourth, The amount of public moneys received in each of such districts or parts of districts: Fifth, The number of children taught in each, and the number of children over five and under the age of twenty-one years residing in each: Sixth, The whole amount of moneys received by him or his predecessor in office since the date of the last preceding report: Seventh, The manner in which such moneys have been expended, and whether any and what part remains unexpended, and for what cause: Eighth, The amount of money raised in the districts and paid for teachers' wages, in addition to the public money paid therefor; the amount of taxes raised for purchasing school sites, for building, hiring, purchasing, repairing and insuring school houses, for fuel, or for any other purpose allowed by law, in the districts or parts of districts from which reports shall have been received, by him or his predecessor, since the date of the last preceding report, with such other information as the Territorial superintendent may, from time [to time,] require.
SEC. 17. No money shall be apportioned to any district or part of district, unless it shall appear by the report thereof that & school has been taught therein for at least three months, during the year ending at the date of such report, by a qualified teacher, and that all school moneys received, during that year, from the school fund have been applied to the payment of the wages of such teacher.
district to receive
SEC. 18. The county superintendent in each county shall keep Keep account of a just and truo account of all school moneys received and expended by him during each year for which he shall have been chosen, and shall lay the same before the board of county supervisors, at the annual meeting of such board, in each year.
Shall account to successor of previous years transactions in ten
Balance paid to
Successor to bring suit when.
Power of county tribunal.
Compensation of county superintendent.
Alterations of districts.
Money apportioned and not used.
SEC. 19. The county superintendent in each county shall, within ten days after the termination of his office, render to his successor in office a just and true account, in writing, of all school money received by him during the preceding year, and of the manner in which the same shall have been appropriated and expended by him, and the account so rendered shall be delivered by such successor in office to the county clerk, to be filed and recorded in his office.
SEO. 20. On rendering such account, if any balance, shall be found remaining in the hands of such county superintendent, the same shall immediately be paid by him to his successor in office.
SEC. 21. Such successor in office shall bring a suit upon the official bond of any previous county superintendent, for the recovery, with interest, of any unpaid balance of school money that shall appear to have been in his hands on leaving his office, either by the accounts rendered by such county superintendent or by other sufficient proof.
SEC. 22. The tribunal transacting business in each county shall have power to take and hold any property transferred to them for the use of common schools in such county.
SEC. 23. The county superintendent shall be entitled to receive such compensation as shall be allowed by the tribunal transacting county business, per day, for every day actually and necessarily devoted by him, in his official capacity, to the service of the county for which he may be chosen, the same to be paid in like manner as other county officers are paid.
SEO. 24. If, after the time when the annual reports of the school districts are required to be dated and before the apportionment of school money shall be made, a district shall be duly altered, or a new district formed in the county, so as to render an apportionment founded on such annual report unjust as between two or more districts of the township, the county superintendent shall make an apportionment to such district, according to the number of children in each over the age of five and under the age of twenty-one years, ascertaining the number by the best evidence in his power.
SEC. 25. All money apportioned by the county superintendent to any district or part of a district, which shall have remained in the hands of said county superintendent for one year after such apportionment, by reason of such district or part of district neglecting or refusing to receive the same, shall be added to the money next thereafter to be apportioned by such county superin
tendent to the several districts and parts of districts in such county and apportioned therewith.
dates for teach
SEC. 26. It shall be the duty of the county superintendent to Examine candiexamine, annually, all persons offering themselves as candidates ing and give cerfor teachers of common schools in his county, in regard to moral character, learning and ability to teach school, and he shall deliver, to each person examined and found qualified, a certificate, signed by him, in such form as shall be prescribed by the Territorial superintendent, which certificate shall be in force for one year from the date thereof, unless annulled within that time; and any person having such certificate shall be deemed a qualified teacher within the meaning of this act.
tificate given by
SEC. 27. The county superintendent may annul any such cer- May annul certificate given by him or his predecessor in office, when he shall predecessor. think proper, giving at least ten days previous notice, in writing, to the teacher holding it and to the district board of the district in which he may be employed, of his intention to annul the same. SEC. 28. The annulling of a certificate shall not disqualify the Teacher to be notteacher to whom it was given, until a note, containing the name of the teacher and the time when his certificate was annulled, shall be made by the county superintendent and filed in his office.
SEC. 29. It shall be the duty of the county superintendent to To visit schools, visit all the common schools provided for in this act, within the county in which he holds his office. At such visitation, he shall examine into the state and condition of such schools, both as respects the progress of the pupils in learning and the good order of the schools, and may give his advice and direction to the board of directors and teachers of such schools, as to the government thereof and the course of studies to be pursued therein.
SEC. 30. The county superintendents of common schools shall Establish disestablish school districts within their respective counties, as soon as practicable, after a petition for that purpose, signed by a majority of the voters residing within such contemplated district shall have been presented to the superintendent of the county in which such contemplated district may be situated, who shall file a plat of such district in his office.
SEC. 31. Whenever a school district shall be formed in any s duty on county, it shall be the duty of the county superintendent of such district. county, within fifteen days thereafter, to prepare a notice of the formation of such district, describing its boundaries and appointing a time and place for the first district meeting, and have said notice posted in at least five public places in the district, ten days prior to the time appointed for said meeting.
Who may vote at meetings.
When district deemed organized
Districts bodies ourporate.
SEC. 32. Whenever a district meeting shall be called, in the manner prescribed by this act, it shall be the duty of the electors of the district to assemble at the time and place mentioned in such notice.
SEC. 33. Each organized township in the county shall be an original school district, until the same shall be divided into separate districts by the county superintendent.
SEC. 34. Every white male inhabitant, of twenty-one years of age or upwards, who shall reside in any school district at the time of holding any district meeting therein, shall be entitled to vote at such meeting.
SEC. 35. If any person, offering to vote at a school district meeting shall be challenged, as unqualified, by any legal voter in such district, the chairman presiding at such meeting shall declare, to the person challenged, the qualifications of a voter; and, if such challenge shall not be withdrawn, the chairman shall tender him the following oath or affirmation: "You do solemnly swear (or affirm) that you are an actual resident of this school district, and that you are qualified by law to vote at this meeting." Any person taking such oath or affirmation shall be permitted to vote on all questions proposed at such meeting; but, if any person refuse to take such oath or affirmation, his vote shall be rejected.
SEC. 36. Every school district shall be deemed duly organized when any two of the officers elected at the first legal meeting thereof shall have consented to serve in the office to which they have been respectively elected by a written acceptance, filed with and recorded by the county superintendent.
SEC. 37. Every school district organization, in pursuance of this act, shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of school district No. (such a number as may be designated by the county superintendent,)
name of the county in which the district is situated,) and in that name shall sue and be sued and be capable of contracting and being contracted with, and holding such real and personal estate as is authorized to be purchased by the provisions of this act, and of selling the same.
SEC. 38. An annual meeting of each school district shall be held on the last Saturday of September, of each year; the hour of such meeting shall be two o'clock in the afternoon, unless otherwise ordered by the district. Special meetings may be called