ayes and nays upon any question, and thereupon the clerk must call the roll and record the names, as above stated. 3982.

Vacancies, how filled.-Vacancy in the township board of education is required to be filled by the election of a clerk by the directors of the proper sub-district; and a clerk of a sub-district who is guilty of gross neglect of duty forfeits his office, and a new election must be held by the directors to fill the same. 3981.

Members to receive no compensation.-It is unlawful for the members of any school board, except the clerk or treasurer, to receive compensation for their services; and any person violating either of these provisions, may be prosecuted therefor and punished, as for embezzlement. 3974, 6975.

Process, how served.-The process in all suits against any board of education must be by summons, and served by leaving a copy with the clerk or president of the board. 3976.

Prosecuting attorney to act as counsel.-It is the duty of the prosecuting attorney of the county to act as counsel of the board in suits brought by or against them in their official capacity, and to prosecute all actions which are brought under the revised statutes, against any member or officer of the board, in his individual capacity. No prosecuting attorney can be a member of the board of education.1 In counties having a county solicitor it is made the duty of that officer to perform the above-mentioned duties of the prosecuting attorney, without additional compensation. 3977.

Board to make rules.-The board of education is required to make such rules and regulations as it may deem expedient and necessary for its government and the government of its appointees and pupils. 3985.

'Boards of education are authorized by law to adopt and enforce necessary rules and regulations for the government of the schools under their management and control. Sewell v. Board of Education. 29 Ohio St. 89.

Where instruction in rhetoric was given in any grade or de partment of such schools, and one of the rules adopted by the 179 Ohio Laws, 26.

Meetings. No meeting of a board of education not provided for by its rules or by law will be legal, unless all the members have been notified as herein above set forth. 3985.

Bequests on condition may be accepted.-The board may, by resolution, accept any bequest made to them by will upon the conditions and stipulations contained in the will; and for the purpose of carrying out the conditions and limitations upon which the bequest is made, they are authorized to make all rules and regulations that may be required to fully carry into effect the provisions of the will in relation to the bequest.' 3975.

Vaccination may be enforced.—The board may make and enforce such rules and regulations to secure the vaccination of, and to prevent the spread of small-pox among the pupils attending or eligible to attend the schools of the district, as in its opinion the safety and interest of the public require; and the township trustees are required, on application of the board of education of the district, to provide, at the public expense, without delay, the means of vaccination to such pupils as are not provided therewith by their parents or guardians. 3986.

board for the government of the pupils therein provided that if any pupil should fail to be prepared with a rhetorical exercise, at the time appointed therefor, he or she should, unless excused on account of sickness or other reasonable cause, be immediately suspended from such department: Held, that such rule was reasonable. Ibid.

Where the teacher of such department, with the consent of the board, for a failure to comply with the rule or to offer any excuse therefor, suspended a pupil until he should comply with the rule, or offer a reasonable excuse for his non-compliance, neither the board of education nor the teacher is liable in damages therefor. Ibid.

A devise to be applied to the youth of a township, named, which is afterward divided, will be applied for the education of youth residing in the territory that formed the township when the will was made. Board v. Ladd, 26 Ohio St. 210.

CHAPTER XXIV.

SCHOOLS.

Duty of board to provide free schools.-Each board of education must establish a sufficient number of schools to provide for the free education of the youth of school age, within the district, at such places as will be most convenient for the attendance of the largest number of youth, and may also establish one or more schools of higher grade than primary schools, whenever they deem it proper or necessary, and after the establishment of the latter they can not be discontinued under three years from the time of the establishment thereof, except by a vote of three-fourths of the members of the board of education.1 4007, 4009.

Township board to establish certain number of schools, etc. -Each township board of education must establish at least one primary school in cach sub-district of the township; and must continue each day-school established by them not less than twenty-four, nor more than forty-four weeks in each school year. 4007.

School year, week, and month.-The school year begins on the 1st day of September of each year, and closes on the 31st day of August of the succeeding year. The school week consists of five days; a school month of four school weeks. 4016.

Children's homes and infirmaries.-The boards of education of the district in which a children's home or orphan asylum exists, or may be established by law, and of districts in which a county infirmary is located, when requested by the trustees of such home or asylum, or the directors of such infirmary, are authorized and required to establish in such institution a separate school, so as to afford to the children therein, so far as practicable, the advantage of a common-school education. The schools so stablished are to remain under the care and control of 179 Ohio Laws, 37.

the board of education, and be continued in operation in such infirmaries each year until the full share of all the school funds of the district belonging to such children, on the basis of enumeration, has been expended; and at such homes or asylums not less than forty-four weeks, and if the distributive share of school funds to which such school at any home or asylum is entitled by the enumeration of children in the institution, is not sufficient to continue the school the length of time required, the deficiency must be paid out of the funds of the institution. The board can incur no expenses for the support of such schools, other than the payment of teachers. All other necessary matters and things must be provided by the county commissioners. 4010.

Text-books.-The board of education should, at a regular meeting, by a vote of a majority of all its members, determine the studies to be pursued, and the text-books to be used; and no text-book may be changed within five years after its adoption without the consent of three-fourths of the members of the board. given at a regular meeting.1 Each board of education is authorized to purchase, at the lowest wholesale or contract prices, such necessary school books and supplies as may be determined by the board, and furnish the same to pupils in its schools, at cost price, and to pay for the same out of the contingent funds. 4020.2

German language; all branches must be taught in English.-When it is demanded, in writing, by seventy-five resident freeholders of any township, representing not less than forty pupils entitled to attend such school, who, in good faith, desire and intend to study the German and English languages together, the board of education must cause the German language to be taught in any school under its control; but nothing in the law is to be construed as pre

1 The constitution does not enjoin or require religious instruction, or the reading of religious books, in the public schools of the state. Board of Education v. Minor, 23 Ohio St. 211.

The legislature having placed the management of the public schools under the exclusive control of directors, trustees, and boards of education, the courts have no rightful authority to in terfere by directing what instruction shall be given, or what books shall be read, therein. Ibid.

"As amended, 82 Laws, 142.

venting the board from causing the German or other language to be taught in any of the schools, and all branches must be taught in English. The demand for instruction in the German language must be made at a regular meeting, and prior to the beginning of the school year. 4020, 4021.

Icwers of beard.- management and control of the public schools of the township, which are or may be established according to law, is vested in the board of educaSon.1 4017.

Employment of teachers.—The directors may employ the teacher or teachers of the school or schools in their subdistrict. They may also dismiss any appointee for sufficint cause, and have power to fix the pay of teachers, which pay may be increased, but not diminished, by the township board, and must not, in any one year, exceed the aggregate amount of money to which the sub-district is entitled for the purpose of tuition for such year. 4018.

Teachers can not be employed without certificate.-It is required that no person shall be employed as a teacher unless such person has first obtained from a board of examiners, having competent jurisdiction, a certificate of a good moral character, and that he or she is qualified to teach orthography, reading, writing, arithmetic, geography, English grammar, and the history of the United States, and possesses an adequate knowledge of the theory and practice of teaching; and in case such person is required to teach other branches than those specified above, he or she must

1 Under the act of March 14, 1853, as amended April 17, 1857: Held, that where a township board of education entered an order that teachers should not be employed by the local directors at a greater compensation than $20 per month, and the local directors employed a teacher at a compensation of $30 per month, and certified the amount due to him at that rate, to the township clerk, it became the duty of that clerk to draw an order upon the township treasurer in conformity with such certificate. The Stato ex rel. v. Wilson, 11 Ohio St. 326.