CHAPTER XXV.

SCHOOL PROPERTY.

School-houses, how provided, repaired, furnished, etc.—The board of education of any district is empowered to build, enlarge, repair and furnish the necessary school-houses, purchase or lease sites therefor, or rights of way thereto, or rent suitable school-rooms, and make all other necessary provisions for the schools under its control. It is the duty of the directors, under such rules and regulations as the board of education may prescribe, to provide fuel for schools, build, enlarge, repair, and furnish school-houses, purchase and lease sites therefor, rent school-houses, build and keep in good repair all fences inclosing school-houses, plant shade and ornamental trees on school grounds, and make all other provisions necessary for the convenience and prosperity of the schools within the subdistrict; and the board of education is held responsible for all contracts made by the directors when such contracts are made in accordance with the rules and regulations, or any resolution of the board.1 3987.2

'Under the school act of March 14, 1853, the township board of education has power to designate the particular place where the school-houses in sub-districts shall be built; and the powers which, in this respect, the statute confers on the local directors of a sub-district are to be exercised in subordination to the paramount authority of the township board of education. Hughes v Board of Education, 13 Ohio St. 336.

Where a township board of education had resolved to sell the old site of a sub-district school-house, and had purchased a new site, and notifying the local dsrectors of the sub-district of their action in the premises, instructed them to sell the former, and to build a new school-house on the latter, and the local directors, disregarding such instructions, proceed to build a new schoolhouse on the old site, and keep up a school therein: Held, that the local directors were guilty of such insubordination and "As amended, 82 Laws, 86; and 83 Laws, 84.

No. 133.. FORM OF DIRECTORS' CERTIFICAte for IncidENTAL

made and entered into, furnished the school-house, in subdistrict No. of said township; and there is due to him the sum of

(Date.)

(Amount.)

dollars.

Directors.

Appropriation of lands for school purposes.-In every case where it may be necessary to procure or enlarge any school-house site, and the board of education of any township are unable, from any cause, to agree with the owner of the land sought to be obtained, as to the purchase thereof, the board must cause an accurate survey, plat, and description of the premises to be made, and file the same with the probate judge of the county; and thereupon the same proceedings of appropriation are to be had as are provided for the appropriation of private property by municipal corporations. 3990.

Resolution to appropriate. - The method of procedure

neglect as to justify the township board of education in exercising the powers and duties which would otherwise devolve on the local directors, and in building a school-house on the new site, and employing a teacher therein, and such teacher is entitled to be paid his wages out of the township treasury, on the order of the township board. The State ex rel., etc. v. Lynch, 8 Ohio St. 347.

A board of education is not liable in its corporate capacity for damages for an injury resulting to a pupil while attending a common school, from its negligence in the discharge of its official duty in the erection and maintenance of a common school building under its charge, in the absence of a statute creating a liability. Finch v. Board of Education, 30 Ohio St. 37.

required in cities and villages, under the act named, is first to pass, by a vote of two-thirds of all the members of the council, a resolution to appropriate the desired property. 2234.

No. 134. FORM OF RESOLUTION TO APPROPRIATE PROP

ERTY.

Resolved, two-thirds of all the members elected to this board concurring therein, and declaring the same to be necessary, that the board of education of township

being unable to agree with the owner of the premises hereinafter described as to the purchase thereof, hereby declares its intention to condemn and appropriate to the public use, for a sight for a school-house in the

subdistrict of said township (or say, to enlarge the grounds of the school), and hereby condemns and appropriates to such public use, for school purposes, the following described property, to wit (here describe the property by metes and bounds, as surveyed). And the president and clerk of this board are hereby authorized and instructed to institute the necessary proceedings, and to apply to the court for an inquiry and assessment of the compensation to be paid for such property.

Application to the probate court.-The next step after the passage of the resolution to condemn, is to make application to the court to assess the compensation due the owner for the land appropriated. For such purpose the board may demand the assistance of the prosecuting attorney of the county. 2236.

Plaintiffs represent that, by a resolution passed by the board of education of township, on the day of

A. D. 18 the yeas and nays being taken, and two-thirds of the members elected to such board concurring therein, did declare that it was necessary to condemn and appropriate to the public use, for school purposes, and declaring its intention so to do, did condemn and appropriate to the public use, for the purpose of a sight for a school-house in the sub-district of said township, the following described property, to wit (here insert the description of the property as contained in the resolution).

Plaintiffs further represent, that the several parties mado defendants in this action own, and claim to own, or have some interest in or title to, the property proposed to be taken for the public use, for school purposes, and that plaintiffs are unable to agree with said owners upon the purchase of said premises.

Wherefore, plaintiffs ask the court to cause a jury to be impaneled for an inquiry and assessment of compensation, to be paid by the said board of education for said property, condemned as above set forth, and designated as shown on a plat filed herewith, and made part hereof.

And plaintiffs ask that, upon payment into court, or to the proper owners, defendants herein, of an amount of compensation, equal to the sum so assessed as the value of the parcels of ground above described, the appropriation of such land may be allowed and possession awarded it, according to law; and that the court will divide the sum so paid, or order its distribution, among the several claimants, in respect to their interests in the property.

(Signed by the president of the board or the prosecuting attorney.)

Further proceedings in appropriation.-The defendants. should be duly served with notice of the application, in the same manner that service of summons is usually made, and five days must elapse after the date of service, as shown by the return of the sheriff, before a jury can be

impaneled. On the day named in the application, if all the defendants have been duly served at least five days previously, the parties applying should appear in the probate court and ask to have a jury impaneled, which, being done, the jury should be sent to view the premises, and then the hearing of testimony as to the value of the property may proceed. In such cases, two questions only are to be determined by the jury: 1. The value of the land appropriated, without reference to any benefits that may arise from the proposed improvement by the township; and 2. How much, if any, less valuable the remainder of the property will be rendered by reason of the appropriation. These two sums added together will give the amount to which the owner is entitled. After the verdict is returned, the court should make an entry, finding the amounts due the different defendants, directing the time and manner of payment, and of putting the township into possession of the property. The board may, at any time within six months after the date of the verdict, secure the property by the payment of the amount of the verdict into court, or to the defendants; but if the money is not paid within that period, the verdict ceases to be of any effect, and the owner can not be compelled to accept the amount thereof for his land. For further information as to the proceedings in such cases see the Revised Statutes, sections 2232 to 2260, inclusive.

Vote taken as to issuing bonds to buy land or build.-Whenever the board of education of any township may determine that it is necessary to purchase ground or build a school-house, or to do either, and that such purchase or building will require a greater tax than they are authorized to levy, and that to provide means it will be necessary to issue bonds, such board must make an estimate of the probable cost of such site, and such school-house, or either; and at a general or special election, giving ten days' notice, by posting in five of the most public places of the township, stating the time, place, and object of the election, must submit to the voters of the township the folowing