1838.

Superintend

fice for two

SEC. 3. Be it further enacted, That the superintendent of public instruction shall hold his office for two years, and until his successor shall be appointed and qualified; and shall, before entering upon the discharge of his duties, enter into bond ent to hold ofwith good and sufficient security, to be approved of by, and years--to give made payable to the Governor of the State, in the sum of bond and take $25,000, conditioned for the faithful discharge of the duties of his office, and shall take an oath to support the constitution of the United States, the constitution of the State, and an oath of office.

SEC. 4. That branch of his duties which relates to the common schools, shall be, amongst other things, to prepare and submit an annual report to the Legislature, containing a full and comprehensive statement of the amount and condition, together with plans for the improvement and management of the common school fund, and such other matters relating to his office, and to common schools, as he shall deem expedient to communicate; he shall prepare suitable forms and regulations for making all reports, and conducting all necessary proceedings under this act, and shall cause the same, with such instructions as he shall deem necessary and proper for the better organization and government of the common schools, to be transmitted to the proper officers required to execute the provisions of this act throughout the State.

oath.

Duties of Superintendent.

Further duties

ent,

SEC. 5. It shall also be the duty of the superintendent of public instruction, with the aid and advice of the board of education, to apportion the school money, to be annually distri- of Superintendbuted amongst the several counties of the State, and the share of each county amongst its respective school districts on the terms and conditions hereinafter provided.

To make re

SEC. 6. The superintendent of public instruction shall certify each appointment made by him to the Auditor of Public ports, &c. Accounts, and shall give immediate notice thereof to the clerk of the county court of each county interested therein, stating the amount of moneys apportioned to his county, and to each school district therein, and the time when the same will be payable to the commissioners of said county.

SEC. 7. It shall be the duty of the superintendent of public instruction to keep his office in the town of Frankfort, or some town or city within sixty miles thereof, and he shall be paid an annual salary of $1,000, from the interest on the school fund, to be paid quarterly.

Where his of

fice to be kept.

SEC. 8. Be it further enacted, That the county courts of Duty of counthis State shall, upon the application of the school commis- ty courts. sioners, direct the surveyors of their respective counties, with such other competent persons as may be deemed necessary to execute the provisions herein contained, to be elected by a majority of the justices present, to divide their respective counties into a convenient number of school districts, each district to contain not less than thirty, nor more than one hundred children, between the ages of seven and seventeen

1838.

County courts to take sense of

voters in school districts upon

levying tax, &c

Five com

of

missioners schools to be appointed

each county.

years, and to return a report of the same, with the necessary explanations, to the clerks of their respective county courts, on or before the first day of September following, whose duty it shall be to record the same, and return a certified copy thereof, immediately thereafter, to the superintendent of public instruction: Provided, That the commissioners in laying off their respective counties into school districts, may, in their discretion, lay off the towns, and the immediate vicinity of their respective counties, into one or more school districts, so that they shall not have less than thirty, and may have more than one hundred children in each district.

SEC. 9. Be it further enacted, That the county courts, after receiving notice, as herein provided, of the amount of moneys apportioned to their respective counties, by the superintendent of public instruction, are hereby authorized and required to take the sense of the citizens authorized to vote, by this bill, in each of their respective school districts at such time as the county court may appoint, as to the expediency and propriety of adopting the system in such district, and of the propriety of levying a sum upon the taxable estate in such districts, sufficient, when added to the proportion to which said district shall be entitled out of the State fund, to defray the expenses of a common school in said district; and if a majority of all the persons voting in said district shall be in favor of the systsm, then the provisions of this act, and all others hereafter to be enacted, upon the same subject, shall be in force in such district as may adopt the system in manner aforesaid.

SEC. 10. Be it further enacted, That five competent persons, to be styled the commissioners of common schools, shall be appointed in each county, by the board of education, who in shall continue in office for twelve months, and until their successors shall, in like manner, be appointed; and it shall be the duty of said commissioners to aid and superintend the dividing of their respective counties into school disiricts, under the provisions of the 8th section of this act; to give the necessary notice, and superintend the voting in each district, required by the 9th section of this act, and certify and report the result thereof to the board of education, after having recorded the same in a book to be kept by them for the purpose. SEC. 11. Be it further enacted, That it shall be the duty of Duties of com- said commissioners-1. To apply for, and receive from the superintendent of public instruction, all moneys apportioned for the use of common schools in their county, and from the sheriff' of the county, all moneys raised therein, for the same purpose, as soon as such moneys shall become payable, or be collected. 2. To apportion the same among the school districts, according to the number of children between the ages of seven and seventeen years. 3. To make to the Board of Education full and complete reports, between the first day of October, and the first day of December, in each year, containing-1. The whole number of school districts and neighborhoods, separate

missioners

schools.

of

1838.

ly set off, within their county. 2. The districts from which reports have been made to the commissioners, or their predecessors in office, within the time limited for that purpose. 3. The length of time a school shall have been kept in each of such districts, distinguishing what portion of the time the school shall have been kept by qualified teachers. 4. The amount of public moneys received in each of such district. 5. The number of children taught in each, and the number of children over the age of seven years and under seventeen years, residing in each. 6. The whole amount of moneys received by the commissioners, or their predecessors in office during the year ending at the date of their report; distinguishing the amount received from the State fund, from the sheriff of the county, and from any other, and what source. 7. The manner in which such moneys have been expended, and whether any, or what part remains unexpended, and for what cause. SEC. 12. Be it further enacted, That the commissioners of common schools appointed under this act, shall be a body corporate and politic, and by the name of the commissioners of common schools, of the county for which they may be appoint- dy politic. ed, may sue and and be sued, contract and be contracted with, and may hold possession of, and enjoy to them and their successors, property, real and personal, to an amount not exceeding, at any one time, fifty thousand dollars, to be held to the use of the common schools of the county, and for no other purpose whatever.

SEC. 13. Be it further enacted, That when the share of school moneys apportioned to a county, or to any school district in said county, is lost by the neglect of the commissioners, the commissioners guilty of such neglect, shall forfeit to the county the full amount, with interest, of the moneys so lost; and for the payment of such forfeiture shall be jointly and severally liable: and it shall be the duty of the attorney for the county, upon notice of such loss from the superintendent of public instruction, or the clerk of the county court, to prosecute without delay, in the name of the Commonwealth, for such forfeiture, and the moneys recovered, shall be distributed and paid by such county attorney, to the several districts, in the same manner as it would have been the duty of the commissioners to have distributed and paid them, if received from the proper sources.

SEC. 14. Be it further enacted, That the commissioners of common schools, in each county, shall, within fifteen days after the termination of their respective offices, render to their successors in office a just and true account, in writing, of all school moneys by them respectively received, before the time of rendering.such account, and of the manner in which the same shall have been appropriated and expended by them; and the account so rendered, to be kept and recorded by them, in a book for that purpose; and every commissioner who shall refuse or neglect to render such an account, or who shall re

Commissioners to be a bo

Commissioners to be liable

for amount of money allotted,

for neglect of duty, &c.

Duty of com

missioners upon termination

of their offices; penalty for failing to perform

same.

1838.

ined; how and by whom.

fuse or neglect to pay over to his successors in office any balance in his hands, or deliver a statement of the appropriation, if any there be, of such balance, shall, for each offence, forfeit the sum of one hundred dollars, to be recovered and appropriated as provided for in the foregoing sections of this act; and in case of the death of such commissioner, suit may be brought against his representatives, and all moneys recovered shall be applied in the same manner as if they had been paid over without suit.

SEC. 15. Be it further enacted, That it shall be the duty of Persons of the commissioners of common schools, in conjunction with fering as teach the trustees of the common schools, to be appointed as hereers to be exam- inafter provided, to examine all persons offering themselves as candidates for teaching in the common schools, for such county; and if they shall be satisfied in respect to the qualifications of the candidate, they shall deliver to the person so examined, a certificate signed by them, in such form as shall be prescribed by the superintendent of public instruction.

Public meet

SEC. 16. Be it further enacted, That it shall be the duty of the commissioners, within twenty days after they are apings in districts pointed, or as soon thereafter as may be convenient, to give to be adverti- ten days' notice, by advertisement, at at least three public places in the different districts of their respective counties, appointing the time and place for public meetings in such districts.

sed.

Trustees to be

elected, and clerk and col

lector to be appointed.

to school fund.

SEC. 17. Be it further enacted, Whenever any district meeting shall be called, in the manner prescribed in the 18th section of this act, it shall be the duty of the inhabitants of the district, qualified to vote in the State elections, to assemble together at the time and place mentioned in the notice, who, so assembled in such district meeting, shall have power, by a majority of the votes of those present, to appoint a chairman for the time being; to adjourn from time to time, as occasion may require; to elect five trustees; to appoint a district clerk and collector; and to lay such a tax on the taxable inhabitants of the district, as the meeting shall deem sufficient for school purposes.

SEC. 18. Be it further enacted, That no school district Upon what shall be entitled to any portion of the school moneys derived terms districts from the common school fund, until the common school thereshall be entitled in shall have been regularly organized, a school house procured at the expense of the inhabitants thereof, and a tax levied upon the inhabitants thereof, when added to the sum to which said school district shall be entitled from the Common School fund, will be equal to the expenses of the school in said district; and in order to ascertain the sum to which each district shall be entitled, the whole number of white children over seven and under seventeen years of age, shall be ascertained by the county commissioners, once in each year, in such mode as they may prescribe, and reported to the superintendent at such times as the Board of Education may prescribe; and the

amount shall be apportioned to each district in each county, according to the number of such children so reported, and paid over to the county commissioners when due.

1838.

Duties of

SEC. 19. Be it further enacted, That it shall be the duty of the trustees of Common Schools: 1. To give notice in writing to the commissioners of common schools, of the organiza- Trustees. tion of the district schools. 2. To purchase, or lease a site for the district school house, as designated by a meeting of the district, and to build, hire or purchase, keep in repair, and furnish such school house with necessary fuel and appendages, out of the funds collected and paid to them, for such purpose, and to have the custody, and safe keeping of the district school house. 3. To contract with, and employ all teachers in the district. 4. To pay the wages of such teachers, when qualified, out of the moneys which shall come into their hands from the commissioners of common schools, so far as such moneys shall be sufficient for that purpose, and to collect the residue of such wages, excepting such sums as may have been collected by the teachers from all persons liable therefor.

SEC. 20. Be it further enacted, That the trustees of each school district shall, after the 1st day of August in every year, and on or before the first day of September thereafter, make and transmit a report in writing, to the commissioners of common schools for such county, dated on the first day of September, in the year in which it shall be transmitted.

Trustees to

make report to commissioners.

What to be

port.

SEC. 21. Be it further enacted, That every such report, signed by a majority of the trustees making it, shall be deliv- specified in reered to the clerk of the board of commissioners, and shall specify-1. The whole time any school has been kept in their district during the year ending on the day previous to the date of such report, and distinguishing what portion of the time such school has been kept by qualiffed teachers. 2. The amount of moneys received from the commissioners of common schools, during such year, and the manner in which such moneys have been expended. 3. The number of children taught in the district during such year. 4. The number of children residing in the district over the age of seven, and under seventeen years of age.

Qualification of teachers.

SEC. 22. Be it further enacted, That no teacher shall be deemed a qualified teacher within the meaning of this act, who shall not have received, and shall not hold a certificate of qualification from a commissioner and the trustees of the common school, in the distrct in which he proposes to each. SEC. 23. Be it further enacted, That all property which may be vested in the trustees of any school district, for the use of be the schools in the district, shall be held by them as a corpo

ration.

SEC. 24. Be it further enacted, That the trustees of each school district shall, on the expiration of their offices, render to their successors in office, a just and true account, in writing, of all moneys received by them for the use of the dis

Property to held by Trustees.

Duty of Trustion of their offices.

tees on expira