di 
 
 LIBRARY OF CONGRESS. 
 
 Chap. iZBA.s:AJ 
 
 Shelf »WiL.... 
 
 \Z^ 
 
 UNSTED STATES OF AMERICA. 
 
SOHOOT^ T^^TV 
 
 OF THE 
 
 TERRITORY OF WASHINGTON, 
 
 PASSED BY THK 
 
 LEGISLATIYE ASSEMBLY 
 
 FIRST BIENNIAL SESSION, 
 
 BEGUN .M<D HELD 
 
 0]>s JMOISTD^V^Vr, DEC «, ISOr, 
 
 TOGETHER WITH THE 
 
 AMENDED LAW OF IHE PREVIOUS SESSION. 
 
 nVB HUNDRED AND FlFrP-€mPlES OliDEltEI) PEESTTED BY THE 
 LEGISLATIVE ASSEMBLY. 
 
 OLYMPIA : 
 C H A S . P R O S C H , 1' R I !< T E R . 
 
 1868. 
 
' 'i U -■'•■■ 
 
SCHOOL LA 
 
 OF THE 
 
 TERRITORY OF WASHING TOxN. 
 
 AN ACT 
 
 IN RELATION TO COMMON SCHOOLS IN ^TASHINGTON TERKITOKY. 
 
 Sec. 1. Directors in certain cases autljorizGc' to levy school tax. 
 
 Tax not to exceed two mills on the (LjlJav on all taxable propeitj- in the 
 district. 
 2. All conflicting provisions repealed. 
 3 1 Act to take effect from pas.^age. 
 
 Skc. 1. Be it enacted hy the Legislative Assembly of the 
 Territory of Washington^ That it sliall be competent for the 
 directors in any school district, after the public money has been 
 expended, upon a petition signed by a majority of all the pa- 
 rents and guardians of the scholars and resident property-holders 
 paying taxes in such district, to levy a tax on all the taxable 
 property in such district, for tlie purpose of defraying the ex- 
 penses of sustaining a school : Provided said assessment shall 
 not exceed two (2) mills on the dollar on all the taxable property 
 in sucli district. 
 
 Sicc, 2. All acts and parts of acts conflicting with this act 
 lie and the same are hereby repealed. 
 
4 SCHOOL LAW. 
 
 Sec. 3. This act to take effect and be iu force from and 
 Jitter its passage. 
 
 Passed the House of EepreseiUatives January 25th, 186S. 
 
 P. B. JOHNSON, 
 
 Sjyeaker oj^the Iloiise of Be^presentatives. 
 Passed the Council January 20th, 186», 
 
 H. G. STEUVE, 
 President of the Council. 
 Approved January 20th, LSOS. 
 
 MARSHALL F. MOORE, ~ 
 
 Governor of Washington Terj'ito'nj. 
 
 AN ACT 
 
 »3TABLI8ITINQ A CM^MMON SCHOOL SYSTEM FOR THE TERRITOKY OF 
 
 WASHINGTON. 
 
 CHAPTER L 
 
 feEC. 1. School fund, how provided. 
 Annual division of interest. 
 
 2. Duty of count}' commisHiouera to lev}* annual tax for school purposes. 
 Appropriation thereof. 
 
 3. Fines, &c., to be added, to be apportioned as school fund. 
 
 4. County auditor to report yearly tex, and clerk of district court and justices 
 
 of the peace to report lines imposed, &c. 
 
 Sec. 1, Be it enacted hy the Legislative Assemlly of the 
 Territory of Washington, That the principal of all moneys 
 accruing to this Territory from the sale of any lands heretofore 
 given or which may hereafter be given by the Congress of the 
 United States for school purposes, shall constitnte an irreduci- 
 ble fund, the interest accruing from which shall be annually 
 <livided among all tlie school districts in the Territory, propor- 
 tionally to the number of children or youth in each, between 
 the ages of four and twenty-one years, for the support of com- 
 
SCHOOL LAW. 5 
 
 iiinn PcliooLs in soid districts, and for no other UBe or piu'posQ 
 Avhatover. 
 
 Skc. 2. For the purpose of establishing and maintaining 
 common schools, it shall be the duty of the county commission- 
 ers of each count}- to levy an annnal tax of tliree mills on a 
 dollar, on all taxable property of the county as shown by the 
 assessment rolls made by the county assessor for the same year, 
 and to include the same in their warrant to the collector, and 
 the said collector shall proceed to collect the said tax in the 
 same manner as other connty tax is collected, and the said 
 money no collected shall be paid over to the county - treasurer, 
 to be appropriated for the hire of school teachers in the several 
 school districts, to^ be drawn in the manner hereinafter pre- 
 scribed ; neither shall it be lawful for any county treasurer to 
 receive county orders in payment for county school tax nor to 
 })ay out any school money on county orders. 
 
 Sec. 3^ For the further support of common scliools, there 
 shall be set apart by the county treasurer, all moneys paid into 
 tlie county treasury arising from all lines for a breach of any 
 law regulating licenses for the sale of intoxicating liquors or for 
 the keeping of bowling alleys or billiard saloons, or from any 
 penal laws of this Territory. Such moneys shall be paid into 
 the county treasury and be added to the yearly school fund 
 raised by tax in each county and divided in the same manner.* 
 
 Sec. 4. That it shall be the duty of the county auditor of 
 each county to report to the county superintendent of common 
 schools, at least twenty days before the first Friday iu Xovem- 
 ber of each year, the amount of school tax levied in their 
 respective counties for that year, and that it be the duty of the 
 clerk of the district court, at the close of every term thereof, to 
 report to the superintendent the amount of fines imposed during 
 said term of court, and that it be the ■ duty of all justices of 
 
 *An act of tlio Assembly, approved Ian. 2:id. 1S68, iirovides " Uiat all licenses granted 
 for tlic s;ile of liquors or the privilege of keeping ferrie?, by Uie county commissioneri of 
 Walla Walla eonnty, shall be paid for to the county treasurer nf said county, and tie 
 funds derived from such licenses tifaall be used for the benefit of the common school, of 
 gaid county.-' 
 
« SCPIOOL LAW. 
 
 the peace to report to tlie superintendent, at least twenty^ daja 
 before the first Friday in November of each year, the amount 
 of fines imposed and collected by them for the past year. 
 
 CHAPTER II. 
 
 COUNTY SUPERINTENDENTS. 
 
 Seo. 1. Of election of county superintendent. 
 
 To be elected at June election, 1867, and tliereafter biennially. 
 Vacancy may be filled by County commissioners. 
 
 Appointed superintendent to qualify as though electsd, and hold office till 
 successor is qualified. 
 2. Superintendent to qualify within ten days after notice of election. 
 Oath of superintendent to be filed with county auditor. 
 
 5. Shall district county so as to include every resident within a district. 
 Shall keep a map in his office; what shall contain. 
 
 To lay off new and divide old districts, when 
 4 Duty of. on erection of new districts. 
 
 Duty of petitioner who has piaycd for new district. 
 
 First scha::;! meeting, aad herein wheu quorum fads to appear, 
 
 6. To attend at county siat to' exami.ie teachers, &c., when. 
 
 If required to attend at other times, parties interested to pay expenf«. 
 Teachers not examined on such regular day to pay two dollars for certifi- 
 cate, 
 
 6. Of examination of teachers, brandies specified. 
 Certificates to be for one year, revocable, however. 
 A certificate may be given for certain distiict only. 
 
 7. Must visit schools at least once a year. 
 
 To give information and introduce uniform books. 
 
 8. To receive and file reports from districts. 
 
 To make out annual report; what it shall embrace. 
 To file said annual report and may publish the same. 
 
 9. At time of annual report to apportion school fund. 
 
 Ratio the number of children between the ages of ftmr and twenty-ont 
 
 years. 
 To notify clerks of districts of respective share due, 
 
 10. When oiders may be issued in lavor of district for said fund. 
 Duties of district clerk in receiving funds. 
 
 Duplicate of receipt to be fded with superintendent. 
 Amount to be charged to district, 
 
 11. Compensation of superintendent twenty-five dollars per annum, • 
 County commissioners niny increase to five hundred dollars. 
 
SCHOOL LAW. ' T 
 
 3«o. 11 . To be allowed for books, stationery anel map. 
 
 12. Superinlendeut to be a qualified teacher, requiriug no cortificdte- 
 
 Sec. 1. There shall be elected by the legal voters of the 
 respective counties in Washington Territory, the county super- 
 intendent of common schools for each county, who shall be 
 elected at the general election of 1867, and at the regular elec- 
 tion held biennially thereafter, who shall hold his office for the 
 term of two years and until his successor is elected or appointed 
 and qualified. And in case of a vacancy occurring in said 
 office by removal, death or otherwise, the county commissionera 
 of each county are authorized to appoint a county school super- 
 intendent as in all other cases of vacancies in their respective 
 counties, who shall qualify in the same manner as the elected 
 superintendent, and perform all the duties of the office accord- 
 ing to this law for the unexpired term for which he was elected, 
 and until his successor is elected or qualified. 
 
 Sec. 2. The superintendent shall qualify witliin ten days 
 after notice of his election, by taking an oath to faithfully dis- 
 charge the duties of his office and to the best of his ability pro- 
 mote the interest of education within his county, which oath 
 shall be in writing, and placed on file in the county auditor^s 
 office. 
 
 Sec. 3. It shall be the duty of the superintendent to dis- 
 trict the whole county so that every resident of the county shall 
 be included in some district, and to divide such portion of his 
 county as shall be inhabited into convenient school districts; to 
 define the boundaries and numbers, and to prepare and keep in 
 his office a map of the districts of the county, upon which the 
 lines and boundaries of each district shall be clearly defined ; 
 ho shall lay oft' new districts or divide old ones wlien the public 
 good shall require it. 
 
 Sec. 4. Whenever any school district shall be fonned by 
 tlie superintendent, it shall be his duty to prepare a notice in 
 writing of the establishment of such district, describing its 
 boutidaries, and to deliver the same to some taxable inhabitant 
 of such district who shall have asked for the formation of th& 
 
8 SCHOOL LAW. 
 
 same. It shall be the duty of eaid inhabitant, within two weeks 
 after the receipt of such notice, to notify the other inhabitants 
 of the district of the time and place of the first district meet- 
 ing, which time and place he shall fix by written notices, aitd 
 which shall be posted up in three public places in the district at 
 least ten days previous to the time of meeting. In case the in- 
 habitants fail to attend in sufficient numbers to do business as 
 hereinafter directed, notice may be renewed at such times a& 
 may be thought proper. 
 
 Sec. 5! It shall be the duty of the county superintendent 
 to be at the county seat on the third Friday and Saturday of 
 May and November of each year, for the purpose of examining 
 teachers and for the transaction of other business, and he shall 
 give ten days public notice of the same by posting up handbills 
 or otherwise. And any person or district applying on different 
 days for the transaction of such business, shall pay the superin- 
 tendent a reasonable compensation for his trouble, not exceed- 
 ing the sum of two dollars, and any teacher examined on a 
 different day shall pay the superintendent the sum of two dol- 
 lars. 
 
 Sec. 6. It shall be the duty of the superintendent to ex- 
 amine all persons who wish to become teachers in his county ; 
 he shall examine them in orthography, reading, arithmetic, de- 
 fining, penmanship, English composition, English grammar and 
 geography, history of the United States, and if he be of the', 
 opinion that the person examined is competent to teach said 
 branches, and that he or she is of good moral character, he shall 
 give such person a certificate certifying that he or she is quali- 
 fied to teach a common school in said county ; such certificate 
 shall be for tlie term of one year only, and may be revoked 
 sooner by the superintendent for good cause, but in the examin- 
 ation of teachers he may make a distinction according to qualifi- 
 cation, granting a certificate of qualification to teach in any 
 specified district, if the applicant therefor be qualified for the 
 school of such district, and not a'county certificate, which certi- 
 ficate so granted shall only be for six months, and may for good 
 clause be sooner revoked. 
 
SCHOOL LAW. ?i 
 
 Sec. 7. The superintendent shall visit all the schools in 
 bis county at least once a year; he shall give such information 
 and encouragement as he may think necessary, and endeavor to 
 promote the introduction of a good and nniform system of 
 wjhool hooks throughout the oounty. 
 
 Sko. 8. It shall .he the duty of the superintendent to re- 
 ceive the district reports hereinafter provided for, and keep 
 them on file in his office, and he shall, on or before the first day 
 of December of each year, make out from the district reports n 
 statement of the n\imber of scholars in the county, the numher 
 «")f school libraries, the number of school houses, the number of 
 districts, in how many districts the school has been kept the pa sf 
 year, what school books are principally used, what propoi'ti'>n 
 ot all the scholars in the eonnty lia,ve Mtended school for the 
 past year, and the amount of money paid to teachers. This 
 statement, together with such other infonnation and suggestions 
 as he may deem important to the cause of education, he shall 
 file in his office, and may, if convenient, publish it in some 
 newspaper in this Territory. 
 
 Sec. 9. It shall be the duty of superintendents, at the same 
 time, to make an apporfionment of the school fund in the 
 <',ounty treasury, among tlie several school districts in their 
 respective counties, in proportion to the number of persons in 
 the district over the age of four and under twenty-one years. 
 and certify the amount due eacb district, which shall be drawn 
 as hereinafter directed, and shall forthwith notify the clerk of 
 the scbool district of the amount due their respective district. 
 
 Sec. 10. When the district shall have complied with the 
 law as hereinafter directed, it shall be the dut}'- of the supo-iii- 
 tendent to issue orders on the county treasury in favo]- of the 
 derks of the district for the amount of the school fund ap[)ro- 
 priated to each, on the presentation of which order, the treas- 
 urer of the county shall pa}^ over to the clerks of the districts 
 all moneys due their respective districts, and the clerks shall 
 endoi^e on said order a receipt for so much as shall be ])ai(l 
 thereon, and they shall also sign a duplicate receipt which shnlj 
 2s L 
 
to SCHOOL LAW. 
 
 be deposited witli the superintendent, who shall credit the trea- 
 sury of the county therewith, and charge the same to the pro- 
 per district. 
 
 Sec, 11. The said superintendent shall be allowed out of 
 the county treasury, in compensation for his services, the sum 
 of twenty-fiYe dollars a year. The county commissionere may,, 
 in their discretion, if they think the services rendered demand' 
 it, increase his salary to any sum not exceeding five hundred 
 dollars a year : Provided^ also^ That a -proper allowance shall 
 be made in addition thereto for necessary books and stationery 
 and for preparing of the map required by section three. 
 
 Sec. 12. The school superintendent of each county shall in 
 all cases be a qualified teacher of any school within the count}? 
 for which he is elected, ^vithout any certificate whatever. 
 
 CHAPTEE IIL 
 
 OF SCHOOL DIRECTOES, CLEEKS AND TEACHEKff:. 
 
 Sec. 1. School meetings to form ne-f distrietsj may be calfed. 
 Five legal voters a quorum. 
 
 2. Sneh sehooJ meetings liave same power as regnlar sc&ool meetings^, 
 
 3. To have a cbaiiman and secretary.. 
 Of election of school directors. 
 
 Cases where an equal number of votes is received determined liy Ifc-'J. 
 i. Term of office of, and filling vacancies. 
 
 5. Oath of office to be in writing. 
 To be filed with clerk of district. 
 
 6. Duties of directors. 
 
 7. Two shall constitute a quorum of board'. 
 
 8. To visit school of cTi.--trict twice each term. 
 To assist in inti'odueing uniform books. 
 
 9. Cljrk to be ekcted at first annaal meeting, for three yeafs^. 
 Qualification and bond of. 
 
 AppolntctT to fill vacancy, shall hold unexpfred term. 
 
 10. Duties of district clerks. 
 
 11. To furnish annual report to superintendent. 
 When, and what said report shall embrace. 
 
 12. To make out, annual acconni of receipt and expenditure*. 
 To read same at annual meeting. 
 
 To turn over unexpended mone}', to successor. 
 Failure so to do, enforced by suit on official bond'. 
 
 13. Clerk to be treasurer of district. 
 
SCHOOL LAW. 11 
 
 Pj?r. 11. Money payable out 'uilj on order of (lirec'tor-". 
 
 15. C'lnpuiisation pnyable out of couutj tuud, to be deferniiued by couuty 
 
 coiiiraissioners. 
 10. Duties of tcachei's. 
 
 Register to be kept, what it shall contain. 
 
 To be filed with cleik at cloae of each term. 
 
 To accompany annual report of clerk to supeiintendent. 
 
 Sec. L a school meeting may be called at any time, for 
 the purpose of organizing a new district, as provided in section 
 four, chapter two. No number less than live legal voters shall 
 constitute a quorum to do business in. any district meeting. 
 
 Sec. 2. Such school meeting shall have power to do all 
 necessary business the same as the regular school meeting would 
 have. 
 
 Skc. 3. Such meeting, when assembled, shall organize by 
 the appointment of a chairman and secretary. -^ It shall then 
 proceed by ballot to elect three directors-; of those so elected, 
 the person having the highest number of votes shall hold his 
 office for the term of three years, and the person having the 
 next highest number shall hold his othce for two years, and the 
 person next highest one year, and each shall continue in office 
 until his successor is elected and qualified. In case two or more 
 persons of those so elected receive an equal number of votes, 
 the duration of their term of office shall be determined by lot 
 in the presence of the chairman and &ecretar3^ 
 
 Sec. 4. The term of office of a director not elected at the 
 regular annual meeting shall continue for the term of one, two 
 or three years as he may have b'^en elected, from the next an- 
 nual school meeting, unless such director shall be elected to fill 
 a vacancy, in which case ho aIv.uI continue in office for the un- 
 expired term ; so at every annual school meeting after the iirst, 
 there sliall be elected one school director for the term of three 
 years. 
 
 Sec. 5. The dii'cctors shall qualify within ten days after 
 their election, by taking an oath or affirmatio!? faithfully to dis- 
 charge the duties of the office to the best of their {fbilities and 
 to promote the interest of education within their district. This 
 oath shall ha in writiuLi- and filed with tlie clerk of the district. 
 
13 SCHOOL LAW. 
 
 Sec. 0. It sliall be tlie duty oi the directors of every school 
 district : 
 
 1. To call special nieetings of the district whenever they 
 shall deem it necessary, and when a vacancy occurs hy death, 
 resignation or otherwise, the directors shall call a special meet- 
 ing of the district to fill such vacancy. 
 
 2. To make out a tax list for their district wdienerer an as- 
 sessment has been made, containing the names of all persons 
 liable to pay taxes in the district, and tlie amount payable by 
 each inhabitant set opposite his or her name. 
 
 ' 3. To annex to such tax list a warrant directed to the clerk 
 of the district for the collection of the sums in such list men- 
 tioned, including such per centage for fees of clerk as they may 
 dBeni just, not exceeding five per cent. 
 
 4. To purchase or lease a site for the district school Iiouse, a& 
 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, and such privies and outhouses a> 
 decency requires, out of the funds collected and paid to the clerk 
 for such purpose, and to have the custody and safe keeping of 
 the district school house. 
 
 5. To contract with and 'employ teachers; and they shall 
 require a teacher to get a certificate from under the hand of the 
 county superintendent, as provided for in section six, chapter 
 two. No engagement with a teacher shall be valid, so as to 
 entitle any district to draw their apportionment of public money, 
 unless such examination has been previously made. - 
 
 6. To give orders to the teachers on the district clerk for their 
 wages. 
 
 7. To discharge any school teacher for neglect of duty or any 
 cause that in their opinion renders his or her service unprofita- 
 ble as a teacher, by first paying him or her for what time he or 
 she may have been teaching. 
 
 Skc. Y. Any two of said directors shall constitute aquormu 
 to do business. 
 
SCHOOL LAW. r^> 
 
 Sec. 8. It shall be the duly of the directors to visit and 
 fxainine the school or schools of their respective districts at 
 least twice in each teriu. Thej shall endeavor, in connection 
 with the county superintendent, to procure the introduction of 
 a u'ood uniform system of school books in their district, 
 
 CLERKS. 
 
 Sec. 9. The iirst annual school meeting shall also elect a 
 tlistrict clerk, who shall continue in office for the term of tlirec 
 years. Ua shall (pialify within ten dajs after his election in the. 
 !*ame manner as the directors^ and give a bond to the district 
 <lirectors in such sum as they may require, that he shall well 
 and truly perform the duties of his office and pay over all 
 moneys coming into his hands by virtue of his office as by hiw 
 directed. If a clerk be elected to fill a vacancy, he shall con- 
 tinue in office for the unexpired term, and ff elected at the first 
 meeting not being the regular annual meeting, he shall continue 
 in.office three years from the next annual meeting. 
 
 Sec. 10. It shall be the duty of the clerk of the district 
 
 1. To record the proceedings of his district in a book to be 
 provided for that purpose by the district. 
 
 2. To give notice of annual or special meetings. 
 
 3. To procure a list of all residents in the district between 
 the ages of four and twenty-one years, excepting those whose 
 [)arents or guardians are not residents of tlie district, 
 
 4. To give due notice at least ten days before any tax that 
 may be assessed shall be collected, by written or printed notices 
 in three of the most publi-c places in tlie district, 
 
 5. To collect all district taxes which he .-.hall be required by 
 the warrant from the directors to collect, within the time limited 
 in each Avarrant for its return, and he shall have the same au- 
 thority as the county collector to enforc^ the collection of such 
 tax, and he shall be allowed for collecting such per centage a5 
 the directors may deem proper. 
 
U , SCHOOL LAW. 
 
 6. To retain a copy of all reports made to the count}' super- 
 intendent relating to the aifairs of the district. 
 
 Sec. 11, It shall he the duty of the clerk to furnish the 
 ounty superintendent, within ten days after the first Friday in 
 November of eacli year, a report containing the number and 
 names of persons in his district over four and under twenty-one 
 years of age, excepting tho3e whose jiarents or guardiaris are 
 not residents of the district, how long a school has been kept in 
 his district by a qualified teacher during the past year, what 
 school books are principally used, what proportion of the schol- 
 ars in the district have attended school, and the amount of 
 raone.y paid to teachers or otherwise expended. 
 
 Sec. 12. Tlie clerk of each district shall, at the close of 
 each year of his office, make out in writing a just and true ac- 
 count of all moneys, received by him for the use of the district, 
 and the manner in which the same shall have been expended, 
 which account shall be read at the annual district meeting. 
 The clerk shall pay over all moneys remaining in his hands be- 
 longing to the district, to his successor when his successor has 
 legally qualified, and upon refusal or neglect so to do, the di- 
 rectors shall forthwith bring suit upon his bond. 
 
 Sec. 13. District clerks shall be treasurers of their respec- 
 tive districts. 
 
 Sec. 14, All moneys coming into the hands of the district 
 clerk shall remain in the hands of the clerk or clerks subject to 
 the order of the directors, and shall not be paid out in any 
 other way. 
 
 Sec. 15. District clerks shall be allowed such compensa- 
 tion for their services as the county commissioners may deter- 
 mine, to be paid out of the funds of the county. 
 
 TEACH EKS. 
 
 Seo. .16. It shall be the duty of every teacher of a common 
 scliooi to procure a certificate of qualificatrg[i and good moral 
 
SCHOvOL LAW. 15 
 
 character before entering on the duties of a teacher. It shall 
 be his or her duty to keep a register of the children attending 
 6chool, their age, and the time Avlien they begin, the time they 
 continue, and of their daily attendance; and with the same he 
 or she shall give a list of the text books principally used in his 
 or her school, and said register and list of books shall be in du- 
 plicate, and filed with the clerk of the district at the close of 
 every term, properly certified to by the teacher; the one copy 
 for the use of the clerk, and the other sliall, by the clerk, be fur- 
 nished to the county superintendent with his annual report. 
 
 CHAPTEE lY. 
 
 MISCELLAKEOUS PROVISIONS. 
 
 6kc. 1. Miuutes of first meeting, by w'nom signed, and by whom and where kept. 
 
 2. Who to be chaiiman and secre tary of meeting. 
 
 3. Meeting may alter, repeal, &c., their proceecings. 
 
 4. District meetings ma^- levy lax. 
 
 5. New districts failing to organize or report, not entitled to school funds. 
 Proviso. 
 
 6. Funds to be apportioned to organized districts only. 
 
 7. When a district shall be allowed to draw the fund. 
 
 8. When superintendent to issue order for funds of a district in favor of 
 
 clerk theretff. 
 
 9. Provision where district has less than twenty-five scholars between ag*s 
 
 of four and twenty-one, and is not able to support a school. 
 
 10. An organized district shall be a body corporate, its powers. 
 Duty of directors to prosecute and defend. 
 
 11. Directors may permit scholars out of district to attend school with or 
 
 without charge, 
 
 12. When scholars out of district may draw school money. 
 
 Teacher to give certificate of attendance of scholars not belonging to 
 district. 
 
 13. Clerk of district where scholars reaide, upon presentation of certiilc;;!*"^ . 
 
 to pay the parents of such scholars the apportionment due them. 
 U. Wl:eu certificate to be presented to superintendent. 
 15. Scholar thus receiving his portiori, not entitled to further benefit until 
 after next annual apportionment. 
 
 17. Notices of meeting to state purposes of tax. 
 
 18. Assessment of property of non-resident holders. 
 
 19. Directors may add a per centum to remunerate the clerk as collector. 
 Per centage when to be deducted. 
 
Jt; SCHOOL LAW. 
 
 Sec. 20. Meeting to be held annifally. 
 
 Notice thereof what to state, &c. 
 
 21. Who shall be allowed to vote at meeting. 
 
 Persons liable to school tax ouly voters iu selecting site or levying spe- 
 cial tax. 
 
 22. Meeting may adjourn from day to day. 
 
 23. By a majority vote meeting may levy a tax. 
 
 24. Taxes for erection of school houses may be p.iid in labor. 
 
 25. Holding other office not to disqualify superintendent, director or clerk. 
 
 26. A librarian to be appointed, by, whom and when. 
 
 27. Certain per?on3 authorized to administer oaths under tiiis act. 
 
 28. This act not to affect the disposition of funds heretofore set apart. 
 20. ^ Failure of clerk to report, when no cause of forfeiture of fund. 
 SO. Of districts failing to keep up organization. 
 
 What shall be recognized as a legal district. 
 3J. Proceedings upon-eUanging the boundaries of districts. 
 32. Ibid. 
 
 Sec. 1. The minutes of tLe first scliool meeting: shall be 
 signed by the chairman and secretary and delivered to the clerk 
 of tlie district, who shall file the same in his office. 
 
 Sec. 2. In all school meetings the director whose term of 
 office sliall first expire shall act as chairman, and clerk of the 
 di.-^trict shall act as secretary. 
 
 Sec, 3. Districts shall have power to repeal, alter or mod- 
 ify tlieir proceedings from time to time as occasion may require. 
 
 Sec. 4. District meetings legally called, shall have power 
 ro levy a tax upon the property of the district for any purpose 
 whatever connected with and for the benefit of schools and pro- 
 motion of education in the district. 
 
 Sec. 5. Any new district failing to organize and report to 
 the county superintendent the number of children over four and 
 under twenty-one years of age in said district, within ten days 
 after the first Friday in E'ovember, or any district having been 
 organized for the term of one year or more, failing to report to 
 the county superintendent as required in section eleven of the 
 chapter entitled " clerks" in this act, shall not be entitled to 
 mw portion of the county school fund for the year : Provided, 
 That if the clerk of any school district shall fail to make such 
 jepurt, any three electore of such district may make such report, 
 
BCllOOL LAW. 17 
 
 verified by oath, and tlie cuuuty suporlatoiidont siiall receive it 
 the same us if made h\ tike iclerk, 
 
 t>EC. 6. Tke eourity superintendent sliall apportion all the 
 comity scltool fund for that year, among those districts only 
 which have organized according to law. 
 
 Sec. 7. No district shall be allowed to draw its apportioned 
 county school fund froni the treasury until the clerk of such 
 district shall notify the county superintendent, as provided in 
 fcecti(.»n elsevera^ chapter tliiree, 
 
 Sec, 8. Whew the ^ilerk of any school district shall notify 
 the superiiitendent according to the provisions of this act, the 
 superiutend<jiit shali issue an order to the comity treasurer in 
 favor of the ■c-lerk of such district for the apportionment of 
 comity school funds, iu the treasury to the credit of such dis- 
 trict, 
 
 ■Sec. 9. Districts having le.^s than twenty-live minorG over 
 four years of age may, by orgaHizing and re})ortiDg to the super- 
 mteadent according to law, draw tluir proportion of the school 
 money without being required to comply with the provisions of 
 the school law, any further tlmn the said organization and re- 
 port is concerned, and in such di.-tricts three legal voters shall 
 constitute a quorum to do business ; and it shall be the duty of 
 the clerk of such district to let out all county school fund so 
 received at interest, for Ihe use of the district, ou good security, 
 until such time as it may bo rcqnii-ed for school purposes in said 
 district. The clerk of the dit^trict and his securities shall be 
 responsible for such money. 
 
 Sec, 10. When a distri(;t is orgairized, it shall be to all in- 
 tents and .purposes a body corjjornte, capable of suing and -being 
 sued, and fully conipetent to transai-t all business appertf\ining 
 to schools or school houses in their own district ; and it shall be 
 flio duty of the difeetors' to prosecute or defend any demajid 
 for or against their district, and uotico sIimH be served upon one 
 "f the director.- of ?inv suit broua'hl ;iLj;uiK>t ;i ihVtrict. 
 
-15 SCHOOL LAW. 
 
 Sec. IL The directors of any scliool district maj pennit 
 scholars who are not residents to attend school m tl'ieir dsstricfc 
 with or without charge, as thej may deem proper. 
 
 Sec. 12, Any person desirous of sending any scholar or 
 scholars ont of their district to any other school, may do so by 
 first getting a permit in writing from the directors in the dis- 
 trict where they reside, and such scholar or scholars so sent to 
 school out of their district shall be entitled to their equal pro- 
 portion of the j)ublic scliool fund belonging to their district : 
 Provided^ That such parent or guai'dian shall get a certificate 
 from the tea«?her where such cluld or children fcave a»ttended 
 school, showing the wumbeK of days of attendances with tho 
 price of such schooling, but in no case shall a parent or griar- 
 dian draw more money than will bo sufficient to pay the school 
 ing of such scholar or scholars during their attendance out of 
 their school district. 
 
 Sec. 13. Upon the presentation of siicb certificate to the 
 clerk of the district in which such scholar or scholars reside, the 
 clerk shall pay to such parents or guardians the apportionment 
 due them out of the funds belonging to said district, taking 
 their receipt for the same, whic;!]; s-eeeipt shall be endorsed on 
 said certificate, showing the amount actually received, and 
 signed by the party receiving tlie money, and said certificate, so 
 endorsed, shall be a sufficient voucher to the credit of the clerk 
 in making his settlement with the directors or in paying over to 
 his successor the funds belonging to said district. 
 
 Sec. 14. When the clerk of any such school district shall 
 have failed to draw from the county treasury the apportionment 
 for said district, eitlier by "reason of not complying with the 
 requirements of section se ven of this chapter or otherwise, then 
 the certificate shall be presented to the county superintendent, 
 who shall issue an order on the county treasurer in favor of the 
 person or persons entitled to receive the same, and a recefpt in 
 due form shall be given to the treasurer for the amount paid, 
 the duplicate of which shall be endorsed on the certificate in 
 the hands of the superinteTideni, who shall credit the treasury 
 
SOHOOi; LAW: 19; 
 
 of the coiintv therewitli and charge the same to the proper dis- 
 trict, in tlie same manner as when paid to the clerk, according. 
 to section ten, chapter two. 
 
 Sec. 15. Any schohu- having thns received liis or her por- 
 tion of scliool nione}', cannot be entitled to any further benefit 
 -out of the fiaiid of sa^d district, in case of a school beins: tauffht 
 therein, until after the next annual apportionment is made. 
 
 Sec, IT- In all cases when a tax is to be levied, it shall be 
 stated in the notices given of the meeting, for what purpose or 
 purposes the tax is to he levied. 
 
 Sec. is. If a district meeting be held to levy a tax on ali 
 the taxable property in the district, the property of non-resi- 
 •dents shall be assessed in equal proportion with the rest, accord- 
 ing to the valuation made by the assessment foa' county taxes. 
 
 Sec. 19. The directors may add such a per centum, not ex- 
 ceeding five, as they may deem requisite to remunerate the 
 •clerk for his services as collector, but the amount shall be speci- 
 fied and- added as a separate item in the schedule or account of 
 taxes so levied or assessed, and where any person shall pay the 
 same within ten days after the notice of such tax is made pub- 
 lic by the clerk, in accordance with the fourth clause of section 
 ten of chapter three, the per centage shall be deducted, but m 
 all otlier cases it shall be collected. 
 
 Sec. 20, There shall be an annual school meeting held in 
 each district upon the first Fridav in JSTovember, and notice, of 
 all annual or s])ecial meetings shall be in writing, signed by the 
 directors or the clerk of the district, and shall state the object 
 for which the meeting is called and shall be posted up in three 
 public places in the district at least six dajs previous to the 
 liolding of such meeting. 
 
 SEa 2L Every white male inhabitant over the age of, 
 twenty-one years who shall iiave resided in siay school district; 
 for three months immediately preceding any district meeting, 
 or, who 6,hall have paid or be liable to pay any tax except road 
 tax ia said district, shall be a legal voter at any school nxgeting;^ 
 
20^ 8CH00L LAAV. 
 
 and no other person shall be allowed to vote^ and in the selec^- 
 tion of a site for a school house, or for raising" a tax, no person 
 shall be allowed to vote ex.cept persons liable to' pay a school 
 tax. 
 
 Sec. 22. Any school meetmg shall have- power to adjourns 
 from d!ay to day as occasion may requirev 
 
 Sec. 23.. A school meeting Jegally called shall have power^ 
 by a vote of a majority present, to levy a tax on all taxable 
 property in the distriit^t^ 
 
 Sec. 24. The tax payers may, with tlae eonsexit of the di- 
 rectors of their district, perform^ by labor their portion of taxa- 
 tion for the erection of sehroli houses,, and shall be so retnrne(J 
 by the clerk of said district. 
 
 Sec. 25. No person shall be disqitalified for the office of 
 county superintendent, district director or clerk, on account of 
 holding any other office within the Territoiy at the same time 
 
 Sec. 26. It shall be the duty of the- din^ctors to appoint a 
 suitable person for librarian when the district sha;Il have pro- 
 cured "a library. 
 
 Sec. 27. School superintendents, directors and clerks shall 
 be competent to administer oaths or affirmations in any case o©. 
 curring under the provisions of this act. 
 
 ' Sec. 28, Where in any county, any of the moneys men- 
 tioned in chapter one, section three of this act, are by existing- 
 laws set apart to any other fund, or for any other purpose, this. 
 act shall not be so construed iis to atfect the disposition of said 
 funds so set apart. 
 
 Sec. 29. Failure of a clerk to make out his report in proper 
 time shall not work a forfeiture of the apportionment to his 
 district if the report shall reach the superintendent before he 
 apportions the fund. 
 
 Sec. 30. Is'o order of the superintendent shall be drawn 
 upon the county treasurer in favor of any district whicli fails to 
 have or keep up its org-anization, and any district having been 
 
SCHOOL LAW. ^1 
 
 for three years recognized a;^ an organized district by the inhab- 
 itants of tlie same, and by the superintendejit, shall, so long ha 
 it eonipHe.- with the forms of law, be to all intents, for tlie ]>ur- 
 poses of this act, a legal district. 
 
 Sec. 31. Any person or persons asking any action of the 
 superintendent which shall affect the boundaries of any district, 
 shall notify the clerk of said district in writing of his intention 
 to ask for the same, stating what action is or .will be asked, and 
 the time — not less than ten days — when the same will be heard, 
 and shall file a certified copy of the said writing with the super- 
 intendent. 
 
 Skc. 32. When satisfied such notice has been ffiven, the 
 Buperintendent'shall proceed to examine the case unless for good 
 cause further time is asked by either party, or in the absence of 
 either party he may consider substantial justice cannot be done, 
 in which case he must set sora'e future time for its consideration, 
 
 CHAPTER y. 
 
 AS TO MOXF.Y ARISING FROM FINES A:ST> PENALTIES PAYABLE TO 
 
 SCHOOL FUND. 
 
 Skx;. I. Tbc superintendent to enforce collection of all fines, &c., payable to school 
 fund. 
 Snperintendent to preserve school lands from trespass. 
 Fines and penalties apportioned as other school funds. 
 
 2. Penally for trespass on school lands. 
 
 3. Mode of procedure iu the paying over of fines, &c. 
 
 4. Penalty for sheriff or clerk failing to pay over money collect«d on execu- 
 
 tion. 
 
 6. Proceeds of sale of estrays. 
 
 C. Deposits with county treasurer under act relative to unclaimed property. 
 
 7. Proceeds of sale of lost goods, and as to lost money. 
 
 8. Penalty for a finder failing to advertise money < r property found. 
 
 9. Penalty against owners of vicious or dangerous cattle. 
 
 10. Repealing previous acts. 
 
 11. When act to t«ke effect. 
 
 Sec. 1. The superintendent shall, in the name of the county, 
 collect or cause to be collected all money due the school fund 
 from fines or from any other source, in his county, and until the 
 
2^ SCHOOL LAW. 
 
 Legislature slmll make some provisions for the disposal of the 
 school lands given by Congress to the Territories for school 
 purposes, it shall be the duty of the superintendent to preserve 
 said land from injury and trespass, and when it shall come to 
 his knowledge that any trespass has been committed on such 
 lands, he shall niake complaint of the same before the grand 
 jury of the proper county, at the first regular term of court 
 after he has obtained a knowledge of such trespass, and all fines 
 and other moneys thus collected shall be paid over to the trea- 
 surer of the county for the use of common schools, and be di- 
 vided in said county in the same manner as other school funds. 
 
 Sp;;c. 2. Any person trespassing upon or injuring school 
 lands as mentioned in the preceding section, shall be liable to be 
 indicted for the same, and upon conviction, shall be punished by 
 imprisonment in the county jail not exceeding six months, or by 
 a fine not exceeding five hundred dollars. 
 
 Sec. 3. All fines imposed upon any person or persons by 
 the provision of an}^ act imposing fines for violation of laws of 
 this Territory, when the same shall be collected, shall be paid 
 by the ofticer collecting the same, to the county treasurer as school 
 fund of the county where such conviction shall have been had, 
 who shall give duplicate receipts therefor, one of which shall be 
 filed w^ith the county auditor, and all ofiicers refusing or neglect- 
 ing to pay over anj^ fines within one month after they shall have 
 been received, shall, upon conviction thereof, be fined in four- 
 fold the amount of such fines so received, which said fine may 
 be collected in any court having jurisdiction. 
 
 Sec. 4. No sheriff shall retain any money's collected on ex 
 ecution more than twenty days before paying the same to the 
 clerk of the court who issues the writ, under penalt}^ of twenty 
 per cent, on the amount collected, to be paid by the sheriff, the 
 one-half to the party to w^honi the judgment is payable, and 
 the other half to the county commissioners of the county wherp- 
 in the action was brought, for the use of tke school fund of. the, 
 county. And the clerk shall, immediately aftei* the receipt of 
 
SCHOOL LATN^. SS 
 
 uiiy moneys collected on any judgment, notify the party to whom 
 the bame is payable, and pay over the amount to said party on 
 demand. On failure to so notify and pay over, (without reason- 
 able cause sliown for delay) the clerk shall forfeit and pay the 
 same penalty to the same parties Jis is above prescribed for the 
 Bheriif. 
 
 Sec. 5. If the owner or person entitled to the possession of 
 any estray shall not appear and make out his title thereto and 
 pay the charges thereon witliin one year from the time when 
 the notice is filed with the count}' clerk, as is provided in the 
 fourth section of " an act relative to estrajs," passed February 
 first, eigliteen hundred and sixty, such estray shall be sold at 
 the request of the finder, by any constable of the precinct, at 
 public auction, upon first giving public notice thereof in writ- 
 ing, by posting up the same in three of the most public places 
 in the precinct, at least ten days before such sale, and the finder 
 may bid therefor at such sale; and after ^deducting all tlie law- 
 ful charges of the finder as aforesaid, and the fees of the con- 
 stable, Mdiich shall be the same as upon a sale on execution, one- 
 half of the remaining proceeds of such sale shall be deposited 
 in the treasury of the county, to be applied to the common 
 school fund of said county, the other half shall belong to the 
 finder. 
 
 Sec. 0. Any money that shall be deposited with any county 
 treasurer under the provisions of an act entitled " an act rela- 
 tive to unclaimed property*" which shall not be claimed by the 
 owner thereof, or his legal representative, within five years, the 
 same shall belong to the county, and shall be applied to the com- 
 mon school fund of said county. 
 
 Sec. 7. If the owner of any lost money or goods shall fail 
 to appear within one year and make out his right thereto, then 
 the finder of such lost money or goods shall pay one half of the 
 value thereof, after deducting all legal charges, to the treasurer 
 of the county, for school purposes ; and in ease such finder shall 
 neglect to pay the sflnie on clr;mand, after the expiration of the 
 
»4 SCHOOL LAW, 
 
 time atbrestiid, tlie tiame muy be sued for and rooavered by the 
 t>aid treasurer in the naijie of tlie county, for scliool purposes. 
 
 Sec. 8. If any finder of lost money or goods of the value 
 of five dollars or upwards shall neglect to give notice of the 
 same, and otherwise to comply with the provision^ of *' an act 
 in relation to lost money or goods," he shall be liable for the full 
 value of such money or goods, one-half to the use of the oauTity 
 for school purposes, and the other half to the use of the person 
 who shall sue for the same, and shall also be responsible to the 
 owner for such lost money or goods. 
 
 Sec. 9. That any person or persons who own or are the 
 owners of dangerous or vicious cattle, wlp'oh animal or animals 
 are known to endanger the safety of persons traveling through 
 neighborhoods, by their dangerous and vicious disposition, such 
 person or persons having twelve hours' notice of the dangerous 
 disposition of such aninud or animals, and shall neglect or re- 
 fuse effectually to pre\'ent such cattle t'yom distm'bing tlie peace 
 and safety of tbe neighborhood where such animal may range, 
 such owner or owners shall be liable to a fine of not less than five 
 dollars nor more than fifty dollars, which may be recovered be- 
 fore any justice of the peace of the county, with costs of suit, 
 for the use of the seliool fund. 
 
 Sec, 10. All acts or parts of acts heretofore passed in rela- 
 tion to schools are hereby repealed. 
 
 Sec. 11, This act shall take effect and be in force from and 
 after its passage. 
 
 Approved January Slst, 1867. 
 Amended January 18th, 1868, 
 
LIBRARY OF 
 
 CONGRESS 
 
 019 748 513_ 9