Class .uD£5j£.9 
 
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 Author. 
 
 Title. 
 
 Imprint 
 
 16—30299-1 QPO 
 
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/{^'M (M^^pi^, /ida^^, 
 
 PUBLIC SCHOOL LAW 
 
 NORTH CAROLINA, 
 
 CHAPTER 15 OF THE CODE, AS AMENDED BY LAWS OF i8$S£, 
 
 THE GENERAL ASSEMBLY OF 1887 HAVINC7 
 
 MADE NO AMENDMENTS. 
 
 ISSUED IN PURSUANCE OF LAW 
 
 BY THE 
 
 SUPERINTENDENT OF PUBLTC INSTRUCTION. 
 
 RALEIGH: 
 JosEPHUs Daniels, State Printer and Binder 
 
 Presses of Edwards, Broughton & Co. 
 1S87. 
 
 u 
 
InExoliangQ 
 UBiv.oflNorthOaroltaft 
 
 OCT 1 2 19^ 
 

 INDEX 
 
 Apportionments, how and when made, sections 2551, 3552. 
 Committees to contract with private school, section 2591. 
 Committees to dehver deeds to Treasurer, section 2584. 
 Committees to receive deeds of sites for school-houses, proceedings to 
 
 condemn sites, sections 2582, 2583. 
 Committees to employ and dismiss teachers, section 2580. 
 Committees to take census, section 2579. 
 Committees to organize, section 2577. 
 Committees to be bodies corporate, section 2576. 
 Committees, how elected, section 2553. 
 Committees to take an oath, section 2576. 
 County Board of , Education, how elected, section 2545. 
 County Board'of Education, dutie3,'sections 2546, 2547, 2569, 2570, 2571. 
 . 2572 and 2574. 
 
 County Institutes, sections 2567, 2568. 
 
 County Superintendent of Public Instruction, how elected, section 2548. 
 County Superintendent to be Secretary of County Board, section 2565. 
 County Superintendent to report to State Superintendent, sections 2573, 
 
 2574. 
 County Superintendent, compensation of, section 2575. 
 Districts, how laid off, sections 2549, 2550. 
 Districts not to be changed without information, section 28. 
 Examinations, how conducted, section 2566. 
 Local Assessments — Appendix. 
 Money to be expended, how, section 26. 
 Pupil, dismissal of and punishment, section 2585. 
 School funds, section 2543, 2544. 
 Sheriff to settle in money only, section 2563. 
 Sheriff, form of receipts, section 2564. 
 
 Sites, how received and how condemned, sections 2582, 2583. 
 Tax levied by Assembly, section 2589. 
 Tax levied by County Commissioners, section 2590. 
 Teachers, how suspended, section 2569. 
 Teachers, salary, section 2580. 
 
 Teachers, to render statement to Committee, section 2581. 
 Teachers, powers, dismissal of pupils, section 2585. 
 Teachers to keep records and report to County Superintejident. sectior 
 2586. 
 
Teachers of any school using public funds to report, section 34. 
 
 Text-Books, section 2539 and Appendix. 
 
 Treasurers' duties, sections 3556, 2557, 2559, 3560, 2561. 
 
 Treasurers' bond, section 3554. 
 
 Treasurers, orders on, section 3555. 
 
 Treasurers to report to County Board, section 3558. 
 
 Treasurers to report to State Superintendent, section 3560. 
 
 Treasurers, compensation of, section 3555. 
 
 Treasurers' liabilities, section 2562. 
 
 Treasurers to attend at Court House, section 35. 
 
PREFACE. 
 
 Section 2540 of The Code requires the Superintendent of 
 PubUc Instruction to " have the school laws published in 
 pamphlet form and distributed on or before the first day of 
 April of each year." As the Assembly meets only biennially, 
 this edition will embody the law for two years. 
 
 The General Assembly of 1887 haviAg made no change, 
 the law is republished with additional notes and instruc- 
 tions. / 
 
 Chapter fifteen of The Code contained the Public School 
 law in full, and in this edition it has been thought better 
 to number the sections as they are numbered in The Code, 
 embodying in them respectively the amendments made by 
 the Assembly of 1885. 
 
 For convenience of reference, the explanations and instruc- 
 tions of the Superintendent of Public Instruction are placed 
 in the form of foot-notes on the same pages containing the 
 corresponding sections of the law. 
 
 S. M. FINGER, 
 Superintendent of Public Instruction. 
 
 Raleigh, K C, April 1, 1887. 
 
PUBLIC SCHOOL LAW 
 
 OF 
 
 NORTH CAROLINA 
 
 FROM THE CODE AS AMENDED BY LAWS OF 1S85, THE 
 
 ASSE3IBLY OF 1887 HAVOO MADE i>0 
 
 AMKXDMEMS. 
 
 WITH NOTES AND INSTRUCTIONS BY THE SUPERINTEN- 
 DENT OF PUBLIC INSTRUCTION. 
 
 8ec. 2535. Apportionment of school fund. 
 
 The state board of education shall, on the first Monday in 
 August of each and every year, apportion among the several 
 counties of the state all the school funds which mp„y be then' 
 in the treasury of the said board, and order a warrant for the- 
 full apportionment to each county, which said apportion- 
 ment shall be made on the basis of the school j)oj)ulation. 
 
 Sec. 2536. Auditor to keep separate account of publie school 
 fund. 
 
 The state auditor shall keep a separate and distinct account 
 of the public school funds, and of the interest and income 
 tliereof, and also of such monej^'s as may be raised by state, 
 county and capitation tax, or otherwise, for school purposes. 
 
 Sec. 2537. When and how warrant issued for school fund' due 
 any county. 
 
 Upon the receipt of the requisition of the treasurer of any 
 county, duly approved by the chairman and secretary of the 
 county board of education, for the school fund which mav 
 have been apportioned to said county, the state board of ed-- 
 
ucation shall issue its warrant on the state auditor for the 
 sum due said county ; whereupon the said auditor shall draw 
 his warrant on the treasurer of the' state board of education 
 in favor of such county treasurer for the amount set forth in 
 the warrant of the said state board. 
 
 Sec. 2538. State treasurer to hold school funds as a S'pedal de- 
 posit ; when and how paid out. 
 The state treasurer shall receive and hold as a special de- 
 posit all school funds paid into the treasury, and pay them 
 out only on the warrant of the state auditor, issued on the 
 order of the state board of education in favor of a county 
 treasurer, duly indorsed by the county treasurer in whose 
 favor it is drawn, and it shall be the only valid voucher in 
 the hands of the state treasurer for the disbursement of 
 school funds. 
 
 Sec. 2539. Board to recommend, text-hooks to he used in puhlic 
 schools; proviso. 
 The state board of education shall recommend a series of 
 text-books to be used in the public schools for a term of three 
 years, and until otherwise ordered : Provided, the county 
 board of education shall take care that changes from books 
 now in use to those recommended, do not work great incon- 
 venience or expense to parents, guardians or pupils : Provided 
 further, no sectarian or political books shall be used in the 
 public schools : Provided also, the prices of the books recom- 
 mended be fixed by the state board of, education for the 
 whole term for which they shall be used. 
 
 Note. — See appendix for information and instructions on this sub- 
 ject. 
 
 • Sec. 2540. Duties of superintendent of public instruction. 
 
 The superintendent of public instruction shall have the 
 school laws published in pamphlet form and distributed on 
 »or before the first day of April of each year ; shall have 
 
9 
 
 printed all the forms necessary and proper for the purposes 
 of this chapter, and shall look after the school interest of 
 the state, and report biennially to the governor, at least five 
 days previous to each regular session of the general assem- 
 bly, which report shall give information and statistics of the 
 public schools, and recommend such improvement in the 
 school law as may occur to him. He shall keep his office at 
 the seat of government, and shall sign all requisitions on the 
 auditor for the payment of money out of the state treasury 
 for school purposes. Copies of his acts and decisions, and of 
 all papers kept in his office and authenticated by his signa- 
 ture and official seal, shall be of the same force and validity 
 as the original. He shall be furnished with such room, fuel 
 and stationery as shall be necessary for the efficient discharge 
 of the duties of his office. 
 
 Sec. 2541. Duty of superintendent to direct operations of sys- 
 tem of public schools, &c. 
 
 The superintendent of public instruction shall direct the 
 operations of the system of public schools and enforce the 
 laws and regulations in relation thereto. It shall be his duty 
 to correspond with leading educators in other states, and to 
 investigate the systems of public schools established in other 
 states, and, as far as practicable, render the results of educa- 
 tional efforts and experiences available for the information 
 and aid of the legislature and state board of education. 
 
 Sec. 2542. {As ame'iided by the Laws of 1885.) Duty of supei'- 
 int^ndent to learn and supply educational wants, &c. ; ex- 
 penses allowed, not exceeding seven hundred and fifty dollars 
 per annum. 
 
 It shall be the duty of the superintendent of public in- 
 struction to acquaint himself with the peculiar educational 
 wants of the several sections of the state, and he shall take 
 all proper means to supply said wants, by counseling with 
 county boards of education and county superintendents, by 
 
10 
 
 lectures before teachers' institutes, and by addresses to pub- 
 lic assemblies on subjects relating to pul^lic schools and pub- 
 lic school work, and shall be allowed his additional expenses 
 while engaged in this duty, not to exceed the sum of seven 
 hundred and fifty dollars per annum. 
 
 Sec. 2543. Funds appropriated for establishing a7id mamtaming 
 system of free schools to he paid into state treasury. 
 
 The proceeds of all lands that have been or may hereafter 
 be granted by the United States to this state, and not other- 
 wise appropriated by this state or the United States, also all 
 moneys, stocks, bonds and any other property now belonging 
 to any state fund, for the purposes of education, also the net 
 proceeds of sales of swamp lands belonging to the state, and 
 all other grants, gifts or devises that have been made or here- 
 after may be made to this state, and not otherwise appropri- 
 ated by this state or by the terms of the grant, gift or devise, 
 shall be paid into the state treasury, and, together with so 
 much of the ordinary revenue of the state as may be set 
 apart for that purpose, shall be faithfully appropriated for 
 establishing and maintaining a system of free public schools, 
 as established in pursuance of the constitution. 
 
 Sec. 2544. Funds so appropriated to he paid into county school 
 fund. 
 
 All moneys, stocks, bonds and other property belonging to 
 a county school fund, also the net proceeds from sales of es- 
 trays, also the clear proceeds of all penalties and forfeitures, 
 and of all fines collected in the several counties for any breacli 
 of the penal or military laws of the state ; and all moneys 
 which shall be paid by persons as equivalent for exemption 
 from military duties ; also the net proceeds of any tax im- 
 posed on licenses to retailers of wines, cordials or spirituous 
 liquors and to auctioneers, shall belong to and remain in the 
 several counties and shall be faithfully appropriated for es- 
 tablishing and maintaining free public schools in the several 
 
11 
 
 counties as established in pursuance of the constitution :: Pro- 
 vided, the amount collected in each county shall be reported 
 annually to the state su|)erintendent of public instruction. 
 
 Note. — Special attention is called to sections 724, 725, 726, 727., 
 728, 764, 906 and 3678 of The Code. Treasurers and County Boards of 
 education will use all proper means to see that the full amount of fines, 
 forfeitures and penalties and the liquor tax due, shall go to the school 
 fund. Their attention is also directed to the constitution, article nine, 
 section five, and to revenue (sections 31, 43 and 44.) and machinery acts 
 of one thousand eight hundred and eighty-sev^jn, for directions in car- 
 rying out the provisions of this section, 
 
 A large amount of school money is derived from lines, forfeitures and 
 penalties, and from taxes on the Licenses for the sale of liqiiors. I am 
 ;satisfied that a stUl larger amount may be obtained from these sources 
 by a strict enforcement of the law. 
 
 All forfeited recognizances belong to the school fund, and school ofR- 
 <;ers should see tliat they are collected. 
 
 Sec. 1225 of The Code makes it the duty of the solicitor, under the di- 
 rection of the coiu't, to prosecute to collection, any forfeited recogni- 
 zance under a j^eace warrant. The board of education should employ 
 the solicitor, or any attorney, to collect other forfeited recognizances, 
 paying Mm a reasonable fee out of tlie money he collects. 
 
 *Sec. 2545. {As amended by the Laws o/» 1885.) County ■board 
 of education; officers. 
 
 The justices of the peace and the county commissioners of 
 €ach county,, at their next regular joint session as provided 
 by law, and biennially thereafter ,at such regular joint ses- 
 sion, shall electa county board of education to consist of three 
 residents of their county, who sliall be men of good moral 
 character, and who shall be qualified by education and ex- 
 perience and interest to specially further the public educa- 
 tional interests of their county. They shall file with the 
 county commissioners an oath to faithfully discliarge the 
 duties of their office. Those first elected shall file such oath 
 on the first Monday of the month next succeeding their elec- 
 tion, and shall hold their office until the first Monday in De- 
 cember, eighteen hundred and eighty-seven, and until their 
 .sjiccessors are elected and qualified. From and after the 
 
12 
 
 said first Monday in December, one thousand eight hundred 
 and eighty-seven, the regular term of office sliall be two- 
 years. They shall elect one of their number chairman, and 
 the county superintendent of public instruction shall be sec- 
 retary, and the county treasurer shall be treasurer of said 
 board. The secretary shall record all the proceedings of the 
 board in books to be supplied by the state superintendent of 
 public instruction. A majority of the board shall constitute 
 a quorum for the transaction of business. The compensa- 
 tion of each member of the board shall be not exceeding two- 
 dollars per day and the mileage allowed to county commis- 
 sioners. The county commissioners shall provide a suitable 
 office for said board at the county seat. Any vacancies in 
 the board shall be filled" by the county commissioners. 
 
 Note. — It will be seen by reference to section 717 of The Code, 
 that the justices of the peace and the county commissioners are required 
 to hold a joint meeting on thie first Mionday in June of every year. la 
 June, 1887, at this joint raeeting, and every two years thereafter, the 
 justices and the commissioners are required to elect a county board of 
 education. Too much importance cannot well be attached to this elec- 
 tion!. Upon a judicious selection of competent men wiH depend the 
 welfare of the educationa?interest of the county. The law gives them 
 large discretion in the management of the funds and school matters gen- 
 erally, and therefore an earnest appeal is made to the joint boards to se- 
 lect men of wisdom, and men who are specially friendly to the public 
 school interests. The policy of the law as amended by the Assembly of 
 1885, and now in force, contemplates vesting in the respective counties 
 niore authority in the management of school affairs than has heretofore 
 obtained. Counties that use this authority wisely will rapidly advance 
 their educational interests, and an efficient county board of education 
 is of fii-st importance, the chairman of which should reside at the county 
 seat, and must be competent to act as county superintendent in case of 
 a vacancy in that office. 
 
 Sec. 2546. {As amended by the Laws of 1885.) Ihdies of county 
 
 board of education. 
 
 The county board of education shall be charged with the 
 
 general management of the public schools in their respective 
 
 counties^ shall decide all controversies and questions relating; 
 
13 
 
 to the boundaries of school districts and to the location of 
 scliool-houses, or which may arise upon the construction of 
 the school law, and shall see that the school law is enforced, 
 and the county board shall obey the instructions of the state 
 auperint-endent and accept his construction of the school law. 
 
 Note. — ^The langua.c^e of this section gives to county boards a wide 
 range of powers and duties. It is earnestly urged that they be so exer- 
 cise<i as to accomplish the greatest good to the school system possible, 
 and that the county superintendents, as executive officers, of the school 
 system of their respective counties, will be kept as fully employed as 
 possible in visitation and ixiinute supervision of the schools, in the or- 
 ganization and improvement of the teachers, and in all other work con- 
 ducive to the progress of the schools, and to the cultivation of a spirit 
 of progressive education among the whole people. In the settlement of 
 tiie '' questions and controversies" mentioned in this section, there is 
 room for the exercise of the highest wisdom, that the interest of the 
 public schools may not suffer by reason of neighborhood quarrels, which 
 always result in harm to all pubhc interests, especially to those of the 
 schools. 
 
 Sec. 2547. {As amended by the Laws of 1885.) Meetings ; pro- 
 viso ; books of county treasurer to be examined, &c. 
 The county board of education of each county sliall hold 
 four regular meetings ever}" year, namely : on the fir-st rvJ on- 
 days of January, June, September and Decem.ber, for the 
 purpose of looking after the interests of the public schools. 
 Provided, the chainnan may call a meeting of the board at 
 any time. At each regular meeting it shall be the duty of 
 tlie board to examine the books and vouchers of the county 
 treasurer and to audit his accounts. 
 
 Note. — The chief complaint urged against separate boards of ed- 
 ucation is the actual or supposed extra expense. In most counties, dur- 
 ing the last two years, they very much furthered the school interests, 
 and the expenses were very small, aggregating in the state less than one 
 per cent, of the disbursements. In a few counties they -were more than 
 this. 
 
 The state superintendent desires to thank the boards for their efncient 
 management, and to ask them to make the expenses as small as may be 
 consistent with a proper discharge of their duties. 
 
14 
 
 Sec. 2548. {As amended by tlic Laws of 1885.) County stvper- 
 intendcnt oj piiMic instruction ; term oj office; election bi- 
 ennicd ; vacancies; secretary to report name, &c., to state su- 
 perintendent; suspension and removed oj county superintend- 
 ent; powers of school committee. 
 
 The county board of education, count}^ commissioners and 
 the justices of the peace, in joint session on the da}^ of the 
 iinnual meeting of the justices in the year eighteen hundred' 
 and eighty-six, and ])ienniall,y thereafter on the da}^ of such 
 annual meeting, shall elect one resident of their county, who 
 shall be county superintendent of public instruction. He 
 shall be of good moral character, liberal education, and he 
 shall otherwiho be qualified to discharge the duties of the 
 office as required by law, due regard being given to experi- 
 ence in teachirjg. He shall hold office for the term of two 
 years from and after the first Monday in December next alter 
 his election, and until his successor is elected and qualified, 
 «nd shall file with the county commissioners an oath to faith- 
 fully discharge the duties of his office. The county board 
 of education ajul tlie countj^ commissioners in joint session 
 may, for good cause, after thirt}^ da3^s' notice, remove the 
 county suporintendcijt and elect his successor for the unex- 
 })ired term ; and, vrhen a vacancy occurs in the office of 
 county superintendent, by death or otherwise, the said joint 
 boards, after due notice, shall fill the vacancy for the unex- 
 pired term, and the chairman of the county board of educa- 
 tion shall, during such vacanc}^, or during the disability of 
 the count}' superiiitendent, discharge the duties of his office. 
 Immediately after the election of a county superintendent, 
 the secretary of the joint boards holding such election shall 
 report to the state superintendent of public instruction the 
 name and address of the person elected, and the person 
 elected shall report to the state superintendent as soon as he 
 shall have qualified, the date of such qualification. Provided^ 
 that in all meetings of the joint boards herein provided for, 
 
15 
 
 no man shall be entitled to more than one vote by reason of 
 his being a member of more than one of said boards. 
 
 NOTE.^Tlie success of the public schools m any county will greatly 
 depend on the efficiency and activity of the county superintendent ; 
 therefore the boards having in charge the election of this oflficer should 
 use the utmost care in the selection of a man for the position. No man 
 should be selected because he may be available or convenient. In case 
 of a vacancy from any cause, the county board of education and the 
 country commissioners should be called together at as early a day as pos- 
 sible for the purpose of filling the vacancy. 
 
 The next regular election -will be held at the annual meeting, June, 
 1888. 
 
 Sec. 2549. School districts. 
 
 The county board of education shall lay off their respect- 
 ive counties into conycnient school districts, consulting as 
 far as practicable the conyenience of the neighborhood. They 
 shall designate the districts by number, as school district 
 number one, school district number two, in the county of 
 
 Sec. 2550. Convenience of residents to be consulted in formation 
 of districts; separate schools for the two races. 
 The county board of education shall consult the couA-en- 
 ience of the -white residents in settling the boundaries of dis- 
 vriv-tj for the white schools, and of colored residents in set- 
 tling boundaries for colored schools. The schools of the two 
 races shall be separate ; the districts the same in territorial 
 limit or not, according to the convenience of the parties con - 
 cerned. In cases where there arc two sets of districts in a 
 county, they shall be designated as school district number 
 one, two, three, &c., for white schools, or school district num- 
 ber one, two, three, etc., for colored schools, in the county of 
 
16 
 
 Sec. 2551. {As amended by Laws of 1885). County hoard of 
 education to apportion county school fund among districts ; 
 sums so apportioned subject to order of school committees. 
 
 The county board of education of every county shall, on 
 the first Monday of January of each year, apportion among 
 the several districts of the county all school funds (except 
 such as may be raised by the special tax provided for in sec- 
 tion twenty-five hundred and ninety) in the following man- 
 ner : first deduct an amount sufficient to defray the general 
 school expenses of the county authorized by law ; then appor- 
 tion twx)-thirds of the funds to the several districts in pro- 
 portion to the whole number of childen between the ages of 
 six and twenty-one years ; and the remaining one-third shall 
 be apportioned in such manner as to equalize school facilities 
 to all the districts of the county, as far as may be practicable 
 and just to all concerned, without discrimination in favor of 
 or to the prejudice of either race. If the committee so de- 
 termine, any unexpended balance of school money, now or 
 hereafter remaining to the credit of a district, shall be re- 
 turned to the general fund to be used for school purposes as 
 provided in section twenty-five hundred and ninety of The 
 Code. x4_s far as practicable the county board shall require 
 all the schools to be in session at the same time. As soon as 
 the apportionment is made, the county board of education 
 shall post a statement at the court house door, showing the 
 amount apportioned to the several districts of the county ; 
 and they shall also notify each committee of the amount ap- 
 portioned to their district. The board shall also furnish the 
 treasurer of the county board of education with a statement 
 of the amounts apportioned to the several districts. 
 
 Note. — This section enables the board to depart from the former 
 requirement to apportion the funds according to the number of children 
 of school age, "which, in many instances, rendered it impossible to secure 
 suitable schooling for four months to all the children of the state accord- 
 ing to the constitutional requirement. Even with the discretion over 
 one- third of the general fund as given by this section, and of the special 
 
17 
 
 fund provided for in section 2590, it will still be impracticable absolutely 
 to equalize school terms. Our interests are exceedingly diversified, the 
 two races in some sections are very unequally distributed, and many 
 districts are made too small in territory and in number of children — all 
 of which must be taken into consideration by the county boards of ed- 
 ucation. The boards are instructed to use their best discretion to carry 
 out the spirit of the law, and to give to all the children of their respect- 
 ive counties the very best possible facilities. No rule can be made which 
 will be equitably applicable to all the counties, and so each board must 
 act for itself, within the limits of the law. 
 
 Although an apportionment is required to be made on the first day of 
 January in each year, the revenue and machinery laws have been so 
 changed as to require the school poll tax and school propertj- tax to be 
 borne in separate columns on the tax lists, whether levied by the assem- 
 bly or by the commissioners, and it will be practicable for the county 
 board of education, on the first Monday of September, to make an ap- 
 portionment to the districts, based on the money then in the hands of 
 the treasurer and the amount borne on the tax lists. 
 
 If they deem it best to make an apportionment at that date they will 
 deduct from the tax levy a sufiicient amount to cover commissions of 
 sheriff and treasurer, insolvents and other necessary expenses, and no- 
 tify the committees that the amount appoitioned will be subject to their 
 draft on December 31st, at which date the ^leriff is required to pay over 
 all school money. 
 
 The annual apportionment, required to be made on the first Monday 
 in January, will be supplemental to any appo;rtionment which may be 
 made in SeiDtember, and will include only money then in the hands of 
 the treasurer not apportioned in September, if any there be more than 
 is necessary to cover expenses. 
 
 Sec. 2552. Basis of , animal apjooTtionmcnt of lyuhlic school 
 moneys. 
 The annual apportionment of public school moneys shall 
 be based upon the amounts actually received by the county 
 treasurer from all sources and rej)orted by him to the county 
 board of education as required by this chapter. But a suffi- 
 cient amount of money shall be left unapportioned to pay 
 the general school expenses of the county authorized by this 
 chapter. 
 
 Note. — The general expenses authorized are : pay of county super- 
 intendents, treasurer's commissions, mileage and per diem of county 
 boards, postage and stationery, fuel for office of the board, and $100 for 
 a county institute. 
 
Sec. 2553. {As amended by Laws of 1885). School committee ; 
 their- duties ; vacancies, &c. 
 For each white and each colored school district there shall 
 be elected biennially by the county board of education of 
 the respective counties, on the first Monday in September, a 
 school committee of three persons, whose term of service 
 shall begin the first Monday of October following, and whose 
 duties shall be as prescribed in this chapter. If a vacanc}^ 
 should at any time occur, it shall be the duty of the county 
 board of education to appoint a suitable resident of the school 
 district to fill such vacancy, and the person thus appointed 
 shall exercise all the powers and duties of a school commit- 
 teeman until his successor is elected and qualified. For suf- 
 ficient cause, rafter thirty days' formal notice, the county board 
 of education may remove a school committeeman and pro- 
 ceed at once to fill the vacancy thus created. 
 
 Note. — Select for school committeemen those who will give per- 
 sonal attention to school interests in their districts. The election takes 
 place biennially on the first Monday in September. County boards will 
 note that the law requires three committeemen for each white, and three 
 for each colored district. The committeemen for colored school dis- 
 tricts need not necessarily be colored men; where competent colored 
 men cannot be had, experienced and competent white men should be 
 selected. The same persons may be appointed committeejuen for a white 
 and for a colored district. It is specially recommended that the com- 
 mittees appoint a day, previous to the first Monday in September of the 
 year in which the new committees are to be appointed, and invite the 
 patrons of the district scliool to meet at the school-house for the pur- 
 pose of recommending persons to be appointed committeemen, whose 
 names shall be reported by the committee to the county board of edu- 
 cation on the said first Monday in September. The persons thus recom- 
 mended should attend at the county seat on the day of election, in order 
 that those elected may qualify and receive instructions from the county 
 l)oard of education and the county superintendent, as to the proper dis- 
 charge of their duties. 
 
 Sec. 2554. Comity treasurer to receive and disburse school fund; 
 Ids boxid; misdemeanor, d:c. 
 
 The county treasurer of each county shall receive and dis- 
 
19 
 
 bilrse all public school funds ; but, before entering upon tlie? 
 duties of liis office, he shall execute a justified treasurer's 
 bond, with security in double the amount of all jDublic school 
 moneys received by him or by his predecessor during the 
 previous year, conditioned for the faithful performance of his 
 duties as treasurer of the county board of education, and for 
 the payment over to his successor in office of any balance of 
 school moneys that may be in his hands unexpended, and 
 the county board of education may, from time to time, if 
 necessary, require him to strengthen said bond, and in de- 
 fault thereof the members of the county board of education 
 shall be guilty of a misdemeanor"; and for an}^ breach of said 
 bond, action shall l)e brought by the county board of educa- 
 tion. 
 
 Note. — It is the duty of county cojiimissioners to take the bond 
 of the Treasurer, which should always be separate, not including liabil- 
 ities for other funds, and it is also their duty, under section 771 of The' 
 Code, to bring an action for any breach of said bond. 
 
 Sec. 2555- Orders, how issued upon treasurer of county board of 
 education; proviso; payments for building or repairing 
 school houses. 
 x4.ll orders upon the treasurer of tlie county board of edu- 
 cation for school money for the payment of teachers, duly 
 countersigned by the county superintendent of public in- 
 instruction, and all orders for the purchase of sites for school 
 houses and for the cost of building, repairing and furnishing 
 school houses, shall be signed by the school committee of 
 the district in which the school is taught, or in which the 
 site or school house is situated, which orders, dul}^ indorsed 
 by the person to whom the same are payable, shall be the 
 only valid vouchers in the hands of the treasurer of the 
 county board of education, to be paid out of the funds ap- 
 portioned to the district in which the school house is erected : 
 Provided, the said treasurer shall not pay any school money 
 for building or repairing any school house, unless the site on 
 
20 
 
 which it is lotzated has been donated to or purchased by the 
 school committee of the district in which said house is located, 
 and a deed for the same regularly executed and delivered to 
 said committee and their succe&sors in office, probated, regis- 
 tered in the office of register of deeds for the county, and de- 
 livered to the treasurer of the county board of education, to 
 be by him safely deposited with his valuable official papere, 
 and surrendered to his successor in office, and for default he 
 shall be liable on his official bond for any sum thus illegally 
 paid. No order given by a school committee of an}^ district 
 for maps, charts, globes or other school apparatus, shall be 
 valid unless the same be indorsed by the county superinten- 
 dent of public instruction and apj:)rovcd by the county board 
 of education. 
 
 Note.— Treasurers will note that orders for teachers' salary must 
 be countersigned by county superintendents and sworn to to make them 
 valid vouchei"s in tlieir hands. Treasurer's will also note that the entire 
 cost of erecting, repairing and furnishing school- houses may be paid out 
 of school fmid of the disti-ict in which the house is situated, and their 
 attention is pai'ticularly called to the proviso of this section. In connec- 
 tion with this, let treasurers note the provisions of section 2557, and pay 
 no school money for any of the purposes mentioned until all the provi- 
 sions of these sections have been strictly complied with. 
 
 The compensation of the treasurer of the county board of education 
 is determined by the county comiaiissioners, in accordance with section 
 770 of The Code, The proviso in that section does not allow two and 
 one-half per cent, on both receipts and disbui-sements, unless such allow- 
 ance on all moneys handled by the treasurer, including county and 
 school funds, would not amount to more thaai $250. 
 
 Sec. 2556. Duties of treasurer of county board of education. 
 
 It shall be the duty of the treasurer of the county board 
 of education to keep a book in which he shall open an ac- 
 count with each public school district in the county, showing 
 the amount apportioned to said district, distinguishing the 
 moneys due to the white and the colored districts, the date 
 of all payments of school moneys, the name of the person to 
 whom paid and the several amounts. He shall balance the 
 
21 
 
 aecotrnts of each district annually on the thirtieth clay of 
 November in each and every year, and shall report by letter 
 or printed circular, within ten days after each apportionment, 
 to each school committee the amount apportioned to the re- 
 spective districts for the year, together with the balance 
 which ma}^ be due any of the said districts from the j3reced- 
 -ing year. 
 
 *SEa 2557. Treasurer to Jurnish hlmik deeds to school, commit- 
 tees ; Jorm of deed; lohen land to revert 
 
 It shall be the duty of the treasurer of the county board 
 of education to furnish school committeemen with blank 
 deeds for school-house sites. If a school-house site has been 
 purchased, an ordinary fee simple deed shall be executed. If 
 ■51 site has been donated, the donor may provide in the deed 
 of gift that the title to the site, but not to the improvements, 
 •shall revert to him or his heirs in case the same shall cease 
 to be used for school purposes for the space of three years. 
 
 •Sec. 2558. Treasurer to make report to county hoard, of educa- 
 tion. 
 
 The treasurer of the county board of education shall, on 
 the first Monday in December in each year, report to said 
 board the amount of m^oney received from the sheriff for pub- 
 lic school purposes, said report to show in detail the amounts 
 I'eceived respectively from property tax, poll tax, liquor 
 licenses, autioneers, and from such other sources as may be 
 taxed by the general assembly for school purposes. He shall 
 also report, af the same time, the amount of moneys received 
 by him from fines, forfeitures and penalties and from the 
 state treasurer and other sources for public school purposes. 
 
 ■Sec. 2559. Treasurer to produce books^ vouchers, &c., when re- 
 quired by board. 
 The treasurer of the county board of education shall, when 
 required by said board, produce his books and vouchers for 
 2 
 
').'7. 
 
 examination, and shall also exhibit all moneys clue the piib '• 
 lie school fund of the county at each settlement required by 
 this chapter. 
 
 Note. — The board of education shall from tiroe to time examine 
 1;he books and vonehers of the treasurer, to see that they are properly 
 kept and the money expended strictly according to- law. 
 
 Sec. 2560. {As' amended hy the Laivs of 1885). Treasurer ta 
 make report to state saperintendent of public instruction. 
 
 The county treasurer of each county shall report to the 
 state superintendent of public instruction on the- first day of 
 December of each year, the entirie amount of school money' 
 received by him during the preceding school year, the sev- 
 eral sources from which it was derived and the disbursements- 
 thereof made by him, designating the sums paid to teachers- 
 for the white and colored children respectively and for school-- 
 houses and school-house sites, in the several districts. He 
 also shall report to the state superintendent of public in- 
 struction, specifieally and in detail by items, the amounts 
 paid out for other purposes^ and on the same day he shall file 
 a duplicate of said report with the county suj)erintendent of 
 'public instruction. 
 
 Note. — County treasurers, and sheriffs actmg as treasurers, will 
 note the provisions of this section, and report promptly at the time sjiec- 
 ified and in the manner prescribe 1. being cai-eful to avoid errors in their 
 accounts and calculations, thus enabling the state superintendent to- 
 make his report by the first of the following month. They will note 
 that they are recjuired to file a copy of their report with the county su- 
 perintendent ;" superintendents will see that this is done.. If not done 
 promptly and by items, as required by law, they will notify the state su- 
 perintendent. The report must be made in such a way as to show the- 
 items for all expenditures for general purposes. 
 
 Sec. 2561. Treasurer to keep account of public school moneys. 
 
 Tli-o treasurer of the county board of education shall keep 
 a book in which shall be entered a full and detailed account 
 of all public school moneys received by him, the name of 
 CcU'li ])erson paying him school money, the source from which 
 
the same may have been derived, and the date of such pay- 
 ment : Provided, in his settlement with the sheriff or other 
 collecting officer of public school taxes or other school fund^ 
 the said treasurer shall receive money only^ 
 
 Note.— Sheriffs or tax collectors must settle the school fund with 
 the treasurer in vioney only, and county treasurers must demand money 
 only in their settlements. 
 
 Sec. 2562. {As amended by the Laws of 18^5): Traasurer faiU 
 ing to report to said superintendent, guilty of misdemeanor. 
 Any treasurer of a county board of education failing to 
 make the reports required of hiin at the time and in the 
 manner prescribed shall* be guilty of a misdemeanor, and be 
 fined not less than fifty dollafs and not more than two hun- 
 dred dollars, or imprisoned not less than thirty days nor more, 
 than six inonths, ill the discretion of the court. 
 
 Sec. 2568. Sheriff to pay annually in money to treasurer of tJie 
 county hoard, amount of state and comity taxes levied for 
 school purposes, &c.; misdemeanor ; penalty ; action on bond. 
 The sheriff of each county shall pay annually in money 
 to the treasurer of the county board of education thereof, on 
 or before the thirty-first day of December of each year, the 
 whole amount levied, less such sum or sums as may be al- 
 lowed on account of insolvents for the current year, by both 
 state and county, for school purposes ; and, on failure so to 
 do, shall be guilty of a misdemeanor, and fined not less than 
 two hundred dollars and be liable to an action on his official 
 bond for his default in such sum as will fully cover such de- 
 fault, said action to be brought to the next ensuing term of 
 the superior court and upon the relation of the board of 
 county commissioners for and in behalf of the state. 
 
 Sec. 2564. (.4s amended by the Laws of 1885). Sheriff" to take 
 dupliccde receipts. 
 The sheriff, or other collecting officer, shall take duplicate • 
 
24 
 
 receipts of the treasurer of the county board of education 
 for such payments as he may make under this chapter, one 
 copy of which shafl be transmitted to the auditor of the state, 
 and one to the chairman of the county board of education. 
 
 JSToTe.— Secs. 2562, 2563 and 2564.— Treasurers and sheriffs will specially 
 note the provisions of these sections. They will keep the poll and property 
 tax separate, indicating each in the receipts given by the ti'easurer. This 
 chey will be the better able to do hereafter, because the school i^oU tax 
 and school property tax of each individual will be separated on the tax 
 lists. A little attention to this will enable the treasurers to make their 
 reports promjatly on December 1st according to law. 
 
 Sec. 2565. {As amended by the Laws of 1885). Duties of sec- 
 rdary of county hoard of education. 
 
 The secretary shall record all of the proceedings of the 
 <county board of education, issue all notices and orders that 
 may be made by said board pertaining to the public schools, 
 school-houses, sites or districts, (which notices or orders it 
 shall be the duty of the secretary to serve by mail, or by per- 
 sonal delivery without cost), and record all school statistics. 
 The county board of education shall provide the secretary 
 with a suitable book in which to make the records required 
 by this section. 
 
 Sec. 2566. {As amended hy the Laws of 1885). Examination 
 of applicants for teachers^ certificates by county superinten- 
 dent of public instruction ; grades of certificates vcdid for 
 one year in county ivhere issued ; what to be taught in public 
 schools ; proviso. 
 The county superintendent of public instruction of each 
 ■ county shall examine all applicants of good moral character 
 for teachers' certificates at the court-house in the county, on 
 the second Thursdays of February, April, July, September, 
 October and December of every year, and continue the ex- 
 amination from day to day, during the remainder of the 
 week, if necessary, till all applicants are examined. The 
 grade of the certificate to which the applicants may be enti- 
 
25 
 
 tied shall conform to the following standard of excellence: 
 that is, one hundred being the maximum, a certificate sh*all 
 not issue to any applicant who makes less than fifty per cen- 
 tum in any one branch, or whose general average is less than 
 seventy per cenium. A general average of ninety per centum 
 and over shall entitle an applicant to a first grade certificate ; 
 a general average of eighty per centum or more shall entitle 
 the applicant to a second-grade certificate ; and a general 
 average of seventy p)ef ce'ntum or more shall entitle an appli- 
 cant to a third-grade certificate. The certificates shall be 
 valid for one year from their dates and only in the county in 
 which they were issued. No branches shall be taught in the 
 public schools except spelling, defining, reading, writing, 
 arithmetic, English grammar, geography, elementary physi- 
 ology and hygiene and the history of the state and United 
 States ; Provided, the school committee may make special ar- 
 rangements to allow other branches to be taught : Provided 
 ■also, the county superintendent shall hold his examinations 
 publicly, and shall invite competent persons to assist him in 
 such examinations, and if it shall be found necessary for 
 want of more competent teachers to supply the schools, he 
 may examine the applicant on a portion only of the studies 
 and grant a partial third-grade certificate and assign the 
 teacher to a designated district, and he shall teach in no 
 other. 
 
 N(JTE.— The county superintendent's attention is specially directed 
 to the necessity of insisting on the required proficiency in the studies 
 ni-entioned in this section, and he should grant certificates to none ex- 
 cept to those who produce reliable evidence of good character, and pass 
 an approved examination, fairly testing the proficiency of the applicant. 
 School committees should provide for additional studies in the public 
 scliools, when such action will be of advantage to any of the pupils of 
 their district. The pursuit of aU useful knowledge should be encoui-aged 
 in the schools. Elementary Physiology and Hygiene has been added to 
 the list of studies. It is desirable that aU teachers should be well-in- 
 formed on this subject, as they will hereafter be examined on it as one 
 of the common school branches. Whether classes are instructed or not 
 in this science., the teacher should Jiot fail to give lectures and enforce 
 
26 
 
 the rules of health. It will be observed that no private examinations, 
 can be held. Six days are appointed by law for examinations, and the 
 boards will see that all examinations are made on these days or on the 
 day following if one day is not sufficient, except in extraordinary cases. 
 The examinations need not be held in the court-house, but may be con- 
 ducted in any suitable room at the county seat. 
 
 Sec, 2567. {As amended by the Laws of 1885). Teachers' insti- 
 tides ; teachers required to attend. 
 The board of education of any county may annually ap- 
 propriate an amount jiot exceeding one hundred dollars out 
 of the school funds of the county for the purpose of conduct- 
 ing one or more teachers' institutes for said county ; or the 
 county boards of education of two or more adjoining coun- 
 ties may, if in their judgment deemed proper, appropriate an 
 amount not exceeding one hundred dollars to each county,, 
 for the purpose of conducting a teachers' institute for said 
 counties, at some conyeAient and sa,tisfactory point, and the 
 public school teachers of the said county or counties are re- 
 c|uired to attend said institutes, which latter shall be open 
 ^Iso to any teachers in the county or counties who may be 
 desirous to attend them. 
 
 gEC. 2568. County siuperintendent to have charge of irhstitute^ &c., 
 A county teachers' institute under the preceding sectiQU, 
 shall be under the supervision of the county superintendent 
 of public instruction. In the event of a joint county tpach-. 
 ers' institute,, the superyision shall be vested in a president 
 to be elected by the iAstitute from aiiflong the county super- 
 intendents present. 
 
 Note,— Seqs.^ 2567 and 256,8. — The county board of education of each 
 pounty should make an appropriation of a sufficient surn^ under the provi- 
 sions of these sections, for the proper training of the teachers of the county 
 for work in the pubUc schools. A well conducted teachers' institute is 
 ^n abso^lute necessity for the proper development and progress of the 
 school system of a county. It is a mistaken idea of economy in county 
 boards to withhold the funds necessary for this work. The public school 
 teaiPhers are required by law to attend the, instit^te§^ 
 
27 
 
 'Sec. 2569. {As amended by ,the Laivs of 1885). Duties of 
 county superintendent of public instruction ; power ; suspen- 
 sion of teacher. 
 
 It shall be the duty of the county superintendent of pub- 
 lic instruction to advise with ,the teachers as to the best meth- 
 ods of instruction and government, and to that end he shall 
 keep himself thoroughly posted as to the progress of educa- 
 tion in other counties, cities and states ; he shall have author- 
 ity to correct abuses, and to this end he may with the con- 
 currence of a majority of the .school committee of the dis- 
 trict in whick he is employed suspend any teacher who may 
 be guilty of any immoral or disreputable conduct, or who 
 may prove himself incompetent to discharge efficiently the 
 duties of a public school teacher, or who may be persistently 
 neglectful of said duties, or if the salary is exorbitant, or the 
 patronage insuflicient to justify the rexpenditure, and th« 
 -.teachers shall be paid only to the date of such suspension. 
 Under the supervision of the county hoard of education, he 
 .shall visit the schools, and h=e shall perform such other duties 
 ;as may be required of him by the county board of education 
 .and the state superintendent ; and shall obey their instruc- 
 tions,. 
 
 NoTE.---Tlie sctool .c-ouaniittees ^should hearljly co-operate with .the 
 iCotinty superintendent, under the provisions of this section, in securing 
 the best work possible by the teachers in the school room, and in purg- 
 ing the public schools of all immoral and incompetent teachers. Tlie 
 training of children must not be left in the hands of those whose exam- 
 ple in daily hfe could not be safely followed by their pupils. 
 
 .Sjec. 2570. County sup)erintendent to d^istribute blanks. 
 
 It shall be the duty of the county superintendent of public 
 instruction to distribute to the various school committees of 
 his county all such blanks as may be furnished by the state 
 .superintendent of public instruction for rei^orts of school sta- 
 tistics of the several districts ; also blanks for teachers' re- 
 ports and for orders on the treasurer of the county board of 
 
28 
 
 education for teachers' salaries ; he shall also distribute to the 
 school committees school registers for their respective dis- 
 tricts ; he shall advise with said committees as to the best 
 methods of gathering the school statistics contemplated by 
 such blanks, and, by all proper means, shall seek to have 
 such sta,tistics fully and promptly reported. 
 
 Note.— The blanks provided for in this section tvIU be furnished 
 by the state superintendent upon the application of the county super- 
 intendent for the same. County superintendents should see that each 
 school m the county is supplied with a school register, and tha,t the 
 teachers keep therein a proper record of the school. Registers will be- 
 furnished to the several counties upon apphcation to this office. Coimty 
 superintendents should see that school blanks are used for school pur- 
 poses only. When asking for blanks superintendents should mdicate 
 the express office to which they desire them sent. 
 
 Sec. 2571. {As- amended by the Lcm& of 1885)- Couiify super- 
 intendent to countersign orders an treasurer of county board 
 for po.yment of teachers- scdcwiew. 
 
 It shall be the duty of the county superintendent of public 
 instruction to countersign all orders given by the several 
 school committees upon the treasurer of the county board of 
 education in payment of teachers' salaries, and it shall not 
 be lawful for the said treasurer to pay such orders unless the 
 same have been countersigned by the county superintendent 
 of public instruction : Pro-vided, the said county superinten- 
 dent shall not have authority to countersign any such order 
 until the teacher in whose favor it is drawn shall have made 
 the reports to the count}'- superintendent required by this-- 
 chapter, and shall have sworn to them before the county su- 
 perintendent. 
 
 Note. — The spirit of this proviso is, that no voucher shall be coun- 
 tersigned imless sw^orn to, and while it should be done in the presence 
 of the county superintendent, to avoid inconvenience it may he doiie 
 before aiiy other offi.cer. See section 2576. 
 
29 
 
 Sec. 2572. County superintendent to deliver to county hoard cata- 
 logue of teachers, &c. 
 The county superintendent of public instruction shall de- 
 liver to the county board of education, on or before the first 
 Monday in December in every year, a catalogue of all the 
 teachei-s to whom he gave certificates during the year. 
 
 Sec. 2573. County superintendent to report to state superinten- 
 dent n umber, &c., of teachers, schorJs, &c. 
 
 It shall be the duty of the county superintendent of public 
 instruction of each county, on or before the first Monday in 
 December of every year, to report to the state superintendent 
 of public instruction an abstract statement of the number, 
 gi'ade, race and sex of the teachers examined and approved 
 by him during, the year ; also the number of public schools 
 taught in the county during the year for each race; the num- 
 ber of pupils of each race enrolled in said schools ; their 
 average attendance ; the number of females; the average 
 length of the terms of said schools and the average salary^ 
 respectively, of the white and colored teachers ; also full and 
 accurate statistics of ■ the number of school children in the 
 county, giving race and sex ; the number of school districts 
 for each race and the number of public school-houses and 
 the value of public school property for each race ; the num- 
 ber of teachers' institutes held and the number of teachers 
 that attended such institutes ; together with such suggestions 
 as may occur to him promotive of the school interests of the 
 county. 
 
 Note. — County sui^erintendents should make full and prompt re- 
 lX)rts under the provisions of this section, and they are hereby required 
 to report all pei-manent private schools hi theii* county, as indicated by 
 a blank which will be furnished them. 
 
 Sec. 2574. {As amended by the Laws of 1885). County super- 
 intendent to record copy of report to stcde supervntendent in 
 office of secretary of county board. 
 The county superintendent of public instruction shallfre- 
 
so 
 
 €ord in his hooks his annual report to the state superinten- 
 dent of puhlic instruction and the census reports and school 
 Matistics as reported to him by the school committees. 
 
 ;Sec. 2575, {As amended by the Laws of 18,85). Compensation 
 of comity supjerintendent. 
 Each county superintendent of public instruction who 
 rshall comply with this chapter shall receive, as compensation 
 for his services, such sum as in the discretion of the board of 
 education may seem adequate and just, the amount not to 
 be less than two nor more than three dollars per day for all 
 days nece&sarily engaged in the discharge of the duties of 
 his position, of which said service he shall present,' at their 
 ■regular meeting, to the county board of education, an item- 
 ized account, with an affidavit attached, that the services 
 therein charged have been in fact rendered, whereupon if 
 approved by the county board of education it shall be the 
 duty of the chairman and. secretary of said ]x)ard to draw an 
 -order on the treasurer of the county board of education for 
 the amount due the county superintendent by virtue of this 
 section. This order shall be paid by the said treasurer out 
 ^f the school funds : provided, his salary shall not exceed 
 four per centum of the school fund apportioned in the 
 county. 
 
 NoTE.T— Tlie board of education has authority to determine the paj 
 ,of the county superintendent, which shall not be less than tw.o nor more 
 than three dollars per day, and shall not exceed four per centum of the 
 money receivied by the treasurer and apportioned for any one year. He 
 is under their supervision and subject to their instructions, And is to be 
 paid only for tli^e number of full days' w£)rk actually done, which may 
 ^or may not amount to the maximum, four per centum, allowed by the 
 law. The compensation is by the day. jSto salary by the .month or by 
 the year ca,u be allowed, 
 
 ,Sec, 2576, {As miunded by the Laivsof 1885). Oath of school 
 committeemen; school officers authorized to administer ccdhs.. 
 
 •Before euterin_g upon the duties of their office^ the school 
 
31 
 
 committeemen shall take an oatli for the faithful discharge 
 of the duties of their office. In all matters pertaining to the 
 execution of the school law, all the membei"s of the county 
 board of education and the county superintendent are aU' 
 thorized to administer oaths, but neither they nor justices of 
 the peace shall, be entitled to any fee for such service. 
 
 Sec, 2577. Meeting of school commiiteeinen ; chairman; clerk; 
 record to be kept. 
 
 The school committee of each school district, within fif- 
 teen days after their election or appointment, shall meet at 
 some convenient point withiii the school district, and organ- 
 ize by electing one of their number chairman and another 
 of their number clerk of the school committee, and the said 
 clerk shall keep a record of the proceedings of said commit- 
 tee in a book provided for that purpose, 
 
 NoTE.^A record of the proceedings of each committee, as re-, 
 quired by this section, should be kept ; very many difficulties will be 
 9,voided thereby. All actions taken by the committee are unlawful, 
 unless in a meeting of the committee, a majority being present, and a, 
 record of the sajme made. This record book is not furnished by the 
 state superintendent but may be bought by the committee. 
 
 Sec. 2578. School committee to be a body corporate. 
 
 The school committee of each school district shall be a 
 body corporate by the name and style of " The School Com-. 
 
 ifiittee of District No. -.^^^ , in the county of ,_. ," 
 
 and by that name shall be capable of purchasing and hold' 
 ing real and personal estate, and of selling and transferring 
 the same for school purposes, and of prosecuting and defend-, 
 ing suit for or against the corporation. All conveyances to 
 school committees shall be to them and their successors in 
 office, 
 
32 
 
 Sec. 2579. {As amended by the Laws of 1885). School tommit- 
 tee to take annual census of children ; to report number of 
 school-houses to county superintendent. 
 
 It shall be the duty of the school committee of each dis- 
 trict to take and return to the county superintendent of pub- 
 lic instruction, on or before the first day of November in 
 every year, a full and accurate census of the children be- 
 tween the ages of six and twent3^~one years, designating the 
 race and sex. And the said committee shall also report to 
 the said county superintendent the number of public school- 
 houses and the value of all public school j)roperty, for each 
 race, separately. 
 
 Should the committee fail to make such report by the first 
 day of December, the report of the preceding year shall be 
 taken as the basis of the report to the state superintendent. 
 The said report shall be signed by the member of the com- 
 mittee designated to take the census, and be sworn to before 
 any justice of the peace or other person authorized to ad- 
 minister oaths. 
 
 Note. — The scliool committee of each district should not fail to 
 make the report called for by this section at or before the time specified. 
 A failure by the committee to make the report required by this section, 
 is sufficient cause for their removal by the county boards. The county 
 boards are liereby directed to apply this remedy in all cases of failure to 
 make the report. The committee will designate one of their number 
 to perform this duty who is to swear to the report. 
 
 Sec. 2580. {As amended by the Laivs (f 1885). School commit- 
 tee authorized to employ and dismiss teachers, a/ td to fix th^' 
 pay. 
 
 The school committees shall have authority to emploj^ and 
 dismiss teachers in their respective districts, subject to the 
 ratification of the county superintendent and to the instruc- 
 tion and supervision of the county board of education ; but 
 no contract shall be made during any year to cover a larger 
 sum of money than the amount apportioned to the district 
 for that year. No teacher shall be employed who does ns.)t 
 
33 
 
 produce a certificate from the county superintendent of pub- 
 lic instruction dated within the time prescribed by law. 
 Teachers of third grade shall receive out of the public fund 
 not more than fifteen dollars per month ; of the second grade 
 not more than twenty-five dollars per months and teachers 
 of first grade may receive such compensation as shall be 
 agreed upon; but no teacher shall receive any compensation 
 for a shorter term than one month unless providentially hin- 
 dered. Twenty school days shall be a month : Provided, that 
 in all cases it shall be the duty of school committeemen in 
 employing teachers with first grade certificates to report the 
 name of the teacher, the amount of compensation agreed 
 upon and the length of time, and no contract shall be valid 
 until approved by the county superintendent under such 
 rules and regulations as may be prescribed by the county 
 board of education. No committeeman shall be a teacher 
 nor in any way be interested in building or repairing any 
 school-house unless with the approval of the count}^ super- 
 intendent. No committeeman shall receive any compensa- 
 tion except such sum as may be allowed by the county board 
 of education for taking the school census, which sum shall 
 be paid out of the fund of the district. 
 
 Note. — School conimittees should, employ the best teachers they 
 can get. A good teacher is cheaper at a high price than an incompetent 
 teacher at a low price. It is to be regretted that so fev7 well qualified 
 female teachers are employed in our public schools. Women, as a rule, 
 are better teachers of primary classes then men, other qualifications be- 
 ing equal. The practice in some sections of employing teachers and put- 
 ting them to work before they have the county superintendent's certifi- 
 cate, relying on a prospective examination, is unlawful. The board can 
 give general directions relative to the emj)loyment of teachers — priced 
 to be paid, &c. The authority here given to the board and to the super- 
 intendent need not be construed to mean that each separate contract 
 tnust be approved but that committees must complj"- with the instruc- 
 tions given them relative to the employment of teachers. Contracts 
 shoiild be made by the month and should continue only so long as the 
 money on hand or to be apjjortioned during the school year irrto which 
 the school term extends will pay. 
 
 The board of education should require all contracts with teachers to 
 
M 
 
 he made subject to tlieir authoiity to discontinue any school for ini-- 
 moral conduct on the ]3art of the teacher, for insufncient attendance or 
 for any cause satisfactory to them. 
 
 Sec. 2581. Teachers to render statement of number of pupils^ 
 &c., to school committee ; ivhen order for payment of teachers 
 to be given. 
 
 At the end of evei'y term of a public school, the teacher 
 or principal of the school shall exhibit to the school com- 
 mittee of the district a statement of the number - of pupils, 
 male and female ; the average daily attendance, the length 
 of tei'm and the time taught. If the committee are satisfied 
 that the provisions of this chapter have been complied with,- 
 they shall give an order on the treasurer of the county board 
 of education, payable to said teacher, for the full amount due 
 for services rendered. 
 
 Note. — School committees Should in no case give an order on the treas- 
 urer for the teacher's salary until the requirements of this chapter have 
 been complied with. 
 
 Sec. 2582. School committee empowered to receive gifts, &c.; deed^ 
 how executed; proceeds of sale; to have care of school-house^ 
 etc., and to sell the same, &c.; original grantor to have option 
 to repurchase school-house site when resold^ 
 
 The school committee may I'eceive any gift, grant, dona- 
 tion or devise, made for the Use of any school or schools 
 within their jurisdiction, and in their corporate capacity they 
 shall be intrusted with the dare and custody of all school- 
 houses, school-house sites, grounds, books, apparatus, or other 
 public school property belonging to their respective jurisdic-^ 
 tions, with full power to control the same as the}'" may deem 
 best for the interest of the public schools and the cause of 
 education. When, in the opinion of the committee, any 
 school-house, school-house site or other loublic school prop- 
 erty, has become unnecessary for public school purposes, they 
 shall sell the same at public auction, after advertisement for 
 twenty days at three public places in the count3\ The deed 
 
ibr' the jtfoperty thiis sold shiall be executed by the chainilail 
 and clerk of the committee, and the proceeds of the sale 
 shall be paid to the treasurer of the county board of educa- 
 tion for the school expenses in said school district : Provided 
 the com'mittee shall first offer the site and improvements to 
 the original grantor, donor or his heirs, at a price fixed by 
 the committee. And in the event of a disagreement as to 
 the price, the committee shall select one discreet and disin- 
 terested person, and the grantor, donor or his heirs shall se- 
 lect another such person, to value and appraise the property, 
 and in the event they cannot agree, they sfliall call to their 
 aid an umpire ; and upon the payment of the price thus 
 fixed the committee shall convey, by proper deed, the prop- 
 erty to the original grantor, donor or his heirs. 
 
 Sec. 2583. Empowered to receive sites for school-houses by dona- 
 tion of purchase; in case of purchase, approval of chairman 
 and secretary of county board necessary ; title ; proceeding to 
 condemn land for school-house site. 
 The school committee may receive suitable sites for school 
 houses by donation or purchase. In the latter case they shall 
 report the price to the chairman and secretary of the county 
 board of education. If the latter are satisfied that the price 
 is not excessive, they shall approve the order of the commit- 
 tee on the treasurer of the county board of education for the 
 purchase money, and upon 2:)ayment of the order, the title 
 to said site shall vest in the committee and their successors 
 in office. Whenever the committee are unable to obtain a 
 suitable site for a school by gift or purchase, they shall re- 
 port to the county board of education, and the latter shall 
 thereupon appoint three disinterested citizens, who shall lay 
 6fi not more than one acre, and assess the cash value thereof, 
 and report their proceedings to the county board of educa- 
 tion. If said report is confirmed by the board, the chairman 
 and secretary shall approve the order which the district 
 school committee shall give on the treasurer of the county 
 
36 
 
 boat'd of education in favor of the Ownei" of the land thus 
 laid off, and upon payment or offer of payment of this order, 
 the title to said land .shall vest in the school committee and 
 their successors in office ; Provided, improved land shall not 
 be condemned under this section : Provided furtlier, any per- 
 son aggrieved by the action of said board may appeal to the 
 superior court of the county in which said land is situate, 
 upon giving b'-nd t > secure the board against such costs as 
 they may incur (.)n acount of said appeal not being pros- 
 ecuted with effect. 
 
 Note. — School committees -sliorild procm-e suitable sites in their respec' 
 tive districts, and have comfortable school-houses erected thereon. When 
 the district has no school-house, disputes arise each year as to where the 
 school should be taught, and thus neighborhood quarrels are promoted 
 which injure tlie schools. School committees should j)ay particular at- 
 tention to the pix)visions of these sections to save trouble in connection 
 with titles. 
 
 Before proceedings are had to condemn land the secretary of the coun- 
 ty board shall give to the owner of the land five days' notice that ap- 
 praisers have been appomted, who will proceed to lay off, according to 
 law, one acre and assess the value of the same. 
 
 Sec. 2584. JSchool committee to deliver deeds to tr^murer oj county 
 hoard. 
 
 The school c 'mmittee in each district shall deliver t-) the 
 treasurer of the c;>unty b( ard of education all deeds f.-r 
 school-hcaise sites aiid t.ther school property, to be rec: rded, 
 if not already rec)rded, and deposited with said treasurer for 
 safe-keeping as provided in this chapter. 
 
 Sec. 2585. Duties of teachers; dismissal of pupil 
 
 It shall be the duty < f all teachers ( f free public schools 
 to maintain good (rder and' discipline in their respective 
 schools, to encourage morality, industry and neatness in all 
 of their pupils, and to teach thoroughly all the branches 
 which they are required to teach. If an}^ pupil shall wil- 
 fully and persistently violate the rules of the school, such 
 pupil may be dismissed by the teacher for the current term. 
 
'3:7 
 
 T^ioTE. — On the subject of tlie authority of the teacher as to corporal 
 punislinient, the following decision, rendered by Judge Gaston, 2 Dev- 
 •ereux & Battle, p. 365, is quoted : " The law confides to school-masters 
 •and teachers a discretionary power in the infliction of punishnaent upon 
 their pupils, and will not hold them responsible criminally, unless the 
 punishment be such as to occasion ]>ermanent injury to the child, or be 
 inflicted merely to gjfatif y their own evil passions. 
 
 " It is not easy to state wdth precision the power which the law grants 
 to school-masters and teachers, with respect to the correction of their 
 pupils. It is analogous to that whicli belongs to parents, and the author- 
 ity of the teacher is regarded as a delegation of parental authority. One 
 •of the most sacred duties of parents is to raise up and qualify their chil- 
 dren for becoming useful and virtuous members of society : this duty 
 cannot be effectually performed without the ability to command obedi- 
 ■ence, to control stubbornness, to quicken diligence and to reform bad 
 habits ; and to enable him to exercise this salutary sway, he is armed 
 with the power to administer moderate correction when he shall believe 
 it to be just and necessary, 
 
 ' ' Witliin the sphere of his authority, the master is judge when correc- 
 tion is requu-ed, and of the degree of correction necessary ; and like all 
 ■others intrusted with a discretion, he cannot be made penally responsi- 
 ble for error of judgment, but only for wickedness of purpose. The 
 best and wisest of mortals are weak and erring creatures, and in the ex- 
 ercise of functions in which their judgment is to be the guide cannot be 
 rightfully required to engage for more than honesty of purpose and dil- 
 igence of exertion. His judgment must be presumed correct, because 
 he is the judge, and also because of the difficulty of proving the offence 
 or accumulation of ofi'ences that called for correction; of showing the 
 pecuhar temperament, disposition and habits, of the individual cor- 
 rected; and of exhibiting the various milder means, that may have been 
 ineffectually used, before correction was resorted to. 
 
 * ' But the master may be punishable when he does not transcend the 
 powers granted, if he grossly abuse them. If he use his authority as a 
 cover of malice, and under pretence of administering correction, gratify 
 his own bad passions, the mask of the judge shall be taken off, and he 
 will stand amenable to justice, as an individual not invested with judi- 
 cial power." 
 
 For conduct outside of school, or after school is dismissed, it seems to 
 be agreed that a teacher may inflict punishment for any misbehavior 
 that has a direct or immediate tendency to injure the school, to subvert 
 the teacher's authority and to beget disorder and insubordination. This 
 line of authority it is difficult to draw with precision, and a wise discre- 
 tion must be exercised, the teacher always bearing in mind that it is tho 
 ■school and his authority to govern it that are to be protected. 
 
 3 
 
Punislinient can of course be inflicted for defacing, or' in any way in-- 
 juring any school property, for the use of any language calculated tc 
 stir up disorder or insubordination, for the use of any obscene writing 
 or pictures, or prints calculated to corrupt good morals. None of these' 
 offences should be tolerated. 
 
 While there is undoubted authority for corporal purrishment within 
 the bounds of reason, it is worth nothing at all, indeed is worse than no- 
 punishment, unless it is administered firmly and dispassionately, which,, 
 not all teachers are able to do. With most puj)ils, almost every other 
 means of control sliould be r&sorted to^ before any kind of corporal pun- 
 isnment. 
 
 The secret of success in school government lies in the art of creating 
 an interest and enthusiasm in school exetcises and their results. This, 
 done, the school will, in a la>rge measure, govern itself ; without it, no 
 kind or degree of corporal punishment will secure good results in school 
 -work or government. The teacher should so demean himself as to make^ 
 all pupils consider him their friend and benefactor,, keeping authority 
 and punishment in thebaokground, to be used whennothmg else will do. 
 
 Sec. 2586. {As amended by Laws of 1885.) Teachers to keep 
 daily records concerning ptqnls ; grades in scholarship, in 
 deportment ; report to be made to county superintendent. 
 
 Every teacher or' principal of a school to which aid shall 
 be given under this chapter, shall keep a daily record of all 
 absences of pupils and of the grade in scholarship and de- 
 portment of each. The grade in scholarship shall be indi- 
 cated by the numbers one, two, three, four and five, one rep- 
 resenting the highest or first grade and five the lowest, and 
 the three intermediate numbei^ the three intermediate grades. 
 Th© grades in deportment shall be represented by the same 
 numbers and in the same order. At the end of every term 
 every principal or teacher of a public school shall report to 
 the county superintendent of public instruction the length 
 @f term of school, the race for which it was taught, the num- 
 ber, sex and average daily attendance of the pupils, and the 
 number of the district in which the school was taught. 
 
 If any term comprehends parts of the two school years,, 
 beginning in one and ending in the succeeding, the teacher 
 shall on the first day of December make the above required 
 
39 
 
 report for the part of the term up to that date, and the re- 
 maining part of the term shall be reported when the term 
 closes and form part of the report for that year. 
 
 Note. — Teachers will note that their orders for salary will not be ap- 
 IJrovecl by the county superintendent, or paid by the treasurer, until this 
 report is made. Arrangements, however, may be made with the county 
 superintendent to approve orders for the salary of each month, so as to 
 enable teachers to draw their pay monthly. The teacher must, in this 
 case, make a report for the full session at its close, before he can receive 
 the last installment of his salary; or, if -the term embraces parts of two 
 fiscal years, two full reports must be made, each embracing that part of 
 the term included in its fiscal year. 
 
 Sec. 2587. School year. 
 
 The school year shall begin on the first Monday in De- 
 cember. 
 
 Sec. 258S. JEvery school receiving aid under this chapter to be a-' 
 public school. 
 
 Every school to \yhich aid shall be given under this chap- • 
 
 ter shall be a public school, to which all children living 
 
 within the district between the ages of six and twenty-one- 
 
 years shall be admitted free of charge for tuition : P)''ovided^ 
 
 the admission of pay students shall be under the direction 
 
 of the committee. 
 
 Note. — Only children of school age living within the distiict are ad- 
 mitted into the public schools of the district free of charge. Children 
 not of school age, or those living outside of the district, may be admit- 
 ted as pay students, by direction of the school committee. 
 
 Sec. 2589. Tax of tivelve and a hcdf cents on every one hundred 
 dollars of property and credits to be levied for support of 
 public schools; poll tax of thiiiy-seven and a hcdf cents. 
 
 In addition to the state and county capitation taxes, ap- 
 propriated by the constitution, and other revenue^ for the 
 support of the public schools, there shall be levied and col- 
 lected every year for the maintenance and support of the 
 public schools twelve and a half cent? on every one hundred. 
 
40 
 
 dollars worth of property and credits in the state, and thirtj^- 
 seven and a half cents on every poll in addition to the 
 taxes in the revenue law- 
 
 Sec. 2590. {As amended by Laws of 1885,) If taxes insufficient 
 to maintain jniMic scJiools four months, board of wnimis-- 
 sioners to levy special tax ; how collected. 
 If the tax levied by the state for the support of the public 
 schools shall be insufficient to maintain one or more schools 
 in each school district for the period of four months, then 
 the board of commissioners of each county shall levy annu- 
 ally a special tax to supply the deficiency for the support and 
 maintenance of said schools for the said period of four 
 months or more. The said tax shall be collected by the 
 ;sheriff in money, and he shall be subject to the same liabil- 
 ities for the collection and accounting of said tax as for other 
 .taxes. The said tax shall be levied on all property, credits 
 :and polls of the county ; and in tlic assessment of the amount 
 'On eacli the commissioners shall observe the constitu':^.onal 
 'equation of taxation ; and the fund thus raised shall be ex- 
 pended in the county in which it is collected, in such man- 
 :ner as the county board of education may determine, for 
 maintaining the public schools for four months at least in 
 • each year. But the county board of education shall not be 
 required to expend upon a district containing less than six- 
 ty-five pupils the same sum it may give to larger districts, 
 notwdthstanding an inequality of length of school terms may 
 he the result. The county board of education, on or before 
 :the annual meeting of the commissioners and justices of the 
 peace for levying county taxes, shall make an estimate of the 
 •amount of money necessary to maintain the schools for four 
 months and submit it to the county commissioners. 
 
 Nqte. — This section should be observed and its provisions carried out 
 fully by the county commissioners. It vt^ill be observed that the lavi^ is 
 mandatory in its provisions, and that it is intended to carry into effect 
 the j)rovisions of article nine, sections two and three of the state consti- 
 
41 
 
 tution. It will be noted that the county board of education is required 
 to make an estimate of the additional funds necessary to jirovide schools 
 for four months, and submit it to the commissioners. Of course this 
 can be done only approximately. For some years the law has required 
 the county commissioners to levy any additional tax that might be nec- 
 essary to continue the schools for a period of four months ^)er annum, 
 and the constitution of the state makes it their duty to do this under 
 penalty of indictment; and yet some commissioners do not attend to 
 this duty. The fact should be emphasized that the constitution does not 
 attacli a penalty to a Tiblation of official duty in any case except the 
 failure of county commissioners to provide schools for four months. 
 Construing the constitution and the statute together, we are forced to 
 the conclusion that it is the imperative duty of the commissioners to 
 levy this tax. 
 
 The decision of the supreme court in Barksdale v. Commissioners of 
 Sami^son, 93 N. C. Reports, relieves the commissioners of this obligation 
 only when the limit of 66| cents on $100 valuation of property and 
 $3.00 on polls has been reached for state, county and school purposes. 
 
 In the revenue law, just passed, the rate of taxation is 20 cents on 
 property and 60 cents on polls, wliich added to 12^ cents on property 
 and 37-^ cents on polls levied by the assembly in the school law, makes 
 a total levied by the assembly of 32i cents on property and 974 cents on 
 polls, leaving the margin of taxation by the commissioners for county 
 and school purposes 34 1-6 cents on property and $1.02^oni)olls. In this 
 cannot be included any special tax levied by special acts of the assem- 
 bly. The county, board of education will make the estimate of funds 
 necessary to continue the schools four months as heretofore, and submit 
 it to the county board of commissioners. 
 
 Sec. 2591. School committee empowered to contract with teacher 
 of ■private school ; proviso. 
 In any school district where there may be a private scliool, 
 regularly conducted for at least nine months in the year, the 
 school committee may contract with the teacher of such pjri- 
 vate school to give instruction to all pupils between the ages 
 of six and twenty-one years in the branches of learning 
 taught in the public schools, as prescribed in this chapter, 
 without charge and free of tuition ; and such school com- 
 mittee may pay such teacher for such services out of the 
 public school funds apportioned to the district, and the agree- 
 ment as to such pay shall be arranged between the commit- 
 
42 
 
 tee and teacher : Provided, any teacher so employed shall ob- 
 tain a first-grade certificate before beginning his work, and 
 shall from time to time make such reports as are required of 
 other public school teachers under this chaj^ter. 
 
 Note.— -This section is intended to harmonize the pubhc and the pri- 
 Tate school interests, bnt it does not contemplate that the pupils of any 
 one district be divided among the different private schools that may be 
 located within its limits. The general law provides that districts must 
 be laid off and definite territorial lines established and a public school- 
 house provided, at which all the pupils within such lines are to attend 
 school. If, however, the committee think best they can employ the 
 princiijal of a permanently established private school to teach all the^ 
 pupils of the district, following the spirit and the letter of this section. 
 
 While the committee are to decide whether such contract shall be 
 made with a teacher of a private school, the board of education are to 
 determine whether the private school is such an one as is contemplated, 
 if there is any doubt on this point ; and they are to see that the law is 
 complied with in all other particulars. If committees, under this sec- 
 tion, do employ teachers of private schools they must j)rovide such length 
 of terms as will protect the public school interests. 
 
 Sec. 2592.' Misdemeanor to wilfully disturb any school, &c. 
 
 Every person who shall wilfully interrupt or disturb any 
 public or private school, or any meeting lawfully and peace- 
 fully held for the purpose of literary and scientific improve- 
 ment, either within or without the place where such meeting 
 or school is held, or injure any school building, or deface any 
 school furniture, apparatus or other school property, shall be 
 guilty of a misdemeanor, and fined not exceeding fifty dol- 
 lars or imprisoned not more than thirty days. 
 
 Sec. 2593. (As ame7ided by the Laws of 1885). State superin- 
 tendent of public instruction authorized to employ cleric ; Jiis 
 salary, how paid. 
 The state superintendent of public instruction is author- 
 ized to employ a clerk at a salary of one thousand dollars 
 per annum, which shall be paid quarterly by the state treas- 
 urer, on the warrant of the auditor, out of any funds which 
 may be in the treasury not otherwise appropriated. 
 
43 
 
 Sections of an act to amend the public school law, 
 chapter fifteen of the code, not included in the 
 foregoing. (see laws of 1885). 
 
 Sec. 24. The principal or superintendent of every school 
 sis,pported in whole or part by public funds, shall report to 
 the state superintendent at such time and in such form as 
 he. may direct. 
 
 Sec. 25. The treasurer of the county board of education 
 shall attend at the office of the county board of education 
 on the first Mondaj of each month and the Saturday pre- 
 ceding for the. purpose of paying school orders. 
 
 .Sec. 26. Money that has been apportioned to the districts 
 shall not be used to pay orders for teachers' salaries for schools 
 taught during any term that does not extend into the school 
 year in which the apportionment was directed by law to be 
 made. Money levied during any year shall be applied for 
 school work during the school year , beginning the first of 
 December of that year, subject only to the above exception 
 as to salaries of teachers for schools caught during the pre- 
 ceding school year. Debts contracted for building may be 
 paid with any money to the credit of the district. 
 
 Note. — This section is intended to forbid committees from having 
 schools taught on credit. Sheriffs are required, under heavy penalties, 
 to pay to the ti-easurer all school funds levied in any year on or before 
 the 31st day of December, and the board of education are required to 
 api^ortion the money on the first Monday in January following. The 
 committees can use this money to pay teachers for terms taught during 
 the preceding year if such tejms extend into December. The meaning 
 is that there shall be no credit for teaching other than for the current 
 winter schools, and contracts for these must be made not to cover more 
 money than is, or will be to the credit of the district on the first Monday 
 of January. 
 
 Sec. 27. The secretary of state shall furnish a copy of The 
 €ode and of the Laws to each county board of education. 
 
 Sec. 28. No change of districts shall be made until full in- 
 formation is laid before the county board of education, show- 
 
44 
 
 ing the shape, size, boundaries and school population of all; 
 the districts affected by the change. Unless for extraordi- 
 nary geographical reasons, no change of district lines shall 
 be made that will constitute any district with less than sixty- 
 five children of school age ; and the county board shall pro- 
 vide, as far as practicable, that no district shall contain less 
 than that number of children of school age. The county 
 board shall furnish plans and require the committees to con- 
 struct comfortable houses, with a viow to permanency and 
 enlargement as the increasing pupulation may demand. The' 
 county board shall, in all matters, obey the requirements of 
 the state board of education and the state superintendent. 
 
 Note. — This section does not require tlie counties to be redistricted, 
 Mt this may be done if the boards so determine. If changes of district 
 hues are made, however, full information must be laid before the board 
 to enable tliem to act intelligently. In making new districts or chang- 
 ing lines, no district can be made, or left with less than sixty-fiTe chil- 
 dren of school age, unless on account of extraordinary geographical 
 reasons, such as the intervention of dangerous rivers or creeks; the large 
 territory that, in some syjarsely populated sections, would be required to 
 include sixty -five pupils, &c. No district should be less than four miles 
 square, unless for such reasons as these; and tlifi boards are instructed 
 not to make any smaller than tMs (unless for such reasons), that will 
 contain less than sixty-five pupils. The- reason for this is that from this, 
 number, within the school ages, not more will probably attend school 
 than one teacher can serve. This consideration will explain the Ijtst sen- 
 tence but one in section 2590. 
 
 One of the great evils o-f the school system is the tendency to make 
 the districts too small; boards are instructed to prevent this. The true- 
 poliey is to caake the districts as they ought to be, and tlien liave jjer- 
 manent houses built. If the district is not^too large in tei^ritory, a large- 
 population is no good reason for dividing it, because the more children 
 ai-e taught together the cheaper they can be taught. If we are to go on 
 dividing districts as then- population increases, we will fail to- have good, 
 comfortable houses, and permanent school centres for the different com- 
 munities. 
 
 It is settled that we are to have a public school system. Let the coiinty 
 boards of education, the committees and the people work together, in 
 the respective counties, to build comfortable houses, furnish them welL 
 and make their location permanent; then our system will soon be muck 
 mxjre effective for good.. 
 
APPENDIX. 
 
 LIST OF TEXT-BOOKb 
 
 WITH 
 
 Superintendent's Comments and Explanationsj. 
 
 LOCAL ASSESSMENT ACT. 
 
 Under the provisions of section 2539 of the law requiring- 
 the state board of education to recommend a series of text- 
 liooks to be used in the public schools for a term of three 
 years, and until other^-ise ordered, the board in 1881 recom- 
 mended a list of text-books to which the board in 1885 added 
 others, and contracted with the publishers of the same to 
 furnish them to pupils at the cash retail price given opposite 
 each book mentioned in the list below. No change will be 
 made without due notice. 
 
 Of the books so recommended the following are kept by 
 the University Publishing Company, from whom order blanks 
 may be obtained : ^ 
 
 Contract 
 UNrVEnSlTY PUBLISHDfG CO. . PiHce. 
 
 Holmes' Fii-st Reader -- I .14 
 
 Holmes' Second Reader .34 
 
 Holmes' Tliird Reader .36 
 
 Holmes' Fourth Reader .48 
 
 Holmes' Fifth Reader ..- .80 
 
 Holmes' New History of the U. S - --- 1.00 
 
 Maury's Elementary Geography. .60 
 
 Maury's Revised Manual of Geography, N. C. Edition 1..2Sf 
 
46 
 
 Contract 
 
 THE J. B. LIPPINCOTT CO. PHce. 
 
 Sanf ord's Primary Analytical Arithmetic % .20 
 
 Sanford's Intermediate Analytical Arithmetic - .36 
 
 Sanford's Common School Analytical Arithmetic 64 
 
 Sanford's Higher Analytical Arithmetic 1.00 
 
 Worcester's Primary Dictionary 48 
 
 Worcester's Common School Dictionary .80 
 
 Worcester's Comprehensive Dictionarj- _ 1.40 
 
 Worcester's Academic Dictionary j... 1.50 
 
 Worcester's Octavo Dictionary ,.._ 3.40 
 
 CLARK & MAYNARD. 
 
 Reed & Kellogg's Graded Lessons in English 40 
 
 Reed & Kellogg's Higher Lessons in English . _ . , .70 
 
 E. H. BUTLER & CO. 
 
 Goodrich's Child's History U. .S 60 
 
 E. J. HALE & SON. 
 
 Stephens' History .of the U. S 1.08 
 
 HARPER & BROTHERS. 
 
 Swinton's Language Primer .., .38 
 
 Harrington's Spelling Book _. .30 
 
 Harper's New Graded C6py-Books. Primary. 7 Nos. Perdoz... .80 
 
 Gram. Sch'l. 8 Nos. " ... 1.08 
 
 A. WILLIAMS & CO. 
 
 ft 
 
 Moore's History of N. C -.. 85 
 
 JSForth Carolina Writing-Books, Per doz 1.00 
 
 A. S. BARNES & CO. 
 
 Steele's Abridged Physiology 50 
 
 James' Southern Selections 1.10 
 
 Beers' System of Penmanship. Per doz 1.20 
 
 VAN ANTWERP, BRAGG- & CO. 
 
 Harvey's Revised Elementary Grammar .50 
 
 Eclectic Copy -Books. Per doz , 1,20 
 
47 
 
 Contract 
 
 POTTER, AINS WORTH & CO. PinC€. 
 
 Payson, Dunton & Scribner's Copy-Books. Primary Series. Doz.$ .84 
 
 National '' '^ 1.30 
 
 WALKER, EVANS & COGSWELL. 
 
 Reynolds' Copy-Books. Per doz 1.20 
 
 The following are recommended bnt not put with the De- 
 positaries : 
 
 Retail. 
 
 Webster's Primary Dictionary .-. $0.48 
 
 Webster's Common School Dictionary. - 72 
 
 Webster's High School Dictionary -. .92 
 
 Webster's Academic Dictionary -- 1.50 
 
 Webster's Elementary Speller. - .12 
 
 To carry out this arrangement, the publishers have made 
 the Universitj^ Publishing Co., No. 19- Murray St., N. Y., 
 depositaries, from whom all the books recommended can be 
 obtained, except Webster's Spelling Book and Webster's Dic- 
 tionaries, the publishers of which declined to put them with 
 the depositaries. Except these, all the books recommended by 
 the State Board, with retail prices, are named on the order 
 blank, which may be obtained on application to the Univer- 
 sity Publishing Company. 
 
 The County Boards of Education and the County Super- 
 intendents are urged to secure suitable persons to k'eep these 
 books who wdll sell them at retail prices. 
 
 For further information on the subject of text-books, and 
 the mode of obtaining them, I herewith republish the fol- 
 lowing circular letter ; 
 
 OFFICE OF SUPERINTENDENT PUBLIC INSTRUCTION, 
 Raleigh, N. C, December 30, 1885. 
 
 To the Bo-iRD OF Education of County: 
 
 I herewith enclose blank order-sheet for school books now on our State 
 list of text-books. It will be observed that most of the publishers have 
 
48 
 
 agreed to place their books which are now on our State list in a common 
 depository, for the convenience of dealers and to save expense necessa- 
 rily attending the ordering of books, as heretofore done, from each of 
 the i)ublishing ]iotises sejaarately. 
 
 You will note that some books, now on our State list, do not appear 
 on the order-blank. The explanation of this is found in the fact that 
 the publishers declined to i^ut them in the depository. 
 
 Harrington's Spelling Book, Swinton's Langviage Primer and Harper's 
 Copy Books have been added to the list, and are named on the order 
 blank with the other books. 
 
 Harrington's Spelling Book is so arranged that the child will necessa- 
 rily learn the meaning of every word it learns to spell, because, if the 
 directions are followed, it will be compelled to use in sentences all the 
 words as they occur in the si^elling lessons. The book is also so graded 
 that it will be used throughout a common school course, such words 
 being used at the difPerent steps as will meet the pupil's wants as he pro- 
 gresses in other branches of study. 
 
 Swinton's Language Primer is intended to be used before the pupil 
 takes English Grammar, and every teacher should sefe that this is done. 
 Tliis little book has been added to the list as a preparatory book. It is 
 the observation of all good teachers that much time is often wasted on 
 English Grammar because the pupils are expected to learn what they 
 are not prepared for. The proper use of Harrington's Spelling Book and 
 the Language Primer v/ill lay a good foundation for the successful study 
 of English Grammar. 
 
 A neat and tJioroughly revised edition of Holmes' Readers will soon be 
 published. This edition, I think, will be satisfactory in every way; and 
 it will be so arranged that it can be used in connection with the old edi- 
 tion, thus preventing any unnecessary loss by throwing aside the old 
 books. The first number will be so simple, and so Avell up to the times, 
 that it will meet the wants of the little child just beginning -its course. 
 I do not m%an to imi^ly that Reading Charts ought to be dispensed with ; 
 but where they are not at hand, and where the conditions for their use 
 are not favorable, this first Reader will be suited to the child's wants. 
 
 Li adding the Graded Spelling Book and the Language Lessons to the 
 list, and in the revision of the Readers the object has been to present a 
 well-graded course which will lead the child naturally and^easily to the 
 more difficult branches of study and give him a relish for them v/hen he 
 reaches them, and. at the same tiine not subject parents to expense in 
 throwing aside old books aud buying new ones. The disposition we find 
 so prevalent in this day of book-making, to change books, thereby add- 
 ing unnecessary expense to the iiatrons of the schools should be dis- 
 couraged. The books on our State list are good and well-arranged books, 
 and the retail jiricQ is very low. A judicious use of these books, under 
 
49 
 
 the supervision of a competent county superintendent, will bring results 
 entirely satisfactory. 
 
 I do not think it best to require all other books now in the hands of 
 the pupils to be discarded from the school-room under all circumstances. 
 
 The Boards of Education of the respective counties are, however, re- 
 quired, under section 2539 of the School Law, to see that when neiv books 
 are introduced into tlie schools, they shall be of the series recommended. 
 I call special attention to this duty. The object is to uniform, the schools 
 for the purpose of saving expense and economizing the time of the 
 teachers. 
 
 The original arrangement "\vith the publishing houses contemplated 
 that the books recommended by the State Board of Education should be 
 sold to the patrons of the schools at the retail prices na-med, but in many 
 sections of the State they were in fact sold at figures much above these 
 prices. If the dealers secured the largest discounts allov\^ed, they were 
 com]Delled to make as many orders to supply themselves as there were 
 publishing houses respresented on the list of books. This involved not 
 only much trouble to the dealers and to the publishers, but it also in- 
 volved much extra and unnecessary expense in freights, especially so 
 when this mode of dealing caused the forwarding of a great manj^ small 
 packages by Express. 
 
 Under the arrangement to which most of the publishers represented 
 on our list have kindly consented, much of this trovible and extra ex-' 
 j)ense will be a,voided. The University Publishing Company, 19 Murray 
 Street, New York, have been named by the pubhshing houses having 
 books on the list as depositaries for them. They will furnish order 
 blanks, and these blanks will contain the names of all the books on our 
 list which will be furnished by the dexjositaries upon the special terms. 
 
 If these blanks are used, and the specialrequirements therein are com- 
 plied with, a discount of tiventy-five per cent, from the prices named on 
 the blank will be allowed, less the small charge for shipping, as men- 
 tioned on the blank, provided the remittance is made with the order. 
 
 It will be the duty of the Boards and the Superintendents to see that 
 there are always a sufficient number of dealers handling the books in 
 their respective counties, to init them really in easy reach of all .the 
 children at contract prices for cash, which prices are those named on the 
 blanks. It is not expected that it will be difficult to have the books kept 
 and sold at these prices, because the discount is made large enough to 
 justify it; but, should it become necessary , the county officers may order 
 and keep the books for sale on the same terms. 
 
 There ought to be no objection to the use of the blanks^ — they are re- 
 ally a convenience — nor to making the remittance with the order. It is 
 a compliance with these terms that secures so favorable a discount to 
 dealers and places the books in the hands of the children at siicli low 
 prices, thus saving thousands of dollars annually. If at any time you 
 
50 
 
 -should have trouble to have the books kept, and sold at contract prices^ 
 please reiDort to this office. Should there be any influences against the 
 use of the books recommended by the State Board, I will be obliged to 
 you to report to me by whom they arc used and what are the arguments 
 urged. The Assemby has shown from time to time that uniformity of 
 text-books is intended and desired. In conformity with the action Of 
 the Assembly, the State Board of Education selected a series of good 
 books, well adapted to o"ar needs, and free from any objectionable senti- 
 ments, so far as I have been able to learn; and most of the publishers of 
 these books not only manifest a liberal spirit in the sale of the books ^ 
 but also endeavor to keep them up to the times by revisions as they may 
 be needed. Let them be fully used in the public schools. In these days 
 of progress there is less slavish confinement to text-books than there 
 formerly was ; and while books are necessary, the live, progressive 
 teacher tiirows his individuality into his work and teaches subjects rather 
 than books, according to the most approved methods and according to 
 the conditions surrounding him. 
 
 Very re3i;)8ctfully, your obedient servant, 
 
 S. M. FINGER, 
 State Superintendent of Public Instruction. 
 
 LOCAL ASSESSMENT ACT. 
 
 This act is not republished here because the decision of 
 the Supreme Court, in Puett vs. Commissioners of Gaston 
 county, 94 N. C. Reports, in effect declares it unconstitutionaL